Maui STR Update: Council Passes Bill 88 and Refers First Rezoning Resolutions
Last Updated: September 2026
STATUS UPDATE (September 2026)
Bill 88 is now enacted law (Ordinance 6008). The Maui County Council has officially initiated property rezonings via Resolutions 26-110 and 26-111 (Wave 1), scheduled for the Maui Planning Commission on September 22, 2026. Deliberations continue on Resolutions 26-129 and 26-130 in the Housing and Land Use Committee.
The legislative landscape surrounding Maui short-term vacation rentals (TVRs) is moving rapidly. To help you cut through the noise, here is the bottom line of what is happening:
- The Good News: The Maui County Council has officially established a legal pathway (Bill 88 / Ordinance 6008) for 104 historical short-term rental properties to apply for hotel zoning, protecting them from the upcoming phase-out.
- The Reality Check: Simply being on this master eligibility list does not mean your property is safe or rezoned. Every single complex must still undergo an individual, highly scrutinized municipal rezoning process, known as a map amendment.
- The Active Pipeline: The Council is rolling these rezonings out in sequential waves. Resolutions 26-110 and 26-111 are set for the Planning Commission on September 22, 2026, while follow-up measures like Resolutions 26-129 and 26-130 are under active review by the Housing and Land Use Committee.
- Your Position: If your building is on the master list but not named in these resolutions, the Council has not yet initiated your active transition. You are advised to exercise strategic patience, avoid submitting premature testimony, and work with your HOA board to prepare your documentation.
Legislative Status & Implementation Tracker (Updated September 2026)
At a Glance: Upcoming Calendar & Milestones
- September 9, 2026 (10:00 AM HST): Housing and Land Use (HLU) Committee continues deliberations on Resolutions 26-129 & 26-130. (Oral testimony is closed).
- September 22, 2026: Maui Planning Commission formal public hearing on Resolutions 26-110 & 26-111.
- Upcoming (Date TBD): Introduction of subsequent resolution packages focusing on the Affordability criterion.
1. Resolutions 26-110 & 26-111 → Maui Planning Commission (September 22)
Resolutions 26-110 and 26-111 have officially moved through the Housing and Land Use (HLU) Committee and the full County Council, and are now scheduled before the Maui Planning Commission on September 22, 2026.
For properties included in these two resolutions, this hearing represents the next key opportunity to establish a formal record supporting the proposed Change in Zoning and Community Plan Amendments.
The Scope of the Planning Commission Review:
The Planning Commission is not restarting the legislative process from scratch. Its review is focused on evaluating the proposed zoning changes within the framework established by the Council, including:
- Eligibility and adherence to applicable criteria.
- Verification of existing lawful short-term rental use.
- Land-use planning, zoning standards, and infrastructure considerations.
- Consistency with County and Community Plans.
- Assessment of community, environmental, and neighborhood impacts.
Action Steps for Associations and Property Owners:
- Coordinate with Board Leadership and Legal Counsel: AOAO boards and managing agents should align with association counsel on hearing presentation and formal submission materials.
- Submit Property-Specific Written Testimony: Written comments should focus directly on the property's compliance with the specific criteria set forth in the resolution.
- Coordinate Public Testimony: If participating during public testimony, coordinate among owners and representatives to present distinct, substantive information rather than repeating identical points.
- Respond to County Information Requests (Metes & Bounds): If your association received a formal request from the County for property-specific technical documentation (such as a certified metes-and-bounds description), ensure this information is submitted prior to the County's deadline. Note: Letters were sent directly to AOAO Board Presidents. If your board has not received this notice, contact HLU Committee staff directly.
2. Resolutions 26-129 & 26-130 → Housing and Land Use Committee (September 9)
Resolutions 26-129 and 26-130 remain under review within the Housing and Land Use (HLU) Committee, with deliberations scheduled to resume on Wednesday, September 9, 2026, at 10:00 AM HST. Please note that public oral testimony on these measures is officially closed.
