The following testimony was submitted by the Grassroot Institute of Hawaii for consideration by the Maui County Council on March 7, 2025.
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March 7, 2025, 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 (2024) CD1 — 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 supports Bill 105 (2024), CD1, which would modify how nonconforming structures and uses can be rebuilt or restored after being destroyed by a natural disaster.
The reforms in this bill are critical for Lahaina’s comeback — especially for its charming historic aesthetic.
In particular, the bill would provide a four-year window during which nonconforming structures and uses could be restored, under certain conditions. The Maui planning director could extend that window an additional two years if the building owner were to demonstrate good cause that the extra time is necessary and if the structure or use is located in a county historic district or a special management area.
For structures or uses destroyed or discontinued because of the August 2023 wildfires, the window for restoring a building or use would be open until April 1, 2029.
The bill would also specify that non-owner-occupied transient vacation rental units would not be considered as a nonconforming use that could be restored under this bill.
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 after the 2023 wildfires.
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 nonconforming structures and reinstitution of nonconforming uses.[2]
Grassroot’s recent policy brief “Six ways to speed up the recovery and rebuilding of Lahaina” addresses Bill 105 (2024) in detail and discusses other strategies the Council could adopt to reduce barriers to rebuilding in Lahaina.
We would welcome further dialogue about this issue.
Thank you for the opportunity to testify.
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.
