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Hawaii County, HI Short-Term Rentals: Primary-Residence-Only Rule (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Bill 108 targets
Non-owner-occupied rentals
Excluded
IRC 121 primary residence
Host-on-site required?
No county-wide mandate
Main control
Zoning district + NUC
Proposed expansion
Bills 121-123 (hosted rentals)

Summary

Hawai'i County's Bill 108 STVR rules apply to rentals where the owner does NOT live on site. Short-term use of an owner's primary residence (as defined under IRC Section 121) is excluded from the STVR definition. There is no county-wide primary-residence-only mandate for STVRs.

These county ordinances apply to unincorporated areas of Hawaii County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

A dwelling unit of which the owner or operator does not reside on the building site... This definition does not include the short-term use of an owner's primary residence as defined under section 121 of the Internal Revenue Code.

View official code

Full Breakdown

The STVR definition in Ordinance 18-114 targets non-owner-occupied rentals: "a dwelling unit of which the owner or operator does not reside on the building site." It expressly states, "This definition does not include the short-term use of an owner's primary residence as defined under section 121 of the Internal Revenue Code." So renting your own primary home short-term is not a Bill 108 STVR. Rather than requiring hosts to live on site, the county instead restricts non-owner-occupied STVRs by zoning: they are allowed by right only in resort/commercial districts, and elsewhere require a Nonconforming Use Certificate proving pre-April-2019 operation. Later hosted-rental bills (121-123) were proposed to close this gap.

Violations & Fines

Claiming a primary-residence exemption while operating a full non-owner-occupied rental can void the exemption and expose the operator to STVR registration and enforcement requirements.

Frequently Asked Questions

Do I have to live in the home I rent short-term?
Not necessarily. Bill 108 actually regulates non-owner-occupied rentals. Short-term use of your own IRC-121 primary residence is excluded from the STVR definition entirely.
Are non-resident owners banned from operating STVRs?
No, but a non-owner-occupied STVR is only allowed by right in resort/commercial zones; elsewhere it needs a Nonconforming Use Certificate showing legal operation before April 1, 2019.

Sources & Official References

Other rules in Hawaii County

Parking Rules: Street Parking LimitsSome RestrictionsShort-Term Rental PermitsSome RestrictionsParking Rules: RV & Boat ParkingSome RestrictionsNoise RulesSome RestrictionsOccupancy LimitsSome RestrictionsShort-Term Rental Parking RulesSome RestrictionsTaxes & FeesSome RestrictionsExtended Home ShareSome RestrictionsInsurance RequirementsSome RestrictionsNight CapsSome RestrictionsHost Presence RuleSome RestrictionsNoise Ordinances: Amplified Music & Outdoor SoundSome RestrictionsParking Rules: EV ChargingSome RestrictionsFence Regulations: Material RestrictionsSome RestrictionsFence Regulations: Fence Permit RequirementsSome Restrictions

All Hawaii County rules

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