Recent Legislative Changes (The Cook Amendment):
During the committee's prior meeting, the Cook Amendment passed by a 5–4 vote, modifying the coastal qualification threshold. Rather than requiring properties to be "fully impacted" by coastal hazards, the amended criterion now includes properties that meet either of the following:
- Majority Impacted (51%+): Properties with 51% or more of their land area within the state-recognized 3.2-foot Sea Level Rise Exposure Area (SLR-XA) or designated Special Flood Hazard Zones; OR
- Shoreline Regulatory Jurisdiction: Properties subject to Maui Planning Commission shoreline regulations.
The amendment also maintains the requirement that the property was not originally developed or designated for affordable or workforce housing.
Current Evaluation of Listed Properties:
There has been question within the community regarding how the 51% threshold and overlapping shoreline jurisdictions apply to individual parcels. Based on committee records to date, this amendment has not resulted in the removal of any properties currently included in Resolutions 26-129 or 26-130, including properties added through earlier amendments.
Discussions are ongoing within HLU regarding zoning conditions, shoreline safeguards, and regulatory coordination. We are monitoring County communications for further administrative clarification regarding overlapping coastal boundary definitions.
3. What Comes Next: Affordability Review Wave
Following the conclusion of committee work on coastal properties, the Council is anticipated to introduce another round of resolutions addressing remaining properties identified in the Council's TIG Exhibit 2 recommendations.
This upcoming wave is expected to center on the Affordability criterion, evaluating properties based on unit valuation, maintenance realities, and practical suitability for local workforce residential housing. Additional eligible properties beyond the original Exhibit 2 list may also be considered as the Council broadens its review. A formal introduction date has not yet been set.
Recommended Preparation for Property Associations:
If affordability criteria may apply to your complex, boards and owners are advised to begin compiling verifiable financial and operational documentation now, including:
- Recent sales transactions within the complex and comparable local market data.
- Unit profiles, average square footages, interior condition, and leasehold/fee-simple distinctions.
- Historical sales patterns, noting owner-occupant versus second-home or investor purchases.
- Complete history of AOAO maintenance fees and monthly assessment schedules.
- Master insurance policy history, detailing recent premium adjustments and deductible changes.
- Aging infrastructure assessments, structural reserve studies, and deferred capital improvements.
- Recent, current, or pending special assessments.
- Documented carrying costs reflecting the realistic total financial commitment required to maintain units in the complex.
H-3 vs. H-4 Hotel Zoning Districts: What You Need to Know Click to Expand
Under Ordinance 6008 (enacted under Bill 88), the Maui County Council created two brand-new zoning classifications: the H-3 Hotel District and H-4 Hotel District.
These districts were specifically designed to solve a major legal hurdle: providing a lawful, conforming zoning path for apartment-zoned short-term vacation rentals facing phase-outs under Ordinance 5909 (Bill 9).
Why H-3 and H-4 Were Created
Traditional Maui hotel zoning districts (such as H-M, H-1, or H-2) impose heavy commercial building and development standards. Forcing standard apartment-zoned condominium complexes into traditional hotel zoning would have created widespread land-use mismatches, non-conforming setbacks, and structural compliance issues. To avoid this, the County custom-built H-3 and H-4 to mirror existing apartment bulk and density standards while explicitly permitting transient vacation rentals (TVRs).
Direct Comparison: H-3 vs. H-4 at a Glance
Zone H-3
H-3 Hotel District
- Origin Zoning: Transitioned from A-1 (Low-Density Apartment)
- Density & Bulk Rules: Low-Density Apartment Standards
- Target Properties: Low-rise condo complexes & low-density clusters
- Vacation Rental Rights: Fully Permitted
- Example Properties: Kihei Bay Surf, Kihei Bay Vista
Zone H-4
H-4 Hotel District
- Origin Zoning: Transitioned from A-2 (Medium-Density Apartment)
- Density & Bulk Rules: Medium-Density Apartment Standards
- Target Properties: Multi-story, mid-rise condo complexes
- Vacation Rental Rights: Fully Permitted
- Example Properties: Maalaea Kai, Lokelani, Hale Ono Loa
Key Takeaways for Maui Property Owners
- Direct 1-to-1 Mapping: If your property is A-1, your pathway is H-3. If your complex is A-2, your pathway is H-4.
