Maui STR Update: Council Passes Bill 88 and Refers First Rezoning Resolutions

Last Updated: August 2026

STATUS UPDATE (August 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) and is actively considering additional follow-up resolutions (including 26-129 and 26-130).

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 have officially passed Council referral and moved to the Planning Commission, while follow-up measures like Resolutions 26-129 and 26-130 are currently under active review.
  • 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.

Where Bill 88 / Ordinance 6008 Stands Right Now

Bill 88 passed its second and final reading before the full Maui County Council by a 7–2 vote and was officially enacted as Ordinance 6008.

While Ordinance 6008 established the new H-3 (lower intensity) and H-4 (higher intensity) Hotel Zoning classifications, it does not automatically rezone any complex. Properties must go through a formal zoning map amendment process, either initiated by County Council resolutions or through private HOA applications.

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 (Res. 26-129 & 26-130): 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 (Res. 26-129 & 26-130): Island Sands, Maalaea Kai, Lokelani, Hale Ono Loa, Pikake, Hale Kai I, 10 Walaka St, Makai Sunset Inn

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: Passed Council referral in July 2026.

What It Covers: Approximately 35–40 complexes (~2,000+ units) including high-density resort condos, timeshares, leasehold properties, and complexes operating with 24-hour hotel desks (e.g., Kamaole Sands, Wailea Ekahi, Papakea, Maui Eldorado).

Current Step: Referred to the Maui Planning Commission for formal land-use public hearings before returning to the Council for final map-amendment ordinances.

Wave 2 & Ongoing Introductions: Proposed Resolutions 26-129 & 26-130

Status: Proposed / Under Committee Review.

What It Covers: As part of the Council's sequential rollout, follow-up measures such as Resolutions 26-129 and 26-130 have been introduced to address additional packages of Minatoya List properties. These measures target complexes evaluated under specific Temporary Investigative Group (TIG) criteria—including sea-level rise exposure, local housing affordability thresholds, and unique parcel variances.

Key Takeaway: The County Council is not processing all ~104 properties at once; rezonings are moving forward in staged, sequential resolution packages.

Where Does Your Maui Condo Stand?

Wave 1 (Active Pipeline)
Resolutions 26-110 & 26-111
Referred to Maui Planning Commission. In the official fast-track pipeline toward H-3/H-4 zoning.
Wave 2 (Under Committee Review)
Resolutions 26-129 & 26-130+
Introduced or scheduled for committee review. Represents the next phase of Council-sponsored rezonings.
Unassigned Minatoya Complexes
None Assigned Yet
Transition not yet initiated by Council. Owners must wait for subsequent waves or pursue a private HOA application.
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 (Passed with Amendments) View Properties

Focuses on timeshares, leaseholds, micro-complexes, and designated residential-transition parcels.

Hono Kai
280 Hauoli Street, Ma‘alaea | TMK: (2) 3-8-014:002
Zone H-3
Maui Hill
2881 South Kihei Road, Kihei | TMK: (2) 3-9-004:081
Zone H-3
Kahana Outrigger
4521 Lower Honoapiilani Road, Lahaina | TMK: (2) 4-3-005:020
Zone H-3
Kuleana
3959 Lower Honoapiilani Road, Lahaina | TMK: (2) 4-3-008:004
Zone H-3
Hale Mahina Beach Resort
3875 Lower Honoapiilani Road, Lahaina | TMK: (2) 4-3-006:041
Zone H-4
Resolution 26-111 Property List (Passed with Amendments) View Properties

Focuses on high-density resort complexes that act like traditional hotels.

Wailea Ekahi II
3300 Wailea Alanui Drive, Wailea | TMK: (2) 2-1-008:060
Zone H-3
Wailea Ekolu
10 Wailea Ekolu Place, Wailea | TMK: (2) 2-1-008:077
Zone H-3
Papakea
3543 Lower Honoapiilani Road, Lahaina | TMK: (2) 4-4-001:055
Zone H-4
Maui Eldorado
2661 Kekaa Drive, Kānapali | TMK: (2) 4-4-008:021
Zone H-4
Kamaole Sands
2695 South Kihei Road, Kihei | TMK: (2) 3-9-004:004
Zone H-4
Resolution 26-129 Property List (Under Committee Review) View Properties

Covers oceanfront and near-shore properties evaluated under coastal hazard and sea-level rise criteria (SLR-XA).

Kihei Bay Surf
715 South Kihei Road, Kihei | TMK: (2) 3-9-001:007
Zone H-3
Kihei Bay Vista
679 South Kihei Road, Kihei | TMK: (2) 3-9-001:143
Zone H-3
Island Sands
150 Hauoli Street, Maalaea | TMK: (2) 3-8-014:015
Zone H-4
Maalaea Kai
70 Hauoli Street, Maalaea | TMK: (2) 3-8-014:021
Zone H-4
Lokelani
3833 Lower Honoapiilani Road, Honokowai | TMK: (2) 4-3-006:016
Zone H-4
Hale Ono Loa
3823 Lower Honoapiilani Road, Honokowai | TMK: (2) 4-3-006:044
Zone H-4
Pikake
3701 Lower Honoapiilani Road, Honokowai | TMK: (2) 4-3-006:063
Zone H-4
Hale Kai I
3695 Lower Honoapiilani Road, Honokowai | TMK: (2) 4-4-001:042
Zone H-4
Resolution 26-130 Property List (Under Committee Review) View Properties

Covers specific individual properties operating under single-owner or hotel-style operations.

10 Walaka Street
10 Walaka Street, Kihei | TMK: (2) 3-9-016:019
Zone H-4
Makai Sunset Inn
1415 & 1411 Front Street, Lahaina | TMK: (2) 4-5-003:006
Zone H-4

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

July 6, 2026

The Housing and Land Use Committee held its public hearing and approved Wave 1 rezonings (Resolutions 26-110 and 26-111), referring them to the Maui Planning Commission.

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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