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Maui County, HI Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

Key Facts

Permit issuer
Dept. of Public Works and Waste Management
Police notice required
8 hours before work starts
Permit issuance timeline
Within 7 calendar days
Fee for starting without a permit
Doubled or +$200, whichever greater
Backfill lump size limit
No larger than 4 inches
Performance bond
50% of backfill cost, held 1 year
Max conviction fine
$250 per § 12.04.100

Summary

Maui County requires a written permit from the Department of Public Works and Waste Management before anyone digs up, disturbs, or undermines a county street, sidewalk, alley, or other right-of-way. The police must also get eight hours' notice, and emergency sewer or water main repairs are the only work exempt from applying first.

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

No person, including any officer or employee of the County or any independent board or commission thereof, partnership, firm, or corporation shall, in any manner or for any purpose, break up, dig up, disturb, undermine, or dig under, or cause to be broken up, dug up, disturbed, undermined, or dug under, any County public highway, street, thoroughfare, alley, or sidewalk or any other public place under the supervision or control of the County, or any portion of such public highway, street, thoroughfare, alley, sidewalk, or other public place, without having first obtained a written permit therefor from the department of public works and waste management of the County and unless the chief of police of the County or a duly authorized representative shall have been notified of such work not less than eight hours prior to the commencement of the same ... The director of public works and waste management ... shall require an insurance certificate naming the County as an additional insured.

Full Breakdown

020 makes it unlawful to break up, dig up, disturb, undermine, or dig under any county highway, street, thoroughfare, alley, or sidewalk without a written permit from the Department of Public Works and Waste Management, and without notifying the police chief at least eight hours before work starts. Emergency repairs to sewer lines or water mains can proceed without advance notice or a permit, but the person doing the work must apply for a permit as soon as practicable afterward. To get a permit, an applicant files on a form the director prescribes, submits a plan showing the location and dimensions of each proposed excavation, and details how trenches will be backfilled and pavement restored.

The director may require a bond protecting the county against damage claims and must require an insurance certificate naming the county as an additional insured, with coverage amounts set by the director. The director issues the permit within seven calendar days once the application is found compliant. 025 sets a fee in the annual budget ordinance; no fee applies to county capital improvement projects, and an applicant can get a 50 percent refund in writing if no work was ever started under an unexpired permit.

040 requires backfill soil to be as free of adobe as possible with no lumps larger than four inches, and the permit holder must clean the site, restore paving and striping, and provide barriers, lights, or watchmen for public safety. 090 lets the director require a performance bond equal to 50 percent of the estimated backfill cost, held for one year after completion to cover settlement or defects.

Violations & Fines

Starting excavation work before obtaining the required permit doubles the permit fee or adds a $200 civil fine, whichever is greater, under § 12.04.025(B), and does not excuse the person from also complying fully with the chapter's other requirements or from other civil fines under § 19.530.030. Separately, § 12.04.100 makes any violation of the chapter punishable, upon conviction, by a fine of up to $250. Permit holders remain liable for all damages arising from their work and must indemnify the county under § 12.04.080.

Frequently Asked Questions

Do I need a permit to dig up a Maui County street or sidewalk?
Yes. Section 12.04.020 makes it unlawful to break up, dig up, disturb, or undermine any county highway, street, alley, or sidewalk without first getting a written permit from the Department of Public Works and Waste Management, plus eight hours' advance notice to the police chief.
What happens if I start digging before getting a permit?
The permit fee is doubled or increased by $200, whichever is greater, as a civil fine under § 12.04.025(B), and you must still fully comply with all requirements of the permit chapter and may face additional civil fines.
How long does the county take to issue an excavation permit?
The director must issue the permit within seven calendar days after determining the application complies with chapter 12.04, per § 12.04.020(E).
Can emergency utility repairs skip the permit process?
Yes, emergency repairs to sewer lines or water mains can be made without a prior permit or the eight-hour police notice, but the person doing the repair must apply for a written permit as soon as practicable afterward.

Sources & Official References

Other rules in Maui County

All Maui County rules

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