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Richard
Richard


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What Can I Build On Maui?

(WIP,  a work in progress)

Disclaimer & Advisory:  Maui zoning ordinances are complex, difficult to understand, and subject to interpretations & change.  Information herein is an interpretation without guarantee of accuracy or completeness.  This information has not been independently verified and may contain significant inaccuracies which could frustrate your use of a property.This information is not to be relied on without independent verification.  I can tell you from personal experience that it is of utmost importance, do your own due diligence on such matters. 

Residential Districts

Source:  Maui County Code of Ordinances, Chapter 19, Article II, Chapters 19.08

Lot Size
Zoning Minimum Lot Area Minimum Lot Width
R-1 6,000 sq. ft. 60 ft.
R-2 7,000 sq. ft. 65 ft.
R-3 10,000 sq. ft. 70 ft
a) Multiple homes per lot permitted using above restrictions per home
b) Mixture of lot sizes (subject to approval) may be allowed as long as
community overall density does not exceed restrictions & none <6,000 sq. ft.
c) 10% less may be allowed for low to moderate income projects

Permitted Uses (with restrictions)
Single-family dwellings
Accessory buildings located on the same lot, the use of which is customary, incidental, ...
Accessory dwelling (Ohana) may be permitted if lot is 7,500 sq. ft. or more (Chapter 19.35 applicable)
B&B homes (subject to Chapter 19.64)--HEAVILY REGULATED!
Short-term rental homes (subject to Chapter 19.65)--HEAVILY REGULATED!
Other (see list in para 19.08.020)

Accessory Dwellings (Ohana)

Source:  Maui County Code of Ordinances, Chapter 19, Article II, Chapters 19.35.  Also see article describing update.

Allowed (with restrictions) in... Not Allowed In...
Residential district Anywhere not designated as "Allowed"
Apartment district Duplex zone
Hotel district R-O zero lot line residential district
Interim zoning district R-O zero lot line district
State Land Use Rural district Cluster housing development
  Planned development in any district

Restrictions
Maximum floor area per table below
Separate entrance, no interior connection, one accessory dwelling per lot
Maximum cumulative floor area of uncovered open decks, walkways, patios, lanais, or similar structures (see para 19.35.060).
Off street parking, separate driveway optional
Public facilities servicing lot, public facilities clearance
Rental only allowed long-term (6 months or longer)

Maximum Ohana Gross Floor Area (numbers below have been increased, see article)
Lot Area (sq. ft) Acre Equivalent Maximum Gross Covered Floor Area*
7,500 to 9,999 0.172 to <0.229 500 sq. ft.
10,000 to 21,779 0.229 to <0.5 600 sq. ft.
21,780 to 43,559 0.5 to <1.0 700 sq. ft.
43,560 to 87,119 1.0 to <2.0 800 sq. ft.
87,120 or more 2.0 or more 1,000 sq. ft.

* Including any storage, covered decks, walkways, patios, lanais, and similar structures but excluding a carport or parking space.

What Can I Build On
Maui Ag Land?

Source: 
Extracted from Maui County Code of Ordinances, Chapter 19, Article II, Chapters 19.30A

Farm Dwelling Declaration form (replaces prior Farm Plan requirement).  See 2019 news article.  See Jan 8, 2019 County Code amendment from Farm Plan to Farm Declaration.  50% of land needs to be used for ag but now the owner has the freedom to change crops and/or livestock without submitting a new farm plan, a huge improvement in the regulations.

Incomplete, needs additional research

Lot Acreage Maximum Number of Permitted Lots
  2-acre min lot size 15-acre min lot size 25-acre min lot size 40-acre min lot size
2 to <31 7      
31 to <61 7 + 1 per 10 acres above 31      
61 to <92 10 + 1 per 15 acres above 61 plus --> 1    
92 or more 12 + 1 per each 40 acres above 92 (14 max) plus --> 2 + 1 per each 60 acres above 92 plus --> 1 + 1 per each 100 acres above 92 plus --> 1 for each 160 acres above 92
(a) 2 farm dwellings per lot (one limited to 1,000* sq. ft. max) AND (b) 1 farm labor dwelling per 5 acres conditioned on ag operation proof.  Check here for farm plan requirements https://www.mauicounty.gov/DocumentCenter/View/95878/Rules-Relating-to-the-Administration-of-Chapter-1930A-Pertaining-to-the-Agricultural-District?bidId=.  For review process, check here https://www.mauicounty.gov/DocumentCenter/View/118412/Farm-Plan-Review.  Property tax classification form at https://www.mauicounty.gov/DocumentCenter/View/3169/Ag-Notification-Memo?bidId=.

* Serious discussions of increasing 1,000 sq ft to 1,500 sq ft--check with county on status.

Height Restrictions On
Maui Apartment & Hotel Districts

Source: 
Extracted from Maui County Code of Ordinances, Chapter 19, Article II, Chapters 19.14

Preliminary and may be incomplete