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

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

Key Facts

Not-a-structure ceiling
6 ft or less, no yard setback needed
Over 6 ft
Becomes accessory structure, needs setback
Access rule
Must allow complete access around building
First-offense fine
Up to $500, HCC § 25-2-31

Summary

A fence up to six feet on the Big Island isn't legally a 'structure' at all, so Hawai'i County Code section 25-4-43(a) lets you build one right up to your property line with no yard setback and no site-development review. Cross six feet and the fence becomes an accessory structure subject to the yard and building requirements that apply to any other structure.

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

(a) A perimeter boundary fence, wall or similar feature, six feet or less in height shall not be considered a structure and shall be permitted without any front, side or rear yard requirements. In addition, a fence which is constructed of strand material, such as barbed wire, hog wire, or chain link, which allows "see-through" visibility is permitted to a height of eight feet without any front, side, or rear yard requirements. ... (c) Any accessory structure, including any fence, or wall over six feet in height, architectural feature or water tank, which is not connected to a building, may not extend into any required front, side or rear yard, but may be located next to any building without any open space requirement.

Full Breakdown

Section 25-4-43(a) of the zoning code draws the line for when a perimeter fence needs to clear the same setback and permitting hurdles as a building: a perimeter boundary fence, wall, or similar feature six feet or less in height 'shall not be considered a structure' and can be built without meeting any front, side, or rear yard requirement, meaning it can run directly on the property line. A see-through fence built of strand material such as barbed wire, hog wire, or chain link gets an even taller allowance, up to eight feet, still without triggering any yard requirement, because open-mesh fencing does not block sightlines or airflow the way a solid wall does.

Once a fence or wall exceeds six feet, subsection (c) reclassifies it: it becomes an 'accessory structure' that may not extend into any required front, side, or rear yard, though it can be sited next to a building without an open-space requirement. Because the building code treats accessory structures as structures for permitting purposes, a fence over six feet triggers the building division review that a shorter fence skips entirely; a homeowner planning a tall privacy wall, a pool-enclosure fence, or a security wall over six feet needs to check yard compliance and building permit requirements before construction, not after.

Subsection (b) adds a separate access rule that applies at any height: no fence, wall, architectural feature, or obstruction may be placed, or built without gates or openings, in a way that blocks complete access around a main building at all times, which affects fire department and utility access as much as it does permitting.

Violations & Fines

Building a fence over six feet without meeting the yard setback in section 25-4-43(c), or building any fence that blocks complete access around a main building under subsection (b), is a zoning violation under Hawai'i County Code section 25-2-30, prosecuted under section 25-2-31 for a fine up to $500 on a first offense and $500 to $1,000 for a repeat conviction within five years, with each day of a continuing violation counted separately. The planning director can also issue a correction order requiring the fence be moved or lowered.

Frequently Asked Questions

Do I need a building permit for a six-foot fence on the Big Island?
No. Hawai'i County Code section 25-4-43(a) says a perimeter fence six feet or less isn't considered a structure at all, so it can go right up to the property line without meeting any yard setback or the building-permit review that applies to structures.
What happens if I want to build a fence taller than six feet?
Once a fence exceeds six feet, subsection (c) treats it as an accessory structure that can't extend into any required front, side, or rear yard, and the building division's ordinary structure-permitting rules apply, unlike the exemption for shorter fences.
Can my privacy fence block the path around my house?
No. Subsection (b) requires every fence, at any height, to leave complete access around the main building at all times, through gates or openings if necessary, so a solid enclosure with no way around it violates the code regardless of height.

Sources & Official References

Other rules in Hawaii County

All Hawaii County rules

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