Aloha Chair, Vice Chair and Members of the Housing and Land Use Committee,
On behalf of the Maui Vacation Rental Association, I am writing in support of Bill 88, establishing the H3/H4 zoning districts.
At this stage in the process, the committee understands why we are here. The question before you is not whether Maui needs housing. We do. The question is whether Maui County’s zoning code should accurately reflect long-standing, lawfully established visitor accommodation uses without creating broader or unintended new rights.
Bill 88 is a practical and necessary zoning tool.
Opponents have argued that property owners already have the ability to apply for rezoning. Technically, that is true. But under the current structure, the available hotel zoning districts — H1 and H2 — do not simply recognize existing transient vacation rental use. They may expand what a property is allowed to do.
That is the problem Bill 88 is trying to solve.
Following the TIG recommendations, there was broad recognition that additional zoning legislation would be necessary to address longstanding visitor accommodation uses in a more precise and internally consistent manner. During the Bill 9 process, the Council intentionally moved forward with Bill 9 first while acknowledging that follow-up zoning work would still be needed. Bill 88 is the continuation of that process.
H3/H4 provides a more precise, like-for-like zoning option that can modernize the code without opening the door to new or expanded short-term rental opportunities. This is not about creating new STR inventory. It is about creating a zoning category that more accurately aligns with existing use.
Opponents have also argued that some of these properties “act like hotels,” while others do not. That is exactly why a more precise zoning category is needed. These properties are not traditional hotels. They are resort-style condominium communities, many of which were designed, marketed, financed, insured, taxed, and operated for transient accommodations for decades.
They are also not traditional apartment housing.
Trying to force these properties into a binary choice between “apartment” and “hotel” ignores the reality of how they were built and used. Bill 88 recognizes that Maui’s zoning code needs a better fit for this specific category of property.
Maui absolutely needs housing solutions. However, Bill 88 is not about creating new visitor accommodations or expanding short-term rental opportunities. It is about ensuring that longstanding visitor accommodation uses are placed into a zoning category that more accurately reflects their historical and operational reality. Modernizing the County’s zoning code in this way does not prevent Maui County from continuing to pursue workforce housing, infrastructure planning, affordable housing investment, or other long-term housing policies. Rather, it provides greater consistency, clarity, and stability.
Maui needs thoughtful housing policy, but it also needs economic stability, legal clarity, and honest land-use planning.
Bill 88 is not a giveaway. It is not an expansion. It is a zoning correction.
I strongly oppose all rezoning actions affecting properties served by the Kīhei Wastewater Reclamation Facility, as well as rezoning actions involving Maʻalaea condo properties dependent on onsite wastewater systems, while serious permit compliance and ocean safety concerns remain unresolved.
Extensive recent public testimony has increasingly revealed what appears to be a disturbing pattern of institutional ignorance regarding wastewater disinfection capacity, permit obligations, marine ecosystem protection, and unmet public health responsibilities.
Testimony before this Council has repeatedly demonstrated that critical wastewater safety concerns were either not understood, inaccurately communicated, minimized, or effectively ignored while rezoning actions continue to move forward.
Bill 88 is not merely an unrelated planning issue. It is a public health, environmental compliance, constitutional public trust, and governmental duty-of-care catastrophe in which the government is neglecting legal obligations that are almost certainly making both locals and tourists sick (or worse), while legally placing those same taxpayers in a position to pay for the resultant financial liabilities.
The underlying wastewater systems remain under active scrutiny for lack of basic sanitation, noncompliance with public perceptions of ocean safety, permit requirements continue being unmet, disputed or ignored, and basic wastewater sanitation protections that residents and visitors reasonably assume have always been in place are not occurring.
In South Maui, ocean users enter the water near Cove Park believing that sewage-derived pathogens are being responsibly controlled before wastewater reaches groundwater-connected marine environments. Yet disinfection practices and wastewater compliance concerns remain deeply persistent in systems directly connected to heavily used recreational waters.
Meanwhile, in Maʻalaea, rezoning actions tied to condos discharging into onsite wastewater systems raise equally serious concerns where wastewater handling limitations and permit obligations remain unresolved. It makes no sense to give these complexes a pass on unmet permit requirements for groundwater effluent discharges, functionally equivalent to a direct ocean discharge, that can carry up to $25,000 per day fines per injection well, for whatever profit is being made on some STRs, while exposing those same guests to the risks of their own waste in the ocean right outside their window.
Under Article XI of the Constitution of the State of Hawaiʻi, the County has an *affirmative* constitutional duty to protect Hawaiʻi’s natural resources and public trust assets, including coastal waters, reefs, fisheries, groundwater resources, and marine ecosystems.
The United States Supreme Court’s County of Maui v. Hawaii Wildlife Fund made clear that groundwater-connected wastewater discharges reaching the ocean carry direct legal significance.
At some point, continued governmental awareness of unresolved wastewater risks coupled with affirmative rezoning actions connected to the same properties may create substantial legal exposure, including potential claims by those injured or survivors of loved ones who may actually perish by infectious disease contracted from uncontrolled pathogens involving arbitrary and capricious decision-making, failure of public trust duties, negligence theories, environmental enforcement exposure, and foreseeable harm to public resources and ocean users.
A future jury may not look favorably upon evidence suggesting that elected or non-elected officials knowingly reinforced the public perception that wastewater systems and ocean-connected discharges were safe by passing Bill 88, while unresolved compliance failures persisted beneath the surface, when the same government’s actions are simultaneously being used to support rezoning decisions benefiting visitor accommodations and transient rental activity tied to those very systems.
If foreseeable harm ultimately occurs, plaintiffs may ask whether officials merely made unconnected policy mistakes, or whether known risks to residents, tourists, marine ecosystems, and ocean users were consciously concealed despite repeated warnings and public testimony. Depending on facts established in any potential future proceeding, such allegations could potentially extend beyond civil liability theories into questions of gross negligence or even criminal negligence in any case where avoidable and foreseeable wrongful death may occur.
This testimony comprises *formal* notice of such potential liability for all involved in any passage of Bill 88.
This bill is not safe or fair for local residents, marine life, or the millions of visitors who reasonably assume Maui’s coastal waters are being responsibly protected, until wastewater permit requirements — and connected reasonable expectations for basic sanitation discharging into the ocean waters so many travel so far to enjoy — are being met 100%.
