§264-1 Public highways and trails. (a) All roads, highways, alleys, streets, ways, lanes, bikeways, bridges, and all other real property highway related interests in the State, opened, laid out, subdivided, consolidated, and acquired and built by the government are declared to be public highways. Public highways are of two types: (1) State highways, which are […]
§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 mayor of a county or the county director of transportation, in the case of a county highway, determines that substantial endangerment to public health and […]
§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 who shall inspect the work of the permit holder and require that it be done in accordance with sections 264-8 and 264-9. [L 1967, c […]
§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 surety bond in favor of the State, and for an amount equal to the estimated cost of backfilling, restoring, or repairing the base court pavement surface, structures, improvements, […]
§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 three months, or both. [L 1967, c 163, pt of §2; HRS §264-12] Cross References Classification of offense and authorized punishment, see § §701-107, 706-640, and 706-663.
§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 rights along the state highway rights-of-way under such terms and conditions which, in the director’s opinion, are in the best interest of the public. [L […]
§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 transportation may prohibit vehicle access via any street, road or driveway to or from abutting properties unless the owner applies for a permit and paves the […]
§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 property when the director determines: (1) The acquisition of the real property is necessary for a state highway project authorized by the legislature; (2) […]
§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 benefits clearing account, construction administration clearing trust account, and any other necessary clearing account or clearing trust account to effectively account for program costs and appropriations. […]
§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 the earliest practicable time before the proposed plans for the project are finalized and commitments have been made by the state or county to the plans or the […]
§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 establishment of bikeways; provided that bikeways shall be established, whenever practicable, wherever a new or existing highway, road, or street is being designed, planned, […]
§264-19 REPEALED. L Sp 2021, c 9, §63.
§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. The term “government” as used herein means the State with reference to state highways and means the respective counties with reference to county highways. If any county […]
§264-2.1 County highways; ownership. (a) As used in this section: “Disputed road” means any highway, road, alley, street, way, lane, bikeway, bridge, or trail that is open to the public and is located in any county with a population of five hundred thousand or more, for which there is a dispute over ownership and jurisdiction, […]
§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 (except for maintenance surfacing), restoration, or rehabilitation, the department of transportation with regard to a state highway, or a […]
§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 for all users of the public highways within their respective jurisdictions as described under section 264-1, including pedestrians, bicyclists, transit users, motorists, and persons of all ages […]
§264-20.7 Clean ground transportation goal. The department of transportation, in collaboration with the Hawaii state energy office, shall develop strategies to transition all light-duty motor vehicles in the State’s fleets to meet the clean ground transportation goal established pursuant to section 196-9(c)(10). [L 2021, c 74, §3] Cross References Climate change mitigation, see §225P-7.
§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 disposed of for the use of the State in the case of a state highway as provided by law and for the use of the […]
§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 public agency which caused the disturbance or removal […]
§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]
