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The Honolulu Advertiser
Posted on: Monday, December 28, 2009

B&B rules working on Maui, officials say


By Chris Hamilton
Maui News

HA'IKO, Maui — Since Maui County's new bed-and-breakfast regulations took effect a year ago, the county Planning Department has processed and approved more than twice as many permits for rentals as it did in the previous 11 years, Director Jeff Hunt said.

After months of political debate and years of pressure from the tourism industry, the County Council last year approved a new ordinance covering bed-and-break-fasts. The law takes the time- and wallet-chewing special use permit approval process out of the hands of County Council members.

The planning director now has authority to approve B&B permit applications outside of the hotel/resort districts, except on agricultural land.

In those instances, the application goes to the island's planning commission for approval and must have a state-approved farm plan.

Perhaps the most notable changes in the law are the provisions that property owners can either rent out their own home or an 'ohana unit on the property as a B&B, as long as they live on-site, rent out no more than six rooms and provide breakfast in the morning.

The new law also sets a cap of 400 total B&Bs allowed on the Valley Isle. Moloka'i and Läna'i can set their own standards.

Since going into effect in January, would-be B&B operators have filled out 61 applications, Hunt said.

Thirty-three have been approved since the the new system began in March.

Including rentals that predate the legal change, Maui now has a 44 B&Bs.

"I believe the numbers sort of speak for themselves," Hunt said. "It's working pretty well, and I've heard a lot of positive comments."

Earlier this month, the county Planning Commission approved its most recent agricultural zone permit for Sylvia Lindig of 1640 Kokomo Road in Ha'iku.

Lindig is an architect. However, a stroke and the stalled construction industry forced her to pin her financial hopes on a B&B to help her get through the recession, she said.

She appreciates the end result, "but it was very difficult because of the constant different information given to us from the county," Lindig said.

She said the troubles included one-of-a-kind documents lost by the county and having to defend herself against an anonymous and erroneous complaint that she and her husband were operating a B&B without a permit. In fact, they only built the three-bedroom cottage last year, and in the meantime, the couple has been renting it out long-term, she said.

"I think it's been great," said Planning Commission member Jonathan Starr. "I'm happy to see them get approved, as long as there is no community opposition. For the most part, the new law has enabled families to stay on their land, keep their homes and to do ag. And that was the intent."

Links to the 17-page amended B&B ordinance as well as the 22-page bed-and-breakfast application are at www.co.maui.hi.us/index.asp.