Phase 1 — Before You Design
Threshold questions. If you don't have clear answers to all of them, the rest of the checklist won't matter.
1 — Verify Zoning & Land Use Classification
REQConfirm the parcel is classified Agricultural by both the State Land Use Commission (HRS Chapter 205) and Maui County zoning (MCC 19.30A)
REQPull your Tax Map Key (TMK) number — you'll need it for every filing
CONDCheck whether the parcel is in a Special Management Area (SMA) — if so, the SMA permit process also applies
See the SMA Permit Checklist for the full SMA process.
CONDCheck whether the parcel is in a flood zone — floodplain standards apply regardless of any ag exemptions ↓ Flood Hazard Cert.
2 — Understand What's Allowed on Your Parcel
Two-Layer Framework
REQConfirm proposed use is permitted under State law (HRS §205-4.5) — defines permissible uses statewide; if a use isn't listed here, it's prohibited regardless of county code
REQConfirm proposed use complies with County code (MCC 19.30A) — adds Maui-specific dimensional standards, dwelling limits, and permit procedures on top of state rules
Key Dimensional Limits (MCC 19.30A)
Review key limits for your parcel:
| Standard | Requirement |
|---|---|
| Minimum lot size | 2 acres |
| Minimum lot width | 200 feet |
| Front setback | 25 feet |
| Side / rear setback | 15 feet |
| Max farm dwellings per lot | 2 (one limited to 1,500 sq ft developable area) |
| Max developable area (dwellings) | 10% of lot |
| Max dwelling height | 30 feet (40 ft for roof vents / solar) |
| Non-residential ag structures | No absolute cap; +1 ft setback per ft above 35 ft |
| Walls within yard setback | 4 feet maximum |
| General fences | 7 feet (no permit required) |
FLAGGEDStructure naming / justification planned — how you label a structure determines whether it passes review
A note on naming: A "gazebo" or "pavilion" is recreational and will be denied. The same physical structure labeled "ag equipment storage" or "produce preparation building" is agricultural and can be approved. Plan the justification narrative before you design the building.
Phase 2 — Before You File
These items need to be in place or underway before your permit application goes in.
3 — Farm Labor Dwelling: The Two-of-Three Test
If building a farm dwelling
Farm labor dwellings (one per 5 acres) require the owner to meet at least two of three criteria:
CONDAg income: $35,000+ gross agricultural sales per year for two consecutive years, documented via State general excise tax forms and federal Form 1040 Schedule F
CONDAg water rates: Certification from the Department of Water Supply that agricultural water rates are being paid
CONDFarm plan: An approved farm plan demonstrating the feasibility of commercial agricultural production (see Section 4 below)
Determined which two criteria apply to this project
The farm plan is just one path. You need two of the three criteria — not all three. If you already have documented ag income and are paying ag water rates, you may not need a farm plan at all. Conversely, a farm plan alone is not enough — you'll still need one of the other two.
4 — Complete Farm Plan Guide
If farm plan is one of your two criteria
What to Include
REQProperty map showing areas designated for agricultural use (does not need to be to scale)
REQWritten description of crops, plants, and/or animals to be cultivated — covering at least 51% of the parcel for agriculture or agricultural land conservation
REQLabeled photographs of the property illustrating current agricultural uses, combined into a single PDF
REQRealistic economic feasibility assessment appropriate for the parcel size
REQDescription of specific agricultural activities (e.g., fruit orchards, vegetable farming, animal husbandry, nursery operations, aquaculture)
How to Submit
REQEmail the farm plan in PDF format to currentdivision@mauicounty.gov
No paper applications accepted since March 2022. All supporting documents should be attached to a single email. A MAPPS portal account is required for fee payments.
Farm plan reviewed and approved by the Planning Director
Expect 30 to 90+ days for review and approval. Incomplete applications may be returned. Contact: Maui County Planning Department, (808) 270-7735. The official form is titled "Farm Plan Review" on the Planning Department website.
5 — Septic / Individual Wastewater System (IWS)
Required for virtually all ag-land projects
Sizing
REQDetermine IWS tank capacity based on bedroom count:
| Bedrooms | Minimum tank capacity |
|---|---|
| 1–4 bedrooms | 1,000 gallons |
| 5 bedrooms | 1,500 gallons |
| 6+ bedrooms | Requires wastewater treatment plant |
The 5-bedroom cliff: At 6+ bedrooms, you jump from a septic tank to a full wastewater treatment plant — $50,000–$100,000 and a fundamentally different permitting process. If the property is large enough, an alternative is to install two separate IWS systems: one for the dwelling (sized to 5 bedrooms or fewer) and a second for ag buildings with water needs. This keeps each system under the threshold and avoids triggering the treatment-plant requirement. It requires two DOH approvals, but is often simpler and less expensive than a single treatment plant.
