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264-21 Definitions.

§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 of the United States under or for the purposes of the Federal Highway Act, in which the State is entitled to share. “Federal-aid project” means any project for the […]

264-22 State highway department.

§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 53, pt of §1; RL 1935, §1711; RL 1945, §4962; RL 1955, §111-2; am L Sp 1959 2d, c 1, §26; HRS §264-22]

264-23 Duties of director.

§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 or systems of highways in the State, upon which federal-aid funds may or are to be expended, together with state or county funds, or both; (2) Alter, […]

264-24 Powers of director.

§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 upon the director by this part or which may be necessary fully and completely to carry out and effectuate the purposes of this part. The director may, […]

264-25 Signs and markings on federal-aid highways.

§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, and traffic signals, installed or placed by or under the authority of any county, shall be subject to the approval of the director of […]

264-26 Combination of federal and state funds.

§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 behalf of the State by the director of transportation. Section 103D-309 shall apply only to that portion of the price that is payable out […]

264-28 Federal-aid projects; mandatory on council.

§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 absence of any provisions to the contrary in the act making the appropriation or in any other state laws applicable thereto, and in case the […]

264-29 Council’s authority.

§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 place under the control and at the disposal of the director of transportation any funds of the county expendable for construction or reconstruction of highways within the county […]

264-30 Transfers of county funds.

§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 of section 264-28 or 264-29, these funds, if not already in the treasury of the State, or under the immediate control of the proper officers of […]

264-31 Maintenance of federal-aid highways.

§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 director of transportation either by public employment or by contract, or the director may have the work performed by the county road department, by public employment […]

264-32 Utility facility defined.

§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 hydrants, gas mains, sewer mains, pipes (including fuel oil lines), conduits, utility holes, poles, wires, cables, lines, street lighting structures, or other structures or equipment, and the […]

264-33 Relocation of utility facilities.

§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 is necessary to provide for or require the removal, relocation, replacement, or reconstruction of any utility facility, and the expense of removal, relocation, replacement, or reconstruction […]

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 from the alignment of a highway, during the design or redesign and construction or reconstruction phases of any new or existing federal-aid highway project, when a determination is made that federal highway funds are available to pay for the federal share of the cost differential between underground and overhead facilities. (b) The director of transportation may make exceptions to subsection (a) if: (1) The director determines that exceptions are appropriate due to either: (A) Any of the following criteria: environmental, safety, research, technology, corridor alignment, or management concern; or (B) The following criteria collectively: state funding impacts, economic feasibility, and federal funding concerns; or (2) The projects do not lend themselves to undergrounding, such as: resurfacing, traffic signal installation, drainage installation, bikeway markings, guardrail installation, traffic markings, and enhancement improvements. [L 1996, c 84, §2] Cross References Overhead or underground construction of high-voltage electric transmission lines, see §269-27.6.

§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 from the alignment of a highway, during the design or redesign and construction or reconstruction phases of any […]

264-34 Portions of projects deemed one.

§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 the project for which bids are called for at or about the same time shall be deemed one project for the purposes of determining the […]

264-35 Assistance for displaced families and business.

§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 organization to be displaced by construction of a project. (b) The director of transportation, in estimating the cost of any project under section 106, […]

264-36 Conformance with county general or master plans.

§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 receipt of federal aid, in which case the governor, by executive order, may set aside the general or master plan to the extent […]