Chair and Members of the Housing & Land Use Committee,
I am writing in strong support of Bill 88, which establishes the framework for the creation of H3/H4 zoning districts for visitor accommodations on Maui.
This bill represents an important and necessary step toward modernizing Maui County’s zoning code and creating long-overdue clarity regarding lawful visitor accommodation uses that have existed for decades throughout our community.
Clear and properly aligned zoning classifications are essential for residents, property owners, businesses, lenders, and County agencies alike. The current zoning framework has created significant uncertainty, inconsistency, and confusion surrounding longstanding visitor accommodations that have operated lawfully for many years under County permits, tax classifications, and regulatory oversight.
Bill 88 does not approve any individual project or complex. Rather, it establishes a rational zoning framework that acknowledges and organizes existing lawful uses within the County’s land use system. Modern zoning should accurately reflect the realities of longstanding land uses while providing consistency and transparency moving forward.
Creating H3/H4 zoning districts will help:
• Improve clarity and predictability within the zoning code
• Align zoning classifications with longstanding lawful visitor accommodation uses
• Reduce confusion for property owners, residents, and enforcement agencies
• Support a more transparent and modern land use framework for Maui County
As Maui continues to address housing, tourism, and land use challenges, it is important that our zoning code remain clear, consistent, and legally defensible. Bill 88 is an important foundational step in that process.
I respectfully urge the Committee to support and advance Bill 88.
Aloha, I, Jane Beeghly, owner of Hale Kai O'Kihei #315 am writing in support of Bill 88 creating new zoning for apartments that should not be used for long term rentals and that were built to be used short term, NOT to be a home. My oceanfront condo fits that description. We do not have parking for even 1 space per unit. The condo is small with almost no storage. This is not a place to establish a home and was not intended so by those who created the complex. Because we are oceanfront, the value of my condo is not at a level that can be afforded by workforce people and we are also affected by SLRXA sea level rise potential future problems. This vacation condo should NOT be a home. Because of oceanfront conditions, my HOA monthly dues are $1250 for 2 bedrooms. Who can afford this plus rent or mortgage payments? My tax value is almost $1.2M.
We need this additional zoning so that this type of condo can be rented short term to vacationers. People who spend a lot of money on the island and help to keep many employed. Restaurants, tour guides, rental cars, souvenir shops, rental agencies, house cleaners and repair experts, so many people!
There should be zoning for this type of short term rental apartment and any which qualify by being such for the extent of its existence as so many have. This should be considered an automatic qualifying type of property. Just like a TimeShare property which has been excluded from Bill 9. Mine along with any other property that has been historically and legally rented as a short term vacation condo or apartment, that is county appraised at extremely high valuation and with high annual costs, should not have been included in Bill 9. Since somehow these were, a new type of zoning is needed to keep these properties use as designed throughout their history.
Anyone who has followed this debacle knows how much money University of HI economists have forecast Maui and HI will lose if these units no longer contribute to the economy through taxes and wages. Please follow the TIG report! These properties are not potentially affordable housing. They are visitor accommodations that add jobs and taxes to help with current needs.
Mahalo for your understanding the need for Bill 88. I am a Kihei property owner.
Chair and Members of the Housing & Land Use Committee,
I am writing in support of Bill 88.
I strongly believe Maui County needs clearer and more modern zoning classifications for longstanding visitor accommodation uses that have legally existed for many years. Right now, there is too much confusion and uncertainty within the current zoning code, and Bill 88 is an important step toward fixing that.
This bill is not about any specific property or complex. It is simply about creating proper zoning alignment and bringing more clarity and consistency to the County’s land use system.
Having zoning that accurately reflects longstanding lawful uses is important for property owners, residents, businesses, and the County alike. Clear rules and modernized zoning help everyone better understand what is and is not allowed moving forward.
I respectfully ask the Committee to support Bill 88 and move it forward.
I am in total support of Bill 88 which would make a much needed correction to the zoning on Maui. Fairness would require that condos that had been legally operating for many years as short term rentals should have proper zoning. Give your tax payers who pay the highest percentage rate of taxes the legal right to continue in business.
The TIG report which had verbal support from a majority of the council members and Mayor Bissen needs to have the provision of proper zoning to be initiated.
Please pass Bill 88.
To: Maui County Council
RE: Bill 88 — Support for H3/H4 Zoning Framework
Aloha Council Members,
My name is Melissa McKim, and I respectfully support Bill 88 and the creation of the proposed H3/H4 zoning framework for lawful vacation rental properties on Maui.
Like many local owners, my vacation rentals are not large corporate operations. They are small, responsibly managed properties that have long operated as visitor accommodations and contribute directly to Maui’s economy, tourism infrastructure, and local workforce. These properties were purchased, financed, insured, taxed, and operated under longstanding lawful visitor-use expectations.
I support zoning modernization efforts that create clarity, consistency, and proper alignment between actual historical use and county zoning designations. Establishing H3/H4 districts provides an opportunity for Maui County to modernize outdated zoning classifications while recognizing the longstanding reality of visitor accommodations in appropriate areas.
I also appreciate that the discussion surrounding potential future rezoning criteria includes consideration of factors such as historical visitor use, leasehold structures, economic realities, and sea level rise exposure areas. Many properties impacted by Bill 9 were never realistically part of workforce housing inventory and have functioned as visitor accommodations for decades.
