Hawaii Demolition Licensing Law
Hawaii Code · 5 sections
The following is the full text of Hawaii’s demolition licensing law statutes as published in the Hawaii Code. For the official version, see the Hawaii Legislature.
Haw. Rev. Stat. § 171-1
Section
171-1 Definitions
171-2 Definition of public lands
171-3 Department of land and natural resources
171-4 Board of land and natural resources; terms and
qualifications of members of the board; organization;
expenses
171-4.5 Aha moku advisory committee; established
171-5 Meetings, regular, special; quorum
171-6 Powers
171-6.4 General administrative penalties
171-6.5 Repealed
171-7 General duties of the board
171-8 Land agents and other employees
171-8.5 KokeÂe state park advisory council
171-8.6 Risk assessment working group
171-9 Land districts
171-10 Classes of lands
171-11 Public purposes, lands set aside by the governor;
management
171-12 Permanent register of applicants for public lands
171-13 Disposition of public lands
171-14 Auction
171-14.5 Auction pre-qualification; agricultural and pasture
leases
171-15 Drawing
171-16 Notices
171-17 Appraisals
171-18 Public land trust
171-18.5 Sugarcane lands conveyed for the development of
housing projects
171-19 Special land and development fund
171-19.5 Repealed
171-20 Notice of breach or default
171-21 Rights of holder of security interest
171-22 Consent to mortgage
171-23 Land patents and deeds, issued when
171-24 Land conveyances, preparation, signing, record, copies
171-25 Irrigation projects
171-26 Rights-of-way to the sea, game management areas, and
public hunting areas
171-27 Taxes
171-28 Government-owned Hawaiian fishponds; sale prohibition
171-29 Report to legislature on all dispositions
171-30 Acquisition of real property; general
171-31 Depository for documents; filing, record
171-31.5 Disposition of abandoned or seized property
171-31.6 Criminal penalties
Part II. Dispositions, Generally
A. Policy and Planning
171-32 Policy
171-33 Planning; generally
171-34 Planning; intensive agricultural and pasture uses
B. Leases or Sales
171-35 Lease provisions; generally
171-36 Lease restrictions; generally
171-36.1 Reservation of rights to prehistoric and historic
remains on leased public lands
171-36.2 Public lands for historic preservation and
restoration
171-37 Lease restrictions; intensive agricultural and
pasture uses
171-37.5 Withdrawal or taking of leased land; fair compensation
171-38 Condemnation of leases
171-39 Leases; forfeiture
171-40 Expired leases; holdover
171-41 Commercial, industrial, and other business uses
171-41.5 Amendment of commercial, hotel, or industrial lease
171-42 Hotel and resort uses
171-43 Lease of campsites or sites for youth athletic and/or
educational activities
171-43.1 Lease to eleemosynary organizations
171-44 Lease for recreation-residence use
C. Residential Uses
171-45 Residence lots; sale or leases
171-46 Residential sales or leases; planning
171-47 Residence lots; improvement districts
171-48 Residence lots, requirements
171-49 Residence lots: unsold; forfeited; surrendered
171-49.5 Resale, first offer to board; limitation on resale
price
171-49.7 Public lands suitable and available for residential
development; inventory
D. Miscellaneous
171-50 Exchanges
171-50.1 Acquisition of lands for exchange under chapter 516
171-50.2 Exchanges for conversion of leasehold lands to fee
simple ownership
171-51 Quitclaim
171-52 Remnant
171-53 Reclamation and disposition of submerged or reclaimed
public land
171-54 Land license
171-55 Permits
171-55.5 Agricultural plots
171-56 Contract or license for concessions or concession
space
171-57 Reserved rights and easements
171-58 Minerals and water rights
171-58.5 Prohibitions
171-59 Disposition by negotiation
171-60 Development through private developer
171-61 Cancellation, surrender
171-62 Sales; payment, default
171-63 Waiver of restrictions
171-64 Covenants against discrimination
171-64.5 Nonconventional uses; department of health;
approval and authorization; Waimano ridge
171-64.7 Legislative approval of sale or gift of lands
Part III. Special Dispositions; Sales and Leases
Permitted Without Public Auction
