MCC §16.29.060
Building standards for flood-prone areas
Read the official text at library.municode.com ↗This section sets rules for building in flood zones. New buildings and major renovations must be anchored, use flood-resistant materials, and have utilities and lowest floors raised above flood levels. It also covers drainage, floodproofing, and special rules for coastal areas, manufactured homes, and recreational vehicles.
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The ordinance, as written (Maui County) — Standards for development
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.
A.
Standards of construction. In special flood hazard areas, the following standards
are required:
1.
Anchoring.
a.
New construction and substantial improvements must be adequately anchored to prevent
flotation, collapse, or lateral movement resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy.
2.
Construction materials and methods.
a.
New construction and substantial improvements must be constructed with materials and
utility equipment resistant to flood damage.
b.
New construction and substantial improvements must be constructed using methods and
practices that minimize flood damage.
c.
New construction and substantial improvements must be constructed with electrical,
heating, ventilation, plumbing, air conditioning, and other service facilities that
are designed or located at least one foot above the base flood elevation so as to
prevent the entry and accumulation of floodwater.
d.
New construction and substantial improvements within zones AH or AO must provide adequate
drainage paths around structures on slopes to guide floodwaters around and away from
proposed structures.
3.
Elevation and floodproofing.
a.
New construction and substantial improvements, except those in zone AO, must have
the lowest floor, including basement, elevated to at least one foot above the base
flood elevation. On completion of the structure, the elevation of the lowest floor,
including basement, must be certified by an engineer or surveyor. FEMA's "elevation
certificate" form, as amended, must be used for the certification and a copy provided
to the director.
b.
New construction and substantial improvements in zone AO must have the lowest floor,
including basement, elevated above the highest adjacent grade at least as high as
one foot above the depth number specified in feet on the FIRM, or at least three feet
if no depth number is specified. On completion of the structure, the elevation of
the lowest floor, including basement, must be certified by an engineer or surveyor.
FEMA's "elevation certificate" form, as amended, must be used for the certification
and a copy provided to the director.
c.
Nonresidential construction must either be elevated to conform with subparagraphs
a or b, or, together with attendant utility and sanitary facilities:
i.
Be floodproofed so that walls below the base flood level are substantially impermeable
to the passage of water.
ii.
Have structural components capable of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy.
iii.
Be certified by an engineer or architect, as satisfying the standards of this subparagraph.
FEMA's "floodproofing certificate" form, as amended, must be used for the certification
and a copy provided to the director.
d.
New construction and substantial improvements of fully enclosed areas below the lowest
floor that are used solely for vehicular parking, building access, or storage in an
area other than a basement that is subject to flooding, must be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for the entry and
exit of floodwater. Designs for meeting this requirement must be either certified
by an engineer or architect or meet or exceed one of the following minimum criteria:
i.
Provide a minimum of two openings, having a total net area of not less than one square
inch for every square foot of enclosed area subject to flooding, with the bottom of
all openings no higher than one foot above grade. Openings may be equipped with screens,
louvers, valves, or other coverings or devices if they permit the automatic entry
and exit of floodwater; or
ii.
Be certified by an engineer as complying with a County floodproofing standard approved
by the Federal Insurance Administration or FEMA.
e.
New construction and substantial improvements must be reasonably safe from flooding
in accordance with FEMA technical bulletin 10-01, as amended. Designs for meeting
this requirement must be certified by an engineer.
4.
Building height allowance. Building heights in the agricultural, rural, and residential
zoning districts may be increased by a height equal to the base flood, up to a maximum
of five feet above the maximum building height permitted by the zoning regulations
for the zoning district in which the building is located.
5.
An architect or engineer must certify that all new construction and substantial improvements
meet or exceed applicable standards for flood hazard reduction, including those regarding
anchoring, construction materials and methods, elevation and floodproofing, utilities,
subdivisions, and manufactured homes.
6.
Within zones A, AH, AO, and AE, except where there is a designated floodway or flooding
caused by coastal run up, no new construction, substantial improvement, or other development,
including fill, is permitted unless the cumulative effect of the proposed construction,
substantial improvement, or development when combined with all other existing and
anticipated construction, substantial improvement, and development, does not increase
the water surface elevation of the base flood at any point.
B.
Utilities.
1.
New and replacement water supply and sanitary sewage systems must be designed to minimize
or eliminate infiltration of floodwaters into these systems and discharge from these
systems into floodwaters.
2.
On-site waste disposal systems must be located to avoid impairment to, or contamination
from, these systems during flooding.
C.
Subdivisions and other developments.
1.
All subdivisions and other developments where special flood hazard areas have not
been defined, water surface elevations have not been provided, and when there is insufficient
data to identify the floodway or coastal high hazard areas, but there are verifiable
physical indications that hazards are present as determined by the director, must:
a.
Be consistent with the need to minimize flood damage.
b.
Have utilities, such as sewer, gas, electric, and water systems located and constructed
to minimize flood damage.
c.
Provide adequate drainage to reduce exposure to flood hazards.
d.
Provide documentation and a certification that the requirements of section 16.29.050 have been satisfied.
2.
All subdivision and other development applications must identify special flood hazard
areas and base flood elevations on the proposed site. If the information is not provided
by the FIRM and if the proposed development or subdivision consists of more than fifty
lots or more than five acres, the developer or subdivider must include base flood
elevation data within the proposal.
3.
Approved final subdivision plats for subdivisions within special flood hazard areas
or flood-prone areas must include the base flood elevations within the lots as provided
in subsection (C)(2).
