Maui’s Planning Commission on Tuesday recommended that the County Council oppose a rezoning bill aimed at preserving short-term rental operations for thousands of units that would otherwise be phased out under Bill 9. The decision came after more than two hours of testimony, with speakers on both sides arguing over whether creating new hotel zoning districts would protect housing access—or cushion property owners against economic disruption and lawsuits.
The rezoning legislation followed an earlier, amended version of Bill 9 that Maui Mayor Richard Bissen supported after the county sent the measure to its three planning commissions for feedback in January. Bill 9 was designed to end exemptions that, according to the report, have allowed more than 7,000 apartment-zoned units across Maui County to function as short-term rentals.
Under the new bill discussed at Tuesday’s meeting, the county would create two hotel zoning districts so that up to 4,500 of the units affected by the Bill 9 phase-out could continue operating as vacation rentals. The Planning Commission recommended opposing the bill after making its decision, leaving the rezoning proposal facing a higher approval threshold at the County Council: it could only become law if a two-thirds supermajority of the nine-member council approved it.
At least one commissioner questioned the commission’s recommendation on Tuesday. Brian Ward, described in the report as the only member who went against the recommendation, said that creating the new hotel zones would protect the county from lawsuits, while other commissioners emphasized housing priorities and the community’s stated goal of reducing transient rentals.
Planning Commissioner Mark Deakos said the commission and County Council backed Bill 9 and decided to phase out those uses, describing the separate rezoning effort as “a way to undermine Bill 9.” Deakos and other commissioners also pointed to years of public input favoring fewer vacation rentals and more long-term housing.
As passed, Bill 9 is scheduled to begin taking effect Jan. 1, 2029 in West Maui and Jan. 1, 2031 in the rest of the county, with the report noting that the vast majority of affected properties are in Kīhei and West Maui. The timing is closely tied to the provisions that end the exemptions allowing apartment-zoned units to be used as short-term rentals.
A number of groups and residents celebrated the adoption of Bill 9 after it was signed in December, including Lahaina Strong and the Maui chapter of the International Longshore and Warehouse Union, according to the report. They framed Bill 9 as a way to create housing for fire survivors and local residents, describing it as part of an effort that began after the deadly 2023 wildfires displaced more than 12,000 people.
Other residents and property owners who opposed Bill 9 said the county needed alternative approaches to blunt the economic impact of changing rental rules. County Council member Tom Cook, who served on the investigative group, introduced the rezoning bill in December and said it was intended in part to protect the county from lawsuits filed by affected property owners, some of whom have already brought claims saying Bill 9 violates individual property rights.
Testimony at Tuesday’s meeting reflected those competing priorities. Property owner Linda Mitchell urged commissioners to recommend the rezoning and said it would not be fair to punish owners who had legally operated vacation rentals for years while paying thousands of dollars in property taxes. “It will be wonderful if that is done and we can count on it and not have to go through the somewhat agony that we have been through wondering if our business of over 30 years would be taken away from us,” Mitchell said.
Other speakers, including Paele Kiakona, a lead organizer with Lahaina Strong, said the rezoning effort appeared designed to undercut locals’ push for Bill 9 and allow property owners to continue setting aside residential units for tourists. “It’s ridiculous that our community has to fight so hard to get something pushed through, and then there’s an effort to go and circumnavigate this,” Kiakona said.
The Molokaʻi and Lānaʻi Planning Commissions are scheduled to take up the rezoning bill on March 11 and March 18, respectively.