Resolutions 26-110 & 26-111: Maui's First STR Rezoning Wave Explained (What Property Owners and Buyers Need to Know)

Quick Answer: Resolutions 26-110 and 26-111 are the first Council-initiated rezoning measures under Maui's new Bill 88 framework. They begin the formal process of moving a select group of Minatoya List condominiums out of apartment zoning (A-1/A-2) and into the new H-3/H-4 Hotel Districts — the only pathway that preserves legal short-term rental use after the Bill 9 (Ordinance 5909) phase-out deadlines of January 1, 2029 (West Maui) and January 1, 2031 (South Maui and the rest of the county). The Council's Housing and Land Use (HLU) Committee heard public testimony July 1, 2026, and passed both resolutions as amended on July 6, 2026 — removing two properties and adding several others, including Kamaole Sands and Luana Kai. The resolutions do not rezone anything by themselves — they refer the first wave of properties into the map-amendment pipeline, which includes Planning Commission review and full Council votes. If your property is named in one of these resolutions, you are in the active pipeline. If it isn't, your transition has not yet begun.

Update (July 8, 2026): The resolutions PASSED, as amended. After completing public testimony July 1 and reconvening July 6, the HLU Committee approved both Resolutions 26-110 and 26-111 with amendments that reshaped the first-wave property lists. Two properties — Hale Ono Loa and Kauhale Makai — were removed from Resolution 26-110, while several complexes were added, including major Kīhei properties like Kamaole Sands, Luana Kai, and Maui Sunset, plus Ka'anapali Royal, Kahana Outrigger, and Kahana Village. The final property lists appear below. Next stop: Maui Planning Commission review.

What Are Resolutions 26-110 and 26-111?

After Bill 88 passed its final reading on June 19, 2026 (7-2 vote) and created the H-3 and H-4 Hotel Districts, the next question became: which properties actually get rezoned, and when?

Resolutions 26-110 and 26-111 are the answer to "when does this start." They are the first two Council-initiated rezoning resolutions — the opening wave of what is expected to be a sequential, multi-wave process covering a subset of the 104 properties on Bill 88's Exhibit 1 eligibility list.

Each resolution bundles a group of properties and initiates the zoning map amendment process for them, which includes referral to the Maui Planning Commission for review before any final Council action.

Which Properties Made the Final First Wave?

As passed on July 6, the two resolutions cover 40 property entries across the Kīhei-Mākena and West Maui Community Plan areas, split between the H-3 and H-4 Hotel Districts. Note that the committee amended both resolutions before passage: Hale Ono Loa and Kauhale Makai were removed, while several complexes were added during deliberations.

Resolution 26-110 — Timeshare, leasehold & other A-1/A-2 properties

Proposed H-3 Hotel District (18 properties):

Proposed H-4 Hotel District (12 properties):

Removed by amendment: Hale Ono Loa and Kauhale Makai are excluded from the amended Resolution 26-110.

Resolution 26-111 — A-1/A-2 properties operating like hotels

Proposed H-3 Hotel District (6 properties):

Proposed H-4 Hotel District (4 properties):

Property lists per the HLU Committee amendment summary forms (HLU-18, HLU-19). Several entries cover only a portion of a project — meaning part of a complex may be proposed for rezoning while other portions are not. Verify your specific unit's TMK status with the Maui County Department of Planning.

If you own in one of these complexes, your building is in the active pipeline. If you own elsewhere on the Minatoya List, keep reading — your situation is different.

What Do These Resolutions Actually Do?

It's important to be precise here, because the headlines tend to overstate things in both directions.

These resolutions do NOT rezone any property. A resolution is the starting gun, not the finish line. The actual rezoning — a zoning map amendment — requires Planning Commission review, findings, and recommendations, followed by two readings before the full County Council and the Mayor's signature. Community Plan land use maps must also be updated to align with the new zoning.

What they DO accomplish is significant: they put specific properties into a Council-initiated process. That matters because the alternative — an owner-initiated (private) change-in-zoning application — is expensive. Owners have publicly testified that land-use planners quoted $200,000 to $500,000 per property to prepare the required studies for a private application. A Council-initiated rezoning shifts much of that administrative burden onto the County.

What Does This Mean If You Own in a Wave 1 Property?

You are in the strongest position of any apartment-zoned STR owner on Maui right now, but the process is not finished. Here is what to focus on:

Work with your AOAO. The County has indicated it will require legal property descriptions (metes and bounds) during review. Boards should be locating this documentation in deeds, title reports, or escrow files now, so it's ready when requested.

Track the hearings. The process will move through the Maui Planning Commission and back to Council. Testimony opportunities will come at each stage — written testimony via eComment at mauicounty.us/agendas or email to HLU.committee@mauicounty.us.

Understand the risks that remain. Environmental scrutiny is real. Council members have raised sea-level-rise and shoreline erosion concerns throughout this process, and all three planning commissions (Maui, Moloka'i, Lāna'i) recommended denial of the underlying H-3/H-4 framework itself before the Council overrode them. Expect those same concerns to resurface during property-specific review — particularly for oceanfront parcels.

What If Your Property Is on the Minatoya List but NOT in Wave 1?

This is the position most Minatoya List owners are in, and it requires strategic patience.

