RAPID/BulkTransmission/Hawaii/Land Access

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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.

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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 Agency: Hawaii Department of Land and Natural Resources.
State Land Right of Way Process: A developer must apply to the State Land Board to obtain a right of way or easement across Hawaii state lands. It is within the board's discretion to "grant licenses and easements to public utilities on such terms and conditions as the board may determine. Hawaii – Haw. Rev. Stat. Ann. §§ 171-95 et seq., Disposition to Government Agencies and Public Utilities.
State Highway Right of Way Agency: Hawaii Department of Transportation Highways Division
State Highway Right of Way Process: Developers constructing transmission adjacent to or within a state highway right-of-way must obtain a Use and Occupancy Permit from the 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.

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