Aloha Members of the Disaster Recovery, International Affairs and Planning Committee,
I fully support Bill 105 in its original form. This bill is essential to the recovery of Lahaina’s homes and businesses, and it must be passed without exceptions.
Delays in permitting are crippling the rebuilding process and adding unnecessary stress and anxiety to fire victims who have already endured so much. Bill 105 would provide a much-needed path forward, expediting the process and allowing us to restore the unique character of Lahaina that made it so special.
I lost my home in the fire, and every day that passes without progress weighs heavily on me. Like so many others, I am desperate to rebuild—not just my house, but my community. The ability to return home should not be delayed any further.
I strongly urge you to pass Bill 105 as originally written, applying it to ALL businesses and homes without exceptions. Lahaina’s recovery depends on it.
My family lost a property in the fire, and urge you to support Bill 105. We recently made our first visit back after the fire, and were astounded at the lack of rebuilding after almost 1 1/2 years, in the wake of such loss. We commend the committee for this attempt to serve your community, helping to move things forward. In contrast, we most aggressively oppose the amendment proposed by Councilmember Tamara Paltin, which would not only be counter productive, but harmful to the future of good, hard working people who rely on the income and tax revenue from short-term visitors. Thank you.
Supplemental Testimony in "OPPOSITION to the proposed amendment on TVR Restrictions by Council Member Paltin"
Aloha Chair Paltin, Vice Chair U‘u-Hodgins, and members of the committee,
I am submitting this supplemental testimony to add to my previous testimony in support of Bill 105 (Feb 2, 2025) and to respectfully oppose the amendment restricting legal transient vacation rentals (TVRs).
The August 8, 2023 wildfire was no fault of anyone in Lahaina, and all property owners - residential, commercial, and legal TVR owners - should have the right to rebuild and resume operations. Lahaina’s recovery should be about restoring what was lost, not selectively removing property rights from those who were following the law.
Legal TVRs were permitted and paying taxes before the fire, and many homeowners relied on them to help cover mortgages, property upkeep, and financial stability. Fire victims should not be penalized for delays beyond their control. If a property was legally operating and up to date on taxes before August 8, 2023, it should retain that right once rebuilt - just like every other home and business.
This is a time for unity and true Aloha, ensuring all property owners have the opportunity to return and rebuild, rather than using this tragedy to create division or shift land use policy.
Final Request: Pass Bill 105 Without the TVR Restriction
✅ Ensure all nonconforming properties - including legal TVRs - can rebuild.
✅ Oppose the amendment restricting legal transient vacation rentals.
✅ Fast-track all permitting to ensure Lahaina’s recovery.
Additional Amendments Needed for Bill 105, in addition to removing the restriction on legal TVRs, I strongly urge the committee to amend Bill 105 to include assistance in the rebuild for all of Lahaina's residents:
✅ Waive all zoning barriers (residential, commercial, agricultural, SMA, SMA+, shoreline) for Lahaina fire rebuilds!
✅ Ensure commercial rebuilding is prioritized alongside residential recovery to preserve Lahaina’s economic core.
✅ Allow a modest increase to square footage footprint to accommodate families’ long-term needs.
✅ Ensure fire safety updates (Class A materials, hydrants, sprinklers, easements) are the only major new requirements.
✅ Align rebuilding timelines with IRS Tax Code 1033, ensuring property owners do not face tax penalties for delays outside their control.
Lahaina’s full recovery must be expedited. Please pass Bill 105 without the TVR amendment to ensure a fair and just recovery for all of Lahaina!
My wife and I support 105 for the rebuilding of Lahaina and Puamana. But we do not support the proposed amendment put forward by Council Member Paltin.
I write to support Bill 105 (2024) with one important exception.
I do NOT support the amendment proposed by Councilmember Paltin that would prevent non-conforming transient vacation rentals from resuming operations. Property owners have already suffered enough through no fault of their own. The proposed amendment is unfair because it eliminates their ability to have short term rentals (STRs). These STRs can be crucial to helping owners finance the rebuilding of their property. Please do not take away what property owners previously had.
Aloha Chair Paltin, Vice-Chair U‘u-Hodgins, and Members of the Committee,
Thank you for introducing and hearing this essential bill. I write to support Bill 105 (2024).
I am an owner in the fire zone. While my home did not burn, many of my friends and neighbors were not so lucky. Some of those friends lost properties that they rent short term part of the year. The loss, personal disruption, financial stress and uncertainty has weighed greatly on many of these fire victims.
I do NOT support the amendment proposed by Council member Tamara Paltin that would prevent non-conforming transient vacation rentals from resuming operations if they were discontinued for 12 consecutive months due to an emergency or disaster. These owners have already suffered enough through no fault of their own. The proposed amendment will victimize them further at this vulnerable time by stripping them of their ability to rent their properties.
I oppose Bill 105. An intelligent decision cannot be made until the extensive economic impact study is completed. The vast majority of jobs on Maui are related to tourism. If short term rentals are no longer available, tourism to Maui will significantly decline. Hotels are far more expensive than STRs, especially if there is a family who needs several rooms. With a significant decline in tourism, there will not be jobs for the vast majority of the resident population. Thus they will have to leave the island to find work. Please do not approve this poorly thought out Bill at this point. The Economic impact Study needs to be completed.
