Chapter 264 — Chapter 264

PART I. HIGHWAYS, GENERALLY §264-1 Public highways and trails. (a) All highways, roads, alleys, streets, ways, lanes, bikeways, bridges, and all other real property highway-related interests in the State, opened, laid out, subdivided, consolidated, and acquired and built by the g…

§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 accor…

PART VII. CONTROL OF VENDING §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, …

§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]

§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, o…

§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]

[PART VIII.] IMPACT FEES §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 constr…

§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: (b) Moneys in the highway development special fund shall be used for the following p…

[§264-124 Impact fees; director's consent.] Notwithstanding section 264-123, no county shall assess impact fees for state highway improvements without the director’s consent. [L 2004, c 155, pt of §2]

§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 conditio…

§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: provided that the selected corridor and …

§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 acco…

§264-19 REPEALED. L Sp 2021, c 9, §63.

§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 wi…

§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 …

PART II. FEDERAL-AID HIGHWAYS §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…

§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 §2…

§264-23 Duties of director. The director of transportation shall: 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 subo…

§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 effect…

§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 un…

§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 shal…

§264-27 REPEALED. L 1979, c 165, §1.

§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…

§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 e…

§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 an…

§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 immediat…

§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 …

§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 hol…

§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 projec…

§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 dire…

§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 execu…

§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 p…

PART III. STATE HIGHWAY SYSTEM §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, …

§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…

§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 196…

§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 publ…

§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]

PART IV. CONTROLLED-ACCESS FACILITIES §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 abuttin…

§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…

§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 facil…

§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-acces…

§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 contro…

§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 lo…

§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 requirem…

PART V. OUTDOOR ADVERTISING §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:

§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 pr…

§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 …

§264-76 Unlawful outdoor advertising. Any outdoor advertising which violates this part is a public nuisance. [L 1966, c 45, pt of §2; HRS §264-76]

§264-77 Penalty. Any person violating this part shall be fined not less than $25 nor more than $500, or imprisoned not more than one month, or both. [L 1966, c 45, pt of §2; HRS §264-77]

§264-78 Interpretation. Nothing in this part shall be construed to abrogate or affect the provisions of any law, ordinance, or regulation which are more restrictive than this part. [L 1966, c 45, pt of §2; HRS §264-78]