HCC §25-2-64
How the commission decides on a use permit
Read the official text at hawaiicounty.gov ↗The commission must decide on a use permit within 60 days after the public hearing, unless you agree to a longer time. If they don't decide in time, the permit is automatically approved, unless a contested case is pending. They can add conditions to the approval.
landowners
The ordinance, as written (Hawaiʻi County) — Action on use permit
A copy, taken August 21, 2026. The version published by Hawaiʻi County is the one that governs, and it may have changed since. Check it before relying on anything here.
(a) Within sixty days following the close of the public hearing or public hearings as the case may be, or within such longer period as agreed to by the applicant, the commission shall either deny or approve the application. The commission’s decision shall be accompanied by a statement of factual findings supporting the decision. (b) In approving any use permit application, the commission may issue the approval subject to conditions, including but not limited to hours of daily operation and terms of the use permit. The conditions imposed by the commission shall bear a reasonable relationship to the use permit granted. 25-37 SUPP. 10 (7-2021) (c) If the commission fails to render a decision within the prescribed period, the application shall be considered as being approved unless an extension is agreed to by all parties, provided that no contested case hearing pertaining to the use permit is pending before the commission. (d) Concurrent requests may be acted upon by the commission in conjunction with a use permit application. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2021, ord 21-24, sec 2.)25-2-64
Published by the County of Hawaiʻi Office of the County Clerk.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.