The County of Maui Department of Planning is encouraging property owners whose legally nonconforming structures were destroyed in the August 2023 wildfires to apply for building permits and begin the process of rebuilding.

Recent updates to the Maui County Code under Ordinance 5780 now allow for the reconstruction of nonconforming structures — those legally constructed before the wildfires, but no longer compliant with current development standards (such as setbacks and building height requirements) — as long as specific conditions are met.

“Each Lahaina property holds unique character that helps shape the heart and identity of West Maui. This effort marks another important step forward in accelerating the rebuilding process for homes and businesses,” said Mayor Richard Bissen.

Effective March 24, 2025, Ordinance 5780 gives eligible property owners until April 1, 2029, to obtain a building permit, complete the reconstruction and secure final inspection approval for their nonconforming structures. This law applies to structures that were legally nonconforming before the disaster and are located within the area covered by the Governor’s or Mayor’s emergency proclamation.

“This ordinance acknowledges the unique challenges faced by those who lost legally established structures that no longer meet today’s zoning standards,” said Kate Blystone, County Planning Director. “We strongly encourage anyone affected by this to reach out to our office and begin the permitting process as soon as possible.”

To qualify for rebuilding under this ordinance, property owners must meet the following requirements:

• Provide evidence that the structure was legally nonconforming and existed before the wildfires. Approved building permits, real property tax assessor records prior to the requirement of building permits, approved variances and similar documentation, all of which will be reviewed, may be submitted as evidence.
• Ensure the repair or reconstruction does not increase the structure’s nonconformity.
• Complete all work in compliance with applicable building and safety codes (Title 16).
• Meet all deadlines, including final inspection approval by April 1, 2029.
• Comply with Shoreline Rules, if applicable.

A two-year extension may be granted for properties located in a historic district or Special Management Area, provided good cause is demonstrated.

“We want to ensure that no one misses this opportunity simply because they were unaware of the deadline or the process,” Blystone added.

For assistance or more information, residents may contact the Department of Planning at (808) 270-7735 or visit www.mauicounty.gov/planning.

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