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chapter-264•Hawaii Revised Statutes, Chapter 264 — Highways
chapter-264Haw. Rev. Stat. ch. 264CodeJan 1, 1892
Division 1. Government — Title 15. Transportation and Utilities
Hawaii Revised Statutes as published by the Hawaii State Legislature (files updated 1/5/2026 7:14 PM).
(a) All highways, roads, alleys, streets, ways, lanes, bikeways, bridges, and all other real property highway-related interests in the State, opened, laid out, subdivided, consolidated, and acquired and built by the government are declared to be public highways. Public highways are of two types:
(1) State highways, which are those lands, interests, or other real property rights, as defined above, having an alignment or possession of a real property highway-related interest as established by law, subdivided and acquired in accordance with policies and procedures of the department of transportation, separate and exempt from any county subdivision ordinances, and all those under the jurisdiction of the department of transportation; and
(2) County highways, which are all other public highways.
(b) All trails, and other nonvehicular rights-of-way in the State declared to be public rights-of-ways by the Highways Act of 1892, or opened, laid out, or built by the government or otherwise created or vested as nonvehicular public rights-of-way at any time thereafter, or in the future, are declared to be public trails. A public trail is under the jurisdiction of the state board of land and natural resources unless it was created by or dedicated to a particular county, in which case it shall be under the jurisdiction of that county.
(c) All highways, roads, alleys, streets, ways, lanes, bikeways, bridges, and trails in the State, opened, laid out, or built by private parties and dedicated or condemned to the public use, are declared to be public highways or public trails as follows:
(1) Dedication of public highways, roads, alleys, streets, ways, lanes, bikeways, bridges, or trails shall be by deed of conveyance naming the State as grantee in the case of a state highway, road, alley, street, way, lane, bikeway, bridge, or trail and naming the county as grantee in the case of a county highway, road, alley, street, way, lane, bikeway, bridge, or trail. The deed of conveyance shall be delivered to and accepted by the director of transportation in the case of a state highway, road, alley, street, way, lane, bikeway, or bridge, or the board of land and natural resources in the case of a state trail. In the case of a county highway, road, alley, street, way, lane, bikeway, bridge, or trail, the deed shall be delivered to and accepted by the legislative body of a county; provided that in every case where the highway, road, alley, street, way, lane, bikeway, bridge, or trail is constructed and completed as required by any ordinance of the county or any rule, regulation, or resolution thereof having the effect of law, the legislative body of the county shall accept the dedication of the same without exercise of discretion; and
(2) Condemnation of public highways, roads, alleys, streets, ways, lanes, bikeways, bridges, or trails initiated by the State or county pursuant to chapter 101 shall be by final order of condemnation by a court; provided that any private owner of a highway, road, alley, street, way, lane, bikeway, bridge, or trail may petition the mayor of the county in which the highway, road, alley, street, way, lane, bikeway, bridge, or trail is located to initiate condemnation proceedings if the highway, road, alley, street, way, lane, bikeway, bridge, or trail is part of a public road, ownership has not been exercised by limiting use or access, or the State or county has provided some form of maintenance to the highway, road, alley, street, way, lane, bikeway, bridge, or trail in the interest of the public; provided further that a private owner may only petition the mayor of a county after the dissolution of the roads commission established by Act 194, Session Laws of Hawaii 2016; provided further that in every case where the highway, road, alley, street, way, lane, bikeway, bridge, or trail is constructed and completed as required by any ordinance of the county or any rule, regulation, or resolution thereof having the effect of law at the time of construction and completion, the highway, road, alley, street, way, lane, bikeway, bridge, or trail shall be exempt from meeting the construction standards in place at the time of condemnation by the State or county.
(d) If a privately owned highway, road, alley, street, way, lane, bikeway, bridge, or trail has been condemned by the State or county pursuant to subsection (c), the State or county shall be exempt for a period of three years from any state laws or rules adopted pursuant thereto that would require the State or county to perform construction, reconstruction, preservation, resurfacing, restoration, or rehabilitation upon it. The State and counties may only be held jointly and severally liable for acts or omissions that occurred after the condemnation of a highway, road, alley, street, way, lane, bikeway, bridge, or trail.
(e) All county public highways and trails once established shall continue until vacated, closed, abandoned, or discontinued by a resolution of the legislative body of the county wherein the county highway or trail lies. All state trails once established shall continue until lawfully disposed of pursuant to the requirements of chapter 171.
(f) A privately owned highway, road, alley, street, way, lane, bikeway, or bridge that has been condemned by the State or county pursuant to subsection (c) may be accorded flexibility in design, including limitations of liability, pursuant to section 264-20, in consideration of the unique nature and limitations associated with property dedicated or condemned to public use.
[L 1892, c 47, §2; RL 1945, §6111; am L 1947, c 142, pt of §1; am L 1949, c 74, §2; RL 1955, §142-1; am L 1957, c 155, §1; am L 1963, c 190, §1; HRS §264-1; am L 1977, c 68, §4; am L 1988, c 150, §1; am L 2008, c 12, §1; am L 2016, c 194, §3; am L 2022, c 123, §2]
(a) Notwithstanding any law to the contrary, if the governor or state director of transportation, in the case of a state highway, or the mayor of a county or the county director of transportation, in the case of a county highway, determines that substantial endangerment to public health and safety is or is highly likely to be caused by the temporary closure of, or the lack of adequate access to an area by, a county highway or a state highway as defined under section 264-1(a), which requires immediate action, the governor or state director of transportation, in the case of a state highway, or a mayor of a county or the county director of transportation, in the case of a county highway, without a public hearing, may designate the area to be a traffic emergency zone, and may take any action that may be necessary until access to the designated area has been established. The designation shall fix a place and time, not later than twenty-four hours after the designation, for a hearing to be held before the state director of transportation, or the county director of transportation.
(b) Upon designation of an area as a traffic emergency zone by the governor or the state director of transportation, or the mayor of a county or the county director of transportation:
(1) State or county highway or street improvements, including but not limited to new construction, reconstruction, preservation, resurfacing, restoration, or rehabilitation of any county or state highway may be undertaken without regard to chapter 103D;
(2) All structures and improvements to land to be used for state or county highway purposes:
(A) May be planned, designed, and constructed by the appropriate state or county department without the approval of county agencies; and
(B) Shall be exempt from any county permitting requirements; and
(3) The state department of transportation or county department of transportation may acquire and designate cane haul roads as state or county highways; provided that the use of cane haul roads as state or county highways shall be for temporary purposes only for a period of time as determined by the state or county director of transportation, but for no longer than the public health and safety requires.
(c) Any other law to the contrary notwithstanding, except as otherwise provided in subsection (d), any decision under this section by the governor, the department of transportation, the mayor of a county, the transportation department of a county, or any officers, employees, or agents of the State or a county, shall not give rise to a cause of action or claim against:
(1) The State or any county;
(2) The state department of transportation;
(3) A county department of transportation; or
(4) Any officer, employee, or agent of an entity under paragraphs (1) to (3).
(d) There shall be a qualified standard of care of the common-law emergency doctrine that shall apply to a claim of negligence in any design, construction, repair, and correction undertaken pursuant to this section.
(e) Where a cane haul road is designated as a state or county highway under subsection (b)(3), the State or county, as the case may be, shall indemnify the owner of the cane haul road from any liability that may arise out of the use of such cane haul road when designated as a state highway.
(f) For the purposes of this section:
"Cane haul road" means a road that is part of an agricultural system of roads or ways established to take agricultural products from the fields to processing facilities without using the public highways.
"County highway" shall have the same meaning as in section 264-1(a).
"State highway" shall have the same meaning as in section 264-1(a).
"Traffic emergency zone" means an area that is accessible by a single state highway and whose accessibility would be compromised by major motor vehicle accidents, fires, floods, erosion, or other factors that would cause the closure of a state or county highway and causes or is highly likely to cause substantial endangerment to public health and safety.
(g) Each designation of a traffic emergency zone shall expire within five years.
