Hawaii Short-Term Rental Laws 2026 County-by-County Guide to Maui’s Ban, Oahu’s Permits, and What’s Next

Maui County just signed a law to eliminate approximately 7,000 vacation rentals. Oahu has tried twice to ban stays under 90 days and been blocked by a federal judge both times. The Big Island is building a registration system that doesn’t exist yet. And on Kauai, missing your permit renewal by a single business day means you lose that permit forever.

Welcome to Hawaii’s short-term rental landscape in 2026, where each of the four counties operates under its own regulatory framework with almost nothing in common. I’ve spent the last several weeks reviewing ordinances, court filings, and planning commission minutes across all four jurisdictions. What follows is the most current county-by-county breakdown available.

One note before we start: Hawaii’s regulatory picture is actively shifting. Lawsuits are pending. New ordinances are taking effect. What’s true today might change by next quarter. This guide reflects the law as of March 2026, but always verify with your local planning department before making investment decisions.

State-Level Rules That Apply Everywhere

Before diving into county specifics, every STR operator in Hawaii faces the same state tax obligations.

The Transient Accommodations Tax (TAT) increased to 11% on January 1, 2026, up from the previous 10.25% rate. This applies to all stays under 180 consecutive days. Each county also tacks on a 3% county TAT surcharge, bringing the combined TAT to 14% statewide.

Then there’s the General Excise Tax (GET) at 4% base rate, which climbs to 4.5% in counties that impose the county surcharge (most of them do). Unlike sales tax on the mainland, GET applies to gross rental proceeds, not just the nightly rate.

Add it all up, and your guests are looking at roughly 18% to 18.5% in combined taxes depending on the county. Your TAT registration number must appear in every advertisement, listing, and booking confirmation. Operating without it invites enforcement action.

Maui County: The 7,000-Unit Phase-Out

Maui made national headlines in December 2025 when the County Council passed Bill 9 on a 5-3 vote and Mayor Richard Bissen signed it into law the same day, December 15, 2025. It is now Ordinance No. 5909.

The law targets apartment-zoned transient vacation rentals, specifically the properties on the “Minatoya List” (named after a 2001 legal interpretation that grandfathered short-term use in apartment districts). Roughly 7,000 units fall into this category.

The Phase-Out Timeline

Bill 9 establishes geographic amortization periods. West Maui properties must cease STR operations by January 1, 2029. Properties in the rest of the county (primarily South Maui) must stop by January 1, 2031.

There is no opt-out, no renewal mechanism, and no voluntary conversion path. When your amortization deadline arrives, your right to operate as a short-term rental ends. Period.

What’s Exempt

Not everything on Maui is affected. Hotel-zoned properties, resort-zoned properties, licensed Short-Term Rental Homes (STRHs) in single-family zones, and permitted Bed and Breakfast operations continue under their existing permits. The law specifically targets apartment-district TVRs.

The Litigation

Two lawsuits hit the courts within a week of the signing.

Malter v. Maui County (Case 2CCV-25-0003778) was filed December 19, 2025 in the Second Circuit Court by owners at the Kaanapali Royal condominium in West Maui. Their argument: Bill 9 constitutes an unconstitutional regulatory taking without compensation, violating property rights that were vested over nearly 45 years of permitted STR operation.

Lynam v. County of Maui (Case 2CCV-25-0003780) followed on December 22, seeking class-action status to represent all 7,000 affected Minatoya List property owners. The plaintiffs are requesting a preliminary injunction to block enforcement while the case plays out.

As of March 2026, neither lawsuit has produced a ruling. The county’s Corporation Counsel has stated publicly that Bill 9 is “legally defensible,” but courts will have the final word.

The Hotel Zone Rescue Attempt

In a parallel effort, Maui’s administration proposed creating two new hotel zoning categories (H-3 and H-4) that would have allowed roughly 4,500 of the affected units to continue operating legally. On February 25, 2026, the Maui Planning Commission voted to recommend against this proposal. Commissioner Mark Deakos summarized the majority view: creating new categories specifically to preserve a use the county is trying to phase out contradicts the entire purpose of Bill 9.

The County Council could still vote on the hotel zone proposal, but the Planning Commission’s recommendation makes passage less likely.

Oahu: The 90-Day Battle

Oahu’s STR story is a case study in regulatory persistence meeting judicial pushback.

StaySTRA data shows 9,780 active short-term rentals in Honolulu, generating an average monthly revenue of $4,097 at an 82.1% occupancy rate. That’s a large market with a lot of money at stake, which explains why both sides keep fighting.

The 30-Day vs. 90-Day War

In April 2022, Honolulu passed Bill 41 (Ordinance 22-7), attempting to raise the minimum rental period from 30 consecutive days to 90 consecutive days in residential neighborhoods. The city was trying to push short-term visitors out of residential areas entirely.

Federal Judge Derrick Watson blocked enforcement ten days before the law was set to take effect, issuing a preliminary injunction on October 13, 2022. The Hawaii Legal Short-Term Rental Alliance (HILSTRA) had filed suit arguing the law violated property rights under Hawaii Revised Statutes Section 46-4(a), which limits counties from enacting zoning laws that discontinue prior lawful residential uses.

The city tried again. Bill 62 (CO-25-02) was signed by Mayor Blangiardi on January 3, 2025, reintroducing the 90-day minimum with an effective date of September 2025 and penalties of up to $5,000 initially, escalating to $10,000 per day for continued violations. But the same legal precedent from the HILSTRA case applies, and enforcement remains uncertain.

