NREL is a national laboratory of the U.S. Department of Energy, Office of Energy 

Efficiency & Renewable Energy, operated by the Alliance for Sustainable Energy, LLC.

Contract No. DE-AC36-08GO28308

Renewable Energy Permitting 

Barriers in Hawaiʽi: 

Experience from the Field

S. Busche and C. Donnelly 

National Renewable Energy Laboratory 

D. Atkins and R. Fields

Parsons Brinckerhoff

C. Black

Hawaiʽi Department of Business, Economic Development, 

and Tourism

Technical Report

NREL/TP-7A20-55630

March 2013
NREL is a national laboratory of the U.S. Department of Energy, Office of Energy 

Efficiency & Renewable Energy, operated by the Alliance for Sustainable Energy, LLC.

National Renewable Energy Laboratory

15013 Denver West Parkway

Golden, Colorado 80401

303-275-3000 • www.nrel.gov

Contract No. DE-AC36-08GO28308

Renewable Energy Permitting 

Barriers in Hawaiʽi: 

Experience from the Field

S. Busche and C. Donnelly 

National Renewable Energy Laboratory 

D. Atkins and R. Fields

Parsons Brinckerhoff

C. Black

Hawaiʽi Department of Business, Economic Development, 

and Tourism

Prepared under Task No(s). IDHW.0020 and IDHW.1220

Technical Report

NREL/TP-7A20-55630

March 2013
NOTICE

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or favoring by the United States government or any agency thereof. The views and opinions of authors 

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iii

Acknowledgements

This work is made possible through support from the U.S. Department of Energy’s Office of 

Energy Efficiency and Renewable Energy. This white paper builds on a multi-year effort 

conducted by the Hawai‘i Clean Energy Initiative to identify and address permitting barriers for 

renewable energy projects in Hawai‘i and to develop multiple permitting resources to help 

address some of the barriers. The authors would like to thank the many people, including county, 

state, and federal agency representatives and renewable energy professionals, who participated in 

the permitting meetings and contributed to the discussions summarized herein. Their insight into 

the permitting processes in Hawai‘i was invaluable in assisting efforts to improve the renewable 

energy permitting process. The authors sincerely appreciate the reviews of the National 

Renewable Energy Laboratory’s Ken Kelly, Lynn Billman, and Katherine Young, and Group 70 

International’s Tracy Furuya and Jeff Overton. The technical editing and publication 

development is the excellent work of Devin Egan and Karen Peterson of the National Renewable 

Energy Laboratory. Any errors are the responsibility of the authors. 
iv

Table of Contents

Acknowledgements ................................................................................................................................... iii

Table of Contents....................................................................................................................................... iv

List of Tables .............................................................................................................................................. iv

List of Acronyms......................................................................................................................................... v

Executive Summary................................................................................................................................... vi

1 Introduction........................................................................................................................................... 1

2 Background on Renewable Energy Permitting Resources.............................................................. 2

2.1 A Guide to Renewable Energy Facility Permits in Hawai‘i ............................................................ 2

2.2 The Renewable Energy Permit Wizard............................................................................................ 3

3 Renewable Energy Permitting Stakeholder Discussions................................................................. 4

3.1 County Planning Agencies............................................................................................................... 4

3.2 Renewable Energy Project Developers and Industry Professionals ................................................ 6

3.2.1 Particularly Burdensome Permits...................................................................................... 8

3.2.2 Permitting Costs................................................................................................................ 9

3.2.3 Hawai‘i Revised Statutes § 201N ..................................................................................... 9

3.2.4 Barriers to Renewable Energy .......................................................................................... 9

3.2.5 Permit Process Consistency ............................................................................................ 10

4 Conclusion .......................................................................................................................................... 11

Appendix A. Industry Questionnaire....................................................................................................... 12

Appendix B. County Questionnaire ........................................................................................................ 20

List of Tables

Table 1. County Planning Agency Representatives Input to Expedite the Permitting Process ......... 4

Table 2. Renewable Energy Project Developers and Industry Professionals’ Input to Expedite the 

Permitting Process: Suggested Actions to be Taken by Permitting Agencies and State and 

County Lawmakers............................................................................................................................... 6
v

List of Acronyms

DBEDT Department of Business, Economic Development, 

and Tourism

DOH Department of Health

DPP Department of Planning and Permitting

EIS Environmental Impact Statement

FERC Federal Energy Regulatory Commission

HCEI Hawai‘i Clean Energy Initiative

HRS Hawai‘i Revised Statutes

MW Megawatts

NPDES National Pollutant Discharge Elimination System

NREL National Renewable Energy Laboratory

PV Photovoltaic

REFSP Renewable Energy Facility Siting Process
vi

Executive Summary

Stakeholders involved in Hawai‘i Clean Energy Initiative (HCEI) have identified permitting as a 

major barrier to renewable energy development in Hawai‘i. To address this barrier, HCEI began 

a multi-year project to improve transparency in the permitting process for all renewable energy 

technologies. The Hawai‘i Department of Business, Economic Development, and Tourism 

(DBEDT) partnered with the National Renewable Energy Laboratory (NREL) to develop a series 

of guidebooks to provide project developers with a comprehensive resource on permitting 

renewable energy projects in Hawai‘i.1 An online tool, the “Renewable Energy Permit Wizard,” 

was also developed, building on the guidebooks and further improving the transparency in the 

permitting process by assisting developers in quickly identifying which permits may be needed 

for their specific project. 

In coordination with the development of the Wizard, the project team conducted three meetings 

to solicit input from permitting agencies and renewable energy developers on the permitting 

process in Hawai‘i and to facilitate discussion on barriers to obtaining permits efficiently. The 

first meeting was held with county planning directors and staff, and the second two meetings 

were held with local renewable energy project developers and relevant industry professionals. 

The meetings with the county planning staff and the project developers were held separately so 

that the participants would be able to freely discuss the permitting process with peers. This report

presents a summary of these findings to provide stakeholders in Hawai‘i, particularly those 

involved in permitting, with information on current permitting barriers that renewable energy 

developers are experiencing.

The three meetings were held in July and August 2011 with 60 attendees in total representing the 

County of Kauai, County of Maui, City and County of Honolulu, DBEDT, and various 

renewable energy companies involved in solar, bioenergy, OTEC, seawater air conditioning, 

conventional generation, and land use planning. 

This report summarizes insights on the permitting process and prioritized suggestions for 

improvement from county agencies, project developers, and industry professionals alike. The 

county agency representatives identified two main priorities for streamlining the permitting 

process:

1. Developing standardized permit checklists

2. Revising land use and zoning codes to add renewable energy facilities to lists of 

allowable land uses, as appropriate.

2

The industry representatives identified four main streamlining priorities and agreed with the 

county representatives that developing standardized permitting checklists is the number one 

 1 The guidebooks are available at http://energy.hawaii.gov/developer-investor/project-permitting-assistance-andresources/renewable-energy-project-permitting-in-the-state-of-hawaii. 2 Recent actions reflect these strategies: the City and County of Honolulu recently released a self-certification form 

(checklist) for potential PV installers to determine which type of zoning permit is, or is not, required based on 

project siting parameters (2012/INT-1 (RM)). Also, the 2012 Hawai‘i Legislature and Governor passed Act 97, 

which removed the Geothermal Subzone Designation process and makes geothermal development an allowed use in 

State Agricultural Districts.
vii

priority for improving the permitting process. The priorities identified at the industry meetings 

were:

1. Standardized checklists

2. Permit application templates (e.g., digital, web based)

3. Reduce level of application detail as appropriate

4. User fees for expedited permit review. It was noted that the policy of user fees should be 

separate from the use of third-party reviewers. 

These insights can be used by permitting agencies and other organizations pursuing the difficult 

task of improving the permitting process for renewable energy projects in Hawai‘i. Streamlining 

Hawai‘i’s permitting processes will help to alleviate delays, improving the feasibility of 

renewable energy projects throughout the state and aiding Hawai‘i as it strives to achieve 70% 

clean energy by 2030.
1

1 Introduction

The Hawai‘i Clean Energy Initiative (HCEI) is a multi-year partnership, which began in 2008 

between the U.S. Department of Energy and the State of Hawai‘i to encourage collaboration 

between state utilities, business leaders, policymakers, and citizens committed to reducing the 

state’s dependence on imported fossil fuels.3 The State of Hawai‘i has established the goal of 

70% clean energy by 2030; 40% of total electricity is to be generated with renewables4 and a 

30% reduction in projected 2030 energy use is to be achieved through energy efficiency 

measures.5

The stakeholders involved in HCEI have identified permitting as a major barrier to renewable 

energy development in Hawai‘i. To address this barrier, HCEI began a multi-year project to 

improve transparency in the permitting process for all renewable energy technologies. The 

Hawai‘i Department of Business, Economic Development, and Tourism (DBEDT) partnered 

with the National Renewable Energy Laboratory (NREL) to identify the applicable permits for 

each renewable energy technology. A series of guidebooks was developed based on this research 

to provide project developers with a comprehensive resource on permitting renewable energy 

projects in Hawai‘i.6 An online tool, the “Renewable Energy Permit Wizard” (henceforth 

referred to as the “Wizard”), was also developed, building on the guidebooks and further 

improving the transparency in the permitting process by assisting developers in quickly 

identifying which permits may be needed for their specific project. 

As a part of the process of developing these resources, the team solicited input from permitting 

agencies and renewable energy developers on the permitting process in Hawai‘i. This report

presents a summary of these findings to provide stakeholders in Hawai‘i, particularly those 

involved in permitting, with information on current permitting barriers that renewable energy 

developers are experiencing.