[L 2007, c 141, §1]
The ownership of all public highways and the land, real estate and property of the same shall be in the government in fee simple. The term "government" as used herein means the State with reference to state highways and means the respective counties with reference to county highways. If any county highway is required by the State for state highway purposes, the ownership of the county highway shall be transferred to and vested in the State without compensation.
The governor may, at any time by executive order, turn over to any county, state land, in fee simple, for use as a county highway, and the county involved shall thereafter be responsible for its repair and maintenance as a county highway.
The ownership of all county highways is transferred to and vested in the respective counties in which the county highways lie.
[L 1892, c 47, §5; RL 1925, §1893; RL 1935, §2341; RL 1945, §6112; RL 1955, §142-2; am L 1963, c 190, §§2, 4; am L 1965, c 221, §1; am L 1966, c 12, §2; HRS §264-2]
(a) As used in this section:
"Disputed road" means any highway, road, alley, street, way, lane, bikeway, bridge, or trail that is open to the public and is located in any county with a population of five hundred thousand or more, for which there is a dispute over ownership and jurisdiction, as determined by the department of transportation, between the State or any of its political subdivisions and a county or a private party, or between a county and a private party.
(b) If no party has exercised ownership over the disputed road in the five years prior to July 1, 2017, the disputed road shall be deemed to have been surrendered to the county in which the road is situated, pursuant to an administrative order issued by the state director of transportation. The county shall accept without exercise of discretion all surrendered roads and shall record its ownership immediately with the bureau of conveyances.
For purposes of this subsection, driving on a disputed road shall not, on its own, constitute an act of ownership.
[L 2017, c 208, §2]
[Section effective July 1, 2027.] [Section repealed July 1, 2032. L 2025, c 88, §3.] (a) Notwithstanding any provision of law to the contrary, in any county with a population of less than 250,000, fee simple absolute title of a privately owned highway, road, alley, street, way, lane, bikeway, bridge, or trail held by a subdivider shall be deemed transferred to a community association consisting of the owners of property contiguous or adjacent thereto, when:
(1) The subdivider has dissolved or ceased to exist for not less than five years; and
(2) There has not been a dedication of the privately owned highway, road, alley, street, way, lane, bikeway, bridge, or trail by deed of conveyance naming the State or county as grantee pursuant to subsection 264-1(c);
(3) The community association to which the property is to be transferred has given written notice of a potential transfer of property pursuant to this section to all property owners contiguous or adjacent thereto, the mayor of the county within which the property resides, the administrative judge of the circuit court of the first circuit with jurisdiction over land court within the Hawaii State Judiciary, the Bureau of Conveyances, and published in a paper of broad circulation in the county in which the property is located; and
(4) A year has lapsed without the filing of a competing challenge or claim since the community association has met the requirements pursuant to paragraph (3).
(b) For the purposes of this section:
"Community association" means a nonprofit homeowners or community association existing pursuant to covenants running with the land.
"Subdivider" means a person, firm, corporation, partnership, association, trust, or other legal entity or combination thereof causing land to be subdivided or consolidated, which is the owner of the land or the duly authorized agent or lessee of the owner.
[L 2025, c 88, §1]
Whenever a public highway, or any portion thereof is at any time vacated, closed, abandoned, or discontinued, the public highway shall be used or disposed of for the use of the State in the case of a state highway as provided by law and for the use of the county in which the highway lies in the case of a county highway; provided that:
(1) In the case of a county highway, before it is disposed of in any way, it shall be first offered to the abutters for a reasonable length of time and at a reasonable price, and if they do not take the county highway, then it may be sold at public auction; and
(2) If any county highway, the right-of-way for which has been acquired in whole or in part by expenditure of federal funds, is abandoned and disposed of, the necessary portion of the proceeds from the sale thereof shall be remitted to the State for reimbursement or credit to the Federal Highway Administration, if reimbursement or credit is so required.
[L 1963, c 190, §3; am L 1965, c 221, §2; Supp, §142-2.5; HRS §264-3; am L 1993, c 288, §2]
In all cases in which a boundary marker along the right-of-way of a public highway has been disturbed or removed by a public agency of the State or a county in connection with the widening, construction, or maintenance of the highway, the public agency which caused the disturbance or removal shall, if requested by an owner of land a boundary marker of which has been so affected, restore the boundary marker or set a new one at the point of intersection of the affected boundary of the owner's land with the boundary of the right-of-way; provided that no boundary marker shall be restored or set unless its proper location has been established by law or by agreement of all persons having an interest in the location thereof; and provided further that this section shall not apply to markers disturbed or removed prior to January 1, 1950.
[L 1953, c 62, §1; RL 1955, §111-40; HRS §264-4]
Any such restoration or setting of new boundary markers shall be in lieu of all other compensation for the disturbance or removal.
[L 1953, c 62, §2; RL 1955, §111-41; HRS §264-5]
§264 - 6 State highway not to be disturbed without permit. No person or government agency, whether federal, state, or county, shall, in any manner or for any purpose do any of the following acts without a written permit from the director of transportation or the director's authorized representative:
(1) Break up, dig up, disturb, undermine or dig under, or cause to be broken up, dug up, disturbed, undermined, or dug under, the right-of-way of any state highway; or
(2) Place, erect, leave, or store any structure, motor or other vehicle, equipment, or any other object wholly or partially within the right-of-way of any state highway; provided that this paragraph shall not apply to the holding or displaying of movable signs, for the purpose of carrying on political campaign activities.
[L 1967, c 163, pt of §2; HRS §264-6; am L 1980, c 146, §1; gen ch 1985]
(a) Any person or government agency desiring the permit required by section 264-6 shall apply for a permit on a form prescribed by the director of transportation. Any permit issued shall be conditioned upon the adherence of the applicant to the requirements of sections 264-8 and 264-9; provided that on awarding any contract for the construction, reconstruction, maintenance or repair of any state highway or federal-aid highway project, the director of transportation or the director's authorized representative shall ascertain whether the work to be done by the terms of that contract will require the contractor, the contractor's employees, or the contractor's agents to engage in any of the activities enumerated in section 264-6(1) and (2) and, if one or more such activities is likely to be required, shall issue the permit required by section 264-6, waiving the fee requirements imposed by subsection (b) of this section.
(b) The director, subject to chapter 91, shall establish a fee schedule for the issuance of the permit. The fee schedule established shall be calculated to provide revenues sufficient to defray any expenses the department of transportation may incur in connection with the permit under sections 264-6 to 264-12. An applicant for a permit shall pay the applicable fee, provided that the director may waive the fee payable when the director determines that the work to be done will either improve the highway or otherwise be of benefit to the State; and provided further that no fee shall be required where the only work to be done is the setting of poles and guys to carry overhead wires.
[L 1967, c 163, pt of §2; HRS §264-7; am L 1971, c 15, §1; am L 1980, c 146, §2; gen ch 1985]
Specifications, standards and procedures to be followed in the installation and construction of connections for streets, roads and driveways, concrete curbs and sidewalks, structures, drainage systems, landscaping or grading within the highway rights-of-way, excavation and backfilling of trenches or other openings in state highways, and in the restoration, replacement, or repair of the base course, pavement surfaces, highway structures, and other highway improvements shall be prescribed by the director of transportation. At the request of an applicant for a permit, a copy of such specifications, standards and procedures, shall be furnished. In prescribing the specifications, standards and procedures, the director need not comply with the provisions of law relating to the adoption of rules and regulations.
[L 1967, c 163, pt of §2; HRS §264-8; am L 1971, c 15, §2]
[Repealed]
[L 1994, c 201, §4]
(a) All excess materials remaining at the site of the work done under any permit shall be removed at the expense of the permit holder. The excess material shall not be deposited or placed within any highway right-of-way except with the approval of the director of transportation or the director's authorized representative.
(b) The permit holder, at the permit holder's own expense and upon completion of the work for which the permit was issued, shall backfill all trenches or other openings and make all necessary repairs to or replacement of any concrete gutter, curb, sidewalk, or any other structure in public use and restore or replace any plants, landscaping, signs, markers, or other facilities or improvements that were cut or damaged by the permit holder to a condition similar to that which existed before work was begun under the permit.
