Ag CPR



Condominium Property Regimes (CPR's) originally implied vertical structures or highrises. However, today agricultural (ag) CPR's are spread out horizontally. The same basic principles apply.

A legal document identifies what areas are for your exclusive use, what areas are the limited common elements, and what are the shared common elements, along with other things.

Kauai's ag zoning allows one house to be built on the first acre and one house per three acres thereafter, never to exceed a total of five houses (legally known as Farm Dwelling Units or FDU's). For example, if you have a 13-acre parcel or larger zoned agricultural, you may be able to build up to five houses.

A CPR makes it easier to buy or sell off portions of the total parcel of land. You or a buyer could obtain financing from a traditional lending institution and your liability is somewhat reduced.

FOR AG PARCELS LESS THAN 4 ACRES:

1. Owners should contact the Planning Department at (808) 241-6677.
2. Only lots of record as of December 31, 2006 may qualify for an ADU.
3. ADU clearance forms must be submitted to the Planning Department by June 15, 2007.
4. Building Permits must be applied for by December 15, 2009 provided the ADU Clearance Form was approved.

All ADU clearance forms and building permits are subject to specific infrastructure requirements from the various County Departments, so there may be instances when a property cannot qualify for an ADU, regardless of its zoning. Owners are encouraged to contact the Planning Department directly to see if their property qualifies for an ADU or not: (808) 241-6677.

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