Title 19 — Substantial Change Procedure Free · no account

When you change a project that already has a Maui land-use approval, does the change need a new public hearing, or can it be handled administratively as a minor modification? This page explains the minor-vs-substantial question in plain language and gives you a working decision aid. First version — sections marked expanding are being filled in; this is not legal advice.

1 · What "substantial change" means

After a land-use entitlement is granted — a Special Use Permit, SMA (Special Management Area) Use Permit, Project District, Conditional Permit, a change in zoning or community plan amendment — an applicant may later want to modify it. The County classifies the modification:

• Minor modification — small changes consistent with the original approval and its conditions. Typically decided administratively by the Planning Director, without a new public hearing.
• Substantial change — a change significant enough that it must go back through public review: notice + a hearing before the Planning Commission (or the original decision-maker), the same as a new application.

Land-use modification framework: Maui County Code Title 19 (Zoning) + the Maui Planning Commission Rules of Practice and Procedure; for shoreline projects, the SMA rules under HRS Ch. 205A + the County SMA rules. expanding: exact section numbers per permit type

2 · The factors that make a change "substantial"

General criteria the County weighs. The precise test depends on your permit type — confirm with the Planning Department. The decision aid below walks these factors.

• Change in use or character of the approved project.
• Increase in size, density, height, or intensity beyond what was approved.
• New or greater impacts — traffic, infrastructure, environmental, shoreline, cultural.
• Changes to the conditions of approval the project was granted under.
• Reduction of a public benefit or community commitment that justified the original approval.

Criteria summarized in plain language from the Planning Commission rules + standard SMA "substantial change" practice. verify § per permit type before relying on this

3 · Decision aid — minor or substantial? guidance, not a determination

4 · If it's substantial — the public-hearing path

1. Application to amend
   File the modification request with the Planning Department, describing the change and its impacts.
   Expense: application + study fees · paid by: applicant
2. Planning Director review & classification
   The Director determines minor vs substantial. Substantial → routed to public review.
   Expense: County staff review · paid by: County (+ applicant fees)
3. Public notice
   Notice of the hearing is published and mailed to surrounding owners, as required.
   Expense: noticing · paid by: County / applicant per rule
4. Public hearing
   The Planning Commission (or original decision-maker) hears testimony and deliberates. For Hāna-region matters, the Hāna Advisory Committee referral applies.
   Expense: hearing process · paid by: County
5. Decision & new conditions
   Approval (often with revised conditions), denial, or continuance — with appeal rights.
   Expense: meeting conditions · paid by: applicant

5 · Charter lens — through James's 12 Stones Charter analysis, not county law

This section is James Langford's charter perspective on what Title 19 ought to do — offered as analysis, clearly distinct from the County's adopted law above. Full mapping on the govOS Charter Hub.