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Maui County website lists legal vacation rental developments

The Maui News

A list of condominiums, apartments and planned developments, excluding hotels, that may lawfully conduct short-term or vacation rentals without a county or state permit is currently available on the county Planning Department website.

The “Minatoya” list will give the public, including property owners and Realtors, a quick determination of whether short-term occupancy — defined by the county as fewer than 180 days — is allowed without a permit. Hotel and resort properties were excluded because their zoning allow for short-term occupancy, the Planning Department said.

For other properties, the short-term use is allowed due to their existing zoning or because the use was grandfathered in when land-use changes were adopted. The grandfathered units may continue in short-term rental as long as it does not stop for more than a year.

Deputy Planning Director Michele McLean said that there may be properties that have grandfathered status that may need to be added to the list. She urged those parties to contact the Planning Department.

“If a property is on the list, then short-term occupancy is allowed without a permit. If a property is not on the list and someone believes that short-term occupancy is allowed by grandfathering or other means, then please contact the Planning Department so that we can make a determination,” McLean said.

The effort to compile the list was initiated after the County Council adopted ordinances in 2014 and 2016 to clarify the grandfathering status. Ordinances 4167, 4315 and 4369 served to codify a written opinion issued by then-Deputy Corporation Counsel Richard Minatoya that said such uses were grandfathered; this is why the list is referred to as the Minatoya list.

For the Minatoya list, go to www.mauicounty.gov/121/Planning-Department, scroll down to “Hot Topics” and click on “Short-Term Occupancy List.”

The list includes the name of the property, tax map key, when it was built, community plan designation, county zoning and the reason short-term rentals are allowed (by ordinance, variance, zoning or grandfathered).

For more information, contact the department by phone at 270-7735 or email at planning@co.maui.hi.us.