Maui Zoning Information
One of the first questions a prospective builder and Buyer of Maui land asks is what are the building requirements, what is permitted to be built, setback regulations and more. However, deciphering the Code of Ordinances Title 19 (click here) can be difficult and confusing to say the least. As a very general guideline, we are aggregating some of the pertinent verbiage from various chapters of Title 19 for ease of reference. This is NOT all inclusive, as there are additional requirements beyond the short descriptions below - to include requirements for driveways, utilities, ingress/egress, agricultural usage, and more. Our agents are experts who can assist those looking to purchase Maui real estate to build or improve. Contact us to discuss your specific objectives.
Disclaimer: This page is for informational purposes only, subject to change without advance notice. Prospective Buyers and current owners must consult with qualified licensed experts, such as architects, surveyors, general contractors, Planning Department personnel, and others, to base their decisions/opinions.
RESIDENTIAL DISTRICT
The minimum lot area shall be:R-1 residential districts 6,000 square feet
R-2 residential districts 7,500 square feet
R-3 residential districts 10,000 square feet.
The minimum lot width shall be:
R-1 residential district 60 feet
R-2 residential district 65 feet
R-3 residential district 75 feet.
There may be more than one single-family dwelling on any lot when the minimum lot area of six thousand square feet in R-1, seven thousand five hundred square feet in R-2, and ten thousand square feet in R-3 is provided for each dwelling unit.
Subject to approval of the commission, mixture of lot sizes may be permitted within any residential district; provided, however, that the minimum lot size shall not be less than six thousand square feet, and that the overall project density shall not exceed that permitted within the district. Where the subdivision or project is designed to meet the needs of low or moderate income families, and adequate provisions are provided to insure owner-occupancy and the control or limitation of speculation, the commission may permit an increase in density not to exceed ten percent.
No building shall exceed two stories nor thirty feet in height.
There shall be a front yard of fifteen feet, side yard of six feet, and rear yard of six feet for all residential districts. Side and rear yards for two-story buildings shall be ten feet in all residential districts. Additional restrictions apply for greenhouses, refer to Title 19 for details.
R-0 ZERO LOT LINE
The lots upon which dwelling units are to be built in the R-O zero lot line residential district shall not be less than three thousand square feet and not more than six thousand square feet in area; provided, that smaller lot sizes may be permitted if the total lot area, including easements, is not less than three thousand square feet.No building shall be constructed on a lot with a lot width of less than thirty-five feet; provided, that the stem of a flag lot shall be singularly exempted from the requirement.
A. Front Setback Line: 10 feet for any lot with frontage which abuts a public street.
B. Access Yard Setback Line: 15 feet
C. Zero Lot Line. Not more than one zero lot line shall be permitted in accordance with the standards established in the pertinent chapter of Title 19; provided, that one other zero lot line shall be permitted to allow two private garages or carports on two, abutting lots to adjoin;
D. Setback for Alternating Zero Lot Lines. For lots where a zero lot line of a lot is not adjoined by a zero lot line of an adjacent lot, this adjacent lot shall provide a ten- foot setback line and shall include a five-foot-wide maintenance easement pursuant to section 19.09.090 of this chapter;
E. Other Setback Lines. Except for the front setback line, access yard setback line, zero lot lines, and setback for alternating zero lot lines, there shall be setbacks from all other lot lines of not less than 6 feet for a lot upon which a one-story dwelling unit is built and not less than 10 feet for a lot upon which a two-story dwelling unit is built;
F. Additional Yard. Except for the front setback line and the zero setback lines, there shall be at least one other yard of not less than two hundred twenty-five square feet with a width of 10 feet.
