Hawaii Zoning & Land Use Laws

Hawaii ADU Law

Hawaii has a statewide ADU law — Hawaii Act 232 (2023) — Relating to Accessory Dwelling Units — effective 2023-07-06. This law preempts local ordinances — cities and counties cannot impose restrictions stricter than the state standard. Key provisions include: Requires all Hawaii counties to permit ADUs by right on single-family and duplex lots in residential zones; ADUs must receive ministerial approval — no special permit, conditional use permit, or variance required; Counties may not impose owner-occupancy requirements on ADU applicants, and 6 more. The most recent amendment was Act 232 (HB 1630) (2023): Hawaii enacted comprehensive ADU reform requiring all counties (Honolulu, Maui, Kauai, Hawaii County) to allow ADUs by right in residential zones. Eliminated owner-occupancy requirements. Effective July 6, 2023. Addresses Hawaii's severe housing shortage by enabling more residential density on existing lots.

Cottage Food Law

Hawaii Cottage Food Law (Hawaii Revised Statutes Section 328-3.5): Hawaii allows home-based food production and direct sale of certain non-potentially-hazardous foods without a food establishment permit. Permitted products include baked goods, jams, jellies, candy, dried herbs, dried pasta, and similar shelf-stable items. Annual gross revenue limit of $50,000 per year. Direct-to-consumer sales from the home, at farmers markets, and community events. Online sales with in-person delivery may be permitted. Products must be labeled with: producer name and home address, product name, ingredient list in descending order, net weight, allergen information, and 'Made in a Home Kitchen Not Inspected by the Hawaii Department of Health.' Producers must register with the Hawaii Department of Health before beginning operations. Hawaii's cottage food law includes a mandatory registration requirement with the Hawaii Department of Health, which differentiates it from many other states. Hawaii's agricultural and food culture — including tropical fruits, macadamia nuts, and coffee — creates unique cottage food opportunities, though tropical fruit products may require additional regulatory review.

Short-Term Rental Law

Hawaii has enacted significant STR restrictions at both state and county levels. Hawaii Revised Statutes Section 237D imposes a 10.25% Transient Accommodations Tax (TAT) on all short-term rentals. Effective 2020, the state requires STR hosting platforms to collect and remit TAT. Maui County banned non-hosted STRs (owner not present) in residential zones outside designated resort areas in 2022. Honolulu (Oahu) restricts STRs to resort-designated areas under Ordinance 19-18. Kauai and Hawaii County have their own STR registration requirements. Hawaii's STR laws are among the most restrictive in the nation due to housing shortage concerns and resort area conflicts.

Recent Legislative Changes

Hawaii Cities with Zoning Data