The Housing and Land Use Committee recommended on first reading that the council pass Bill 9 (2025), a proposal to amend Maui County Code chapters 19.12, 19.32 and 19.37 to phase out transient vacation rentals (TVRs) in apartment districts. The committee voted 6-3 on the final motion to recommend passage of the substituted CD1 version of the bill.
The bill would give the county authority to phase out TVR uses in apartment districts over a set amortization period, and the committee adopted a CD1 substitution and several amendments before advancing the measure. Committee Chair Tasha Kama opened the meeting by noting, "we have only 1 single item on the agenda today, which is bill 9, amending chapters 19.12, 19.32, and 19.37 of the Maui County code relating to transit vacation rentals and apartment district," signaling the meeting's focus on the zoning changes.
Why it matters: The ordinance aims to reclaim apartment-district housing for longer-term residential use by establishing a legal path for counties to phase out transient accommodations in zones intended for multifamily housing. Supporters said the change is intended to increase housing supply for residents; critics warned the county must provide clear procedures for owners seeking rezoning, and that the measure risks legal challenges.
Key votes and actions
- Amendment clarifying that validly existing time-share units and other uses allowed by variance or law are exempt from the phase-out: moved by Council Member Nohelani Hodgins, seconded by Council Member Connie Rollins Fernandez; passed unanimously, 9-0.
- Motion to convene an executive session to consult with legal counsel under HRS '192-5(a)(4): moved by Council Member Yukari Sugimura, seconded by Chair Kama; passed 9-0.
- Substitution of the mayor's draft with the committee chair's CD1 version (as amended): the committee adopted the substitution during the meeting and later approved the main motion to recommend first reading of Bill 9 (CD1).
- Final committee recommendation to pass Bill 9 (CD1) on first reading (incorporating non-substantive revisions): passed, roll-call 6 ayes, 3 noes. Members recorded as voting 'aye' were Tamara Paulton, Gabe Johnson, Connie Rollins Fernandez, Shane Sennenci, Nohelani Hodgins and one other; members voting 'no' included Yukari Sugimura, Alice Lee and Tom Cook. (Roll-call recorded in the transcript; final tally 6-3.)
What the CD1 and amendments do
Committee debate and the CD1 text narrowed the scope of several provisions and added implementation guidance. The CD1 includes staggered amortization end dates: the CD1 language considered by the committee set an earlier phase-out in the West Maui Community Plan area and a later deadline for the remainder of the county. As discussed in committee, the proposed calendar in amendments read in part: uses may continue until 12/31/2028 for West Maui and until 12/31/2030 for the remainder of the county, with those uses no longer permitted for tax-assessment purposes on the subsequent January 1 dates (01/01/2029 and 01/01/2031 respectively).
Committee amendments also sought to create clearer paths for owners to pursue zoning changes or conditional permits. Planning Director Kate Blystone told members that "cleaning up through change in zoning is always preferable," but cautioned the planning department that the change would be a substantial administrative lift and that some elements may be better handled outside the code text or via a council-administration working group.
Several members urged an implementation plan: Council Member Tom Cook pressed for a formal, streamlined process so owners who wish to pursue change-of-zoning to allow continued visitor-oriented uses would have a realistic path. The administration told the committee it is willing to work with the council on a Technical Intergovernmental Group (TIG) or similar collaborative process to develop application processes and a prioritized list of candidate properties for rezoning.
Legal authority and executive session
Deputy corporation counsel advised the committee that the county's authority to amortize nonconforming uses derives from Hawaii Revised Statutes '146-4, and that Act 17 (Session Laws of Hawaii 2024) amended the statute to explicitly reference transient accommodations. In the open meeting the deputy counsel summarized language the committee later accepted into the bill's preamble: that HRS 46-4 authorizes counties to phase out nonconforming uses over a reasonable period and that Act 17 clarified that transient accommodations may be phased out by county zoning regulations.
Committee concerns and next steps
Opponents on the committee and some public commenters raised concerns about (1) the pace of implementation, (2) the potential loss of tax revenues used to fund county services, (3) the capacity of the planning department to process high volumes of change-of-zoning requests, and (4) exposure to legal challenges. Tom Cook and others argued the county should provide clearer assurances to property owners about realistic pathways and timeframes for rezoning; other members emphasized urgency in West Maui because of fire-related housing displacement.
The committee directed staff and the administration to work collaboratively on implementation details, including developing a streamlined application and review process for change-of-zoning requests (to be pursued as a joint effort with the council and administration), and to consider a TIG or related process to vet technical fixes and related sibling ordinances. The committee also instructed the planning department and Department of Housing to compile information on affected properties and potential resident interest lists as part of implementation planning.
What the committee did not do
The committee did not adopt a single comprehensive implementation schedule in code beyond the amended CD1 dates, nor did it create binding requirements for the planning department to guarantee outcomes on individual rezoning requests. Several council members said they expect continuing work with the administration to resolve open implementation questions before second reading.
What happens next
The committee's recommendation sends Bill 9 (CD1) to the full Maui County Council for first reading. If first reading is approved by the council, the bill will return for second reading where further amendments and the formal adoption timetable may appear. Committee members and administration staff said they plan to continue cross-branch work on process design and companion measures.
Courtesy note on transcript quotations
All direct quotations in this article are attributed to speakers recorded in the committee transcript: Chair Tasha Kama, Planning Director Kate Blystone, Deputy Corporation Counsel (Nohulu), and several council members. Where the transcript contained unclear spellings of names those names were standardized to verified official usage in article references (for example, "Tasha Kama" for the committee chair).