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1. What is a transient vacation rental (TVR)?

A TVR is any rental of a housing unit for less than 180 days.

2. Is there a difference between a transient vacation rental (TVR) and a bed and breakfast (B&B)?

A Bed and Breakfast business involves the rental of rooms in the same house in which the owner or manager lives. A Transient Vacation Rental involves all other types of short-term (less than 180 days) rentals, including ohana units. The County Council is considering amending the definition of a B&B to require that the owner live on-site but allow the renting an ohana unit.

3. Are there legally operated vacation rentals in Maui County?

An estimated 16,000-plus TVRs may operate legally in the County, many in multi-unit buildings, along with several hundred single family units. They operate legally because they are in an approved zoning district (hotel, business, historic, etc). Those that are not in approved districts and are operating legally, have applied for and received a “conditional permit” that is required to conduct a vacation rental business in a residential, rural or agricultural zoned district.

4. What is the difference between a hotel district, residential district and an agricultural district?

Hotel districts are intended for short term rentals. Residential districts are intended to provide for long term housing for our residents. Agricultural Districts are intended for farm uses.

5. How are the districts determined?

The Planning Department prepares draft zoning plans. Public hearings are held by the County Council, who then adopts ordinances designating the different zoning districts

6. What laws affect the operating of a Transient Vacation Rental and a Bed and Breakfast?

The Maui County Code Chapter 19.37 prohibits transient vacation rentals outside of the hotel district. The Maui County Code Chapter 19.64 allows for Bed and Breakfast operations within the business district as well as the residential districts with a permit. The conditional permit process is used by owner/operators to establish either a TVR or B&B outside of these allowed districts.

7. What is the penalty for operating an illegal TVR or Bed and Breakfast?

Operating an illegal TVR is subject to an initial fine of $1,000 along with a daily fine that can progress up to $1,000 per day. A trial is not necessary. There is an appeal process that could include the court system to resolve the appeal.

8. How would the proposed legislative bills now before the County Council affect vacation rentals?

The legislative bills would streamline permitting by no longer requiring a public hearing for bed and breakfasts (B&Bs). The B&B could include the rental of the ohana unit with the owner of the B&B required to live on site. B&Bs would be allowed in the Residential District, Rural District and in the Agricultural District if standards are met. TVRs would only be allowed in resort areas and business districts.