HCC §25-6-39
New rules cannot stop accessory dwelling units
Read the official text at hawaiicounty.gov ↗This section says that after October 7, 2024, any deed, covenant, or similar agreement recorded on land cannot ban or limit building accessory dwelling units, unless the approval process under this chapter or chapter 23 allows it. This applies to agreements that run with the land.
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The ordinance, as written (Hawaiʻi County) — Limiting and prohibiting
A copy, taken August 21, 2026. The version published by Hawaiʻi County is the one that governs, and it may have changed since. Check it before relying on anything here.
Unless provided as a condition of approval under this chapter or chapter 23, no deed restriction, covenant, condition, declaration of condominium property regime, association bylaw, or any other agreement that runs with the subject land duly executed and recorded after October 7, 2024, may limit or prohibit the construction of accessory dwelling units thereon. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2024, ord 24-70, sec 10.)25-6-39 SUPP. 17 (1-2025) 25-132 ZONING § 25-6-39.1
Published by the County of Hawaiʻi Office of the County Clerk.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.