New Laws Regulating Big Island Vacation Rentals Soon To Take Effect

The Big Island of Hawaii is experiencing the transition of regulating short term vacation rentals. Hawaii is the last island to adopt a law that will affect the way short terms rentals are handled and controlled.

This bill (now a new law under Rule 23) regulates short-term vacation rentals (STVRs) in Hawaii County. It’s stated purpose is to lay out procedures for processing Short Term Vacation Rentals (STVR) and manage their impacts. Overall, the ordinance deals with eligibility, and procedures for registering your short-term vacation rental with the County in hopes to obtain a Non-Conforming Use (NCU) permit.

Image courtesy of Hawaii Life Vacation Rental “Birdsong” near Hilo, Hawaii Island. Photo Credit: Randall Duryea

Who is Eligible to Apply?

“Pre-existing Short-Term Vacation Rental” means a Short-Term Vacation Rental established on or before April 1, 2019, which is operating in compliance with all applicable governmental laws, ordinances, codes, and/or regulations. Any dwelling being operated as a Short-Term Vacation Rental on a lot created on or after June 4, 1976, in the State Land Use Agricultural District is excluded from being registered as a Short-Term Vacation Rental.

What’s the Registration Process?

If you have an existing vacation rental on the Big Island, whether it’s inside or outside of a resort-zoned area, April 1st will start the 180-day clock for you.

You can view the County of Hawaii’s website for more information at this link.

Within Permitted Zoning Districts

STVRs within Permitted Zoning Districts shall conform to the following requirements to continue or commence operations:

(a) Pre-existing STVRs under this subsection must submit a STVR Registration no later than September 28, 2019.

(b) New STVRs under this subsection may obtain a STVR Registration at any time; however, the property may not be operated as a STVR until the STVR Registration has been issued.

(c) Any STVR under this section that has not lawfully registered within the deadlines set forth herein shall be considered an un-permitted use and subject to the penalties set forth in HCC Chapter 25. 23-7

Outside of Permitted Zoning Districts

In order to obtain an NCU permit, there are certain requirements that all STVR homeowners must follow, such as current display requirements, completed building permits, parking rules, reachable contact person, enforcing quiet hours, etc.

STVRs outside of the Permitted Zoning Districts shall conform to the following requirements to continue being operated as STVRs:

(a) Pre-existing STVRs under this section shall submit a STVR Registration and a NUC no later than September 28, 2019.

(b) No new STVR can obtain a Registration under this section….

Image courtesy of Hawaii Life Vacation Rental “Birdsong” near Hilo, Hawaii Island.  Photo Credit: Randall Duryea

Seek Professional Guidance

We recommend that all homeowners seek legal advice in this matter and/or hire a consultant to assist you with this process, to ensure that you meet the required deadlines and properly complete the necessary paperwork. This blog post describes the new laws as we understand them, and does not constitute legal advice. Rather, it’s provided as helpful guidance. Please seek the advice of a licensed attorney to ensure your interests are represented.

Image courtesy of Hawaii Life Vacation Rental “Maluhia Kahakai” near Hilo, Hawaii Island.