Maui County, HI Fence Regulations: Retaining Walls (2026)
Key Facts
- Governing section
- Maui County Code § 16.25.105 (105.2)(15)
- No-permit limit
- 3 ft retainage, 7 ft total height
- Permit trigger
- Slope steeper than 3H:1V
- Permit trigger
- Stacked wall within 2x retained height
- WRA yard cap
- 6 ft fill height (§19.39.090(C))
- Max civil fine
- $1,000 per day (§19.530.030)
Summary
Maui County's building code exempts small retaining walls from a building permit, but only within limits. Under § 16.25.105, section 105.2, item 15, a wall needs no permit if it holds back no more than 3 feet of fill and stands no taller than 7 feet total. Anything taller, any wall bracing a slope steeper than 3-to-1, or walls stacked within twice the retained height of another wall must get a permit.
105.2 Work exempt from permit. Exemptions from permit requirements of this code will not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Building permits will not be required for the following: ... 15. Retaining walls which do not have more than 3 feet of retainage between the finish grade on each side of the wall and not greater than 7 feet in total height measured from the lowest grade to the top of the wall, unless supporting a slope steeper than 3 (horizontal) to 1 (vertical) or another retaining wall within a distance of twice the height of retainage.
Full Breakdown
105 carries that code's permit rules forward as county law. 1 requires anyone who builds, enlarges, or alters a structure to first obtain a building permit from the building official. 2 then lists the narrow set of projects the county lets through without one, and item 15 is the retaining-wall exemption: no permit is needed for a retaining wall with no more than 3 feet of retainage between the finish grade on each side and a total height, measured from the lowest grade to the top, of 7 feet or less.
That exemption disappears the moment the wall supports a slope steeper than 3 horizontal to 1 vertical, or sits within a distance of twice its own retained height from another retaining wall, both conditions the code treats as needing engineering review before construction. Item 14, immediately before it, sets a separate no-permit height for ordinary fences and walls at 7 feet, with a 10-foot allowance for fencing used to keep axis deer off agricultural land, conservation areas, cultural sites, and public roadways, and requires fence height to be measured apart from any retaining wall beneath it.
090(C) caps retaining walls holding fill within a required yard at 6 feet from existing grade, though the director of public works can approve extra height there on a finding that it is necessary to retain earth or water for health and safety.
Violations & Fines
Building without the required permit is enforced under Maui County Code § 19.530.030, which covers title 16 building-code violations along with titles 18, 19, and 20. The building official can issue a notice of violation and order to correct the work or cease construction, backed by a civil fine of up to $1,000 plus up to $1,000 for each day the violation continues. The order stands unless the property owner appeals to the Board of Variances and Appeals within thirty days.
Frequently Asked Questions
Does every retaining wall in Maui County need a building permit?
What makes a small retaining wall need a permit anyway?
Is there a separate height limit in the Wailuku Redevelopment Area?
Sources & Official References
Other rules in Maui County
Compare Maui County to another location·View the Hawaii fence regulations overview
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