Picture this: you’re an investor who bought a condo in Kailua in 2019, rented it for 30-day stays legally for three years, and now the city is telling you the minimum is 90 days. The federal court said that’s not allowed. The city passed a new law trying the same thing. Nobody knows which rule actually applies. That’s Oahu right now.

Where STRs Are Actually Legal

Setting aside the 30-vs-90-day confusion, there are four categories of legal short-term rentals on Oahu:

Resort-zoned properties in Waikiki, Ko Olina, and Turtle Bay can operate STRs without special permits.

NUC holders (Nonconforming Use Certificate) can continue short-term operations. There are approximately 793 NUC properties on Oahu. The city stopped issuing new NUCs in September 1990, so if you don’t already have one, you’re not getting one.

Grandfathered non-conforming hotel buildings like the Aloha Surf, Hawaiian Monarch, Island Colony, and a handful of others in Waikiki.

Bill 41 exemptions in specific apartment precincts, including the Waikiki Banyan, Waikiki Sunset, and Ko Olina properties like Kai Lani and Coconut Plantation.

Registration and Costs

Legal STR operators must register with the Department of Planning and Permitting. The initial registration fee is $1,000 with a $500 annual renewal. You’ll also need $1,000,000 in commercial general liability coverage. NUC holders must renew annually between September 1 and October 15.

On the property tax side, STR properties face rates of $9 per $1,000 of assessed value for homes up to $800,000 and $11.50 per $1,000 for properties above that threshold. For context, standard residential non-owner-occupied properties pay $4 per $1,000.

Hawaii County (Big Island): New Registration Coming

The Big Island takes a zoning-based approach under Ordinance 2018-114 (originally Bill 108). Short-term rentals are permitted in resort, hotel, commercial, and multifamily zones. They are banned in single-family residential and agricultural zones unless the property holds a grandfathered Nonconforming Use Certificate (NUC).

StaySTRA tracks 4,715 active short-term rentals in Kailua-Kona alone, with an average daily rate of $284 and 73.3% occupancy. The Big Island’s rental market is substantial, particularly along the Kona and Kohala coasts.

Bill 47: The 2026 Registration Mandate

The big change here is Bill 47, passed in 2025, which requires mandatory annual registration for all hosted short-term rentals (defined as stays of 180 days or fewer). The law takes effect July 1, 2026.

Here’s the catch: the county doesn’t have the system built yet. Officials have acknowledged they still need to establish a database, develop forms, and select a vendor to manage the registration process. The law is on the books, but the infrastructure to comply with it is still under construction.

If you operate on the Big Island, keep an eye on the Hawaii County Planning Department’s website for updates. The registration requirement is coming, and being caught without it after July 1 will not be a pleasant conversation.

Kauai County: The Zero-Tolerance Island

Kauai’s approach is the most straightforward of the four counties, and in some ways the most punishing for operators who let their attention slip.

The VDA System

Short-term vacation rentals on Kauai are confined to designated Visitor Destination Areas (VDAs). The primary VDAs are in Poipu, Kapaa, and Princeville. If your property sits inside a VDA, you can apply for a TVR permit. If it doesn’t, your only option is a grandfathered Non-Conforming Use (NCU) permit, and the county stopped accepting new NCU applications in 2008.

Any rental of less than 180 days outside a VDA without an NCU permit is illegal. That 180-day threshold is important because it’s six times the 30-day standard most other jurisdictions use.

The Renewal Trap

This is where Kauai gets serious. TVR permits require annual renewal, and the county enforces a zero-tolerance policy on late submissions. Under Ordinance 950 (approved July 23, 2013), if you miss your renewal deadline by even one business day, your permit is permanently forfeited. No grace period. No reapplication. No appeal.

Renewal applications must be submitted via certified mail, return receipt requested, at least two months before the renewal date. The mailing address is the Planning Department at 4444 Rice Street, Suite A473, Lihue, HI 96766. The county does not send reminders. The annual fee runs approximately $750.

I have reviewed a lot of STR regulations across the country, and Kauai’s forfeiture policy is among the harshest I’ve encountered. One missed deadline, regardless of the reason, and your permit is gone. Set calendar reminders. Set backup reminders. Consider hiring someone whose entire job is to make sure that envelope gets mailed on time.

What Comes Next

Hawaii’s STR regulatory landscape is not settling down anytime soon.

On Maui, the Bill 9 litigation will likely take years to resolve. Property owners are arguing constitutional takings, the county is arguing public health and housing necessity, and neither side is backing down. If a court issues a preliminary injunction, the phase-out timeline pauses. If it doesn’t, the 2029 West Maui deadline starts looking very real.

On Oahu, the 90-day minimum remains in legal limbo. The city clearly wants it. The federal courts have clearly said it can’t discontinue prior lawful uses. Something has to give.

On the Big Island, watch for the registration system launch. When it goes live, expect a scramble from operators who assumed July 2026 was still far away.

And on Kauai, the rules are established and unlikely to change. The VDA boundaries are what they are. The renewal policy is what it is.

This article provides general information and should not be construed as legal advice. Consult a qualified attorney in your jurisdiction for advice specific to your situation.

We do our best to keep our regulatory guides accurate and up to date, but ordinances change and we are only human. Always verify current requirements directly with your local municipality before making business decisions.

Run the Numbers for Hawaii

Considering a short-term rental investment in Hawaii? Our free Hawaii Airbnb Calculator pulls real market data so you can estimate revenue, occupancy rates, and expenses before you commit.

For a deeper look at Hawaii’s STR markets including active rental counts, average daily rates, and neighborhood-level data, check out our Hawaii market profiles.

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