MCC §20.08.035
Minimum Best Management Practices (BMPs)
Read the official text at library.municode.com ↗This section requires anyone doing grading, grubbing, or stockpiling to use best management practices (BMPs) to prevent erosion and sediment damage, even without a permit. It lists required practices for drainage, dust, vegetation, erosion, sediment, and waste, and bans certain soil and sand activities in shoreline areas.
contractorslandowners
The ordinance, as written (Maui County) — Minimum BMPs
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.
Regardless of whether a permit is required pursuant to this chapter, all grading,
grubbing and stockpiling activities shall provide BMPs to the maximum extent practicable
to prevent damage by sedimentation to streams, watercourses, natural areas and the
property of others. It shall be the permittee's and the property owner's responsibility
to ensure that the BMPs are satisfactorily implemented.
A.
Drainage. On-site drainage shall be handled in such a way to as to control erosion,
prevent damage to downstream properties and to return waters to the natural drainage
course in a manner which minimizes sedimentation or other pollution to the maximum
extent practicable.
B.
Dust control. All areas disturbed by construction activities shall control dust emissions
to the maximum extent practicable through the application of BMPs, that may include
watering with trucks or sprinklers, erection of dust fences, limiting the area of
disturbance, and timely grassing of finished areas.
C.
Vegetation. Whenever feasible, natural vegetation, especially grasses, should be retained.
If it is necessary to be removed, trees, timber, plants, shrubbery and other woody
vegetation, after being uprooted, displaced or dislodged from the ground by excavation,
clearing or grubbing, shall not be stored in or deposited along the banks of any stream,
river or natural watercourse. The director may require the removal and disposal of
such vegetation from the site within a reasonable time but not to exceed three months.
D.
Erosion controls. All disturbed areas shall be stabilized with erosion control measures
that may include: staging construction: clearing only areas essential for construction;
locating potential nonpoint pollutant sources away from steep slopes, water bodies,
and critical areas; routing construction traffic to avoid existing or newly planted
vegetation; protecting natural vegetation with fencing, tree armoring, and retaining
walls or tree wells; stockpiling topsoil, covering the stockpile to prevent dust,
and reapplying the topsoil; covering or stabilizing all soil stockpiles; using wind
erosion control; intercepting runoff above disturbed slopes and conveying it to a
permanent channel or storm drain; constructing benches, terraces, or ditches at regular
intervals to intercept runoff on long or steep disturbed or man-made slopes; providing
linings or other method to prevent erosion of storm water conveyance channels; using
check dams where needed to slow flow velocities; using seeding and fertilizing, mulching,
sodding, matting, blankets, bonded fiber matrices, or other effective soil erosion
control technique; and providing vehicle wheel wash facilities for vehicles before
they leave the site.
E.
Sediment control. In addition to the erosion control measures of this section, providing
practices to capture sediment that is transported in runoff to minimize the sediment
from leaving the site. Filtration and detention (gravitational settling) are the main
processes used to remove sediment from construction site runoff. Sediment control
measures include sediment basins; sediment traps; filter fabric silt fences; straw
bale, sand bag, or gravel bag barriers; inlet protection; stabilized construction
entrances, and other measures to minimize off site tracking of sediment by construction
vehicles; and vegetated filter strips.
F.
Material and waste management. Measures to insure the proper storage of toxic material
and prevent the discharge of pollutants associated with construction materials and
wastes shall be implemented.
G.
Timing of control measure implementation. Timing of control measure implementation
shall be in accordance with the approved erosion control plan if such plan is required.
At a minimum disturbed areas of construction sites that will not be redisturbed for
twenty-one days or more will be stabilized (grasses or graveled) by no later than
the fourteenth day after last disturbance.
H.
The use of soil as fill is prohibited within any shoreline area, as defined by chapter
205A-41, Hawaiʻi Revised Statutes, except for sand as defined in section 20.08.020 .
I.
Any grading of a coastal dune within the shoreline area or a frontal dune, is prohibited
except that sand may be imported and placed on the area of the coastal dune mauka
of the shoreline, with a grading permit required by section 20.08.040 for the purposes of rebuilding or enhancing the protective capacity and environmental
quality of the coastal dune.
J.
Upon prior approval of the director, sand that is blocking a drainage outlet may be
removed to the minimum depth necessary to allow for the passage of flood waters. Any
sand removed shall be placed on the adjacent shoreline.
(Ord. 3135 § 6, 2003: Ord. 2684 § 5, 1998)
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.