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

46-2 Publication or advertising of ordinances, amendments, resolutions, and bills. - §46-2 Publication or advertising of ordinances, amendments, resolutions, and bills....

46-2.1 Comprehensive ordinance codes. - §46-2.1 Comprehensive ordinance codes. All ordinances which have been duly...

46-2.2 Publication of supplements. - §46-2.2 Publication of supplements. Comprehensive ordinance codes published pursuant to...

46-3 REPEALED. - §46-3 REPEALED. L 1991, c 4, §2. Cross References For...

46-3.5 REPEALED. L 2009, c 4, §4. - §46-3.5 REPEALED. L 2009, c 4, §4.

46-4 County zoning. - §46-4 County zoning. (a) This section and any ordinance, rule,...

46-4.1 REPEALED. - §46-4.1 REPEALED. L 1983, c 133, §2.

46-4.2 Nonsignificant zoning changes. - §46-4.2 Nonsignificant zoning changes. Each county may provide by ordinance...

46-4.5 Ordinances establishing historical, cultural, and scenic districts. - §46-4.5 Ordinances establishing historical, cultural, and scenic districts. No ordinance...

46-5 Planning and traffic commissions; creation. - §46-5 Planning and traffic commissions; creation. The legislative body of...

46-6 Parks and playgrounds for subdivisions. - §46-6 Parks and playgrounds for subdivisions. (a) Except as hereinafter...

46-6.5 Public access. - §46-6.5 Public access. (a) Each county shall adopt ordinances which...

46-7 Agreements with federal government; use of funds. - §46-7 Agreements with federal government; use of funds. The governing...

46-8 State and county co-sponsorship of programs. - §46-8 State and county co-sponsorship of programs. The governor may...

46-9 Expenditures of money for sister-city relationships. - §46-9 Expenditures of money for sister-city relationships. Any other law...

46-10 County bands; travel. - §46-10 County bands; travel. The county council or city council...

46-11 Federal flood insurance. - §46-11 Federal flood insurance. The Hawaii tourism authority in regard...

46-11.5 Maintenance of channels, streambeds, streambanks, and drainageways. - §46-11.5 Maintenance of channels, streambeds, streambanks, and drainageways. Notwithstanding any...

46-12 Cleaning shores and beaches of seaweed, limu, and debris. - §46-12 Cleaning shores and beaches of seaweed, limu, and debris....

46-12.5 State beach park lifeguard services. - §46-12.5 State beach park lifeguard services. Each county may provide...

46-13 Each county to determine its own number of fire stations. - §46-13 Each county to determine its own number of fire...

46-13.1 Volunteer fire stations. - §46-13.1 Volunteer fire stations. The council of the several counties...

46-14 REPEALED. - §46-14 REPEALED. L 1978, c 153, §1. Cross References For...

46-14.5 Land use density and infrastructure; low-income rental units. - §46-14.5 Land use density and infrastructure; low-income rental units. Notwithstanding...

46-15 Experimental and demonstration housing projects. - §46-15 Experimental and demonstration housing projects. (a) The mayor of...

46-15.1 Housing; county powers. - §46-15.1 Housing; county powers. [Repeal and reenactment on July 1,...

46-15.2 Housing; additional county powers. - §46-15.2 Housing; additional county powers. In addition and supplemental to...

46-15.3 Regulation of adult family boarding home and care home. - §46-15.3 Regulation of adult family boarding home and care home....

46-15.4 Administrative inspections and warrants. - §46-15.4 Administrative inspections and warrants. (a) The respective counties may...

46-15.5 Cooperation by state departments. - §46-15.5 Cooperation by state departments. All state departments, including the...

46-15.6 Definitions. - §46-15.6 Definitions. When used in this chapter, unless the context...

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 zon... - §46-15.7 Concurrent processing. When amendments to a county community or...

46-15.9 Traffic regulation; repair and maintenance; public right to use public streets, roads, or highways whose ownership is in dispute. - §46-15.9 Traffic regulation; repair and maintenance; public right to use...

46-15.21 Housing choice voucher program. - §46-15.21 Housing choice voucher program. No county shall disqualify a...

46-15.25 Infrastructure dedication; affordable housing. - §46-15.25 Infrastructure dedication; affordable housing. (a) Infrastructure for affordable housing...

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... - §46-15.35 Family child care homes; permitted use in residential areas...

46-15.36 Hospice homes; permitted use in residential areas. - §46-15.36 Hospice homes; permitted use in residential areas. For purposes...

46-15.39 REPEALED. - §46-15.39 REPEALED. L 2005, c 139, §4.

46-15.01 Limitation of application. - §46-15.01 Limitation of application. This chapter shall not be construed...

46-16 Traffic regulation and control over private streets. - §46-16 Traffic regulation and control over private streets. Any provision...

46-16.2 Commuter benefits program. - §46-16.2 Commuter benefits program. (a) The counties may adopt an...

46-16.3 Regulation of commercial bicycle tours. - §46-16.3 Regulation of commercial bicycle tours. Any law to the...

46-16.5 Public passenger vehicle regulation. - §46-16.5 Public passenger vehicle regulation. (a) The legislature finds and...

46-16.7 REPEALED. L 2006, c 38, §29. - §46-16.7 REPEALED. L 2006, c 38, §29.

46-16.8 County surcharge on state tax. - §46-16.8 County surcharge on state tax. [Section repealed December 31,...

46-17 Regulation of certain public nuisances. - §46-17 Regulation of certain public nuisances. Any provision of law...

46-18 Central coordinating agency. - §46-18 Central coordinating agency. (a) Each county shall, by ordinance,...

46-19 Development of alternative energy resources. - §46-19 Development of alternative energy resources. Each of the counties...

46-19.1 Facilities for solid waste processing and disposal and electric generation; financing; sale. - §46-19.1 Facilities for solid waste processing and disposal and electric...

46-19.4 Priority permitting process for renewable energy projects. - §46-19.4 Priority permitting process for renewable energy projects. All agencies...

46-19.5 Energy conservation standards for building design and construction. - §46-19.5 Energy conservation standards for building design and construction. (a)...

46-19.6 OLD REPEALED. §46-19.6 County building permits; incorporation of energy and environmental design building standards in project design; priority processing. - §46-19.6 [OLD] REPEALED. L 1994, c 168, §2. §46-19.6 County...

46-19.7 Individual shower control valves required. - §46-19.7 Individual shower control valves required. Every county building code...

46-19.8 Fire sprinklers; residences. - [ §46-19.8] Fire sprinklers; residences. Section repealed June 30, 2027....

46-20 Regulation of sewerage and wastewater treatment systems. - §46-20 Regulation of sewerage and wastewater treatment systems. Effective July...

46-20.1 County ownership of sewer transmission lines and facilities servicing Hawaiian home lands. - §46-20.1 County ownership of sewer transmission lines and facilities servicing...

46-20.5 Regulation of towing operations. - §46-20.5 Regulation of towing operations. Any law to the contrary...

46-20.7 County transient accommodations tax. - §46-20.7 County transient accommodations tax. Each county may establish a...

46-21 REPEALED. - §46-21 REPEALED. L 1970, c 26, §3.

46-21.5 REPEALED. - §46-21.5 REPEALED. L 1985, c 146, §2.

46-22 Compensation of certain county officials. - §46-22 Compensation of certain county officials. Any law to the...

46-22.1 Salaries of members of council. - §46-22.1 Salaries of members of council. Any law or county...

46-23 Salaries of department heads, deputies, assistants; fixed how. - §46-23 Salaries of department heads, deputies, assistants; fixed how. Salaries...

46-24 Limitation on salary of first deputy or assistant. - §46-24 Limitation on salary of first deputy or assistant. Notwithstanding...

46-25 Salaries of county officers and employees; moneys payable into treasury. - §46-25 Salaries of county officers and employees; moneys payable into...

46-25.5 Expenses. - §46-25.5 Expenses. Subject to section 78-32 and procedures prescribed by...

46-26 Bonds of county officers; form. - §46-26 Bonds of county officers; form. Every bond required to...

46-27 Approval of bonds. - §46-27 Approval of bonds. The sufficiency of the bonds of...

