← Back to search

HRS §441-4

County approval for cemetery location and boundaries

Cemeteries are exempt from general subdivision laws, but each county can make its own cemetery rules. You must get county council approval for a new cemetery's location and boundaries, or for any expansion, and show that approval when filing the dedication certificate.

everyone

The statute, as written — Subdivision law not applicable; approval of location and boundaries by council

No provision of law, ordinance, or government regulation relating generally to subdivisions, or the sale or transfer of land within subdivisions, shall be applicable to cemeteries. Each county may enact ordinances dealing separately with the development of cemeteries. No cemetery shall hereafter be established, nor shall the boundaries of any existing cemetery be extended, without the location and boundaries of the cemetery or extension thereof having first been approved by the council of the county in which the cemetery is located. The approval may be endorsed in writing by authority of the council, upon the certificate of dedication referred to in section 441-2, and the registrar of conveyances or the assistant registrar of the land court, shall not accept for filing any certificate of dedication without such endorsement or, in lieu thereof, a certified copy of a resolution of the council approving the location and boundaries of the cemetery or extension thereof which resolution shall be recorded.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§441-2 Cemetery owners must file a dedication certificate

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