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.
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.|