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.
This creates the new H-3 and H-4 hotel zoning districts.
Status: Passed by Council. Awaiting Mayor's action.
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.
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.
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.
The simplest way to understand it is this:
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.
| Category | H-3 | H-4 |
|---|---|---|
| Generally tracks from | A-1 Apartment | A-2 Apartment |
| Maximum building height | 35 feet | 60 feet |
| Maximum lot coverage | 25% | 35% |
| Floor area ratio | 40% for lots 3 acres or more; 50% for lots under 3 acres | 90% |
| General takeaway | Lower intensity | Higher 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.
| Phase | What Happens | Status |
|---|---|---|
| 1. Create H-3 / H-4 zoning | Bill 88 creates the new hotel zoning districts. | Passed Council |
| 2. Select first properties | HLU Committee decides which properties should be in the first rezoning package. | Appears completed for first group |
| 3. Planning Commission review | Planning Commissions review the proposed property rezonings and make recommendations. | Next major step |
| 4. Back to HLU Committee | HLU reviews Planning Commission recommendations and may amend the package. | Future step |
| 5. Full County Council | Council votes on the actual zoning map changes, likely through first and second readings. | Future step |
| 6. Final Action | If approved, the zoning map changes become final after the required final action. | Future step |
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:
The Planning Commission recommendation is important, but it is advisory. The County Council can still make the final decision.
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:
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.
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:
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.
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:
Owners should coordinate with their AOAO, property manager, legal counsel, or other qualified advisors before submitting formal materials.
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:
| Step | Action | Status |
|---|---|---|
| Bill 88 Framework | Creates H-3 and H-4 hotel zoning districts | Passed Council |
| Mayor's Action | Mayor may sign, veto, or allow Bill 88 to become law without signature | Pending |
| Resolutions 26-110 and 26-111 | First group of properties appears to have advanced to Planning Commission review | Awaiting official posted documents |
| Planning Commission Review | Planning Commissions review proposed property-specific rezonings | Next Step |
| HLU Committee Follow-Up | Committee reviews recommendations and may amend the property list | Future Step |
| County Council Readings | Council considers final zoning map changes | Future Step |
| Final Rezoning | Property officially becomes H-3 or H-4 only after final approval | Not Yet |
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.

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