reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 262. Airport Zoning Act › 262-8 Appeals.

§262-8 Appeals.
Any person aggrieved by any order, requirement, determination, or decision of the director of transportation made in the adoption, amendment, repeal, or administration of airport zoning regulations may appeal the person's grievance to the appropriate circuit court in accordance with chapter 91. [L 1965, c 140, pt of §1; Supp, §17A-8; HRS §262-8; gen ch 1985]
Rules of Court
Appeal to circuit court, see HRCP rule 72.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 262. Airport Zoning Act › 262-9 Application.

§262-9 Application.
If the airport zoning regulations adopted under this chapter, although generally reasonable, are finally held to interfere with the use or enjoyment of a particular structure or parcel of land to such an extent as to be in violation of the State Constitution or the Constitution of the United States, the holding shall not affect the application of the regulations to other structures and parcels of land. [L 1965, c 140, pt of §1; Supp, §17A-9; HRS §262-9]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 262. Airport Zoning Act › 262-10 Enforcement and remedies.

§262-10 Enforcement and remedies.
Any person who wilfully violates section 262-7(a) or any regulations, orders, or rulings promulgated or made pursuant to this chapter, shall for each violation, be fined not more than $1,000 or imprisoned not more than ninety days, or both. In addition the director of transportation may institute, in any court of competent jurisdiction, an action in the name of the State to prevent, restrain, correct, or abate any violation of this chapter, or of airport zoning regulations adopted under this chapter, or of any order or ruling made in connection with their administration or enforcement, and the court shall adjudge to the State such relief, by way of injunction (which may be mandatory) or otherwise, as may be proper under all the facts and circumstances of the case, to effectuate the purposes of this chapter and of the regulations adopted and orders and ruling made pursuant thereto. [L 1965, c 140, pt of §1; Supp, §17A-10; HRS §262-10]
Cross References
Classification of offense and authorized punishment, see § §701-107, 706-640, and 706-663.
Injunction of violation of laws, see §603-23.
Rules of Court
Injunction, see HRCP rule 65.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 262. Airport Zoning Act › 262-11 Acquisition of air rights.

§262-11 Acquisition of air rights.
When:
(1) It is desired to remove, lower, or otherwise terminate a nonconforming structure or use;
(2) The approach protection necessary, because of constitutional limitations, cannot be provided by airport zoning regulations under this chapter; or
(3) It appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations,
the director of transportation on behalf of the State may acquire by purchase, grant, or condemnation in the manner provided by chapter 101 the air right, aviation easement, or other estate or interest in the property or nonconforming structure or use in question as may be necessary or proper to effectuate the purposes of this chapter, including acquisition of a fee simple estate. [L 1965, c 140, pt of §1; Supp, §17A-11; HRS §262-11; am L 2020, c 70, §13]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 263. Uniform Aeronautics Act (Modified) › 263-1 Definition of terms.

§263-1 Definition of terms.
In this chapter, "aircraft" includes balloon, airplane, hydroplane, and every other vehicle used for navigation through the air. A hydroplane, while at rest on water and while being operated on or immediately above water, shall be governed by the rules regarding water navigation; while being operated through the air otherwise than immediately above water, it shall be treated as an aircraft.
"Aeronaut" includes aviator, pilot, balloonist, and every other person having any part in the operation of aircraft while in flight.
"Commercial use" includes the carriage in air commerce of persons or property for compensation or hire, and the lease or rental of any aircraft.
"Passenger" includes any person riding in an aircraft but having no part in its operation. [L 1923, c 109, §1; RL 1925, §3891; RL 1935, §6975; RL 1945, §4921; RL 1955, §16-1; HRS §263-1; am L 1987, c 326, §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 263. Uniform Aeronautics Act (Modified) › 263-2 Sovereignty in space.

§263-2 Sovereignty in space.
Sovereignty in the space above the lands and waters of the State is declared to rest in the State, except where granted to and assumed by the United States. [L 1923, c 109, §2; RL 1925, §3892; RL 1935, §6976; RL 1945, §4922; RL 1955, §16-2; HRS §263-2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 263. Uniform Aeronautics Act (Modified) › 263-3 Ownership of space.

§263-3 Ownership of space.
The ownership of the space above the lands and waters of the State is declared to be vested in the several owners of the surface beneath, subject to the right of flight described in section 263-4. [L 1923, c 109, §3; RL 1925, §3893; RL 1935, §6977; RL 1945, §4923; RL 1955, §16-3; HRS §263-3]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 263. Uniform Aeronautics Act (Modified) › 263-4 Lawfulness of flight.

