Maui County, HI Right to Farm: Agricultural Zoning Protection (2026)

010 spells out the county's intent in creating it: putting the public on notice that land in the district is used for agriculture and that neighboring owners must accept the inconvenience, discomfort, and even possibility of injury that comes with normal farming, expressly naming noise, odors, dust, smoke, machinery operation including aircraft, and manure storage and disposal as accepted agricultural impacts. 040(G) makes it unlawful for any deed, lease, agreement of sale, mortgage, or other conveyance instrument to contain a covenant or clause that restricts, directly or indirectly, the operation of agricultural activities on agricultural district land, though the restriction does not reach covenants that predate the ordinance.

045, goes further and makes any private deed restriction limiting small-scale agriculture or animal-keeping in a rural district voidable, again exempting conveyances recorded before the section took effect. Together these sections function as the county's right-to-farm framework: they don't grant an unqualified defense against every neighbor complaint, but they establish, as a matter of zoning law, that ordinary agricultural operations and impacts are the expected baseline in the agricultural and rural districts and that private contracts cannot be used to override that baseline.