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Waive rules for encroachments so Lahaina charm can be restored

The following testimony was submitted by the Grassroot Institute of Hawaii for consideration by the Maui County Council Committee on Water and Infrastructure on Oct. 21, 2025.
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Oct. 21, 2025, 1:30 p.m.
Kalana O Maui Building

To: Maui County Council Committee on Water and Infrastructure
       Tom Cook, 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 Cook, Vice Chair Sugimura and other members of the Committee,

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.

The proposed CD1 amendment to the bill would specify that the legislation only relates to overhead encroachments, such as awnings or signs, and would make other technical changes.

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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