Title 15, Transportation And Utilities

§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…

[§264-123] 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 t…

[§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]

[§264-125] 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 collect…

[§264-126] Adoption of rules. The department may adopt rules pursuant to chapter 91 to implement this part. [L 2004, c 155, pt of §2]

[§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]

§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…

[PART IX.] SIDEWALK PROJECT PRIORITY LISTS [§264-131] Sidewalk project priority lists. (a) The department of transportation shall maintain a priority list of statewide sidewalk installation and pedestrian improvement projects, including potential alternatives to sidewalks that ma…

[§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 prope…

[PART X.] GROUND TRANSPORTATION INFRASTRUCTURE [§264-141] Definitions. As used in this part, "department" means the department of transportation. [L 2021, c 131, pt of §2]

[§264-142] Ground transportation facilities. (a) The department shall develop and implement a plan for the establishment of the following: (b) Within each community the department shall coordinate with the applicable county to develop a comprehensive plan for the establishment of…

[§264-143] Ground transportation; project goals; reporting. (a) When planning, designing, and implementing ground transportation infrastructure for each project pursuant to this part, the department shall endeavor to: (b) For each project planned by the department, the department…

[§264-144] Highways; ground transportation; generally. The department shall provide for a safe, accessible, equitable, fully multimodal, and sustainable system of ground connections that ensures the accessibility of people and goods and improves economic vitality, public health, …

§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…

[§264-17] 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 be…

§264-18 Use of highway fund for bikeways. (a) Out of the state highway fund amounts, whether state funds or federal funds, shall be expended as necessary by the State for the establishment of bikeways; provided that bikeways shall be established, whenever practicable, wherever a …

[§264-19.1] Microchip scanning of deceased animals on roadways. (a) The department of transportation shall: (b) The department of transportation may coordinate with the counties to share microchip scanner resources or protocols as needed. [L 2025, c 81, §3]

§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…

[§264-2.1] 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 t…

[§264-2.5] Private streets; ownership. [Section effective July 1, 2027.] [Section repealed July 1, 2032. L 2025, c 88, §3.] (a) Notwithstanding any provision of law to the contrary, in any county with a population of less than 250,000, fee simple absolute title of a privately own…

§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 …

[§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 juri…

[§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 establishe…

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…

§264-28 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…

§264-33 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 recons…

[§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…

§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…