Aloha Chair Paltin, and Council Members,
My name is Kelly Black. My parents do not have the ability to write this themselves, but were residents of Front Street, Lahaina for the past 30 years. We are very appreciative of the administration and the planning department for their diligent work in bringing Bill 105 to vote. This bill is a vital step in helping us rebuild the Front Street where we spent many wonderful years. If Bill 105 passes and rebuilding is able to proceed expeditiously, there is a chance that my parents will be able to spend their final years as they always hoped - in the home and neighborhood where they found their community and became part of an extended ohana. They are currently living in senior living in Colorado while awaiting this outcome. Please allow them the opportunity to return to a home rebuilt on the site and in the style of the home they lost in the fire of August 8, 2023.
I urge the council to support Bill 105.
Sincerely,
Kelly (Burkhalter) Black
Dear Chair Paltin, Vice-Chair U‘u-Hodgins, and Members of the Committee,
Thank you to the administration and planning department for introducing this essential bill and to Chair Patlin for hearing it.
I support Bill 105 (2024) as we are very motivated to rebuild our property in Puamana and bring Lahaina Town back from the ashes.
I do not support the amendment proposed by Council member Tamara Paltin, however, as STRs are vital to the Lahaina economy and owners who rent their properties should not be penalized due to an event beyond their control and delays in rebuilding totally beyond their control.
Question-How can the list change from condominium zoning that was deeded as such in the Land Courts of Hawaii for legal SRVR, and CHANGE wording to apartment dwelling as built in a year to fit agenda to TAKE condo away from owners that purchased and were deeded as the condominium law in the Land Courts of Hawaii? This list also changed the NAME of the list to Mitoya movement! Again to fit the agenda to TAKE away for their own housing needs. I have been a resident since 1991. They say most owners do not live here-that still doesn't give the right to TAKE for their own needs. If the state needed these condos they could have bought 20 together for the same housing not TAKE. So many excuses to try to change deeded law as recorded in the Land Court.I have provided work for local people to clean-manage my condo. I pay the TAT-GET and Maui County taxes as legally required for STVR. I will be homeless too if I cannot pay my mortgage.
Also, Molokai wants to be exempt and go ahead and stop STVR on Molokai. They want for only their people and not for residents that work and pay for what they have or planned for. I was told "you shouldn't be here". My condo is recorded as such and will continue to do so as recorded.
I support Bill 105 (2024) as we are very motivated to rebuild our property and bring Lahaina to life again. I do not support the amendment proposed by Councilmember Tamara Paltin, however, as STRs are vital to the Lahaina economy and owners who rent their properties should not be penalized due to an event beyond their control and delays in rebuilding totally beyond their control.
Aloha,
Thank you for supporting this important bill to speed the recovery of Lahaina. As a Lahaina fire victim, I implore you to let us rebuild all of our homes and businesses as quickly as possible and put an end to our suffering. Please do not divide us by favoring one vs the other. All victims of disasters should be able to rebuild what they had where they had it, and where it would still be today if not for the fire. That means single family, multi family, commercial, coastal, non-owner occupied and short term rental. The nature of ownership does not make one owner less than or more than others. We are a vibrant and diverse community that thrives with all of us being treated fairly and equally and we all stick together.
In support of the rebuilding of the Lahaina community, I oppose Councilmember Paltin's Amendment. I feel strongly that those who have to rebuild will be allowed to offer short term rentals and continuing their operations as they did prior to the fires from August 2023. I urge everyone to support the rebuilding and regrowth of the Lahaina community! M. Day, short term rental owner on Maui.
Subject: Support for Bill 105 (2024) – Amendment to Maui County Code Section 19.500.110 Regarding Nonconformities
Dear Chair Paltin and Members of the DRIP Committee,
My name is Leilani Pulmano, and I am submitting this testimony on behalf of AJI, LLC. Our entity owned two commercial structures at 612 Front Street in Lahaina, both of which were completely destroyed in the 2023 Lahaina Wildfire. I support the passage of Bill 105 (2024), which seeks to amend Section 19.500.110 of the Maui County Code to allow nonconforming structures and uses affected by a declared disaster to be repaired or reconstructed under a streamlined process.
The devastation caused by the Lahaina Wildfire has displaced businesses, residents, and essential community services. For property owners like AJI, LLC, the ability to rebuild efficiently and restore economic activity is critical to Lahaina’s long-term recovery. Bill 105 (2024) provides much-needed clarity and flexibility by allowing previously existing nonconforming structures and uses to be reconstructed while maintaining reasonable safeguards.
Key provisions of the bill, such as allowing the repair and reconstruction of nonconforming structures without requiring full compliance with current zoning regulations, are essential for ensuring that affected property owners can rebuild without unnecessary delays. Additionally, the five-year rebuilding timeframe, with the possibility of a two-year extension, strikes a fair balance between urgency and feasibility for those navigating insurance claims, permitting, and construction logistics.