§263-4 Lawfulness of flight.
Flight in aircraft over the lands and waters of the State is lawful, unless at such a low altitude as to interfere with the then existing use to which the land or water, or the space over the land or water, is put by the owner; or unless so conducted as to be imminently dangerous to persons or property lawfully on the land or water beneath. The landing of an aircraft on the lands or waters of another, without that person's consent, is unlawful, except in the case of a forced landing. For damages caused by a forced landing, however, the owner or lessee of the aircraft or the aeronaut shall be liable, as provided in section 263-5. [L 1923, c 109, §4; RL 1925, §3894; am L 1927, c 238, §1; am L Sp 1932 2d, c 17, §1; RL 1935, §6978; RL 1945, §4924; am imp L 1947, c 32, §2; RL 1955, §16-4; HRS §263-4; gen ch 1993]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 263. Uniform Aeronautics Act (Modified) › 263-5 Damage on land.

§263-5 Damage on land.
The owner of every aircraft which is operated over the lands or waters of the State is presumed liable, except the owner of every aircraft operated for commercial use is absolutely liable, for injuries to persons or property on the land or water beneath caused by the ascent, descent, or flight of the aircraft, or the dropping or falling of any object therefrom, whether the owner was negligent or not, unless the injury is caused in whole or in part by the negligence of the person injured, or of the owner or bailee of the property injured. If the aircraft is leased at the time of the injury to person or property, both owner and lessee shall be liable, and they may be sued jointly, or either or both of them may be sued separately. An aeronaut who is not the owner or lessee shall be liable only for the consequences of the aeronaut's own negligence. The injured person, or owner or bailee of injured property, shall have a lien on the aircraft causing the injury to the extent of the damage caused by the aircraft or objects falling from it. [L 1923, c 109, §5; RL 1925, §3895; RL 1935, §6979; RL 1945, §4925; RL 1955, §16-5; HRS §263-5; gen ch 1985; am L 1987, c 326, §1]
Case Notes
Where there is a clear case of negligence and an absence of contributory negligence, it is not necessary to invoke the statute. 139 F. Supp. 942 (1956).
This statute did not provide plaintiff, the workers' compensation carrier for the employer of a pilot killed in an airplane crash, with a cause of action against the airplane owner. 283 F. Supp. 2d 1144 (2003).
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 263. Uniform Aeronautics Act (Modified) › 263-6 Collision of aircraft.

§263-6 Collision of aircraft.
The liability of the owner of one aircraft to the owner of another aircraft, or to aeronauts or passengers on either aircraft, for damage caused by collision on land or in the air, shall be determined by the rules of law applicable to torts on land. [L 1923, c 109, §6; RL 1925, §3896; RL 1935, §6980; RL 1945, §4926; RL 1955, §16-6; HRS §263-6]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 263. Uniform Aeronautics Act (Modified) › 263-7 Jurisdiction over crimes and torts.

§263-7 Jurisdiction over crimes and torts.
All crimes, torts, and other wrongs committed by or against an aeronaut or passenger while in flight over the State shall be governed by the laws of the State. The question whether damage occasioned by or to an aircraft while in flight over the State constitutes a tort, crime, or other wrong by or against the owner of the aircraft, shall be determined by the laws of the State. [L 1923, c 109, §7; RL 1925, §3897; RL 1935, §6981; RL 1945, §4927; RL 1955, §16-7; HRS §263-7]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 263. Uniform Aeronautics Act (Modified) › 263-8 Jurisdiction over contracts.

§263-8 Jurisdiction over contracts.
All contractual and other legal relations entered into by aeronauts or passengers while in flight over the State shall have the same effect as if entered into on the land or water beneath. [L 1923, c 109, §8; RL 1925, §3898; RL 1935, §6982; RL 1945, §4928; RL 1955, §16-8; HRS §263-8]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 263. Uniform Aeronautics Act (Modified) › 263-9 Dangerous flying a misdemeanor; penalty.

§263-9 Dangerous flying a misdemeanor; penalty.
Any aeronaut or passenger who, while in flight over a thickly inhabited area or over a public gathering within the State, engages in trick or acrobatic flying, or in any acrobatic feat, or flies, except while in landing or taking off, at such a low level as to endanger the persons on the surface beneath, or drops any object except loose water or loose sand ballast, or paper handbills, shall be guilty of a misdemeanor and punishable by a fine of not more than $1,000, or imprisonment for not more than one year, or both. [L 1923, c 109, §9; RL 1925, §3899; RL 1935, §6983; RL 1945, §4929; RL 1955, §16-9; HRS §263-9]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 263. Uniform Aeronautics Act (Modified) › 263-10 Hunting from aircraft; penalty.

