Housing and Land Use Committee Meeting – September 9, 2026

The Housing and Land Use Committee (HLU) of the Maui County Council reconvened from previous sessions (August 5, 19, and 27, 2026) to consider Resolution 26-129 and Resolution 26-130, which would refer to the Maui Planning Commission proposed bills to amend community plans and rezone apartment-district properties in the Sea Level Rise Exposure Area (SLREXA) to hotel districts, allowing continued Transient Vacation Rental (TVR) uses. The meeting ran from 10:32 a.m. to 5:02 p.m., with multiple recesses for deliberation. Oral testimony was closed, but written testimony continued to be accepted.

Public Comments & Testimony

• No oral testimony was taken; the oral testimony period had closed prior to this meeting.

Discussion Items

Resolution 26-129 – Criteria and Conditions The committee focused on establishing criteria to determine which properties among eight listed (including Island Sands, Maalaea Kai, Kihei Bay Surf, Kihei Bay Vista, Lokelani, Hale Ono Loa, Pikake, and Hale Kai I) would qualify for referral to the planning commission.

• Councilmember Paulton proposed a criterion that properties in Kihei must be makai (ocean side) of South Kihei Road to be included, arguing the county is defending that road’s infrastructure. She also proposed three conditions for the committee report: (1) public beach access from 8 a.m. to 10 p.m. where absent; (2) updated state certified shoreline assessment; and (3) requiring removal or bonding for structures within 40 feet of the certified shoreline, with removal when within 20 feet.
• Councilmember Rollins Fernandez proposed a criterion based on historical residential use: properties where owner-occupied or long-term residential uses exceeded 25% of total units in calendar year 2008 (as a proxy for predominantly visitor accommodations) would be excluded from rezoning. She also proposed a condition requiring property owners to execute an agreement for removal of human-made objects if structures become threatened by sea level rise.
• Councilmember Batangan and others debated the legal nexus for conditions, with Deputy Corporation Counsel explaining that conditions must have a rational nexus to the impact of the zoning change and be roughly proportional.
• After extensive debate, a motion to adopt Paulton’s South Kihei Road criterion failed (4 ayes, 5 noes). A motion to adopt Rollins Fernandez’s original 25% criterion also failed (4 ayes, 5 noes).
• A compromise amendment by Paulton to apply the 25% criterion except for properties in flood hazard areas was then passed (5 ayes, 4 noes). Under this, the three properties excluded from rezoning were Island Sands, Maalaea Kai, and Hale Kai I.
• The committee then voted to amend Resolution 26-129 by incorporating the approved criteria (properties with >50% of structures in SLREXA, flood hazard area, or shoreline setback; properties not originally built for affordable/workforce housing; and the exclusion of the three properties identified under Paulton’s amended criterion). The amended resolution passed (5 ayes, 4 noes).
• The proposed conditions (beach access, shoreline assessment, and removal agreements) were not voted on but will be transmitted to the Maui Planning Commission as ideas for their consideration, along with noting that there was no consensus on them.

Resolution 26-130 – Two Additional Properties Councilmember Cook introduced Resolution 26-130 to rezone two properties: 10 Walaka Street (Kihei) and Makai Sunset Inn (Lahaina, which burned down in the Lahaina fire) to allow continued TVR use.

• Councilmember Paulton moved to file the resolution, arguing that 10 Walaka Street had not paid correct property taxes until recently and that Makai Sunset Inn, destroyed by fire, should not create new shoreline hotel uses. That motion to file failed (4 ayes, 5 noes).
• Councilmember Cook then moved to adopt the resolution. After discussion about the property tax history and lack of final payment verification, the committee voted to defer Resolution 26-130 to a future meeting, as key resource persons were no longer available and additional documentation was needed.

Key Outcomes

• Resolution 26-129 was recommended for adoption (5-4 vote) with the approved criteria: properties meeting the 50%+ footprint test in SLREXA, flood hazard area, or shoreline setback, and not originally intended for workforce housing, with the additional exclusion of Island Sands, Maalaea Kai, and Hale Kai I based on the 25% residential use criterion (excluding flood zone properties).
• Proposed conditions from Paulton and Rollins Fernandez were not adopted but will be forwarded to the planning commission as discussion points, with a note that they lacked unanimous support.
• Resolution 26-130 was deferred; no further action taken on September 9, 2026.
• The meeting adjourned at 5:02 p.m.