46-28 Extent of liability. - §46-28 Extent of liability. Every bond required or given under...

46-29 Certain notarial powers conferred upon county officers. - §46-29 Certain notarial powers conferred upon county officers. Wherever by...

46-30 Transfer of civil service personnel on reorganization. - §46-30 Transfer of civil service personnel on reorganization. Every civil...

46-31 Transfer of noncivil service personnel on reorganization. - §46-31 Transfer of noncivil service personnel on reorganization. Every noncivil...

46-32 Employees of council. - §46-32 Employees of council. Any other provision to the contrary...

46-33 Exemption of certain county positions. - §46-33 Exemption of certain county positions. In any county with...

46-34 Civil service exemptions. - §46-34 Civil service exemptions. Any other provision to the contrary...

46-35 Firefighters, counsel for. - §46-35 Firefighters, counsel for. Whenever any firefighter is prosecuted for...

46-36 Authority of counties to engage in the process of managed competition; established. - §46-36 Authority of counties to engage in the process of...

46-41 Budgets; financial records on fiscal year basis. - §46-41 Budgets; financial records on fiscal year basis. Except as...

46-42 Reports by fiscal officers. - §46-42 Reports by fiscal officers. The director of finance of...

46-43 County records. - §46-43 County records. (a) Notwithstanding the provisions of any other...

46-44 REPEALED. - §46-44 REPEALED. L 2005, c 177, §7.

46-44.5 Lapsed warrant. - §46-44.5 Lapsed warrant. Any law to the contrary notwithstanding, any...

46-45 Excessive expenditures; penalty. - §46-45 Excessive expenditures; penalty. No council, or other board, committee,...

46-46 Excess expenditures; when permitted. - §46-46 Excess expenditures; when permitted. Any provision of law to...

46-47 Franchise fees, disposition of. - §46-47 Franchise fees, disposition of. All moneys received by any...

46-48 Deposit of funds in banks. - §46-48 Deposit of funds in banks. Chapter 38, relating to...

46-49 Interest on deposits. - §46-49 Interest on deposits. If any money deposited by the...

46-50 Short term investment of county moneys. - §46-50 Short term investment of county moneys. (a) The director...

46-51 Deposit of securities with mainland depositories. - §46-51 Deposit of securities with mainland depositories. The director of...

46-52 Deposit of securities. - §46-52 Deposit of securities. The directors of finance of the...

46-53 Loans to the State. - §46-53 Loans to the State. When there are county moneys...

46-54 Collection of delinquent license fees, taxes, and other amounts. - §46-54 Collection of delinquent license fees, taxes, and other amounts....

46-55 Schedule of council anticipated expenditures. - §46-55 Schedule of council anticipated expenditures. Notwithstanding any law to...

46-56 Purchasing. - §46-56 Purchasing. The director of finance of each county that...

46-61 Eminent domain; purposes for taking property. - §46-61 Eminent domain; purposes for taking property. Each county shall...

46-62 Eminent domain; proceedings according to chapter 101. - §46-62 Eminent domain; proceedings according to chapter 101. The proceedings...

46-63 Gift or sale of county property for care of aged persons. - §46-63 Gift or sale of county property for care of...

46-64 Disposition of surplus property. - §46-64 Disposition of surplus property. Any other law to the...

46-65 Parks in the charge of council. - §46-65 Parks in the charge of council. All public parks...

46-65.5 Exchange of park property. - §46-65.5 Exchange of park property. The counties may accept from...

46-65.6 Thomas Square; to be maintained. - §46-65.6 Thomas Square; to be maintained. Thomas Square shall be...

46-65.7 Ala Wai golf course. - §46-65.7 Ala Wai golf course. The fair commission of Hawaii...

46-66 Disposition of real property. - §46-66 Disposition of real property. Notwithstanding any other law to...

46-71 Service of process upon county. - §46-71 Service of process upon county. Service of any notice...

46-71.5 Indemnification of county agencies - §46-71.5 Indemnification of county agencies. (a) To receive county aid,...

46-72 Liability for injuries or damages; notice. - §46-72 Liability for injuries or damages; notice. Before the county...