A. Certain Agricultural Uses, Including Special
Livestock and Pasture
171-65 Leases, leases with option to purchase, sales
permitted; when
171-66 Planning
171-67 Restrictions; conditions
171-68 Applicants; qualifications of
171-69 Preference right
B. Residential Leases
171-70 Findings and declaration of necessity
171-71 Definitions
171-72 Subdivision, improvement and lease of public lands
171-73 Term, rent, and other conditions of residential leases
171-74 Qualifications of lessees
171-75 Persons disqualified to take residential leases
171-76 Preference right to residential lease
171-77 Transfers of title by bequest, devise, intestate
succession, or by operation of law, and upon
foreclosure
171-78 Notice; drawing
171-79 Purchase of fee title by lessee
171-80 Cancellation of leases
171-81 Surrender of lease
171-82 Approval by board
171-83 Costs of, and realization from, residential leasing
171-84 Leases to certain developers of housing for low and
moderate income families
C. Disposition to Victims of Natural Disaster
- Disposition for Other Than Residential or
Agricultural Purposes
171-85 Definitions
171-86 Purpose
171-87 Disposition to victims of natural disaster, when
171-88 Option to purchase
171-89 Applications
171-90 Eligibility
171-91 Notice of availability of leases; selection of lessees
171-92 Existing public leases
- Disposition for Residential Purposes
171-93 Authorization
171-94 Persons dispossessed or displaced
D. Disposition to Government Agencies and Public
Utilities
171-95 Disposition to governments, governmental agencies,
public utilities, and renewable energy producers
171-95.3 Renewable energy producers; lease of public lands
without public auction
171-95.5 Lease to public charter schools
171-96 Lease to foreign governments
Part IV. Relating to Existing Homestead Rights;
Continuation Thereof and Removal of Certain
Restrictions
171-97 Definition
171-98 Release of restrictions
171-99 Continuation of rights under existing homestead
leases, certificates of occupation, right of purchase
leases, and cash freehold agreements
171-100 Successor determination program
Part V. Lands for Agricultural Purposes
171-111 Repealed
171-112 Acquisition
171-113 to 116.5 Repealed
171-117 Public lands; agricultural park lands
171-118 Repealed
Part VI. Economic Development
171-121 Molokai forest lands, management program established
Part VII. Industrial Parks
171-131 Definitions
171-132 Designation of industrial park
171-133 Authority to plan, improve, develop, operate, and
maintain industrial parks
171-134 Industrial park development
171-135 Joint venture or development agreement
171-136 Disposition of public lands within industrial park
171-137 Preference
171-138 Repealed
171-139 Acquisition
171-140 Rules
171-141 Lease for eligible permittee in industrial park
171-142 Lease for lessees dislocated by condemnation
proceedings
171-143 Rate policy
171-144 Issuance of revenue bonds
Part VIII. Restoration of Beach Lands
171-151 Definitions
171-152 General powers
171-153 Beach restoration plan
171-154 Authority to lease coastal lands
171-155 Development of public coastal lands
171-156 Beach restoration special fund
[Part IX. Turtle Bay, Oahu]
171-171 Reimbursable general obligation bonds for
conservation easement and other real property
interests in Turtle Bay, Oahu
171-172 Turtle Bay conservation easement special fund
171-173 Turtle Bay appraisal and due diligence
171-174 Lease of Turtle Bay lands
Note
Department of transportation’s bridge rehabilitation and replacement program; temporary exemption from certain construction requirements of part II of this chapter through June 30, 2017 or until completion. L 2012, c 218.
Development of watershed management strategies by University of Hawaii in at least two of Hawaii’s most severely flood-impacted watersheds. L 2006, c 187.
Kakaako makai; conveyance of certain parcels to office of Hawaiian affairs. L 2012, c 15.
Priority mooring space for intra-county ferry service. L 2008, c 57, §2.
Relief for airport concessionaires (repealed July 1, 2013). L Sp 2009, c 33; L 2011, c 104, §2.
State purchase of private lands subject to approval. L 2015, c 119, §105.
