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HRS §343-5.5

When a related project is exempt from environmental review

This section says that if a main project on private property needs a permit that does not require a public hearing or other discretionary approval, then any related work on infrastructure in a public road or right-of-way is exempt from this environmental review law. The applicant must provide proof from the agency that no further discretionary approvals are needed.

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The statute, as written — Exception to applicability of chapter

(a) Notwithstanding any other law to the contrary, for any primary action that requires a permit or approval that is not subject to a discretionary consent and that involves a secondary action that is ancillary and limited to the installation, improvement, renovation, construction, or development of infrastructure within an existing public right-of-way or highway, that secondary action shall be exempt from this chapter; provided that the applicant for the primary action shall submit documentation from the appropriate agency confirming that no further discretionary approvals are required. (b) As used in this section: "Discretionary consent" means: (1) An action as defined in section 343-2; or (2) An approval from a decision-making authority in an agency, which approval is subject to a public hearing. "Infrastructure" includes waterlines and water facilities, wastewater lines and wastewater facilities, gas lines and gas facilities, drainage facilities, electrical, communications, telephone, and cable television utilities, and highway, roadway, and driveway improvements. "Primary action" means an action outside of the highway or public right-of-way that is on private property. "Secondary action" means an action involving infrastructure within the highway or public right-of-way.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§343-2 Key terms used in the environmental review law

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.