Maui County, HI Fence Regulations: Fence Permit Requirements (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.
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?
Can I stack a fence on a retaining wall to avoid a permit?
What counts as an axis-deer fence under the taller exemption?
Sources & Official References
Other rules in Maui County
Compare Maui County to another location·View the Hawaii fence regulations overview
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