Hawaii Bulk Transmission Land Access(3-HI)
For projects that require occupancy of a state highway or parking within restricted sections, in order for construction adjacent to or within a state highway ROW, developers will need to obtain a Use and Occupancy Permit from the Hawaii Department of Transportation Highways Division (HDOT) in accordance with H.A.R. 19-105 .
For projects that require routine construction/maintenance within a state highway ROW, including the minor adjustment of utilities or overhead or underground utility crossings, the developer must obtain a Permit to Perform Work on State Highways from the HDOT pursuant to H.R.S. 264-7 - Permits, Fees, Etc..
For projects that require crossing or entering the state Energy Corridor on Oahu due to construction activities, developers will need to obtain an approval letter to Cross or Enter the State Energy Corridor from the Hawaii Department of Transportation Harbors Division pursuant to H.R.S. 277 - Energy Corridors. The harbors division will not issue a letter of approval unless all three utilities (Hawaiian Electric Company, Hawaii Gas, and Par Petroleum) approve the proposal.
Determine Which State and Federal Permits Apply
Use this overview flowchart and following steps to learn which federal and state permits apply to your projects.
Permitting at a Glance
|State Land Right-of-Way:||Public utilities may need a lease, right-of-way, or easement to access state lands. Hawaii – Haw. Rev. Stat. Ann. §§ 171-95 et seq., Disposition to Government Agencies and Public Utilities.|
|State Land Right-of-Way Agency:||Hawaii Department of Land and Natural Resources|
|State Highway Right-of-Way:||Any installation of a utility facility within a highway right-of-way may need a Use and Occupancy Permit. A utility facility is defined as “all privately, publicly or cooperatively owned lines…for producing, transmitting or distributing…power, electricity…” H.A.R. 19-105-5.|
|State Highway Right-of-Way Agency:||Hawaii Department of Transportation Highways Division|
|Eminent Domain:||"[E]very person operating a public utility [has] the power of eminent domain." Haw. Rev. Stat. § 101-4.|