46-72.5 Counties' limited liability for skateboard activities at public skateboard parks. - §46-72.5 Counties' limited liability for skateboard activities at public skateboard...

46-73 Claims for legislative relief; conditions. - §46-73 Claims for legislative relief; conditions. All claims for refunds,...

46-74 Waiver of exemption from assessment for improvements. - §46-74 Waiver of exemption from assessment for improvements. Notwithstanding sections...

46-74.1 Exemption from improvement assessments. - §46-74.1 Exemption from improvement assessments. Subject to sections 67-8 and...

46-74.2 Public land or land exempt from taxation, etc.; cost otherwise assessable against borne by city and county. - §46-74.2 Public land or land exempt from taxation, etc.; cost...

46-75 Improvement bonds exempt from taxation. - §46-75 Improvement bonds exempt from taxation. All bonds issued by...

46-76 Location of utility facilities in improvement districts. - §46-76 Location of utility facilities in improvement districts. Notwithstanding any...

46-77 Underground utility facilities in improvement districts. - §46-77 Underground utility facilities in improvement districts. Notwithstanding the provision...

46-78 Improvement districts, initiation by the State. - §46-78 Improvement districts, initiation by the State. Notwithstanding any provision...

46-79 CUSIP numbers for district improvement bonds or improvement district bonds of counties. - §46-79 CUSIP numbers for district improvement bonds or improvement district...

46-80 Improvement by assessment; financing. - §46-80 Improvement by assessment; financing. Any county having a charter...

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 s... - §46-80.1 Community facilities district. (a) Any county having a charter...

46-80.5 Special improvement district. - §46-80.5 Special improvement district. (a) In addition and supplemental to...

46-81 Reserve funds for payment of improvements. - §46-81 Reserve funds for payment of improvements. Any other law...

46-85 Contracts for solid waste disposal. - §46-85 Contracts for solid waste disposal. Any other law to...

46-86 Transactions for utility services. - §46-86 Transactions for utility services. Any other law to the...

46-87 Liquidated damages. - §46-87 Liquidated damages. Any other law to the contrary notwithstanding,...

46-88 Agricultural buildings and structures; exemptions from building permit and building code requirements. - §46-88 Agricultural buildings and structures; exemptions from building permit and...

46-89 Broadband-related permits; automatic approval. - §46-89 Broadband-related permits; automatic approval. (a) A county shall approve,...

46-101 Short title. - §46-101 Short title. This part shall be known and may...

46-102 Definitions. - §46-102 Definitions. As used in this part, the following words...

46-103 Establishment of tax increment district. - §46-103 Establishment of tax increment district. Any county council may...

46-104 County powers. - §46-104 County powers. A county may exercise any power necessary...

46-105 Collection of tax increments. - §46-105 Collection of tax increments. (a) The county by ordinance...

46-106 Tax increment bonds. - §46-106 Tax increment bonds. (a) A county may issue tax...

46-107 Tax increment bond anticipation notes. - §46-107 Tax increment bond anticipation notes. Whenever the county has...

46-108 Annual report. - §46-108 Annual report. The county council by ordinance may require...

46-109 Termination of a tax increment district. - §46-109 Termination of a tax increment district. A tax increment...

46-110 Tax increment fund. - §46-110 Tax increment fund. (a) Money shall be disbursed from...

46-111 Computation of tax increment. - §46-111 Computation of tax increment. (a) Upon or after creation...

46-112 Tax on leased redevelopment property. - §46-112 Tax on leased redevelopment property. Whenever property in the...

46-113 Cumulative effect. - §46-113 Cumulative effect. Neither this part nor anything contained in...

46-121 Findings and purpose. - Law Journals and Reviews Is Agricultural Land in Hawai €˜i...

46-122 Definitions. - §46-122 Definitions. The following terms when used in this chapter...

46-123 General authorization. - §46-123 General authorization. Any county by ordinance may authorize the...

46-124 Negotiating development agreements. - §46-124 Negotiating development agreements. The mayor or the designated agency...

46-125 Periodic review; termination of agreement. - §46-125 Periodic review; termination of agreement. (a) If, as a...

46-126 Development agreement; provisions. - §46-126 Development agreement; provisions. (a) A development agreement shall: (1)...

