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

Quick Answer: Hawaiʻi’s Department of Land and Natural Resources (DLNR) is proposing changes to its conservation district rules, Hawaiʻi Administrative Rules Chapter 13-5, which cover about 2 million acres statewide. Maui public hearings are Wednesday, Oct. 28 in Lahaina and Thursday, Oct. 29 in Kahului (5 to 7:30 p.m.), and written comments are due Monday, Nov. 30, 2026.

I’m Benjamin Finnerty, a REALTOR® in Kīhei with Keller Williams Realty Maui, and here’s what the proposed conservation district rules could mean if you own, or are thinking about buying, Maui land that sits partly or fully in the State Conservation District. These are proposals, not final rules, but anyone making a land decision this fall should know what’s on the table.

What are Hawaiʻi’s conservation district rules, and what’s changing?

The conservation district rules are the state regulations that govern land use and permits on land in Hawaiʻi’s Conservation District, one of the four state land use districts. On Maui, that state layer sits on top of County zoning, so a parcel in the Conservation District answers to DLNR’s Office of Conservation and Coastal Lands (OCCL), not just the County.

According to DLNR’s Oct. 12, 2026 news release, the proposed amendments would reorganize and update the rules, strengthen conservation criteria, simplify permitting for minor activities, address coastal hazards and erosion, overhaul shoreline hardening provisions, clarify rules for restoring existing structures, and streamline provisions for restoring loko iʻa (traditional Hawaiian fishponds). The Board of Land and Natural Resources approved statewide hearings on June 12, 2026. If adopted, the rules would apply on every island.

When are the Maui hearings on the conservation district rules?

Here’s the schedule posted on OCCL’s proposed rule changes page (as of Oct. 20, 2026):

Event	Date (2026)	Time	Location
Informational briefing	Wed., Oct. 21	5 p.m.	Kalanimoku Building, Honolulu, and Zoom
Maui hearing	Wed., Oct. 28	5 to 7:30 p.m.	Lahaina Intermediate School, 871 Lahainaluna Rd.
Maui hearing	Thu., Oct. 29	5 to 7:30 p.m.	Kahului Community Center, 275 Uhu St.
Molokaʻi hearing	Sat., Nov. 14	Noon to 2:30 p.m.	Kaunakakai
Written comments due	Mon., Nov. 30	Email or postmark	OCCL, P.O. Box 621, Honolulu, HI 96809

DLNR asks anyone needing accommodations to call OCCL at 808-587-0377 at least four days before a hearing.

How could the proposal change what you can build on conservation land?

The biggest change for private owners is the size of a single-family residence. OCCL’s June 12, 2026 report to the Land Board summarizes proposed “developable area” caps, and the proposal would count lanai, pool decks, equipment buildings and sheds toward that area:

Lot size	Current cap	Proposed cap
Up to 14,000 sq. ft.	3,500 sq. ft.	1,500 sq. ft.
14,000 sq. ft. to 1 acre	3,500 sq. ft.	2,500 sq. ft.
Over 1 acre	5,000 sq. ft.	3,500 sq. ft.

The same report describes a 30% reduction in the maximum on parcels with a 20% to 30% general slope, and no new residences on parcels steeper than 30%. Homes could not be designed with independent subunits, and the report says vacation rental prohibitions would be tightened. The version posted for hearings is dated July 15, 2026, so check that draft for the final proposed wording.

What would change for oceanfront lots and seawalls?

Coastal rules would get stricter. Per OCCL’s report, the conservation district shoreline setback would grow from 40 feet to 60 feet plus 70 times the annual erosion rate. A residence would not be allowed in the Sea Level Rise Exposure Area if buildable area exists elsewhere on the parcel, and coastal-hazard properties would face a 2,500-square-foot developable-area limit with post-and-beam or pier construction instead of slab-on-grade.

Private seawalls and revetments would be limited to areas without sandy beaches, and single-family shoreline projects would need a recorded covenant prohibiting shoreline hardening. Emergency shoreline permits would be limited to one year, renewable once. For the County side of shoreline rules, see my guide to Maui shoreline setback and SMA rules.

What about existing homes that don’t meet today’s rules?

Under the proposal, a nonconforming structure damaged by more than 50% of its replacement cost could only be rebuilt in conformity with the rules, and the owner would carry the burden of proving legal nonconforming status. Repairs could not exceed the size, height or density that existed on Oct. 1, 1964, or when the land entered the Conservation District. For a buyer, that makes permit history and documentation part of the value of the home.

How do I know if a Maui property is in the Conservation District?

Check the State Land Use District for the specific tax map key (TMK), not just the County zoning on the listing. Some parcels are split between districts. OCCL can confirm, and boundary determinations would carry a $100 fee under the proposal. If a lot is near a boundary, get that answer in writing before you rely on a building plan.

My Take: What I’m Telling Land Buyers and Owners

If you’re shopping for land, the proposal is a reason to slow down, not to panic. When a buyer is interested in a vacant lot on Maui, the first things I look at are zoning, the water meter, utilities, CPR status, any permits pulled, and the parcel’s status with the County as to whether everything is conforming and in compliance. With these rules in play, I’d add the State Land Use District and the current draft developable-area caps to that list, because a home plan that works under today’s 3,500-square-foot cap might not work at 1,500.

If you already own conservation land and have a project in mind, talk with an architect or land use consultant now about timing and which rules would apply to your application. Owners of older oceanfront homes should gather permit records and any documents showing the home’s legal status.

Anyone can testify or send comments. If you’re under contract on a conservation district parcel, ask your attorney whether your due diligence period should account for the rulemaking.

This is general information, not tax or legal advice; confirm with a CPA or Hawaiʻi attorney.

Frequently Asked Questions

Are the new conservation district rules in effect?
No. As of Oct. 20, 2026, they are proposed amendments to HAR Chapter 13-5. Hearings run Oct. 28 through Nov. 19, and the final rules may change.

How do I comment on the proposed rules?
Email OCCL using the address listed on DLNR’s proposed rule changes page, or mail comments postmarked by Monday, Nov. 30, 2026, to OCCL, P.O. Box 621, Honolulu, HI 96809.

Would the proposal shrink the size of homes on conservation land?
Under OCCL’s June 12 summary, yes. The developable-area cap on lots up to 14,000 square feet would drop from 3,500 to 1,500 square feet, with lanai, pool decks and sheds counted.

Does this affect County shoreline setbacks?
These are state rules for land in the Conservation District. County shoreline setback and SMA rules are separate and still apply where relevant.

Ask Benjamin

If you’re weighing a Maui lot or oceanfront home and want help sorting out which state and County rules apply, I’m Benjamin Finnerty, and I’d be glad to walk through it with you. Call or text 808-481-9748 or email benjamin@the808team.com. You can also compare recent Maui land prices by area.

Sources: DLNR news release NR26-122 (Oct. 12, 2026); DLNR Office of Conservation and Coastal Lands, proposed rule changes page and OCCL Report to the Board of Land and Natural Resources, Item K-1 (June 12, 2026); Maui Now (Oct. 18, 2026).