Title
BILL 156 (2025), AMENDING CHAPTER 12.52, MAUI COUNTY CODE, ON ENCROACHMENTS ON PUBLIC RIGHTS-OF-WAY (WAI-17)
Description
The Committee is in receipt of the following:
1. Bill 156 (2025), entitled “A BILL FOR AN ORDINANCE AMENDING CHAPTER 12.52, MAUI COUNTY CODE, ON ENCROACHMENTS ON PUBLIC RIGHTS-OF-WAY.” Bill 156’s purpose is to allow for the replacement of awnings, canopies, marquees, signs, or similar structures encroaching a public right-of-way that were damaged or destroyed by an emergency or disaster declared by proclamation of the Governor or the Mayor under Section 127A-14, Hawaiʻi Revised Statutes, subject to certain conditions.
2. An Amendment Summary Form, dated October 15, 2025, from the Committee Chair, with a proposed CD1 version of Bill 156 (2025), entitled “A BILL FOR AN ORDINANCE AMENDING CHAPTER 12.52, MAUI COUNTY CODE, RELATING TO ENCROACHMENTS ON PUBLIC RIGHTS-OF-WAY.” The proposed CD1 version:
a. Replaces the term “replacement encroachment” with “replacement overhead encroachment” and clarifies that the definition applies only to a structure located partly or wholly over a public right-of-way, including an awning, canopy, marquee, or sign.
b. In proposed Code Section 12.52.050, removes the phrase “to an extent of more than 50 percent of its replacement cost” and makes conforming amendments.
c. Removes language about zoning or other violations.
Status
The Committee may consider whether to recommend passage of Bill 156 (2025) on first reading, with or without revisions. The Committee may also consider the filing of Bill 156 (2025) and other related action.