Maui County, HI Zoning Overlays & Bonuses: Density Bonus Law (2026)
Key Facts
- Governing section
- Maui County Code § 19.56.040
- Trigger
- Open-space ratio (OSR) greater than 0%
- A-2 apartment cap
- 120% F.A.R., 6 stories
- B-2 business cap
- 220% F.A.R., 8 stories
- Extra bonus
- +10% F.A.R. for concealed parking (§19.56.050)
- Applies to
- Coastal apartment/hotel/business districts
Summary
Maui County's Open Space Incentive System lets apartment, hotel, and business buildings along the coast between the ocean and coastal highways earn extra floor area and building height in exchange for open space beyond the minimum required yards. Under § 19.56.040, bonus caps top out at 120 percent floor-area ratio and 6 stories for A-2 apartment districts, and 220 percent F.A.R. and 8 stories for B-2 business districts.
A.Bonuses in the form of additional floor area and increased building story heights shall be allowed for those buildings which have an open-space ratio (OSR) greater than 0 percent, indicating that open space greater than the minimum required yard setbacks has been provided. ... A-1 apartment district: 60 percent F.A.R. 3 stories A-2 apartment district: 120 percent F.A.R. 6 stories ... B-2 business district: 220 percent F.A.R. 8 stories.
Full Breakdown
56, the Open Space Incentive System, is Maui County's density-bonus tool for coastal apartment, hotel, and business districts. 020 limits the chapter to properties in those zoning districts that lie between the ocean and the coastal highways, while carving out areas close to parks, residential districts, or historic districts, and excluding the B-3 central business district and all historic districts outright. 040(A) ties the bonus to a building's open-space ratio (OSR): any building with an OSR greater than 0 percent, meaning it provides open space beyond the minimum required yard setbacks, qualifies for additional floor area and increased building story heights.
and 8 stories. 050 allows an additional 10 percent floor-area ratio, prorated by the share of stalls concealed, when required parking is placed underground or inside the main building, provided the parking surface is hidden from public view and any exposed rooftop above it is landscaped and mostly covered in non-reflective material.
Violations & Fines
Development that exceeds the open-space bonus limits in § 19.56.040(B) without qualifying for them, or misrepresents its open-space ratio to the Planning Director, is subject to enforcement under Maui County Code § 19.530.030. The Planning Director can order the excess floor area or height corrected, backed by a civil fine of up to $1,000 plus up to $1,000 for each day the violation continues, appealable to the Board of Variances and Appeals within thirty days.
Frequently Asked Questions
How does Maui County's density bonus for open space work?
What is the maximum bonus a building can get?
Is there a separate bonus for underground parking?
Sources & Official References
Other rules in Maui County
Compare Maui County to another location·View the Hawaii zoning overlays & bonuses overview
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