Maui County, HI Home Business: Home Daycare (2026)
Key Facts
- Lots under 7,500 sq ft
- up to 6 children
- Lots 7,500 to under 10,000 sq ft
- up to 8 children
- Lots 10,000 sq ft or more
- up to 12 children
- Within limits
- Permitted use, no permit needed
- Above limits
- Special use permit, §19.08.030(B)
Summary
Maui County treats home-based child care as a permitted use in every residential district, with the maximum number of children tied to lot size under Maui County Code Section 19.08.020(H): six children on lots under 7,500 square feet, eight on lots of 7,500 up to 10,000 square feet, and twelve on lots of 10,000 square feet or more.
Day care nurseries, kindergartens, nursery schools, child care homes, day care homes, day care centers, nurseries, preschool kindergartens, babysitting services, and other like facilities located in private homes used for child care services. These facilities may serve six or fewer children at any one time on lot sizes of less than 7,500 square feet, eight or fewer children at any one time on lot sizes of 7,500 or more but less than 10,000 square feet, or twelve or fewer children at any one time on lot sizes of 10,000 or more square feet, or as otherwise required under chapter 46, Hawaiʻi Revised Statutes.
Full Breakdown
020(H) covers day care nurseries, kindergartens, nursery schools, child care homes, day care homes, day care centers, preschool kindergartens, babysitting services and similar facilities operated out of private homes. As long as a home stays within the tiered child count for its lot size, no special zoning approval is needed beyond the ordinary building and business licensing steps. The ordinance is written to work alongside state law, applying 'or as otherwise required under chapter 46, Hawaiʻi Revised Statutes,' meaning a provider must also satisfy whatever state child-care licensing standards apply on top of the county's lot-size caps.
020(H),' which the Planning Commission reviews case by case. This structure means small in-home operations can open by-right, while larger, more traffic-generating child care businesses go through the same discretionary review as other special uses in a residential zone, such as churches or nursing homes.
Violations & Fines
Operating a home daycare above the Section 19.08.020(H) child count without a special use permit is a Title 19 zoning violation. Enforcement runs through Section 19.530: the planning director can issue a notice of violation and order requiring correction, with a civil fine up to $1,000 plus up to $1,000 per day the violation continues. Criminal prosecution under Section 19.530.020 adds a fine up to $1,000 and up to 48 hours imprisonment for a first offense, escalating for repeat violations within five years.
Frequently Asked Questions
How many children can I care for at my Maui home without a permit?
What if I want to care for more children than that?
Does the county limit override state child care licensing?
Sources & Official References
Other rules in Maui County
Compare Maui County to another location·View the Hawaii home business overview
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