Hawaii County Council Approves Bill to Facilitate Construction of Ohana Housing

The Hawaii County Council has approved changes to county regulations that will allow for more ohana developments on the Big Island.

The most significant change to Bill 123 would allow up to three ohana units — now called “accessory dwelling units,” or ADUs — to be built on a single lot, provided the lot is in a zoning district that allows ohana units. On lots that allow more than one primary dwelling unit, one ADU would be allowed for each primary unit.

Under the bill, only one ohana housing unit will be allowed in a given area and can be used as a short-term vacation rental.

Other changes include establishing building requirements for ADUs and repealing existing ordinances that require developers to obtain a separate building permit for an ohana unit in addition to a standard building permit in order to build an ADU.

Heather Kimball, a co-sponsor of the bill and a Hamakua council member, said the county’s original ohana code was developed during a period of “anti-density sentiment.”

“And as a result, to our great disappointment, we’ve seen it spread into agricultural areas all across the island,” Kimball said Sept. 17. “The purpose of this bill is to increase population density in our central urban areas, making sure that people are close to jobs, close to educational opportunities, close to income opportunities, close to infrastructure.”

Although several Kimball Council members supported the proposal, others had doubts.

Kohala Councilmember Cindy Evans tried to stall the bill by filing a motion to delay a decision on the matter, arguing that the bill would negatively impact rural areas by allowing ohana units to be built on half-acre lots, thereby increasing population density.

“I think the impact of this situation is so big that we need to give society time,” Evans said.

Kona Council member Rebecca Villegas agreed.

“I’ve had a lot of constituents … ask why I oppose tiny homes,” Villegas said. “My response was: They’re not tiny homes. Adding three ADUs to someone’s property is not a tiny home.”

However, Evans’ motion failed, with only she and Villegas supporting it. Ultimately, Evans, Villegas, and Kona Councilmember Holeka Inaba were the only votes against the bill.

Mayor Mitch Roth said in a statement Friday that he would sign the bill, contingent on a positive review by the County Council.

“One of the primary goals of our administration is to ensure that our keiki have the opportunity to remain and thrive on the island of Hawaii,” Roth said in a statement.

ADUs “will provide critical housing resources for local families, creating more opportunities for affordable, multigenerational living while ensuring properties are used to their full potential,” Roth said. “By increasing the number of housing options, we are not only addressing urgent needs, but also building a foundation for long-term community resilience where future generations can continue to live, work and thrive in the place they call home.”