Permitting for Nonconforming Structures

Updates to Maui County Code under Ordinance 5780 now allow for the reconstruction of nonconforming structures — those legally constructed before the 2023 wildfires, but no longer compliant with current development standards (such as setbacks and building height requirements) — as long as specific conditions are met.

Effective March 24, 2025, Ordinance 5780 gives eligible property owners until April 1, 2029, to obtain a building permit, complete the reconstruction and secure final inspection approval for their nonconforming structures. This law applies to structures that were legally nonconforming before the disaster and are located within the area covered by the Governor’s or Mayor’s emergency proclamation.

A two-year extension may be granted for properties located in a historic district or Special Management Area, provided good cause is demonstrated.

To qualify for rebuilding under this ordinance, property owners must meet the following requirements:

• Provide evidence that the structure was legally nonconforming and existed before the wildfires. Approved building permits, real property tax assessor records prior to the requirement of building permits, approved variances and similar documentation, all of which will be reviewed, may be submitted as evidence.
• Ensure the repair or reconstruction does not increase the structure’s nonconformity.
• Complete all work in compliance with applicable building and safety codes (Title 16).
• Meet all deadlines, including final inspection approval by April 1, 2029.
• Comply with Shoreline Rules, if applicable.

For assistance or more information, residents may contact the Department of Planning at (808) 270-7735 or visit www.mauicounty.gov/planning.

About Permanent Housing

As you begin planning for the rebuilding of the permanent structure on your property, the following is important information you should know. Our County’s Office of Recovery is committed to continuously updating this information, ensuring you have access to the latest resources and support during this permitting and rebuilding phase.

Emergency Building Permits

The Development Services Administration has launched a streamlined process for building permits for emergency reconstruction in fire-affected areas. The Disaster Recovery Building Permit is for alterations, repairs, reconstruction, and new construction of structures.

Expedited Permitting Outside of Burn Area

Homeowners affected by the August 2023 Wildfires may request for expedited permitting for a property outside the burn area that they will occupy as their primary residence.

Tips for Plan Reviews

Reviewing the first 40 plans submitted for Maui Disaster Recovery Permits revealed that several comments occur frequently. Here are many of the most common comments and how to satisfactorily incorporate the required information into plans: