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Hawaii Statewide Rule

Hawaii Sets Statewide Wildfire Defensible Space Under Act 302

Some RestrictionsApplies statewide across Hawaii (2026)

Key Facts

Statute
HRS 132-O (Act 302, 2025)
Enforcing agency
Office of the State Fire Marshal
Penalty
Up to $2,500 or 30 days
Mapping
Statewide wildfire hazard zone map
Effective
July 1, 2025
Last verified: July 31, 2026

Summary

Hawaii's post-Lahaina fire law directs the State Fire Marshal to establish minimum defensible space requirements statewide and maintain a wildfire hazard map showing hazard zones. Counties enforce the rules and may levy civil penalties on noncompliant property owners.

132-O Minimum defensible space requirements; duties of the state fire marshal; enforcement powers of the counties; assistance to the counties. (a) With regard to minimum defensible space requirements, the state fire marshal: (1) Shall consult with the state fire council to establish minimum defensible space requirements; (2) Shall establish requirements that are consistent with and do not exceed the standards pertaining to defensible space in generally accepted evidence-based codes and standards;

Full Breakdown

Act 302 (2025), enacted after the 2023 Maui wildfires, added a new part to Hawaii Revised Statutes chapter 132 and placed the Office of the State Fire Marshal in the Department of Law Enforcement. Section 132-O directs the marshal, with the state fire council, to establish minimum defensible space requirements consistent with evidence-based codes and standards. Counties enforce those requirements and may impose a graduated civil penalty structure; county fire chiefs may adopt stricter local standards. The marshal also oversees a comprehensive statewide wildfire hazard map that displays wildfire hazard zones. The Act took effect July 1, 2025.

Violations & Penalties

Under HRS section 132-13, violating chapter 132 or any fire order brings a fine of no more than $2,500 or up to 30 days in jail, with each day a separate offense; counties may also assess civil penalties.

Frequently Asked Questions

Does Hawaii have a statewide defensible space law?
Yes. Act 302 (2025) added HRS section 132-O, directing the State Fire Marshal to establish minimum defensible space requirements statewide, which the counties enforce with civil penalties.
Who enforces defensible space rules in Hawaii?
County fire chiefs enforce the minimum requirements and may adopt stricter local standards. The State Fire Marshal enforces them on state lands and sets the graduated penalty framework.
What are the penalties for a fire-code violation?
HRS section 132-13 sets a fine of up to $2,500 or 30 days in jail per violation, with each day a separate offense. Counties may also assess civil penalties.

Sources

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