(c) Except as otherwise provided in section 264-33, the permit holder shall be responsible for all costs in the installation, construction, repair, removal, restoration, reconstruction or replacement of any improvement within the right-of-way of any state highway.
[L 1967, c 163, pt of §2; HRS §264-9; am L 1971, c 15, §3; gen ch 1985]
Fees collected pursuant to section 264-7 shall be deposited in the state highway fund.
The department of transportation shall employ one or more persons who shall inspect the work of the permit holder and require that it be done in accordance with sections 264-8 and 264-9.
[L 1967, c 163, pt of §2; HRS §264-10]
The director of transportation may require that before the issuance of a permit the applicant give a cash bond, surety company bond, or personal surety bond in favor of the State, and for an amount equal to the estimated cost of backfilling, restoring, or repairing the base court pavement surface, structures, improvements, and landscaped area, and any other additional costs that may be incurred as a result of the work done under the permit during the one-year period following the satisfactory completion of the work. The bond shall be conditioned upon the compliance of the permit holder with the requirements of sections 264-8 and 264-9.
[L 1967, c 163, pt of §2; HRS §264-11]
Any person, including any public officer or employee who violates section 264-6, shall be fined not more than $250 or imprisoned not more than three months, or both.
[L 1967, c 163, pt of §2; HRS §264-12]
Notwithstanding any law to the contrary, the governor or the director of transportation as the governor's designee, may dispose of easements within and access rights along the state highway rights-of-way under such terms and conditions which, in the director's opinion, are in the best interest of the public.
[L 1966, c 30, §2; HRS §264-13; gen ch 1985; am L 1991, c 36, §1; gen ch 1992]
Notwithstanding the existence of any right of vehicle access to or from a state highway in favor of an abutting owner, the department of transportation may prohibit vehicle access via any street, road or driveway to or from abutting properties unless the owner applies for a permit and paves the highway right-of-way between the access opening and the paved portion of the highway pursuant to sections 264-6 to 264-11. Access to or from abutting property via any street, road or driveway which is in use on April 16, 1971 shall not be affected by this section.
[L 1971, c 15, §4]
The director may, with the approval of the governor, expend moneys appropriated by the legislature as may be necessary for the acquisition of real property when the director determines:
(1) The acquisition of the real property is necessary for a state highway project authorized by the legislature;
(2) Funds previously authorized by the legislature are inadequate;
(3) That any delay in the acquisition of such property would unnecessarily increase the cost of the highway project; and
(4) The acquisition, management, or maintenance of the real property as necessary for projects relating to climate mitigation and adaptation and visual and noise buffer zones and barriers;
provided that the selected corridor and alignment of the project shall have been approved by the governor.
All moneys received from the rental, sale, or lease of any property acquired under this section shall be paid into the state general fund; provided that whenever federal funds are involved in the acquisition of the property, any money received from the sale, lease, or rental of such property shall be expended toward the project for which the property was acquired.
[L 1971, c 132, §2; gen ch 1985; am L 1993, c 280, §54; am L 2024, c 109, §4]
The director of transportation may with the prior approval of the director of finance and comptroller establish the state highway payroll clearing account, employee benefits clearing account, construction administration clearing trust account, and any other necessary clearing account or clearing trust account to effectively account for program costs and appropriations.
The director of transportation may, from time to time, make advances to the clearing accounts or clearing trust accounts from the state highway fund or from any moneys appropriated or otherwise made available to the department. The advances shall be in such amounts as may be required to meet the obligations of the department which are authorized by the legislature.
As soon as practicable after an expenditure from a clearing account or clearing trust account, a determination shall be made of the proper fund or appropriation to which the expenditure should be charged. The fund or account from which funds are advanced shall thereupon be reimbursed out of the proper fund or appropriation.
[L 1979, c 166, §1; am L Sp 2021, c 9, §60]
Any state or county agency which prepares proposed plans for a major public highway project shall provide an opportunity for a public hearing at the earliest practicable time before the proposed plans for the project are finalized and commitments have been made by the state or county to the plans or the project. The public hearing shall be conducted and notice given in an adequate manner to apprise all interested persons of the proposed routes and scope of the projects and allow an opportunity for all interested persons to submit data, views, or arguments, orally or in writing. The public hearing required under this section may be held in conjunction with a public hearing held on the project to meet the requirement of any federal, state or county law provided the provisions of this section are satisfied.
The proposing agency shall satisfy any requirement for holding a public hearing under this section if adequate notice of the opportunity for the public hearing on the project is given to interested persons and no written requests for the hearing are received by the agency within a reasonable time.
This section shall not apply to the construction of highway projects where the governor has made a formal determination that the construction of the project is urgently needed because of an emergency, a natural disaster, or a catastrophic failure.
[L 1976, c 163, §1]
(a) Out of the state highway fund amounts, whether state funds or federal funds, shall be expended as necessary by the State for the establishment of bikeways; provided that bikeways shall be established, whenever practicable, wherever a new or existing highway, road, or street is being designed, planned, constructed, reconstructed, relocated, or rehabilitated. At least two per cent of eligible federal funds, and in addition, other state highway fund moneys as available, shall be expended to:
(1) Establish multi-use paths, bicycle paths, and bicycle lanes; and
(2) Install signage and safety devices along bikeways;
provided that the department of transportation shall include the bicycling community in a public involvement process to determine the location of multi-use paths, bicycle paths, bicycle lanes, and installation of signage and safety devices along bikeways.
Planning for any mass transit system shall include appropriate accommodation for bicycle lanes, bikeways, and bicycle routes, including bicycle racks on mass transit vehicles, to enable mass transit users to connect conveniently by bicycle to transit stations and bus stops.
This subsection shall not be construed as requiring the expenditure of a county surcharge on state tax under section 46‑16.8, on bicycle paths if the application of this subsection conflicts with section 46-16.8.
(b) Bikeways are not required to be established under subsection (a):
(1) Where the establishment of the lanes, paths, routes, and ways would be contrary to public safety; or
(2) If the cost of establishing the lanes, paths, routes, and ways would be excessively disproportionate to the need or probable use; or
(3) Where low population density, other available ways, or other factors indicate an absence of any need for the lanes, paths, routes, and ways;
provided that the department of transportation shall involve representatives of the bicycling community, such as the Hawaii Bicycling League, Kauai PATH, Maui Bicycling Alliance, PATH (Big Island), and others in making a determination under paragraphs (1), (2), and (3); provided further that any decision under this subsection shall be documented, including but not limited to, the factors considered in making a decision; and provided further that the department of transportation shall have the burden of persuasion under paragraphs (2) and (3).
(c) The department of transportation, when requested, shall provide technical assistance and advice to counties in carrying out the purpose of this section. The department of transportation shall recommend construction standards for bikeways. The department of transportation, in the manner prescribed for marking highways under section 264-25, shall provide a uniform system of marking and signing such lanes, paths, routes, and ways which shall apply to lanes, paths, routes, and ways under the jurisdiction of the department of transportation and the counties. Notwithstanding any provision to the contrary, the department of transportation and the counties may restrict the use of the lanes, paths, routes, and ways to pedestrians and non-motorized vehicles.
(d) As used in this section, the terms "bikeway", "bicycle path", and "bicycle lane" shall have the same meaning as in section 291C-1.
(e) The department of transportation shall report annually to the legislature before the convening of each regular session as to bikeway expenditures and current projects.
[L 1995, c 222, §2; am L 2007, c 286, §2]
[Repealed]
[L Sp 2021, c 9, §63]
(a) The department of transportation shall:
(1) Scan any cat or dog carcass found on a state roadway for a microchip;
(2) Record any microchip number or other identifying information and a basic description of the animal, if discernible;
(3) Notify the appropriate county animal services contractor or animal control agency within forty-eight hours of discovery; and
(4) When feasible, make reasonable efforts to contact the registered owner of a deceased animal if microchip information is obtained.