§263-10 Hunting from aircraft; penalty.
(a) Any aeronaut or passenger who, while in flight in, across, or above the State, intentionally kills or attempts to kill any birds or animals shall be guilty of a misdemeanor and punished by a fine of not more than $1,000, or by imprisonment for not more than one year, or both.
(b) Notwithstanding any other law to the contrary, state employees and independent contractors retained by the State may, while in flight in, across, or above the State, intentionally kill or attempt to kill any wildlife in furtherance of official state duties. [L 1923, c 109, §13; RL 1925, §3903; RL 1935, §6986; RL 1945, §4933; RL 1955, §16-10; HRS §263-10; am L 2016, c 111, §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 263. Uniform Aeronautics Act (Modified) › 263-11 Reckless operation of aircraft a misdemeanor.

§263-11 Reckless operation of aircraft a misdemeanor.
It shall be unlawful for any person to operate an aircraft in the air, or on the ground or water, while under the influence of intoxicating liquor, narcotics, or other habit-forming drug, or to operate an aircraft in the air or on the ground or water, in a careless or reckless manner so as to endanger the life or property of another. For the purposes of this section a hydroplane shall be deemed an aircraft. In any proceeding charging careless or reckless operation of an aircraft in violation of this section, the court in determining whether the operation was careless or reckless shall consider the standards for safe operation of aircraft prescribed by federal statutes or regulations governing aeronautics, or by state regulations governing aeronautics. Any person violating this section shall be guilty of a misdemeanor, and punishable by a fine of not more than $1,000, or imprisonment for not more than one year, or both.
For any violation of this section or section 263-9, in addition to, or in lieu of, the penalties hereinabove provided or provided by section 263-9, or as a condition to the suspension of a sentence which may be imposed pursuant thereto, the court in its discretion may prohibit the violator from operating an aircraft within the State for such period as it may determine but not to exceed one year. Violation of the duly imposed prohibition of the court may be treated as a separate offense under the sections or as a contempt of court. [L 1947, c 32, §3; RL 1955, §16-11; HRS §263-11]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 263A. Alcohol and Aviation Safety › 263A-1 Implied consent of operator of aircraft to submit to testing to determine alcoholic content of blood.

§263A-1 Implied consent of operator of aircraft to submit to testing to determine alcoholic content of blood.
(a) Any person who operates an aircraft within the State shall be deemed to have given consent to a test approved by the director of health of the person's breath or blood for the purpose of determining the alcoholic content of the person's blood. The person shall have the option to take a test of the person's breath or blood, or both.
(b) The test or tests shall be administered at the request of a law enforcement officer having probable cause to believe the person operating or in actual physical control of an aircraft is under the influence of intoxicating liquor only after:
(1) A lawful arrest; and
(2) The officer has informed the person of the sanctions of section 263A-5. [L 1991, c 274, pt of §1; am L 2020, c 70, §14]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 263A. Alcohol and Aviation Safety › 263A-2 Persons qualified to take blood specimen.

§263A-2 Persons qualified to take blood specimen.
No person, other than a physician, registered nurse, or person licensed in a clinical laboratory occupation under section 321-13, may withdraw blood for the purpose of determining the alcoholic content therein. This limitation shall not apply to the taking of a breath specimen. [L 1991, c 274, pt of §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 263A. Alcohol and Aviation Safety › 263A-3 Additional tests.

§263A-3 Additional tests.
The person tested may select and allow any physician, registered nurse, or person licensed in a clinical laboratory occupation under section 321-13 to withdraw blood or have any person administer a test or tests in addition to any administered at the direction of a law enforcement officer. The results of the additional test or tests may be used as provided in section 263A-5. The failure or inability to obtain an additional test by a person shall not preclude the admission of a test or tests taken at the direction of a law enforcement officer. Upon the request of the person who is tested, full information concerning the test or tests taken at the direction of the law enforcement officer shall be made available to the person. [L 1991, c 274, pt of §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 263A. Alcohol and Aviation Safety › 263A-4 Consent of person incapable of refusal not withdrawn.

§263A-4 Consent of person incapable of refusal not withdrawn.
The consent of a person deemed to have given consent pursuant to section 263A-1 shall not be withdrawn by reason of the person's being dead, unconscious, or in any other state which renders the person incapable of consenting to examination, and the test may be given. In such event, a test of the person's blood shall be administered. [L 1991, c 274, pt of §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 263A. Alcohol and Aviation Safety › 263A-5 Revocation of privilege to operate an aircraft upon refusal to submit to testing.

