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HCC §8-4

When the subdivision land dedication rule does not apply

Read the official text at hawaiicounty.gov ↗

This section lists situations where the county's land dedication rule does not apply. It covers certain types of subdivisions, like those for public utilities, industrial use, or boundary adjustments. It also includes older approvals and some government or nonprofit projects.

developerslandowners

The ordinance, as written (Hawaiʻi County) — Exemptions

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) This article shall not apply to: (1) Subdivision of land in any district where the ratio of acres of public parks and playgrounds within the district and not federally owned, to the resident population within the district is greater than the minimum ratio of five acres of land for parks and playground purposes for each one thousand persons; (2) Subdivision of land for which tentative approval has been granted prior to December 27, 1977; (3) Subdivisions for a public utility or public facility and which will not be provided with or developed into dwelling units; (4) Subdivision of land for industrial or commercial use subdivisions; (5) Subdivisions of land into two or more lots only for the purpose of clarifying public records or adjustment of boundaries, provided that no additional lots will be created; DEDICATION OF LAND § 8-4 (6)Subdivision of land into two or more lots for agricultural purposes and which will not be developed under this subdivision application, into dwelling or lodging units. The subdivider desiring such an exception shall file with the director a certified statement therefor, stating fully the grounds for the exception and that the subdivided land shall not be provided with dwelling or lodging units. These conditions shall be duly recorded with the bureau of conveyances and shall run with the land. These conditions may be revoked if the subdivider or landowner agrees to pay a fee pursuant to section 8-8; (7) A planned unit development project for which the planning commission has held a public hearing prior to December 27, 1977; (8) Subdivisions of buildings, for which a preliminary plan approval has been given in accordance with the provisions of chapter 25, article 2, of the zoning code; and (9) Subdivision by any governmental agency or nonprofit organization, or subdivision involving the construction of homes pursuant to chapter 359G, Hawai‘i Revised Statutes.* * Editor’s Note: Chapter 359G, Hawai‘i Revised Statutes, was repealed.
Read the official text at hawaiicounty.gov ↗as published Jul 16, 2026our copy taken Aug 21, 2026

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.