Survey to identify potential historic districts and single-family residences for listing on Hawaii register of historic places; report to 2018 legislature. L 2015, c 89, §1.
Use of lands in public land trust; payments and accounting requirements. L 2006, c 178.
Water rights lease applications; annual reports to 2017-2020 legislature. L 2016, c 126, §2.
Cross References
Ala Wai boat harbor; leases, see §200-2.6.
Civil relief for state military forces, see chapter 657D.
Conclusive presumptions relating to duty of public entities to warn of dangers at public beach parks, see §663-1.56.
Disposition of state boating facility properties, see §200-2.5.
Environmental courts, jurisdiction over proceedings arising under this chapter, see §604A-2.
Exception to liability for county lifeguard services, see §663-1.52.
KahoÂolawe island reserve, see chapter 6K.
KokeÂe state park advisory council, see §171-8.5.
State facility renovation partnership program, see chapter 107D.
Transfer of non-agricultural park lands classified for agricultural use to department of agriculture, see chapter 166E.
Attorney General Opinions
Applies to any and all “public lands”, including ceded lands or lands acquired by the State by other means. Att. Gen. Op. 95-3.
Law Journals and Reviews
Native Hawaiians, Self-Determination, and the Inadequacy of the State Land Trusts. 14 UH L. Rev. 519.
Demolition of Native Rights and Self Determination: Act 55’s Devastating Impact through the Development of Hawaii’s Public Lands. 35 UH L. Rev. 297 (2013).
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Haw. Rev. Stat. § 205-1
Section
205-1 Establishment of the commission
205-2 Districting and classification of lands
205-3 Retention of district boundaries
205-3.1 Amendments to district boundaries
205-3.5 Reclassification of land contiguous to an agricultural
district; approval conditions
205-4 Amendments to district boundaries involving land areas
greater than fifteen acres
205-4.1 Fees
205-4.5 Permissible uses within the agricultural districts
205-4.6 Private restrictions on agricultural uses and activities;
not allowed
205-5 Zoning
205-5.1 to 5.3 Repealed
205-6 Special permit
205-7 Adoption, amendment or repeal of rules
205-8 Nonconforming uses
205-9 to 11 Repealed
205-12 Enforcement
205-13 Penalty for violation
205-14 Repealed
205-15 Conflict
205-16 Compliance with the Hawaii state plan
205-16.1, 16.2 Repealed
205-17 Land use commission decision-making criteria
205-18 Periodic review of districts
205-19 Contested cases
Part II. Shoreline Setbacks
205-31 to 37 Repealed
Part III. Important Agricultural Lands
205-41 Declaration of policy
205-42 Important agricultural lands; definition and
objectives
205-43 Important agricultural lands; policies
205-44 Standards and criteria for the identification of
important agricultural lands
205-44.5 Important agricultural lands; public lands
205-45 Petition by farmer or landowner
205-45.5 Important agricultural land; farm dwellings and
employee housing
205-46 Incentives for important agricultural lands
205-46.5 Agricultural processing facilities; permits; priority
205-47 Identification of important agricultural lands;
county process
205-48 Receipt of maps of eligible important agricultural
lands; land use commission
205-49 Designation of important agricultural lands;
adoption of important agricultural lands maps
205-50 Standards and criteria for the reclassification or
rezoning of important agricultural lands
205-51 Important agricultural lands; county ordinances
205-52 Periodic review and amendment of important agricultural
lands maps
Note
Prior law: L 1961, c 187.
Acquisition of important agricultural lands owned by the Galbraith Estate; department of land and natural resources powers, etc. L 2008, c 234, §§8 to 10.
Department of transportation’s bridge rehabilitation and replacement program; temporary exemption from certain construction requirements of this chapter through June 30, 2017 or until completion. L 2012, c 218.
Judiciary report to 2019 legislature on change in judicial proceedings made by L 2016, c 48. L 2016, c 48, §11.
Cross References
Acquisition of important agricultural lands, see §§163D-31 to 163D-33.
Private agricultural parks, see chapter 169.
