Chapter 19-102

DEPARTMENT OF TRANSPORTATION
Rules Repealing Rules and Regulations
Establishing a Fee Schedule for the Issuance of a
Permit to Perform Work on State Highways,
and Adopting Chapter 102, Title 19,
Administrative Rules
SUMMARY
1. Rules and Regulations Establishing a Fee Schedule
for the Issuance of a Permit to Perform Work on
State Highways are repealed.
2. Chapter 102 of title 19, entitled "Fee Schedule
for the Issuance of a Permit to Perform Work on
State Highways", is adopted.

TITLE 19 DEPARTMENT OF TRANSPORTATION
SUBTITLE 4 HIGHWAYS DIVISION
CHAPTER 102
FEE SCHEDULE FOR THE ISSUANCE OF A
PERMIT TO PERFORM WORK ON STATE HIGHWAYS
Sec. 19-102-1 Purpose
Sec. 19-102-2 Definitions
Sec. 19-102-3 Fee schedules
Sec. 19-102-4 Method of measurement
Sec. 19-102-5 Payment for overtime inspection
Sec. 19-102-6 Waiver of fees
Sec. 19-102-7 Repeal
Historical note. This chapter is based substan-
tially on the rules and regulations establishing a
fee schedule for the issuance of a permit to perform
work on state highways. [Eff. 1/24/70; R MAY 30 1981]
Sec. 19-102-1 Purpose. The purpose of this
chapter is to establish a fee schedule for the
issuance of permits to perform work on state highways
which shall provide revenues sufficient to defray any
expenses the department of transportation may incur
in connection with the permits. [Eff. MAY 30 1981]
(Auth: HRS Sec. 264-7) (Imp: HRS Sec. 264-7)
Sec. 19-102-2 Definitions. As used in this
chapter, unless the context clearly indicates other-
wise:
"State highways" means all highways designated
for inclusion in the state highway system and under
the jurisdiction of the department of transportation.
The designated state highway system is comprised
of the following highways:
(1) Federal-aid highways:
(A) Interstate and defense highways;
(B) Federal-aid primary state highways;
(C) Federal-aid secondary state highways;
and
(D) Federal-aid urban state highways.
(2) Nonfederal-aid state highways.
"State" means the State of Hawaii.

"Department" means the department of transporta-
tion of the State or its highways division.
"Director" means the director of the department
of transportation of the State or his duly authorized
representative.
"Applicant" means the individual, firm, partner-
ship, corporation, governmental agency, etc., to whom
a permit is issued.
"District engineer" means the highways division's
district engineer of Oahu, Hawaii, Kauai, or Maui, as
the case may be, or his duly authorized representative.
[Eff. JUN 01 1981] (Auth: HRS Sec. 264-7) (Imp: HRS
Section 264-7)
Sec. 19-102-3 Fee schedules. The following
fees are due and payable at the time an application
is made for a permit. The minimum fee is $10; it
shall not be refundable even if the applicant, after
the issuance of the permit and payment of the fee,
decides not to proceed with the construction. The
minimum fee of $10 covers administrative costs, such
as the cost of processing the permit and reviewing
the construction plans.
(1) Schedule I - The fee for a permit to
trench installations such as pipelines,
underground cables, and ditches:
(A) For the first 20 lineal feet of
trench, 50 cents per lineal foot.
(B) For the balance of the trench, 10
cents per lineal foot.
(2) Schedule II - The fee for the permit for
all other construction such as for driveways
and subdivision road connections:
(A) For the first 20 square yards, 50
cents per square yard.
(B) For the balance of the area, 10 cents
per square yard. [Eff. JUN 01 1981]
(Auth: HRS Sec. 264-7) (Imp: HRS
Sec. 264-7)
Sec. 19-102-4 Method of measurement. Quantities
for the determination of the fee shall be computed by
the district engineer from the approved construction
plans. [Eff. JUN 01 1981] (Auth: HRS Sec. 264-7)
(Imp: HRS Sec. 264-7)
Sec. 19-102-5 Payment for overtime inspection.
In the event the operations under the permit require
inspectional services other than during the normal
working hours of the department, the applicant shall

reimburse the department for any additional costs
incurred for these services. The applicant shall pay
the moneys due promptly upon billing. The normal
working hours of the department's inspectional staff
are 7:30 A.M. to 4:15 P.M. Mondays through Fridays
except legal holidays. Overtime shall be any hours
worked in excess of the normal eight working hours
per day or on Saturdays, Sundays, or legal holidays.
[Eff. MAY 30 1981] (Auth: HRS Sec. 264-7) (Imp: HRS
Sec. 264-7)
Sec. 19-102-6 Waiver of fees. No fee shall be
required where the only work to be done is the setting
of poles and guys to carry overhead wires. The
director may waive the fee payable by any governmental
agency where the work involves the construction of
concrete sidewalk, asphaltic concrete footpath,
pedestrian underpass or overpass, installation of
storm drain lines to alleviate flooding problems,
installation of traffic signals and street lights,
flood control projects, and other related construction
which provides for the safety of pedestrians and the
improvement of the highway facility. [Eff. MAY 30 1981]
(Auth: HRS Sec. 264-7) (Imp: HRS Sec. 264-7)
Sec. 19-102-7 Repeal. All rules and regulations
establishing a fee schedule for issuance of a permit
to perform work on state highways in effect prior to
the effective date of this chapter are repealed. [Eff.
MAY 30 1981] HRS Sec. 264-7) (Imp: HRS Sec. 264-7)

DEPARTMENT OF TRANSPORTATION
I, RYOKICHI HIGASHIONNA, in my capacity as the
Director of Transportation of the State of Hawaii,
pursuant to the authority vested in me by law, do
hereby adopt the foregoing Chapter 102 of Title 19
which contains rules relating to the Fee Schedule for
the Issuance of a Permit to Perform Work on State
Highways.
The rules in this chapter are being adopted
following public hearings held on March 31, April 1,
2, and 3, 1981, notice of which was duly published on
March 2, 1981 in the Honolulu Advertiser, Honolulu
Star-Bulletin, Hawaii Tribune Herald, Maui News and
Garden Island News.
These rules shall take effect ten days after
filing with the Office of the Lieutenant Governor.
RYOKICHI HIGASHIONNA
Director of Transportation
Date: May 13, 1981
APPROVED:
GEORGE R. ARIYOSHI
Governor
State of Hawaii
Date: May 18, 1981
APPROVED AS TO FORM:
Deputy Attorney General