§263A-5 Revocation of privilege to operate an aircraft upon refusal to submit to testing.
(a) If a person under arrest refuses to submit to a breath or blood test, none shall be given except as provided in section 263A-9, but the law enforcement officer, as soon as practicable, shall submit an affidavit to a district judge of the circuit in which the arrest was made, stating:
(1) That at the time of the arrest, the law enforcement officer had probable cause to believe the arrested person had either been flying or was in actual physical control of an aircraft while under the influence of intoxicating liquor;
(2) That the arrested person had been informed of the sanctions of this section; and
(3) That the person had refused to submit to a breath or blood test.
(b) Upon receipt of the affidavit, the district judge shall hold a hearing as provided in section 263A-6, and shall determine whether the statements contained in the affidavit are true. If the district judge finds the statements contained in the affidavit are true, the judge shall prohibit the person from operating an aircraft from a state or private airport for a period of one year.
(c) Whenever a court penalizes a person under this section, it shall also require that the person be referred to a substance abuse counselor who has been certified pursuant to section 321-193 for an assessment of the person's alcohol dependence and the need for treatment. The counselor shall submit a report with recommendations to the court. The court may require the person to obtain appropriate treatment. All costs for such assessment or treatment or both shall be borne by the penalized person.
(d) The penalties provided by this section are additional penalties and not substitutes for other penalties provided by law. [L 1991, c 274, pt of §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 263A. Alcohol and Aviation Safety › 263A-6 Hearing before a district judge.

§263A-6 Hearing before a district judge.
A hearing to determine the truth of an affidavit submitted to a district judge shall be held within twenty days after the district judge has received the affidavit.
The district judge shall hear and determine:
(1) Whether the law enforcement officer had probable cause to believe that the person had either been flying or was in actual physical control of an aircraft while under the influence of intoxicating liquor;
(2) Whether the person was lawfully arrested;
(3) Whether the law enforcement officer had informed the person of the sanctions of section 263A-5; and
(4) Whether the person refused to submit to a test of the person's breath or blood. [L 1991, c 274, pt of §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 263A. Alcohol and Aviation Safety › 263A-7 Notice to Federal Aviation Administration.

§263A-7 Notice to Federal Aviation Administration.
When it is determined under this chapter that a nonresident's privilege to operate an aircraft from a state or private airport shall be prohibited, the director of transportation shall so inform the administrator of the Federal Aviation Administration in writing. [L 1991, c 274, pt of §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 263A. Alcohol and Aviation Safety › 263A-8 Test results to be collected.

§263A-8 Test results to be collected.
The results of any test for alcohol content made upon the operator of an aircraft involved in an accident shall be sent to the state director of transportation who shall compile the data without revealing the identity of any individual tested. This data shall be available only to the State and the administrator of the Federal Aviation Administration, but may be made available to other government agencies as the director of transportation deems necessary and advisable. [L 1991, c 274, pt of §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 263A. Alcohol and Aviation Safety › 263A-9 Applicable scope of chapter.

§263A-9 Applicable scope of chapter.
Nothing in this chapter shall be construed to prevent a law enforcement officer from obtaining a sample of breath or blood as evidence of intoxication from the operator of any aircraft involved in an accident resulting in injury to or death of any person. [L 1991, c 274, pt of §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 263A. Alcohol and Aviation Safety › 263A-10 Evidence of intoxication.

§263A-10 Evidence of intoxication.
(a) In any criminal prosecution for a violation of section 263-11, four-hundredths per cent or more by weight of alcohol in the defendant's blood within four hours after the time of the alleged violation as shown by chemical analysis of the defendant's blood or breath or other approved analytical technique shall be competent evidence that the defendant was under the influence of intoxicating liquor at the time of the alleged violation.
(b) In any criminal prosecution for a violation of section 263-11, the amount of alcohol found in the defendant's blood within four hours after the time of the alleged violation as shown by chemical analysis of the defendant's blood or breath or other approved analytical technique shall be competent evidence of whether or not the defendant was under the influence of intoxicating liquor at the time of the alleged violation, and shall give rise to the following presumptions:
(1) If there were two-hundredths per cent or less by weight of alcohol in the defendant's blood, it shall be presumed that the defendant was not under the influence of intoxicating liquor at the time of the alleged violation.
(2) If there were in excess of two-hundredths per cent but less than four-hundredths per cent by weight of alcohol in the defendant's blood, that fact may be considered with other competent evidence in determining whether or not the defendant was at the time of the alleged violation under the influence of intoxicating liquor, but shall not of itself give rise to any presumption.
(c) Subsection (b) shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether or not the defendant was under the influence of intoxicating liquor at the time of the alleged violation. [L 1991, c 274, pt of §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-2 Owned by government.

