Title 15, Transportation And Utilities

§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…

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…

[§264-45] 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 l…

§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]

§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 authoriz…

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…

§264-63 Acquisition of property. For the purposes of this part, the director of transportation may acquire for controlled-access facilities and service roads:

§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:

§264-72 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:

§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 …

§264-75 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. (b) The compensation will be paid only for the follo…

§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]

§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 an…

§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 th…

PART VI. JUNKYARD CONTROL §264-81 Short title. This part may be cited as the "Junkyard Control Act". [L 1966, c 46, pt of §2; HRS §264-81]

§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…

§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 m…

§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:

§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 …

§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]

§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 …

§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]

§264-89 Interpretation. Nothing in this part shall be construed to abrogate or affect the provisions of any lawful ordinance or regulation which are more restrictive than this part. [L 1966, c 46, pt of §2; HRS §264-89]

§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-…

§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 fede…

§265A-1 County authority. The several councils or other governing bodies of the several political subdivisions of the State shall have the general supervision, charge, and control of, and the duty to maintain and repair, all county highways, bikeways, and sidewalks and shall have…

[§265A-2] Microchip scanning of deceased animals on roadways. (a) Each county shall: (b) A county animal services contractor or animal control agency shall make reasonable efforts to contact the registered owner of a deceased animal if microchip information is obtained. (c) Each …

[PART I. GENERALLY] §266-1 Department of transportation; harbors; jurisdiction. All commercial harbors and roadsteads, and all commercial harbor and waterfront improvements belonging to or controlled by the State, and all vessels and shipping within the commercial harbors and roa…