Maui Bill 9 Update: All Three Planning Commissions Have Now Recommended Denial

Since our last update, the process has moved forward on three fronts: the zoning framework, the legal challenges, and an election year that adds important context. Here is where things stand.

The Zoning Framework

All three Planning Commissions (Maui, Lanaʻi, and Molokaʻi) have now recommended denial of Resolution 25-230, the measure that would establish the H-3 and H-4 hotel zoning districts. As a result, the Maui County Council will need a supermajority of six votes to advance the framework. The Council will determine when to schedule hearings. When the matter does move forward, we anticipate two rounds of Council hearings before any final action is taken. Member testimony at those hearings is expected to be meaningful to the outcome.

A separate but related thread: the Council-initiated rezoning process for properties on what is known as Exhibit 2, the list of specific properties that would potentially be rezoned from apartment (A-1/A-2) to hotel (H-3/H-4) zoning, has been delayed. That delay is tied to the Planning Commission hearing timeline and the county budget process. Criteria being discussed for potential inclusion include timeshare units, short-term leasehold agreements, higher-value units, and properties within designated Sea Level Rise Exposure Areas. Property owners and complexes may have the opportunity to request inclusion if and when those criteria are formally introduced. Nothing has been finalized.

The Legal Challenges: Three Cases, Three Tracks

Multiple legal challenges to Bill 9 are now moving through the courts simultaneously. They are separate cases making different arguments, and it is worth understanding what each one is actually doing.

The Lynam Class Action. This is the case most people have heard about. The damages portion of the lawsuit was dismissed, but the constitutional challenge remains active. That challenge is what is known as a “facial” challenge, meaning it argues that Bill 9 is unconstitutional on its face, not just as applied to specific properties. A scheduling conference is set for April 30.

The Malter case is continuing forward with a hearing scheduled for April 28.

A third federal case remains pending filing.

None of these cases has changed the current status of Bill 9. We will share updates as material developments occur. Legal timelines in matters of this complexity can move slowly, and outcomes remain subject to ongoing court proceedings. We will continue to follow these cases and share updates as material developments occur.

The 2026 Election: Why Council Composition Matters

This is an election year in Maui County, and the outcome of several races could shape how and when the Council addresses the zoning question under Resolution 25-230.

All nine Maui County Council seats are up for election in 2026. The Mayor’s office is also on the ballot. Given that the H-3/H-4 zoning framework now requires a supermajority of six Council votes to advance, the composition of the Council that takes office after the November election is directly relevant to where this process goes next.

The candidate filing deadline is June 2, 2026. The full candidate list is not yet known. Key Council races to watch include those in Upcountry, Kihei, Wailuku, and Kahului. On the mayoral side, declared candidates as of this writing include Yuki Lei Sugimura, P Denise La Costa, and Richard Bissen.

We do not endorse candidates and encourage you to follow the REALTORS® Association of Maui, the Maui Chamber of Commerce, and Maui Nui Empowered for community resources.

The connection between the election and Bill 9 is not speculative. It is structural. A Council that can or cannot assemble six votes on the zoning question is the Council that will determine what happens next.

What This Means for You

Bill 9 is law. Phase-out enforcement begins January 1, 2029, in West Maui and January 1, 2031, in other affected apartment-zoned districts. That has not changed.

The implementation process is multi-stage, and outcomes remain subject to Council action, legal developments, and election results. If you own a property on the Minatoya List, or if you are evaluating a condo purchase and want to understand how Bill 9 intersects with a specific property’s zoning and use flexibility, that is exactly the kind of conversation we’re here to help you with.

If you want to talk through what any of this means for your situation, we are here.

With Aloha,

This Bill 9 Maui Real Estate update represents our opinion based on available information and should not be considered financial or legal advice.

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