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Maui County, HI Environmental Rules: Flood Elevation Requirements (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Freeboard
1 foot above base flood elevation
Zone AO alternative
1 ft above mapped depth, or 3 ft minimum
Certification
FEMA elevation or floodproofing certificate
Certifier
Licensed engineer or surveyor
Filed with
Director, Dept. of Public Works

Summary

New construction and substantially improved buildings in Maui County's mapped flood zones must have the lowest floor, including any basement, built at least one foot above the base flood elevation, with the finished elevation certified on FEMA's form and filed with the director.

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.

3.Elevation and floodproofing.a.New construction and substantial improvements, except those in zone AO, must have the lowest floor, including basement, elevated to at least one foot above the base flood elevation. On completion of the structure, the elevation of the lowest floor, including basement, must be certified by an engineer or surveyor. FEMA's "elevation certificate" form, as amended, must be used for the certification and a copy provided to the director.

Full Breakdown

030 as the water surface elevation of the 100-year flood. Once the structure is finished, an engineer or surveyor must certify the actual lowest-floor elevation on FEMA's 'elevation certificate' form and give a copy to the director of public works. In zone AO, where the flood insurance rate map shows a flood depth rather than an elevation, the lowest floor instead has to sit above the highest adjacent grade by at least one foot over the mapped depth number, or three feet if no depth number is shown, again certified on the same FEMA form.

Nonresidential buildings may floodproof instead of elevating, but only if the walls below base flood level are made substantially impermeable, the structure can resist hydrostatic and hydrodynamic loads, and an engineer or architect certifies compliance on FEMA's floodproofing certificate. Manufactured homes get the identical one-foot-above-base-flood-elevation floor requirement under subsection D, and utilities, HVAC and other service equipment must be located at least one foot above the base flood elevation under subsection A(2)(c) so floodwater cannot enter or accumulate in them.

Violations & Fines

A structure lacking the required elevation certificate, floodproofing certificate, or other proof of compliance is presumed in violation of Chapter 16.29 under section 16.29.030 until the certification is produced. The director enforces the chapter under chapter 19.530 of the code, and property owners seeking relief from the freeboard standard must apply to the Board of Variances and Appeals under section 16.29.140, which may grant a variance only on a showing of exceptional hardship and only where it will not raise flood heights or threaten public safety.

Frequently Asked Questions

How high above the base flood elevation must a new house be built on Maui?
Maui County Code section 16.29.060(A)(3)(a) requires the lowest floor, including any basement, to be elevated at least one foot above the base flood elevation, except in zone AO, and the finished elevation must be certified by an engineer or surveyor on FEMA's elevation certificate form.
Can a commercial building floodproof instead of elevating?
Yes. Nonresidential construction may floodproof rather than elevate under section 16.29.060(A)(3)(c), provided the walls below base flood level are substantially impermeable to water, the structure resists hydrostatic and hydrodynamic loads, and an engineer or architect certifies compliance on FEMA's floodproofing certificate form.
What is the rule in zone AO where no base flood elevation is mapped?
Under section 16.29.060(A)(3)(b), the lowest floor must sit above the highest adjacent grade at least one foot higher than the flood depth number shown on the FIRM, or at least three feet above grade if the map shows no depth number, again certified on FEMA's form.

Sources & Official References

Other rules in Maui County

All Maui County rules

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