At minimum, this body should first require:
1. verified wastewater permit compliance,
2. demonstrated adherence to ocean recreation sanitation expectations,
3. credible protection of ocean users, and
4. defensible findings that public trust resources will not be further harmed.
Rezoning should not move ahead of environmental and wastewater permit requirement compliance realities.
Members should consider themselves duly noticed: effectively normalizing gross wastewater permit requirement noncompliance with rezoning measures that cognitively sweep these grave concerns under the rug do not make them go away. These compounding factors
may very well increase the scale of financial liabilities to us taxpayers (or the length of prison terms for demonstrably negligent public figures) in any case in which a life is lost as a result of exposure to unpermitted groundwater effluent pathogen releases.
Mahalo for your service; please do not pass this bill.
I support Bill 88 and the creation of the H-3 and H-4 zoning districts.
Many long-established resort properties on Maui, including communities such as Wailea Ekahi, have operated as visitor accommodations for decades and were originally developed for that purpose. Creating zoning classifications that more accurately reflect the historical and actual use of these properties is a reasonable and practical approach.
I also support efforts to address Maui’s housing needs, while recognizing that long-standing visitor accommodations in resort areas are different from residential workforce housing.
RE: Bill 88, I support passage of this. Send it on to the County Council for their approval. in December when the County Council members approved the proposed Bill 9, the Council wanted to support the TIG recommendations with the creation of new H-3 and H-4 zones. The HLU committee need to pass this along to the Council for their consideration. Thank You
Aloha Chair and members of the Maui County Council
I wish to respectfully testify in favor of Bill 88, as the owner of two beachfront condos which each have just one parking spot available and which each have the primary bedroom as a loft style, with any noises emanating from the kitchen/living room, I do not feel that these condos are appropriate or designed for long term use by families. I do however feel that they provide excellent lodgings for families who could not begin to stay in a hotel and to have every meal in restaurants. I feel that taking away str condos will only succeed in making hotel owners wealthier. We pay enormous property taxes and obviously that would have to change if the right to str is taken away. I hope you will consider my testimony and keep STR. Our property happens to be in Kihei.
Mahalo
When resort properties were built specifically for vacation rental, there was no applicable zoning for them. Therefore, post facto, the Minatoya list was created. It is time to establish proper zoning categories for these properties, which are the proposed H3 and H4. I urge passage of Bill 88.
WRITTEN TESTIMONY IN SUPPORT OF BILL 88 (Resolution 25-230-FD1)
Housing & Land Use Committee Meeting
Submitted by: Brian Paris, Maui County Resident
To the Honorable Chair Nohelani Uʻu-Hodgins and Members of the Housing and Land Use Committee:
My name is Brian Paris and I am a Maui County resident writing in support of Bill 88.
The H-3 and H-4 zoning districts are a sensible, narrowly tailored solution for properties that have operated legally for decades, contributed transient accommodations tax revenue to the County, and are not realistic candidates for residential conversion. The TIG — a body this Council empaneled — unanimously recommended this framework. I urge the Committee to honor that recommendation and advance Bill 88.
Maui needs both housing and a healthy visitor economy. Bill 88 moves us toward both.
Respectfully submitted,
Brian Paris
Aloha Chair and Members of the Maui County Council,
My name is Emily Rogers, and I respectfully submit this testimony in support of Bill 88 and the establishment of the proposed H-3 and H-4 zoning districts. I am both a licensed Realtor with Whalers Investment Group and the owner of Icculus Services, a housekeeping company that services visitor accommodation properties in West Maui.
From both a real estate and local business perspective, the creation of the H-3 and H-4 districts is critically important because these zoning classifications more accurately reflect the longstanding legal and historical use of many existing properties throughout Maui.
For decades, properties across Maui have legally operated as visitor accommodations under the County’s interpretation and administration of apartment zoning. Buyers purchased these units specifically because they were understood to be lawful transient vacation properties. Owners, businesses, employees, lenders, and service providers have all relied on that longstanding legal framework for generations.
The proposed H-3 and H-4 districts simply acknowledge the reality of how these properties were built, sold, operated, and regulated for approximately 50 years. Establishing zoning districts that accurately reflect the actual legal use of these properties is both reasonable and necessary.
As the owner of a local housekeeping company, I also see firsthand how many local jobs and small businesses depend on these visitor properties. Housekeepers, maintenance workers, vendors, cleaners, contractors, landscapers, and countless other local workers rely on the continued operation of these properties. These are real Maui residents and local families whose livelihoods are directly connected to the visitor industry.
Importantly, the creation of the H-3 and H-4 districts should not be tied to additional stipulations, concessions, or new burdens placed on existing lawful properties. The purpose of Bill 88 should be to establish zoning classifications that accurately reflect longstanding lawful use, not to impose new conditions on properties that have operated legally for decades under County oversight.
I respectfully urge the Council to support Bill 88 and establish the H-3 and H-4 zoning districts without additional conditions or stipulations.
Mahalo for your time and consideration.
Emily Rogers
Licensed Realtor, Whalers Investment Group
Owner, Icculus Services
Dear Chair and Members of the Maui County Council,
I am writing in strong support of Bill 88 and respectfully urge the Council to pass this important measure. As an off-island condominium owner in Maui County, I believe Bill 88 provides a balanced, practical, and economically responsible path forward following the passage of Bill 9.
The creation of two new hotel zones recognizes an important reality: many existing short-term rental properties were legally established, have operated responsibly for decades, and are deeply integrated into Maui’s visitor economy. Bill 88 helps preserve stability for property owners, local workers, visitors, and small businesses while still allowing the County to thoughtfully manage land use and housing policy.
Many off-island owners like myself are not large corporations or speculative investors. We are individuals and families who made long-term commitments to Maui, pay substantial property taxes, support local vendors and contractors, employ local cleaners and maintenance professionals, and contribute significantly to the County’s economy. The uncertainty created after Bill 9 has impacted not only owners, but also the many Maui residents whose livelihoods depend on the visitor accommodations industry.
Bill 88 offers a reasonable compromise. By establishing clear hotel zoning for appropriate areas, the County can preserve existing visitor inventory in locations historically used for tourism while better protecting residential neighborhoods where short-term rentals may be incompatible. This targeted approach is far more effective than broad restrictions that risk unintended economic harm.
