Restoring old Lahaina won’t be possible without zoning changes

from Grassroot Institute of Hawaii

The following testimony was submitted by the Grassroot Institute of Hawaii for consideration by the Maui County Council Housing and Land Use Committee on Oct. 23, 2024.
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Oct. 23, 2024, 9 a.m.
Council Chamber, Kalana O Maui Building

To: Maui County Council, Housing and Land Use Committee
Tasha Kama, Chair
Tom Cook, Vice-Chair

From: Jonathan Helton, Policy Researcher
Grassroot Institute of Hawaii

RE: Bill 105 — A BILL FOR AN ORDINANCE AMENDING SECTION 19.500.110, MAUI COUNTY CODE, REGARDING NONCONFORMITIES

Aloha Chair Kama, Vice-Chair Cook and other members of the Committee,

The Grassroot Institute of Hawaii supports Bill 105 (2024), which would modify how nonconforming structures and uses can be rebuilt or restored after being destroyed by a natural disaster.

In particular, the bill would provide a five-year window during which nonconforming structures and uses could be restored, under certain conditions. The Maui planning director could extend that window an additional two years if the building owner were to demonstrate good cause that the extra time is necessary.

The Maui County Code currently requires that any structure 50% or more destroyed must be rebuilt under existing zoning codes, with limited exceptions for historic properties and certain multifamily dwellings. Likewise, nonconforming uses cannot be restored in a structure if they have been discontinued for 12 or more consecutive months.[1]

These standards obviously present a major challenge to Maui residents attempting to rebuild the devastating wildfires of Aug. 8, 2023.

For example, restoring Lahaina’s community-focused and walkable town center will not be possible without zoning changes such as the ones proposed in this bill.

After Hurricane Iniki struck Kauai in 1992, the Kauai County Council adopted an ordinance similar to this bill to foster the reconstruction of nonconforming structures and reinstitution of nonconforming uses.[2]

Grassroot’s recent policy brief, “Six ways to speed up the recovery and rebuilding of Lahaina,” addresses Bill 105 (2024) in detail and discusses other strategies the Council could use to reduce barriers to rebuilding in Lahaina.

We would welcome further dialogue about this issue.

Thank you for the opportunity to testify.

Jonathan Helton
Policy Researcher
Grassroot Institute of Hawaii
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[1] Kate Blystone, “A Bill For an Ordinance Amending Section 19.500.110, Maui County Code, Regarding Nonconformities,” Memo to the Maui, Molokai and Lanai Planning Commissions, Feb. 21, 2024.
[2] “Iniki exceptions OK’d by Council,” Honolulu Advertiser, Feb. 11, 1993.