D.
Manufactured homes. Manufactured homes that are placed or substantially improved within
special flood hazard areas that are not coastal high hazard areas must be elevated
on a permanent foundation so that the lowest floor of the manufactured home is elevated
to at least one foot above the base flood elevation and be securely anchored to an
adequately anchored foundation system to resist flotation, collapse, and lateral movement.
Manufactured homes that are placed or substantially improved within coastal high hazard
areas must meet the requirements of subsection G.
E.
Recreational vehicles. Recreational vehicles placed on sites within zones A, AH, AE,
AO, V, or VE, must either:
1.
Be on-site for fewer than thirty consecutive days;
2.
Be fully licensed and ready for highway use, if they are on wheels or a jacking system,
are attached to the site only by a quick disconnect type utilities and security device,
and have no permanently attached additions; or
3.
Meet the permit requirements of section 16.29.050 and the requirements for manufactured homes under subsection D.
F.
Floodways. No encroachments, including fill, new construction, substantial improvement,
or other new development will be allowed within floodways unless certification by
an engineer is provided to the director demonstrating that the encroachments will
not result in any increases in base flood levels.
G.
Coastal high hazard areas. Within coastal high hazard areas:
1.
New construction and substantial improvements must be elevated on adequately anchored
pilings or columns and securely anchored to the pilings or columns so that the lowest
horizontal portion of the structural members of the lowest floor, excluding the pilings
or columns, is elevated to at least one foot above the base flood level. The pile
or column foundation and the structure attached must be anchored to resist flotation,
collapse, and lateral movement due to the simultaneous action of wind and water loads
on all building components. Water loading values used for purposes of meeting this
requirement must be those associated with the base flood. Wind loading values used
must be those required by the International Building Code and the International Residential
Code, as amended.
2.
New construction and substantial improvements must be located on the landward side
of the reach of mean high tide.
3.
New construction and substantial improvements must have the space below the lowest
floor free of obstructions, or constructed with breakaway walls, open wood latticework,
or insect screening intended to collapse under wind and water loads without causing
collapse, displacement, or other structural damage to the elevated portion of the
building or supporting foundation system. This space must not be used for human habitation,
but will be used solely for vehicular parking, building access, or storage. Machinery
and equipment that service the building, such as furnaces, air conditioners, heat
pumps, water heaters, elevator lift equipment, electrical junction and circuit boxes
are prohibited in these spaces. A breakaway wall must have a safe design loading resistance
of not less than ten and no more than twenty pounds per square foot. Breakaway wall
collapse must be designed to result from a water load less than that which would occur
during a base flood and the elevated portion of the building must be designed so as
not to incur any structural damage from wind and water loads acting simultaneously
during a base flood.
4.
Fill must not be used for structural support of buildings.
5.
Man-made alteration of sand dunes must not increase potential flood damage.
6.
The director must be provided and will maintain the following records:
a.
Certification by an engineer or architect that the proposed structure complies with
paragraphs 1 through 5 in subsection G.
b.
Certification by an engineer or surveyor of the elevation, in relation to mean sea
level of the bottom of the lowest structural member of the lowest floor, excluding
pilings or columns of all new and substantially improved structures. FEMA's "elevation
certificate" form, as amended, will be used for the certification.
7.
Areas of a structure below the base flood elevation may be used for parking vehicles,
storage, or access to the building, but not for human habitation. For these areas
that are five feet or more in height as measured from any point within these areas,
the property owner must enter into a "non-conversion agreement for construction within
flood hazard areas" with the County. The agreement must be in a form acceptable to
the director and will be recorded with the bureau of conveyances or land court as
a deed restriction.
The director may, on prior notice of at least seventy-two hours, inspect any area
of a structure below the base flood elevation to ensure compliance.
H.
General floodplain. For areas within the general floodplain:
1.
The director may obtain, review, and reasonably utilize any base flood elevation and
floodway data available from a federal, state, or other source, including information
requested of a permit applicant to determine base flood elevations and the locations
of floodways within the general floodplain.
2.
Development or subdivision proposals must conform to the requirements of subsection
16.29.060 (C).
3.
An applicant for a special flood hazard area development permit within a general floodplain
area must submit the following information to the director:
a.
Project location and site plan showing dimensions.
b.
Relationship to floodway and floodway fringes as determined by flood elevation study.
c.
Contour map of appropriate scale and contours showing the topography of the existing
ground levels based on elevation reference marks on flood maps.
d.
Existing and proposed base flood elevations.
e.
Existing and proposed floodproofing and flood control measures. The director may waive
informational requirements if the director has sufficient information to make an evaluation
and determination regarding flood elevation, or may request further information, including
a detailed flood elevation study and a drainage report to evaluate flood risks and
determine the applicability of flood construction and development standards.
f.
If the information provided gives the director reason to believe that there may be
a significant impact on the floodplain, the director may require additional information.
4.
For new construction and substantial improvements in zone A, the director must, based
on base flood information and floodway data obtained through subsections H.1 and H.3,
require compliance with the standards for zones AE, AO, and AH, as applicable. For
new construction and substantial improvements in zone V, the director will require
compliance with the standards for zone VE, as applicable.
5.
New construction and substantial improvements within the general floodplain must conform
to sections 16.29.050 and 16.29.060 .
6.
All manufactured homes must be elevated and anchored to resist flotation, collapse,
or lateral movement.
( Ord. No. 5603 , § 3, 2024)
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.