Zoning
Why Zoning is Important ?
Zoning is a critical factor to consider when purchasing property in Maui County, as it directly impacts what you can build, how you can use the land, and even the financial implications of your investment. Understanding zoning regulations ensures that your plans for the property align with local laws and helps you avoid costly mistakes or legal issues down the road. Here’s why zoning matters:
Determines What You Can Build
Zoning regulations dictate the type of structures you can build on a property. For example:
Residential Zoning (R-1, R-2, R-3): Allows for single-family homes and ohana(s)
Agricultural Zoning (Ag): Permits farming activities, agricultural structures, and a main farm dwelling and a cottage farm dwelling.
Commercial Zoning (B-1, B-2, B-3, BR): Allows for retail stores, offices, and other business uses.
Rural Zoning (R, RU-0.5, RU-1.0): Supports a mix of residential, agricultural, and limited commercial uses in low-density areas. Rural zoned land can potentially allow multiple main dwellings depending on lot size, setbacks, access, utilities, etc.
If you’re planning to build a home, start a farm, or open a business, you need to ensure the property’s zoning aligns with your goals. For instance, if your goal is to build a single-family home for short term vacation rental purposes, this goal is NOT likely to happen in Maui County.
Impacts Setbacks and Development Standards
Zoning laws also govern setbacks (the distance structures must be from property lines, roads, and other features) and other development standards. These rules ensure that buildings are safely spaced apart, protect natural resources, and maintain the character of the area. For example:
In Rural Zoning, setbacks are typically larger to preserve open spaces (25 ft+)
In Residential Zoning, setbacks vary depending on the density of the area. Typically side and back setbacks are 6 ft for single level buildings and 10 ft for two level buildings.
Understanding these requirements is essential for designing your project and avoiding costly revisions or delay the permit approval process.
Affects Property Use and Rental Rights
Zoning determines how you can use the property, including whether you can operate a business, lease out to long term tenants (6+ months), or use it for short-term vacation rental. Recently, Mayor Bisson announced a new bill to convert “Apartment Zoned” vacation rental condos from short term rental use to long-term rental use. Vacation rental condos in the “Hotel” zone are not part of this new bill.
Influences Tax Implications
Zoning can also affect your property taxes. For example:
Owner-Occupied Residential Properties: Often qualify for lower tax rates under the homeowner exemption.
Short-Term Vacation Rentals: Are subject to higher tax rates. You may be able to get an owner occupied tax emption but the “non-owner occupied” tax classification is NO longer an option for these types of properties. \
Agricultural Zoning: Properties used for farming may qualify for agricultural tax rates, which are typically lower than residential or commercial rates.
Understanding the tax implications of your property’s zoning can help you plan your finances and avoid unexpected costs.
Protects Your Investment
Zoning laws are designed to protect property values and ensure orderly development. By understanding the zoning of a property, you can:
Avoid purchasing land that doesn’t meet your needs.
Ensure your plans comply with local regulations.
Protect yourself from future changes in zoning laws that could affect your property’s use or value.
Helps You Plan for the Future
Zoning regulations can change over time, and understanding the current zoning of a property can help you anticipate future developments. For instance:
If you are buying a property for the ocean view, it is wise to know the zoning of the land that can potentially block your view.
You want to know what the neighboring properties can build and how they can they can use your land. For example, not all farms are organic and some people may be wary of pesticides. Monsanto Farm Article
If you’re purchasing a property for short-term rentals, you’ll need to stay informed about proposed changes to rental laws.
By researching the zoning and staying informed about local developments, you can make a more informed decision and protect your investment.
How to Find More Information
Maui County Code of Ordinances: Visit the Maui County Code of Ordinances and search for Title 19 – Zoning.
Maui County Planning Department: Check the Planning Department website for zoning maps and regulations.
How to determine zoning on county tax website: Maui Tax Records
*always verify zoning with the planning dept