 3 The two parties signed a memorandum of understanding that can be accessed here: 

http://apps1.eere.energy.gov/news/pdfs/hawaii_mou.pdf. 4 Codified in the Renewable Portfolio Standards in the Hawai‘i Revised Statutes (HRS) §269-91. 5 Established in the Energy Efficiency Portfolio Standards in the Hawai‘i Public Utilities Commission’s order in 

Docket 2010-0037, codified in HRS §269-96. 6 The guidebooks are available at http://energy.hawaii.gov/developer-investor/project-permitting-assistance-andresources/renewable-energy-project-permitting-in-the-state-of-hawaii. 
2

2 Background on Renewable Energy Permitting

Resources

2.1 A Guide to Renewable Energy Facility Permits in Hawai‘i

In 2009, HCEI began to identify each of the permits that might apply to a renewable energy 

project.7 The permit list is based on the type of technology, the county where a potential project

would be located, and the characteristics of the selected development site. This work culminated 

in the publication of the HCEI Permitting Guidebooks.8 There are 11 guidebooks in total: one for 

each technology listed below, which covers all relevant federal and state permits, and one for 

applicable permits for each of the four main counties in Hawai‘i.9

These guidebooks summarize the types of permits that a renewable energy project developer 

may need to acquire, providing information on how to determine if a permit would be necessary 

based on the specifics of the project. Permit packets were also developed for each permit to 

provide more detailed information on the permit requirements and the process for applying for 

the permit. These packets are available through the Wizard and on DBEDT’s Developer and 

Investor Center website.

10

DBEDT is currently updating these guidebooks and consolidating them into a single, online 

resource called A Guide to Renewable Energy Facility Permits in the State of Hawai‘i.

11 The 

guide provides useful information on each permit including processing procedures, estimated 

 7 Sentech Hawai‘i, LLC was contracted to assist this effort. 8 Available at: http://energy.hawaii.gov/developer-investor/renewable-energy-project-permitting-in-the-state-ofhawaii. 9 There are four main counties in Hawai‘i: Hawai‘i County, City and County of Honolulu, Maui County, and Kauai 

County. There is a fifth county, Kalawao County, which includes fewer than 100 people and has a number of 

population restrictions. See HRS §326-34 for additional information. 10 http://energy.hawaii.gov/developer-investor/project-permitting-assistance-and-resources/renewable-energyproject-permitting-in-the-state-of-hawaii. 11 DBEDT and the Hawai‘i Department of Health (DOH) are also working on another online permitting tool to 

apply for and obtain all DOH environmental permits electronically; the DOH ePermitting Portal. A beta form is 

publically available at: https://eha-cloud.doh.hawaii.gov/epermit/View/default.aspx.

Technology-Specific Guidebooks

• Bioenergy

• Geothermal

• Hydroelectric

• Marine and ocean thermal energy conversion 

• Solar

• Wind

• Waste-to-energy and biomass conversion
3

time of issuance, estimated costs, associated regulations, and agency preferences. It is anticipated 

to be available on the Developer and Investor Center website by the end of 2012. 

2.2 The Renewable Energy Permit Wizard

DBEDT decided to use the information provided in the initial guidebooks to develop an online 

permitting tool that would help developers quickly determine the permits that would apply to a 

renewable energy project in Hawai‘i. The Permit Packets available through the Wizard provide 

details and relevant information for each individual county, state, and federal permit. This tool 

allows developers to understand early in the planning phase not only the expected timeframe for 

acquiring permits, but also how altering the design or location of the project could change the 

permits needed. Because permitting impacts the financing of projects, reducing the permitting 

time or reducing the number of permits required can significantly impact total project costs.

The Wizard was developed by Parsons Brinckerhoff under contract to DBEDT and NREL. The 

online tool was released in the fall of 2011.12 The Wizard was designed so that it can be revised 

by DBEDT as permitting requirements evolve. For example, DBEDT is currently refining the 

Wizard to accurately reflect recent changes in permitting processes for specific renewable energy 

projects and counties (e.g., photovoltaic [PV] installations, geothermal, and marine). 

 12 Available at: http://wizard.hawaiicleanenergyinitiative.org/.
4

3 Renewable Energy Permitting Stakeholder

Discussions

In coordination with the development of the Wizard, the project team conducted three meetings 

to introduce the Wizard to stakeholders, ensure that it accurately reflected the permitting process 

in Hawai‘i, and to conduct a facilitated discussion on barriers to obtaining permits efficiently. 

The first meeting was held with county planning directors and staff, and the second two meetings 

were held with local renewable energy project developers and relevant industry professionals. 

