Rebuilding Lahaina:  challenges moving forward

Attorney Mariah Bellamoroso joins producer/host Coralie Chun Matayoshi to discuss what more needs to be done, how will Lahaina be built back differently, efforts to protect Maui’s coastline through climate-related shoreline setbacks, status of the Lahaina Land Trust efforts to acquire land, build homes, and sell to kamaaina families, what challenges survivors are facing, and other resources available.

Mariah Bellamoroso is an attorney at the Settle Meyer law firm and a graduate of Harvard Law School. She advises nonprofits, community organizations, and public-private partnerships on land use, affordable housing, and disaster recovery efforts across Hawaii, helping clients navigate complex permitting and regulatory challenges.

Q. As the former CEO of the Red Cross, I’ve seen a lot of disasters, and we know that rebuilding takes a long time.  It took residents of the Paradise Camp fire at least 5 years to rebuild and Maui faces some unique challenges.  One big accomplishment was reaching a global settlement to provide resources needed to rebuild.  But as we move from emergency response to long-term recovery the challenge is how to get people back on their feet quickly, while also taking the time to rebuild in a way that aligns with community priorities and long-term resilience.  Putting everything back exactly how it was before the wildfire isn’t always possible, and in some ways, may not even be a good idea because we cannot allow this to happen again.  How will Lahaina be built back differently?

This is still very much an open question, but progress has been made in some areas. For example, within the last couple of months there have been a number of public hearings and other events related to street and transportation planning that prioritizes evacuation routes and accessibility. The County also reached agreements with some private landowners recently to move planned roadway expansions forward and create new escape routes. Plans to move electric lines underground are also proceeding, but more slowly. There are also long-term efforts to establish firebreaks and manage “green break” areas to minimize wildfire risk, which has also seen varied progress. The Hawaii Wildfire Management Organization received some U.S. Forest Service grant funding to support this effort, and other projects are underway as well, although again, it has been slow to see material outcomes.  We’re also seeing investment in long-term infrastructure—like stormwater systems, coastal protection, and community gathering spaces—as well as memorials and cultural preservation to honor Lahaina’s history while supporting resilience. These kinds of changes take time, funding, and coordination across government and community organizations, but they’re essential to building back safer and stronger

Q.  After the wildfire, Governor Green explicitly excluded Lahaina from his Proclamation Relating to Affordable Housing.  Is that still the case?

No. The most recent version of the Emergency Proclamation for Affordable Housing (issued on June 3, 2025) no longer excludes Lahaina. Earlier versions did exclude it, in part to help address fears that opportunistic outside investors would take advantage of fast-tracked approvals in fire-impacted areas.  The proclamation’s scope has been narrowed pretty significantly since it was first issued, so the practical effect of lifting the exclusion now is limited. But it does mean that some affordable housing projects in Lahaina are now eligible for benefits like school impact fee waivers and streamlined processing, which could help support local housing development.

Q.  Are there efforts to protect Maui’s coastline through climate-related shoreline setbacks?

Yes. This is one of the areas where there’s been real debate about how to balance recovery with long-term climate resilience. Many Lahaina properties would normally be subject to Special Management Area (SMA) permitting rules, which are designed to protect the shoreline and require extensive environmental review before permits for any new construction or substantial renovation projects.  Maui County also recently imposed larger shoreline setback requirements that make it harder to build anything in the area immediately next to the shoreline.   Special Management Area permits can take a very long time to process, and many people who owned property in Lahaina believed that it wouldn’t be fair to have to start that process from scratch to rebuild what already existed prior to the fires, or to have to comply with more restrictive setback rules. On the other hand, others believe that this is an opportunity to reconstruct Lahaina further back in a way that would be more resilient to sea level rise, erosion, etc.

Previous versions of the Governor’s Emergency Proclamation on Wildfires had created some limited exemptions from SMA permitting for residential properties mauka of Front Street—so, not right on the shoreline, but nearby—to allow homeowners to rebuild more quickly. The most recent iteration of that proclamation still waives Special Management Area regulations to allow for repairs and reconstruction of structures affected by the wildfire, as long as the reconstruction complies with Hawaii’s coastal zone management program objectives and conditions imposed by Maui County to reduce negative impacts on the coastal area.