Without these amendments, property owners may face prohibitive regulatory obstacles that could delay or prevent rebuilding, further compounding the economic and social impacts of the wildfire. Lahaina’s historic and cultural significance must be preserved, and this bill provides a practical path forward for responsible restoration while upholding safety and planning standards.
I urge the Maui County Council to pass Bill 105 (2024) and help accelerate the recovery process for businesses and residents who have already suffered tremendous losses. Thank you for your consideration of this critical matter.
My name is Hayden Pogni and I strongly support Bill 105. I lost two businesses in the Lahaina fire, and my family is struggling to make ends meet. I am embarrassed by the county’s lack of urgency in rebuilding. I am appalled by the strong focus on eliminating businesses in Lahaina, stalling building permits, and the attempted theft of pre-fire zoning rights.
We lost a LEGAL short-term rental (STR) in Lahaina — a beautiful plantation house built in 1940. We remodeled it to restore its historical beauty. This property was zoned B2 and employed many hardworking local families, including house cleaners, landscapers, handymen, plumbers, electricians, and more. I should also mention the guests who stayed at our house and supported the local shops and restaurants, contributing to the Lahaina economy.
We also lost a Hair Salon called Soleil Luna that employed locals and provided a service to our community.
Your lack of urgency is destroying our people and our town. We may have to move due to the slow pace of recovery. Many locals are leaving because they can no longer hold on. It shows a complete lack of business sense to place a price tag on the SMA (Special Management Area) exemption. Have you built anything on Maui?
We need immediate action to rebuild and support the community that makes Lahaina unique.
WRITTEN TESTIMONY IN STRONG SUPPORT OF COUNTY BILL 105
Aloha e Chair Paltin, Vice Chair U‘u-Hodgins, and members of the committee,
Mahalo for the opportunity to provide testimony in strong support of Bill 105 regarding nonconformities.
My name is Heather Napela Williams. I am the great-granddaughter of Lucy Napela Kaukau Furtado and Antonio Dias Furtado. Grandma Lucy was a teacher for years at Kamehameha III Elementary. Vuvu (my great-grandfather) was a butcher and then became the Lahaina Postmaster. Over 100 years ago, they worked hard and bought several buildings at 693-711 Front Street and 754 Front Street. These buildings were tragically destroyed in the Lahaina fires of August 2023.
I am writing today in strong support of Bill 105. Thank you for introducing an essential bill that will help countless Lahaina families. We need some guidance and the ability to move forward, and Bill 105 will be a crucial step in this process.
Our family has so many cherished memories of Lahaina, and we deeply treasure these properties. They not only provide critical financial income for our kupuna, but they have kept our ohana close as we have worked together over the years to maintain them. They also provide numerous jobs and support the local economy. As a Kanaka Maoli family, we understand the history of this community and deeply respect the land and sea. We strongly believe we can rebuild in a way that honors our culture while being economically responsible. This bill allows us to rebuild Front Street with sensitivity to the cultural and historical significance of the area. It provides the opportunity to restore the character of Lahaina in a way that respects its heritage while also supporting economic growth. This balance is key to a sustainable future for our community.
We are simply trying to rebuild what we lost in the devastating Lahaina fires. Bill 105 would be a huge help in doing this. My ohana strongly supports Bill 105 and we hope that you will too.
Mahalo nunui for your time and attention to this matter.
Sincerely,
Heather Napela Williams
4375 Aukai Avenue
Honolulu, HI 96816
808-383-9928
Signed on behalf of myself and my ohana:
Maile and Owen Williams (my parents)
Nathan Earl Smith, Nathan Punahele William Smith, & Elijah Kaliko Carter Smith (my husband and children)
Aloha Chair Paltin, Vice Chair U‘u-Hodgins, and members of the committee,
My name is Jason Toth, a resident of Lahaina, survivor of the August 8, 2023 wildfire, and homeowner directly impacted by the devastation. My family and I lost our home, rental property, and business in the fire. I strongly support Bill 105, which is a crucial step toward allowing Lahaina residents and businesses to rebuild. However, this bill must be amended to remove all remaining zoning and permitting roadblocks preventing reconstruction.
Why This Bill Matters: Lahaina’s commercial district was the economic heart of Maui, home to over 100 small businesses, restaurants, and gathering places that brought residents and visitors together. The historic nature of these buildings gave Front Street its identity, and many business owners are still unable to rebuild due to unnecessary permitting barriers. Without commercial properties reopening alongside homes, Lahaina will cease to be a community and instead become a ghost town of empty houses.
Additionally, many residential neighborhoods remain stuck in zoning disputes - some fully developed areas are still classified as agricultural, despite decades of housing developments. A year and a half later, Makai of the highway should already be rebuilding, but we are still debating zoning issues instead of getting homes and businesses back up.
Bill 105 protects nonconforming structures and uses, ensuring that legally built properties destroyed by the fire can be reconstructed despite zoning changes. The bill also extends the time for rebuilding nonconforming properties until April 1, 2029, which is necessary given the slow pace of permitting approvals.