The meetings with the county planning staff and the project developers were held separately so 

that the participants would be able to freely discuss the permitting process with peers. The 

participants’ input on the main permitting barriers impeding investment in renewable energy in 

Hawai‘i is summarized below. It is meant to provide unique insight into the permitting process in 

Hawai‘i from the perspective of the county planning agencies and project developers, as well as 

their suggestions for improving the process.

3.1 County Planning Agencies 

The project team facilitated a discussion of permitting barriers in Hawai‘i with county planning 

agency representatives from across the state. There were eleven attendees in person, representing 

the County of Kauai, County of Maui, City and County of Honolulu, and DBEDT.

Representatives from the County of Hawai‘i participated via phone. 

Based on the discussion and responses to a questionnaire distributed at the meeting, several 

techniques were identified by participants as ways to facilitate and expedite the permitting 

process as shown in Table 1.

Table 1. County Planning Agency Representatives Input to Expedite the Permitting Process

Legislative/Agency 

Requirements

• Require that renewable energy projects be given top priority for 

permit processing at all agencies.

• Reduce the need for a county’s legislative body to make 

multiple permit decisions on a single project at different points 

in time.

• Transfer some of the permit authority from a county’s 

legislative body to the county’s executive branch.

Permitting Processes • Develop and share checklists tailored to renewable energy 

projects.

• Define standard expedited procedures for residential-scale 

projects. 

• Work with stakeholders to avoid litigation, since litigation not 

only causes delay, but also affects the project financing plan. 

One way to avoid litigation is to ensure the stakeholders know 

and fulfill all legal permitting requirements by addressing all 

potential ambiguities (i.e., Is X permit required? Was X permit 
5

processed properly?).

• Use various techniques to improve the quality of initial 

application submissions. Techniques could include agencyconducted education and outreach on the permit process. 

• Proactively address tradeoffs that arise between adverse 

environmental impacts and benefits of increased energy 

production from renewable fuels.

• Reduce the level of required information for renewable energy 

projects, where appropriate.

• Exempt certain renewable energy facilities from environmental 

reviews or permits that are not necessarily applicable by making 

exemptions clear. For example, sometimes it is unclear whether 

a biomass facility is considered a “waste-to-energy” facility, 

which carries different permitting requirements. It can also be 

unclear whether a project is for exploration or production, 

which impacts the permit requirements.

• Conduct ongoing inter-county discussions on permitting 

processes (e.g., standardized checklists of permit requirements 

for classes of renewable energy facilities).

• Explicitly add renewable energy facilities to the list of 

allowable land uses for various zoning classifications as 

appropriate.

The consensus of the participants was that the top two permit streamlining measures appropriate 

for Hawai‘i were:

1. Developing standardized permit checklists

1. Revising land use and zoning codes to add renewable energy facilities to lists of 

allowable land uses, as appropriate.

13

Recent steps have been taken to implement measures similar to those mentioned above, 

including:

1. The City and County of Honolulu Department of Planning and Permitting (DPP) issued 

Guidelines for the permitting of solar installations on Oahu: Land Use Ordinance 

Interpretation No. 2012/INT-1. 

 13 Recent actions reflect these strategies: the City and County of Honolulu recently released a self-certification form 

(checklist) for potential PV installers to determine which type of zoning permit is, or is not, required based on 

project siting parameters (2012/INT-1 (RM)). Also, the 2012 Hawai‘i Legislature and Governor passed Act 97, 

which removed the Geothermal Subzone Designation process and makes geothermal development an allowed use in 

State Agricultural Districts.
6

2. Act 97 (2012 Legislative Session) removed the Geothermal Subzone Designation process 

and allowed geothermal development to be permitted in State Agricultural Districts.14

3. State land-use laws were amended to include “biofuel processing facilities” as an 

allowable use in the agricultural district in Chapter 205, Hawaii Revised Statutes.15

3.2 Renewable Energy Project Developers and Industry Professionals

Combined, 49 people participated in the two meetings with renewable energy project developers 

and other industry professionals, representing a wide variety of companies involved in various 

renewable energy-related technologies including solar, bioenergy, OTEC, seawater air 

conditioning, conventional generation, and land use planning. Based on the discussion and 

responses to a questionnaire distributed at the meetings, several techniques were identified by the 

participants as ways to facilitate and expedite the permitting process as shown in Table 2.

Table 2. Renewable Energy Project Developers and Industry Professionals’ Input to Expedite the 

Permitting Process: Suggested Actions to be Taken by Permitting Agencies and State and County 

Lawmakers

Legislative/Agency 

Requirements

• Increase transparency and consistency of the permitting process 

to allow project developers to better estimate the costs and 

timing associated with each permit. For example, agencies 

could be required to commit to a schedule for permit processing 

and post the status of all applications online.

• Tighten the requirements to obtain a contested case hearing for 

applicable permits because contested case hearings and 

litigation cause project delays and affect the project financing 

plan.