Some legislation encoding similar limited exemptions was also recently enacted: SB 1296 CD1, was signed into law as Act 304 on July 8, 2025. Act 304 allows any lawfully constructed structure in the Special Management Area that was destroyed by a natural disaster to be reconstructed to the same footprint without a separate, new special management area permit. This exception is not available if the structure does not comply with floodplain management standards and it does not apply to lots on the immediate shoreline or otherwise subject to waves, storm surges, or shoreline erosion. This bill will also sunset in 2028, which doesn’t leave much time for people to process permits.  At the same time, Maui County had already been working to update its SMA rules more broadly. After some legal setbacks in 2024, a revised version of the rules is now in place. It includes stricter coastal setbacks and stronger enforcement tools, but these new rules won’t apply to properties covered by the emergency exemptions.

Q.  What challenges are survivors facing?

There are quite a few. Ongoing economic instability is one. Many survivors, and especially renters or those who are not expecting substantial insurance payouts, are still struggling with sky-high housing costs. Rent in the area is still 50–60% higher than pre-fire levels, largely due to limited housing stock.  Even for homeowners who do expect insurance funds, the money often comes slowly and may not cover the total cost of construction now, especially once you factor in upgrades like fireproofing or modern building standards, which can delay rebuilding. Conversations about rebuilding often focus on regulatory barriers like permits, and that’s definitely a challenge, but it’s not the whole story – it can take quite a bit of time and money to get to a place where you’re ready to apply for a building permit, let alone figure out how to finance construction while potentially displaced elsewhere or living with family or in temporary housing.   Commercial rebuilding has been significantly more delayed than residential construction.  Many small businesses haven’t been able to reopen, and with tourism and hospitality jobs lagging, some survivors face a double blow from losing both housing and employment.

Q.  What other resources are available?

There are a number of programs aimed at supporting Lahaina recovery, some at the state or county level and some available directly to individuals. To name just a couple examples:

·         Deferred Payment Loan Program –Maui County is expected to launch a program this summer in partnership with Hawaii Community Lending to provide $7.5 million in funds for “gap group” families who make too much to qualify for federal disaster assistance but not enough to cover the full cost of rebuilding on their own. Maui County Managing Director Josiah Nishita says this program will be “personalized” since every household and individual will have varied levels of need. Maui County says the exact details will be announced later this summer. 

·         Community Development Block Grants- Disaster Relief (CDBG-DR) – the U.S. Congress has appropriated $1.6 billion in federal aid for Maui County to support recovery under the CDBG-DR program. These funds will be administered by the County and must comply with CDBG-DR regulations. They generally can be used to rebuild facilities and infrastructure damaged by the fires, support public services such as health care and job training related to recovery, and in some cases support the construction of new buildings for affordable housing. The County accepted public comments on plans for the allocation of these funds through March of this year and funds for housing will begin to be distributed sometime in august .  

·         Kako’o Maui: The Council for Native Hawaiian Advancement (CNHA) administers a number of programs and resources for homeowners whose residences were destroyed or rendered uninhabitable, such as rental assistance, referrals, and assistance matching individuals and families displaced by the wildfire with available temporary housing options.

Q.  The Lahaina Land Trust was created as a non-profit entity to acquire land and build homes to sell to kamaaina families.  Have they made any progress?

Yes, the Lahaina Community Land Trust (LCLT) has had strong community support and financial backing from public and private sources. Based on their 2024 public reporting, LCLT has secured five parcels of land so far: one purchased and held in trust, two under contract, one transferred from the County of Maui, and one gifted through inheritance by a kupuna.  An additional twelve parcels are in various planning and due diligence phases. They have secured additional funding, including $15 million from the County of Maui and around $3.6 million in private donations, and are continuing to expand their construction and other efforts.  Land trusts like this have worked well in other states to keep housing permanently affordable. The big challenge is scaling: making a good program big enough to reach the full population in need. But LCLT’s progress so far has been impressive.

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Disclaimer:  this material is intended for informational purposes only and does not constitute legal advice.  The law varies by jurisdiction and is constantly changing.  For legal advice, you should consult a lawyer that can apply the appropriate law to the facts in your case.