On February 24, 2026, the Maui Planning Commission voted to deny the proposed creation of new hotel zoning districts commonly referred to as H-3 and H-4. These districts were advanced through Resolution 25-230 following recommendations made by the Temporary Investigative Group during the Bill 9 review process.
To understand why this vote matters, it is important to understand what the proposal was and what it was not.
What Resolution 25-230 Was Designed to Do
Resolution 25-230 was not a mass rezoning effort. It did not reclassify any individual properties. It was designed to establish a zoning framework, a structural land-use category, that future legislation could rely upon.
Bill 9 phases out short-term rental use in apartment-zoned properties over a staggered timeline. At the same time, the ordinance preserves the ability for property owners to apply individually for land-use designation changes. That mechanism is written into the law.
For that pathway to function in practice, however, there must be a defined zoning category into which properties could transition. The proposed H-3 and H-4 districts were intended to provide that structural designation.
In practical terms, the resolution was about creating a legally recognized landing zone for properties that may seek to continue short-term rental use through a formal rezoning process.
The Planning Commission’s Decision
The Planning Commission voted to deny the proposal.
The reasoning reflected broader land-use policy concerns, including the long-term direction of housing supply and the expansion of hotel classifications. From a planning perspective, that is a policy judgment.
From a structural standpoint, however, the denial leaves an unresolved question: if owners are permitted to seek land-use designation changes under Bill 9, what zoning category would they apply into?
The Temporary Investigative Group, which consulted with members of the Maui Planning Commission, recommended establishing additional hotel districts precisely to address that question. The Commission’s vote therefore represents a departure from that earlier implementation framework.
Why This Matters
Bill 9 is now law. Its practical impact, however, depends on how its implementation mechanisms function.
The creation of new hotel districts was not about expanding visitor inventory indiscriminately. It was about defining how certain long-standing short-term rental properties, particularly those historically operating under County approvals, could be evaluated within a formal land-use structure.
Without that framework, the process for property-specific designation changes becomes less clear and potentially more discretionary.
What Happens Next
It is important to remember that Planning Commission decisions are advisory. The Maui County Council holds final legislative authority. The Council may:
- Accept the Commission’s recommendation
- Reject it
- Modify the proposal
- Advance revised zoning language
The resolution will now proceed through the remaining planning commissions on Lānaʻi and Molokaʻi, which are anticipated to hear the matter in mid-March. Following those hearings, the measure will return to the Maui County Council for discussion and a final vote on whether to proceed with creation of the proposed H-3 and H-4 hotel zoning districts.
As we have consistently stated, Bill 9’s passage marked the beginning of a multi-year implementation process. Zoning structure, Council action, planning review, and court rulings will all influence how the law ultimately functions in practice.
How the Denial Affects the Council Vote
Under Maui County Council rules, when a planning commission issues a recommendation of denial, the Council must now secure a supermajority vote to advance the measure.
Practically speaking, that means at least six Councilmembers must vote in favor for the resolution to pass.
This raises the threshold. It does not end the process.
The Broader Perspective
Land-use policy is rarely resolved in a single vote. Particularly when long-established property uses are involved, the path forward tends to move through multiple stages of refinement.
The Planning Commission’s decision does not conclude the discussion. It shifts it back to the Council, where the structural question remains: how will the land-use code accommodate the mechanisms written into Bill 9 itself?
We will continue to monitor how the Council responds and how the zoning framework evolves. If you would like to discuss how these developments may affect a specific property or investment strategy, we are always available to provide informed guidance.
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:
THIS POST: Maui Bill 9 Update: Planning Commission Denies Proposed Hotel Zoning Framework (February 2026; Planning Commission denies proposed H-3 and H-4 hotel zoning, triggering a supermajority vote at Council)
Bill 9 Update: Timeline, Impact, and What Maui Property Owners Should Expect (July 2025; General explanation of Bill 9 and FAQs)
Bill 9 Update: Possible Path to Re-zoning from Apartment to Hotel/Resort (September 2025; Expected Timeline of Bill 9 and formation of the Temporary Investigative Group (TIG), and what they’re looking at)
Bill 9 Update: New Hotel Zones Proposed to Protect Vacation Rentals (October 2025; TIG Recommendations including new Hotel Zones H3 & H4 and which properties they recommend to be rezoned to H3 & H4)
Bill 9 Update: Bill 9 Passed, What Happens Next (December 2025; Bill 9 Signed into Law, FAQs for Buyers & Sellers)
Bill 9 Legal Update: First Lawsuit Filed (December 2025; Details about the first lawsuit filed on Bill 9)
Bill 9 Update: New Hotel Zoning Advances to Planning Commissions (January 2026; The first significant implementation step tied to Bill 9: H3 & H4 Hotel Zones Advance to Planning Commission)