• Shorten the statute of limitations for litigating permit decisions.

• Identify “pinch points” or points in the permitting process 

where permits get hung up regularly, based on each agency’s 

experience with processing, so applicants may adjust their 

submissions appropriately.

• Clarify the permitting sequence so that developers can easily 

understand which permits must be acquired before others.

County agencies should more clearly distinguish between 

planning-type discretionary approvals and ministerial approvals. 

This would be useful for residential projects since they rarely 

require discretionary planning approvals, helping to streamline 

the permit process for residential projects.

• Clarify the approval standard for ministerial permits.

• Identify conflicts between recently proposed and adopted state 

laws and existing county ordinances in order to begin 

 14 County zoning permitting requirements still apply. 15 Hawaii Revised Statutes §205-4.5 (http://www.capitol.hawaii.gov/hrscurrent/Vol04_Ch0201-

0257/HRS0205/HRS_0205-0004_0005.htm).
7

modifying the appropriate ordinances so they are not in conflict. 

For example, sometimes a project may be allowed by the state 

in a given zone/district, but not allowed in the respective 

county/zone (e.g., geothermal projects are allowed in state 

agricultural zones, but not in some county agricultural zones).

• Implement and enforce more statutory timelines for the review 

of applications (if the application is not approved in a certain 

time, it passes automatically).

• Expand the use of “programmatic agreements” and preapprovals to expedite the review of recurring actions, such as 

programmatic EIS, NPDES, and FERC programmatic 

agreements.

• Establish consensus or partnership between the developer and 

the State Energy Office before outreach to the community 

begins. This may help improve community acceptance. 

Permitting Processes • Clarify that renewable energy facilities are allowable uses in 

zoning districts.

• Design the permit acquisition process to minimize the total 

number of public hearings, since these are risk factors.

• Consolidate permits to eliminate overlapping coverage. For 

example, there is some overlap between the County Use, State 

Use, and Special Management Area permits.

• Integrate applicants’ approach to land use, environmental, 

construction, and utility permits because project modifications 

developed in one arena can affect permits in other arenas. For 

example, mitigation measures can arise through the land use 

and environmental permit processes, but not be reflected in 

appropriate construction and utility permit application filings. 

As the project design evolves in response to environmental 

review, the project’s environmental commitments must be 

communicated to all members of the project team potentially 

affected so that all appropriate environmental measures are 

reflected in project documents. 

• Distinguish between pilot and commercial projects, and have 

fewer regulations for pilot/demonstration projects that have less of 

an environmental impact than large-scale, commercial projects. 

• Reduce level of application detail, as appropriate. Certain land-use 

forms can be very detailed and confusing (e.g., Plan Review Use, 

Special District). If DPP, for example, had a checklist/summary 

form for these permits, it could expedite the process.

• Develop and publicize standardized checklists, perhaps in an 
8

electronic form, to determine completeness of the application 

prior to submission to the agency (e.g. facility corps data), 

leading to faster agency reviews.

• Develop more electronic application submission options for 

more permits.

• Conduct state-level permit risk mapping tailored to renewable 

energy projects (e.g., renewable energy zone map) to identify 

areas where it will be particularly difficult to build a project for 

permitting reasons (e.g., in a critical habitat area).

• Revise the public notice and public participation procedures to 

allow for increased use of the Internet to meet the requirements.

The consensus at the first industry professionals meeting was that the top permit streamlining 

measures appropriate to Hawai‘i were:

1. Standardized checklists to assist developers in determining which permits apply to a 

project.

2. Use of third-party reviewers, hired by the agency, to review applications and recommend 

issuance to the agency so that the agency does not need to conduct a full review and can 

provide approvals faster.

3. Agency progress reports tracking the application through the permitting process, 

identifying any upcoming actions (e.g., public hearings or submittal to federal agency), 

made available to the public.

4. Publicity of thresholds and exemptions applicable to renewable energy projects.

5. More programmatic agreements and pre-approvals, e.g., programmatic EIS, Notice of 

General Permit Coverage-National Pollutant Discharge Elimination System.

The consensus at the second industry professionals meeting for the top streamlining measures 

were:

1. Standardized checklists

2. Permit application templates (e.g., digital and web based)

3. Reduce level of application detail as appropriate

4. User fees for expedited permit review. It was noted that the policy of user fees should be 

separate from the use of third-party reviewers. 

A summary of responses from the project developers on specific permitting barriers is included 

below.

3.2.1 Particularly Burdensome Permits

A number of renewable energy project developers and industry professionals identified specific 

permits that were so difficult or time consuming to get that the developer either considered to or 
9

did completely halt work on a project. These permits are: Conservation District Use Permits, 

State Land Use Boundary Amendment, Hawai‘i DOH air permits (which, for example, took one 

developer more than two years to get for a specific renewable energy project), and Special 

Management Area permits. 

