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Maui County, HI Fence Regulations: Fence Permit Requirements (2026)

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

Key Facts

Permit-free fence height
Up to 7 feet
Axis-deer fence exemption
Up to 10 feet
Governing section
MCC § 16.25.105(105.2)(14)
Retaining wall exemption
3 ft retainage, 7 ft total
Late-permit penalty
Fee doubled or +$500

Summary

Maui County lets homeowners build a fence or wall up to 7 feet high without a building permit. Deer-exclusion fencing gets a taller exemption, up to 10 feet, when it protects agricultural land, conservation areas, cultural sites or public roadways from axis deer. Anything taller needs a permit.

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.

105.1 Required. Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure ... shall first make application to the building official and obtain the required permit. ... 105.2 Work exempt from permit. ... Building permits will not be required for the following: ... 14. Fences and walls not over 7 feet (2133.6 mm) high when measured from the lowest grade to the top of the fence or wall; and fences, as defined in section 19.04.040, not over ten feet high when measured from the lowest grade to the top of the fence, and when used for the purpose of protecting agricultural operations, conservation areas, cultural sites, and public roadways from axis deer. The height of fences and walls must be measured separately from retaining walls when the fence or wall foundation is separate from the retaining wall structure.

Full Breakdown

2 lists specific work exempt from that requirement. Item 14 addresses fences and walls directly: a fence or wall not over 7 feet high, measured from the lowest grade to the top of the fence or wall, does not need a building permit. 040: a fence used to protect agricultural operations, conservation areas, cultural sites or public roadways from axis deer can rise to 10 feet without a permit. The ordinance also clarifies how the height is measured when a fence sits on top of a retaining wall, requiring the fence height and the retaining wall height to be measured separately when their foundations are separate structures, so a property owner cannot combine a permit-free fence with a permit-free retaining wall to reach a combined height that either provision alone would not allow.

A retaining wall itself is separately exempt under item 15 only when it retains 3 feet or less of fill and totals 7 feet or less. 1 before construction begins.

Violations & Fines

Building a fence or wall over the 7-foot (or 10-foot deer-fence) threshold without first obtaining a permit doubles the permit fee or adds $500, whichever is greater, under section 16.25.109.4. The building official may issue a stop-work order under section 16.25.114, and the general violation section, 16.25.113, treats each day the unpermitted structure remains as a separate offense subject to prosecution by county legal counsel.

Frequently Asked Questions

How tall can my fence be on Maui without a permit?
Up to 7 feet measured from the lowest grade to the top of the fence or wall. A taller fence, up to 10 feet, is permit-free only when it is built to protect agricultural land, conservation areas, cultural sites or public roads from axis deer.
Can I stack a fence on a retaining wall to avoid a permit?
No. Maui County Code section 16.25.105 requires the fence height and the retaining wall height to be measured separately whenever their foundations are separate structures, so combining them does not let you exceed either exemption.
What counts as an axis-deer fence under the taller exemption?
It must meet the fence definition in section 19.04.040 and be used to protect agricultural operations, conservation areas, cultural sites or public roadways from axis deer; ordinary residential privacy fences do not qualify for the 10-foot allowance.

Sources & Official References

Other rules in Maui County

All Maui County rules

Compare Maui County to another location·View the Hawaii fence regulations overview

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