Real Estate

Maui Planning Department Finalizes Short-Term Occupancy List

June 26, 2018, 10:25 AM HST
* Updated June 26, 12:20 PM
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The Maui County Planning Department has finalized the short-term occupancy list.

The list can be used by the public, property owners, realtors and the County for a quick determination about whether short-term occupancy – defined by the county as fewer than 180 days – is allowed without a permit.

The list does not include hotel and resort properties that lawfully provide short-term occupancy through their underlying zoning.

“If a property is on the list, then short-term occupancy is allowed without a permit. If a property is not on the list and someone believes that short-term occupancy is allowed by grandfathering or other means, then please contact the Planning Department so that we can make a determination,” said Deputy Planning Director Michele McLean. “We hope that the list is exhaustive but acknowledge that there could be properties that may have grandfathered status and that should be added.”

The “Minatoya” list covers condominiums, apartments and planned developments that are not hotels but that can lawfully conduct short-term or vacation rentals without any type of state or county permit.

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Such uses are allowed on these properties due to their existing zoning or because the use is “grandfathered” – meaning that it was lawful in the past when the use was established and so the use can continue, as long as it does not stop for more than twelve consecutive months.

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The effort to compile this list was initiated after the County Council adopted ordinances in 2014 and 2016 to clarify the grandfathering status: Ordinance Nos. 4167, 4315 and 4369 served to codify a written opinion issued by then-Deputy Corporation Counsel Richard Minatoya that such uses were grandfathered, hence this effort being referred to as the Minatoya list.

The list can be found on the department’s website, scroll down to “Hot Topics” and click on “Short-Term Occupancy List.”

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