3.2.2 Permitting Costs

The participants cited a wide range in the estimated cost of permitting. Some participants 

estimated permitting costs to be as little as 1% to 2% of construction costs while others 

experienced costs as high as 10% to 20%. While the cost is dependent on the project specifics

(e.g., size, technology, etc.), this wide variability in costs makes it difficult for project developers 

to estimate permitting costs during the early stages of project planning. Some participants also 

indicated a willingness to pay to expedite the permitting process. For example, some participants 

indicated they would be willing to pay up to 5% of total project costs to have the environmental 

review completed within six months. Establishing fees for expediting the permitting process 

should be considered carefully, however. It was recommended that fees should probably not be 

based on total project costs, as project costs vary greatly, and permit review costs do not increase 

linearly with project costs.

3.2.3 Hawai‘i Revised Statutes § 201N

Hawai‘i Revised Statutes (HRS) §201N defines the rules and requirements for the state’s 

Renewable Energy Facility Siting Process (REFSP). HRS §201N states that DBEDT (through 

the Energy Resources Coordinator and the Renewable Energy Facilitator) shall establish and 

implement a system to coordinate the review and approval of the federal, state, and county 

permits required for eligible16 renewable energy facilities. DBEDT is responsible for 

coordinating with these agencies to develop a permit plan identifying all permits required for a 

specific renewable energy facility and a plan to obtain all permits within a given timeframe (six 

to 18 months). Under this process, DBEDT may collect fees from the developer for DBEDT 

services performed to facilitate the permitting of that developer’s project or to reimburse state 

and county agencies for the timely review of that developer’s permit(s). This includes 

contracting with third parties to review permit applications, conducting public meetings and 

research, legal analysis, travel, or other expenses incurred by the agencies in processing a 

developer’s permit(s). 

Feedback indicated the REFSP was not favored by some project owners/developers because they 

are skeptical of losing control of permit process decision-making. Though timing is important, 

risk management was identified as an overriding factor. Further restricting the REFSP, many 

state and county agencies are unable to provide assurances a decision can be made on a given 

permit where other bodies control ultimate approval (boards, councils, and commissions, etc.).

3.2.4 Barriers to Renewable Energy

Project developers and industry professionals identified the following as the greatest barriers to 

renewable energy in Hawai‘i:

• Utility permitting and Public Utilities Commission processes can take a long time

 16 To be eligible for the REFSP, projects must have a capacity of >5 megawatts (MW) or 500,000 gal/year if a 

biofuel production facility. Projects with a capacity of 200 MW and larger are automatically eligible for the REFSP.
10

• Community and political opposition to renewable energy

• Environmental agency inflexibility

• Unsuccessful implementation of the mandate to expedite permit reviews for renewable 

energy projects

• Large number of permits required and therefore large number of agencies involved in the 

process

• Unclear regulations and associated interpretations

• Applicant confusion about permitting requirements resulting in the frequent submission 

of incomplete applications.

3.2.5 Permit Process Consistency

Industry participants stated that there is no predictability or certainty about the process for 

renewable energy project permitting, with the exception of residential PV for which the 

permitting process is more clearly defined. While industry representatives recognize the value of 

a complete initial application, many developers find the permit applications confusing and 

inconsistent and, as a result, do not submit all of the necessary information in the first 

submission. Ensuring an application is complete upon initial submission significantly reduces the 

need to exchange information back and forth between agency and applicant; a process identified 

by both industry and government agency representatives as one of the biggest processing delays. 

Hiring a permitting professional at the outset of a project is extremely beneficial as the 

professional can help explain the permitting requirements and the esoteric aspects of various 

permits. Participants also identified direct, early coordination with the permitting agencies to 

develop a project-specific permitting plan as another potential way to reduce permitting 

timelines. The permit plan should identify all possible permits and their relationships as an initial 

step to reduce confusion about requirements, as well as reduce the time it takes to complete the 

permit process.
11

4 Conclusion

The permitting process continues to be a main barrier to the development of renewable energy 

projects in Hawai‘i. State agencies, led by DBEDT, are working together to address this barrier. 

While a number of resources have been developed in recent years (e.g., the guidebooks and the 

Wizard), permitting continues to prove difficult for many project developers. 

This report summarizes insights on the permitting process and offers prioritized suggestions for 

improvement from county agencies, project developers, and industry professionals alike. The 

county agency representatives identified two main priorities for streamlining the permitting 

process:

1. Developing standardized permit checklists

2. Revising land use and zoning codes to add renewable energy facilities to lists of 

allowable land uses, as appropriate.