- No Commercial Retrofits Required: Transitioning to H-3 or H-4 does not force an HOA to construct a hotel lobby, commercial front desk, or resort amenities. The designation simply updates land-use rules to make short-term rental operations legal.
- Preserves Conformity: Building heights, setback allowances, lot coverage ratios, and density limits remain identical to the underlying A-1 or A-2 rules, ensuring existing structures remain fully conforming.
- Protects Rental Equity: Once formally enacted, the property is permanently shielded from Ordinance 5909 phase-out deadlines.
The Council's Rezoning Pipeline: Wave 1 & Proposed Follow-Up Waves
Wave 1: Resolutions 26-110 & 26-111 (Planning Commission Review)
Status: Hearing scheduled for September 22, 2026 before the Maui Planning Commission.
What It Covers: Designated complexes including timeshares, leaseholds, micro-complexes, residential-transition parcels, and high-density resort condos with hotel-style operations.
Current Step: Under formal Planning Commission land-use public review before returning to Council for final map-amendment ordinances.
Wave 2 & Ongoing Introductions: Proposed Resolutions 26-129 & 26-130
Status: Under Housing and Land Use Committee review (Deliberations resuming September 9, 2026).
What It Covers: Oceanfront and near-shore properties evaluated under coastal hazard criteria (SLR-XA/SFHA, modified by the Cook Amendment), plus single-owner and hotel-style properties.
Key Takeaway: Rezonings move forward in staged, sequential resolution packages rather than all at once.
Where Does Your Maui Condo Stand?
Wave 1 (Active Pipeline)
Resolutions 26-110 & 26-111
Scheduled for Maui Planning Commission on Sept 22, 2026.
Wave 2 (Under Committee Review)
Resolutions 26-129 & 26-130
In HLU Committee review; deliberations resume Sept 9, 2026.
Unassigned Minatoya Complexes
None Assigned Yet
Transition not yet initiated by Council. Awaiting subsequent waves (e.g., Affordability review).
100% Hotel-Zoned Properties
Existing Hotel Zone
Completely safe from Ordinance 5909 (Bill 9) phase-outs. No rezoning required.
Property Lists by Resolution
Resolution 26-110 Property List View Properties
- 1178 Uluniu Rd
- 1194 Uluniu Rd
- 1440 Halama St
- 1444 Halama St
- 1470 Halama St
- 2131 Iliili Rd
- Indo Lotus Beach Hse
- Kauhale Makai
- Maui Hill
- Maui Sunset
- Villa Moana
- Kihei Resort
- My Waii Beach Cottage
- Hono Kai
- Milowai-Maalaea
- Hale Mahina Beach
- Kahana Outrigger
- Kaanapali Royal
- Waiohuli Bch Duplex
Resolution 26-111 Property List View Properties
- Hana Kai-Maui
- Luana Kai
- Kamaole Sands
- Kihei Parkshore
- Kapu Townhouse
- Palms at Wailea I
- Shores of Maui
- Kamaole One
- Waiohuli Beach Hale
- Wailea Ekahi I
- Wailea Ekahi II
- Wailea Ekahi III
- Wailea Ekolu
- Papakea
- Maui Eldorado
Resolution 26-129 Property List (Coastal / SLR-XA) View Properties
- Kihei Bay Surf
- Kihei Bay Vista
- Island Sands
- Maalaea Kai
- Mahina Surf
- Hale Kai I
- Kanai A Nalu
- Lauloa Maalaea
- Makani Sands
- Polynesian Shores
- Nohonani
- Kaleialoha
- Lokelani
- Kahana Village
- Kuleana
- Maui Sands I
- Maui Sands II
- Paki Maui I & II
- Paki Maui III
Resolution 26-130 Property List (Single-Owner & Hotel-Style Operations) View Properties
- 10 Walaka St
- Makai Sunset Inn
Disclaimer: These property lists reflect current legislative drafts and committee amendments for informational purposes only. Inclusion on a resolution does not constitute finalized rezoning; all measures remain subject to formal Planning Commission review, public hearings, and final County Council enactment.
