By Benjamin Finnerty (S), REALTOR® (RS-83812) with Keller Williams Realty Maui · Kīhei, Maui · 808-481-9748

Quick Answer: A Maui short-term rental home (STRH) permit lets a single-family home operate as a vacation rental under Chapter 19.65 of the Maui County Code. Bill 9 does not phase these permits out. But permits are capped by community plan area (46 in Kīhei-Mākena, 50 in West Maui since 2021), and they generally don’t transfer to a buyer.

I’m Benjamin Finnerty, a REALTOR® in Kīhei with Keller Williams Realty Maui, and I focus on short-term-rental zoning and South Maui properties. With Bill 9 phasing out vacation rentals in apartment-zoned Minatoya List condos, I’m hearing a new question: “Can I just buy a house with a Maui short-term rental home permit instead?” The short answer is that it’s possible in limited cases, but the permit system works very differently from what most buyers expect.

What is a Maui short-term rental home permit?

An STRH permit allows the owner of a single-family home to rent the entire home to visitors for stays of fewer than 180 days, in areas where that use otherwise wouldn’t be allowed. The rules are in Chapter 19.65 of the Maui County Code, and the County Department of Planning reviews applications.

Maui County has a separate permit for bed and breakfast homes under Chapter 19.64. A B&B is designed to be owner-occupied, with the owner living on the property. An STRH doesn’t require the owner to live on site, but the code requires a manager who can respond to issues locally.

Does Bill 9 affect STRH permits or B&B homes?

No. Bill 9 (Ordinance 5909, signed December 15, 2025) phases out transient vacation rental use in apartment districts, with deadlines of January 1, 2029 in West Maui and January 1, 2031 elsewhere. The Maui County Council’s overview of Bill 9 states that B&B homes permitted under Chapter 19.64 and STRHs permitted under Chapter 19.65 are not affected.

That’s why permitted homes are getting more attention. But a permit’s value depends on whether you can actually get one, or keep one when the property changes hands.

How many STRH permits are allowed in each part of Maui?

Each community plan area has a cap. The Council lowered most caps in 2021 with Ordinance 5239, effective August 15, 2021:

Community plan area	STRH permit cap
Hāna	15 (was 30)
Kīhei-Mākena	46 (was 100); no more than 5 in Maui Meadows
Makawao-Pukalani-Kula	15 (was 40)
Pāʻia-Haʻikū	48; no new permits in the Special Management Area
Wailuku-Kahului	6 (was 36)
West Maui	50 (was 88)
Molokaʻi	0

Source: Maui County Ordinance 5239 (Bill 69, 2021), amending MCC §19.65.030(R).

The most recent County count I could confirm is from a Planning Department report as of October 7, 2024, showing 171 permitted STRHs countywide. At that time, West Maui had 51 permitted homes against its cap of 50, and Hāna had 19 against its cap of 15. Kīhei-Mākena had 38 of 46. The County updates these counts on the Current Planning Division’s website, so check the latest list before you assume a spot is open.

Can I buy a house that already has an STRH permit and keep renting it?

Generally, no. Under §19.65.030 of the Maui County Code, an STRH permit is not transferable, except that it may pass to an immediate family member when the permit holder dies. A buyer would need to apply for a new permit.

That new application runs into several hurdles:

• Caps: If the area is at or over its cap, a new permit may not be available.
• Ownership and dwelling-age periods: The code sets minimum periods for how long the applicant has owned the home and how long the home has existed before an application can be filed. That means a buyer usually can’t purchase and apply right away. Confirm the current requirements with the Department of Planning.
• One permit per applicant: The code generally limits an applicant to one STRH permit, with limited exceptions, including homes assessed at $3.2 million or more.
• Size limits: No more than six bedrooms on Maui, and the code limits guests based on the number of bedrooms.
• Public review: The County considers factors such as the number of permitted rentals nearby, and applications can draw public comment.

So a listing that says “permitted vacation rental” is describing the current owner’s permit, not one that comes with the sale.

What about hotel-zoned condos and resort areas?

Hotel-zoned properties are a separate category. Bill 9 doesn’t affect hotel units, and on June 22, 2026, Bill 88 (Ordinance 6008) created new H-3 and H-4 hotel districts that some apartment-zoned condos are trying to move into. On September 29, 2026, the Council voted 5-4 to send 32 more shoreline complexes to the Maui Planning Commission for rezoning review. I explain where that stands in my post on Bill 9 and Maui’s condo market.

My Take: What I’m Telling Buyers and Sellers

If you’re buying a home on Maui and vacation rental income is part of your plan, I’d treat an STRH permit as a long-term possibility, not a feature that comes with the house. Assume you’ll own it as a primary home, second home or long-term rental for at least the first several years. If the purchase only makes sense with vacation rental income on day one, an STRH home is probably not the right fit.

Before you write an offer, I’d ask three questions in writing: Is there a current permit, and when does it expire? Is the community plan area at its cap? And what zoning and land-use rules apply to the lot? A home on agricultural land, for example, has its own rules, which I cover in my guide to buying agricultural land on Maui. If long-term rental income is the backup plan, Maui’s ohana unit rules may matter more than any vacation rental permit.

For sellers with a permitted STRH, be precise in your marketing. The permit is yours, not the buyer’s. What you can share is the home’s rental history and how it was managed, which helps a buyer understand the property even if they’ll use it differently.

This is general information, not tax or legal advice. Confirm with a CPA or Hawaiʻi attorney, and confirm permit details directly with the County of Maui Department of Planning.

Frequently Asked Questions

Does Bill 9 ban permitted short-term rental homes on Maui?
No. The Council’s Bill 9 overview says STRHs permitted under Chapter 19.65 and B&B homes permitted under Chapter 19.64 are not affected.

Does an STRH permit transfer when a Maui home is sold?
Generally no. The code says permits aren’t transferable, except to an immediate family member after the permit holder’s death.

How many STRH permits are allowed in Kīhei?
The Kīhei-Mākena community plan area cap is 46, with no more than five in Maui Meadows, under Ordinance 5239 (2021).

What’s the difference between an STRH and a B&B on Maui?
A B&B is owner-occupied, with the owner living on the property. An STRH rents the whole home and doesn’t require the owner to live there.

Where can I check how many permits are already issued?
The County of Maui Department of Planning’s Current Planning Division posts permit lists and reports. Call the division to confirm the latest numbers.

Ask Benjamin

If you’re comparing a permitted home, a hotel-zoned condo or a long-term rental plan, I’m happy to walk through the rules and the numbers with you. I’m Benjamin Finnerty. Call or text 808-481-9748 or email benjamin@the808team.com.

Sources: Maui County Code Chapter 19.65; Maui County Ordinance 5239 (2021); County of Maui Department of Planning (STRH and B&B report, Oct. 2024); Maui County Council (Bill 9 overview); Maui Now.