Short Term Occupancy Approval

Maui County Documentation for Deluxe Rental Property as a Legal Vacation Rental

The Wailea Inn is a vacation rental located on a property zoned A-1 Apartment District.  Because the property received building permits and was built prior to 1989, there are no restrictions on the length of occupancies that can be accepted. Therefore, vacation and short-term transient rentals are entirely legal.

The County of Maui Planning has different categories for short term use of housing:

1. Permitted Bed & Breakfast (B&B) Homes
2. Permitted Short Term Rental (STRH) Homes
3. Permitted Transient Vacation Rentals 
4. Short Term Occupancy

The Wailea Inn falls under the Short-Term Occupancy category. In late 2020 The Maui Planning Department confirmed: “transient vacation rental use may be conducted in the entire current structure” of The Wailea Inn and thus put The Wailea Inn on the Approved Short-Term Occupancy List as of 12/24/2020. The Approved list is here.

The Wailea Inn can be seen at the bottom of the first page (shown below).

Further, The Maui County Corporation Counsel interpretation dated July 30, 2001, allows apartment properties, that had a lawfully issued and valid building permit on April 20, 1989, to be exempt from the short-term vacation rental prohibition. Since the subject property at 2141 ILiiLi Road in Kihei, Maui, Hawaii, received its building permits in 1986, it is exempt from the transient vacation rental prohibition.  This is therefore a legal vacation rental according to the attorneys for the Maui County government.

See also the details of the July 30, 2001, letter below from the Department of the Corporation Counsel, County of Maui.