ACCESSORY DWELLINGS (Cottage / 'Ohana')
The maximum gross floor area of an accessory dwelling shall be determined as follows:
Lot Area Up to 7,499 - allows accessory dwelling up to 500 sq ft
Lot Area 7,500 to 9,999 - allows accessory dwelling up to 600 sq ft
Lot Area 10,000 to 21,779 - allows accessory dwelling up to 720 sq ft
Lot Area 21,780 to 43,559 - allows accessory dwelling up to 840 sq ft
Lot Area 43,560 to 87,119 - allows accessory dwelling up to 960 sq ft
Lot Area 87,120 or more - allows accessory dwelling up to 1,200 sq ft
Lot Area Up to 7,499 - allows accessory dwelling up to 500 sq ft
Lot Area 7,500 to 9,999 - allows accessory dwelling up to 600 sq ft
Lot Area 10,000 to 21,779 - allows accessory dwelling up to 720 sq ft
Lot Area 21,780 to 43,559 - allows accessory dwelling up to 840 sq ft
Lot Area 43,560 to 87,119 - allows accessory dwelling up to 960 sq ft
Lot Area 87,120 or more - allows accessory dwelling up to 1,200 sq ft
For the island of Maui:
1. No more than one accessory dwelling shall be permitted on any lot that is less than 7,500 square feet.
2. No more than two accessory dwellings shall be permitted on any lot that is 7,500 square feet or greater. An accessory dwelling shall have a carport, garage, or other off-street parking space to be used by residents of the accessory dwelling. The carport or garage shall not exceed a total floor area of 500 square feet.
1. No more than one accessory dwelling shall be permitted on any lot that is less than 7,500 square feet.
2. No more than two accessory dwellings shall be permitted on any lot that is 7,500 square feet or greater. An accessory dwelling shall have a carport, garage, or other off-street parking space to be used by residents of the accessory dwelling. The carport or garage shall not exceed a total floor area of 500 square feet.
For the islands of Lanai and Molokai, one accessory dwelling permitted on a lot greater than 7,500 square feet.
The minimum lot area shall be 10,000 square feet for both Apartment 1 (A-1) and Apartment 2 (A-2)
The minimum lot width shall be 70 feet for both Apartment 1 (A-1) and Apartment 2 (A-2)
The maximum height shall be 35 feet for Apartment 1 (A-1) and 60 feet for Apartment 2 (A-2) - exception for chimneys, elevator/stair shafts, vent pipes, etc.
The minimum front and rear setback for both Apartment 1 (A-1) and Apartment 2 (A-2) shall be 15 feet for the portion of the building 35 feet or less in height and 20 feet for the portion of the building taller than 35 feet. As an example, if building is 30 feet, then 15 feet setback.
The minimum side yard setback for both Apartment 1 (A-1) and Apartment 2 (A-2) shall be 10 feet for the portion of the building 35 feet or less in height and 15 feet for the portion of the building taller than 35 feet.
The maximum lot coverage shall be 25% for Apartment 1 (A-1) and 35% Apartment 2 (A-2)
As a disclaimer, a myriad of requirements and restrictions apply - the purpose behind having strict regulations on the agricultural district is to preserve the agricultural res
Except as otherwise provided in Chapter 19.30A, the following district standards shall apply for uses, facilities and structures in the agricultural district
A. Minimum lot area: two acres;
B. Minimum lot width: two hundred feet;
C. Minimum yard setbacks: front yards, twenty-five feet; side and rear yards, fifteen feet;
D. Maximum developable area: ten percent of the total lot area. This restriction shall apply to farm dwellings, but shall not apply to any structure or portion thereof which is used to support agriculture, including but not limited to storage facilities, barns, silos, greenhouses, farm labor dwellings, and stables, and shall not apply to utility facilities as permitted by this chapter;
E. Maximum height limit: Unless otherwise provided for in this chapter, the maximum height of any dwelling (main residence, ohana, or farm accessory structure) shall be 30 feet - exception for chimneys, antennas, etc. which should have max height of 40 feet. Any non-dwelling structure such as a barn or silo that is over thirty-five feet in height shall be set back one additional foot for each foot in structure height;
F. Maximum wall height: Walls shall not exceed four feet within the yard setback area as measured from the finished or existing grade, whichever is lower, to the top of the wall as defined herein, except for one utility wall per lot; utility walls shall not exceed seven feet in height and seven feet in width, and shall not obstruct sight distance for roadways or driveways. This does not preclude constructing fences on the top of the wall for safety purposes. The director of public works may permit greater heights of walls as needed to retain earth, water, or both for health and safety purposes;
G. The maximum number of lots that may be created from a lot, or portion thereof, that is in the agricultural district shall be based on the gross area of the subject lot, which for the purposes of this subsection shall be the tax map key parcel as certified by the real property tax division on March 1998, as follows:
APARTMENT DISTRICT
The minimum lot area shall be 10,000 square feet for both Apartment 1 (A-1) and Apartment 2 (A-2)
The minimum lot width shall be 70 feet for both Apartment 1 (A-1) and Apartment 2 (A-2)
The maximum height shall be 35 feet for Apartment 1 (A-1) and 60 feet for Apartment 2 (A-2) - exception for chimneys, elevator/stair shafts, vent pipes, etc.
The minimum front and rear setback for both Apartment 1 (A-1) and Apartment 2 (A-2) shall be 15 feet for the portion of the building 35 feet or less in height and 20 feet for the portion of the building taller than 35 feet. As an example, if building is 30 feet, then 15 feet setback.
The minimum side yard setback for both Apartment 1 (A-1) and Apartment 2 (A-2) shall be 10 feet for the portion of the building 35 feet or less in height and 15 feet for the portion of the building taller than 35 feet.
The maximum lot coverage shall be 25% for Apartment 1 (A-1) and 35% Apartment 2 (A-2)
AGRICULTURAL DISTRICT:
As a disclaimer, a myriad of requirements and restrictions apply - the purpose behind having strict regulations on the agricultural district is to preserve the agricultural res
Except as otherwise provided in Chapter 19.30A, the following district standards shall apply for uses, facilities and structures in the agricultural district
A. Minimum lot area: two acres;
B. Minimum lot width: two hundred feet;
C. Minimum yard setbacks: front yards, twenty-five feet; side and rear yards, fifteen feet;
D. Maximum developable area: ten percent of the total lot area. This restriction shall apply to farm dwellings, but shall not apply to any structure or portion thereof which is used to support agriculture, including but not limited to storage facilities, barns, silos, greenhouses, farm labor dwellings, and stables, and shall not apply to utility facilities as permitted by this chapter;
E. Maximum height limit: Unless otherwise provided for in this chapter, the maximum height of any dwelling (main residence, ohana, or farm accessory structure) shall be 30 feet - exception for chimneys, antennas, etc. which should have max height of 40 feet. Any non-dwelling structure such as a barn or silo that is over thirty-five feet in height shall be set back one additional foot for each foot in structure height;
F. Maximum wall height: Walls shall not exceed four feet within the yard setback area as measured from the finished or existing grade, whichever is lower, to the top of the wall as defined herein, except for one utility wall per lot; utility walls shall not exceed seven feet in height and seven feet in width, and shall not obstruct sight distance for roadways or driveways. This does not preclude constructing fences on the top of the wall for safety purposes. The director of public works may permit greater heights of walls as needed to retain earth, water, or both for health and safety purposes;
G. The maximum number of lots that may be created from a lot, or portion thereof, that is in the agricultural district shall be based on the gross area of the subject lot, which for the purposes of this subsection shall be the tax map key parcel as certified by the real property tax division on March 1998, as follows:
At least 2 acres but less than 31: maximum 7 two-acre lots.
At least 31 acres but less than 61: maximum 7 two-acre lots, plus one more lot for each 10 acres above 31.
At least 61 acres but less than 92: maximum 10 two-acre lots, plus one additional for each 15 acres. One 15 acre lot.
92 acres or more: maximum 12 two-acre lots, plus one additional for each 40 acres above 92. Two 15 acres lots for each 60 acres above 92. One 25-acre lot plus one additional for each 100 acres above 92. One 40 acre lot for each 160 acres above 92 acres.
