(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.
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Terms Used In Hawaii Revised Statutes 343-5.5

  • Action: means any program or project to be initiated by any agency or applicant. See Hawaii Revised Statutes 343-2
  • Agency: means any department, office, board, or commission of the state or county government which is a part of the executive branch of that government. See Hawaii Revised Statutes 343-2
  • Applicant: means any person who, pursuant to statute, ordinance, or rule, officially requests approval for a proposed action. See Hawaii Revised Statutes 343-2
  • Approval: means a discretionary consent required from an agency prior to actual implementation of an action. See Hawaii Revised Statutes 343-2
  • Discretionary consent: means a consent, sanction, or recommendation from an agency for which judgment and free will may be exercised by the issuing agency, as distinguished from a ministerial consent. See Hawaii Revised Statutes 343-2
(b) As used in this section:

“Discretionary consent” means:

(1) An action as defined in § 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.

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