Visitors who stay in condominium short-term rentals contribute meaningfully to Maui’s economy. They support local restaurants, grocery stores, activity providers, retail businesses, and cultural experiences throughout the island. Removing a substantial portion of these accommodations could reduce tourism capacity, increase prices for visitors, and negatively affect local employment and tax revenues at a time when Maui continues to recover economically.
Importantly, Bill 88 also respects property rights and the expectations of owners who purchased and maintained properties under longstanding legal frameworks. Responsible owners who have complied with County rules should not suddenly face the loss of lawful use without a fair and workable transition.
I fully support thoughtful efforts to address Maui’s housing challenges, but those solutions should focus on increasing workforce housing supply, improving infrastructure, and encouraging appropriately planned development rather than eliminating long-established visitor accommodations that are already part of Maui’s economic fabric.
Bill 88 represents a balanced and constructive solution that acknowledges both the need for housing protections and the importance of sustaining Maui’s tourism-based economy. I respectfully ask the Council to support this measure and provide certainty, fairness, and stability for the community, workers, residents, and property owners alike.
Mahalo for your consideration and for your continued service to Maui County.
Sincerely,
Debbie Barba
My name is Arthur Sullivan and I own a condominium in Grand Cahmpions, part of the Mintoya List. While I don't support Bill 9 for several reasons I do believe the creation of H3 & H4 zones for the majority of the units affected by Bill 9 is a reasonable compromise. Like all compromises, the new zoning will not satisfy 100% of either side of the Bill 9 argument. However, it is a path to ensure owners in communities like ours can continue to rent short term, which was our legal rightr when we purchased, without the delay and cost both sides will absorb in the likely event of prolonged litigation. Thank you.
Dear Chair U‘u-Hodgins, Vice Chair Batangan, and members of the Housing and Land Use Committee:
We are owners of a condo at Papakea Resort that is currently zoned A2/H2 and which is identified on Exhibit 2 from the October 13, 2025 Temporary Investigative Group report analyzing Bill 9. We support passage of Bill 88 to create new H3 and H4 zoning districts that are “like-for-like” with the A1 and A2 development standards and believe supporting the TIG recommendations provides the best opportunity for Maui County to move forward, remove ambiguity, minimize legal risk, and support local workers. Mahalo for your consideration.
Ben & Lisa Davoren
Aloha Chair and Members of the Maui County Council,
My name is Thom Rogers, and I respectfully submit this testimony in support of Bill 88 and the establishment of the proposed H-3 and H-4 zoning districts.
The proposed H-3 and H-4 zones are an important and necessary step toward aligning Maui County zoning with the actual historical and legal use of many existing properties throughout Maui that have operated as visitor accommodations for decades.
For approximately 50 years, numerous properties across Maui have legally operated as transient vacation accommodations under the County’s longstanding interpretation and application of apartment zoning. These properties were specifically developed, marketed, sold, financed, and operated for visitor use. Owners purchased these units in reliance on the County’s longstanding acceptance of that use.
The proposed H-3 and H-4 districts recognize this longstanding reality by creating zoning classifications that more accurately reflect how these properties have legally operated for generations. Rather than attempting to force fundamentally visitor-oriented properties into residential classifications that do not reflect their historical purpose or actual use, Bill 88 provides a rational land-use framework that acknowledges Maui’s unique development history.
Importantly, the creation of the H-3 and H-4 zoning districts should not be conditioned on additional unrelated stipulations, concessions, or burdens placed upon existing lawful properties. These properties have already operated legally for decades under County oversight and regulation. The purpose of Bill 88 should be to accurately align zoning classifications with longstanding lawful use — not to create new obstacles, penalties, or requirements for properties that have relied on County land-use policy for generations.
The County should establish these zoning districts cleanly and clearly so that longstanding lawful visitor properties finally have zoning classifications that accurately reflect their intended and historical use.
I respectfully urge the Council to support Bill 88 and the creation of the H-3 and H-4 zoning districts without additional stipulations or conditions.
Dear Chair U‘u-Hodgins, Vice Chair Batangan, and members of the Housing and Land Use Committee:
I own a condo that is currently zoned A2/H2 that is identified on Exhibit 2 from the October 13, 2025 Temporary Investigative Group report. I support passage of Bill 88 clean to create new H3 and H4 zoning districts that are “like-for-like” with the A1 and A2 development standards. During deliberations on Bill 9, at least 7 councilmembers specifically expressed support for the creation of these new zoning districts. Now that Bill 9 is passed, the time has come for those councilmembers who expressed support for creation of H3 and H4 zones to vote yes and pass Bill 88 clean.
Rich and Rachel Vigil
2191 S Kihei Rd
Kihei, HI 96753
Dear Councilmembers,
I am writing in support of amending the comprehensive zoning ordinance to establish the H-3 and H-4 hotel districts.
When Mayor Bissen introduced bill 9, he stated goal was to “revert” short-term rentals back to their intended use as workforce housing. However, this is not factually accurate. My condo—along with thousands of others on the Minatoya list—was never designed, marketed, or intended as workforce housing. These complexes were built as resort-oriented condominiums specifically for tourism.
We purchased our property legally, under long-standing County rules, and have operated it lawfully as a short-term rental. Removing this legal use after decades of reliance constitutes a constitutional taking under vested-rights and due-process and will inevitably be litigated. During years of legal battles, buyers will be unable to obtain financing, freezing the real estate market, harming local owners, and destabilizing property values.
Our unit directly supports multiple local families—cleaners, maintenance professionals, landscapers, tradespeople, and service providers. Eliminating approximately 6,000 legal STR units will cause severe job losses, close small businesses, and inflict deep economic harm on the very local families this bill claims to help. Independent economic analyses (e.g., UHERO) project billions in lost GDP and thousands of island wide job losses.
The County will also lose tens of millions in legally paid taxes—TAT, GET, property taxes, and licensing revenue. This budget loss will significantly impact Maui’s ability to fund essential services during a time when recovery and rebuilding are critically needed.
If the proposed H-3 and H-4 zoning is approved, the above-mentioned impacts of bill 9 can be minimized.
