Hawaii Revised Statutes 264. Highways

PART I. HIGHWAYS, GENERALLY

• 264-1 Public Highways and Trails.
  (a) All roads, alleys, streets, ways, lanes, bikeways, bridges, and all other real property highway related interests in the State, opened, laid out, subdivided,...
• 264-1.5 Emergency Powers; Traffic Emergency Zones.
  (a) Notwithstanding any law to the contrary, if the governor or state director of transportation, in the case of a state highway, or the...
• 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....
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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,...
• 264-8.5 Repealed.
  L 1994, c 201, §4. Cross References Similar provision, see §103D-407.
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 264-19 Transportation Improvement Special Fund.
  (a) There is created within the state treasury the transportation improvement special fund to fund qualified transportation projects and to receive reimbursements from private...
• 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...
• 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...

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...
• 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...
• 264-23 Duties of Director.
  The director of transportation shall: (1) Select, designate, acquire, or lay out, in compliance with the requirements of the Federal Highway Act, a system...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...

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...
• 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...
• 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...
• 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...
• 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...

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...
• 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,...
• 264-63 Acquisition of Property.
  For the purposes of this part, the director of transportation may acquire for controlled-access facilities and service roads: (1) Property, as defined in chapter...
• 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...
• 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...
• 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,...
• 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,...

PART V. OUTDOOR ADVERTISING

• 264-71 Definitions.
  Regulation by counties, see §§445-111 to 121. Law Journals and Reviews Metromedia, Inc. v. City of San Diego: The Conflict Between Aesthetic Zoning and...
• 264-72 Control of Outdoor Advertising.
  Regulation by counties, see §§445-111 to 121. Law Journals and Reviews Metromedia, Inc. v. City of San Diego: The Conflict Between Aesthetic Zoning and...
• 264-73 Regulations.
  Regulation by counties, see §§445-111 to 121. Law Journals and Reviews Metromedia, Inc. v. City of San Diego: The Conflict Between Aesthetic Zoning and...
• 264-74 Removal of Nonconforming Outdoor Advertising.
  Regulation by counties, see §§445-111 to 121. Law Journals and Reviews Metromedia, Inc. v. City of San Diego: The Conflict Between Aesthetic Zoning and...
• 264-75 Compensation for Removal of Outdoor Advertising.
  Regulation by counties, see §§445-111 to 121. Law Journals and Reviews Metromedia, Inc. v. City of San Diego: The Conflict Between Aesthetic Zoning and...
• 264-76 Unlawful Outdoor Advertising.
  Regulation by counties, see §§445-111 to 121. Law Journals and Reviews Metromedia, Inc. v. City of San Diego: The Conflict Between Aesthetic Zoning and...
• 264-77 Penalty.
  Regulation by counties, see §§445-111 to 121. Law Journals and Reviews Metromedia, Inc. v. City of San Diego: The Conflict Between Aesthetic Zoning and...
• 264-78 Interpretation.
  Regulation by counties, see §§445-111 to 121. Law Journals and Reviews Metromedia, Inc. v. City of San Diego: The Conflict Between Aesthetic Zoning and...
• 264-79 Agreements With the United States Authorized.
  Regulation by counties, see §§445-111 to 121. Law Journals and Reviews Metromedia, Inc. v. City of San Diego: The Conflict Between Aesthetic Zoning and...

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] Cross References Ownership of solid...
• 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,...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...

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...
• 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...

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...
• 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:...
• 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...
• 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...
• 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...

Last modified: October 27, 2016