SMA permits suspended for wildfire-impacted Lahaina properties mauka of Front Street

A waiver of special management area rules for Lahaina wildfire survivors is expected to reduce rebuilding permit processing by about a year, speeding reconstruction and economic recovery for the West Maui community impacted by the deadly Aug. 8, 2023, wildfires.

In his 20th emergency proclamation for the Maui wildfires, Gov. Josh Green has temporarily suspended the need for hundreds of Lahaina property owners to obtain special management area permits for rebuilding. The order affects 636 fire-impacted properties located mauka of Front Street or outside of the erosion hazard line. Makai properties in the fire zone still need to go through the full SMA permitting process. The governor’s proclamation was signed Feb. 4.

“This is a crucial step to help survivors, including both residential and commercial property owners, move forward faster and rebuild their future,” Mayor Richard Bissen said in a press release from the Office of the Mayor Wednesday evening. “By streamlining the process, property owners within the SMA impact zone will be able to rebuild within their structure’s pre-fire footprint.”

The SMA suspension is expected to impact 103 commercial and 533 residential structures and cut approximately one year off of permitting time from the rebuilding process, officials said. It would allow people to apply for building permits from Maui County.

While the SMA exemption allows property owners to apply for building permits and begin reconstruction more quickly, compliance with other regulations are still required. These include Historical District permits, the West Maui Community Plan, Cultural Resources Commission review and County building permit processes.

Maui County officials announced the SMA suspension Wednesday night during a meeting at the Lahaina Intermediate School cafeteria attended by dozens of residents. The meeting was televised live on Akakū: Maui Community Media.

Residents also heard about progress in repairs to Lahaina’s wastewater systems, building permit processes and the final stages of US Army Corps of Engineers work in clearing fire-impacted properties. A recording of the meeting can be viewed on Facebook here.

So-called SMA permits are typically complex and time-consuming processes required under Coastal Zone Management law. SMA permits are the first required for developments within designated coastal areas, and no agency can issue other permits until approval is first received red within SMA procedures in state law.

State lawmakers have proposed a number of measures to reduce the impact of SMA regulations for fire-impacted property owners in West Maui. The suspension of SMA rules helps residents frustrated with the slow pace of recovery, and it could help projects such as Hale Mahaolu’s redevelopment plans for the Lahaina Surf and Front Street Apartments.

In Maui County, the Department of Planning administers the Coastal Zone Management law, and the Maui, Molokaʻi and Lānaʻi planning commissions are the decision-making authorities for SMA major permits.

In response to the devastating impacts of the Lahaina wildfire, the State of Hawaiʻi has activated emergency provisions under Chapter 205A, Hawaii Revised Statutes, related to coastal zone management. These provisions are designed to facilitate the repair, reconstruction and redevelopment of structures affected by the wildfire, including affordable housing projects on state-owned property or those financed by state funds.

The emergency provisions are subject to compliance with Hawaiʻi’s coastal zone management program objectives, the West Maui Community Plan, and approval conditions set by the Maui County planning director to mitigate substantial negative impacts on the special management area.

“This approach strikes a balance between thoughtful planning and an urgent focus on helping our community recover as swiftly as possible,” said Maui County Office of Recovery Administrator John Smith. “This decision is the result of extensive community outreach and feedback. We’ve listened to the needs and concerns of our residents, ensuring their voices shaped this approach. The clear message from the community was a need for a fast, efficient recovery that prioritizes their immediate needs, and we are committed to delivering on that promise.”

Accelerating recovery efforts will not only help homeowners but also drive economic growth, creating jobs in construction and local services, and revitalizing the area’s economy, Bissen said.

“As businesses reopen and homes are restored, the positive ripple effects will support local economies, boost consumer confidence, and promote long-term resilience for our community,” the mayor said.

For Lahaina property owners, the SMA suspension means:

• Applications for building permits may be submitted for reconstruction of properties located mauka of Front Street within the SMA and fire impact areas. (Depending on a specific rebuilding project’s scope, additional permits for flood development and compliance with historic district regulations may also be required.
• Certain properties makai of Front Street or within the erosion hazard line setback and 200-foot setback are not eligible for the exemption. For more information, click here.
• Properties that fall within the Lahaina National Historic Landmark District will need to comply with Lahaina town design policies. To see the district map, click here. For design policies under the West Maui Community Plan, click here.
• Properties within the Historic Districts 1 or 2 need to apply for a Historic District Assessment. To see the historic district map, click here.
• Property owners are not allowed to build structures higher than 30 feet in the Lahaina National Historic Landmark District.
• A flood permit is required for properties within a special flood hazard area. See map by clicking here.
• Environmental assessment exemptions apply for properties in the national historic district if reconstruction is similar in size and impact to the original development, or if it involves a single structure under 3,500 square feet.
• Properties makai of Front Street and within the shoreline may be required to apply for an SMA assessment and shoreline setback. For more information, click here.

County officials report taking steps to protect infrastructure, especially along Front Street. Efforts are under way to repair the seawall and address challenges from structural debris in the area. The County is working with the US Army Corps of Engineers and Federal Emergency Management Agency to safely remove debris and stabilize and protect the shoreline.

The County is also seeking to acquire shoreline properties along Front Street for public access and open space. Officials said the County is prioritizing safety improvements with plans to extend Luakini Street and create additional access routes for emergencies.

The County is focused on preserving Lahaina’s cultural and historic legacy, including the Royal Complex, which includes Mokuʻula, Mokuhinia and other significant sites, through extensive planning and public-private partnerships.