Maui Bill 88 Update: H-3 and H-4 Hotel Zoning and Where Rezoning Stands
Last updated: November 2026
Where things stand (November 2026)
- Bill 88 is law. It became Ordinance 6008, effective June 22, 2026, and created the new H-3 and H-4 Hotel Districts.
- First 48 properties: on September 22, 2026 the Maui Planning Commission voted 6-2 to recommend hotel zoning for only 5 of the 48 properties in Resolutions 26-110 and 26-111, and against the other 43. The County Council makes the final decision.
- Next 32 shoreline complexes: on September 29, 2026 the Council voted 5-4 to send Resolution 26-129 to the Planning Commission. The Maui Vacation Rental Association reports a commission hearing is expected November 24, 2026; the formal agenda has not been posted.
- Four complexes left out: on October 23, 2026 the Council rejected Resolutions 26-160 and 26-161, 4-5, so Nohonani, Hoyochi Nikko, Maalaea Kai and Island Sands have no pending rezoning proposal.
- New Council in January: after the November 3, 2026 election, a new County Council takes office in early January 2027. See our election briefing for condo owners.
- Nothing has been rezoned yet. Until the Council passes a rezoning bill for a specific property, the Bill 9 phase-out deadlines still apply to it.
On this page
What Bill 88 Did: The H-3 and H-4 Hotel Districts
Bill 9 (Ordinance 5909, signed December 15, 2025) phases out short-term vacation rentals in A-1 and A-2 apartment-zoned condos, including the Minatoya List. Bill 88 (Ordinance 6008) gave the County a way to keep some of those complexes as vacation rentals: rezoning them into two new hotel districts where transient vacation rental use is allowed.
H-3 Hotel District
- For complexes now zoned A-1 (low-density apartment)
- Vacation rental use allowed
- Examples of A-1 Minatoya list complexes: Kihei Bay Surf, Kihei Bay Vista
H-4 Hotel District
- For complexes now zoned A-2 (medium-density apartment)
- Vacation rental use allowed
- Examples of A-2 Minatoya list complexes: Lokelani, Hale Ono Loa
The key point: the new districts exist, but no complex is in them until the Council passes a rezoning bill for that property. Each one goes through Planning Commission review, a public hearing and a final Council vote. Being named in a resolution starts that process; it does not finish it.
Status of Each Rezoning Resolution
| Resolution | Which properties | Status (November 2026) |
|---|---|---|
| 26-110 | Timeshare, leasehold, single-owner and very small complexes | Referred by the Council in July 2026. Planning Commission recommended 5 of the 48 properties for approval on September 22. The Commission must return the bills to the Council by November 24, 2026. |
| 26-111 | Complexes that operate like hotels | |
| 26-129 | 32 shoreline complexes in Maalaea, Kihei and West Maui | Council referred it to the Planning Commission 5-4 on September 29, 2026. The Maui Vacation Rental Association reports a hearing is expected November 24, 2026; the agenda has not been posted. |
| 26-130 | 3 parcels: 10 Walaka St, Kihei, and Makai Sunset Inn, 1411 and 1415 Front St, Lahaina | Heard in the Housing and Land Use Committee in August 2026. We have not seen a Council vote reported. |
| 26-160 and 26-161 | Nohonani and Hoyochi Nikko, Lahaina (26-160); Maalaea Kai and Island Sands, Maalaea (26-161) | Failed 4-5 at the Council on October 23, 2026. Not sent to the Planning Commission. |
Property lists have changed through several rounds of amendments, so we are not reprinting them here. For the official lists, see the County documents linked under Sources at the end of this page, or contact us and we will check a specific complex for you.
What the Planning Commission Decided on September 22
After about five hours of testimony, the Maui Planning Commission voted 6-2 to recommend hotel zoning for five properties and against the other 43 in Resolutions 26-110 and 26-111.
