Bill 88 H-3/H-4 Zoning Tracker
A plain-English guide to where Maui's Bill 88 H-3/H-4 zoning process stands now.
Last updated: July 7, 2026
Quick Summary

Bill 88 creates the new H-3 and H-4 hotel zoning districts, but it does not automatically rezone any property.

Based on the July 6 HLU meeting outcome currently being reported, amended versions of Resolution 26-110 and Resolution 26-111 appear to have advanced to the Maui Planning Commissions for review.

The official County status agenda and amended resolutions should be reviewed once posted to confirm the final vote language and final property lists.

Important: These properties have not been finally rezoned. They appear to have moved into the next major review step.

The Big Picture: Two Separate Tracks
Track 1: Bill 88

This creates the new H-3 and H-4 hotel zoning districts.

Status: Passed by Council. Awaiting Mayor's action.

Track 2: Property Rezonings

This decides which individual properties may actually be moved into H-3 or H-4 zoning.

Status: First group appears to have advanced to Planning Commission review.

This distinction is important. A property can be listed in a resolution and still not be finally rezoned. Several more public steps remain.

Latest Update: First Property Lists Appear to Have Advanced

On July 6, 2026, the HLU Committee continued its review of Resolutions 26-110 and 26-111, which contain the first group of properties proposed for possible H-3 and H-4 rezoning.

Based on the meeting outcome currently being reported, amended versions of those resolutions appear to have advanced to the appropriate Maui Planning Commissions for review and recommendation.

The property lists were amended during the committee process. Some properties appear to have been added, some removed, and additional property categories may be addressed in future resolutions.

Important: This is not final rezoning approval. It is a major step forward in the review process, pending confirmation from the official County documents.

What “Advanced for Review” Actually Means

When a property is included in one of these resolutions, it does not mean the property is already protected or permanently approved for short-term rental use.

It means the Council is allowing that property to enter the formal review process for possible H-3 or H-4 rezoning.

Simple version: The property is not rezoned yet. It has moved into the next round of review.

The Planning Commissions may recommend approval, denial, amendments, or removal of certain properties. The County Council can later accept, reject, or modify those recommendations.

H-3 vs. H-4: What Is the Difference?

The simplest way to understand it is this:

  • H-3 is the hotel-zoning counterpart to the A-1 Apartment District.
  • H-4 is the hotel-zoning counterpart to the A-2 Apartment District.

Bill 88 describes H-3 and H-4 as being reserved for units or structures that had been in the A-1 and A-2 Apartment Districts, respectively, where transient vacation rentals had been permitted uses.

CategoryH-3H-4
Generally tracks fromA-1 ApartmentA-2 Apartment
Maximum building height35 feet60 feet
Maximum lot coverage25%35%
Floor area ratio40% for lots 3 acres or more; 50% for lots under 3 acres90%
General takeawayLower intensityHigher intensity

Both H-3 and H-4 would allow residential and apartment uses, along with qualifying transient vacation rental use, if the property meets the required criteria.

Plain-English Process Map
PhaseWhat HappensStatus
1. Create H-3 / H-4 zoningBill 88 creates the new hotel zoning districts.Passed Council
2. Select first propertiesHLU Committee decides which properties should be in the first rezoning package.Appears completed for first group
3. Planning Commission reviewPlanning Commissions review the proposed property rezonings and make recommendations.Next major step
4. Back to HLU CommitteeHLU reviews Planning Commission recommendations and may amend the package.Future step
5. Full County CouncilCouncil votes on the actual zoning map changes, likely through first and second readings.Future step
6. Final ActionIf approved, the zoning map changes become final after the required final action.Future step
Can Properties Still Be Removed or Changed?

Yes. A property being included in the current list is a positive step, but it is not a guarantee.

During the review process, a property could still be:

  • Recommended for approval
  • Recommended for denial
  • Moved to a different category
  • Removed from the current package
  • Delayed for more documentation
  • Added to a later resolution instead

The Planning Commission recommendation is important, but it is advisory. The County Council can still make the final decision.

Why the Property Lists Are Still Changing

The original H-3/H-4 recommendations came from months of review by the Temporary Investigative Group, often called the TIG. Those recommendations were important, but they were not final zoning decisions.

The Council is now turning those recommendations into actual zoning-map proposals. That is why the property lists are still being debated, amended, and refined.

