reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-23 Duties of director.

§264-23 Duties of director.
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]
Cross References
Functions, generally, see §26-19.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-24 Powers of director.

§264-24 Powers of director.
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]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-25 Signs and markings on federal-aid highways.

§264-25 Signs and markings on federal-aid highways.
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]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-26 Combination of federal and state funds.

§264-26 Combination of federal and state funds.
(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]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-28 Federal-aid projects; mandatory on council.

§264-28 Federal-aid projects; mandatory on council.
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]
Revision Note
References to "council" substituted for "board of supervisors" to conform to county charters.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-29 Council's authority.

§264-29 Council's authority.
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]
Revision Note
References to "council" substituted for "board of supervisors" to conform to county charters.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-30 Transfers of county funds.

§264-30 Transfers of county funds.
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]
Revision Note
References to "council" substituted for "board of supervisors" to conform to county charters.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-31 Maintenance of federal-aid highways.

§264-31 Maintenance of federal-aid highways.
(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]
Revision Note
References to "council" substituted for "board of supervisors" to conform to county charters.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-32 Utility facility defined.

§264-32 Utility facility defined.
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]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-33 Relocation of utility facilities.

§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]
Attorney General Opinions
Section applies to temporary relocations. Att. Gen. Op. 62-8.
Section does not apply to city and county street. Att. Gen. Op. 63-46.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 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] Cross References Overhead or underground construction of high-voltage electric transmission lines, see §269-27.6.

§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]
Cross References
Overhead or underground construction of high-voltage electric transmission lines, see §269-27.6.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-34 Portions of projects deemed one.

§264-34 Portions of projects deemed one.
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]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-35 Assistance for displaced families and business.

§264-35 Assistance for displaced families and business.
(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]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-36 Conformance with county general or master plans.

§264-36 Conformance with county general or master plans.
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]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-41 Establishment.

§264-41 Establishment.
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]
Case Notes
A public highway is not a state highway unless it is designated for inclusion in the state highway system. 2 H. App. 387, 633 P.2d 1118 (1981).
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-42 Authority to include other public highways in the state highway system.

§264-42 Authority to include other public highways in the state highway system.
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]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-43 Responsibility.

§264-43 Responsibility.
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]
Case Notes
State has a duty to keep shoulders of road in reasonably safe condition. 60 H. 381, 590 P.2d 564 (1979).
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-44 Maintenance of state highway system.

§264-44 Maintenance of state highway system.
(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]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-45 Highway lighting.

§264-45 Highway lighting.
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]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-61 Definition of a controlled-access facility.

§264-61 Definition of a controlled-access facility.
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]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-62 Authority to establish controlled-access facilities.

§264-62 Authority to establish controlled-access facilities.
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]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-63 Acquisition of property.

§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]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-64 Design of controlled-access facility and regulation, restriction, or prohibition of access; penalty.

§264-64 Design of controlled-access facility and regulation, restriction, or prohibition of access; penalty.
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]
Cross References
Classification of offense and authorized punishment, see § §701-107, 706-640, and 706-663.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-65 New and existing facilities; grade-crossing eliminations.

§264-65 New and existing facilities; grade-crossing eliminations.
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]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-66 Authority to enter into agreements.

§264-66 Authority to enter into agreements.
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]
Revision Note
"Council" substituted for "board of supervisors or councilmen" to conform to county charters.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-67 Local service roads.

§264-67 Local service roads.
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]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-71 Definitions.

Cross References
Regulation by counties, see § §445-111 to 445-121.
Law Journals and Reviews
Metromedia, Inc. v. City of San Diego: The Conflict Between Aesthetic Zoning and Commercial Speech Protection; Hawaii's Billboard Law Under Fire. 5 UH L. Rev. 79 (1983).
§264-71 Definitions.
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]
Revision Note
Numeric designations deleted.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-72 Control of outdoor advertising.

§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]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-73 Regulations.

§264-73 Regulations.
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]
Cross References
Rulemaking, see chapter 91.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-74 Removal of nonconforming outdoor advertising.

§264-74 Removal of nonconforming outdoor advertising.
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]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-75 Compensation for removal of outdoor advertising.

§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]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-79 Agreements with the United States authorized.

§264-79 Agreements with the United States authorized.
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]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-82 Purposes.

§264-82 Purposes.
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]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-83 Definitions.

§264-83 Definitions.
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]
Revision Note
Numeric designations deleted.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-84 Control of junkyards.

§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]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-85 Junkyards lawfully in existence.

§264-85 Junkyards lawfully in existence.
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]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-86 Requirement as to screening.

§264-86 Requirement as to screening.
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]
Cross References
Rulemaking, see chapter 91.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-87 Authority to acquire interest in land for removal and screening of existing junkyards.

§264-87 Authority to acquire interest in land for removal and screening of existing junkyards.
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]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-88 Injunction.

§264-88 Injunction.
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]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-90 Agreements with the United States authorized.

§264-90 Agreements with the United States authorized.
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]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-101 Vending from highways prohibited.

§264-101 Vending from highways prohibited.
(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]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-102 Penalty.

§264-102 Penalty.
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]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-121 Definitions.

§264-121 Definitions.
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]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-122 Highway development special fund.

§264-122 Highway development special fund.
(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]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-123 Authority to assess impact fees; needs assessment study.

§264-123 Authority to assess impact fees; needs assessment study.
(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]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-125 Refund of impact fees to county.

§264-125 Refund of impact fees to county.
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]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-127 Limitations on actions.

§264-127 Limitations on actions.
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]