46-127 Enforceability; applicability. - §46-127 Enforceability; applicability. (a) Unless terminated pursuant to section 46-125...

46-128 Public hearing. - §46-128 Public hearing. No development agreement shall be entered into...

46-129 County general plan and development plans. - §46-129 County general plan and development plans. No development agreement...

46-130 Amendment or cancellation. - §46-130 Amendment or cancellation. A development agreement may be amended...

46-131 Administrative act. - §46-131 Administrative act. Each development agreement shall be deemed an...

46-132 Filing or recordation. - §46-132 Filing or recordation. The designated agency shall be responsible...

46-141 Definitions. - Revision Note Sections 46-141 to 46-148, enacted as a new...

46-142 Authority to impose impact fees; enactment of ordinances required. - §46-142 Authority to impose impact fees; enactment of ordinances required....

46-142.5 School impact districts; new building permit requirements. - §46-142.5 School impact districts; new building permit requirements. No new...

46-143 Impact fee calculation. - §46-143 Impact fee calculation. (a) A county council or board...

46-144 Collection and expenditure of impact fees. - §46-144 Collection and expenditure of impact fees. Collection and expenditure...

46-145 Refund of impact fees. - §46-145 Refund of impact fees. (a) If impact fees are...

46-146 Time of assessment and collection of impact fees. - §46-146 Time of assessment and collection of impact fees. Assessment...

46-147 Effect on existing ordinances. - §46-147 Effect on existing ordinances. This part shall not invalidate...

46-148 Transitions. - §46-148 Transitions. Any county requiring impact fees or imposing development...

46-161 Findings and purpose. - §46-161 Findings and purpose. The legislature finds that there is...

46-162 Definitions. - §46-162 Definitions. As used in this part, unless the context...

46-163 Conditions for the transfer of development rights. - §46-163 Conditions for the transfer of development rights. In addition...

46-164 Procedures. - §46-164 Procedures. Any county modifying its zoning ordinance or enacting...

46-165 Other rights not affected. - §46-165 Other rights not affected. Nothing in this part shall...

46-171 Actions for false claims to the counties; qui tam actions. - §46-171 Actions for false claims to the counties; qui tam...

46-172 Civil actions for false claims. - §46-172 Civil actions for false claims. The county corporation counsel...

46-173 Evidentiary determination; burden of proof. - §46-173 Evidentiary determination; burden of proof. A determination that a...

46-174 Statute of limitations. - §46-174 Statute of limitations. An action for false claims to...

46-175 Action by private persons. - §46-175 Action by private persons. (a) A person may bring...

46-176 Rights of parties to qui tam actions. - §46-176 Rights of parties to qui tam actions. (a) If...

46-177 Awards to qui tam plaintiffs. - §46-177 Awards to qui tam plaintiffs. (a) If a county...

46-178 REPEALED. - §46-178 REPEALED. L 2012, c 294, §4.

46-179 Fees and costs of litigation. - §46-179 Fees and costs of litigation. A county shall not...

46-180 Relief from retaliatory actions. - §46-180 Relief from retaliatory actions. (a) Notwithstanding any law to...

46-181 Certain actions barred. - §46-181 Certain actions barred. (a) In no event may a...

46-191 Definitions. - Note Part effective July 1, 2022. Cross References State emergency...

46-192 County emergency medical services system; establishment. - §46-192 County emergency medical services system; establishment. [See Note at...

46-193 County, functions; duties. - §46-193 County, functions; duties. [See Note at part heading.] In...

46-194 Emergency medical services; fees. - §46-194 Emergency medical services; fees. [See Note at part heading.]...

46-195 Community paramedicine program; established. - §46-195 Community paramedicine program; established. [See Note at part heading.]...

46-196 Emergency medical services; levels of service; contracts. - §46-196 Emergency medical services; levels of service; contracts. [See Note...

46-197 Grants. - §46-197 Grants. [See Note at part heading.] The county system...

46-198 Immunity and limitation on liability for emergency aeromedical services. - §46-198 Immunity and limitation on liability for emergency aeromedical services....

46-199 Rules. - §46-199 Rules. [See Note at part heading.] The county may...

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

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