For these reasons, I respectfully urge the Council to vote YES on amending the comprehensive zoning ordinance to establish the H-3 and H-4 hotel districts and pursue balanced, data-driven policy that preserves local jobs, County revenue, and lawful property rights while still supporting Maui’s long-term housing goals.
We strongly support Bill 88. For decades the zoning has been inaccurate and needs updating. This bill will allow the Council and Mayor to correct past zoning mistakes. Many of the condo properties, especially in South Kihei, were designed and built for tourist rentals, but were zoned apartment for expediency.
Please vote in favor if the new H3 H4 zoning categories in Bill 88.
Regards,
Fely and Kevin Krewell
Maui Kamaole, #c108
Aloha, I wanted to voice my support for Resolution 25-230, now formally known as Bill 88, There are many properties on the Minatoya list that would be very difficult to rent for the long term. I understand the need for more housing that is affordable but there are better ways to accomplish this.
I am a full time Hawaii resident and Maui condo owner testifying in support of Bill 88 (Resolution 25-230).
Our unit was built and legally intended for transient visitor over 40 years ago and intended to be part of Maui’s visitor accommodation infrastructure. The zoning, design, and purpose have long supported tourism, a key part of Maui’s economy.
Bill 88 offers an opportunity to bring clarity and consistency to zoning that reflects this longstanding reality. Clear zoning benefits both property owners operating in good faith and Maui County overall.
These units generate significant property tax and transient accommodations tax (TAT) revenue that supports county services, infrastructure, and community needs. Losing that revenue without creating meaningful long-term housing supply could worsen Maui County’s financial challenges.
Simply put:
These units already exist
They already serve a defined purpose
They already contribute significantly to the County’s tax base
Many of these properties were not designed, located, or priced for long-term residential housing. Removing their intended use without appropriate rezoning may reduce revenue for the county without substantially improving housing availability.
Maui’s housing needs are important and urgent, but solutions should be targeted and strategic rather than disrupting long-standing lawful uses and weakening the local economy.
Bill 88 is a practical step toward:
Aligning zoning with historical use
Preserving essential tax revenue
Providing certainty for property owners and the community
I am writing as the owner of a condo currently zoned A2/H2 and identified on Exhibit 2 of the October 13, 2025 Temporary Investigative Group report. It was built in 1974, and came complete with all furnishings - including furniture, kitchenware (dishes, pots & pans, toasters, etc.) These were built as vacation rentals, not workforce housing. Workforce housing does not include these items. We have legally rented out our unit for short term rentals since our purchase in 1984 (42 years); and now spend about 6 months a year in it, renting it out the remained of the time. We do not have 6 contiguous month periods of time where we could possibly rent it "long term". We have spent hundreds of thousands of dollars in Maui for upkeep, maintenance, remodeling, furniture, cars. etc. Basically, almost every dollar earned on renting the condo gets spent in Maui. (Aside from the mortgage which we had to get privately outside of Maui as no Hawaiian banks would make a loan on our complex as there were only a few full time residents.) Not to mention transient and excise taxes on the rentals, and the exorbitant property taxes we must pay due to the short term rental status.
I strongly support the passage of Bill 88, clean and without amendments, as recommended by the TIG, to establish the H3 and H4 zoning districts as true “like-for-like” replacements for the existing A1 and A2 development standards.
During Council’s deliberations on Bill 9, there was clear and repeated support expressed by several Council members—at least seven specifically acknowledged support for creating H3 and H4 zoning districts. Those discussions gave property owners reason to believe there was a shared understanding and commitment to ensuring continuity and fairness through this transition. I have listened to all the hearings held on this and the SB9 topics. The three planning commissions which recommended denial did not show understanding of the purpose of the zoning, or how it would work. And the planning staff did not correct their misunderstanding and/or misstatements.
Now that Bill 9 has passed, this is the moment to act on those commitments. Property owners should be able to rely on the positions and assurances expressed during public deliberations. The creation of H3 and H4 zoning districts was discussed as an important part of the overall framework, and moving forward with Bill 88 clean would provide the consistency and certainty many residents expected.
For homeowners and residents, zoning decisions are not abstract policy discussions—they directly affect our investments, future planning, and confidence in the process. Passing Bill 88 as originally proposed would help preserve trust and demonstrate that Council follows through on publicly stated intentions.
I respectfully encourage Council, particularly those members who previously voiced support for H3 and H4 zoning districts, to support Bill 88 and vote yes. Doing so would reinforce transparency, consistency, and fairness for the community and property owners affected.
Thank you for your consideration and service to our community.
Sincerely,
Mark and Brenda Lane
Owners - Hale Kamaole in Kihei (on Exhibit 2)
Testimony Opposing Harmful Restrictions Under Bill 88 (2026) – HLU-16
Aloha Chair and Members of the Council,
My family has owned our Maui vacation condominium for more than 40 years. Over those decades, Maui has become part of our lives, our memories, and our commitment to the island community.
We respectfully ask that you consider the significant impact Bill 88 (2026), regarding the proposed H-3 and H-4 Hotel District changes, could have on long-time property owners like us who responsibly rent our units.
Our condominium is centrally located near the marina, restaurants, and the public aquarium, making it an ideal location for visitors who support nearby local businesses. The guests who stay in our unit contribute directly to Maui’s economy by dining locally, shopping locally, booking excursions, and supporting small businesses throughout the area.
The rental income we receive is not excessive profit. It helps us cover:
Rising property taxes
HOA dues
Insurance
Repairs and maintenance costs
In addition, our vacation rental supports local employment. We hire local housecleaners, maintenance workers, contractors, landscapers, and service providers who rely on this income to support their families. Restricting or eliminating lawful vacation rentals would financially impact not only owners, but also many Maui residents who work within this industry.
We have always tried to be respectful and responsible owners. We care deeply about preserving Maui’s beauty and supporting the local community while continuing to responsibly maintain our property.
We respectfully urge the Council to protect long-time lawful vacation rental owners and avoid broad zoning changes that could create severe financial hardship for families like ours while also reducing income opportunities for local workers and businesses.
Please consider balanced solutions that preserve tourism, local jobs, responsible ownership, and the economic stability that many residents and small property owners depend upon.
Aloha Chair, Vice Chair and Members of the Housing and Land Use Committee,
On behalf of the Maui Vacation Rental Association, I am writing in support of Bill 88, establishing the H3/H4 zoning districts.
