May 7, 2019||Legislative Updates: Hawaii County


Hawaii County Bill 108 Rules Require STVR Registration by September 2019

Timeline

November 2018 – Bill 108 adopted by Hawaii County Council
February 2019Planning Department releases draft rules
February-April 2019 – Planning Department holds public hearings
April 2019Rule 23 signed by Mayor Harry Kim

Hawaii County Short Term Vacation Rental Rules

Owners of Short Term Vacation Rentals (STVRs) in Hawaii County have five months to register their property and pay a $500 registration fee, according to new rules adopted last month. The registration form and related instructions can be found on the County of Hawaii Planning Department website.

It is the responsibility of all operators of STVRs to read the bill in its entirety and seek legal advice from attorneys as needed to assure compliance with the new rules.

This list includes some of the key items owners should be aware of:

*All operators of STVRs are required to submit a vacation rental registration form and pay a one-time fee of $500.00 by September 28, 2019. Upon registration, operators must show that all TAT and GET has been collected and paid.

*No new vacation rentals will be permitted in areas zoned residential or agricultural, however, existing vacation rentals in these areas may be permitted with a Nonconforming Use Certificate renewed annually for $250.00 (other qualifying criteria may apply).

*Legally mandated house rules, or good neighbor rules, which state among other things, that quiet time is between 9:00 pm and 8:00 am, must be posted in all STVR units.

*STVR units shall be permitted in areas zoned V, CG, CV, RM as well as areas situated in the General Plan Resort and Resort Node areas (other qualifying criteria may apply).

*New STVRs in conforming areas must register and pay the one-time $500.00 registration fee, as well as acquiring TAT and GET licenses.

*Dwelling units used as STVRs must be fully permitted, including any improvements. They must also meet certain off-street parking restrictions.

*STVR units in noncomforming areas can change ownership and pass on the noncomforming use permit, as long as there has been no lapse in renewal of the Nonconforming Use Certificate.

*Operators of STVRs (or their designated representatives) must be reachable by guests, neighbors and county agencies on a 24/7 basis. Reachable is defined as responding by phone within one hour and being able to be present at a property within three hours.

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