(b) The department of transportation may coordinate with the counties to share microchip scanner resources or protocols as needed.
[L 2025, c 81, §3]
(a) If a highway, including any bridge, principal and minor arterial road, collector and local road, or street, requires new construction, reconstruction, preservation, resurfacing (except for maintenance surfacing), restoration, or rehabilitation, the department of transportation with regard to a state highway, or a county with regard to a county highway, may select or apply flexible highway design guidelines consistent with practices used by the Federal Highway Administration and the American Association of State Highway and Transportation Officials. Flexibility in highway design shall consider, among other factors:
(1) Safety, durability, and economy of maintenance;
(2) The constructed and natural environment of the area;
(3) Community development plans and relevant county ordinances;
(4) Sites listed on the State or National Register of Historic Places;
(5) The environmental, scenic, aesthetic, historic, community, and preservation impacts of the activity;
(6) Access for other modes of transportation, including but not limited to bicycle and pedestrian transportation;
(7) Access to and integration of sites deemed culturally and historically significant to the communities affected;
(8) Acceptable engineering practices and standards; and
(9) Safety studies and other pertinent research.
(b) Any other law to the contrary notwithstanding, any decision by the State, the department of transportation, a county, or any officers, employees, or agents of the State, the department of transportation, or a county to select or apply flexibility in highway design pursuant to this section and consistent with the practices used by the Federal Highway Administration and the American Association of State Highway and Transportation Officials shall not give rise to a cause of action or claim against:
(1) The State;
(2) The department of transportation;
(3) The counties;
(4) Any public utility regulated under chapter 269 that places its facilities within the highway right-of-way; or
(5) Any officer, employee, or agent of an entity listed in paragraphs (1) to (4).
(c) The exception to liability provided in subsection (b) applies only to the decision to select or apply flexibility in highway design pursuant to this section and does not extend to design, construction, repair, correction, or maintenance inconsistent with subsection (a).
[L 2005, c 185, §2; am L 2006, c 70, §1]
(a)The department of transportation and the county transportation departments shall adopt a complete streets policy that seeks to reasonably accommodate convenient access and mobility for all users of the public highways within their respective jurisdictions as described under section 264-1, including pedestrians, bicyclists, transit users, motorists, and persons of all ages and abilities.
(b) This section shall apply to new construction, reconstruction, and maintenance of highways, roads, streets, ways, and lanes located within urban, suburban, and rural areas, if appropriate for the application of complete streets.
(c) This section shall not apply if:
(1) Use of a particular highway, road, street, way, or lane by bicyclists or pedestrians is prohibited by law, including within interstate highway corridors;
(2) The costs would be excessively disproportionate to the need or probable use of the particular highway, road, street, way, or lane;
(3) There exists a sparseness of population, or there exists other available means, or similar factors indicating an absence of a future need; or
(4) The safety of vehicular, pedestrian, or bicycle traffic may be placed at unacceptable risk.
[L 2009, c 54, §1]
The department of transportation, in collaboration with the Hawaii state energy office, shall develop strategies to transition all light-duty motor vehicles in the State's fleets to meet the clean ground transportation goal established pursuant to section 196-9(c)(10).
[L 2021, c 74, §3]
Whenever used in this part:
"Administrator" means the official or officials administering the Federal Highway Act.
"Federal-aid funds" means funds appropriated by the Congress of the United States under or for the purposes of the Federal Highway Act, in which the State is entitled to share.
"Federal-aid project" means any project for the construction or reconstruction of any highway or portion thereof upon which federal-aid funds are to be, are being, or have been, expended, in connection with local appropriations as in this section defined.
"Federal Highway Act" means Title 23 of the United States Code, and all acts of the Congress of the United States amendatory or supplementary thereto, including future enactments not requiring substantial changes of the powers and duties provided for by this part.
"Local funds" means funds appropriated by the State or any county for the construction of any federal-aid project.
[L 1929, c 53, pt of §1; RL 1935, §1710; RL 1945, §4961; RL 1955, §111-1; HRS §264-21]
For the purpose of complying with the Federal Highway Act, the department of transportation is designated as the state highway department.
[L 1929, c 53, pt of §1; RL 1935, §1711; RL 1945, §4962; RL 1955, §111-2; am L Sp 1959 2d, c 1, §26; HRS §264-22]
The director of transportation shall:
(1) Select, designate, acquire, or lay out, in compliance with the requirements of the Federal Highway Act, a system or systems of highways in the State, upon which federal-aid funds may or are to be expended, together with state or county funds, or both;
(2) Alter, modify, revise, or acquire new or additional real property interests in support of the system or systems or any portion or portions thereof, to such extent as may be required by the administrator under the Federal Highway Act; provided the alteration, modification, revision, or acquisition of new or additional real property interests is not forbidden by the laws of the State and exempt from any county subdivision ordinances;
(3) Prepare, or cause to be prepared, and submit for approval to the administrator, in conformity with the Federal Highway Act, project statements setting forth proposed construction or reconstruction of any highway or portion thereof upon which federal-aid funds are proposed or desired to be expended in connection with local funds; and upon approval of any of the project statements, in conformity with the Federal Highway Act, prepare or cause to be prepared, and submit for approval to the administrator, the surveys, plans, specifications, and estimates for the project embraced by the statement, or any portion thereof, that the administrator may require;
(4) Subject to the approval of the administrator, and in conformity with the Federal Highway Act, on behalf of the State, undertake, and enter into contracts for, the construction of the federal-aid projects, and the expenditure of federal-aid funds, together with local funds, upon the projects, and supervise the construction of the projects; and
(5) Undertake and perform any and all acts that are necessary or proper for the purpose of complying with the Federal Highway Act and securing the benefits of federal-aid for highways which the State is eligible to receive under the Federal Highway Act.
The director may designate in writing a qualified subordinate who may sign vouchers, make routine reports, and perform any other routine duties that the director may deem necessary to delegate. All acts of the subordinate shall be performed under the direction of the director, who shall be responsible therefor.
[L 1929, c 53, pt of §1; RL 1935, §1712; RL 1945, §4963; am L 1947, c 180, §2; RL 1955, §111-3; am L Sp 1959 2d, c 1, §26; HRS §264-23; am L 2008, c 12, §2]
The director of transportation shall have any powers which may be necessary for the full and effective performance and discharge of the duties imposed upon the director by this part or which may be necessary fully and completely to carry out and effectuate the purposes of this part.
The director may, on behalf of the State, with the approval of the governor, accept donations of land, money, or other property for deposit in the state highway fund or for any purpose of this part, upon such terms and conditions as are acceptable to the director, and not inconsistent with the proper discharge of the director's duties and functions or prejudicial to the obtaining of the federal-aid funds payable to the State without such donations.
[L 1929, c 53, pt of §1; RL 1935, §1713; RL 1945, §4964; am L 1947, c 73, §4; RL 1955, §111-4; am L Sp 1959 2d, c 1, §26; HRS §264-24; gen ch 1985]
On any federal-aid highway, the location, form, and character of informational, regulatory, and warning guideposts, direction boards, signs, curb, and pavement or other markings, and traffic signals, installed or placed by or under the authority of any county, shall be subject to the approval of the director of transportation or the director's authorized representative. The director shall exercise the authority conferred upon the director in such manner as to protect and promote the securing of federal-aid for highways.
[L 1945, c 172, §1; RL 1955, §111-5; am L Sp 1959 2d, c 1, §26; HRS §264-25; gen ch 1985]
(a) Every agreement for the engineering or construction of federal-aid highways or for the acquisition of rights-of-way for these highways shall be made on behalf of the State by the director of transportation. Section 103D-309 shall apply only to that portion of the price that is payable out of local funds. As to that portion of the price that is payable out of federal-aid funds, the agreement is that the State will pay the contractor only out of federal funds actually received for that portion of the project and is not a general agreement on the part of the State to pay that portion out of any other funds. Each agreement shall be deemed to contain a provision to that effect whether specifically included or not.
