Maui Bill 9 Update: New Hotel Zoning Advances to Planning Commissions

Jan 9, 2026Maui News and Events

Maui Bill 9 Update- New Hotel Zoning Advances to Planning Commissions

Since late December, the Maui County Council has been considering Resolution 25-230, the first significant implementation step tied to Bill 9, focused on proposed H-3 and H-4 Hotel District zoning recommended by the Temporary Investigative Group.

On January 7, 2026, the Maui County Council took a meaningful step forward by referring proposed new hotel zoning districts (H-3 and H-4) to the County’s planning commissions. The Council’s vote was 8–1 in favor of referring the matter to the planning commission, signaling broad support for advancing the zoning work after months of discussion.

While much work remains ahead, this action represents progress in establishing a clearer path forward for how certain properties may be treated under future legislation.

Establishing the Zoning Framework First

The Council’s action in favor of Resolution 25-230 was a step towards establishing a framework for additional hotel zoning districts, often referred to in earlier discussions as H-3 and H-4, that do not currently exist in Maui’s zoning code but would formally allow short-term vacation rental use under a hotel classification.

The goal of this initial legislation was for the Maui, Molokaʻi and Lānaʻi planning commissions to create a place for certain properties to land, giving apartment-zoned units that have historically operated as short-term rentals a potential future category they could transition into once future rezoning bills are introduced.

Importantly, this step does not itself rezone any individual complex. Subsequent legislation will be necessary to rezone properties, including those identified in the Temporary Investigative Group’s Exhibit 2, into the new hotel districts.

In a recent council meeting, Council members mentioned that when property-specific rezoning is considered, properties not listed in Exhibit 2 could still be brought before the Council for review, reinforcing that Bill 9’s implementation will remain a multi-stage, case-by-case process as the County continues to refine its approach to Bill 9 implementation.

Deliberations and Amendments

During discussion, several amendments were proposed, including ideas related to shoreline access, parking availability, and profit contributions tied to the new districts. However, Council members expressed concern that environmental and access policies should be addressed on a countywide basis, rather than incorporated piecemeal into a single zoning measure, and the proposed amendments did not secure enough support to be adopted.

By advancing the base zoning framework without those amendments, the Council kept the focus on moving the overall Bill 9 implementation structure forward in a timely manner rather than stalling over additional policy elements.

Why Timing Matters

This vote was significant not only for what it did, but when it happened. Referring the zoning framework to the planning commissions at this stage was viewed as important because the current Maui Planning Commission had worked closely with the Temporary Investigative Group during its review process and was already familiar with the underlying analysis and recommendations.

Sending the legislation forward in a timely manner to the current Maui Planning Commission allows that institutional knowledge to remain part of the conversation as the next phase unfolds.

What Happens Next

With Council approval, the proposed hotel zoning framework now moves to the Maui, Molokaʻi, and Lānaʻi Planning Commissions for review. The Maui Planning Commission could hear the item as soon as February, though dates and outcomes remain subject to change.

This step keeps the Temporary Investigative Group’s work moving forward, but it also highlights that implementation of Bill 9 will be a multi-stage process, requiring additional legislation, public input, and further Council action before any property-specific rezonings occur.

Legal Challenges Continue to Emerge

Separately, legal challenges to Bill 9 continue to develop. In addition to the initial lawsuit filed in December, a new class-action lawsuit has now been filed challenging the law’s legality and its impact on long-established short-term rental uses.

These cases reinforce a key point: while Bill 9 is now law, how it is implemented, enforced, and potentially litigated will ultimately shape its real-world impact. Courts, planning commissions, and future Council actions will all play a role in determining outcomes for affected property owners.

The Bigger Picture

Taken together, this week’s Council action represents a positive step in the right direction, but not a conclusion. Establishing zoning categories, reviewing rezonings, navigating legal challenges, and determining enforcement mechanisms will take time.

For buyers, sellers, and owners, the months and years ahead will be defined less by the passage of Bill 9 itself and more by the subsequent decisions that determine how the law is applied in practice.

We will continue monitoring each step of Bill 9’s implementation and are available to help buyers and sellers understand what these changes may mean for their specific situation.

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.

Interested in learning more about Bill 9? You can read our other updates here:

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