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Fences under eight (8) feet in height are generally exempt from standard yard setback requirements. However, this exemption does <br />not apply where the fenced area is used for the sheltering or confinement of livestock. <br />If a fenced area functions as an enclosure for livestock, the seventy-five (75) foot separation requirement from property lines, as set <br />forth in Section 25-5-62(15), still applies regardless of fence height. <br />4. "Rooster Teepees" as Enclosures <br />Chapter 25 regulates structures based on their function. Any structure used for the sheltering, housing, or confinement of animals — <br />regardless of its form or permanence —may be considered an enclosure under the Code. <br />Accordingly, structures such as "rooster teepees," if used to house or confine animals, would be subject to applicable enclosure <br />requirements, including the seventy-five (75) foot setback. <br />5. Applicability of HOA CC&Rs <br />County zoning regulations and private Homeowners Association (HOA) Covenants, Conditions, and Restrictions (CC&Rs) operate <br />independently. <br />The Department of Planning enforces Chapter 25 of the Hawai'i County Code but does not enforce private CC&Rs. Property owners <br />remain responsible for compliance with both. Where private CC&Rs impose more restrictive limitations, those restrictions may be <br />enforceable through civil means. <br />6. Rock Walls and HOA Regulations <br />While certain walls or fences may be permitted under the Hawai'i County Code and may not require permits depending on height and <br />construction, such allowances do not exempt a property owner from compliance with applicable HOA CC&Rs. <br />I hope provides some clarity and answers your questions. <br />Elizabeth Gillis <br />Planning Inspector II <br />County of Hawaii Planning Department <br />74-5044 Ane Keohokalole Hwy, Bldg. E <br />Kailua Kona, HI 96740 <br />liz h.gil i hawaiicountv.94y <br />808-323-4770 <br />