(b) Any moneys appropriated for the State's share of the price or any moneys in the state highway fund created by section 248-8, in the discretion of the director, may be drawn upon to advance the federal share of payments:
(1) Earned by contractors on federal-aid projects for completed portions of the work; or
(2) Due the owners for property conveyed by them,
where the necessary federal-aid moneys are not immediately forthcoming; provided that the appropriation or fund, as applicable, shall be reimbursed for the advances when federal-aid moneys are received.
[L 1929, c 53, pt of §1; am L 1933, c 77, §1; RL 1935, §1714; RL 1945, §4965; RL 1955, §111-6; am L 1967, c 116, §1; HRS §264-26; am L Sp 1993, c 8, §20; am L 2020, c 70, §15]
[Repealed]
[L 1979, c 165, §1]
Whenever appropriations are made by the legislature for the construction or reconstruction of any highway or portion thereof, the director of transportation, in the absence of any provisions to the contrary in the act making the appropriation or in any other state laws applicable thereto, and in case the highway is eligible for federal aid and the director deems such course advisable, may, subject to the approval of the administrator, construct such highway as a federal-aid project and contract for it in accordance with the provisions of this part and of the Federal Highway Act. If any appropriation made by the legislature for the construction or reconstruction of any highway or any portion thereof is required by the act making the appropriation to be expended by the council of a particular county, the director may, in the absence of any specific provision to the contrary in the act making such appropriation, subject to the approval of the governor, designate such highway as a federal-aid project; and the council, upon that designation, shall place the appropriation in the control and at the disposal of the director for the purpose of constructing the highway or portion thereof as a federal-aid project, and the director shall proceed to construct such highway as a federal-aid project and to contract for it in accordance with this part and the Federal Highway Act.
[L 1929, c 53, pt of §1; am L 1931, c 95, §1; RL 1935, §1715; RL 1945, §4967; RL 1955, §111-8; am L Sp 1959 2d, c 1, §26; HRS §264-28; gen ch 1985]
The council of a county, by resolution adopted in the manner required by law relating to resolutions involving the expenditure of public money, may place under the control and at the disposal of the director of transportation any funds of the county expendable for construction or reconstruction of highways within the county for the purpose of securing or attempting to secure federal aid for the construction or reconstruction, as a federal-aid project, of any highway or portion thereof eligible for federal aid within the county. The council, whenever an appropriation for the construction of any highway or portion thereof lying within the system or systems of highways eligible for federal aid, as designated from time to time by the governor and the administrator under the provisions of the Federal Highway Act, as amended, is made by it, by resolution shall place the appropriation under the control of the director for the purpose of constructing the highway or portion thereof as a federal-aid project.
The council, by the resolution, shall also grant the director of transportation exemptions from county subdivision requirements in order to expedite and make efficient the expenditure of public money.
[L 1929, c 53, pt of §1; am L 1931, c 95, §2; RL 1935, §1716; RL 1945, §4968; RL 1955, §111-9; am L Sp 1959 2d, c 1, §26; HRS §264-29; am L 2008, c 12, §3]
If any funds for highways are placed at the disposal of the director of transportation by the council of any county under the provisions of section 264-28 or 264-29, these funds, if not already in the treasury of the State, or under the immediate control of the proper officers of the State, shall be paid by the county into the treasury of the State for the purpose specified, and shall thereafter be expendable only by the director for the purpose upon warrants drawn by the comptroller based upon vouchers approved by the director.
If the funds are not wholly expended for such project, or if for any reason the project fails to become a federal-aid project, the director shall certify such fact to the comptroller and director of finance of the State and to the council of the county concerned, and such funds or the unexpended balance thereof, as the case may be, shall, upon the certification immediately resume the former status thereof, and shall be retransferred to the proper fund, or to the county, as the case may be, to which it formerly belonged.
[L 1929, c 53, pt of §1; RL 1935, §1717; RL 1945, §4969; RL 1955, §111-10; am L 1957, c 152, §1; am L Sp 1959 2d, c 1, §§14, 26; am L 1963, c 114, §1; HRS §264-30]
(a) The maintenance work on all roads upon which federal-aid funds have been expended shall be performed under the direction and supervision of the director of transportation either by public employment or by contract, or the director may have the work performed by the county road department, by public employment or by contract, upon authorization of the council of the county concerned. Expenditures for the maintenance work shall be made from the state highway fund created by section 248-8.
(b) All maintenance work shall consider the extent to which work undertaken will increase traffic congestion and the director shall ensure that action is taken to reasonably minimize any adverse impact. The feasibility of off-hour maintenance work shall be considered for all maintenance work that results in significant traffic congestion or delay.
(c) As used in this section, "off-hour maintenance work" means maintenance work performed between the hours of six o'clock p.m. and six o'clock a.m.
[L 1929, c 53, pt of §1; RL 1935, §1720; RL 1945, §4972; am L 1945, c 82, §2; RL 1955, §111-11; am L Sp 1959 2d, c 1, §26; HRS §264-31; am L 1992, c 42, §2]
The term "utility facility" wherever used in section 264-33 means and includes any of the following: any surface, underground, or overhead water mains, fire hydrants, gas mains, sewer mains, pipes (including fuel oil lines), conduits, utility holes, poles, wires, cables, lines, street lighting structures, or other structures or equipment, and the appurtenances thereto, owned by any privately owned public utility or by any county or by any police department or board of water supply of a county and used in connection with the producing or the furnishing of water, gas, light, electric power, communications, transportation, or other public utility services.
[L 1953, c 277, §1; RL 1955, §111-19; HRS §264-32; am L 1986, c 339, §27]
§264 - 33 Relocation of utility facilities. (a) Whenever, as the result of the work of construction, reconstruction, or maintenance of any state highway or state or county federal-aid highway, it is necessary to provide for or require the removal, relocation, replacement, or reconstruction of any utility facility, and the expense of removal, relocation, replacement, or reconstruction exceeds $10,000, one-half of this excess expense shall be a proper charge against the state or county funds available for the construction or maintenance of state or county highways; provided that all of the expense of removal, relocation, replacement, or reconstruction of publicly owned utility facilities shall be a charge against the state or county funds.
(b) The work of the removal, relocation, replacement, or reconstruction may be performed in the following manner, subject to the following conditions:
(1) The work shall be performed in accordance with standards of construction currently used by the utility; and
(2) Such work may be performed by contract as provided in chapter 103D; or after first calling for bids under that chapter, the director of transportation or other officer having power to award such contract, may contract with the public utility owning the utility facility to have the work performed by it, with the use of its own employees and equipment at not to exceed actual cost or in the amount of the lowest responsible bid (if such bids have been submitted), whichever is the lowest amount, with the adjustments hereinafter provided for.
(c) The amount to be paid out of state or county funds shall be computed as follows:
(1) The total cost shall first be determined.
(2) From the total cost there shall be deducted the following items:
(A) Depreciation, except that this shall not be applicable to publicly owned utility facilities, and the salvage value of any materials or parts salvageable and retained by the utility;
(B) The amount of any betterment to the utility facility resulting from the removal, relocation, replacement, or reconstruction;
(C) In the case of a privately owned utility facility only, the first $10,000 of the expense of such work;
(D) The balance of the cost, in the case of a privately owned utility facility only, shall be paid one-half by the owner thereof, and the remaining one-half shall be the amount payable out of state or county funds.
[L 1953, c 227, §2; RL 1955, §111-20; am L Sp 1959 2d, c 1, §26; HRS §264-33; am L 1981, c 42, §1; am L Sp 1993, c 8, §21]
[§264-33.5] Underground installation of utility facilities along federal-aid highways; when required; when waived. (a) The director of transportation shall arrange for the installation of all utility cables and facilities below the ground, within a berm or away from the alignment of a highway, during the design or redesign and construction or reconstruction phases of any new or existing federal-aid highway project, when a determination is made that federal highway funds are available to pay for the federal share of the cost differential between underground and overhead facilities.
