Title 6, County Organization And Administration

PART I. GENERAL JURISDICTION AND POWERS §46-1 Meeting place of council. All meetings, regular or special, of the council may be held at such places within the county other than the county seat as the council shall designate. [L 1963, c 19, §1; Supp, §138-50; HRS §46-1]

§46-1.5 General powers and limitation of the counties. Subject to general law, each county shall have the following powers and shall be subject to the following liabilities and limitations:

[§46-1.52] Authority to enter private property; pests or invasive species. Each county of this State, through its employees or authorized agents, may enter private property within the respective county to control or eradicate pests and invasive species pursuant to sections 141-3.…

§46-1.55 Indigenous Hawaiian architecture. (a) Each county shall adopt ordinances allowing the exercise of indigenous native Hawaiian architectural practices, styles, customs, techniques, and materials historically employed by native Hawaiians, in the county's building code, incl…

[§46-1.7] Retention of emergency 911 recordings. Each county public safety answering point shall retain recordings of all emergency 911 telephone calls and radio dispatches for a period of not less than one year. [L 2005, c 192, §1]

[§46-1.8] Reciprocal supplying of tax information. Notwithstanding any other law to the contrary, a tax official of any county of the State may disclose any records relating to the administration of real property taxes to any duly accredited tax official of the State for tax purp…

§46-10 County bands; travel. The county council or city council of any county having a county band may authorize its band to travel to any other county or abroad for the purpose of creating goodwill. Notwithstanding any law to the contrary, county bands are authorized to receive …

PART VI. TAX INCREMENT FINANCING §46-101 Short title. This part shall be known and may be cited as the "Tax Increment Financing Act". [L 1985, c 267, pt of §1]

§46-102 Definitions. As used in this part, the following words and terms shall have the following meanings unless the context indicates a different meaning or intent: "Adjustment rate" means a percentage rate or rates of adjustment of the assessment base determined by the directo…

§46-103 Establishment of tax increment district. Any county council may provide for tax increment financing by approving a tax increment financing plan and adopting an ordinance establishing the tax increment district. The ordinance shall:

§46-104 County powers. A county may exercise any power necessary and convenient to establish tax increment districts, including the power to:

§46-105 Collection of tax increments. (a) The county by ordinance shall provide for the allocation of real property taxes and tax increments in the manner required by this part. (b) If a county exercises the power allowed under this part, then commencing with the first payment of…

§46-106 Tax increment bonds. (a) A county may issue tax increment bonds, the proceeds of which may be used to pay project costs for a tax increment district or to satisfy claims of bondholders. The county may issue refunding bonds previously issued by the county for the purpose o…

§46-107 Tax increment bond anticipation notes. Whenever the county has authorized the issuance of tax increment bonds under this part, tax increment bond anticipation notes of the county may be issued in anticipation of the issuance of such bonds and of the receipt of the proceed…

§46-108 Annual report. The county council by ordinance may require the director of finance to prepare a report to the county council on the status of the tax increment district. The county council shall determine what information and data are required to be included in the report…

§46-109 Termination of a tax increment district. A tax increment district shall terminate at the time designated in the ordinance creating the district or at an earlier time designated by a subsequent ordinance, but in no event shall the district terminate until such time as all …

§46-11 Federal flood insurance. The Hawaii tourism authority in regard to the convention center district and the mayor or executive officer and the council of the various counties, in regard to the respective counties, may participate and apply on behalf of their respective distr…

[§46-11.5] Maintenance of channels, streambeds, streambanks, and drainageways. Notwithstanding any law to the contrary, each county shall provide for the maintenance of channels, streambeds, streambanks, and drainageways, whether natural or artificial, including their exits to th…

[§46-11.7] Retention ponds and detention ponds; safety requirements. (a) This section shall be known and may be cited as "Sharkey's Law". (b) Beginning January 1, 2027, each county shall adopt ordinances for the regulation of all retention ponds and detention ponds located within…

§46-110 Tax increment fund. (a) Money shall be disbursed from the tax increment fund for a tax increment district only to satisfy the claims of holders of tax increment bonds issued for the tax increment district or to pay project costs for the district, or to make payments to th…

§46-111 Computation of tax increment. (a) Upon or after creation of a tax increment district, the director of finance of the county in which the district is situated shall certify the assessment base of the tax increment district and shall certify in each year thereafter the amou…

§46-112 Tax on leased redevelopment property. Whenever property in the tax increment district has been redeveloped and thereafter is leased by the county or redevelopment agency to any person or whenever the county or agency leases real property in any tax increment district to a…

§46-113 Cumulative effect. Neither this part nor anything contained in this part shall be construed as a restriction or limitation upon any power which a county might otherwise have under any law of this State, but shall be construed as cumulative. The authorization granted may b…

§46-12 Cleaning shores and beaches of seaweed, limu, and debris. The various counties shall be responsible for removing and clearing all seaweed, limu, and debris which are likely to create an unsanitary condition or to otherwise become a public nuisance from the shores and beach…

[§46-12.5] State beach park lifeguard services. Each county may provide lifeguard services for any state beach park where the number of swimmers using the beach may warrant a lifeguard, or where water hazards at the beach present a threat to public safety; provided that the count…

