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Every county must allow two ADUs by December 31 — and new covenants cannot stop them

Hawaii · Compliance

Every county must allow two ADUs by December 31 — and new covenants cannot stop them

Hawaii’s counties have until December 31, 2026 to allow at least two accessory dwelling units on residentially zoned urban lots — and a private covenant recorded after May 28, 2024 cannot stand in the way.1

Act 39 (2024), from SB 3202, was signed May 28, 2024. Its Part I adds a section to HRS ch. 46 directing counties; Section 2 adds a section to HRS ch. 205 directing covenants.

The preemption clause, verbatim

“No private covenant for a residentially zoned lot within an urban district recorded after the effective date of this Act shall limit the: (1) Number of accessory dwelling units on that residentially zoned lot below the amount allowed pursuant to section 46- ; or (2) Long-term rental of residential units on that residentially zoned lot.”

And immediately after it, the line that decides most Hawaii associations’ position:

“This section shall not apply to any private covenants recorded before the effective date of this Act.”

What is inside and outside

“Residentially zoned lot” means a zoning lot principally reserved for single-family and two-family detached dwellings. It excludes lots zoned for rural, low-density residential development and open space preservation.

The mandate does not apply outside the ch. 205 urban district, to county powers in ch. 205A special management areas, or to areas a county deems at high risk of natural hazard — flooding, lava, fire — per current federal or state maps.

Subsection (j) adds that nothing in the section or any permit issued under it creates vested rights, and that it does not preempt a county’s ability to accept, review, approve and deny permit applications.

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  1. Session Laws of Hawaii 2024, Act 39 (SB 3202) — full text ↩
  2. SB 3202, C.D. 1, Hawaii State Legislature ↩

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