§264-2 Owned by government.
The ownership of all public highways and the land, real estate and property of the same shall be in the government in fee simple. The term "government" as used herein means the State with reference to state highways and means the respective counties with reference to county highways. If any county highway is required by the State for state highway purposes, the ownership of the county highway shall be transferred to and vested in the State without compensation.
The governor may, at any time by executive order, turn over to any county, state land, in fee simple, for use as a county highway, and the county involved shall thereafter be responsible for its repair and maintenance as a county highway.
The ownership of all county highways is transferred to and vested in the respective counties in which the county highways lie. [L 1892, c 47, §5; RL 1925, §1893; RL 1935, §2341; RL 1945, §6112; RL 1955, §142-2; am L 1963, c 190, § §2, 4; am L 1965, c 221, §1; am L 1966, c 12, §2; HRS §264-2]
Attorney General Opinions
Counties are owners of county highways within their boundaries; title to highways on Hawaiian Home Lands not transferred to counties. Att. Gen. Op. 86-15.
Case Notes
Condemnation of territorial public highway by United States, damages. 188 F.2d 459 (1951).
Beneficial use is in public, use for private gain is special and extraordinary and subject to regulation. 34 H. 52 (1936).
Cited: 19 H. 468, 469 (1909).
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-2.1 County highways; ownership.

§264-2.1 County highways; ownership.
(a) As used in this section:
"Disputed road" means any highway, road, alley, street, way, lane, bikeway, bridge, or trail that is open to the public and is located in any county with a population of five hundred thousand or more, for which there is a dispute over ownership and jurisdiction, as determined by the department of transportation, between the State or any of its political subdivisions and a county or a private party, or between a county and a private party.
(b) If no party has exercised ownership over the disputed road in the five years prior to July 1, 2017, the disputed road shall be deemed to have been surrendered to the county in which the road is situated, pursuant to an administrative order issued by the state director of transportation. The county shall accept without exercise of discretion all surrendered roads and shall record its ownership immediately with the bureau of conveyances.
For purposes of this subsection, driving on a disputed road shall not, on its own, constitute an act of ownership. [L 2017, c 208, §2]
Revision Note
In subsection (b), "July 1, 2017" substituted for "the effective date of this section" pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-3 Disposal of abandoned public highway.

§264-3 Disposal of abandoned public highway.
Whenever a public highway, or any portion thereof is at any time vacated, closed, abandoned, or discontinued, the public highway shall be used or disposed of for the use of the State in the case of a state highway as provided by law and for the use of the county in which the highway lies in the case of a county highway; provided that:
(1) In the case of a county highway, before it is disposed of in any way, it shall be first offered to the abutters for a reasonable length of time and at a reasonable price, and if they do not take the county highway, then it may be sold at public auction; and
(2) If any county highway, the right-of-way for which has been acquired in whole or in part by expenditure of federal funds, is abandoned and disposed of, the necessary portion of the proceeds from the sale thereof shall be remitted to the State for reimbursement or credit to the Federal Highway Administration, if reimbursement or credit is so required. [L 1963, c 190, §3; am L 1965, c 221, §2; Supp, §142-2.5; HRS §264-3; am L 1993, c 288, §2]
Case Notes
Implied dedication by designation of roadways on subdivision maps. 1 H. App. 52, 613 P.2d 662 (1980).
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-4 Restoration of boundary markers.

§264-4 Restoration of boundary markers.
In all cases in which a boundary marker along the right-of-way of a public highway has been disturbed or removed by a public agency of the State or a county in connection with the widening, construction, or maintenance of the highway, the public agency which caused the disturbance or removal shall, if requested by an owner of land a boundary marker of which has been so affected, restore the boundary marker or set a new one at the point of intersection of the affected boundary of the owner's land with the boundary of the right-of-way; provided that no boundary marker shall be restored or set unless its proper location has been established by law or by agreement of all persons having an interest in the location thereof; and provided further that this section shall not apply to markers disturbed or removed prior to January 1, 1950. [L 1953, c 62, §1; RL 1955, §111-40; HRS §264-4]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-5 In lieu of other compensation.

§264-5 In lieu of other compensation.
Any such restoration or setting of new boundary markers shall be in lieu of all other compensation for the disturbance or removal. [L 1953, c 62, §2; RL 1955, §111-41; HRS §264-5]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-6 State highway not to be disturbed without permit.

