The Maui County Council has advanced legislation that would temporarily prohibit the construction of new private swimming pools in West Maui, citing water conservation needs and the region’s ongoing recovery from the August 8, 2023, wildfires.
Bill 161, introduced by West Maui Council Member Tamara Paltin, chair of the Disaster Recovery, International Affairs, and Planning Committee, passed first reading after the Council adopted Committee Report 26-3. If approved on second and final reading, the measure would bar county agencies from issuing permits for new private swimming pools in West Maui through at least the end of the decade.
“This is something that the community has been asking me for, and I respectfully ask for the members’ support of my motion,” Paltin said during deliberations.
Legislative findings within the bill state that “supplying water to support stable housing for West Maui residents is an urgent priority.” Council members pointed to low rainfall, rebuilding demands, and an existing Stage 1 water shortage declaration as reasons for acting now. County leaders emphasized that the broader goal is safeguarding potable water supplies during wildfire recovery and housing reconstruction.
“Ensuring water availability to support growing housing needs is paramount,” Paltin said.
If enacted, the interim ban would remain in place until December 31, 2030, or until specific regional water benchmarks are met. Those conditions include completion of a three-phase groundwater availability study and a determination by the State Commission on Water Resource Management that the water system’s reliable capacity exceeds demand, including pre-fire usage levels.
The bill includes several exemptions. Pools would be allowed for Lahaina homes being rebuilt if a pool existed prior to the fire. Repairs and maintenance of existing pools would continue, as would construction of public swimming pools. Applications that were complete and properly filed before the ordinance takes effect would also be exempt.
Water conservation measures related to pools have been under discussion for months. In September, the Maui Planning Commission supported requiring pool covers for most swimming pools to reduce evaporation. Meeting minutes from that session noted 69 pending pool applications in West Maui at the time.
In a July 10 letter to the Board of Water Supply, Department of Water Supply Director John Stufflebean reported that an average pool in Lahaina uses approximately 56 gallons of water per day — about 11 percent of the estimated 500 gallons per day used by an average household. Stufflebean noted that properly used pool covers can reduce evaporation by roughly 90 percent.
The Board of Water Supply has expressed support for Bill 161, while also recommending that the council consider broader conservation strategies and improved monitoring beyond pool restrictions alone.
The proposed ban has raised questions about potential impacts on real estate values. Malama Minn, CEO of the Realtors Association of Maui, cautioned against early conclusions.
“At this early stage, it is difficult to predict how an interim policy like this could affect home values,” Minn said. “In many cases, properties with existing pools already reflect that feature in their pricing. Any broader market impact would depend on how long the measure remains in place, how it is implemented, and overall housing supply conditions in West Maui.” In related action, council members also passed Bill 158 on first reading, establishing water conservation measures during water shortage declarations. An amendment adopted unanimously would require pool covers for private swimming pools under certain conditions, including when pools are not in use, when properties are vacant, or when pools sit unused for more than 30 consecutive days. Existing pools would not be required to comply with those cover requirements until March 1, 2027. Bill 161 now moves to second and final reading at the next full council meeting, scheduled for January 23.