Necessary Amendments to Strengthen This Bill
1. Remove All Zoning and Permit Restrictions for Rebuilds
• Waive all zoning conflicts (residential, commercial, agricultural, shoreline, SMA-+) for fire-affected rebuilds.
• These were legally permitted structures before August 8, 2023 - rebuilding should not require rezoning or variances.
2. Ensure Commercial Rebuilding is Prioritized
• Lahaina is not just houses - it needs businesses, shops, and gathering spaces to function as a real community.
• If commercial properties are not rebuilt alongside homes, Lahaina will lose its identity and economic foundation.
• Nonconforming commercial uses in Lahaina’s burn zone must be explicitly protected to allow businesses to rebuild as they were before August 8, 2023.
3. Allow Homes to Expand by 25% of Their Original Footprint
• Families should not be forced to rebuild exactly as before, only to spend more money later modifying their homes for growing children or aging parents.
• A reasonable 25% footprint expansion allows for future-proofing while maintaining Lahaina’s character.
4. Align Code Requirements Only to Fire Safety Updates
• The only required code updates should be for Class A fire-retardant materials, easements, hydrants, and sprinklers - not arbitrary zoning restrictions.
5. Ensure Compliance with IRS Tax Code 1033
• Under IRS Tax Code 1033, landowners must reinvest insurance proceeds within three years (by August 8, 2026) to avoid severe tax penalties.
• If permitting delays continue, many landowners will be financially forced to sell instead of rebuilding.
6. Mandate Immediate Permit Approvals
• Permits must be finalized by summer 2025 so rebuilding can begin before supply and labor shortages worsen due to California’s wildfire recovery efforts.
Why We Must Act Now: It has been 16 months since the fire, and Lahaina’s recovery has been unbearably slow. Meanwhile, California has already taken aggressive action through Governor Newsom’s Executive Order N-2-25, waiving permitting barriers and fast-tracking rebuilding. Hawaii must act now, or we will could lose critical resources as California rebuild efforts regarding workforce and materials begins.
At the current rate, Lahaina’s recovery won’t take a decade - it will take multiple decades. Some projects that have been approved, such as Lahaina Surf & Front Street Apartments, are not scheduled for completion until 2029 - this is unacceptable. If permitting issues for residential and commercial properties are not resolved immediately, families and businesses will not be able to hold on!
The Consequences of Inaction: If this bill is not strengthened, many Lahaina families will not be able to rebuild at all. If immediate action is not taken, Lahaina will never recover in the next decade! Insurance payouts are running out, and if rebuilding doesn’t begin soon, many residents will have no choice but to: Take what’s left from their insurance, any lawsuit settlement money, sell their properties and leave Lahaina / Maui entirely!
WE ARE ALL SUFFERING @ NO FAULT OF OUR OWN :( Lahaina’s recovery must be expedited! We all need to be pouring concrete this year! Please pass Bill 105 with the necessary amendments to truly support the people of Lahaina!
Final Request: Pass and Amend Bill 105
✅ Waive all zoning barriers (residential, commercial, agricultural, SMA, shoreline) for Lahaina fire rebuilds.
✅ Fast-track commercial permitting to ensure Lahaina remains a functioning community.
✅ Allow a 25% footprint expansion to accommodate families’ long-term needs.
✅ Ensure fire safety updates (Class A materials, hydrants, sprinklers).
✅ Align rebuilding timelines with IRS Tax Code 1033, ensuring landowners are not penalized for delays outside their control.
✅ Approve all permits submitted NOW, so rebuilding can really start and pick up pace!
Mahalo for your time and consideration. Jason Toth, Lahaina, HI
Aloha Chair Paltin, and Council Members,
My name is Penny Wakida, and I am a lifelong resident of Maui. I want to extend my heartfelt
mahalo to the administration and the planning department for their diligent work in bringing
forward Bill 105, and to Councilmember Paltin for scheduling it. This bill is a vital step in helping
us rebuild the Front Street we know and love.
Over 100 commercial properties were destroyed in the fire. The charm of Front Street lies in its
historic, and old buildings that reflect the soul of our community. The people of Maui, and
countless visitors, cherished those old structures. They contributed to the unique feel that made
Lahaina so special. We do not want to see modern developments take over what was once an
important part of our island's history. Zoning issues must be addressed to ensure we can rebuild
the character of Front Street exactly as it was before the disaster.
I strongly support the Planning Commission’s recommendation to extend the timeframe from
four years to five years, with a potential two-year extension. This would give our community the
time and opportunity to bring back an important part of Lahaina in a way that honors our past.
Mahalo again for your efforts, and I urge the council to support Bill 105 and the recommended
changes.
Sincerely,
Penny Wakida
The Hawaii Restaurant Association strongly supports Bill 105 and urgers the county to help the recovery of Lahaina. time is of an essence as the longer it takes to rebuild Lahaina, the higher will be the cost of rebuilding, the lives of the people from Lahaiha would have moved out of West Maui due to the lack of housing and employment etc. Thank you .
Victor Lim
Aloha Members of the Disaster Recovery, International Affairs and Planning Committee,
I fully support Bill 105 in its original form. This bill is essential to the recovery of Lahaina’s homes and businesses, and it must be passed without exceptions.
