Frequently Asked Questions - Short Term Vacation Rentals (STRs) and Bed and Breakfasts (B&B)

Should I buy a Vacation Rental Property in Maui County?

Read our Blog, Listing Your Property as A Vacation Rental? Here’s What You Need To Know, to get more information.

What is the difference between a transient or short-term vacation rental (TVR or STR) and a bed and breakfast (B&B)?

A B&B involves renting a room in the same house in which the owner or manager lives full-time. Ordinance 3611 A TVR or STR involves all other types of short-term, or less than 180 days, vacation rentals. This includes renting your ohana. 

How many legally operated vacation rentals are in Maui County?

An estimated 16,000-plus STRs may operate legally in the County.  Permitted STRs. Many of these rentals are multi-unit buildings, or there are several hundred single-family units. They operate legally because they are in an approved zoning district (hotel, business, historic, etc). 

Maui County has multiple districts of housing.  What is the difference between a hotel district, residential district, and agricultural district?

Hotel districts are intended for short-term rentals. Residential districts are intended to provide long-term housing for Maui County residents. Agricultural Districts are intended for farm uses.

How can individual homeowners be permitted to legally operate a vacation rental in Maui County?

Those that are not in approved zoning districts (hotel, business, historic, etc), must apply for and receive a “conditional permit” that is required to conduct a vacation rental business in a residential, rural, or agricultural zoned district. To check the status of your short-term rental or B&B application you can visit the Maui County website.

What laws affect the operating of a Transient Vacation Rental and a Bed and Breakfast?

The Maui County Code Chapter 19.37 prohibits transient vacation rentals outside of the hotel district. The Maui County Code Chapter 19.64 allows for Bed and Breakfast operations within the business district as well as the residential districts with a permit. The conditional permit process is used by owners/operators to establish either an STR or B&B outside of these allowed districts.

How would the proposed legislative bills now before the County Council affect vacation rentals?

The legislative bills would streamline permitting by no longer requiring a public hearing for bed and breakfasts (B&Bs). The B&B could include the rental of the ohana unit with the owner of the B&B required to live on-site. B&Bs would be allowed in the Residential District, Rural District, and Agricultural District if standards are met. TVRs would only be allowed in resort areas and business districts.

Are there additional requirements for a B&B to operating on agricultural land?

Yes. The additional requirements are intended to preserve agricultural lands. State laws require a State Special Permit be approved prior to operating a B&B on land that has a State agricultural land-use designation. More information about that can be found on the county website.

What should I do if I have a conditional permit application to operate a transient vacation rental business submitted prior to the passing of the new law?

If your application meets the new definition of a B&B, you may choose to change your application to a B&B application. The decision to change the application type is entirely up to you. If you have questions about this process, and if you should change your status, call the Planning Department.

How many B&B permits may be issued in each area?

There is a cap on the number of permits that may be approved. See B&B Ordinance, Section 19.64.030.R for cap numbers.

How can I obtain an application for a B&B permit?

B&B Application Packet

Do I have to post a sign announcing the project before I submit my application?

Yes. A sign is required to be posted at the front of the property, on the main road, for at least 5 days prior to the submission of an application.  This sign provides notification of intent to file for a B&B permit. The application packet contains information regarding the notification sign. B&B Sign Notification Information

How long will it take to process my application?

It may take several months for an application is completely processed. Applicants should make sure the application is accurately and thoroughly completed. When the application is submitted it should include all of the requested information and fees paid. Make sure to utilize the checklist provided as part of the application packet to not delay the process. B&B Application Checklist

Will neighbors and others be allowed to comment on applications?

Yes. Neighbors and agencies will be provided an opportunity to comment on a submitted application. This may have an impact on the length of time it takes for a permit to be approved. After a neighbor or agency comments on the application, the owner has a chance to respond.

By submitting a permit application, am I guaranteed a permit?

No. Only after an application is submitted and officially approved, will a permit be issued and given a number. The number ensures that the district stays within the cap limits.

What happens if the cap amount in my district is reached before my application is approved?

If the cap in a district is met, the Planning Department will use a waitlist.  It is not expected that the cap will be met any time in the near future, but this is not guaranteed.

Can I operate my B&B immediately after submitting an application?

No.  You must have an approved or conditional permit approved by the Planning Department before you begin to operate as a B&B.

Is there a penalty for operating an illegal STR or Bed and Breakfast?

Operating an illegal STR is subject to an initial fine of $1,000 along with a daily fine that can progress up to $1,000 per day. A trial is not necessary. There is an appeals process that could include the court system to resolve the appeal.