At this stage in the process, the committee understands why we are here. The question before you is not whether Maui needs housing. We do. The question is whether Maui County’s zoning code should accurately reflect long-standing, lawfully established visitor accommodation uses without creating broader or unintended new rights.
Bill 88 is a practical and necessary zoning tool.
Opponents have argued that property owners already have the ability to apply for rezoning. Technically, that is true. But under the current structure, the available hotel zoning districts — H1 and H2 — do not simply recognize existing transient vacation rental use. They may expand what a property is allowed to do.
That is the problem Bill 88 is trying to solve.
Following the TIG recommendations, there was broad recognition that additional zoning legislation would be necessary to address longstanding visitor accommodation uses in a more precise and internally consistent manner. During the Bill 9 process, the Council intentionally moved forward with Bill 9 first while acknowledging that follow-up zoning work would still be needed. Bill 88 is the continuation of that process.
H3/H4 provides a more precise, like-for-like zoning option that can modernize the code without opening the door to new or expanded short-term rental opportunities. This is not about creating new STR inventory. It is about creating a zoning category that more accurately aligns with existing use.
Opponents have also argued that some of these properties “act like hotels,” while others do not. That is exactly why a more precise zoning category is needed. These properties are not traditional hotels. They are resort-style condominium communities, many of which were designed, marketed, financed, insured, taxed, and operated for transient accommodations for decades.
They are also not traditional apartment housing.
Trying to force these properties into a binary choice between “apartment” and “hotel” ignores the reality of how they were built and used. Bill 88 recognizes that Maui’s zoning code needs a better fit for this specific category of property.
Maui absolutely needs housing solutions. However, Bill 88 is not about creating new visitor accommodations or expanding short-term rental opportunities. It is about ensuring that longstanding visitor accommodation uses are placed into a zoning category that more accurately reflects their historical and operational reality. Modernizing the County’s zoning code in this way does not prevent Maui County from continuing to pursue workforce housing, infrastructure planning, affordable housing investment, or other long-term housing policies. Rather, it provides greater consistency, clarity, and stability.
Maui needs thoughtful housing policy, but it also needs economic stability, legal clarity, and honest land-use planning.
Bill 88 is not a giveaway. It is not an expansion. It is a zoning correction.
Chair and Members,
I strongly oppose all rezoning actions affecting properties served by the Kīhei Wastewater Reclamation Facility, as well as rezoning actions involving Maʻalaea condo properties dependent on onsite wastewater systems, while serious permit compliance and ocean safety concerns remain unresolved.
Extensive recent public testimony has increasingly revealed what appears to be a disturbing pattern of institutional ignorance regarding wastewater disinfection capacity, permit obligations, marine ecosystem protection, and unmet public health responsibilities.
Testimony before this Council has repeatedly demonstrated that critical wastewater safety concerns were either not understood, inaccurately communicated, minimized, or effectively ignored while rezoning actions continue to move forward.
Bill 88 is not merely an unrelated planning issue. It is a public health, environmental compliance, constitutional public trust, and governmental duty-of-care catastrophe in which the government is neglecting legal obligations that are almost certainly making both locals and tourists sick (or worse), while legally placing those same taxpayers in a position to pay for the resultant financial liabilities.
The underlying wastewater systems remain under active scrutiny for lack of basic sanitation, noncompliance with public perceptions of ocean safety, permit requirements continue being unmet, disputed or ignored, and basic wastewater sanitation protections that residents and visitors reasonably assume have always been in place are not occurring.
In South Maui, ocean users enter the water near Cove Park believing that sewage-derived pathogens are being responsibly controlled before wastewater reaches groundwater-connected marine environments. Yet disinfection practices and wastewater compliance concerns remain deeply persistent in systems directly connected to heavily used recreational waters.
Meanwhile, in Maʻalaea, rezoning actions tied to condos discharging into onsite wastewater systems raise equally serious concerns where wastewater handling limitations and permit obligations remain unresolved. It makes no sense to give these complexes a pass on unmet permit requirements for groundwater effluent discharges, functionally equivalent to a direct ocean discharge, that can carry up to $25,000 per day fines per injection well, for whatever profit is being made on some STRs, while exposing those same guests to the risks of their own waste in the ocean right outside their window.
Under Article XI of the Constitution of the State of Hawaiʻi, the County has an *affirmative* constitutional duty to protect Hawaiʻi’s natural resources and public trust assets, including coastal waters, reefs, fisheries, groundwater resources, and marine ecosystems.
The United States Supreme Court’s County of Maui v. Hawaii Wildlife Fund made clear that groundwater-connected wastewater discharges reaching the ocean carry direct legal significance.
At some point, continued governmental awareness of unresolved wastewater risks coupled with affirmative rezoning actions connected to the same properties may create substantial legal exposure, including potential claims by those injured or survivors of loved ones who may actually perish by infectious disease contracted from uncontrolled pathogens involving arbitrary and capricious decision-making, failure of public trust duties, negligence theories, environmental enforcement exposure, and foreseeable harm to public resources and ocean users.
A future jury may not look favorably upon evidence suggesting that elected or non-elected officials knowingly reinforced the public perception that wastewater systems and ocean-connected discharges were safe by passing Bill 88, while unresolved compliance failures persisted beneath the surface, when the same government’s actions are simultaneously being used to support rezoning decisions benefiting visitor accommodations and transient rental activity tied to those very systems.
If foreseeable harm ultimately occurs, plaintiffs may ask whether officials merely made unconnected policy mistakes, or whether known risks to residents, tourists, marine ecosystems, and ocean users were consciously concealed despite repeated warnings and public testimony. Depending on facts established in any potential future proceeding, such allegations could potentially extend beyond civil liability theories into questions of gross negligence or even criminal negligence in any case where avoidable and foreseeable wrongful death may occur.
This testimony comprises *formal* notice of such potential liability for all involved in any passage of Bill 88.
This bill is not safe or fair for local residents, marine life, or the millions of visitors who reasonably assume Maui’s coastal waters are being responsibly protected, until wastewater permit requirements — and connected reasonable expectations for basic sanitation discharging into the ocean waters so many travel so far to enjoy — are being met 100%.
At minimum, this body should first require:
1. verified wastewater permit compliance,
2. demonstrated adherence to ocean recreation sanitation expectations,
3. credible protection of ocean users, and
4. defensible findings that public trust resources will not be further harmed.
