The State of Hawai’i Office of the Governor issued the Nineteenth Proclamation Relating to Wildfires on December 7, 2024. The Proclamation included the following suspension of law:
“Chapter 205A, HRS, coastal zone management, to the extent necessary to respond to the emergency, which includes the reconstruction of previously existing multi-family residences that were destroyed by the Lahaina Wildfire (except those identified as shoreline parcels, as defined by the Maui County Planning Department); provided the reconstruction does not change the structure’s previous footprint and/or overall dimensions, Also included are single-family residences that were destroyed by the Lahaina Wildfire (except those identified as shoreline parcels, as defined by the Department) where the structures are less than 7,500 square feet cumulatively on the lot, and in the case of structures located within the Lahaina National Historic Landmark does not change the structure’s previous footprint and/or overall dimensions. Minor changes that do not have a substantial negative impact on the Special Management Area may be permitted with approval of the Maui County Planning Director.”
Therefore, any multi-family or single-family residence(s) that meets the parameters of the proclamation do not need Special Management Area review or approval as long as the above-referenced suspension of law is included in the Governor’s proclamation. If you have already applied for an SMX or SMXF application and you meet the criteria of the above proclamation, your application will be voided, and you will receive a Closure letter and refund.
To find out whether a parcel is located within the SMA, county historic districts, NHLD, and flood zones, visit the County’s Land Use Viewer at the following link: