By Benjamin Finnerty (S), REALTOR® (RS-83812) with Keller Williams Realty Maui · Kīhei, Maui · 808-481-9748

Quick Answer: A home on agricultural land on Maui is a “farm dwelling,” a house used in connection with a farm, under Maui County Code Chapter 19.30A (rules effective January 6, 2019) and Hawaiʻi Revised Statutes Chapter 205. Owners must file a declaration before a building permit, farm use must continue, and violations can bring fines of $1,000 plus $1,000 a day.

I’m Benjamin Finnerty, a REALTOR® in Kīhei with Keller Williams Realty Maui, and I focus on helping buyers understand the zoning and regulatory side of Maui property. Many single-family listings in Upcountry, Haʻikū and other rural parts of Maui sit on agricultural-zoned land. These properties can offer more space and privacy, but “ag land” comes with obligations a typical residential lot doesn’t, and those obligations transfer to you when you buy.

What counts as a farm under Maui’s agricultural zoning?

A farm is a lot where more than 50% of the land is used for agriculture or agricultural land conservation, and where agriculture is the main activity. That is the definition in Maui’s agricultural district rules, updated effective January 6, 2019.

A farm dwelling is a single-family home “located on, and used in connection with, a farm.” In other words, on ag land, the house is supposed to support the farm, not the other way around.

What is the Maui farm dwelling declaration?

It is a signed statement the owner files with the Planning Department, and the county won’t approve a building permit for a farm dwelling until it is on file. Under the 2019 rules, Maui County replaced its old farm plan process with this simpler declaration. Key points from the county’s declaration form:

• Agriculture has to continue. The form states that agricultural and agricultural land conservation uses “shall be maintained on the property for structures to remain lawful.”
• It follows the property. If the property is sold, the declaration has to be disclosed to the buyer, and the new owner has to submit a new declaration.
• Penalties are real. Violations of Chapter 19.30A can bring an initial fine of $1,000 and daily fines of $1,000.

The county’s rules list the kinds of evidence that can show agricultural use, including written descriptions of the farming operation, photos, tax records showing commercial production, agricultural water rates and real property tax agricultural dedications.

How big can a farm dwelling be on Maui?

On a 2-acre agricultural lot on Maui or Lānaʻi, the main farm dwelling can be up to 7,212 square feet and a second farm dwelling up to 1,500 square feet. Those limits come from Bill 71, which the Maui County Council gave final approval in June 2024:

2-acre ag lot	Before Bill 71	After Bill 71
Main farm dwelling	7,712 sq ft	7,212 sq ft
Second farm dwelling	1,000 sq ft	1,500 sq ft

The change shifted 500 square feet from the main house to the second dwelling, giving owners more room for a usable second home. It did not apply to Molokaʻi. Limits on other lot sizes and other structures vary, so check the specific parcel with the Planning Department or a qualified professional.

What should I check before buying agricultural land on Maui?

Start with zoning, permits, current farm use and water. This is the checklist I use for any ag-zoned property:

1. Confirm the zoning and State Land Use district. County zoning and the state land use district are two different layers. Both matter.
2. Ask for the existing farm dwelling declaration and any permits for the house, ʻohana and accessory structures. Unpermitted structures are common on rural lots and can be expensive to fix.
3. Look at the current agricultural use. Is there an orchard, livestock, a nursery or a conservation use? Will you be able and willing to keep it going?
4. Understand the water situation. Some Upcountry properties are on the county’s water meter waitlist, while others rely on private wells, catchment or agricultural water systems. My guide to the Upcountry water meter waitlist explains how that list works.
5. Check the wastewater system. Many rural Maui homes are on cesspools, which Hawaiʻi law requires to be upgraded or converted by 2050. See my post on Hawaiʻi’s cesspool law and the new funding behind it.
6. Review the property tax picture. An agricultural dedication can lower property taxes, but it comes with commitments. Ask what’s in place and what happens if you change the use.
7. Don’t count on rental income without checking. Rules for rentals on ag land are complex. Verify what’s allowed for the specific parcel before you buy.

Is agricultural land on Maui the right property type for you?

It can be, if you want space, gardens, animals or a small farm and you’re comfortable with the ongoing responsibility. Many owners grow fruit trees, run small nurseries or keep livestock, a lifestyle that’s hard to find in Kīhei or Kahului.

It’s probably not the right fit if you mainly want a big house on a big lot with no interest in farming, or if your plan depends on uses the ag rules don’t allow. If you’re drawn to the rural side of the island, my post on Upcountry Maui covers Kula, Makawao and Pukalani.

My Take: What I’m Telling Ag Land Buyers

The most important thing to understand is that the farm dwelling declaration follows the property. As the buyer, you’ll submit a new one, and the agricultural use has to be maintained for the structures to remain lawful. Before you write an offer, I suggest deciding honestly whether you can and will keep a farm or conservation use going on that parcel.

Second, I treat permits and water as deal-level questions, not inspection-period details. An unpermitted ʻohana or studio, a shared water agreement, or a cesspool that will need conversion by 2050 can all change what a property is worth to you. I ask for the declaration, the permit history and the water source in writing as early as possible.

Third, if your plan includes a second dwelling, the Bill 71 limits of 7,212 and 1,500 square feet on a 2-acre lot are a starting point, not a promise for a specific parcel. Confirm with the Planning Department before you count on it.

This is general information, not legal or tax advice. Please confirm your situation with a Hawaiʻi land use attorney, a CPA or the Maui County Department of Planning.

Frequently Asked Questions

Can I build a house on agricultural land on Maui?

Yes, but it’s a farm dwelling, which has to be used in connection with a farm. You’ll need to file a farm dwelling declaration with the Planning Department before the county will approve a building permit.

Do I have to actually farm my Maui ag land?

The county’s definition of a farm requires that more than half of the lot be used for agriculture or agricultural land conservation, and the declaration says those uses have to be maintained for structures to remain lawful.

Can I have two homes on a Maui ag lot?

On a 2-acre agricultural lot on Maui, the rules allow a main farm dwelling of up to 7,212 square feet and a second farm dwelling of up to 1,500 square feet, following Bill 71 in 2024.

What happens to the farm dwelling declaration when I buy?

The seller has to disclose it to you, and as the new owner you have to submit a new declaration.

Ask Benjamin

Ag land is one of the most rewarding, and most misunderstood, property types on Maui. If you’re considering a rural property, I’d be glad to help you work through the zoning, permit and water questions before you make an offer. I’m Benjamin Finnerty, and you can call or text me at 808-481-9748 or email benjaminfinnerty@gmail.com anytime.

Sources: County of Maui Department of Planning, Chapter 19.30A rule amendments (effective Jan. 6, 2019) and Farm Dwelling and Agricultural Structures Declaration; Maui Now (May 16 and June 22, 2024) on Bill 71.