Recommended for approval (5 properties, about 397 units)
Hale Kaanapali, Kuau Plaza, Maui Schooner, Hono Koa and Hana Kai
Recommended against (43 properties)
Including Kamaole Sands, the Resort at Papakea, Maui Sunset, Maui Eldorado, Kauhale Makai, Maui Hill, Kuleana, Kaanapali Royal and Kanai A Nalu.
What it means: the Commission's vote is a recommendation, not the final word. The Council can still approve a property the Commission recommended against, but it needs a two-thirds vote (6 of 9 members) to do so. Several of the recent Council votes on this issue have been 5-4 or 4-5. The current Council serves until early January 2027, when the members elected on November 3, 2026 take office.
The Shoreline Group: Resolution 26-129
Resolution 26-129 covers 32 vacation rental complexes in Maalaea, Kihei and West Maui: 19 would move from A-1 to H-3 and 13 from A-2 to H-4. A property qualifies if both of these are true:
- More than 50% of the building footprint is in the 3.2-foot Sea Level Rise Exposure Area, a special flood hazard area, or the shoreline setback area.
- The buildings were not originally built for affordable or workforce housing.
The Council voted down an amendment to add Nohonani and Hoyochi Nikko. A follow-up attempt to refer Nohonani, Hoyochi Nikko, Maalaea Kai and Island Sands (Resolutions 26-160 and 26-161) failed 4-5 on October 23, 2026. The resolution itself rezones nothing: it sends two bills to the Planning Commission, one amending the Kihei-Makena and West Maui community plans and one changing the zoning. If the Commission recommends against them, the Council would again need 6 of 9 votes.
Key Dates
| Date | What happens |
|---|---|
| January 1, 2031 | Short-term rental use ends in apartment-zoned condos in South Maui and the rest of the county, unless the property has been rezoned. |
| January 1, 2029 | Short-term rental use ends in apartment-zoned condos in West Maui, unless the property has been rezoned. |
| November 24, 2026 | Deadline for the Planning Commission to return the Resolution 26-110 and 26-111 bills to the Council. The Maui Vacation Rental Association reports the commission is also expected to hear Resolution 26-129 that day. |
| November 3, 2026 | Election. Mayor Richard Bissen re-elected; new Council members take office in early January 2027. |
| October 23, 2026 | Council rejects Resolutions 26-160 and 26-161, 4-5. |
| September 29, 2026 | Council refers Resolution 26-129 (32 shoreline complexes) to the Planning Commission, 5-4. |
| September 22, 2026 | Planning Commission recommends 5 of 48 properties in Resolutions 26-110 and 26-111. |
| July 2026 | Council refers Resolutions 26-110 and 26-111 to the Planning Commission, 7-1. |
| June 22, 2026 | Ordinance 6008 (Bill 88) takes effect, creating the H-3 and H-4 Hotel Districts. |
| December 15, 2025 | Ordinance 5909 (Bill 9) signed, starting the phase-out. |
What Owners, Buyers and Boards Should Do Now
Sellers: my complex is named in a resolution
Buyers: shopping for a Maui vacation rental
HOA boards: what to prepare
Disclaimer
We are real estate professionals, not attorneys, and this page is not legal, tax, financial or zoning advice. Lawsuits challenging Ordinance 5909 are pending; this page does not interpret them. For updates on Bill 9 and the lawsuits, see our Maui Bill 9 guide.
Is Your Complex in One of These Resolutions?
The lists keep changing. Contact our team and we will check where your Maui condo complex stands today, and what it means for its value.
Request My Property ReviewSources
- Maui County: Planning Commission agenda item, Resolutions 26-110 and 26-111 (September 22, 2026)
- Maui County: Resolution 26-130
- Maui Now: Council refers 32 shoreline condo complexes to the Planning Commission (September 30, 2026)
- Hoodline: Maui panel rejects most vacation rental exemptions (September 2026)
- Maui Now: Council advances new hotel zoning (July 28, 2026)
- Maui Now: Council narrowly rejects Resolutions 26-160 and 26-161 (October 26, 2026)
- Civil Beat: 2026 Maui election results (November 2026)