Short-term rental permit rules in Hawaii County, HI β also called Airbnb permits, vacation rental licenses, or STR registration β list the application steps, fees, and operating requirements for hosting.
Hawaii County (the Big Island) is one of the largest short-term vacation rental markets in the State of Hawaii, and rentals of an entire dwelling for 30 consecutive days or fewer are tightly regulated under Bill 108 (2018), adopted by the Hawaii County Council on November 14, 2018, signed into law on December 5, 2018 as Ordinance 18-114, and effective April 1, 2019. The ordinance is codified primarily within Hawaii County Code (HCC) Chapter 25 (Zoning) and is administered by the Hawaii County Planning Department under Planning Department Rule 23. New non-owner-occupied short-term vacation rentals (STVRs) are permitted only in: V (Resort-Hotel) zones, CG/CV (General Commercial and Village Commercial) zones, residential and commercial districts within the General Plan Resort Area (resort nodes), and multifamily (RM) zones for units inside condominium properties. STVRs are not permitted in single-family residential (RS, RA) zones or on State Land Use Agricultural lands; the Hawaii Supreme Court unanimously affirmed Bill 108's ag-land prohibition in Rosehill v. County of Hawai'i on September 24, 2024, holding that farm dwellings under HRS Chapter 205 cannot lawfully be operated as transient accommodations. Pre-existing STVRs operating outside permitted zones before April 1, 2019 had until 180 days after the ordinance's effective date to apply for a Nonconforming Use Certificate (NUC); NUCs must be renewed annually with the Planning Department. In addition to a State TAT certificate and General Excise Tax (GET) license, operators must remit a 3% Hawaii County Transient Accommodations Tax (HCTAT) under Bill 81 / Ordinance 21-89 (signed by Mayor Mitchell D. Roth on December 10, 2021), levied on top of state TAT effective January 1, 2022. A new registration regime under Bill 47 (2025) / Ordinance 25-50, signed by Mayor Kimo Alameda on June 25, 2025, will require all hosted and unhosted transient accommodation rentals to register annually with the County; Bill 98 (2025) delayed the Ordinance 25-50 effective date from December 20, 2025 to July 1, 2026 to allow the County time to build the registration system.
Governing law: Hawaii County's STVR program was created by Bill 108 (2018), adopted by the County Council on November 14, 2018, signed by Mayor Harry Kim on December 5, 2018, and codified as Ordinance 18-114 (effective April 1, 2019). The ordinance amended Hawaii County Code Chapter 25 (Zoning) and is administered by the Planning Department under Rule 23 (Rules of Practice and Procedure for Short-Term Vacation Rentals). Definition (HCC Chapter 25): an STVR is a dwelling unit (1) of which the owner or operator does not reside on the building site, (2) that has no more than five bedrooms for rent on the building site, and (3) that is rented for a period of 30 consecutive days or less. Owner-occupied bed-and-breakfast (B&B) homes are regulated separately and historically allowed in additional zones with appropriate permits. Permitted zoning districts for STVRs (HCC Chapter 25): V (Resort-Hotel) districts; CG (General Commercial) and CV (Village Commercial) districts; residential and commercial districts within the boundaries of the General Plan Resort Area (the so-called resort nodes such as Kohala Coast/Waikoloa, Keauhou-Kona, and others); and the RM (Multifamily) district, but only for STVR use within condominium properties. Single-family residential (RS, RA), low-density residential, and State Land Use Agricultural lands are prohibited zones for STVR use. Agricultural-land prohibition affirmed: in Rosehill v. County of Hawai'i (No. SCAP-22-0000478), the Hawaii Supreme Court issued a unanimous decision on September 24, 2024 upholding Bill 108's prohibition of STVRs on State Land Use Agricultural land, finding that operation of a farm dwelling as a transient accommodation is inconsistent with the Legislature's definition of farm dwelling under HRS Chapter 205 and that short-term rental use is not 'used in connection with a farm.' Nonconforming Use Certificate (NUC): owners of pre-existing STVRs that were lawfully operating in non-permitted zones before the April 1, 2019 effective date had until 180 days after that date to apply for an NUC. Approved NUC owners may continue to operate as nonconforming STVRs, but must (a) renew the NUC annually with the Planning Department; (b) maintain a current State TAT/GET registration; (c) provide off-street parking that complies with HCC Sections 25-4-50 through 25-4-54; (d) keep the NUC number visible in all advertisements and listings; and (e) file change-of-information forms when ownership or operator status changes. NUCs that lapse for failure to renew are extinguished. Affidavits of compliance are required with renewal applications. The County stopped accepting new NUC applications after the original 180-day window closed; new STVR operations are now allowed only in the