Maui Bill 88 & H-3/H-4 Hotel Zoning: Which West Maui Condos Are in the Rezoning Process?

Published August 10, 2026. Status language below is as of that date, based on Maui County Council action through late July 2026. Later committee packages are not treated here as if they had already happened.

Bill 88 created two new hotel zoning districts, H-3 and H-4. That is not the same as rezoning every apartment-district vacation rental on Maui. The ordinance opened a land-use pathway. Individual properties still have to move through a map-amendment process before their zoning actually changes.

If you own or are shopping a West Maui condo that appears in a resolution, the useful question is: what step of the process is this building in, and what has not happened yet?

Bill 9 vs Bill 88: The Simple Difference

Bill 9 (Ordinance 5909) is the phase-out framework for certain apartment-district transient vacation rentals. In the West Maui community plan area, that use may continue through December 31, 2028 and must cease January 1, 2029 unless the law otherwise exempts or permits it. Details and documents live on our Bill 9 West Maui condo guide.

Bill 88 (now Ordinance 6008) created the H-3 and H-4 Hotel Districts. Maui Now reported the Council’s 7-2 final vote on June 19, 2026, with the measure sent to Mayor Bissen. County materials describe the new districts as modeled on existing A-1 and A-2 apartment standards, with transient vacation rental use permitted in those hotel categories. Creating the categories did not automatically rezone Papakea, Maui Eldorado, or any other named complex.

What H-3 and H-4 Hotel Zoning Actually Means

H-3 and H-4 are zoning districts in the county code. A parcel is not “H-3 zoned” or “H-4 zoned” until a change-in-zoning (and typically a community-plan amendment) is adopted for that parcel. Until then, the accurate phrases are proposed, referred, under review, or named in a resolution.

For hotel-zoned product that already sits in a hotel district, use the hotel-zoned West Maui condo guide. Do not mix that inventory with apartment-district buildings that are only in a rezoning conversation.

Which West Maui Properties Entered the Process?

In July 2026 the Housing and Land Use Committee advanced, and the full Council later adopted, Resolutions 26-110 and 26-111. Those resolutions refer proposed community-plan and zoning bills to the Maui Planning Commission. Maui Now reported the Council votes as 7-1 on each resolution (Council Member Rawlins-Fernandez dissenting; Council Member Johnson absent for the floor votes).

Referral is a real step. It is not a rezoning. The Planning Commission still has to hold hearings and make recommendations. The Council would then need further action before any map change takes effect. Bill 9’s West Maui date of January 1, 2029 remains in place while that review unfolds.

Building pages for context (not a substitute for county records): Papakea, Maui Eldorado, Kaanapali Royal, and Kahana Outrigger.

Appearing on a List Is Not the Same as Being Rezoned

A listing, a news article, or a resolution exhibit can name a complex. That does not mean the parcel has been approved for H-3 or H-4. Do not use “approved,” “already hotel-zoned,” or “Bill 9 no longer applies” unless the actual adopted ordinance and the current zoning map support that statement for the specific TMK.

Until a change in zoning is adopted, apartment-district rules and Bill 9’s amortization period remain the baseline for properties that were subject to them. A resolution is a referral into process, not a guarantee of outcome. The Planning Commission can recommend changes, and the Council can still act differently later.

What Buyers Should Verify Before Making an Offer

• Current county zoning and community-plan designation for the exact TMK
• Whether the unit is on any informational Minatoya-style list, and what that list does and does not prove
• AOAO rental rules, minimum stays, and actual enforcement culture
• Current transient-accommodation registration or permit status, if any
• Pending legislation or resolutions that name the building
• Lender appetite for the project, including insurance and litigation
• Legal and tax advice from qualified professionals when the use case depends on rental income

What Owners Should Watch

Owners should track Planning Commission agendas, not just headlines. Watch for hearing dates, recommended conditions, and whether your building stays in a later ordinance draft. Association boards may also take positions that affect how a project is described in testimony. None of that replaces your own file of AOAO documents, insurance, and county correspondence.

Barry's Read

This is exactly the type of issue where a building name matters more than a headline. Two West Maui condos can look similar online and have completely different land-use, financing, and resale considerations.

If you are underwriting a purchase, start with zoning and documents, then price. If you own a named building, get a clear status memo for that complex rather than assuming the whole corridor moved together.

Check a West Maui Condo's Current Rental and Zoning Context

Sources

Maui County, H-3 and H-4 Hotel District ordinance: Document Center (county PDF).

Maui Now, June 22, 2026: Council final vote on Bill 88.

Maui Now, July 9, 2026: Committee advances rezoning resolutions.

Maui Now, July 28, 2026: Council refers Resolutions 26-110 and 26-111 to the Planning Commission.

For buyer representation on a specific building, see buy a West Maui condo or contact the Lahaina team.

Next Step

Check a West Maui Condo's Current Rental and Zoning Context

Disclaimer: This article is market education from a licensed Hawaii real estate brokerage—not legal, tax, or investment advice. County rules, AOAO documents, and insurance terms change; verify all material facts with qualified professionals before you buy, sell, or rent.

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