§264-6 State highway not to be disturbed without permit.
No person or government agency, whether federal, state, or county, shall, in any manner or for any purpose do any of the following acts without a written permit from the director of transportation or the director's authorized representative:
(1) Break up, dig up, disturb, undermine or dig under, or cause to be broken up, dug up, disturbed, undermined, or dug under, the right-of-way of any state highway; or
(2) Place, erect, leave, or store any structure, motor or other vehicle, equipment, or any other object wholly or partially within the right-of-way of any state highway; provided that this paragraph shall not apply to the holding or displaying of movable signs, for the purpose of carrying on political campaign activities. [L 1967, c 163, pt of §2; HRS §264-6; am L 1980, c 146, §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-7 Permits, fees, etc.

§264-7 Permits, fees, etc.
(a) Any person or government agency desiring the permit required by section 264-6 shall apply for a permit on a form prescribed by the director of transportation. Any permit issued shall be conditioned upon the adherence of the applicant to the requirements of sections 264-8 and 264-9; provided that on awarding any contract for the construction, reconstruction, maintenance or repair of any state highway or federal-aid highway project, the director of transportation or the director's authorized representative shall ascertain whether the work to be done by the terms of that contract will require the contractor, the contractor's employees, or the contractor's agents to engage in any of the activities enumerated in section 264-6(1) and (2) and, if one or more such activities is likely to be required, shall issue the permit required by section 264-6, waiving the fee requirements imposed by subsection (b) of this section.
(b) The director, subject to chapter 91, shall establish a fee schedule for the issuance of the permit. The fee schedule established shall be calculated to provide revenues sufficient to defray any expenses the department of transportation may incur in connection with the permit under sections 264-6 to 264-12. An applicant for a permit shall pay the applicable fee, provided that the director may waive the fee payable when the director determines that the work to be done will either improve the highway or otherwise be of benefit to the State; and provided further that no fee shall be required where the only work to be done is the setting of poles and guys to carry overhead wires. [L 1967, c 163, pt of §2; HRS §264-7; am L 1971, c 15, §1; am L 1980, c 146, §2; gen ch 1985]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-8 Specifications, standards, procedures.

§264-8 Specifications, standards, procedures.
Specifications, standards and procedures to be followed in the installation and construction of connections for streets, roads and driveways, concrete curbs and sidewalks, structures, drainage systems, landscaping or grading within the highway rights-of-way, excavation and backfilling of trenches or other openings in state highways, and in the restoration, replacement, or repair of the base course, pavement surfaces, highway structures, and other highway improvements shall be prescribed by the director of transportation. At the request of an applicant for a permit, a copy of such specifications, standards and procedures, shall be furnished. In prescribing the specifications, standards and procedures, the director need not comply with the provisions of law relating to the adoption of rules and regulations. [L 1967, c 163, pt of §2; HRS §264-8; am L 1971, c 15, §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-9 Backfilling, repaving, repairing, expense of permit holder.

§264-9 Backfilling, repaving, repairing, expense of permit holder.
(a) All excess materials remaining at the site of the work done under any permit shall be removed at the expense of the permit holder. The excess material shall not be deposited or placed within any highway right-of-way except with the approval of the director of transportation or the director's authorized representative.
(b) The permit holder, at the permit holder's own expense and upon completion of the work for which the permit was issued, shall backfill all trenches or other openings and make all necessary repairs to or replacement of any concrete gutter, curb, sidewalk, or any other structure in public use and restore or replace any plants, landscaping, signs, markers, or other facilities or improvements that were cut or damaged by the permit holder to a condition similar to that which existed before work was begun under the permit.
(c) Except as otherwise provided in section 264-33, the permit holder shall be responsible for all costs in the installation, construction, repair, removal, restoration, reconstruction or replacement of any improvement within the right-of-way of any state highway. [L 1967, c 163, pt of §2; HRS §264-9; am L 1971, c 15, §3; gen ch 1985]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-10 Deposit of fees, etc.; inspectors.

§264-10 Deposit of fees, etc.; inspectors.
Fees collected pursuant to section 264-7 shall be deposited in the state highway fund.
The department of transportation shall employ one or more persons who shall inspect the work of the permit holder and require that it be done in accordance with sections 264-8 and 264-9. [L 1967, c 163, pt of §2; HRS §264-10]
Cross References
State highway fund, generally, see §248-9.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-11 Performance bond.