(b) The director of transportation may make exceptions to subsection (a) if:
(1) The director determines that exceptions are appropriate due to either:
(A) Any of the following criteria: environmental, safety, research, technology, corridor alignment, or management concern; or
(B) The following criteria collectively: state funding impacts, economic feasibility, and federal funding concerns; or
(2) The projects do not lend themselves to undergrounding, such as: resurfacing, traffic signal installation, drainage installation, bikeway markings, guardrail installation, traffic markings, and enhancement improvements.
[L 1996, c 84, §2]
Where a particular highway project is divided into sections or portions for the purpose of calling for bids thereon, all sections or portions of the project for which bids are called for at or about the same time shall be deemed one project for the purposes of determining the expense of the removal, relocation, replacement, or reconstruction.
[L 1953, c 227, §3; RL 1955, §111-21; HRS §264-34]
(a) As used in this section the term "eligible person" means any individual, family, business concern (including the operation of a farm), and nonprofit organization to be displaced by construction of a project.
(b) The director of transportation, in estimating the cost of any project under section 106, Title 23, United States Code, for right-of-way acquisition or actual construction, shall include as a part of the cost of construction on any of the federal-aid highway systems, relocation payments to be made initially by the director, from state highway funds, to eligible persons for their reasonable and necessary moving expenses caused by their displacement from real property acquired for such project.
(c) Payments under this section shall not exceed $200 in the case of an individual or family, or $3,000 in the case of a business concern (including the operation of a farm) or nonprofit organization. In the case of a business (including the operation of a farm) and in the case of a nonprofit organization, the allowable expenses for transportation under this subsection shall not exceed the cost of moving fifty miles from the point from which the business or organization is being displaced.
(d) In order that the State may avail itself of federal participation in making payments under this section, the director will comply with such rules and regulations regarding payments as may be prescribed by the Secretary of Transportation of the United States.
[L 1963, c 187, §1; Supp, §111-22; am L 1967, c 106, §1; HRS §264-35]
All federal-aid highways shall conform to the general or master plans of the respective political subdivisions of the State unless the conformance jeopardizes the receipt of federal aid, in which case the governor, by executive order, may set aside the general or master plan to the extent any conflict prevents the receipt of federal aid on any given project or the prosecution of the work thereunder.
[L 1963, c 170, §1; Supp, §111-23; HRS §264-36]
There is established a state highway system which shall consist of federal-aid highways and other public highways which may be designated for inclusion in the system pursuant to section 264-42.
[L 1965, c 159, pt of §1; Supp, §111-51; HRS §264-41]
The director of transportation acting in cooperation with appropriate federal and county agencies, may designate for inclusion in the state highway system, such other public highways, including county highways, which are used primarily for through traffic and not for access to any specific property, whether residential, business, or other abutting property.
[L 1965, c 159, pt of §1; Supp, §111-52; HRS §264-42]
The department of transportation shall acquire, subdivide, consolidate, construct, maintain, and administer all highways comprising the state highway system in accordance with all state and federal laws and exempt from county subdivision ordinances.
[L 1965, c 159, pt of §1; Supp, §111-53; HRS §264-43; am L 2008, c 12, §4]
(a) The maintenance of the state highway system may be performed either by public employment or by contract, or the director of transportation may have the maintenance performed by the county in which the highways are situated, by public employment or by contract, upon authorization of the legislative body of the county concerned.
(b) All maintenance work shall consider the extent to which work undertaken will increase traffic congestion and the director shall ensure that action is taken to reasonably minimize any adverse impact. The feasibility of off-hour maintenance work shall be considered for all maintenance work that results in significant traffic congestion or delay.
(c) As used in this section, "off-hour maintenance work" means maintenance work performed between the hours of six o'clock p.m. and six o'clock a.m.
[L 1967, c 163, §3; HRS §264-44; am L 1992, c 42, §3]
To the extent that it is practical and not in conflict with any safety regulation or federal law, regulation, or mandate, if any highway rule or standard relating to highway lighting conflicts with any county ordinance or other rule regarding highway lighting, the more stringent requirement or standard shall govern all new installations of highway lighting.
[L 2007, c 121, §3]
For the purposes of this part, a controlled-access facility is defined as a public highway especially designed for through traffic, and over, from, or to which owners or occupants of abutting land or other persons have no right or easement or have only a controlled right or easement of access, light, air, or view by reason of the fact that their property abuts upon the controlled-access facility or for any other reason.
[L 1960, c 3, pt of §2; Supp, §111-43; HRS §264-61]
The director of transportation, acting alone or in cooperation with any federal, or local agency, may plan, designate, establish, regulate, vacate, alter, realign, widen, improve, maintain, and provide controlled-access facilities for public use whenever the director is of the opinion that traffic conditions, present or future, will justify the special facilities. The director may regulate, restrict, or prohibit the use of the controlled-access facilities by the various classes of vehicles or traffic by means of signs and other devices to promote the safe and efficient use of the facilities.
[L 1960, c 3, pt of §2; Supp, §111-44; HRS §264-62; gen ch 1985]
§264 - 63 Acquisition of property. For the purposes of this part, the director of transportation may acquire for controlled-access facilities and service roads:
(1) Property, as defined in chapter 101, by gift, devise, or purchase; or
(2) Property by eminent domain under chapter 101.
[L 1960, c 3, pt of §2; Supp, §111-46; HRS §264-63]
The director of transportation may so design any controlled-access facility and so regulate, restrict, or prohibit access as to best serve the traffic for which such facility is intended. In this connection, the director may divide and separate any controlled-access facility into separate roadways by the construction of raised curbing, central dividing sections, or other physical separations, or by designating the separate roadways by signs, markers, stripes, and the proper lane for the traffic by appropriate signs, markers, stripes, and other devices.
No person shall have any right of ingress or egress to, from, or across controlled-access facilities to or from abutting lands, except at the designated points at which access may be permitted, upon such terms and conditions as may be specified by the director. Any person who violates this section shall be fined not more than $250 or imprisoned not more than three months, or both.
[L 1960, c 3, pt of §2; Supp, §111-45; HRS §264-64; gen ch 1985]
The director of transportation may designate and establish controlled-access highways as new and additional facilities or may designate and establish an existing public highway as included within a controlled-access facility. The director may provide for the elimination of intersections at grade of controlled-access facilities with existing public highways by grade separation or service road, or by closing off the highways at the right-of-way boundary line of the controlled-access facility; and after the establishment of any controlled-access facility, no highway which is not part of the facility shall intersect the same at grade. No public highway shall be opened into or connected with any such controlled-access facility without the consent and previous approval of the director. The consent and approval shall be given only if the public interest is served thereby.
[L 1960, c 3, pt of §2; Supp, §111-47; HRS §264-65; gen ch 1985]
The director of transportation may enter into agreements with the council of any county, or with the federal government, respecting the financing, planning, establishment, improvement, maintenance, use, regulation, or vacation of controlled-access facilities or other public highways, to facilitate the purposes of this part.
[L 1960, c 3, pt of §2; Supp, §111-48; HRS §264-66]
In connection with the development of any controlled-access facility, the director of transportation may plan, designate, establish, use, regulate, alter, realign, widen, improve, maintain, and vacate local service roads and streets or designate as local service roads and streets any existing public highway, and exercise jurisdiction over service roads and streets in the same manner as is authorized over controlled-access facilities under this part, if, in the director's opinion, the local service roads or streets are necessary or desirable. The local service roads or streets shall be of appropriate design, and shall be separated from the controlled-access facility proper by means of all devices designated as necessary or desirable by the director.
[L 1960, c 3, pt of §2; Supp, §111-49; HRS §264-67; gen ch 1985]
For the purpose of this part, if not inconsistent with the context:
"Department" means the department of transportation.
"Director" means the director of transportation.
