2025 Hawaii Revised Statutes
Title 6. County Organization and Administration
46. General Provisions

PART I. GENERAL JURISDICTION AND POWERS

• 46-1 Meeting place of council.
• 46-1.5 General powers and limitation of the counties.
• 46-1.52 Authority to enter private property; pests or invasive species.
• 46-1.55 Indigenous Hawaiian architecture.
• 46-1.6 REPEALED.
• 46-1.7 Retention of emergency 911 recordings.
• 46-1.8 Reciprocal supplying of tax information.
• 46-2 Publication or advertising of ordinances, amendments, resolutions, and bills.
• 46-2.1 Comprehensive ordinance codes.
• 46-2.2 Publication of supplements.
• 46-3 REPEALED.
• 46-3.5 REPEALED.
• 46-4 County zoning.
• 46-4.1 REPEALED.
• 46-4.2 Nonsignificant zoning changes.
• 46-4.5 Ordinances establishing historical, cultural, and scenic districts.
• 46-5 Planning and traffic commissions; creation.
• 46-6 Parks and playgrounds for subdivisions.
• 46-6.5 Public access.
• 46-7 Agreements with federal government; use of funds.
• 46-8 State and county co-sponsorship of programs.
• 46-9 Expenditures of money for sister-city relationships.
• 46-10 County bands; travel.
• 46-11 Federal flood insurance.
• 46-11.5 Maintenance of channels, streambeds, streambanks, and drainageways.
• 46-12 Cleaning shores and beaches of seaweed, limu, and debris.
• 46-12.5 State beach park lifeguard services.
• 46-13 Each county to determine its own number of fire stations.
• 46-13.1 Volunteer fire stations.
• 46-14 REPEALED.
• 46-14.5 Land use density and infrastructure; low-income rental units.
• 46-15 Experimental and demonstration housing projects.
• 46-15.01 Limitation of application.
• 46-15.1 Housing; county powers.
• 46-15.2 Housing; additional county powers.
• 46-15.21 Housing choice voucher program.
• 46-15.25 Infrastructure dedication; affordable housing.
• 46-15.3 Regulation of adult family boarding home and care home.
• 46-15.35 Family child care homes; permitted use in residential areas and agriculturally designated districts.
• 46-15.36 Hospice homes; permitted use in residential areas.
• 46-15.39 REPEALED.
• 46-15.4 Administrative inspections and warrants.
• 46-15.5 Cooperation by state departments.
• 46-15.6 Definitions.
• 46-15.7 Concurrent processing.
• 46-15.9 Traffic regulation; repair and maintenance; public right to use public streets, roads, or highways whose ownership is in dispute.
• 46-16 Traffic regulation and control over private streets.
• 46-16.1 Prohibitions or restrictions on stopping, standing, or parking of vehicles on county highways.
• 46-16.2 Commuter benefits program.
• 46-16.3 Regulation of commercial bicycle tours.
• 46-16.5 Public passenger vehicle regulation.
• 46-16.7 REPEALED.
• 46-16.8 County surcharge on state tax.
• 46-17 Regulation of certain public nuisances.
• 46-18 Central coordinating agency.
• 46-19 Development of alternative energy resources.
• 46-19.1 Facilities for solid waste processing and disposal and electric generation; financing; sale.
• 46-19.4 Priority permitting process for renewable energy projects.
• 46-19.5 Energy conservation standards for building design and construction.
• 46-19.6 OLD REPEALED.
• 46-19.7 Individual shower control valves required.
• 46-19.8 Fire sprinklers; residences.
• 46-20 Regulation of sewerage and wastewater treatment systems.
• 46-20.1 County ownership of sewer transmission lines and facilities servicing Hawaiian home lands.
• 46-20.2 Infrastructure maintenance; housing development for the department of Hawaiian home lands.
• 46-20.5 Regulation of towing operations.
• 46-20.7 County transient accommodations tax.

PART II. OFFICERS AND EMPLOYEES

• 46-21 REPEALED.
• 46-21.5 REPEALED.
• 46-22 Compensation of certain county officials.
• 46-22.1 Salaries of members of council.
• 46-23 Salaries of department heads, deputies, assistants; fixed how.
• 46-24 Limitation on salary of first deputy or assistant.
• 46-25 Salaries of county officers and employees; moneys payable into treasury.
• 46-25.5 Expenses.
• 46-26 Bonds of county officers; form.
• 46-27 Approval of bonds.
• 46-28 Extent of liability.
• 46-29 Certain notarial powers conferred upon county officers.
• 46-30 Transfer of civil service personnel on reorganization.
• 46-31 Transfer of noncivil service personnel on reorganization.
• 46-32 Employees of council.
• 46-33 Exemption of certain county positions.
• 46-34 Civil service exemptions.
• 46-35 Firefighters, counsel for.
• 46-36 Authority of counties to engage in the process of managed competition; established.

