Jack Roden

Resolution 25-230 Advances Proposed H-3 and H-4 Hotel Zones. Maui County is considering a proposal to establish two new hotel zoning districts, H-3 and H-4, intended to address how certain lawfully existing transient vacation rentals (TVRs) located in Apartment-zoned properties may be treated if a future phase-out ordinance is adopted.

Last Wednesday 1/7/26, the Maui County Council voted 8–1 to refer the proposed H-3 and H-4 zoning ordinance to the Lānaʻi, Maui, and Molokaʻi Planning Commissions for review and recommendation. This action does not enact any zoning changes. It formally advances the proposal to the advisory review stage of the legislative process.

The stated intent of the H-3 and H-4 districts is limited in scope. As proposed, these districts would apply only to properties that are currently zoned Apartment (A-1 or A-2) and that were lawfully operating as TVRs prior to any future phase-out ordinance. H-3 would apply to properties zoned A-1, and H-4 would apply to properties zoned A-2. If ultimately adopted following Planning Commission review and subsequent Council action, qualifying properties could continue their existing TVR use as a permitted hotel use, rather than becoming nonconforming.

The proposal follows earlier analysis and recommendations developed through a Temporary Investigative Group convened by the Maui County Council to study potential policy approaches related to Bill 9 and Apartment-zoned transient vacation rentals.

The proposed H-3 and H-4 districts are not equivalent to traditional hotel or resort zoning. Unlike H-1 or H-2 districts, they would not permit new transient vacation rentals, increased density, or additional visitor-oriented entitlements. Development standards would largely mirror existing Apartment zoning requirements, reflecting an intent focused on use continuity rather than expansion.

No properties would be automatically rezoned under this proposal. Any rezoning would require further legislative action, including additional public hearings, before final adoption.

For owners, buyers, and sellers, the Council’s 8–1 referral vote highlights the growing importance of zoning classification — not solely existing use — when evaluating long-term regulatory treatment as Maui County continues to consider changes to its visitor accommodation policies.

 

Source:
Maui County Council, Resolution No. 25-230 and the associated proposed ordinance establishing the H-3 and H-4 Hotel Districts.