"Outdoor advertising" means any device which is:
[(1)] A writing, picture, painting, light, model, display, emblem, sign, billboard, or similar device situated outdoors, which is so designed that it draws the attention of persons on any federal-aid or state highway, to any property, services, entertainment, or amusement, bought, sold, rented, hired, offered, or otherwise traded in by any person, or to the place or person where or by whom such buying, selling, renting, hiring, offering or other trading is carried on;
[(2)] A sign, billboard, poster, notice, bill, or word or words in writing situated outdoors and so designed that it draws the attention of and is read by persons on any federal-aid or state highway; or
[(3)] A sign, billboard, writing, symbol, or emblem made of lights, or a devise or design made of lights so designed that its primary function is not giving light, which is situated outdoors and draws the attention of persons on any federal-aid or state highway.
[L 1966, c 45, pt of §2; HRS §264-71]
§264 - 72 Control of outdoor advertising. No person shall erect or maintain any outdoor advertising outside of the right-of-way boundary and visible from the main-traveled way of any federal-aid or state highway within the State, except the following:
(1) Directional and other official signs and notices, which signs and notices shall include, but not be limited to, signs and notices pertaining to natural wonders, scenic and historic attractions as authorized or required by law.
(2) Signs, displays, and devices advertising the sale or lease of the property upon which they are located.
(3) Signs, displays, and devices advertising activities conducted on the property upon which they are located.
(4) Signs lawfully in existence on October 22, 1965, determined by the director to be landmark signs, including signs on farm structures or natural surfaces, of historic or artistic significance the preservation of which would be consistent with the purpose of this section.
[L 1966, c 45, pt of §2; HRS §264-72; am L 1975, c 39, §1]
The director of transportation may promulgate rules and regulations governing the erection and maintenance of outdoor advertising permitted under section 264-72, consistent with the safety and welfare of the traveling public and with the national standards promulgated by the Secretary of Transportation pursuant to Title 23, United States Code.
[L 1966, c 45, pt of §2; HRS §264-73]
Any outdoor advertising lawfully in existence on May 4, 1966, and which is not in conformity with the provisions contained herein shall be required to be removed by July 1, 1970. Any other outdoor advertising lawfully erected which subsequently does not conform to this part shall not be required to be removed until the end of the fifth year after it becomes nonconforming.
[L 1966, c 45, pt of §2; HRS §264-74]
§264 - 75 Compensation for removal of outdoor advertising. (a) The director of transportation may acquire by purchase, gift, or condemnation, and pay just compensation upon the removal of any outdoor advertising lawfully erected.
(1) Those lawfully in existence on October 22, 1965.
(2) Those lawfully on any federal-aid or state highway on or after October 22, 1965, and before January 1, 1968.
(3) Those lawfully erected on or after January 1, 1968.
(b) The compensation will be paid only for the following:
(1) The taking from the owner of the outdoor advertising of all right, title, leasehold, and interest therein; and
(2) The taking from the owner of the real property on which the outdoor advertising is located, of the right to erect and maintain the outdoor advertising thereon.
[L 1966, c 45, pt of §2; HRS §264-75; am L 1975, c 39, §2]
Any outdoor advertising which violates this part is a public nuisance.
[L 1966, c 45, pt of §2; HRS §264-76]
Any person violating this part shall be fined not less than $25 nor more than $500, or imprisoned not more than one month, or both.
[L 1966, c 45, pt of §2; HRS §264-77]
Nothing in this part shall be construed to abrogate or affect the provisions of any law, ordinance, or regulation which are more restrictive than this part.
[L 1966, c 45, pt of §2; HRS §264-78]
The director of transportation may enter into agreements with the Secretary of Transportation of the United States as provided by Title 23, United States Code, relating to control of outdoor advertising in areas adjacent to any federal-aid highway, and take action in the name of the State to comply with the terms of the agreement.
[L 1966, c 45, pt of §2; HRS §264-79]
This part may be cited as the "Junkyard Control Act".
[L 1966, c 46, pt of §2; HRS §264-81]
For the purpose of promoting the public safety, health, welfare, convenience, and enjoyment of public travel, to protect the public investment in public highways, and to preserve and enhance the scenic beauty of lands bordering public highways, it is declared to be in the public interest to regulate and restrict the establishment, operation, and maintenance of junkyards in areas adjacent to federal-aid or state highways within the State. The legislature finds, determines, and declares that junkyards which do not conform to the requirements of this part are public nuisances.
[L 1966, c 46, pt of §2; HRS §264-82]
For the purpose of this part, if not inconsistent with the context:
"Automobile graveyard" means any establishment or place of business which is maintained, used, or operated, for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts.
"Department" means the department of transportation.
"Director" means the director of transportation.
"Junk" means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.
"Junkyard" means an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term includes garbage dumps and sanitary fills.
[L 1966, c 46, pt of §2; HRS §264-83]
§264 - 84 Control of junkyards. No person shall establish, operate, or maintain a junkyard, any portion of which is within 1,000 feet of the nearest edge of the right-of-way of any federal-aid or state highways within the State, except the following:
(1) Those which are screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main traveled way of a federal-aid or state highway.
(2) Those which are not visible from the main traveled way of a federal-aid or state highway.
[L 1966, c 46, pt of §2; HRS §264-84]
Any junkyard lawfully in existence on May 4, 1966, which is within one thousand feet of the nearest edge of the right-of-way and visible from the main traveled way of any federal-aid or state highway shall be screened, if feasible, by the department of transportation at locations on the highway right-of-way or in areas acquired for such purposes outside the right-of-way so as not to be visible from the main traveled way of the highway; provided that if such a junkyard is located in an area zoned for industrial use, the requirement for screening shall not apply.
[L 1966, c 46, pt of §2; HRS §264-85; am L 1980, c 82, §1]
The director of transportation may promulgate rules and regulations governing the location, planting, construction, and maintenance, including the materials used in the screening required by this part.
[L 1966, c 46, pt of §2; HRS §264-86]
When the director of transportation determines that the topography of the land will not permit the adequate screening of existing junkyards or that the screening of the junkyards would not be economically feasible, the director may acquire by gift, purchase, exchange, or condemnation, such interests in lands as may be necessary to secure the relocation, removal, or disposal of the junkyards, and pay for the costs of relocation, removal, or disposal thereof. When the director determines that it is in the best interest of the State, the director may acquire such lands, or interests in lands, as may be necessary to provide adequate screening of the junkyards.
[L 1966, c 46, pt of §2; HRS §264-87; gen ch 1985]
The department of transportation may apply to the circuit court in the county in which the junkyards may be located for an injunction to abate the nuisance of a nonconforming junkyard.
[L 1966, c 46, pt of §2; HRS §264-88]
Nothing in this part shall be construed to abrogate or affect the provisions of any lawful ordinance or regulation which are more restrictive than this part.
[L 1966, c 46, pt of §2; HRS §264-89]
The director of transportation may enter into agreements with the Secretary of Transportation of the United States as provided by Title 23, United States Code, relating to the control of junkyards in areas adjacent to any federal-aid highway, and take action in the name of the State to comply with the terms of the agreements.
[L 1966, c 46, pt of §2; HRS §264-90]
(a) No person shall park or place a vehicle or structure wholly or partly on any highway for the purpose of selling the vehicle or structure or of selling therefrom or therein any article, service, or thing, thereby creating a hazardous condition or a public nuisance or in reckless disregard of the risk of creating a hazardous condition or public nuisance. The department of transportation may remove or require the immediate removal of the vehicle or structure from the highway.
(b) The director of transportation, in the case of state highways, may, upon application in writing, issue a written permit, subject to any terms and conditions imposed by the director, authorizing the applicant to vend in the airspace, which includes the space above or below a highway, in the State's interstate highway system.
(c) For the purposes of this section, "highway" means the entire width, including the berm or shoulder of a public highway as defined in section 264-1.
[L 1980, c 44, pt of §1; am L 2000, c 23, §1; am L 2002, c 16, §10; am L 2013, c 115, §1; am L 2019, c 111, §8]
Any person who violates section 264-101 is guilty of a petty misdemeanor and shall be fined not more than $1,000 or imprisoned not more than thirty days, or both.
