MCC §12.52.020
Definitions for encroachments in public rights-of-way
Read the official text at library.municode.com ↗This section defines key terms used in the county rules about structures that sit in public rights-of-way. It explains what counts as a minor encroachment, what a public right-of-way is, and what a replacement overhead encroachment means. It also defines who the director is and what counts as a structure.
businesseshomeowners
The ordinance, as written (Maui County) — Definitions
A copy, taken August 21, 2026. The version published by Maui County is the one that governs, and it may have changed since. Check it before relying on anything here.
Whenever used in this chapter, unless the context otherwise requires:
"Director" means the director of public works and waste management or the authorized
representative.
"Minor encroachment" means the siting of a legally built structure partly or wholly
within a public right-of-way when the encroachment discovered and measured by a modern
survey is:
1.
For commercial property and multi-unit residential property, 0.25 feet or less; or
2.
For all other residential property, 0.5 feet or less.
"Public right-of-way" means the area between property boundary lines for use as a
street or as a drainage or utility easement that is owned or under the jurisdiction
of the County.
"Replacement overhead encroachment" means the siting of an awning, canopy, marquee,
sign, or other similar structure located partly or wholly over a public right-of-way
that replaces a legally constructed overhead structure that was damaged or destroyed
by an emergency or disaster.
"Structure" means material or a combination of materials to form a construction for
use, occupancy, or ornamentation whether installed on, above, or below the surface
of land.
( Ord. No. 5898 , § 2, 2025; Ord. 2823 § 1 (part), 2000)
Read the official text at library.municode.com ↗as published Nov 21, 2025our copy taken Aug 21, 2026
Published by the County of Maui through Municode.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.