Rezoning should not move ahead of environmental and wastewater permit requirement compliance realities.
Members should consider themselves duly noticed: effectively normalizing gross wastewater permit requirement noncompliance with rezoning measures that cognitively sweep these grave concerns under the rug do not make them go away. These compounding factors
may very well increase the scale of financial liabilities to us taxpayers (or the length of prison terms for demonstrably negligent public figures) in any case in which a life is lost as a result of exposure to unpermitted groundwater effluent pathogen releases.
Mahalo for your service; please do not pass this bill.
Aloha
Aloha Chair and Committee Members,
I support Bill 88 and the creation of the H-3 and H-4 zoning districts.
Many long-established resort properties on Maui, including communities such as Wailea Ekahi, have operated as visitor accommodations for decades and were originally developed for that purpose. Creating zoning classifications that more accurately reflect the historical and actual use of these properties is a reasonable and practical approach.
I also support efforts to address Maui’s housing needs, while recognizing that long-standing visitor accommodations in resort areas are different from residential workforce housing.
Mahalo for your time and consideration.
Yvette Morgenlaender
RE: Bill 88, I support passage of this. Send it on to the County Council for their approval. in December when the County Council members approved the proposed Bill 9, the Council wanted to support the TIG recommendations with the creation of new H-3 and H-4 zones. The HLU committee need to pass this along to the Council for their consideration. Thank You
Aloha Chair and members of the Maui County Council
I wish to respectfully testify in favor of Bill 88, as the owner of two beachfront condos which each have just one parking spot available and which each have the primary bedroom as a loft style, with any noises emanating from the kitchen/living room, I do not feel that these condos are appropriate or designed for long term use by families. I do however feel that they provide excellent lodgings for families who could not begin to stay in a hotel and to have every meal in restaurants. I feel that taking away str condos will only succeed in making hotel owners wealthier. We pay enormous property taxes and obviously that would have to change if the right to str is taken away. I hope you will consider my testimony and keep STR. Our property happens to be in Kihei.
Mahalo
I support this.
When resort properties were built specifically for vacation rental, there was no applicable zoning for them. Therefore, post facto, the Minatoya list was created. It is time to establish proper zoning categories for these properties, which are the proposed H3 and H4. I urge passage of Bill 88.
WRITTEN TESTIMONY IN SUPPORT OF BILL 88 (Resolution 25-230-FD1)
Housing & Land Use Committee Meeting
Submitted by: Brian Paris, Maui County Resident
To the Honorable Chair Nohelani Uʻu-Hodgins and Members of the Housing and Land Use Committee:
My name is Brian Paris and I am a Maui County resident writing in support of Bill 88.
The H-3 and H-4 zoning districts are a sensible, narrowly tailored solution for properties that have operated legally for decades, contributed transient accommodations tax revenue to the County, and are not realistic candidates for residential conversion. The TIG — a body this Council empaneled — unanimously recommended this framework. I urge the Committee to honor that recommendation and advance Bill 88.
Maui needs both housing and a healthy visitor economy. Bill 88 moves us toward both.
Respectfully submitted,
Brian Paris
Aloha Chair and Members of the Maui County Council,
My name is Emily Rogers, and I respectfully submit this testimony in support of Bill 88 and the establishment of the proposed H-3 and H-4 zoning districts. I am both a licensed Realtor with Whalers Investment Group and the owner of Icculus Services, a housekeeping company that services visitor accommodation properties in West Maui.
From both a real estate and local business perspective, the creation of the H-3 and H-4 districts is critically important because these zoning classifications more accurately reflect the longstanding legal and historical use of many existing properties throughout Maui.
For decades, properties across Maui have legally operated as visitor accommodations under the County’s interpretation and administration of apartment zoning. Buyers purchased these units specifically because they were understood to be lawful transient vacation properties. Owners, businesses, employees, lenders, and service providers have all relied on that longstanding legal framework for generations.
The proposed H-3 and H-4 districts simply acknowledge the reality of how these properties were built, sold, operated, and regulated for approximately 50 years. Establishing zoning districts that accurately reflect the actual legal use of these properties is both reasonable and necessary.
As the owner of a local housekeeping company, I also see firsthand how many local jobs and small businesses depend on these visitor properties. Housekeepers, maintenance workers, vendors, cleaners, contractors, landscapers, and countless other local workers rely on the continued operation of these properties. These are real Maui residents and local families whose livelihoods are directly connected to the visitor industry.
Importantly, the creation of the H-3 and H-4 districts should not be tied to additional stipulations, concessions, or new burdens placed on existing lawful properties. The purpose of Bill 88 should be to establish zoning classifications that accurately reflect longstanding lawful use, not to impose new conditions on properties that have operated legally for decades under County oversight.
I respectfully urge the Council to support Bill 88 and establish the H-3 and H-4 zoning districts without additional conditions or stipulations.
Mahalo for your time and consideration.
Emily Rogers
Licensed Realtor, Whalers Investment Group
Owner, Icculus Services
Dear Chair and Members of the Maui County Council,
I am writing in strong support of Bill 88 and respectfully urge the Council to pass this important measure. As an off-island condominium owner in Maui County, I believe Bill 88 provides a balanced, practical, and economically responsible path forward following the passage of Bill 9.
The creation of two new hotel zones recognizes an important reality: many existing short-term rental properties were legally established, have operated responsibly for decades, and are deeply integrated into Maui’s visitor economy. Bill 88 helps preserve stability for property owners, local workers, visitors, and small businesses while still allowing the County to thoughtfully manage land use and housing policy.
Many off-island owners like myself are not large corporations or speculative investors. We are individuals and families who made long-term commitments to Maui, pay substantial property taxes, support local vendors and contractors, employ local cleaners and maintenance professionals, and contribute significantly to the County’s economy. The uncertainty created after Bill 9 has impacted not only owners, but also the many Maui residents whose livelihoods depend on the visitor accommodations industry.
Bill 88 offers a reasonable compromise. By establishing clear hotel zoning for appropriate areas, the County can preserve existing visitor inventory in locations historically used for tourism while better protecting residential neighborhoods where short-term rentals may be incompatible. This targeted approach is far more effective than broad restrictions that risk unintended economic harm.