Law Journals and Reviews
MahaÂulepu v. Land Use Commission: A Symbol of Change; Hawaii’s Land Use Law Allows Golf Course Development on Prime Agricultural Land by Special Use Permit. 13 UH L. Rev. 205.
Honolulu’s Ohana Zoning Law: To Ohana or Not to Ohana. 13 UH L. Rev. 505.
The Lum Court, Land Use, and the Environment: A Survey of HawaiÂi Case Law 1983 to 1991. 14 UH L. Rev. 119.
Residential Use of HawaiÂi’s Conservation District. 14 UH L. Rev. 633.
Dolan v. City of Tigard: Individual Property Rights v. Land Management Systems. 17 UH L. Rev. 193.
Is Agricultural Land in HawaiÂi “Ripe” for a Takings Analysis? 24 UH L. Rev. 121 (2001).
“Urban Type Residential Communities in the Guise of Agricultural Subdivisions:” Addressing an Impermissible Use of HawaiÂi’s Agricultural District. 25 UH L. Rev. 199 (2002).
Avoiding the Next HokuliÂa: The Debate over HawaiÂi’s Agricultural Subdivisions. 27 UH L. Rev. 441 (2005).
Ala Loop and the Private Right of Action Under HawaiÂi Constitution Article XI, Section 9: Charting a Path Toward a Cohesive Enforcement Scheme. 33 UH L. Rev. 367 (2010).
A Self-Executing Article XI, Section 9–The Door For a Bivens Action for Environmental Rights? 34 UH L. Rev. 187 (2012).
Demolition of Native Rights and Self Determination: Act 55’s Devastating Impact through the Development of Hawaii’s Public Lands. 35 UH L. Rev. 297 (2013).
The (Somewhat) False Hope of Comprehensive Planning. 37 UH L. Rev. 39 (2015).
Case Notes
Religious Land Use and Institutionalized Persons Act of 2000, assuming it was constitutional, did not facially invalidate Hawaii’s land use law. 229 F. Supp. 2d 1056 (2002).
Article XI, §9 of the Hawaii constitution is self-executing, and §205-12 imposes “reasonable limitations and regulations” that were applicable to the case which allowed the private right of action to enforce this chapter. 123 H. 391, 235 P.3d 1103 (2010).
Charter school failed to establish that community association’s claim under this chapter was moot, and even if the case was moot, the public interest exception applied as (1) appeals court ruling that there was no private right of action under this chapter injected the requisite degree of public concern; (2) public officials needed guidance as to whether private citizens have a private right of action to enforce this chapter; and (3) given the volume of land in this State and the frequency with which issues relating to this chapter have been litigated, the question of private party enforcement was likely to recur in the future. 123 H. 391, 235 P.3d 1103 (2010).
In the circumstances of the case, article XI, §9 of the Hawaii constitution created a private right of action to enforce this chapter, and the legislature confirmed the existence of that right of action by enacting §607-25, which allows for the recovery of attorneys’ fees in such actions. 123 H. 391, 235 P.3d 1103 (2010).
This chapter is a law relating to environmental quality within the meaning of article XI, §9 of the Hawaii constitution. 123 H. 391, 235 P.3d 1103 (2010).
As no private cause of action exists to enforce this chapter, appellants lacked standing to prosecute their claim under this chapter against landowner and circuit court lacked subject matter jurisdiction to consider this claim. 119 H. 164 (App.), 194 P.3d 1126 (2008).
Provisions of chapter provide authority to issue special use permits for golf courses on prime agricultural lands. 71 H. 332, 790 P.2d 906.
