Mayor Richard Bissen announces SMA exemptions to expedite Lahaina rebuild

News Release from Maui County Office of the Mayor, Feb 5, 2025

To expedite the rebuilding of Lahaina, Mayor Richard Bissen announced his intention to move forward with the temporary suspension of Special Management Area (SMA) rules for properties located mauka (inland) of Front Street within the impact zone. This decision, made in collaboration with Gov. Josh Green, is supported by new provisions in the Governor’s latest Emergency Proclamation, signed into law on Feb. 4, 2025. The suspension is expected to accelerate reconstruction efforts and support the community's recovery.

Properties mauka of Front Street or outside of the erosion hazard line are now exempt from SMA rules, which typically require lengthy review processes. This allows property owners to apply for building permits and begin reconstruction more quickly. However, compliance with other regulations, such as Historical District permits, the West Maui Community Plan, Cultural Resources Commission review and County building permit processes, is still required.

“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. “By streamlining the process, property owners within the SMA impact zone will be able to rebuild within their structure’s pre-fire footprint.”

The number of SMA structures impacted by this change is 103 commercial and 533 residential structures. This means 636 parcels will be able expedite their rebuild process, shaving approximately one year of permitting time, officials said.

In response to the devastating impacts of the Lahaina wildfire, the State of Hawaiʻi has activated emergency provisions under Chapter 205A, Hawaii Revised Statutes (HRS), 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 County of Maui Planning Director to mitigate substantial negative impacts on the Special Management Area. Importantly, SMA and shoreline area regulations will only apply to parcels located makai (seaward) of Front Street.

“This approach strikes a balance between thoughtful planning and an urgent focus on helping our community recover as swiftly as possible,” said County of Maui 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, according to Mayor Bissen.

“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,” he said.

What This Means for Property Owners:

If your property is located mauka (inland) of Front Street within the SMA and impact zone, you may apply for a building permit to begin reconstruction. Depending on your project’s scope, additional permits for flood development and compliance with historic district regulations may also be required. Below are key details to help property owners navigate the process:

• Is my property within the Special Management Area (SMA)? The SMA exemption applies to properties mauka of Front Street. Visit the Special Management Areas (SMA) map: (Attached)

• Is my property located on the makai side of Front Street within the shoreline? Review the Erosion Hazard Line Setback and 200-foot setback information here: https://tinyurl.com/4v52vv79. Properties within this area are not eligible under the Governor’s proclamation.

• Do I need to comply with Lahaina Town design policies? Yes, if your property falls within the Lahaina National Historic Landmark District (NHLD). See the district map here: https://www.nps.gov/places/lahaina-historic-district.htm. For design policies under the West Maui Community Plan, click here: https://westmaui.wearemaui.org/.

• Do I need to apply for a Historic District Assessment? Yes, if your property is within Historic Districts 1 or 2. See the historic district map here: https://tinyurl.com/yuuxr22u.

• Can I build structures higher than 30 feet within the Lahaina NHLD? No. Please refer to page 47 of the West Maui Community Plan here: https://tinyurl.com/36m8csjp.

• Do I need a flood permit? Yes, if your property is within a special flood hazard area. Check your property’s status here: https://www.fema.gov/flood-maps.

• Are there environmental assessment exemptions for properties within the NHLD? Yes, exemptions apply if the reconstruction is similar in size and impact to the original development or if it involves a single structure under 3,500 square feet.

• What if my property is makai of Front Street within the shoreline? You may be required to apply for an SMA assessment and Shoreline Setback. Learn more here: https://tinyurl.com/2cd9u4dm.

Additionally, the County is taking significant 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 U.S. Army Corps of Engineers and Federal Emergency Management Agency to safely remove debris and stabilize and protect the shoreline.

The County is seeking to acquire shoreline properties along Front Street for public access and open space. Also, the County is prioritizing safety improvements with plans to extend Luakini Street and create additional access routes in the event of an emergency.

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.

The County remains committed to a thoughtful, collaborative recovery process that addresses infrastructure, safety and historic preservation to ensure Lahaina’s resilience and revitalization.

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LINK: 2502003_Twentieth-Proclamation-Relating-to-Wildfires.pdf

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