HOTEL DISTRICT
The hotel districts on Maui are among the most prized real estate on the island due to rentability. Generally, these hotel-zoned properties are on the water but there may be exceptions. Nonetheless:Minimum Square footage: For H-1 is 10,000 square feet, for H-M is 15,000 square feet, and for H-2/Hotel is 20,000 square feet.
Minimum Lot Width: For H-1 is 75 feet, for H-M is 85 feet, and for H-2/Hotel is 100 feet.
Maximum Building Height: For H-1 is 35 feet, for H-M is 90 feet, and for H-2/Hotel is 160 feet - exception for chimneys, elevator shafts, etc. for which an additional 10 feet is allowed.
Minimum setback in front and rear yard: For H-1, for H-M, and for H-2/Hotel all is half of the building height, with a minimum of 15 feet.
Minimum setback for side yard: For H-1, for H-M, and for H-2/Hotel, if the building height is:
less than 30 feet then 10 feet
30 to 60 feet then 15 feet
60 to 90 feet then 20 feet
90 to 120 feet then 25 feet
120 to 160 feet the 30 feet
Maximum floor-to-area ratio: For H-1 is 25%, for H-M is 30%, and for H-2/Hotel is 35%
Minimum Lot Width: For H-1 is 75 feet, for H-M is 85 feet, and for H-2/Hotel is 100 feet.
Maximum Building Height: For H-1 is 35 feet, for H-M is 90 feet, and for H-2/Hotel is 160 feet - exception for chimneys, elevator shafts, etc. for which an additional 10 feet is allowed.
Minimum setback in front and rear yard: For H-1, for H-M, and for H-2/Hotel all is half of the building height, with a minimum of 15 feet.
Minimum setback for side yard: For H-1, for H-M, and for H-2/Hotel, if the building height is:
less than 30 feet then 10 feet
30 to 60 feet then 15 feet
60 to 90 feet then 20 feet
90 to 120 feet then 25 feet
120 to 160 feet the 30 feet
Maximum floor-to-area ratio: For H-1 is 25%, for H-M is 30%, and for H-2/Hotel is 35%
SHORELINE SETBACK
The below verbiage is part of the MC Title 12 (click here), make sure to read the Title in its entirety and consult a qualified professional such as a Hawaii real estate attorney, Planning Dept personnel, surveyors, etc. for details. Establishment of shoreline setback lines.
(a) All lots shall have a shoreline setback line that is the greater of the distances from the shoreline as calculated under the methods listed below or the overlay of such distances:
(i) Twenty-five feet plus a distance of fifty times the annual erosion hazard rate from the shoreline;
(ii) Based on the lot’s depth as follows:
(A) A lot with an average lot depth of one hundred feet or less shall have a shoreline setback line twenty-five feet from the shoreline
(B) A lot with an average lot depth of more than one hundred feet but less than one hundred sixty feet shall have a shoreline setback line forty feet from the shoreline
(C) A lot with an average lot depth of one hundred sixty feet or more shall have a shoreline setback line located at a distance from the shoreline equal to twenty-five percent of the average lot depth, but not more than one hundred fifty feet.
(iii) For irregularly shaped lots, or where cliffs, bluffs, or other topographic features inhibit the safe measurement of boundaries and/or the shoreline, the shoreline setback line will be equivalent to twenty-five percent of the lot’s depth as determined by the Director, to a maximum of one hundred fifty feet from the shoreline.
(b) Notwithstanding any provision of this section to the contrary, a lot shall have a shoreline setback line at a distance from the shoreline that provides for the minimum buildable depth; provided that, in no case shall the shoreline setback line be less than twenty-five feet from the shoreline. (c) Prior to commencement of grubbing, grading, or construction activities, the shoreline setback line shall be identified on the ground and posted with markers, posts, or other appropriate reference marks by a surveyor licensed in the State of Hawaii. [Eff 12/26/06 - MUST INDEPENDENTLY VERIFY TO ENSURE CURRENT REGULATIONS]
For information on the other islands, visit our Hawaii Shoreline Setbacks page.
For information on the other islands, visit our Hawaii Shoreline Setbacks page.