PART III. FISCAL ADMINISTRATION

• 46-41 Budgets; financial records on fiscal year basis.
• 46-42 Reports by fiscal officers.
• 46-43 County records.
• 46-44 REPEALED.
• 46-44.5 Lapsed warrant.
• 46-45 Excessive expenditures; penalty.
• 46-46 Excess expenditures; when permitted.
• 46-47 Franchise fees, disposition of.
• 46-48 Deposit of funds in banks.
• 46-49 Interest on deposits.
• 46-50 Short term investment of county moneys.
• 46-51 Deposit of securities with mainland depositories.
• 46-52 Deposit of securities.
• 46-53 Loans to the State.
• 46-54 Collection of delinquent license fees, taxes, and other amounts.
• 46-55 Schedule of council anticipated expenditures.
• 46-56 Purchasing.

PART IV. REAL AND PERSONAL PROPERTY

• 46-61 Eminent domain; purposes for taking property.
• 46-62 Eminent domain; proceedings according to chapter 101.
• 46-63 Gift or sale of county property for care of aged persons.
• 46-64 Disposition of surplus property.
• 46-65 Parks in the charge of council.
• 46-65.5 Exchange of park property.
• 46-65.6 Thomas Square; to be maintained.
• 46-65.7 Ala Wai golf course.
• 46-66 Disposition of real property.
• 46-67 Easements; formal subdivision process and approval exemption.

PART V. MISCELLANEOUS

• 46-71 Service of process upon county.
• 46-71.5 Indemnification of county agencies
• 46-72 Liability for injuries or damages; notice.
• 46-72.5 Counties' limited liability for skateboard activities at public skateboard parks.
• 46-73 Claims for legislative relief; conditions.
• 46-74 Waiver of exemption from assessment for improvements.
• 46-74.1 Exemption from improvement assessments.
• 46-74.2 Public land or land exempt from taxation, etc.
• 46-75 Improvement bonds exempt from taxation.
• 46-76 Location of utility facilities in improvement districts.
• 46-77 Underground utility facilities in improvement districts.
• 46-78 Improvement districts, initiation by the State.
• 46-79 CUSIP numbers for district improvement bonds or improvement district bonds of counties.
• 46-80 Improvement by assessment; financing; commercial property assessed financing program.
• 46-80.1 Community facilities district.
• 46-80.5 Special improvement district.
• 46-81 Reserve funds for payment of improvements.
• 46-85 Contracts for solid waste disposal.
• 46-86 Transactions for utility services.
• 46-87 Liquidated damages.
• 46-88 Agricultural buildings and structures; exemptions from building permit and building code requirements.
• 46-89 Broadband-related permits; automatic approval.

PART VI. TAX INCREMENT FINANCING

• 46-101 Short title.
• 46-102 Definitions.
• 46-103 Establishment of tax increment district.
• 46-104 County powers.
• 46-105 Collection of tax increments.
• 46-106 Tax increment bonds.
• 46-107 Tax increment bond anticipation notes.
• 46-108 Annual report.
• 46-109 Termination of a tax increment district.
• 46-110 Tax increment fund.
• 46-111 Computation of tax increment.
• 46-112 Tax on leased redevelopment property.
• 46-113 Cumulative effect.

PART VII. DEVELOPMENT AGREEMENTS

• 46-121 Findings and purpose.
• 46-122 Definitions.
• 46-123 General authorization.
• 46-124 Negotiating development agreements.
• 46-125 Periodic review; termination of agreement.
• 46-126 Development agreement; provisions.
• 46-127 Enforceability; applicability.
• 46-128 Public hearing.
• 46-129 County general plan and development plans.
• 46-130 Amendment or cancellation.
• 46-131 Administrative act.
• 46-132 Filing or recordation.

PART VIII. IMPACT FEES

• 46-141 Definitions.
• 46-142 Authority to impose impact fees; enactment of ordinances required.
• 46-142.5 School impact districts; new building permit requirements.
• 46-143 Impact fee calculation.
• 46-144 Collection and expenditure of impact fees.
• 46-145 Refund of impact fees.
• 46-146 Time of assessment and collection of impact fees.
• 46-147 Effect on existing ordinances.
• 46-148 Transitions.

PART IX. TRANSFER OF DEVELOPMENT RIGHTS

• 46-161 Findings and purpose.
• 46-162 Definitions.
• 46-163 Conditions for the transfer of development rights.
• 46-164 Procedures.
• 46-165 Other rights not affected.

PART X. QUI TAM ACTIONS OR RECOVERY OF
FALSE CLAIMS TO THE COUNTIES

• 46-171 Actions for false claims to the counties; qui tam actions.
• 46-172 Civil actions for false claims.
• 46-173 Evidentiary determination; burden of proof.
• 46-174 Statute of limitations.
• 46-175 Action by private persons.
• 46-176 Rights of parties to qui tam actions.
• 46-177 Awards to qui tam plaintiffs.
• 46-178 REPEALED.
• 46-179 Fees and costs of litigation.
• 46-180 Relief from retaliatory actions.
• 46-181 Certain actions barred.

Part XI. COUNTY EMERGENCY MEDICAL SERVICES SYSTEM

• 46-191 Definitions.
• 46-192 County emergency medical services system; establishment.
• 46-193 County, functions; duties.
• 46-194 Emergency medical services; fees.
• 46-195 Community paramedicine program; established.
• 46-196 Emergency medical services; levels of service; contracts.
• 46-197 Grants.
• 46-198 Immunity and limitation on liability for emergency aeromedical services.
• 46-199 Rules.