RAPID/BulkTransmission/Hawaii/Land Access

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Hawaii Bulk Transmission Land Access(3-HI)

In Hawaii, a bulk transmission developer may need a State Land Right-of-Way to access state lands. Hawaii – Haw. Rev. Stat. Ann. §§ 171-95 et seq., Disposition to Government Agencies and Public Utilities. A developer may also need a Use and Occupancy Permit and/or a Permit to Construct Upon a State Highway from the Hawaii Department of Transportation Highways Division (HDTHD) to perform construction adjacent to and within the highway right-of-way, and/or park on a restricted section of highway under state jurisdiction. H.A.R. 19-105. A developer may also need approval from HDTHD to cross or enter the State Energy Corridor on Oahu.

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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

Hawaii Federal

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.