Maui County, HI Environmental Rules: Erosion Control (2026)
Key Facts
- Grading/grubbing permit
- Required before starting work
- SMA cut/fill threshold
- 50 cu. yd. or 2 ft. height
- Erosion control plan trigger
- Over 1 acre or 15 ft. cut/fill
- Stabilization deadline
- 14 days after 21-day idle period
- Grading-without-permit penalty
- Fee doubled or +$200
- Permit validity
- 1 year
Summary
Maui County Code Chapter 20.08 requires a grading permit before any grading or stockpiling and a separate grubbing permit before clearing vegetation, with a stricter 50-cubic-yard/2-foot trigger inside special management areas, to control construction erosion and sediment.
A.No person shall commence or perform any grading or stockpiling without a grading permit; andB.No person shall commence or perform any grubbing without a grubbing permit, except where grubbing concerns land for which a grading permit has been issued.C.No person shall commence or perform any cut or fill activity on land located within any special management areas, as defined by chapter 205A. Hawaiʻi Revised Statutes, which exceeds fifty cubic yards of material on any one site or exceeds two feet in the vertical height at its highest point, including but not limited to single-family residential construction, without a grading permit.
Full Breakdown
040 sets the baseline: no person may commence grading or stockpiling without a grading permit, and no person may grub land without a grubbing permit unless a grading permit already covers it. 040C drops the threshold so any cut or fill exceeding fifty cubic yards or two feet in vertical height, including ordinary single-family construction, needs a grading permit. 031 exempts small jobs from the permit-application steps only, not from the chapter's minimum best-management-practice duties: excavation or fill under 100 cubic yards and 4 feet in height that does not change drainage, grubbing under one acre that does not change drainage, and utility trenching under 2 feet deep and 50 cubic yards.
035 obligates every grading, grubbing and stockpiling job, permitted or excluded, to control erosion and sediment through drainage handling, dust control, vegetation retention, erosion and sediment control measures such as silt fences and sediment basins, and stabilization of any disturbed area left idle 21 days or more within 14 days of the last disturbance. 060 requires an engineer-prepared erosion control plan and drainage report once graded area exceeds one acre or a cut or fill exceeds 15 feet, plus an engineer's soils report for deeper cuts or fills in wetlands or plastic clay, and an engineering slope hazard report for grading on slopes steeper than 35 percent above developed areas. 110, subject to a director-granted extension for hardship.
Violations & Fines
Section 20.08.095 penalizes starting grading before a permit issues by doubling the permit fee or adding a flat $200, whichever is larger, and makes the property owner, developer or person who initiated the grading responsible for repairing any on-site or off-site damage, including sediment removal from public rights-of-way and drainage systems; if the responsible party cannot complete that restoration, the director may require a performance bond sufficient to cover the cost, held for up to one year. Section 20.08.100 lets the director deny a permit outright if the proposed work is likely to endanger property or a public way based on rain saturation, earth movement, runoff or subsurface conditions.
Frequently Asked Questions
Does every construction project in Maui County need a grading permit?
What happens if I grade in Maui County without a permit?
When does a Maui grading project need an engineer-prepared erosion control plan?
Sources & Official References
Other rules in Maui County
Compare Maui County to another location·View the Hawaii environmental rules overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.