Update: Maui County Council is continuing to meet on this with the next meeting scheduled for September 9, 2026.

Maui County's Housing and Land Use Committee is looking at rezoning apartment-zoned properties scheduled to phase out short-term rentals per Ordinance 5909 (Bill 9) that are unlikely to convert to affordable housing for a variety of reasons, including mixed zoning on the property, high maintenance fees, sea level rise exposure area.  

On August 5, 2026, the Maui County Council's Housing and Land Use Committee began reviewing properties in the Sea Level Rise Exposure Areas.

This is similar to the last round of council meetings that advanced to the Planning Department for consideration on September 4, 2026 which recommended several properties which had mixed zoning:  Read More


The HLU met on August 5, 2026, to consider two resolutions that would rezone select apartment-district properties to hotel districts, allowing continued transient vacation rental (TVR) operations in areas identified for coastal flood exposure. The meeting drew extensive public testimony, a proposed amendment from Council Chair Alice L. Lee, and a decision to continue the discussion later this month.

Below is an overview of what was proposed, what changed during the meeting, and what property owners and prospective buyers should watch for next.

Background: Why These Resolutions Matter

Ordinance 5909 (Bill 9) established a phase-out of TVR uses in Apartment Districts across Maui County. In response, the Council adopted Ordinance 6008 (Bill 88--effective June 22, 2026), creating two new hotel zoning classifications, H-3 and H-4, specifically to accommodate properties that transition out of apartment zoning. Resolutions 26-129 and 26-130 are part of a series of Council actions referring specific properties to the Maui Planning Commission for rezoning consideration under this new framework.

Resolution 26-129

Introduced by HLU Committee Chair Nohelani Uʻu-Hodgins, Resolution 26-129 refers to the Planning Commission a proposed Community Plan amendment and a proposed Change in Zoning bill for properties located within the County's Sea Level Rise Exposure Area (SLR-XA), defined using the 3.2-foot coastal erosion planning threshold from the Hawai'i Sea Level Rise Viewer.

Resolution 26-129 was originally introduced with eight properties. At the August 5 meeting, Council Chair Alice L. Lee introduced a motion to amend the resolution by adding nine more properties within the SLR-XA, bringing the total under consideration to seventeen.

The following properties were proposed to be excluded:

Resolution 26-130

Resolution 26-130, introduced by Council Member Tom Cook, follows the same structure as 26-129 but addresses a separate set of properties, moving them from A-2 Apartment District to H-4 Hotel District with corresponding Community Plan designation changes.

The following properties were proposed to be excluded:

  •       10 Walaka Street  (Kihei)
  •       Makai Sunset Inn  (Lahaina)

FAQ's:
What Happened at the Meeting?

The committee heard nearly three hours of public testimony from a field of 31 registered speakers. With roughly half still waiting to testify, Chair Uʻu-Hodgins recessed the meeting without a committee vote on either resolution or the proposed amendment.

Property owners and vacation rental advocates supported the rezoning, citing flood risk to long-term residents. Testifiers referenced a 2023 incident in Ma'alaea, where a firefighter was swept through storm drains on South Kīhei Road.  They also spoke of the March 2026 storms that caused an estimated $100 million in countywide damage and affected the large majority of homes in the Kīhei area.

Other testifiers, including representatives from the Office of Hawaiian Affairs and Lahaina recovery advocacy groups, raised concerns that the resolutions could reduce the County's long-term residential housing inventory established under Bill 9.

Several additional property representatives, including those for Waiohuli Beach Hale and Noelani Oceanfront Resort, testified in support of future inclusion, citing similar flood exposure criteria.

Taken together with two related resolutions introduced in July, the properties under consideration across all four measures would move roughly 2,554 units toward hotel zoning, representing more than a third of the approximately 7,000 units affected by Bill 9's apartment-district phase-out.

What's Next?

The HLU Committee will reconvene on August 19, 2026, to hear the remaining testimony and continue discussion of Resolutions 26-129 and 26-130, including Chair Lee's proposed amendment. No final committee vote has been taken on either measure.

What Do HLU Resolutions 26-129 and 26-130 Mean for Owners and Buyers?

For owners of properties within the Sea Level Rise Exposure Area, this is a meaningful opportunity to understand how a zoning change could affect long-term vacation rental rights, association planning for sea level rise exposure, and property values.

For buyers evaluating condominiums in Kīhei, Ma'alaea, Kahana, Honokowai, and Lahaina, the outcome of these resolutions will help clarify which complexes may retain hotel-use flexibility as Ordinance 5909's apartment-district phase-out moves forward.

I will continue to track this process through the August 19 committee meeting and will share updates as the Council moves toward a decision. If you own property that may be affected, or are considering a purchase in one of these areas, I am happy to walk through what these zoning changes could mean for your specific situation.

This summary is based on Maui County Council meeting documents and public reporting as of August 10, 2026. It is provided for general informational purposes and is not legal advice. Property owners with questions about how these resolutions may affect a specific parcel should consult the official Maui County Council records or legal counsel.


Posted by Courtney M. Brown on

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