§264-11 Performance bond.
The director of transportation may require that before the issuance of a permit the applicant give a cash bond, surety company bond, or personal surety bond in favor of the State, and for an amount equal to the estimated cost of backfilling, restoring, or repairing the base court pavement surface, structures, improvements, and landscaped area, and any other additional costs that may be incurred as a result of the work done under the permit during the one-year period following the satisfactory completion of the work. The bond shall be conditioned upon the compliance of the permit holder with the requirements of sections 264-8 and 264-9. [L 1967, c 163, pt of §2; HRS §264-11]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-12 Penalty for violations.

§264-12 Penalty for violations.
Any person, including any public officer or employee who violates section 264-6, shall be fined not more than $250 or imprisoned not more than three months, or both. [L 1967, c 163, pt of §2; HRS §264-12]
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 › 264-13 Easements, etc., along state highways.

§264-13 Easements, etc., along state highways.
Notwithstanding any law to the contrary, the governor or the director of transportation as the governor's designee, may dispose of easements within and access rights along the state highway rights-of-way under such terms and conditions which, in the director's opinion, are in the best interest of the public. [L 1966, c 30, §2; HRS §264-13; gen ch 1985; am L 1991, c 36, §1; gen ch 1992]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-14 Permit and paving requirements.

§264-14 Permit and paving requirements.
Notwithstanding the existence of any right of vehicle access to or from a state highway in favor of an abutting owner, the department of transportation may prohibit vehicle access via any street, road or driveway to or from abutting properties unless the owner applies for a permit and paves the highway right-of-way between the access opening and the paved portion of the highway pursuant to sections 264-6 to 264-11. Access to or from abutting property via any street, road or driveway which is in use on April 16, 1971 shall not be affected by this section. [L 1971, c 15, §4]
Revision Note
"April 16, 1971" substituted for "the effective date of this section".
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-15 Highway advance acquisition; source of funds.

§264-15 Highway advance acquisition; source of funds.
The director may, with the approval of the governor, expend moneys appropriated by the legislature as may be necessary for the acquisition of real property when the director determines:
(1) The acquisition of the real property is necessary for a state highway project authorized by the legislature;
(2) Funds previously authorized by the legislature are inadequate; and
(3) That any delay in the acquisition of such property would unnecessarily increase the cost of the highway project;
provided that the selected corridor and alignment of the project shall have been approved by the governor.
All moneys received from the rental, sale, or lease of any property acquired under this section shall be paid into the state general fund; provided that whenever federal funds are involved in the acquisition of the property, any money received from the sale, lease, or rental of such property shall be expended toward the project for which the property was acquired. [L 1971, c 132, §2; gen ch 1985; am L 1993, c 280, §54]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-16 State highway clearing accounts.

§264-16 State highway clearing accounts.
The director of transportation may with the prior approval of the director of finance and comptroller establish the state highway payroll clearing account, employee benefits clearing account, construction administration clearing trust account, and any other necessary clearing account or clearing trust account to effectively account for program costs and appropriations.
The director of transportation may, from time to time, make advances to the clearing accounts or clearing trust accounts from the state highway fund or from any moneys appropriated or otherwise made available to the department. The advances shall be in such amounts as may be required to meet the obligations of the department which are authorized by the legislature.
As soon as practicable after an expenditure from a clearing account or clearing trust account, a determination shall be made of the proper fund or appropriation to which the expenditure should be charged. The fund or account from which funds are advanced shall thereupon be reimbursed out of the proper fund or appropriation. [L 1979, c 166, §1; am L Sp 2021, c 9, §60]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-17 Public hearing.

§264-17 Public hearing.
Any state or county agency which prepares proposed plans for a major public highway project shall provide an opportunity for a public hearing at the earliest practicable time before the proposed plans for the project are finalized and commitments have been made by the state or county to the plans or the project. The public hearing shall be conducted and notice given in an adequate manner to apprise all interested persons of the proposed routes and scope of the projects and allow an opportunity for all interested persons to submit data, views, or arguments, orally or in writing. The public hearing required under this section may be held in conjunction with a public hearing held on the project to meet the requirement of any federal, state or county law provided the provisions of this section are satisfied.
The proposing agency shall satisfy any requirement for holding a public hearing under this section if adequate notice of the opportunity for the public hearing on the project is given to interested persons and no written requests for the hearing are received by the agency within a reasonable time.
This section shall not apply to the construction of highway projects where the governor has made a formal determination that the construction of the project is urgently needed because of an emergency, a natural disaster, or a catastrophic failure. [L 1976, c 163, §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-20 Flexibility in highway design; liability of State, counties, and public utilities.