Being on Bill 88's 104-property Exhibit 1 list means your property may qualify for H-3/H-4 rezoning — it does not mean your rezoning has started. If your building is not named in Resolutions 26-110 or 26-111, you have essentially two paths:

1. Wait for (and advocate for) a future wave. The Council is expected to roll out additional resolutions sequentially. HOAs can engage the HLU Committee to be included in upcoming waves.
2. File a private change-in-zoning application. This is available but costly and slow, and the Planning Department is not staffed to process a high volume of these applications quickly.

The clock matters here. West Maui apartment-district STRs must cease by January 1, 2029; South Maui and the rest of the county by January 1, 2031. For West Maui properties especially, it's a genuine race between the rezoning pipeline and the sunset date.

What Does This Mean for Buyers?

If you're evaluating a Minatoya List condo purchase right now, Resolutions 26-110 and 26-111 give you a new due-diligence layer on top of Bill 88's four eligibility criteria:

Wave 1 properties (the final amended lists above — including Wailea Ekahi, Wailea Ekolu, Palms at Wailea, Papakea, Maui Eldorado, Kamaole Sands, Luana Kai, Maui Sunset, Maui Hill, Ka'anapali Royal, the Ma'alaea strip, and the Kahana/Lahaina complexes) now carry the clearest — though still not guaranteed — path to preserved STR use. Expect the market to start pricing that in. Pay close attention to "portion" designations: at complexes like Papakea, Wailea Ekolu, and Wailea Ekahi I and III, only part of the project is included, so unit-level TMK verification matters.

Properties removed by amendment — Hale Ono Loa and Kauhale Makai — are a cautionary tale: inclusion in a draft resolution is not inclusion in the final one. They remain Exhibit 1-eligible but are no longer in the active first wave.

Exhibit 1 properties not in Wave 1 carry more uncertainty and longer timelines. That uncertainty can mean negotiating leverage for buyers comfortable with regulatory risk — but it should be priced accordingly, and your underwriting should include a scenario where STR use ends at the sunset date.

Minatoya properties not on Exhibit 1 at all should be underwritten as long-term rental or second-home use only.

In every case: verify the specific property's status directly with the Maui County Department of Planning before writing an offer. Lists published online (including this one) are informational snapshots of a moving process.

How Did We Get Here? (Quick Timeline)

• December 15, 2025: Bill 9 signed into law as Ordinance 5909, phasing out apartment-district STRs (West Maui by 1/1/2029; rest of county by 1/1/2031).
• January 7, 2026: Council refers proposed H-3/H-4 hotel districts to the three planning commissions (8-1).
• February–April 2026: All three planning commissions recommend denial of the H-3/H-4 framework.
• May 26, 2026: HLU Committee advances Bill 88 anyway, 6-1.
• June 19, 2026: Full Council passes Bill 88 on second and final reading, 7-2; transmitted to Mayor Bissen.
• July 1, 2026: HLU Committee takes up Resolutions 26-110 and 26-111 — the first property-specific rezoning wave. Public testimony is completed and closed, followed by about 45 minutes of committee deliberation before recess.
• July 6, 2026: Committee reconvenes and passes both resolutions as amended — removing Hale Ono Loa and Kauhale Makai, adding complexes including Kamaole Sands, Luana Kai, Maui Sunset, and Ka'anapali Royal. The amended resolutions now head toward Planning Commission review.

Frequently Asked Questions

Does being in Resolution 26-110 or 26-111 mean my condo is rezoned? No. The resolutions initiate the map-amendment process. Planning Commission review, Council readings, and the Mayor's signature all still lie ahead before any property's zoning actually changes.

Why were some properties added or removed at the last minute? The committee amended both resolutions before passage on July 6. Hale Ono Loa and Kauhale Makai were removed from Resolution 26-110, while complexes including Kamaole Sands, Luana Kai, Maui Sunset, and Ka'anapali Royal were added. The committee has been triaging properties using policy factors developed by the Temporary Investigative Group, and the lists remained fluid right up to the vote — a reminder that this process is dynamic wave to wave.

My condo is on the Minatoya List but not in either resolution. Am I out of luck? No, but your transition hasn't started. Future waves of Council-initiated resolutions are expected, and a private rezoning application remains an option (albeit an expensive one). Engage your HOA board and the HLU Committee.

Can my STR keep operating in the meantime? Properties that were legally operating under the Minatoya framework can continue until their Ordinance 5909 sunset date — January 1, 2029 in West Maui, January 1, 2031 elsewhere — unless rezoned to H-3/H-4 before then.

Will rezoning change my property taxes? Potentially. Hotel-classified property is taxed differently than apartment-classified property, and the County has studied significant revenue implications tied to these conversions. Consult your tax professional on your specific situation.

Where can I read the resolutions or testify? Agendas, resolution documents, and eComment testimony links are at mauicounty.us/agendas. Written testimony can also be emailed to HLU.committee@mauicounty.us.

Benjamin Finnerty, REALTOR® Salesperson (RS-83812) The 808 Team | Keller Williams Realty Maui 380 Huku Li'i Place, Suite 201, Kīhei, HI 96753 808-481-9748 | benjamin@the808team.com | benjamin.the808team.com

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This article is for general informational purposes only and does not constitute legal, tax, or zoning advice. Legislation and county processes are subject to change. Verify all property-specific information with the Maui County Department of Planning and consult qualified legal counsel before making decisions based on zoning status.