permitted zones listed above. Operating standards: all guest parking must be off-street and meet the requirements of HCC Sections 25-4-50 through 25-4-54; signage rules and notice-to-neighbor requirements apply under Rule 23. The Planning Department's STVR registration form and Statement of Compliance are filed with the County at planning.hawaiicounty.gov. County HCTAT (Hawaii County Transient Accommodations Tax): under Bill 81 (2021), Draft 2, signed by Mayor Mitchell D. Roth on December 10, 2021 and codified as Ordinance 21-89, Hawaii County imposes a 3% HCTAT on all gross rental, gross rental proceeds, and fair market rental value taxable under HRS Chapter 237D, effective January 1, 2022. The HCTAT is paid directly to the County of Hawaii through the State eHawaii TAT portal (tat.ehawaii.gov/tat/hawaii) and is in addition to State TAT and General Excise Tax (GET). State tax obligations: hosts of any rental of less than 180 consecutive days must register with the Hawaii Department of Taxation and obtain both a Transient Accommodations Tax certificate and a GET license. State TAT is currently 10.25% and is scheduled to rise to 11% effective January 1, 2026 under Hawaii Act 96 (2025). GET is 4.0%, which is 4.166% effective when grossed up. Hawaii County does not impose a county GET surcharge on transient accommodation receipts at this time. The TAT registration ID must appear in all advertisements and listings under HRS Section 237D-4. Airbnb and Vrbo do not collect Hawaii TAT or GET on a host's behalf; hosts must self-register and self-remit. Future registration regime (Bill 47, 2025): on June 25, 2025, Mayor Kimo Alameda signed Bill 47 into law, codified as Ordinance 25-50, establishing an annual registration program for all 'transient accommodation rentals' (TARs) - dwellings rented for 180 days or less - whether hosted (host's principal residence on the same parcel) or unhosted. Initial registration fees are $500 (unhosted) and $250 (hosted), with annual renewals of $250 (unhosted) and $100 (hosted), a $90 late renewal fee, and a $1,000 reinstatement fee after a violation. Applicants must show a valid GET license, an active TAT account, no delinquent property taxes, and full compliance with building, health, and safety codes. Hosted operators must be reachable by phone within one hour and physically present on premises within three hours. Bill 98 (2025), passed unanimously by the Council's Policy Committee on Planning, Land Use and Economic Development on November 8, 2025, amends Ordinance 25-50 to delay its effective date from December 20, 2025 to July 1, 2026, giving the Planning Department time to build the online registration system. STVRs registered before the effective date are 'deemed registered' but remain subject to the new annual renewal framework. Until Ordinance 25-50 takes effect, the Bill 108 / Ordinance 18-114 zoning framework, NUC system, and HCC Chapter 25 enforcement remain the operative law.
Operating a short-term vacation rental of an entire dwelling for 30 consecutive days or fewer in a non-permitted zoning district without a Nonconforming Use Certificate (NUC) is a zoning violation under HCC Chapter 25 and Ordinance 18-114, enforceable by the Hawaii County Planning Department. Civil fines for violations of HCC Chapter 25 are imposed under HCC Section 25-2-35, and the Planning Department issues warning letters followed by an Initial Civil Fine and recurring daily fines if the violation continues. Once Bill 47 / Ordinance 25-50 takes effect on July 1, 2026, operating an unregistered transient accommodation rental will be subject to fines of $1,000 to $10,000 per violation, civil action, property liens for unpaid fines, registration revocation, and platform-side liability for hosting platforms (Airbnb, Vrbo, etc.) that list unregistered properties (up to $10,000). NUC holders may have certificates revoked or non-renewed for failing to file annual renewal applications, failing to provide off-street parking that complies with HCC Sections 25-4-50 through 25-4-54, failing to display the NUC number in advertisements, or losing State TAT/GET compliance. Operating an STVR on State Land Use Agricultural land is barred by Ordinance 18-114 and confirmed unlawful by the Hawaii Supreme Court's September 24, 2024 ruling in Rosehill v. County of Hawai'i; agricultural-land STVR operators are subject to County zoning enforcement and the loss of any farm-dwelling protection under HRS Chapter 205. Failure to register for or remit Hawaii's State Transient Accommodations Tax, the General Excise Tax, or the 3% Hawaii County Transient Accommodations Tax (HCTAT) under Ordinance 21-89 is enforceable by the Hawaii Department of Taxation under HRS Chapters 237 (GET) and 237D (TAT) and by Hawaii County under Bill 81 (2021); penalties include back taxes, statutory interest, civil penalties up to 25% of unpaid tax, and revocation of tax certificates. Each advertisement that omits the required TAT/GET registration ID is a separate violation under HRS Section 237D-4.
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