The following testimony was submitted by the Grassroot Institute of Hawaii for consideration by the Maui County Council on July 19, 2024.
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July 19, 2024, 9 a.m.
Council Chamber, Kalana O Maui Building
To: Maui County Council
Alice Lee, Chair
Yuki Lei Sugimura, Vice-Chair
From: Jonathan Helton, Policy Researcher
Grassroot Institute of Hawaii
RE: Bill 105 — A BILL FOR AN ORDINANCE AMENDING SECTION 19.500.110, MAUI COUNTY CODE, REGARDING NONCONFORMITIES
Aloha Chair Lee, Vice-Chair Sugimura and other members of the Council,
The Grassroot Institute of Hawaii would like to offer its support for Bill 105 (2024), which would modify how nonconforming structures and uses can be rebuilt or restored after being destroyed in a natural disaster.
In particular, the bill would provide a four-year window during which nonconforming structures and uses could be restored, under certain conditions.
The Maui County Code currently requires that any structure 50% or more destroyed must be rebuilt under existing zoning codes, with limited exceptions for historic properties and certain multifamily dwellings. Likewise, nonconforming uses cannot be restored in a structure if they have been discontinued for 12 or more consecutive months.[1]
These standards obviously present a major challenge to Maui residents attempting to rebuild the devastating wildfires of Aug. 8, 2023.
For example, restoring Lahaina’s community-focused and walkable town center will not be possible without zoning changes such as the ones proposed in this bill.
After Hurricane Iniki struck Kauai in 1992, the Kauai County Council adopted an ordinance similar to this bill to foster the reconstruction of old, nonconforming structures.[2]
Grassroot believes this bill would move the county in the right direction, though we are concerned whether increasing the window from 12 months to four years would still be enough. At the rate Lahaina’s rebuilding is taking place currently, four years might be far too little for some affected property owners.
Thank you for the opportunity to offer our comments.
Jonathan Helton
Policy Researcher
Grassroot Institute of Hawaii
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[1] Kate Blystone, “A Bill For an Ordinance Amending Section 19.500.110, Maui County Code, Regarding Nonconformities,” Memo to the Maui, Molokai and Lanai Planning Commissions, Feb. 21, 2024.
[2] “Iniki exceptions OK’d by Council,” Honolulu Advertiser, Feb. 11, 1993.