Visitors who stay in condominium short-term rentals contribute meaningfully to Maui’s economy. They support local restaurants, grocery stores, activity providers, retail businesses, and cultural experiences throughout the island. Removing a substantial portion of these accommodations could reduce tourism capacity, increase prices for visitors, and negatively affect local employment and tax revenues at a time when Maui continues to recover economically.
Importantly, Bill 88 also respects property rights and the expectations of owners who purchased and maintained properties under longstanding legal frameworks. Responsible owners who have complied with County rules should not suddenly face the loss of lawful use without a fair and workable transition.
I fully support thoughtful efforts to address Maui’s housing challenges, but those solutions should focus on increasing workforce housing supply, improving infrastructure, and encouraging appropriately planned development rather than eliminating long-established visitor accommodations that are already part of Maui’s economic fabric.
Bill 88 represents a balanced and constructive solution that acknowledges both the need for housing protections and the importance of sustaining Maui’s tourism-based economy. I respectfully ask the Council to support this measure and provide certainty, fairness, and stability for the community, workers, residents, and property owners alike.
Mahalo for your consideration and for your continued service to Maui County.
Sincerely,
Debbie Barba
My name is Arthur Sullivan and I own a condominium in Grand Cahmpions, part of the Mintoya List. While I don't support Bill 9 for several reasons I do believe the creation of H3 & H4 zones for the majority of the units affected by Bill 9 is a reasonable compromise. Like all compromises, the new zoning will not satisfy 100% of either side of the Bill 9 argument. However, it is a path to ensure owners in communities like ours can continue to rent short term, which was our legal rightr when we purchased, without the delay and cost both sides will absorb in the likely event of prolonged litigation. Thank you.
Dear Chair U‘u-Hodgins, Vice Chair Batangan, and members of the Housing and Land Use Committee:
We are owners of a condo at Papakea Resort that is currently zoned A2/H2 and which is identified on Exhibit 2 from the October 13, 2025 Temporary Investigative Group report analyzing Bill 9. We support passage of Bill 88 to create new H3 and H4 zoning districts that are “like-for-like” with the A1 and A2 development standards and believe supporting the TIG recommendations provides the best opportunity for Maui County to move forward, remove ambiguity, minimize legal risk, and support local workers. Mahalo for your consideration.
Ben & Lisa Davoren
Aloha Chair and Members of the Maui County Council,
My name is Thom Rogers, and I respectfully submit this testimony in support of Bill 88 and the establishment of the proposed H-3 and H-4 zoning districts.
The proposed H-3 and H-4 zones are an important and necessary step toward aligning Maui County zoning with the actual historical and legal use of many existing properties throughout Maui that have operated as visitor accommodations for decades.
For approximately 50 years, numerous properties across Maui have legally operated as transient vacation accommodations under the County’s longstanding interpretation and application of apartment zoning. These properties were specifically developed, marketed, sold, financed, and operated for visitor use. Owners purchased these units in reliance on the County’s longstanding acceptance of that use.
The proposed H-3 and H-4 districts recognize this longstanding reality by creating zoning classifications that more accurately reflect how these properties have legally operated for generations. Rather than attempting to force fundamentally visitor-oriented properties into residential classifications that do not reflect their historical purpose or actual use, Bill 88 provides a rational land-use framework that acknowledges Maui’s unique development history.
Importantly, the creation of the H-3 and H-4 zoning districts should not be conditioned on additional unrelated stipulations, concessions, or burdens placed upon existing lawful properties. These properties have already operated legally for decades under County oversight and regulation. The purpose of Bill 88 should be to accurately align zoning classifications with longstanding lawful use — not to create new obstacles, penalties, or requirements for properties that have relied on County land-use policy for generations.
The County should establish these zoning districts cleanly and clearly so that longstanding lawful visitor properties finally have zoning classifications that accurately reflect their intended and historical use.
I respectfully urge the Council to support Bill 88 and the creation of the H-3 and H-4 zoning districts without additional stipulations or conditions.
Mahalo for your time and consideration.
Thom Rogers
General Manager
Kuleana Club
Dear Chair U‘u-Hodgins, Vice Chair Batangan, and members of the Housing and Land Use Committee:
I own a condo that is currently zoned A2/H2 that is identified on Exhibit 2 from the October 13, 2025 Temporary Investigative Group report. I support passage of Bill 88 clean to create new H3 and H4 zoning districts that are “like-for-like” with the A1 and A2 development standards. During deliberations on Bill 9, at least 7 councilmembers specifically expressed support for the creation of these new zoning districts. Now that Bill 9 is passed, the time has come for those councilmembers who expressed support for creation of H3 and H4 zones to vote yes and pass Bill 88 clean.
Thank you,
Mary DiCaro
Rich and Rachel Vigil
2191 S Kihei Rd
Kihei, HI 96753
Dear Councilmembers,
I am writing in support of amending the comprehensive zoning ordinance to establish the H-3 and H-4 hotel districts.
When Mayor Bissen introduced bill 9, he stated goal was to “revert” short-term rentals back to their intended use as workforce housing. However, this is not factually accurate. My condo—along with thousands of others on the Minatoya list—was never designed, marketed, or intended as workforce housing. These complexes were built as resort-oriented condominiums specifically for tourism.
We purchased our property legally, under long-standing County rules, and have operated it lawfully as a short-term rental. Removing this legal use after decades of reliance constitutes a constitutional taking under vested-rights and due-process and will inevitably be litigated. During years of legal battles, buyers will be unable to obtain financing, freezing the real estate market, harming local owners, and destabilizing property values.
Our unit directly supports multiple local families—cleaners, maintenance professionals, landscapers, tradespeople, and service providers. Eliminating approximately 6,000 legal STR units will cause severe job losses, close small businesses, and inflict deep economic harm on the very local families this bill claims to help. Independent economic analyses (e.g., UHERO) project billions in lost GDP and thousands of island wide job losses.
The County will also lose tens of millions in legally paid taxes—TAT, GET, property taxes, and licensing revenue. This budget loss will significantly impact Maui’s ability to fund essential services during a time when recovery and rebuilding are critically needed.
If the proposed H-3 and H-4 zoning is approved, the above-mentioned impacts of bill 9 can be minimized.