Delays in permitting are crippling the rebuilding process and adding unnecessary stress and anxiety to fire victims who have already endured so much. Bill 105 would provide a much-needed path forward, expediting the process and allowing us to restore the unique character of Lahaina that made it so special.
I lost my home in the fire, and every day that passes without progress weighs heavily on me. Like so many others, I am desperate to rebuild—not just my house, but my community. The ability to return home should not be delayed any further.
I strongly urge you to pass Bill 105 as originally written, applying it to ALL businesses and homes without exceptions. Lahaina’s recovery depends on it.
Mahalo for your time and consideration.
Sincerely,
Cathy Medina
355 Front Street
My family lost a property in the fire, and urge you to support Bill 105. We recently made our first visit back after the fire, and were astounded at the lack of rebuilding after almost 1 1/2 years, in the wake of such loss. We commend the committee for this attempt to serve your community, helping to move things forward. In contrast, we most aggressively oppose the amendment proposed by Councilmember Tamara Paltin, which would not only be counter productive, but harmful to the future of good, hard working people who rely on the income and tax revenue from short-term visitors. Thank you.
Supplemental Testimony in "OPPOSITION to the proposed amendment on TVR Restrictions by Council Member Paltin"
Aloha Chair Paltin, Vice Chair U‘u-Hodgins, and members of the committee,
I am submitting this supplemental testimony to add to my previous testimony in support of Bill 105 (Feb 2, 2025) and to respectfully oppose the amendment restricting legal transient vacation rentals (TVRs).
The August 8, 2023 wildfire was no fault of anyone in Lahaina, and all property owners - residential, commercial, and legal TVR owners - should have the right to rebuild and resume operations. Lahaina’s recovery should be about restoring what was lost, not selectively removing property rights from those who were following the law.
Legal TVRs were permitted and paying taxes before the fire, and many homeowners relied on them to help cover mortgages, property upkeep, and financial stability. Fire victims should not be penalized for delays beyond their control. If a property was legally operating and up to date on taxes before August 8, 2023, it should retain that right once rebuilt - just like every other home and business.
This is a time for unity and true Aloha, ensuring all property owners have the opportunity to return and rebuild, rather than using this tragedy to create division or shift land use policy.
Final Request: Pass Bill 105 Without the TVR Restriction
✅ Ensure all nonconforming properties - including legal TVRs - can rebuild.
✅ Oppose the amendment restricting legal transient vacation rentals.
✅ Fast-track all permitting to ensure Lahaina’s recovery.
Additional Amendments Needed for Bill 105, in addition to removing the restriction on legal TVRs, I strongly urge the committee to amend Bill 105 to include assistance in the rebuild for all of Lahaina's residents:
✅ Waive all zoning barriers (residential, commercial, agricultural, SMA, SMA+, shoreline) for Lahaina fire rebuilds!
✅ Ensure commercial rebuilding is prioritized alongside residential recovery to preserve Lahaina’s economic core.
✅ Allow a modest increase to square footage footprint to accommodate families’ long-term needs.
✅ Ensure fire safety updates (Class A materials, hydrants, sprinklers, easements) are the only major new requirements.
✅ Align rebuilding timelines with IRS Tax Code 1033, ensuring property owners do not face tax penalties for delays outside their control.
Lahaina’s full recovery must be expedited. Please pass Bill 105 without the TVR amendment to ensure a fair and just recovery for all of Lahaina!
Mahalo for your time again, Jason Toth, Lahaina
Council members -
My wife and I support 105 for the rebuilding of Lahaina and Puamana. But we do not support the proposed amendment put forward by Council Member Paltin.
Thanks
Chris Moody
Aloha Members of the Committee,
I write to support Bill 105 (2024) with one important exception.
I do NOT support the amendment proposed by Councilmember Paltin that would prevent non-conforming transient vacation rentals from resuming operations. Property owners have already suffered enough through no fault of their own. The proposed amendment is unfair because it eliminates their ability to have short term rentals (STRs). These STRs can be crucial to helping owners finance the rebuilding of their property. Please do not take away what property owners previously had.
Aloha Chair Paltin, Vice-Chair U‘u-Hodgins, and Members of the Committee,
Thank you for introducing and hearing this essential bill. I write to support Bill 105 (2024).
I am an owner in the fire zone. While my home did not burn, many of my friends and neighbors were not so lucky. Some of those friends lost properties that they rent short term part of the year. The loss, personal disruption, financial stress and uncertainty has weighed greatly on many of these fire victims.
I do NOT support the amendment proposed by Council member Tamara Paltin that would prevent non-conforming transient vacation rentals from resuming operations if they were discontinued for 12 consecutive months due to an emergency or disaster. These owners have already suffered enough through no fault of their own. The proposed amendment will victimize them further at this vulnerable time by stripping them of their ability to rent their properties.
Sean George
I oppose Bill 105. An intelligent decision cannot be made until the extensive economic impact study is completed. The vast majority of jobs on Maui are related to tourism. If short term rentals are no longer available, tourism to Maui will significantly decline. Hotels are far more expensive than STRs, especially if there is a family who needs several rooms. With a significant decline in tourism, there will not be jobs for the vast majority of the resident population. Thus they will have to leave the island to find work. Please do not approve this poorly thought out Bill at this point. The Economic impact Study needs to be completed.
