Council approves rules to speed rebuilding of nonconforming structures after disasters; short-term rental restriction added

The Maui County Council voted 9-0 March 7 to approve Bill 105, a measure intended to help property owners rebuild nonconforming structures and uses damaged or destroyed in disasters such as the August 2023 Lahaina wildfire.

Councilmember Tamara Paulton, who moved the committee recommendation, said the bill "provides property owners an opportunity to rebuild in Lahaina while preserving community character." The council approved committee amendments allowing the fire chief to require upgrades beyond residential code standards for public safety and to require relocation of nonconforming uses within a lot if necessary.

The measure was transmitted by the Maui County Planning Department to aid wildfire recovery and is intended to apply countywide in cases where an emergency or disaster was declared under state or county law. The council amendment also bars nonconforming transient vacation rental (TBR) uses from resuming if they were discontinued for 12 consecutive months, except when the unit is to be owner-occupied. That restriction was added after public and committee debate.

Public testimony at the meeting showed competing community priorities. Sandra Haley, whose family owns a Front Street property in Lahaina, said her family had operated a legally nonconforming short-term rental since the late 1980s and urged the council not to adopt the TBR discontinuation amendment for her specific parcel. Haley told the council, "Our home is contaminated, unsafe, uninhabitable. As a fire victim we should not be penalized for circumstances beyond our control." She said the property had been documented with the planning department and had been treated as an existing nonconforming use prior to the fire.

Other testifiers supported the bill as a tool to speed recovery. Jonathan Allen of Grassroots Hawai‘i testified that Bill 105 "will be really important in allowing people to rebuild some of the historic looking buildings in Lahaina," and noted churches and temples in residential zones could face permitting hurdles without the change. Caitlin Miller of the Valley Vacation Rental Association said the association "fully support[s] the intent of Bill 105 to expedite rebuilding in Lahaina and Kula," while asking the council to reconsider the short-term rental amendment.

Council discussion referenced public-safety input from the Department of Fire and Public Safety and the need to balance recovery speed with fire-safety setbacks, roadway improvements and building separation. Councilmembers said they had received more than 200 pieces of written testimony asking that residents be prioritized over tourist-oriented short-term rentals in the rebuild.

The motion as reported out of committee and adopted by the council included the fire-safety enhancements and the 12-month TBR discontinuation bar; the motion was moved by Councilmember Tamara Paulton and seconded by Councilmember Nohilani Uhudgins. The vote was 9 ayes, 0 noes.

What happens next: the bill, as adopted, provides a rewritten framework for planning staff and owners to pursue rebuilding and will be applied to permit reviews; property owners and design professionals were urged during debate to proceed carefully because rebuilding under the new rules may still require additional approvals and, in some cases, relocation of uses for safety reasons.

Clarifying details: the council's amendment permits the fire chief to require structures to exceed residential code standards to improve public safety; the TBR resumption prohibition applies only when the TBR use was discontinued for 12 consecutive months and does not apply to owner-occupied transient accommodations. The bill cited disaster proclamations under Hawaii Revised Statutes chapter 127A as the trigger for the special rules.

Ending note: Council members said the change is intended to help Lahaina residents and property owners rebuild while preserving community character and protecting public safety; individual property outcomes will depend on site-specific permit reviews and any required upgrades or relocations.