Planner’s Guide to Drafting Citizen-friendly Ordinances

By Keone Hurdle, Legislative Analyst, County of Maui

Drafting clear, plain-language ordinances builds public trust. This practice not only makes laws easier to read but also improves enforceability and reduces disputes.

The County of Maui’s Office of Council Services adopted the Drafting Guide for County of Maui Legislation (2nd ed., Dec. 2024) to ensure ordinances are clear, consistent, and accessible (County of Maui, Office of Council Services, 2024, p. 2).

An audit of Maui County Code’s Title 19 found complexities and internal conflicts in the County’s zoning ordinances and led the auditors to provide guidance for a rewrite (Orion Planning + Design, 2018, p. 4). The audit’s Appendix IV Practical Advice for Code Writing offers practical strategies for effective ordinance writing (Orion Planning + Design, 2018, p. 53).

Below are key techniques from both documents that drafters can use to improve readability, enforceability, and transparency.

Say “must,” not “shall”: Both documents stress using must instead of shall for obligations (County of Maui, Office of Council Services, 2024, p. 3; Orion Planning + Design, 2018, p. 54). Courts often interpret shall in inconsistent ways, while must is clear in its intent to create a requirement.

• Before: “The applicant shall submit all required forms prior to issuance of a permit.”
• After: “The applicant must submit all required forms before the County issues a permit.”

Write in active voice: Active voice clarifies who must act and improves enforceability (Orion Planning + Design, 2018, p. 54).

• Before: “A report shall be prepared before project approval.”
• After: “The Planning Department must prepare a report before approving the project.”

Structure requirements with simplicity and clarity

Short sentences and numbered lists reduce confusion.

• Before: “No person shall commence, erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building or structure without first applying for and obtaining the necessary building permit from the Department of Public Works, which permit shall be issued in accordance with applicable County and State laws.”
• After: “You must obtain a building permit from the Department of Public Works before you: 1. Start construction or enlargement, 2. Alter, repair, or move a building, 3. Change a building’s use or occupancy.”

Choose precise words and phrasing: Use well-known, short terms, and avoid formal or outdated constructs:

• Say if instead of in the event that.
• Use and or or instead of and/or.
• Use land or property instead of premises.

Avoid double negatives, redundant phrases, and inconsistent use of defined terms (Orion Planning + Design, 2018, p. 54).

Be judicious in definition usage: Limit definitions to technical concepts. Consolidate them in a separate section, be consistent in their usage, and avoid unnecessary entries (Orion Planning + Design, 2018, pp. 36, 63).

Conclusion: Plain-language drafting strengthens ordinances by making them understandable. Some tools to improve both readability and enforceability are: choosing must over shall, writing in active voice, simplifying sentences, using precise words, and being judicious in the use of definitions. The result is stronger governance, fewer disputes, and a public confident in navigating the laws that are enacted on their behalf.

References

County of Maui, Office of Council Services. (2024, December 9). Drafting Guide for County of Maui Legislation (Second Edition).

Orion Planning + Design. (2018, March). Title 19 Zoning Code Audit: Final Report. Maui County, Hawaii.