Aloha Chair Paltin, and Council Members,
My name is Kelly Black. My parents do not have the ability to write this themselves, but were residents of Front Street, Lahaina for the past 30 years. We are very appreciative of the administration and the planning department for their diligent work in bringing Bill 105 to vote. This bill is a vital step in helping us rebuild the Front Street where we spent many wonderful years. If Bill 105 passes and rebuilding is able to proceed expeditiously, there is a chance that my parents will be able to spend their final years as they always hoped - in the home and neighborhood where they found their community and became part of an extended ohana. They are currently living in senior living in Colorado while awaiting this outcome. Please allow them the opportunity to return to a home rebuilt on the site and in the style of the home they lost in the fire of August 8, 2023.
I urge the council to support Bill 105.
Sincerely,
Kelly (Burkhalter) Black
Every owner should have the right to rebuild
Dear Chair Paltin, Vice-Chair U‘u-Hodgins, and Members of the Committee,
Thank you to the administration and planning department for introducing this essential bill and to Chair Patlin for hearing it.
I support Bill 105 (2024) as we are very motivated to rebuild our property in Puamana and bring Lahaina Town back from the ashes.
I do not support the amendment proposed by Council member Tamara Paltin, however, as STRs are vital to the Lahaina economy and owners who rent their properties should not be penalized due to an event beyond their control and delays in rebuilding totally beyond their control.
Question-How can the list change from condominium zoning that was deeded as such in the Land Courts of Hawaii for legal SRVR, and CHANGE wording to apartment dwelling as built in a year to fit agenda to TAKE condo away from owners that purchased and were deeded as the condominium law in the Land Courts of Hawaii? This list also changed the NAME of the list to Mitoya movement! Again to fit the agenda to TAKE away for their own housing needs. I have been a resident since 1991. They say most owners do not live here-that still doesn't give the right to TAKE for their own needs. If the state needed these condos they could have bought 20 together for the same housing not TAKE. So many excuses to try to change deeded law as recorded in the Land Court.I have provided work for local people to clean-manage my condo. I pay the TAT-GET and Maui County taxes as legally required for STVR. I will be homeless too if I cannot pay my mortgage.
Also, Molokai wants to be exempt and go ahead and stop STVR on Molokai. They want for only their people and not for residents that work and pay for what they have or planned for. I was told "you shouldn't be here". My condo is recorded as such and will continue to do so as recorded.
I support Bill 105 (2024) as we are very motivated to rebuild our property and bring Lahaina to life again. I do not support the amendment proposed by Councilmember Tamara Paltin, however, as STRs are vital to the Lahaina economy and owners who rent their properties should not be penalized due to an event beyond their control and delays in rebuilding totally beyond their control.
Aloha,
Thank you for supporting this important bill to speed the recovery of Lahaina. As a Lahaina fire victim, I implore you to let us rebuild all of our homes and businesses as quickly as possible and put an end to our suffering. Please do not divide us by favoring one vs the other. All victims of disasters should be able to rebuild what they had where they had it, and where it would still be today if not for the fire. That means single family, multi family, commercial, coastal, non-owner occupied and short term rental. The nature of ownership does not make one owner less than or more than others. We are a vibrant and diverse community that thrives with all of us being treated fairly and equally and we all stick together.
In support of the rebuilding of the Lahaina community, I oppose Councilmember Paltin's Amendment. I feel strongly that those who have to rebuild will be allowed to offer short term rentals and continuing their operations as they did prior to the fires from August 2023. I urge everyone to support the rebuilding and regrowth of the Lahaina community! M. Day, short term rental owner on Maui.
Subject: Support for Bill 105 (2024) – Amendment to Maui County Code Section 19.500.110 Regarding Nonconformities
Dear Chair Paltin and Members of the DRIP Committee,
My name is Leilani Pulmano, and I am submitting this testimony on behalf of AJI, LLC. Our entity owned two commercial structures at 612 Front Street in Lahaina, both of which were completely destroyed in the 2023 Lahaina Wildfire. I support the passage of Bill 105 (2024), which seeks to amend Section 19.500.110 of the Maui County Code to allow nonconforming structures and uses affected by a declared disaster to be repaired or reconstructed under a streamlined process.
The devastation caused by the Lahaina Wildfire has displaced businesses, residents, and essential community services. For property owners like AJI, LLC, the ability to rebuild efficiently and restore economic activity is critical to Lahaina’s long-term recovery. Bill 105 (2024) provides much-needed clarity and flexibility by allowing previously existing nonconforming structures and uses to be reconstructed while maintaining reasonable safeguards.
Key provisions of the bill, such as allowing the repair and reconstruction of nonconforming structures without requiring full compliance with current zoning regulations, are essential for ensuring that affected property owners can rebuild without unnecessary delays. Additionally, the five-year rebuilding timeframe, with the possibility of a two-year extension, strikes a fair balance between urgency and feasibility for those navigating insurance claims, permitting, and construction logistics.