17

The industry representatives identified four main streamlining priorities and agreed with the 

county representatives that developing standardized permitting checklists is the number one 

priority for improving the permitting process. The priorities identified at the industry meetings 

were:

1. Standardized checklists

2. Permit application templates (e.g., digital and web based)

3. Reduce level of application detail as appropriate

4. User fees for expedited permit review. It was noted that the policy of user fees should be 

separate from the use of third-party reviewers. 

The information provided by the participants at the three meetings was used to clarify the 

questions asked in the Wizard and verify the estimated permitting timelines to ensure that the 

tool accurately reflects the permitting requirements in Hawaii. These insights can also be used by 

the permitting agencies and other organizations pursuing the difficult task of improving the 

permitting process for renewable energy projects in Hawai‘i.

Streamlining Hawai‘i’s permitting processes will help to alleviate delays, improving the 

feasibility of renewable energy projects throughout the state and aiding Hawai‘i as it strives to 

achieve 70% clean energy by 2030. 

 17 Recent actions reflect these strategies: the City and County of Honolulu recently released a self-certification form

(checklist) for potential PV installers to determine which type of zoning permit is, or is not, required based on 

project siting parameters (2012/INT-1 (RM)). Also, the 2012 Hawai‘i Legislature and Governor passed Act 97, 

which removed the Geothermal Subzone Designation process and makes geothermal development an allowed use in 

State Agricultural Districts.
12

Appendix A. Industry Questionnaire 

DBEDT & NREL 

Online Permitting Wizard

Questionnaire for Industry Professionals

August 29 & 31, 2011 

Aloha! Thank you for taking the time to complete this questionnaire. Your input will 

help clarify concerns and issues about the environmental permit process for renewable 

energy projects in Hawaii. Your comments will assist DBEDT in identifying areas where 

efficiencies may be possible while still meeting environmental requirements. 

A summary of results will be presented to the Administrator of the Energy Office, 

Director of DBEDT, Office of the Governor, the US DOE, and regulatory agencies. 

However, individual names and companies, optional information requested at the end of 

this questionnaire, will not be included. 

Please complete and return this questionnaire to Cameron Black by September 15, 

2011. Submissions may be made at the email address noted below or USPS mail to:

Attn: Cameron Black, Permitting Specialist

Hawaii State Energy Office

Dept. of Business, Economic Development & Tourism

235 S. Beretania St. 5th Floor 

Honolulu, Hawaii 96813

Direct comments may be provided to Cameron at (808) 587-9009 

or cameron.b.black@dbedt.hawaii.gov.

More information on the Hawaii Clean Energy Initiative may be found 

at www.hawaiicleanenergyinitiative.org/permitting
13

DIRECTIONS

Please answer the following questions to the best of your knowledge. 

1. Please estimate the number of permits you have attempted to obtain for the 

following renewable energy types in Hawaii:

Technology Number

Wind

Commercial 

Photovoltaic/Solar

Bioenergy and Biofuels

Waste-to-Energy and 

Biomass Conversion 

Wave, Hydrokinetic, and 

Seawater Air 

Conditioning

Ocean Thermal Energy 

Conversion

Hydroelectric 

Geothermal

2. Please provide examples of situations where you thought the project 

was delayed because of the permit process. Please list any permits and the 

duration of the delay period.
14

3. Please list the permits you feel have chronically caused delays in the permit 

process.

4. Please provide examples of situations where you thought the project ended

because of the permit process. 

5. Are you aware of the Renewable Energy Facility Siting Process (HRS 201N)? If 

the renewable energy project qualifies, the REFSP provides renewable energy 

developers with a voluntary, streamlined permit process for a fee. 

a. Do you have experience with the 201N process?

b. If you’ve known about it but choose not to participate, what were the 

reasons?

6. Do most renewable energy developers have a basic understanding of current 

environmental laws, the environmental permit process, and environmental 

terminology? If not, do you have any suggestions on how the state could help 

improve this? 
15

7. Have you viewed the Hawaii Clean Energy Initiative (HCEI) web site? 

a. If yes, did you use the project permitting link? 

b. If so, what was useful about it and what wasn't?

c. If you did not use the link, can you explain why and if there is something 

we can do to make it a more useful and accessible resource? 

8. Have you used any of the County websites to assist with the permit process (e.g. 

City and County of Honolulu on-line permit system)? 

a. Did the website help you get the permit faster? 

b. Can you provide any suggestions on how these websites can be made 

more useful?

9. Can you explain the role that permitting plays in financing your projects?

10.On average, what percent of the total construction budget is permit fees and 

costs? 

a. Can you suggest ways these costs can be reduced?
16

11.Would you pay a fee to expedite the processing of permits? If so, how much 

would you be willing to pay? And, how much more expedited would it need to be 

to make it worth your while to pay? 

12.What do you think are the biggest barriers to obtaining permits (e.g. application 

requirements unclear)?

13. From your experience, which renewable energy technologies have been 

particularly difficult to get through the permit process? Why?