[L 1980, c 44, pt of §1; am L 2000, c 23, §2]
As used in this part, unless the context requires otherwise:
"Capital costs" means part or all of the cost for capital improvements. Capital costs may include costs to acquire right-of-way, plan, design, engineer, finance, and construct improvements including costs of management and consultant fees. Capital costs shall not include periodic maintenance and other operating costs.
"Department" means the department of transportation.
"Development" means any artificial change to real property that requires a county grading or building permit including but not limited to construction, expansion, enlargement, alteration, or erection of buildings or structures.
"Director" means the director of transportation.
"Impact fee" means an assessment on a development used to incrementally fund a fair share of the capital costs of public highway improvements reasonably needed to serve that development.
"State highway improvements" means capital improvements to the physical infrastructure of state highways.
[L 2004, c 155, pt of §2; am L 2006, c 197, §1]
(a) There is established in the state treasury the highway development special fund to be administered by the department, into which shall be deposited:
(1) Transfers of county impact fees assessed under part VIII of chapter 46 and this part to pay for state highway improvements;
(2) Interest from investment of deposits; and
(3) Legislative and county appropriations.
(b) Moneys in the highway development special fund shall be used for the following purposes:
(1) Capital costs of qualifying proposed state highway improvements;
(2) Reevaluation of the need, geographic limitations, amount, and use of impact fees;
(3) Transfers to reimburse other special funds for expenditures which otherwise might have been funded with moneys in the highway development special fund;
(4) Transfers under sections 36-27 and 36-30;
(5) Refunds under section 264-125; and
(6) The department's costs to implement this part, including but not limited to costs to administer the highway development special fund.
(c) The department may establish accounts in the highway development special fund as necessary to implement this part and rules adopted by the department.
(d) There is established within the highway development special fund an electric bicycle and electric moped subaccount. The department shall expend moneys in the subaccount for the purposes of funding the electric bicycle and electric moped rebate program established pursuant to section 196-7.8.
[L 2004, c 155, pt of §2; am L 2022, c 306, §3]
(a) A county may assess, impose, levy, collect, and transfer to the department impact fees for any development pursuant to ordinances adopted under section 46‑142 and this part, and the department is authorized to receive those funds for state highway improvements.
(b) Prior to the assessment, imposition, levy, collection, or transfer to the department of impact fees pursuant to this section, the director shall approve a needs assessment study that shall identify the kinds of state highway improvements for which the fees shall be imposed by the county pursuant to part VIII of chapter 46.
[L 2004, c 155, pt of §2]
Notwithstanding section 264-123, no county shall assess impact fees for state highway improvements without the director’s consent.
[L 2004, c 155, pt of §2]
Upon the request of a county, the department shall refund impact fees transferred to the highway development special fund which have not been expended or encumbered for purposes established under this part within six years after collection under part VIII of chapter 46.
[L 2004, c 155, pt of §2]
The department may adopt rules pursuant to chapter 91 to implement this part.
[L 2004, c 155, pt of §2]
A civil lawsuit contesting an action by the department or a county under this part or under part VIII of chapter 46 shall be filed within sixty calendar days after the date of the action.
[L 2004, c 155, pt of §2]
[PART IX.] SIDEWALK PROJECT PRIORITY LISTS
[ § 264-131] Sidewalk project priority lists. (a) The department of transportation shall maintain a priority list of statewide sidewalk installation and pedestrian improvement projects, including potential alternatives to sidewalks that may be better suited for individual communities. The priority list shall be updated no less than once per year.
(b) Each county's transportation department shall create and maintain a priority list of county sidewalk installation and pedestrian improvement projects, including potential alternatives to sidewalks that may be better suited for individual communities. The priority lists shall be updated no less than once per year.
(c) Each priority list required by subsections (a) and (b) shall include information about the type, cost, and location of the projects on the priority list.
(d) In establishing a priority list required by subsections (a) and (b), the department of transportation and each county's transportation department shall incorporate considerations for each project's:
(1) Cost;
(2) Impact on pedestrian safety;
(3) Importance to a larger pedestrian network; and
(4) Importance for providing first- and last-mile connectivity to transit.
(e) Each priority list required by subsections (a) and (b) shall be published on the respective websites of the department of transportation and each county transportation department.
[L 2021, c 125, §2]
As used in this part, "department" means the department of transportation.
[L 2021, c 131, pt of §2]
(a) The department shall develop and implement a plan for the establishment of the following:
(1) A contiguous network of motor vehicle highways connecting communities throughout each island, in which intersections with other modes of transportation shall be minimized and a priority and preference for access shall be given to public mass transportation;
(2) A contiguous network of bicycle and electric bicycle highways or pathways connecting communities throughout each island, in which intersections with other modes of transportation shall be minimized; provided that the bicycle and electric bicycle highways and pathways shall be separated and protected from vehicular traffic by physical or natural barriers or by meaningful distance or elevation; and
(3) A contiguous network of pedestrian highways or pathways connecting communities throughout each island, in which intersections with other modes of transportation shall be minimized; provided that the pedestrian highways and pathways shall be separated and protected from vehicular and bicycle traffic by physical or natural barriers, or by meaningful distance or elevation.
(b) Within each community the department shall coordinate with the applicable county to develop a comprehensive plan for the establishment of any portion of the following within the department or county's jurisdiction, as applicable:
(1) A contiguous network of bicycle and pedestrian pathways connecting all public schools and libraries in each school complex area to one another, and to its respective state and county transportation infrastructure, in which intersections with other modes of transportation shall be minimized; provided that the pathway network shall be separated and protected from vehicular traffic by physical or natural barriers, or by meaningful distance or elevation;
(2) A contiguous network of bicycle and pedestrian pathways connecting commercial business and shopping hubs to residential areas, and to its respective state and county transportation infrastructure, in which intersections with other modes of transportation shall be minimized; provided that the pathway network shall be separated and protected from vehicular traffic by physical or natural barriers, or by meaningful distance or elevation; and
(3) Pedestrian exercise and active health pathways of meaningful length in which intersections with other modes of transportation shall be minimized; provided that these pathways shall be separated and protected from vehicular traffic by physical or natural barriers, or by meaningful distance or elevation, and easily accessible to residential and high density communities where appropriate.
[L 2021, c 131, pt of §2]
(a)When planning, designing, and implementing ground transportation infrastructure for each project pursuant to this part, the department shall endeavor to:
(1) Assess and maximize total throughput of people across all modes of transportation;
(2) Achieve any goals described in the complete streets policy adopted pursuant to section 264-20.5;
(3) Reduce vehicle miles traveled;
(4) Decrease the percentage of single occupancy vehicles in the State's mode share;
(5) Provide equity for all communities and users;
(6) Improve safety and achieve any goals described in the vision zero policy adopted pursuant to section 286-7.5;
(7) Reduce user cost of transportation;
(8) Improve public health;
(9) Reduce carbon emissions and greenhouse gasses to meet state renewable portfolio standards established in section 269-92 and zero emissions clean economy by 2045 pursuant to section 225P-5;
(10) Reduce urban temperatures by incorporating tree canopy and foliage over hardened surfaces; and
(11) Beautify public infrastructure.
(b) For each project planned by the department, the department shall create a report detailing:
(1) How each goal in subsection (a) was implemented;
(2) How each goal meets the overall goals of transportation infrastructure as outlined in subsection (a); and
(3) Any necessary deviations from the goals outlined in subsection (a) and the reasons for those deviations.
(c) No later than twenty days prior to the convening of each regular session, the department shall submit to the legislature a stand-alone report of, or include in any of the department's relevant annual reports to the legislature, the following:
(1) A list of all projects initiated, underway, or completed during the preceding calendar year;
(2) The status of each project initiated or underway during the preceding calendar year;
(3) The report for each project as required by subsection (b); and
(4) A progress update outlining the department's success in meeting the goals described in subsection (a).
[L 2021, c 131, pt of §2]
The department shall provide for a safe, accessible, equitable, fully multimodal, and sustainable system of ground connections that ensures the accessibility of people and goods and improves economic vitality, public health, livability, and quality of life.
[L 2021, c 131, pt of §2]
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