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Haw. Rev. Stat. § 53-1
Section
53-1 Definitions
53-2 Redevelopment agency; creation
53-3 Interest in project prohibited; disclosure of
interest
53-4 Removal of members
53-5 Powers and duties of agency
53-6 Initiation and approval of redevelopment plan
53-7 Urban renewal projects in disaster areas
53-8 Acquisition of lands in redevelopment project
53-9 Work on acquired areas; competitive contracts
53-10 Appraisal of lands of agency
53-11 Government instrumentalities to cooperate with agency
53-12 Sale and lease of acquired lands; preference
53-13 New constructions by agency
53-14 Agency exempt from real property taxes
53-15 Financial assistance of agency and office of urban
renewal coordinator; redevelopment fund
53-16 Bonds of agency
53-17 Bonds of agency to be legal investments
53-18 Investment of funds
53-19 Report
53-20 Auxiliary redevelopment area
53-21 Auxiliary redevelopment area; displaced persons
53-22 Governmental advances, donations, and other
appropriations
53-23 Redevelopment corporations; how created
53-24 Consent of agency to incorporation of redevelopment
corporations
53-25 Application of other corporation laws
53-26 Powers of redevelopment corporations
53-27 Limited return on investment
53-28 Consideration for issuance of stocks and bonds
53-29 Minimum amount of stock and debentures
53-30 Income debentures
53-31 Mortgages and mortgage bonds
53-32 Limitations
53-33 Advances by redevelopment corporation
53-34 Regulation of redevelopment corporations
53-35 Transfer of title or foreclosure of project
53-36 Dissolution
53-37 Participation by certain corporations
53-38 Tax exemption
53-39 No limitation of provisions by implication
Part II. Urban Renewal
53-51 Urban renewal projects
53-52 Urban renewal plan
53-53 Powers with respect to urban renewal
53-54 Assistance to urban renewal by counties and other
public bodies
53-55 Urban redevelopment coordinator, office created
53-56 Workable program, definition
53-57 Coordinator, appointment, term, removal
53-58 Coordinator, qualifications
53-59 Coordinator, duties and powers
53-60 Ordinance relating to repair, closing, and demolition
of dwellings unfit for human habitation
53-61 Repealed
Part III. Exercise of Urban Renewal Powers by a County
Directly
53-81 County may exercise urban renewal powers directly
53-82 Abolition of existing agency
53-83 Powers of county
53-84 Incurring of indebtedness by the county
53-85 Projects to constitute “undertakings”; revenues to
include certain federal moneys; imposition of rates
and charges
Case Notes
Chapter cited: 44 H. 154, 174, 352 P.2d 861.
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HRS §444-7.5
[§444-7.5] Asbestos contractors. (a) The board shall provide for the licensure or permitted activities as a specialty contractor of any person who engages in any activity involving the application, enclosure, removal, encapsulation, renovation, repair, demolition, or other disturbances of friable asbestos or asbestos-containing material that may become friable during the activity; provided that this section shall not apply to activities such as maintenance, repair, or removal of asbestos pipe or sheets, vinyl asbestos floor materials or asbestos-bituminous or resinous material as well as other activities that the board may exempt which are incidental to the primary purpose for which the contractor holds a license and if they were performed in a manner that no health hazard is posed to the public, the contractor, or the contractor's employees.
(b) No person shall be licensed as an asbestos contractor unless that person meets all requirements of subsection (c) in addition to the requirements in section 444-11.
(c) The licensing requirements and procedures, and the standards of conduct for individuals licensed as an asbestos contractor shall be as provided by rules and shall include, but shall not be limited to, provisions for the following:
(1) Examination;
(2) Registration of employees;
(3) Training, experience, and any other certification standards for contractors and their employees;
(4) Protective equipment standards;
(5) Application, enclosure, removal, encapsulation, renovation, repair and demolition procedures;
(6) Hazardous waste disposal;
(7) Clean-up procedures;
(8) Monitoring;
(9) Health examinations;
(10) Continuing education;
(11) Administrative procedures; and
(12) Fees.
The board shall consult with and shall initiate and maintain cooperative agreements with the departments of health, and labor and industrial relations, or any other state, federal, or county departments or agencies and the University of Hawaii or their community colleges in the development of these rules, and to develop procedures and methods for the enforcement of any asbestos activity.
(d) The board, the departments of commerce and consumer affairs, labor and industrial relations, and the department of health shall have the right of entry to any job site and access to any records of the licensee for purposes of inspection for health or safety hazards. Each agency shall be empowered to apply to a court of competent jurisdiction for an order restraining any activity at the job site which constitutes an imminent health or safety hazard.
(e) Any person who knowingly hinders or delays the board or the above departments in the performance of their duties, who knowingly fails to obtain the licenses or registrations required by this section, or otherwise knowingly violates this section shall be guilty of a misdemeanor.
(f) The board may, in addition to any other remedies provided by law, and after a hearing conducted pursuant to chapter 91, assess a fine not to exceed $5,000 for each violation of this section. For purposes of this subsection, each day's violation shall constitute a separate violation. [L 1987, c 157, §2]
Cross References
Asbestos pollution control, see chapter 342P.
HRS §444-9.1
§444-9.1 Issuance of building permits; owner-builder registration. (a) Each county or other local subdivision of the State which requires the issuance of a permit as a condition precedent to the construction, alteration, improvement, demolition, or repair of any building or structure shall also require that each applicant for such a permit file as a condition to the issuance of a permit a statement that the applicant and all specialty contractors are licensed in accordance with this chapter, giving the license numbers and stating that the licenses are in full force and effect, or, if the applicant is exempt from this chapter, the basis for the claimed exemption; provided that if the applicant claims an exemption under section 444-2.5, the applicant shall certify that the building or structure is for the applicant's personal use and not for use or occupancy by the general public. Each county or local subdivision of the State shall maintain an owner-builder registration list which shall contain the following information:
(1) The name of any owner or lessee who claims an exemption from this chapter as provided in section 444-2.5;
(2) The address of the property where exempt building or improvement activity is to occur;
(3) A description of the type of building or improvement activity to occur;
(4) The approximate dates of construction activity; and
(5) Whether any electrical or plumbing work is to be performed and if so, the name and license number of the person or entity who will do the work.
The absence of such registration is prima facie evidence that the exemption in section 444-2.5 does not apply.
(b) The county shall verify the license against a list of licensed contractors provided by the state contractors licensing board, which list shall be updated at least quarterly. The county shall also verify that the applicant is in fact the contractor so licensed or the contractor's duly authorized agent.
(c) The county shall provide applicants for the exemption under section 444-2.5 with a disclosure statement in substantially the following form:
"Disclosure Statement
State law requires construction to be done by licensed contractors. You have applied for a permit under an exemption to that law. The exemption provided in section 444-2.5, Hawaii Revised Statutes, allows you, as the owner or lessee of your property, to act as your own general contractor even though you do not have a license. You must supervise the construction yourself. You must also hire licensed subcontractors. The building must be for your own use and occupancy. It may not be built for sale or lease. If you sell or lease a building you have built yourself within one year after the construction is complete, the law will presume that you built it for sale or lease, which is a violation of the exemption, and you may be prosecuted for this. It is your responsibility to make sure that subcontractors hired by you have licenses required by state law and by county licensing ordinances. Electrical or plumbing work must be performed by contractors licensed under chapters 448E and 444, Hawaii Revised Statutes. Any person working on your building who is not licensed must be your employee which means that you must deduct F.I.C.A. and withholding taxes and provide workers' compensation for that employee, all as prescribed by law. Your construction must comply with all applicable laws, ordinances, building codes, and zoning regulations. If you violate section 444-2.5 or fail to comply with the requirements set forth in this disclosure statement, you may be fined $5,000 or forty per cent of the appraised value of the building as determined by the county tax appraiser, whichever is greater, for the first offense; and $10,000 or fifty per cent of the appraised value of the building as determined by the county tax appraiser, whichever is greater, for any subsequent offense."
The county shall not issue a building permit to the owner-applicant until the applicant signs a statement that the applicant has read and understands the disclosure form.
(d) A county building inspector or other building official shall report to the regulated industries complaints office the name and address of any person, who, in the opinion of the building inspector or official, has violated this chapter by accepting or contracting to accomplish work which would classify the person as a contractor under this chapter. [L 1974, c 112, pt of §1(1); am L 1978, c 147, §1; am L 1985, c 215, §2; gen ch 1985; am L 1989, c 142, §3; am L 1992, c 258, §2; am L 1996, c 172, §4; am L 2010, c 44, §4]
The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)