14.From your experience, which methods have been the most helpful when 

navigating the permit process? Why? (please note that only a few are listed 

below, so feel free to list and discuss others)

• Coordinating with agency reviewer

• Reading environmental rules and regulations

• Visiting regulatory agency websites

• Engaging consultant

• Working with industry association

15.If you've had problems obtaining permits, did you find it useful to elevate your 

concerns to an agency supervisor? 
17

16.Can you navigate the environmental permit process on your own? Do you feel 

you must obtain professional assistance to help with environmental permits? 

17.How should environmental permit agencies balance the clean energy benefits of 

a project against adverse environmental impact? Please suggest how the permit 

process could/should be changed to strike a balance between needed energy 

projects and environmental protection.

18.What ways would you suggest to improve the public notice and participation 

process?

19.Please list major factors other than permits that delay renewable energy projects 

in Hawaii.

20.Please list features of the permit process that you have found to be helpful.

21.If you're worked on RE projects in other states, please share information on what 

worked well in the permit process in the other state(s)?
18

22.Based on the demonstration, would the Permit Wizard or something similar be 

useful to you? 

a. What appeals to you about it? 

b. What might prevent you from using it?

c. How can it be improved?

d. Please report bugs to Cameron Black at the contact information provided 

on page one of this questionnaire. 

23.What suggestions do you have for DBEDT to publicize the Wizard to those that 

may benefit from the tool?

24.The State of Hawaii supports RE development and strives to maintain a balance 

of increasing RE projects while protecting the environmental, cultural/historical, 

and land use quality in Hawaii. Please make suggestions on how the permit 

process can be improved to facilitate growth in RE in the state.
19

25.May we contact you for further information? If yes, please provide your contact 

information below. Please note that your information will only be shared with 

NREL, DBEDT, and the consultant. 

Name:

Name of Company:

Address:

Email address:

Phone Number:

Date:
20

Appendix B. County Questionnaire 

DBEDT & NREL 

Online Permitting Wizard

County Questionnaire 

Aloha! Thank you for taking the time to complete the following Questionnaire. Your 

early input is essential to help clarify the permit processes for renewable energy 

projects in Hawaii. Your comments will assist DBEDT in providing current, accurate 

information to those with an interest in properly obtaining permits from your department. 

All comments will be for DBEDT internal use only. More information on the Hawaii 

Clean Energy Initiative may be found at www.hawaiicleanenergyinitiative.org/permitting

Please complete and return this Questionnaire to Cameron Black by August 1, 2011. 

Submissions may be made at the email address noted below or USPS mail to:

Attn: Cameron Black, Permitting Specialist

Hawaii State Energy Office

Dept. of Business, Economic Development & Tourism

235 S. Beretania St. 5th Floor 

Honolulu, Hawaii 96813

Direct comments may be provided to Cameron at (808) 587-9009 

or cameron.b.black@dbedt.hawaii.gov.

Name of Agency 

Name:

Address:

Email address:

Date:
21

DIRECTIONS

Please answer the following questions to the best of your knowledge. 

1. The attached table of permits (last page) is intended to represent the potentially 

relevant permits to develop a renewable energy project in your county. In the 

empty columns, please confirm:

• Current List in Permit Tool

• Permit Durations (average approval timelines)

• Prerequisite Permits/Approvals Required. 

2. Please estimate the number of permits issued by your department for the 

following renewable energy types:

Technology Number

Wind

Commercial 

Photovoltaic/Solar

Bioenergy and Biofuels

Waste-to-Energy and 

Biomass Conversion 

Wave, Hydrokinetic, and 

Seawater Air 

Conditioning

Ocean Thermal Energy 

Conversion

Hydroelectric 

Geothermal

3. Please list any ordinances or regulations specific to renewable energy permitting 

in your county.
22

4. Under the Renewable Energy Facility Siting Process (HRS 201N), DBEDT can 

collect fees from applicants/developers and distribute them to state and county 

agencies for their work to process the required permits within 12 months. 

Agencies must provide a cost estimate to the applicant prior to any applications.

a. Will this process benefit your department?

b. How would you use these fees?

c. Do you have concerns about this process?

5. From your experience, which renewable energy technologies have been 

particularly difficult to get through the permit process? Why?

6. From your experience, which permit process has been the easiest to navigate? 

Why?

7. What are the main things applicants do to slow the permitting process?
23

8. What can applicants do to help themselves get permits faster?

9. What two ways would you suggest to improve the public notice and participation 

process?

10.We are preparing a questionnaire for members of the renewable energy industry. 

Would you like to see a draft of this Questionnaire before distribution? If so, 

contact information must be provided on Page 1.

11.Will you use the Wizard when it becomes public? 

a. What appeals to you about it? 

b. What might prevent you from using it?

c. Please list any bugs you found in the system.

d. How can we improve the Wizard?

12.General comments: