Maui Council’s housing bills setting example for whole state

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Recovery and rebuild symbol. Businessman turns cubes and changes the word 'recovery' to 'rebuild'. Beautiful yellow table, white background. Business and recovery rebuild concept. Copy space.
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By Keli‘i Akina

When it comes to promoting housing growth, some of the most important work takes place at the county level. 

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That’s why my colleagues and I at the Grassroot Institute of Hawaii have been deeply involved in advocating housing reform at both the state and county levels. 

Year-round, we work closely with county lawmakers to reform zoning laws, speed up permitting processes and remove regulatory “red tape” to facilitate more homebuilding.

This week was especially encouraging for our efforts on Maui, which faces dual challenges of rebuilding Lahaina and promoting housing growth in general.

For instance, the Maui County Council voted to enact Bill 87, which will allow temporary structures constructed under an emergency order to be used for as long as five years instead of the current 180 days. Furthermore, the bill was amended to include all temporary structures, not just those in the burn zone.

Grassroot policy researcher Jonathan Helton pointed out in testimony supporting the bill that Maui residents in temporary housing have been living in uncertainty, wondering if they might be forced to move after six months. If the bill is signed into law by Mayor Richard Bissen, they will be able to rest easy knowing they will have enough time to locate or build a more permanent home. 

The Council is also considering Bill 105, which would make it easier to rebuild structures as they were before a disaster. Maui County law currently requires that structures destroyed by more than 50% be rebuilt according to modern zoning codes, with very limited exceptions. It also disallows former uses of the structures, such as bed and breakfast operations, if they have been discontinued for more than a year.

This hard-line approach to nonconforming structures and uses poses significant challenges to rebuilding Lahaina. Indeed, Helton noted in his testimony in support of Bill 105 that “restoring Lahaina’s community-focused and walkable town center will not be possible without zoning changes such as the ones proposed in this bill.” 

Finally, I am pleased to say that the Council is considering Bill 103, which would increase the county’s housing supply by allowing more homes per lot in certain residential districts. 

As Helton explained in his testimony, current Maui code allows only one primary dwelling and one accessory dwelling unit on 6,000-square-foot lots in R-1 districts, 7,500-square-foot lots in R-2 districts and 10,000-square-foot lots in R-3 districts. Bill 103 would increase the number of allowable primary dwellings on those lots to two, three and four, respectively. 

All of these bills show that the Maui Council is making progress toward helping county residents find housing and rebuild their lives and businesses.

And it’s a breath of fresh air to see such common sense reforms being considered by our local lawmakers. This kind of thinking — and action — is what I hope to see more of across the state.
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Keli‘i Akina is president and CEO of the Grassroot Institute of Hawaii.

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Grassroot Institute of Hawaii is a nonprofit, nonpartisan research institute dedicated to the principles of individual liberty, the free market and accountable government. Through research papers, policy briefings, commentaries and conferences, the Institute seeks to educate and inform Hawaii's policy makers, news media and general public. Committed to its independence, the Grassroot Institute of Hawaii neither seeks nor accepts government funding. The institute is a 501(c)(3) organization supported by all those who share a concern for Hawaii's future and an appreciation of the role of sound ideas and more informed choices.

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