[PART VII.] DEVELOPMENT AGREEMENTS [§46-121] Findings and purpose. The legislature finds that with land use laws taking on refinements that make the development of land complex, time consuming, and requiring advance financial commitments, the development approval process involves…

[§46-122] Definitions. The following terms when used in this chapter shall have the following respective meanings: "County executive agency" means any department, office, board, or commission of a county. "County legislative body" means the city council or county council of a cou…

[§46-123] General authorization. Any county by ordinance may authorize the executive branch of the county to enter into a development agreement with any person having a legal or equitable interest in real property, for the development of such property in accordance with this part…

[§46-124] Negotiating development agreements. The mayor or the designated agency appointed to administer development agreements may make such arrangements as may be necessary or proper to enter into development agreements, including negotiating and drafting individual development…

[§46-125] Periodic review; termination of agreement. (a) If, as a result of a periodic review, the designated agency finds and determines that the principal has committed a material breach of the terms or conditions of the agreement, the designated agency shall serve notice in wr…

[§46-126] Development agreement; provisions. (a) A development agreement shall: (b) The development agreement may provide commencement dates and completion dates; provided that such dates as may be set forth in the agreement may be extended at the discretion of the county at the …

[§46-127] Enforceability; applicability. (a) Unless terminated pursuant to section 46-125 or unless canceled pursuant to section 46-130, a development agreement, amended development agreement, or modified development agreement once entered into, shall be enforceable by any party …

[§46-128] Public hearing. No development agreement shall be entered into unless a public hearing on the application therefor first shall have been held by the county legislative body. [L 1985, c 48, pt of §1]

[§46-129] County general plan and development plans. No development agreement shall be entered into unless the county legislative body finds that the provisions of the proposed development agreement are consistent with the county's general plan and any applicable development plan…

§46-13 Each county to determine its own number of fire stations. Any other provisions of law to the contrary notwithstanding, the council of each county, may determine the number of fire stations it will establish and maintain within its respective county. [L 1962, c 2, §2; Supp,…

§46-13.1 Volunteer fire stations. (a) The council of the several counties may establish and maintain one or more volunteer fire stations in any area or areas of the county as it may determine to be necessary to provide adequate fire protection. All necessary facilities and equipm…

[§46-130] Amendment or cancellation. A development agreement may be amended or canceled, in whole or in part, by mutual consent of the parties to the agreement, or their successors in interest; provided that if the county determines that a proposed amendment would substantially a…

[§46-131] Administrative act. Each development agreement shall be deemed an administrative act of the government body made party to the agreement. [L 1985, c 48, pt of §1]

[§46-132] Filing or recordation. The designated agency shall be responsible to file or record a copy of the development agreement or an amendment to such agreement in the office of the assistant registrar of the land court of the State of Hawaii or in the bureau of conveyances, o…

§46‑14.5 Land use density and infrastructure; low-income rental units. Notwithstanding any other law to the contrary, the counties are authorized to provide flexibility in land use density provisions and public facility requirements to encourage the development of any rental hous…

[PART VIII.] IMPACT FEES §46-141 Definitions. As used in this part, unless the context requires otherwise: "Board" means the board of water supply or water board of any county. "Capital improvements" means the acquisition of real property, improvements to expand capacity and serv…

§46-142 Authority to impose impact fees; enactment of ordinances required. (a) Impact fees may be assessed, imposed, levied, and collected by: provided that the county enacts appropriate impact fee ordinances or the board adopts rules to effectuate the imposition and collection o…

[§46-142.5 School impact districts; new building permit requirements.] No new residential development in a designated school impact district under chapter 302A shall be issued a residential building permit or condominium property regime building permit until the department of edu…

§46-143 Impact fee calculation. (a) A county council or board considering the enactment or adoption of impact fees shall first approve a needs assessment study that shall identify the kinds of public facilities for which the fees shall be imposed. The study shall be prepared by a…

§46-144 Collection and expenditure of impact fees. Collection and expenditure of impact fees assessed, imposed, levied, and collected for development shall be reasonably related to the benefits accruing to the development. To determine whether the fees are reasonably related, the…

§46-145 Refund of impact fees. (a) If impact fees are not expended or encumbered within the period established in section 46-144, the county or the board shall refund to the developer or the developer's successor in title the amount of fees paid and any accrued interest. Applicat…

[§46-146] Time of assessment and collection of impact fees. Assessment of impact fees shall be a condition precedent to the issuance of a grading or building permit and shall be collected in full before or upon issuance of the permit. [L 1992, c 282, pt of §2]

[§46-147] Effect on existing ordinances. This part shall not invalidate any impact fee ordinance existing on June 19, 1992. [L 1992, c 282, pt of §2]

[§46-148] Transitions. Any county requiring impact fees or imposing development exactions, in order to fund public facilities, shall incorporate fee requirements into their broader system of development and land use regulations in such a manner that developments, either collectiv…

§46-15 Experimental and demonstration housing projects. (a) The mayor of each county, after holding a public hearing on the matter and receiving the approval of the respective council, shall be empowered to designate areas of land for experimental and demonstration housing projec…