2023 Hawaii Revised Statutes
Title 6. County Organization and Administration
46. General Provisions
- 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- 46-1.6 REPEALED. L 1996, c 13, §17.
- 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- 46-3 REPEALED.
- 46-3.5 REPEALED. L 2009, c 4, §4.
- 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- 46-4.1 REPEALED.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- 46-14 REPEALED.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. (a) For the purposes of zoning, family child care homes shall be: (1) Considered a residential use of property and shall be a permitted use in all residentially designated zones, including but not limited to zones for single-family dwellings; and (2) Considered a permitted use in all agriculturally designated districts; provided that the family child care home is located in a farm dwelling, notwithstanding sections 205-2 and 205-4.5. No conditional use permit, variance, or special exception shall be required for residences used as family child care homes. (b) For the purposes of this section, "family child care home" means a private residence, including an apartment, unit, or townhouse, as those terms are defined in section 502C-1, at which care may be provided for one to no more than six children who are unrelated to the caregiver by blood, marriage, or adoption at any given time. [L 1996, c 303, §2; am L 1999, c 242, § §3, 8(2); am L 2001, c 225, §3; am L 2005, c 20, §1; am L 2014, c 210, §1]
- 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. When amendments to a county community or development plan, a county zoning map, or any combination of the two, are necessary to permit the development of a housing project, requests for amendments to these plans and zoning maps shall be allowed, if accepted for processing by the county, to be processed concurrently at the request of the applicant. In addition, upon the request of the applicant, these plan and zoning map amendment requests may be processed concurrently with any request to the state land use commission for the redesignation of lands which would permit the development of the housing project. For the purposes of this section: "County community or development plan" means a relatively detailed plan for an area or region within a county to implement the objectives and policies of a county general plan. "Housing project" means a plan, design, or undertaking for the development of single- or multi-family housing, including any affordable housing component which may be required by the county council. A housing project may also include ancillary uses such as commercial and industrial uses which are an integral part of the development. [L 1994, c 262, §1] Cross References Facilitated application process, see §201-62. Law Journals and Reviews The Scramble to Protect the American Dream in Paradise: Is Affordable Housing Possible in Hawaii? 10 HBJ No. 13, at pg. 37.
- 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. L 2006, c 38, §29.
- 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. §46-19.6 County building permits; incorporation of energy and environmental design building standards in project design; priority processing.
- 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.
- 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.
- 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.
- 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.
- 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.; cost otherwise assessable against borne by city and county.
- 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. (a) Any county having a charter may enact an ordinance, and may amend the same from time to time, providing for the creation of community facilities districts to finance special improvements in the county. The special improvements may be provided and financed under the ordinance. The county shall have the power to levy and assess a special tax on property located in a district to finance the special improvements and to pay the debt service on any bonds issued to finance the special improvements. The county may issue and sell bonds to provide funds for the special improvements, or, if requested by the county, the State may issue and sell revenue bonds under section 201H-72. Bonds issued to provide funds for the special improvements may be either: bonds secured only by the properties included in the district and/or the special taxes thereon, or bonds payable from general taxes and/or secured by the general taxing power of the county. If the bonds are secured only by the properties included in the district and/or the special taxes thereon, the bonds shall be issued according and subject to the provisions of the ordinance. If the bonds are payable from general taxes or secured by the general taxing power, the bonds shall be issued according and subject to chapter 47. (b) There is no requirement that the special tax imposed by ordinance pursuant to this section be fixed in an amount or apportioned on the basis of special benefit to be conveyed on property by the special improvement, or that the special improvement convey a special benefit on any property in the district. It shall be sufficient that the governing body of the county determines that the property to be subject to the special tax is improved or benefited by the special improvement in a general manner or in any other manner. The special improvement may also benefit property outside the district. The special taxes assessed pursuant to this section shall be a lien upon the property assessed. The lien shall have priority over all
- 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.
- 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.
- 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.
- 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.
- 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.
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.
- 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.
Note
Broadband services; exemption from certain permitting processes. L 2011, c 151; L 2013, c 264; L 2016, c 193, 1, 2.
City and county of Honolulu to take ownership of specified road or parcel upon acceptance of funds. L 2016, c 194, 4.
Public land trust information system. L 2011, c 54; L 2013, c 110.
Cross References
Access Hawaii committee (management of State's internet portal), see chapter 27G.
Acquisition of resource value lands, see chapter 173A.
Complete streets, see 264-20.5.
Conclusive presumptions relating to duty of public entities to warn of dangers at public beach parks, see 663-1.56.
Emergency management, see chapter 127A.
Employment of retirants, see 88-9.
Important agricultural lands, see 205-41 to 52.
Information privacy and security council; personal information security, see 487N-5 to 7.
Legacy land conservation commission, see 173A-2.4.
Neighborhood board, see 92-81 to 83.
Parental preference in government contract and services, see 577-7.5.
Personal information policy and oversight responsibilities for government agencies, see 487J-5.
Small business regulatory flexibility act, see chapter 201M.
Uniform electronic transactions act, see chapter 489E.
Case Notes
Chapter did not preempt ordinance relating to residential condominium leasehold conversion. 76 H. 46, 868 P.2d 1193.