The Maui County Water and Infrastructure Committee on Oct. 21 recommended first reading of a substituted Bill 156 that defines and clarifies replacement of overhead encroachments — including awnings, canopies, marquees and signs — over public rights of way when those features were legally constructed and were damaged or destroyed in an emergency.

The substitute (CD1) replaces the term “replacement encroachment” with “replacement overhead encroachment,” clarifies that the definition applies only to structures located partially or wholly above a public right of way, and removes a 50% replacement-cost threshold while adding conforming, non-substantive edits approved by corporation counsel. The statute text also requires replacements to meet current building-code standards and maintain adequate clearance so they do not interfere with public health or safety.

Why it matters: Front Street stakeholders and property owners described overhead features as integral to Lahaina’s historic streetscape and pedestrian comfort. Proponents said restoring awnings and similar features will help restore Front Street’s character and support commercial recovery; others raised concerns about pedestrian space, delivery-vehicle interactions with low awnings, tree planting priorities, and sovereign-title claims raised by a speaker identifying as the Royal House of Hawaii.

Supporters and testimony
Multiple Front Street property owners and recovery representatives testified in favor. McKinley Eads and Ryan Churchill said the bill provides a clear, consistent path to rebuild historic overhead elements that offered shade and pedestrian comfort. Warren Freeland and Theo Morrison also testified in support, with Morrison saying the bill would “let Lahaina be Lahaina.”

Concerns and technical points
Several speakers and members discussed operational issues:
- Delivery-vehicle conflicts: Leo Coach, a property owner and resource for the committee, described past incidents in which delivery trucks clipped awnings and recommended design or sidewalk adjustments to avoid recurring damage. Coach noted some awnings he owned had been struck repeatedly and that building constraints — including coastal-resource requirements — limited options for raising or relocating canopies.
- Trees versus awnings: Testifier Kainashiki urged prioritizing tree planting in town for shade, resilience and environmental benefit, and warned of future conflicts if awnings are preferred over trees. Office of Recovery staff said work is underway to plan tree locations and reconcile trees with sidewalks and overhead features.
- Sovereign-title testimony: A speaker identifying as the Royal House of Hawaii objected broadly to county processes and said descendants had not been consulted; that testimony raised legal and cultural claims but did not produce an immediate legal finding or procedural change in the meeting.

Code details and staff guidance
The substitute clarifies the scope of replacement overhead encroachments (over public right of way) and removes the 50% cost test for replacement. Director Molina and Office of Recovery staff said they support the clarification and will provide implementation guidance for determining which overhead features were legally constructed prior to the disaster, noting the county can reference existing street-view data, permit records and historic documentation.

Vote and next steps
The committee approved the CD1 substitution and recommended first reading of Bill 156. Members also asked staff to incorporate a minor language tweak in the amendment summary form to ensure the clearance sentence reads consistently. The item will proceed to the full council for consideration.

Ending
Committee members framed the measure as a practical step to restore Front Street’s pedestrian character while directing staff to provide clarification and implementable procedures prior to subsequent readings.