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Maui County, HI Environmental Rules: Erosion Control (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

These county ordinances apply to unincorporated areas of Maui County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

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?
Not the smallest ones. Section 20.08.031 exempts excavation, fill or stockpiling under 100 cubic yards and 4 feet in height, and grubbing under one acre, from the permit-application steps, but section 20.08.035's minimum best-management-practices still apply to that work.
What happens if I grade in Maui County without a permit?
Section 20.08.095 doubles the required permit fee or adds a flat $200 penalty, whichever is greater, and holds the owner, developer or responsible party liable for repairing any on-site or off-site damage the unpermitted grading caused.
When does a Maui grading project need an engineer-prepared erosion control plan?
Section 20.08.060 requires one, along with a drainage plan and report, whenever the graded area exceeds one acre or the proposed cut or fill exceeds 15 feet in height.

Sources & Official References

Other rules in Maui County

All Maui County rules

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