DOH Approval Process
REQHire a licensed Hawaiʻi civil engineer to design the system
REQEngineer performs percolation test and designs per HAR Chapter 11-62
REQEngineer submits plans to DOH Wastewater Branch for review (~10 days)
REQDOH approval received — attach IWS plans to each set of permit construction plans
Timing matters: DOH approval expires in one year without a concurrent active building permit. Time the septic design to align with your permit application — don't submit too early.
Setback Requirements
IWS setbacks verified on site plan per HAR 11-62:
Treatment units: 25 ft from property lines, 10 ft from buildings · Disposal field: 5 ft from property lines, 5 ft from buildings · 100 ft from streams, wetlands, or ocean · 1,000 ft from drinking water wells
Ag Buildings with Plumbing
FLAGGEDIf your ag building includes plumbing (worker bathrooms, produce wash sinks, hose bibs): ZAED justification letter prepared explaining how each fixture relates to the agricultural operation
Wastewater from those fixtures counts toward your IWS design flow, which affects septic system sizing and may affect your dual-system strategy.
Phase 3 — What to File
The path depends on what you're building.
6 — Ag Buildings (Non-Dwelling): HRS 46-88 Exemption
Qualifying Criteria
REQBuilding is not used as a dwelling or lodging
REQMaximum 1,000 sq ft per individual structure
REQMaximum 5,000 sq ft aggregate on lots of 2 acres or less (8,000 sq ft for lots 2–5 acres)
REQMinimum 15 ft horizontal separation between exempt buildings
REQProperty is 2+ contiguous acres used primarily for agriculture
Filing
REQDeclaration of Compliance filed — specifying size, type, and location of the proposed structure ↓ Form
REQCounty verifies floodplain and SMA compliance before work can begin
After Construction
REQAs-built notification submitted to fire department and building department within 30 days of completion
CONDHold Harmless Agreement and Certificate of Exemption filed (per MCC 16.26B.108.4)
Understand what the exemption does not cover:
Electrical and plumbing still require separate county permits, even for exempt structures. The HRS 46-88 exemption covers the building shell only. Gazebos, recreational structures, and covered patios do not qualify.
7 — Farm Dwellings: Standard Building Permit
REQFarm Dwelling and Agricultural Structures Declaration form filed with the permit application ↓ Form
REQIWS plans attached to each set of construction plans
REQStandard building permit application submitted via MAPPS portal
XREFFor the full building permit process, see the Building Permit Checklist
Phase 4 — After the Permit
Construction, occupancy, and ongoing requirements.
8 — During Construction
REQIWS installed by a contractor with A, C-9, C-37, C-37a, or C-43 license
REQDesigning engineer inspects and certifies the IWS installation
REQAll electrical and plumbing work permitted and inspected separately
XREFStandard building inspections per the Building Permit Checklist
9 — Before Occupancy
REQDOH issues written "Approval to Use" for the IWS — the system cannot be used until this letter is received
REQCertificate of Occupancy or final inspection sign-off from the county
CONDIf applicable: Hold Harmless Agreement recorded with the Bureau of Conveyances
10 — Ongoing Requirements
REQIWS inspection every 3 years
REQSeptic tank pumping every 5–7 years (or as needed)
CONDIf agricultural use changes, notify the Planning Department within 30 days
Common Pitfalls
Issues that trip people up — read before you start.
11 — Things That Catch People Off Guard
FLAGGEDNo farming = no dwelling. Owning ag-zoned land does not automatically entitle you to build a farm dwelling. The dwelling must be occupied by someone actively farming the property. The county requires proof of agricultural activity.
The 10% cap applies only to dwellings. The 10% developable-area limit under MCC 19.30A covers farm dwellings only. Agricultural support structures (barns, storage, greenhouses, stables) are exempt from this cap.
Private deed restrictions may not apply. HRS §205-4.6 voids private deed restrictions recorded after 2003 that attempt to prohibit permitted agricultural uses. If an HOA or CC&R tries to block a legitimate ag use, state law overrides it.
FLAGGEDCesspools are prohibited statewide. Hawaiʻi Act 125 (2017) bans new cesspools and requires existing ones to be converted by 2050. Any renovation touching the wastewater system must upgrade to a septic tank or aerobic treatment unit.
FLAGGEDPercolation testing affects site layout. The septic absorption field size depends on soil drainage, typically 75–100 sq ft per bedroom. Poor-draining soils (common in some Maui upcountry areas) can significantly increase the required field, which constrains where you can build. Test early.
The farm plan is for building permits only. An approved farm plan does not automatically establish agricultural-use status for property tax purposes. That requires a separate notification to the Real Property Tax Division, with its own site inspection.