Timeline at a Glance
01
December 15, 2025
Ordinance 5909 (Bill 9) was signed into law, establishing the baseline short-term rental phase-out.
02
June 19, 2026
The County Council passed Bill 88 CD1 on final reading, which was enacted into Ordinance 6008 to establish the legal transition framework.
03
September 22, 2026
Maui Planning Commission formal public hearing scheduled for Wave 1 rezonings (Resolutions 26-110 and 26-111).
04
January 1, 2029 (Phase-Out Deadline)
Short-term rentals must cease operations in West Maui apartment districts unless they successfully complete their zoning transition.
05
January 1, 2031 (Phase-Out Deadline)
Short-term rentals must cease operations in South Maui and all other apartment districts unless they successfully complete their zoning transition.
How the TIG Evaluates Properties: The Six Policy Filters
During legislative committee sessions, Housing and Land Use Committee Chair Nohe U'u-Hodgins pulled back the curtain on the exact methodology used by the Temporary Investigative Group (TIG). Rather than reviewing all 104 eligible properties as a single group, the Council is systematically triaging and sequencing complexes into rolling 'waves' using six explicit policy factors:
How the TIG Evaluates Properties: The Six Policy Filters View 6 Policy Filters
1. Timeshare Properties: Banned from serving as long-term housing, these are grouped immediately into Wave 1 under Resolution 26-110.
2. Leasehold Properties: Prioritized immediately for protective action under Resolution 26-110 to avoid triggering sudden HOA insolvency upon lease expiration.
3. Properties that 'Act Like a Hotel': High-density complexes with central desks and commercial infrastructure grouped immediately into Wave 1 under Resolution 26-111.
4. Affordability: Auditing price per square foot and monthly maintenance fees. Moderate price points face intense scrutiny, with many placed in follow-up waves like Resolutions 26-129 & 26-130.
5. Sea Level Rise Exposure Area (SLR-XA): Coastal hazard zones requiring managed retreat or beach-preservation plans before granting zoning relief.
6. Micro-Complexes ('Onesie-Twosies'): Small parcels with under five units grouped alongside timeshares in Resolution 26-110.
Disclaimer
Please note that we are real estate professionals, not attorneys, and the information provided here does not constitute legal, tax, financial, or formal zoning counsel. Furthermore, this update addresses only the legislative and administrative processes of Maui County and does not address, interpret, or advise on any current, pending, or potential litigation involving Ordinance 5909 or Ordinance 6008.
What Should You Do Next?
Click on your persona below to reveal tailored guidance:
For Sellers: What action should I take if my complex is listed? Click to Read
Is your complex included in Wave 1 (Resolutions 26-110 / 26-111) or Wave 2 (Resolutions 26-129 / 26-130)? Buyer confidence and market liquidity have returned for these complexes. Contact us today for an updated market valuation.
For Buyers: How do I safely shop for Maui vacation rentals? Click to Read
Shopping for Maui vacation rentals? Always verify whether a complex meets TIG criteria or holds hotel zoning before making an offer.
For HOA Board Members: What if our complex isn't assigned yet? Click to Read
Unassigned on the Minatoya list? We can help your board gather required documentation to prepare for future Council waves or private petitions.
Is Your Complex Included in Active or Proposed Resolutions?
Legislative lists and resolution amendments remain fluid. Contact our team today to verify whether your specific Maui condo complex is included in Resolutions 26-110, 26-111, 26-129, 26-130, or upcoming Council waves.
Call or Email the Maui Property Team
(808) 217-8832
joe@mauiproperty.com
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