Without these amendments, property owners may face prohibitive regulatory obstacles that could delay or prevent rebuilding, further compounding the economic and social impacts of the wildfire. Lahaina’s historic and cultural significance must be preserved, and this bill provides a practical path forward for responsible restoration while upholding safety and planning standards.
I urge the Maui County Council to pass Bill 105 (2024) and help accelerate the recovery process for businesses and residents who have already suffered tremendous losses. Thank you for your consideration of this critical matter.
Sincerely,
Leilani Pulmano
AJI, LLC
Aloha,
My name is Hayden Pogni and I strongly support Bill 105. I lost two businesses in the Lahaina fire, and my family is struggling to make ends meet. I am embarrassed by the county’s lack of urgency in rebuilding. I am appalled by the strong focus on eliminating businesses in Lahaina, stalling building permits, and the attempted theft of pre-fire zoning rights.
We lost a LEGAL short-term rental (STR) in Lahaina — a beautiful plantation house built in 1940. We remodeled it to restore its historical beauty. This property was zoned B2 and employed many hardworking local families, including house cleaners, landscapers, handymen, plumbers, electricians, and more. I should also mention the guests who stayed at our house and supported the local shops and restaurants, contributing to the Lahaina economy.
We also lost a Hair Salon called Soleil Luna that employed locals and provided a service to our community.
Your lack of urgency is destroying our people and our town. We may have to move due to the slow pace of recovery. Many locals are leaving because they can no longer hold on. It shows a complete lack of business sense to place a price tag on the SMA (Special Management Area) exemption. Have you built anything on Maui?
We need immediate action to rebuild and support the community that makes Lahaina unique.
Mahalo,
WRITTEN TESTIMONY IN STRONG SUPPORT OF COUNTY BILL 105
Aloha e Chair Paltin, Vice Chair U‘u-Hodgins, and members of the committee,
Mahalo for the opportunity to provide testimony in strong support of Bill 105 regarding nonconformities.
My name is Heather Napela Williams. I am the great-granddaughter of Lucy Napela Kaukau Furtado and Antonio Dias Furtado. Grandma Lucy was a teacher for years at Kamehameha III Elementary. Vuvu (my great-grandfather) was a butcher and then became the Lahaina Postmaster. Over 100 years ago, they worked hard and bought several buildings at 693-711 Front Street and 754 Front Street. These buildings were tragically destroyed in the Lahaina fires of August 2023.
I am writing today in strong support of Bill 105. Thank you for introducing an essential bill that will help countless Lahaina families. We need some guidance and the ability to move forward, and Bill 105 will be a crucial step in this process.
Our family has so many cherished memories of Lahaina, and we deeply treasure these properties. They not only provide critical financial income for our kupuna, but they have kept our ohana close as we have worked together over the years to maintain them. They also provide numerous jobs and support the local economy. As a Kanaka Maoli family, we understand the history of this community and deeply respect the land and sea. We strongly believe we can rebuild in a way that honors our culture while being economically responsible. This bill allows us to rebuild Front Street with sensitivity to the cultural and historical significance of the area. It provides the opportunity to restore the character of Lahaina in a way that respects its heritage while also supporting economic growth. This balance is key to a sustainable future for our community.
We are simply trying to rebuild what we lost in the devastating Lahaina fires. Bill 105 would be a huge help in doing this. My ohana strongly supports Bill 105 and we hope that you will too.
Mahalo nunui for your time and attention to this matter.
Sincerely,
Heather Napela Williams
4375 Aukai Avenue
Honolulu, HI 96816
808-383-9928
Signed on behalf of myself and my ohana:
Maile and Owen Williams (my parents)
Nathan Earl Smith, Nathan Punahele William Smith, & Elijah Kaliko Carter Smith (my husband and children)
Aloha Chair Paltin, Vice Chair U‘u-Hodgins, and members of the committee,
My name is Jason Toth, a resident of Lahaina, survivor of the August 8, 2023 wildfire, and homeowner directly impacted by the devastation. My family and I lost our home, rental property, and business in the fire. I strongly support Bill 105, which is a crucial step toward allowing Lahaina residents and businesses to rebuild. However, this bill must be amended to remove all remaining zoning and permitting roadblocks preventing reconstruction.
Why This Bill Matters: Lahaina’s commercial district was the economic heart of Maui, home to over 100 small businesses, restaurants, and gathering places that brought residents and visitors together. The historic nature of these buildings gave Front Street its identity, and many business owners are still unable to rebuild due to unnecessary permitting barriers. Without commercial properties reopening alongside homes, Lahaina will cease to be a community and instead become a ghost town of empty houses.
Additionally, many residential neighborhoods remain stuck in zoning disputes - some fully developed areas are still classified as agricultural, despite decades of housing developments. A year and a half later, Makai of the highway should already be rebuilding, but we are still debating zoning issues instead of getting homes and businesses back up.
Bill 105 protects nonconforming structures and uses, ensuring that legally built properties destroyed by the fire can be reconstructed despite zoning changes. The bill also extends the time for rebuilding nonconforming properties until April 1, 2029, which is necessary given the slow pace of permitting approvals.
