Hawaii ADU Laws & Rules (2026)

Compare ADU zoning rules across 1 Hawaii cities. Average ADU score: 7.0/10.

County-Led → Two ADUs by Dec 31, 2026Act 39 (2024)

Key Hawaii ADU Laws

Key Hawaii ADU Laws

  • Act 39, SLH 2024 (SB 3202): each county must adopt or amend ordinances allowing at least two ADUs, or the reasonable equivalent, on all residentially zoned lots — or, under the alternative in §46-(c)–(d), in designated districts adding capacity equal to half the county's five-year housing need
  • Deadline Dec 31, 2026: a county that has not acted may no longer deny a permit for up to two ADUs on a single-family lot on unit-count grounds, though it may still deny on infrastructure, design or development-standard grounds (§46-(g))
  • Long-term rentals protected: no county may prohibit separately leased long-term rental of any unit on a residentially zoned lot (§46-(h)); private covenants recorded after the Act may not limit ADU numbers or long-term rentals (new §205- section)
  • Exclusions: land outside the state urban district, special management areas, and areas a county maps as high risk of flooding, lava or fire (§46-(i)); 'residentially zoned lot' excludes rural and low-density districts (§46-(k))
  • Honolulu today: one ADU (plus an ohana unit for relatives) on lots in R-3.5 to R-20 and Country zoning under LUO §21-5.50-3, with the two-ADU ordinance still to be adopted; the 2026 Legislature passed no ADU bill

What changed recently in Hawaii

Gathered from the 1 city below, with the bill or ordinance each one names. Statewide measures are listed once with the cities they reached, rather than repeated for each.

City by city

What the rules actually look like across Hawaii

Statewide law sets a floor; the numbers that decide your project are local. Here is the spread across the 1 Hawaii city covered here, taken from each city's own ordinance rather than a state summary.

QuestionAcross Hawaii
Are ADUs permitted?1 of 1 permit them.
Detached size capMedian 500 sq ft, from 500 to 500 sq ft across the 1 cities publishing a numeric cap.
Owner-occupancyRequired in none of them.
Build cost$150,000 to $450,000 depending on city and unit type.

Recomputed whenever a city page changes, so this and the city pages below cannot disagree.

Hawaii Cities ADU Comparison

CityMax SizeSetbacksPermit FeesBuild Cost1BR RentScore
Honolulu 1,000 sq ft of floor area on zoning lots of 5,000 sq ft or more; 500 sq ft on lots up to 4,999 sq ft (ROH § 21-5.50-3(a)(1)(B), Ordinance 25-2, effective September 30, 2025). A legally built accessory structure that predates September 14, 2015 may be converted and exceed the cap by zoning adjustment if the director finds the floor area cannot practicably be reduced (§ 21-2.140-1(n)) 5 ft in R-3.5 through R-20 for a single-unit, two-unit or duplex dwelling and the ADU that shares its lot (Table 21-3.2); 8 ft in R-3.5 and 11 ft in R-5 to R-20 when the lot's floor area ratio exceeds 0.6 (§ 21-3.70-1(c)(3)(H)); 10 ft in the Country district (Table 21-3.1) $0 for the ADU's plan review and building permit: ROH § 18-6.5 waives both fees for the creation of an accessory dwelling unit, extended through June 30, 2030 by Ordinance 25-12 (no waiver if work started without a permit). For scale, ROH 18-6.2 would otherwise charge $700 plus $10 per $1,000 of value above $100,000 (about $2,200 on a $250,000 job) plus a 20 percent plan-review fee. Grading, grubbing and stockpiling permit fees processed with an ADU permit are waived too (§ 18A-2.4). A zoning adjustment, if needed, costs $200 initial review plus $400 processing (DPP, November 2025) $150,000-$450,000 $2,000-$2,800/mo 7/10

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