During the July meetings, committee members discussed different categories of properties, including:

  • Properties that clearly operated like visitor accommodations
  • Properties with mixed long-term and short-term use
  • Leasehold properties
  • Timeshare properties
  • Single-owner properties
  • Properties with shoreline, parking, financing, or structural concerns
  • Properties that may need to prove historical visitor accommodation use

That means this process is not simply a rubber stamp of an old list. The County is still deciding which properties should move forward, in what order, and under what reasoning.

How Many Waves Could There Be?

The current resolutions appear to cover only the first group of properties.

The broader Minatoya property list and TIG recommendations included far more properties than the first two resolutions. That means additional Council-initiated rezoning resolutions are expected if the Council continues moving forward.

Future waves may address:

  • Additional Minatoya List condominium properties
  • Properties that were not included in the first resolutions
  • Timeshare or mixed-use properties
  • Single-owner properties
  • Properties needing more documentation
  • Properties that may apply individually rather than through a Council-initiated resolution

If a property is not in the first group, that does not necessarily mean it is permanently excluded. It may be considered in a later phase or through a separate application process.

What Owners and Associations Should Prepare

Owners and associations should not assume that inclusion on a list is enough. The County may ask for documentation showing why a property should be considered for H-3 or H-4 zoning.

Helpful documentation may include:

  • Historical marketing materials
  • Original sales brochures or offering materials
  • AOAO or association records
  • Governing documents
  • Tax records showing visitor accommodation or STR use
  • County records showing TVR, STR, hotel, or resort-related use
  • Records showing long-standing vacation rental operations
  • Evidence of front desk, management, housekeeping, or resort-style operations
  • Information about leasehold terms, financing limits, parking, unit size, or other practical barriers to long-term housing use

Owners should coordinate with their AOAO, property manager, legal counsel, or other qualified advisors before submitting formal materials.

Which Properties Are Affected?

Bill 88 does not apply equally to every condominium project on Maui. It creates a possible hotel-zoning pathway for certain apartment-zoned properties affected by Bill 9.

The first amended resolutions appear to include selected properties proposed for H-3 and H-4 review, but those properties have not received final rezoning approval.

To view the broader property guide, including:

  • All Minatoya List properties
  • Properties recommended for potential H-3 / H-4 zoning
  • Properties not recommended for H-3 / H-4 zoning
  • General Bill 9 phase-out timelines
View Bill 9 & Minatoya Property Guide
What Bill 88 Would Do
  • Create two new hotel zoning districts: H-3 and H-4.
  • Provide a possible zoning pathway for certain Minatoya List properties affected by Bill 9.
  • Allow future consideration of whether specific properties should be rezoned into one of the new hotel districts.
  • Preserve Bill 9 unless a property later qualifies for and receives separate rezoning approval.
What Bill 88 Would Not Do
  • It would not repeal Bill 9.
  • It would not automatically save every Minatoya List property.
  • It would not automatically rezone any condo complex.
  • It would not create new short-term rental rights by itself.
  • It would not guarantee that every property in the current resolutions will receive final approval.
Status Chart
StepActionStatus
Bill 88 FrameworkCreates H-3 and H-4 hotel zoning districtsPassed Council
Mayor's ActionMayor may sign, veto, or allow Bill 88 to become law without signaturePending
Resolutions 26-110 and 26-111First group of properties appears to have advanced to Planning Commission reviewAwaiting official posted documents
Planning Commission ReviewPlanning Commissions review proposed property-specific rezoningsNext Step
HLU Committee Follow-UpCommittee reviews recommendations and may amend the property listFuture Step
County Council ReadingsCouncil considers final zoning map changesFuture Step
Final RezoningProperty officially becomes H-3 or H-4 only after final approvalNot Yet
Why This Matters

Many owners hear that a property has been “approved” and assume that means the zoning issue is resolved. That is not the case.

The July 6 action, if confirmed by the official County documents, is important because it moves the first group of properties into formal Planning Commission review. But the final zoning decision still has several steps to go.

For affected owners, the key question is not only whether Bill 88 becomes law. The more specific question is whether their individual property is included, whether it survives Planning Commission review, and whether the County Council ultimately approves the final zoning map change.

What to Watch Next
  • Mayor Bissen's action on Bill 88
  • Publication of the official amended versions of Resolutions 26-110 and 26-111
  • Planning Commission hearing dates
  • Any properties added, removed, or separated into future resolutions
  • Additional Council-initiated rezoning waves
  • Public testimony opportunities
  • Final County Council action on individual rezoning bills
  • How individual AOAO boards and owners respond

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