Necessary Amendments to Strengthen This Bill
1. Remove All Zoning and Permit Restrictions for Rebuilds
• Waive all zoning conflicts (residential, commercial, agricultural, shoreline, SMA-+) for fire-affected rebuilds.
• These were legally permitted structures before August 8, 2023 - rebuilding should not require rezoning or variances.
2. Ensure Commercial Rebuilding is Prioritized
• Lahaina is not just houses - it needs businesses, shops, and gathering spaces to function as a real community.
• If commercial properties are not rebuilt alongside homes, Lahaina will lose its identity and economic foundation.
• Nonconforming commercial uses in Lahaina’s burn zone must be explicitly protected to allow businesses to rebuild as they were before August 8, 2023.
3. Allow Homes to Expand by 25% of Their Original Footprint
• Families should not be forced to rebuild exactly as before, only to spend more money later modifying their homes for growing children or aging parents.
• A reasonable 25% footprint expansion allows for future-proofing while maintaining Lahaina’s character.
4. Align Code Requirements Only to Fire Safety Updates
• The only required code updates should be for Class A fire-retardant materials, easements, hydrants, and sprinklers - not arbitrary zoning restrictions.
5. Ensure Compliance with IRS Tax Code 1033
• Under IRS Tax Code 1033, landowners must reinvest insurance proceeds within three years (by August 8, 2026) to avoid severe tax penalties.
• If permitting delays continue, many landowners will be financially forced to sell instead of rebuilding.
6. Mandate Immediate Permit Approvals
• Permits must be finalized by summer 2025 so rebuilding can begin before supply and labor shortages worsen due to California’s wildfire recovery efforts.
Why We Must Act Now: It has been 16 months since the fire, and Lahaina’s recovery has been unbearably slow. Meanwhile, California has already taken aggressive action through Governor Newsom’s Executive Order N-2-25, waiving permitting barriers and fast-tracking rebuilding. Hawaii must act now, or we will could lose critical resources as California rebuild efforts regarding workforce and materials begins.
At the current rate, Lahaina’s recovery won’t take a decade - it will take multiple decades. Some projects that have been approved, such as Lahaina Surf & Front Street Apartments, are not scheduled for completion until 2029 - this is unacceptable. If permitting issues for residential and commercial properties are not resolved immediately, families and businesses will not be able to hold on!
The Consequences of Inaction: If this bill is not strengthened, many Lahaina families will not be able to rebuild at all. If immediate action is not taken, Lahaina will never recover in the next decade! Insurance payouts are running out, and if rebuilding doesn’t begin soon, many residents will have no choice but to: Take what’s left from their insurance, any lawsuit settlement money, sell their properties and leave Lahaina / Maui entirely!
WE ARE ALL SUFFERING @ NO FAULT OF OUR OWN :( Lahaina’s recovery must be expedited! We all need to be pouring concrete this year! Please pass Bill 105 with the necessary amendments to truly support the people of Lahaina!
Final Request: Pass and Amend Bill 105
✅ Waive all zoning barriers (residential, commercial, agricultural, SMA, shoreline) for Lahaina fire rebuilds.
✅ Fast-track commercial permitting to ensure Lahaina remains a functioning community.
✅ Allow a 25% footprint expansion to accommodate families’ long-term needs.
✅ Ensure fire safety updates (Class A materials, hydrants, sprinklers).
✅ Align rebuilding timelines with IRS Tax Code 1033, ensuring landowners are not penalized for delays outside their control.
✅ Approve all permits submitted NOW, so rebuilding can really start and pick up pace!
Mahalo for your time and consideration. Jason Toth, Lahaina, HI
Aloha Chair Paltin, and Council Members,
My name is Penny Wakida, and I am a lifelong resident of Maui. I want to extend my heartfelt
mahalo to the administration and the planning department for their diligent work in bringing
forward Bill 105, and to Councilmember Paltin for scheduling it. This bill is a vital step in helping
us rebuild the Front Street we know and love.
Over 100 commercial properties were destroyed in the fire. The charm of Front Street lies in its
historic, and old buildings that reflect the soul of our community. The people of Maui, and
countless visitors, cherished those old structures. They contributed to the unique feel that made
Lahaina so special. We do not want to see modern developments take over what was once an
important part of our island's history. Zoning issues must be addressed to ensure we can rebuild
the character of Front Street exactly as it was before the disaster.
I strongly support the Planning Commission’s recommendation to extend the timeframe from
four years to five years, with a potential two-year extension. This would give our community the
time and opportunity to bring back an important part of Lahaina in a way that honors our past.
Mahalo again for your efforts, and I urge the council to support Bill 105 and the recommended
changes.
Sincerely,
Penny Wakida
The Hawaii Restaurant Association strongly supports Bill 105 and urgers the county to help the recovery of Lahaina. time is of an essence as the longer it takes to rebuild Lahaina, the higher will be the cost of rebuilding, the lives of the people from Lahaiha would have moved out of West Maui due to the lack of housing and employment etc. Thank you .
Victor Lim