§264-20 Flexibility in highway design; liability of State, counties, and public utilities.
(a) If a highway, including any bridge, principal and minor arterial road, collector and local road, or street, requires new construction, reconstruction, preservation, resurfacing (except for maintenance surfacing), restoration, or rehabilitation, the department of transportation with regard to a state highway, or a county with regard to a county highway, may select or apply flexible highway design guidelines consistent with practices used by the Federal Highway Administration and the American Association of State Highway and Transportation Officials. Flexibility in highway design shall consider, among other factors:
(1) Safety, durability, and economy of maintenance;
(2) The constructed and natural environment of the area;
(3) Community development plans and relevant county ordinances;
(4) Sites listed on the State or National Register of Historic Places;
(5) The environmental, scenic, aesthetic, historic, community, and preservation impacts of the activity;
(6) Access for other modes of transportation, including but not limited to bicycle and pedestrian transportation;
(7) Access to and integration of sites deemed culturally and historically significant to the communities affected;
(8) Acceptable engineering practices and standards; and
(9) Safety studies and other pertinent research.
(b) Any other law to the contrary notwithstanding, any decision by the State, the department of transportation, a county, or any officers, employees, or agents of the State, the department of transportation, or a county to select or apply flexibility in highway design pursuant to this section and consistent with the practices used by the Federal Highway Administration and the American Association of State Highway and Transportation Officials shall not give rise to a cause of action or claim against:
(1) The State;
(2) The department of transportation;
(3) The counties;
(4) Any public utility regulated under chapter 269 that places its facilities within the highway right-of-way; or
(5) Any officer, employee, or agent of an entity listed in paragraphs (1) to (4).
(c) The exception to liability provided in subsection (b) applies only to the decision to select or apply flexibility in highway design pursuant to this section and does not extend to design, construction, repair, correction, or maintenance inconsistent with subsection (a). [L 2005, c 185, §2; am L 2006, c 70, §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-20.5 Complete streets.

§264-20.5 Complete streets.
(a)
The department of transportation and the county transportation departments shall adopt a complete streets policy that seeks to reasonably accommodate convenient access and mobility for all users of the public highways within their respective jurisdictions as described under section 264-1, including pedestrians, bicyclists, transit users, motorists, and persons of all ages and abilities.
(b) This section shall apply to new construction, reconstruction, and maintenance of highways, roads, streets, ways, and lanes located within urban, suburban, and rural areas, if appropriate for the application of complete streets.
(c) This section shall not apply if:
(1) Use of a particular highway, road, street, way, or lane by bicyclists or pedestrians is prohibited by law, including within interstate highway corridors;
(2) The costs would be excessively disproportionate to the need or probable use of the particular highway, road, street, way, or lane;
(3) There exists a sparseness of population, or there exists other available means, or similar factors indicating an absence of a future need; or
(4) The safety of vehicular, pedestrian, or bicycle traffic may be placed at unacceptable risk. [L 2009, c 54, §1]
Revision Note
Section was enacted as an addition to chapter 286 but was renumbered to this chapter pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-20.7 Clean ground transportation goal.

§264-20.7 Clean ground transportation goal.
The department of transportation, in collaboration with the Hawaii state energy office, shall develop strategies to transition all light-duty motor vehicles in the State's fleets to meet the clean ground transportation goal established pursuant to section 196-9(c)(10). [L 2021, c 74, §3]
Cross References
Climate change mitigation, see §225P-7.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-21 Definitions.

§264-21 Definitions.
Whenever used in this part:
"Administrator" means the official or officials administering the Federal Highway Act.
"Federal-aid funds" means funds appropriated by the Congress of the United States under or for the purposes of the Federal Highway Act, in which the State is entitled to share.
"Federal-aid project" means any project for the construction or reconstruction of any highway or portion thereof upon which federal-aid funds are to be, are being, or have been, expended, in connection with local appropriations as in this section defined.
"Federal Highway Act" means Title 23 of the United States Code, and all acts of the Congress of the United States amendatory or supplementary thereto, including future enactments not requiring substantial changes of the powers and duties provided for by this part.
"Local funds" means funds appropriated by the State or any county for the construction of any federal-aid project. [L 1929, c 53, pt of §1; RL 1935, §1710; RL 1945, §4961; RL 1955, §111-1; HRS §264-21]
Revision Note
Definitions rearranged.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 264. Highways › 264-22 State highway department.

§264-22 State highway department.
For the purpose of complying with the Federal Highway Act, the department of transportation is designated as the state highway department. [L 1929, c 53, pt of §1; RL 1935, §1711; RL 1945, §4962; RL 1955, §111-2; am L Sp 1959 2d, c 1, §26; HRS §264-22]