Vacation rentals also support many local jobs and small businesses, including cleaners, maintenance workers, landscapers, contractors, property managers, restaurants, activity providers, and countless others who rely on visitor-related income to support their families here on Maui. And for myself as a single mother, and long term Maui resident, I have been able to provide for my children through working as an owner, host, manager, cleaner, and an educator of visitors for Maui.
I respectfully ask the Council to continue moving forward thoughtfully and constructively with zoning modernization efforts through Bill 88 and future H3/H4 discussions. Creating lawful pathways for appropriately situated visitor accommodations is important not only for property owners, but for the broader Maui community and economy.
Mahalo for your time, consideration, and service to Maui County.
Minatoya list properties have been legal for over 50 years and have supported Maui's economy for all those decades. We all know that the Minatoya list condos are not affordable housing, as most condo's here on Maui are not affordable housing. Time Shares were built in the same era, same zoning, yet those are exempt? All condo's/Time shares were legal when they were built for the multi-use that they operate under today. Condo's, time shares and leased land properties all built in the same years, none should have to face additional expenses to keep the property rights that they were built under, as dictated by each condo's declarations and by-laws when they were built, which complied with Maui County. There are currently 436 condos' listed for sale in West Maui ranging from $99,000 up to several millions of dollars, no buyers.. 465 condos are for sale in South Maui.. 0 for sale in East Maui. That's a total of 901 condo's for sale here on Maui as of this time..Bill 9 is a tragedy to Maui's economy. Change the zoning or cause people here to pay for a massive lawsuit, there are no winners.
The Reverend Captain George D. Bement, M.Div., LCSW
2191 South Kihei Rd. #2409
Kihei, HI, 96753
May 25, 2026
Housing and Land Use Committee
200 South High St.
Wailuku, HI 96793
Subject: Bill 88, H3/H4 ZONING DISTRICTS
Aloha Housing and Land Use Committee Members,
I am writing in support of Bill 88, H3/H4 zoning districts.
I moved to Kihei in 1987 to start Kihei Lutheran Church as its first pastor. Over the eight years I lived in Kihei I developed many friendships and a close tie to the island. Eventually I had to move to Texas due to family concerns, but my son still lives and has worked in Kihei in the tourism industry for the past 22 years.
In 2014 my wife and I purchased a condo at Maui Vista; primarily for us to have a place to stay on our frequent return trips to the island. We could not afford the high price of Maui hotels. We are blessed to be able to spend time with our son, our longtime friends, our church ohana, and the aina we love. The fact that we have been able to rent the condo as a short-term vacation rental has provided us the opportunity to own property and have a place to stay in Kihei.
Maui Vista was designed and developed as a short-term rental complex. It was never intended, nor marketed, as a long-term rental complex,
Our condo monthly expenses, including mortgage, taxes, monthly and special assessment fees, utilities, insurance, maintenance, etc., total more than $7,000 per month. The only way we can afford those costs is by using it as a short-term vacation rental. We are not making money; we are just breaking even. Should it be converted to long-term rental only, I don’t think $7,000 per month (to break even) for an 822 square foot, 1-1/2 bedroom apartment can be considered affordable housing. If we sold it, the cost to the new owner would be even higher due to the increase in interest rates.
Our ownership and use of the condo as a short-term rental has not only benefited us, but it has also financially benefited the County of Maui and the State of Hawaii. Last year we paid $7,669 state Transient Accommodation Tax, $2,243 County Transient Accommodation Tax, $3,593 General Excise Tax, and $12,135 County Property Tax, totaling $25,640.
Maui Vista was built for vacation rentals in 1980. The units are small with small kitchens and baths and parking limited to one car. Maintenance fees are $13,608 per year. There is no storage nor playground for families. These condos were never intended for full-time family living. FEMA funded families who moved into Maui Vista after the fire did not stay long, often only a few weeks, because it did not work well for families. Also, many condos in Maui Vista made available by FEMA funding were not chosen by locals, again because the condos are not well suited for families.
The need for affordable housing on Maui was critical when I moved there in 1987, and remains so today. It was exasperated by the loss of housing in West Maui following the tragic fires. Maui needs affordable long-term housing, but eliminating short-term vacation rentals is not a way to do that. Please vote to include Maui Vista’s inclusion in H3/H4.
Mahalo nui loa for your consideration,
Rev. Capt. George D. Bement
The Reverend Captain George D. Bement, M.Div., LCSW
Please support Bill 88. The TIG report details the downsides of Bill 9. By passing Bill 9 without measures to compensate its downside is irresponsible. The TIG report recommends the creation of new zones H3/H4 which would minimize the economic impact of Bill 9 as well as to support the local housing.
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.
Sincerely
Jeffrey M Smith
co-owner of Unit D-402 at Papakea Beach Resort
Dear Chair U‘u-Hodgins, Vice Chair Batangan, and members of the Housing and Land Use Committee:
Thank you for the opportunity to testify. I want to begin by acknowledging the thoughtful, collegial, and intentional work this committee and Council demonstrated when navigating the sweeping impacts of Bill 9, particularly in your willingness to exclude certain properties from that blanket legislation.
Too often, we are told that housing, affordable housing, and tourism are binary, either/or propositions. They do not have to be.
It is time to tell the special interest "tail" that has been wagging this dog for the last few years to heel, and for this body to operate with the fierce independence you have always possessed. Condo owners should not get everything they want, but neither should the special interest groups whose demands have only become more absolute because no one has stood up to them.
Instead, this Council has the opportunity to hand a balanced, strategic win to both sides by taking the following actions:
- Implement Council-Initiated Rezoning: Deliver Council-initiated H3/H4 zoning to the traditional resort properties in Wailea, Kapalua, and Kāʻanapali. It's time there was formal acknowledgement that these properties were built as part of Master Planned RESORT communities, not as workforce housing, and phasing them out will provide exactly zero affordable housing options for local residents. Rezone, allow STRs, and tax them reasonably and not punitively. Businesses of any size simply can't be taxed out of operations.
- Acknowledge the "Ducks": Provide that same H3/H4 rezoning to complexes that Mayor Bissen himself argued "look like a duck and walk like a duck" - properties like Papakea and Kamaole Sands that have operated as de facto hotels for decades. Rezone, allow STRs, and tax them reasonably and not punitively. Businesses of any size simply can't be taxed out of operations.
- Phase Out Specific Units: Phase out the specific units identified by the Temporary Investigating Group (TIG) that were overwhelmingly deemed the most suitable for long-term residential housing.
- Enact a Total Moratorium: Most importantly, reinstate a moratorium on all new visitor accommodation development and expansion. This INCLUDES hotels.
While some groups make it sound like new STRs are constantly popping up, the reality is they are not. Maui is not routinely building new versions of Kamaole Sands or Wailea Ekolu. New STR developments are exceedingly rare (but hotel developments and expansions are NOT). A moratorium throws a proverbial bone to both sides of this debate.
Allowing new hotels, hotel expansions, or new STRs only inflates the visitor accommodation sector. This creates new and unnecessary competition for existing hotels and STRs alike, while driving up total tourist numbers by ballooning the inventory.
It is time for STR owners and tourism to stop being treated as the island’s bogeyman. Tourism remains our primary economic driver. Period. Furthermore, STRs are a lawful, legitimate, and deeply beneficial part of that economy. In many ways, they outperform traditional hotels: they often pay cleaning and maintenance staff higher wages, use significantly less water and electricity, patronize local businesses for renovations and updates, waste less food, and contribute heavily to Real Property Tax (RPT) and the affordable housing fund - all while keeping profits local rather than exporting them to off-island corporate shareholders.
By freezing tourist accommodation numbers now, Maui can create a healthy scarcity. As our resident population grows, we prevent the island from absorbing more visitors, making our target population-to-tourist ratios much easier to maintain. This scarcity will naturally drive up average daily rates, benefiting hotels, STR owners, and the County’s tax revenue streams alike.
Tourism doesn’t have to be universally liked, but it does need to be appreciated for what it funds. To put it in perspective, mainland cities with populations equivalent to Maui operate on a fraction of our budget. On the low end, Salinas, California (Pop. ~161,000) runs on $285 million; in the mid-range, Springfield, Missouri (Pop. ~170,000) operates on $530 million; and even on the high end, Fort Collins, Colorado (Pop. ~170,000) spends $900 million. Maui's budget sits well above these figures because of the inflow of capital from our visitor industry.
Locals must understand that chasing away the STR tax base means the financial burden either shifts entirely onto resident taxpayers, or we will see valuable county programs defunded. Hotels, STRs, agriculture, small local shops, and multinational chains are all part of a delicate, symbiotic ecosystem. We cannot demonize one vital part of this economic engine without suffering the consequences across the entire island.
If STRs were held in the same regard as hotels - seen as equal, vital cogs in our economic engine and granted respected stakeholder status - the County could approach tourism management with a unified front alongside these owners, rather than against them. It is a striking contradiction that the County happily accepts the massive revenues these properties generate while simultaneously excoriating them for existing and attempting to legislate them out of business.
We can achieve a balanced, sustainable ecosystem without fracturing the island or attacking legitimate, lawful businesses that are vital to our economic survival. I urge this committee to reject binary, either/or ultimatums and pursue a balanced path forward. Bill 88 is precisely how that balance can be restored, and I encourage this committee to pursue it with alacrity.
Thank you for taking the time to read and consider my testimony.
One simple question for Committee: do you believe banning Short Term rentals previously allowed per Minatoya list is going to solve Maui housing affordability & shortage?
Bill 88 is important to our community as it establishes the framework for H3/H4 zoning districts for vacation rentals. This zoning is important to separate out properites that were purposely built for the tourist industry. These purposely built vacation rentals visitors do not stay in the hotel silo. These visitors are more likely to support the local—in turn supporting my Ohana who work in restaurants or our friends who run a multi-generational property management company. Support my cousins who have a woman owned cleaning company that supports two families, and my other cousin a professional baker trained in Las Vegas, who now bakes independently supplying baked goods to local vendors or for property management companies to place as a warm welcome or service recovery gift for our visitors. My husband’s best friend is a gifted chef and one of the hardest workers we know. He took a big financial risk when he purchased his food truck that serves mostly tourists who stay in vacation rentals, and has been struggling with all the hardships that have hit our island. He remains hopeful for better revenue in the years ahead but dreads the loss of many short-term rental units and the negative impact it will have on his attempt to run a small independent business. Bill 88 is a pivotal step toward modernizing Maui’s zoning code. Bill 88 will provide overdue clarity for lawful visitor accommodations in purposely built short-term rental properties not desirable for long term living.
Mahallo for your thoughtful consideration on the importance of Bill 88 to our community
Dear Chair U‘u-Hodgins, Vice Chair Batangan, and members of the Housing and Land Use Committee:
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. I strongly support the passage of Bill 88, clean and without amendments, 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.
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,
Randy Hnatko
Dear Chair and Distinguished Members of the Comittee,
As someone deeply attached to Maui, its future and as a humble owner of a piece of property on the island I am writting you to express my full support of the H3/H4 zoning proposal.
This provides a balanced approach to a future where Maui’s identity and people are protected and the tourism industry, being such as key pillar to our beloved community’s financials can still operate.
I am in full support of continuing to find further ways to help the local community preserve its culture and affordability.
Dear Chair and Members of the Housing & Land Use Committee,
I am writing in support of continued discussion and thoughtful consideration of Bill 88, which establishes the framework for the potential creation of H3 and H4 zoning districts for vacation rentals. I respectfully encourage the Committee to continue pursuing realistic and balanced zoning solutions that recognize longstanding lawful visitor accommodations while also improving clarity and consistency within Maui County’s zoning code.
Many lawful short-term rental properties have operated for decades under existing county approvals and regulations. Establishing clearly defined zoning categories would provide transparency, predictability, and better long-term planning for residents, property owners, businesses, and the County alike.
Many properties were originally developed, marketed, governed, and operated as visitor accommodations long before current zoning conflicts emerged. It is important that any modernization of the zoning code acknowledges these historical realities and provides pathways for proper zoning alignment where appropriate. I also appreciate the discussion surrounding the importance of documentation and community participation in future rezoning considerations. Encouraging property owners and associations to provide governing documents, historical operational data, visitor accommodation records, and other supporting materials helps create a more informed and transparent process for everyone involved.
I also recognize that all three Planning Commissions recommended denial of the creation of the new zoning districts. However, I believe the Committee’s continued evaluation is both necessary and appropriate given the complexity and long-term importance of this issue for Maui County.
As Council considers next steps, I respectfully ask that the Committee continue working toward:
• Proper zoning alignment for longstanding lawful visitor accommodations
• Modernization and clarity within the zoning code
• Fair and consistent treatment of legally operating short-term rentals
• A balanced approach that supports residents, property owners, and Maui’s broader economy
Thank you for your time, service, and careful consideration of this important matter.
Dear Chair U‘u-Hodgins, Vice Chair Batangan, and members of the Housing and Land Use Committee:
I am writing to express my strong support for the clean passage of Bill 88 as a full time resident of Maui.
Bill 9 would not have passed without the promise of H3/H4 zoning.
As our elected officials, it is time to deliver on your promise.
If the passage of Bill 9 was about affordable housing, why would the list of Apartment zoned condos include unobtainable condominiums in Wailea, Kapalua and many other part of South and West Maui.
The adoption of H3/H4 would be a pathway to identify actual affordable condominiums.
Full time Maui resident
Property Owner
Local Small Business Owner
Dear Chair U‘u-Hodgins, Vice Chair Batangan, and members of the Housing and Land Use Committee:
I am writing to express my strong support for the clean passage of Bill 88.
As a condominium owner of a property currently zoned A2/H2, which is identified on Exhibit 2 of the October 13, 2025 Temporary Investigative Group report, this legislation directly impacts my property rights.
Creating new H3 and H4 zoning districts that function on a "like-for-like" basis with existing A1 and A2 development standards is a crucial step forward for our community.
During the previous deliberations on Bill 9, at least seven councilmembers specifically expressed their explicit support for creating these new zoning districts.
Now that Bill 9 has officially passed, the time has come for those councilmembers to honor their statements.
I urge the committee to vote yes and pass Bill 88 clean to establish these necessary zones without delay.
Thank you for your time, leadership, and consideration of this matter.
Dear Chair U‘u-Hodgins, Vice Chair Batangan, and members of the Housing and Land Use Committee:
I am writing to express my strong support for the clean passage of Bill 88.
As a condominium owner of a property currently zoned A2/H2, which is identified on Exhibit 2 of the October 13, 2025 Temporary Investigative Group report, this legislation directly impacts my property rights.
Creating new H3 and H4 zoning districts that function on a "like-for-like" basis with existing A1 and A2 development standards is a crucial step forward for our community.
During the previous deliberations on Bill 9, at least seven councilmembers specifically expressed their explicit support for creating these new zoning districts.
Now that Bill 9 has officially passed, the time has come for those councilmembers to honor their statements.
I urge the committee to vote yes and pass Bill 88 clean to establish these necessary zones without delay.
Thank you for your time, leadership, and consideration of this matter.
Chair and Members of the Housing & Land Use Committee,
I am writing in strong support of Bill 88, which establishes the framework for the creation of H3/H4 zoning districts for visitor accommodations on Maui.
This bill represents an important and necessary step toward modernizing Maui County’s zoning code and creating long-overdue clarity regarding lawful visitor accommodation uses that have existed for decades throughout our community.
Clear and properly aligned zoning classifications are essential for residents, property owners, businesses, lenders, and County agencies alike. The current zoning framework has created significant uncertainty, inconsistency, and confusion surrounding longstanding visitor accommodations that have operated lawfully for many years under County permits, tax classifications, and regulatory oversight.
Bill 88 does not approve any individual project or complex. Rather, it establishes a rational zoning framework that acknowledges and organizes existing lawful uses within the County’s land use system. Modern zoning should accurately reflect the realities of longstanding land uses while providing consistency and transparency moving forward.
Creating H3/H4 zoning districts will help:
• Improve clarity and predictability within the zoning code
• Align zoning classifications with longstanding lawful visitor accommodation uses
• Reduce confusion for property owners, residents, and enforcement agencies
• Support a more transparent and modern land use framework for Maui County
As Maui continues to address housing, tourism, and land use challenges, it is important that our zoning code remain clear, consistent, and legally defensible. Bill 88 is an important foundational step in that process.
I respectfully urge the Committee to support and advance Bill 88.
Mahalo for your time and consideration.
Andy Church
Makawao, Maui, Hawai‘i
Aloha, I, Jane Beeghly, owner of Hale Kai O'Kihei #315 am writing in support of Bill 88 creating new zoning for apartments that should not be used for long term rentals and that were built to be used short term, NOT to be a home. My oceanfront condo fits that description. We do not have parking for even 1 space per unit. The condo is small with almost no storage. This is not a place to establish a home and was not intended so by those who created the complex. Because we are oceanfront, the value of my condo is not at a level that can be afforded by workforce people and we are also affected by SLRXA sea level rise potential future problems. This vacation condo should NOT be a home. Because of oceanfront conditions, my HOA monthly dues are $1250 for 2 bedrooms. Who can afford this plus rent or mortgage payments? My tax value is almost $1.2M.
We need this additional zoning so that this type of condo can be rented short term to vacationers. People who spend a lot of money on the island and help to keep many employed. Restaurants, tour guides, rental cars, souvenir shops, rental agencies, house cleaners and repair experts, so many people!
There should be zoning for this type of short term rental apartment and any which qualify by being such for the extent of its existence as so many have. This should be considered an automatic qualifying type of property. Just like a TimeShare property which has been excluded from Bill 9. Mine along with any other property that has been historically and legally rented as a short term vacation condo or apartment, that is county appraised at extremely high valuation and with high annual costs, should not have been included in Bill 9. Since somehow these were, a new type of zoning is needed to keep these properties use as designed throughout their history.
Anyone who has followed this debacle knows how much money University of HI economists have forecast Maui and HI will lose if these units no longer contribute to the economy through taxes and wages. Please follow the TIG report! These properties are not potentially affordable housing. They are visitor accommodations that add jobs and taxes to help with current needs.
Mahalo for your understanding the need for Bill 88. I am a Kihei property owner.
Chair and Members of the Housing & Land Use Committee,
I am writing in support of Bill 88.
I strongly believe Maui County needs clearer and more modern zoning classifications for longstanding visitor accommodation uses that have legally existed for many years. Right now, there is too much confusion and uncertainty within the current zoning code, and Bill 88 is an important step toward fixing that.
This bill is not about any specific property or complex. It is simply about creating proper zoning alignment and bringing more clarity and consistency to the County’s land use system.
Having zoning that accurately reflects longstanding lawful uses is important for property owners, residents, businesses, and the County alike. Clear rules and modernized zoning help everyone better understand what is and is not allowed moving forward.
I respectfully ask the Committee to support Bill 88 and move it forward.
Mahalo for your time and consideration.
I am in total support of Bill 88 which would make a much needed correction to the zoning on Maui. Fairness would require that condos that had been legally operating for many years as short term rentals should have proper zoning. Give your tax payers who pay the highest percentage rate of taxes the legal right to continue in business.
The TIG report which had verbal support from a majority of the council members and Mayor Bissen needs to have the provision of proper zoning to be initiated.
Please pass Bill 88.
To: Maui County Council
RE: Bill 88 — Support for H3/H4 Zoning Framework
Aloha Council Members,
My name is Melissa McKim, and I respectfully support Bill 88 and the creation of the proposed H3/H4 zoning framework for lawful vacation rental properties on Maui.
Like many local owners, my vacation rentals are not large corporate operations. They are small, responsibly managed properties that have long operated as visitor accommodations and contribute directly to Maui’s economy, tourism infrastructure, and local workforce. These properties were purchased, financed, insured, taxed, and operated under longstanding lawful visitor-use expectations.
I support zoning modernization efforts that create clarity, consistency, and proper alignment between actual historical use and county zoning designations. Establishing H3/H4 districts provides an opportunity for Maui County to modernize outdated zoning classifications while recognizing the longstanding reality of visitor accommodations in appropriate areas.
I also appreciate that the discussion surrounding potential future rezoning criteria includes consideration of factors such as historical visitor use, leasehold structures, economic realities, and sea level rise exposure areas. Many properties impacted by Bill 9 were never realistically part of workforce housing inventory and have functioned as visitor accommodations for decades.
Vacation rentals also support many local jobs and small businesses, including cleaners, maintenance workers, landscapers, contractors, property managers, restaurants, activity providers, and countless others who rely on visitor-related income to support their families here on Maui. And for myself as a single mother, and long term Maui resident, I have been able to provide for my children through working as an owner, host, manager, cleaner, and an educator of visitors for Maui.
I respectfully ask the Council to continue moving forward thoughtfully and constructively with zoning modernization efforts through Bill 88 and future H3/H4 discussions. Creating lawful pathways for appropriately situated visitor accommodations is important not only for property owners, but for the broader Maui community and economy.
Mahalo for your time, consideration, and service to Maui County.
Melissa McKim
Maui, Hawai‘i
Minatoya list properties have been legal for over 50 years and have supported Maui's economy for all those decades. We all know that the Minatoya list condos are not affordable housing, as most condo's here on Maui are not affordable housing. Time Shares were built in the same era, same zoning, yet those are exempt? All condo's/Time shares were legal when they were built for the multi-use that they operate under today. Condo's, time shares and leased land properties all built in the same years, none should have to face additional expenses to keep the property rights that they were built under, as dictated by each condo's declarations and by-laws when they were built, which complied with Maui County. There are currently 436 condos' listed for sale in West Maui ranging from $99,000 up to several millions of dollars, no buyers.. 465 condos are for sale in South Maui.. 0 for sale in East Maui. That's a total of 901 condo's for sale here on Maui as of this time..Bill 9 is a tragedy to Maui's economy. Change the zoning or cause people here to pay for a massive lawsuit, there are no winners.
I fully support Bill 88. Save Maui jobs!
The Reverend Captain George D. Bement, M.Div., LCSW
2191 South Kihei Rd. #2409
Kihei, HI, 96753
May 25, 2026
Housing and Land Use Committee
200 South High St.
Wailuku, HI 96793
Subject: Bill 88, H3/H4 ZONING DISTRICTS
Aloha Housing and Land Use Committee Members,
I am writing in support of Bill 88, H3/H4 zoning districts.
I moved to Kihei in 1987 to start Kihei Lutheran Church as its first pastor. Over the eight years I lived in Kihei I developed many friendships and a close tie to the island. Eventually I had to move to Texas due to family concerns, but my son still lives and has worked in Kihei in the tourism industry for the past 22 years.
In 2014 my wife and I purchased a condo at Maui Vista; primarily for us to have a place to stay on our frequent return trips to the island. We could not afford the high price of Maui hotels. We are blessed to be able to spend time with our son, our longtime friends, our church ohana, and the aina we love. The fact that we have been able to rent the condo as a short-term vacation rental has provided us the opportunity to own property and have a place to stay in Kihei.
Maui Vista was designed and developed as a short-term rental complex. It was never intended, nor marketed, as a long-term rental complex,
Our condo monthly expenses, including mortgage, taxes, monthly and special assessment fees, utilities, insurance, maintenance, etc., total more than $7,000 per month. The only way we can afford those costs is by using it as a short-term vacation rental. We are not making money; we are just breaking even. Should it be converted to long-term rental only, I don’t think $7,000 per month (to break even) for an 822 square foot, 1-1/2 bedroom apartment can be considered affordable housing. If we sold it, the cost to the new owner would be even higher due to the increase in interest rates.
Our ownership and use of the condo as a short-term rental has not only benefited us, but it has also financially benefited the County of Maui and the State of Hawaii. Last year we paid $7,669 state Transient Accommodation Tax, $2,243 County Transient Accommodation Tax, $3,593 General Excise Tax, and $12,135 County Property Tax, totaling $25,640.
Maui Vista was built for vacation rentals in 1980. The units are small with small kitchens and baths and parking limited to one car. Maintenance fees are $13,608 per year. There is no storage nor playground for families. These condos were never intended for full-time family living. FEMA funded families who moved into Maui Vista after the fire did not stay long, often only a few weeks, because it did not work well for families. Also, many condos in Maui Vista made available by FEMA funding were not chosen by locals, again because the condos are not well suited for families.
The need for affordable housing on Maui was critical when I moved there in 1987, and remains so today. It was exasperated by the loss of housing in West Maui following the tragic fires. Maui needs affordable long-term housing, but eliminating short-term vacation rentals is not a way to do that. Please vote to include Maui Vista’s inclusion in H3/H4.
Mahalo nui loa for your consideration,
Rev. Capt. George D. Bement
The Reverend Captain George D. Bement, M.Div., LCSW
Please support Bill 88. The TIG report details the downsides of Bill 9. By passing Bill 9 without measures to compensate its downside is irresponsible. The TIG report recommends the creation of new zones H3/H4 which would minimize the economic impact of Bill 9 as well as to support the local housing.
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.
Sincerely
Jeffrey M Smith
co-owner of Unit D-402 at Papakea Beach Resort
Dear Chair U‘u-Hodgins, Vice Chair Batangan, and members of the Housing and Land Use Committee:
Thank you for the opportunity to testify. I want to begin by acknowledging the thoughtful, collegial, and intentional work this committee and Council demonstrated when navigating the sweeping impacts of Bill 9, particularly in your willingness to exclude certain properties from that blanket legislation.
Too often, we are told that housing, affordable housing, and tourism are binary, either/or propositions. They do not have to be.
It is time to tell the special interest "tail" that has been wagging this dog for the last few years to heel, and for this body to operate with the fierce independence you have always possessed. Condo owners should not get everything they want, but neither should the special interest groups whose demands have only become more absolute because no one has stood up to them.
Instead, this Council has the opportunity to hand a balanced, strategic win to both sides by taking the following actions:
- Implement Council-Initiated Rezoning: Deliver Council-initiated H3/H4 zoning to the traditional resort properties in Wailea, Kapalua, and Kāʻanapali. It's time there was formal acknowledgement that these properties were built as part of Master Planned RESORT communities, not as workforce housing, and phasing them out will provide exactly zero affordable housing options for local residents. Rezone, allow STRs, and tax them reasonably and not punitively. Businesses of any size simply can't be taxed out of operations.
- Acknowledge the "Ducks": Provide that same H3/H4 rezoning to complexes that Mayor Bissen himself argued "look like a duck and walk like a duck" - properties like Papakea and Kamaole Sands that have operated as de facto hotels for decades. Rezone, allow STRs, and tax them reasonably and not punitively. Businesses of any size simply can't be taxed out of operations.
- Phase Out Specific Units: Phase out the specific units identified by the Temporary Investigating Group (TIG) that were overwhelmingly deemed the most suitable for long-term residential housing.
- Enact a Total Moratorium: Most importantly, reinstate a moratorium on all new visitor accommodation development and expansion. This INCLUDES hotels.
While some groups make it sound like new STRs are constantly popping up, the reality is they are not. Maui is not routinely building new versions of Kamaole Sands or Wailea Ekolu. New STR developments are exceedingly rare (but hotel developments and expansions are NOT). A moratorium throws a proverbial bone to both sides of this debate.
Allowing new hotels, hotel expansions, or new STRs only inflates the visitor accommodation sector. This creates new and unnecessary competition for existing hotels and STRs alike, while driving up total tourist numbers by ballooning the inventory.
It is time for STR owners and tourism to stop being treated as the island’s bogeyman. Tourism remains our primary economic driver. Period. Furthermore, STRs are a lawful, legitimate, and deeply beneficial part of that economy. In many ways, they outperform traditional hotels: they often pay cleaning and maintenance staff higher wages, use significantly less water and electricity, patronize local businesses for renovations and updates, waste less food, and contribute heavily to Real Property Tax (RPT) and the affordable housing fund - all while keeping profits local rather than exporting them to off-island corporate shareholders.
By freezing tourist accommodation numbers now, Maui can create a healthy scarcity. As our resident population grows, we prevent the island from absorbing more visitors, making our target population-to-tourist ratios much easier to maintain. This scarcity will naturally drive up average daily rates, benefiting hotels, STR owners, and the County’s tax revenue streams alike.
Tourism doesn’t have to be universally liked, but it does need to be appreciated for what it funds. To put it in perspective, mainland cities with populations equivalent to Maui operate on a fraction of our budget. On the low end, Salinas, California (Pop. ~161,000) runs on $285 million; in the mid-range, Springfield, Missouri (Pop. ~170,000) operates on $530 million; and even on the high end, Fort Collins, Colorado (Pop. ~170,000) spends $900 million. Maui's budget sits well above these figures because of the inflow of capital from our visitor industry.
Locals must understand that chasing away the STR tax base means the financial burden either shifts entirely onto resident taxpayers, or we will see valuable county programs defunded. Hotels, STRs, agriculture, small local shops, and multinational chains are all part of a delicate, symbiotic ecosystem. We cannot demonize one vital part of this economic engine without suffering the consequences across the entire island.
If STRs were held in the same regard as hotels - seen as equal, vital cogs in our economic engine and granted respected stakeholder status - the County could approach tourism management with a unified front alongside these owners, rather than against them. It is a striking contradiction that the County happily accepts the massive revenues these properties generate while simultaneously excoriating them for existing and attempting to legislate them out of business.
We can achieve a balanced, sustainable ecosystem without fracturing the island or attacking legitimate, lawful businesses that are vital to our economic survival. I urge this committee to reject binary, either/or ultimatums and pursue a balanced path forward. Bill 88 is precisely how that balance can be restored, and I encourage this committee to pursue it with alacrity.
Thank you for taking the time to read and consider my testimony.
Makoa Ikaika
One simple question for Committee: do you believe banning Short Term rentals previously allowed per Minatoya list is going to solve Maui housing affordability & shortage?
Really?
Bob - Kaneohe Boy
Aloha Kakou:
Bill 88 is important to our community as it establishes the framework for H3/H4 zoning districts for vacation rentals. This zoning is important to separate out properites that were purposely built for the tourist industry. These purposely built vacation rentals visitors do not stay in the hotel silo. These visitors are more likely to support the local—in turn supporting my Ohana who work in restaurants or our friends who run a multi-generational property management company. Support my cousins who have a woman owned cleaning company that supports two families, and my other cousin a professional baker trained in Las Vegas, who now bakes independently supplying baked goods to local vendors or for property management companies to place as a warm welcome or service recovery gift for our visitors. My husband’s best friend is a gifted chef and one of the hardest workers we know. He took a big financial risk when he purchased his food truck that serves mostly tourists who stay in vacation rentals, and has been struggling with all the hardships that have hit our island. He remains hopeful for better revenue in the years ahead but dreads the loss of many short-term rental units and the negative impact it will have on his attempt to run a small independent business. Bill 88 is a pivotal step toward modernizing Maui’s zoning code. Bill 88 will provide overdue clarity for lawful visitor accommodations in purposely built short-term rental properties not desirable for long term living.
Mahallo for your thoughtful consideration on the importance of Bill 88 to our community
Dear Chair U‘u-Hodgins, Vice Chair Batangan, and members of the Housing and Land Use Committee:
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. I strongly support the passage of Bill 88, clean and without amendments, 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.
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,
Randy Hnatko
Dear Chair and Distinguished Members of the Comittee,
As someone deeply attached to Maui, its future and as a humble owner of a piece of property on the island I am writting you to express my full support of the H3/H4 zoning proposal.
This provides a balanced approach to a future where Maui’s identity and people are protected and the tourism industry, being such as key pillar to our beloved community’s financials can still operate.
I am in full support of continuing to find further ways to help the local community preserve its culture and affordability.
With utmost respect,
Mihai Constantin-Pau
Dear Chair and Members of the Housing & Land Use Committee,
I am writing in support of continued discussion and thoughtful consideration of Bill 88, which establishes the framework for the potential creation of H3 and H4 zoning districts for vacation rentals. I respectfully encourage the Committee to continue pursuing realistic and balanced zoning solutions that recognize longstanding lawful visitor accommodations while also improving clarity and consistency within Maui County’s zoning code.
Many lawful short-term rental properties have operated for decades under existing county approvals and regulations. Establishing clearly defined zoning categories would provide transparency, predictability, and better long-term planning for residents, property owners, businesses, and the County alike.
Many properties were originally developed, marketed, governed, and operated as visitor accommodations long before current zoning conflicts emerged. It is important that any modernization of the zoning code acknowledges these historical realities and provides pathways for proper zoning alignment where appropriate. I also appreciate the discussion surrounding the importance of documentation and community participation in future rezoning considerations. Encouraging property owners and associations to provide governing documents, historical operational data, visitor accommodation records, and other supporting materials helps create a more informed and transparent process for everyone involved.
I also recognize that all three Planning Commissions recommended denial of the creation of the new zoning districts. However, I believe the Committee’s continued evaluation is both necessary and appropriate given the complexity and long-term importance of this issue for Maui County.
As Council considers next steps, I respectfully ask that the Committee continue working toward:
• Proper zoning alignment for longstanding lawful visitor accommodations
• Modernization and clarity within the zoning code
• Fair and consistent treatment of legally operating short-term rentals
• A balanced approach that supports residents, property owners, and Maui’s broader economy
Thank you for your time, service, and careful consideration of this important matter.
Respectfully,
Sandra LaBaugh
Hello,
We strongly support the H3/H4 zoning!
Mahalo for your understanding and support!
Dear Chair U‘u-Hodgins, Vice Chair Batangan, and members of the Housing and Land Use Committee:
I am writing to express my strong support for the clean passage of Bill 88 as a full time resident of Maui.
Bill 9 would not have passed without the promise of H3/H4 zoning.
As our elected officials, it is time to deliver on your promise.
If the passage of Bill 9 was about affordable housing, why would the list of Apartment zoned condos include unobtainable condominiums in Wailea, Kapalua and many other part of South and West Maui.
The adoption of H3/H4 would be a pathway to identify actual affordable condominiums.
Full time Maui resident
Property Owner
Local Small Business Owner
Dear Chair U‘u-Hodgins, Vice Chair Batangan, and members of the Housing and Land Use Committee:
I am writing to express my strong support for the clean passage of Bill 88.
As a condominium owner of a property currently zoned A2/H2, which is identified on Exhibit 2 of the October 13, 2025 Temporary Investigative Group report, this legislation directly impacts my property rights.
Creating new H3 and H4 zoning districts that function on a "like-for-like" basis with existing A1 and A2 development standards is a crucial step forward for our community.
During the previous deliberations on Bill 9, at least seven councilmembers specifically expressed their explicit support for creating these new zoning districts.
Now that Bill 9 has officially passed, the time has come for those councilmembers to honor their statements.
I urge the committee to vote yes and pass Bill 88 clean to establish these necessary zones without delay.
Thank you for your time, leadership, and consideration of this matter.
Dear Chair U‘u-Hodgins, Vice Chair Batangan, and members of the Housing and Land Use Committee:
I am writing to express my strong support for the clean passage of Bill 88.
As a condominium owner of a property currently zoned A2/H2, which is identified on Exhibit 2 of the October 13, 2025 Temporary Investigative Group report, this legislation directly impacts my property rights.
Creating new H3 and H4 zoning districts that function on a "like-for-like" basis with existing A1 and A2 development standards is a crucial step forward for our community.
During the previous deliberations on Bill 9, at least seven councilmembers specifically expressed their explicit support for creating these new zoning districts.
Now that Bill 9 has officially passed, the time has come for those councilmembers to honor their statements.
I urge the committee to vote yes and pass Bill 88 clean to establish these necessary zones without delay.
Thank you for your time, leadership, and consideration of this matter.