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Allow building ‘encroachments’ that comprised part of Lahaina’s charm

The following testimony was submitted by the Grassroot Institute of Hawaii for consideration by the Maui County Council on Oct. 10, 2025
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Oct. 10, 2025, 9 a.m.
Kalana O Maui Building

To: Maui County Council
        Alice Lee, Chair
        Yuki Lei Sugimura, Vice Chair

From: Grassroot Institute of Hawaii
               Jonathan Helton, Policy Analyst

Re: Bill 156 (2025) — RELATING TO ENCROACHMENTS ON PUBLIC RIGHTS-OF-WAY

Aloha Chair Lee, Vice Chair Sugimura and other members of the Council,

The Grassroot Institute of Hawaii supports Bill 156 (2025), which would waive rules related to encroachments on public rights-of-way for the reconstruction of buildings damaged or destroyed in a natural disaster.

Currently, awnings, signs and any other structures that might have occupied part of a sidewalk or other right-of-way may not be replaced if the buildings to which they were attached are destroyed.[1]

This rule presents a problem for property owners  wanting to reconstruct buildings they had before the Aug. 8, 2023 wildfires. Lahaina’s historic charm depended on its quirks and old construction style, including awnings, signs and other structures that might have extended onto or over a sidewalk or road.

Grassroot encourages the Council to approve this bill, and consider other regulatory relief that would help Lahaina’s people rebuild and return to the town they love. Grassroot’s policy brief “Four more ways to speed up Lahaina’s wildfire recovery” lists some of these regulations that ought to be waived.

Thank you for the opportunity to testify.

Jonathan Helton
Policy Analyst
Grassroot Institute of Hawaii
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[1] 12.52.030 – Minor encroachments not a violation., Maui County Code, accessed Oct. 8, 2025.

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