The following testimony was submitted by the Grassroot Institute of Hawaii for consideration by the Maui County Council on Nov. 7, 2025.
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Nov. 7, 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), CD1, which would waive rules related to overhead 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 their buildings the way they were before being destroyed or damaged in 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 over a sidewalk or road.
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.