For these reasons, I respectfully urge the Council to vote YES on amending the comprehensive zoning ordinance to establish the H-3 and H-4 hotel districts and pursue balanced, data-driven policy that preserves local jobs, County revenue, and lawful property rights while still supporting Maui’s long-term housing goals.
Mahalo for your time and consideration.
Dear council members.
We strongly support Bill 88. For decades the zoning has been inaccurate and needs updating. This bill will allow the Council and Mayor to correct past zoning mistakes. Many of the condo properties, especially in South Kihei, were designed and built for tourist rentals, but were zoned apartment for expediency.
Please vote in favor if the new H3 H4 zoning categories in Bill 88.
Regards,
Fely and Kevin Krewell
Maui Kamaole, #c108
Aloha, I wanted to voice my support for Resolution 25-230, now formally known as Bill 88, There are many properties on the Minatoya list that would be very difficult to rent for the long term. I understand the need for more housing that is affordable but there are better ways to accomplish this.
Aloha Chair and Members of the Committee,
I am a full time Hawaii resident and Maui condo owner testifying in support of Bill 88 (Resolution 25-230).
Our unit was built and legally intended for transient visitor over 40 years ago and intended to be part of Maui’s visitor accommodation infrastructure. The zoning, design, and purpose have long supported tourism, a key part of Maui’s economy.
Bill 88 offers an opportunity to bring clarity and consistency to zoning that reflects this longstanding reality. Clear zoning benefits both property owners operating in good faith and Maui County overall.
These units generate significant property tax and transient accommodations tax (TAT) revenue that supports county services, infrastructure, and community needs. Losing that revenue without creating meaningful long-term housing supply could worsen Maui County’s financial challenges.
Simply put:
These units already exist
They already serve a defined purpose
They already contribute significantly to the County’s tax base
Many of these properties were not designed, located, or priced for long-term residential housing. Removing their intended use without appropriate rezoning may reduce revenue for the county without substantially improving housing availability.
Maui’s housing needs are important and urgent, but solutions should be targeted and strategic rather than disrupting long-standing lawful uses and weakening the local economy.
Bill 88 is a practical step toward:
Aligning zoning with historical use
Preserving essential tax revenue
Providing certainty for property owners and the community
Thank you for your consideration.
I am writing as the owner of a condo currently zoned A2/H2 and identified on Exhibit 2 of the October 13, 2025 Temporary Investigative Group report. It was built in 1974, and came complete with all furnishings - including furniture, kitchenware (dishes, pots & pans, toasters, etc.) These were built as vacation rentals, not workforce housing. Workforce housing does not include these items. We have legally rented out our unit for short term rentals since our purchase in 1984 (42 years); and now spend about 6 months a year in it, renting it out the remained of the time. We do not have 6 contiguous month periods of time where we could possibly rent it "long term". We have spent hundreds of thousands of dollars in Maui for upkeep, maintenance, remodeling, furniture, cars. etc. Basically, almost every dollar earned on renting the condo gets spent in Maui. (Aside from the mortgage which we had to get privately outside of Maui as no Hawaiian banks would make a loan on our complex as there were only a few full time residents.) Not to mention transient and excise taxes on the rentals, and the exorbitant property taxes we must pay due to the short term rental status.
I strongly support the passage of Bill 88, clean and without amendments, as recommended by the TIG, to establish the H3 and H4 zoning districts as true “like-for-like” replacements for the existing A1 and A2 development standards.
During Council’s deliberations on Bill 9, there was clear and repeated support expressed by several Council members—at least seven specifically acknowledged support for creating H3 and H4 zoning districts. Those discussions gave property owners reason to believe there was a shared understanding and commitment to ensuring continuity and fairness through this transition. I have listened to all the hearings held on this and the SB9 topics. The three planning commissions which recommended denial did not show understanding of the purpose of the zoning, or how it would work. And the planning staff did not correct their misunderstanding and/or misstatements.
Now that Bill 9 has passed, this is the moment to act on those commitments. Property owners should be able to rely on the positions and assurances expressed during public deliberations. The creation of H3 and H4 zoning districts was discussed as an important part of the overall framework, and moving forward with Bill 88 clean would provide the consistency and certainty many residents expected.
For homeowners and residents, zoning decisions are not abstract policy discussions—they directly affect our investments, future planning, and confidence in the process. Passing Bill 88 as originally proposed would help preserve trust and demonstrate that Council follows through on publicly stated intentions.
I respectfully encourage Council, particularly those members who previously voiced support for H3 and H4 zoning districts, to support Bill 88 and vote yes. Doing so would reinforce transparency, consistency, and fairness for the community and property owners affected.
Thank you for your consideration and service to our community.
Sincerely,
Mark and Brenda Lane
Owners - Hale Kamaole in Kihei (on Exhibit 2)
Testimony Opposing Harmful Restrictions Under Bill 88 (2026) – HLU-16
Aloha Chair and Members of the Council,
My family has owned our Maui vacation condominium for more than 40 years. Over those decades, Maui has become part of our lives, our memories, and our commitment to the island community.
We respectfully ask that you consider the significant impact Bill 88 (2026), regarding the proposed H-3 and H-4 Hotel District changes, could have on long-time property owners like us who responsibly rent our units.
Our condominium is centrally located near the marina, restaurants, and the public aquarium, making it an ideal location for visitors who support nearby local businesses. The guests who stay in our unit contribute directly to Maui’s economy by dining locally, shopping locally, booking excursions, and supporting small businesses throughout the area.
The rental income we receive is not excessive profit. It helps us cover:
Rising property taxes
HOA dues
Insurance
Repairs and maintenance costs
In addition, our vacation rental supports local employment. We hire local housecleaners, maintenance workers, contractors, landscapers, and service providers who rely on this income to support their families. Restricting or eliminating lawful vacation rentals would financially impact not only owners, but also many Maui residents who work within this industry.
We have always tried to be respectful and responsible owners. We care deeply about preserving Maui’s beauty and supporting the local community while continuing to responsibly maintain our property.
We respectfully urge the Council to protect long-time lawful vacation rental owners and avoid broad zoning changes that could create severe financial hardship for families like ours while also reducing income opportunities for local workers and businesses.
Please consider balanced solutions that preserve tourism, local jobs, responsible ownership, and the economic stability that many residents and small property owners depend upon.
Mahalo for your time and consideration.