HB 1710: Historic Preservation; State Historic Preservation Division Review; Historic Properties; Private Properties; Project Review; Review Period
- Session Year: 2025-2026
- House: House
- Latest Version Date: 2026-05-01
Current Status:
Passed
(2026-06-04: Act 076, on 06/03/2026 (Gov. Msg. No. 1176).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
What does this bill do?
The bill changes how the State Historic Preservation Division reviews projects that may affect historic places, affecting private landowners and anyone applying for state or county permits. It allows the division to do phased reviews for large or staged projects, requires written approval or objection within 90 days (35 days when no historic properties are affected) after a complete application — and lets applicants assume approval if the division misses the deadline — and expands review of 50+ year homes to include ground‑disturbing work where burials are known.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Authorizes SHPD to conduct a phased review of a proposed project on private property under certain circumstances. Amends the process and deadlines by which SHPD must provide written concurrence or non-concurrence for proposed projects on private property or certain projects that require state or county approval for entitlement for use, after which concurrence may be assumed and the project may move to the next step in the compliance process. Amends the conditions under which a proposed project on an existing privately owned single-family detached dwelling unit or townhouse that is over fifty years old shall be subject to section 6E-42, HRS. (CD1)
Authorizes the State Historic Preservation Division to conduct a phased review of a proposed project on private property under certain circumstances. Amends the process and deadlines by which SHPD must provide written concurrence or non-concurrence for proposed projects on private property or certain projects that require state or county approval for entitlement for use. Clarifies when an application for a proposed project on an existing privately-owned residential property shall be subject to the requirements of section 6E-42, HRS. Effective 7/1/3000. (SD1)
Authorizes SHPD to conduct a phased review of a proposed project on private property under certain circumstances. Amends the process and deadlines by which SHPD must provide written concurrence or non-concurrence for proposed projects on private property or certain projects that require state or county approval for entitlement for use, after which concurrence may be assumed and the project may move to the next step in the compliance process. Effective 7/1/3000. (HD2)
Authorizes SHPD to conduct a phased review of a proposed project on private property under certain circumstances. Amends the process and deadlines by which SHPD must provide written concurrence or non-concurrence for proposed projects on private property or certain projects that require state or county approval for entitlement for use, after which concurrence may be assumed and the project may proceed. Effective 7/1/3000. (HD1)
Authorizes SHPD to conduct a phased review of a proposed project on private property under certain circumstances. Amends the process and deadlines by which SHPD must provide written concurrence or non-concurrence for a proposed project on private property or other project that requires entitlement for use, after which concurrence may be assumed and the project may proceed.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1710 |
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THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 2 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO HISTORIC PRESERVATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 6E-2, Hawaii Revised Statutes, is amended by amending the definition of "complete submittal" to read as follows:
""Complete submittal" means a packet that includes:
(1) A submittal form;
(2) [A permit set
or sixty per cent-complete
project drawing set;] An application number;
(3) A site plan that identifies the project area and locations of ground disturbance;
(4) A written scope of work that identifies the length, width, and depth of ground disturbance and the narrative boundaries of the project area;
(5) Photographs of the property and at least one photograph of each elevation of existing buildings or structures on the property;
(6) A map indicating the boundaries of the project area that include any associated construction, ground disturbance, or setting and staging areas;
(7) For projects submitted under this chapter:
(A) A copy of previous archaeological, architectural, or cultural resource survey for the property; or
(B) A literature review and field inspection for archaeological resources or windshield survey for architectural resources for the tax map key or portion of the tax map key where the project area is located;
(8) For projects submitted under section 6E-42, a copy of the building permit application associated with the project; and
(9) For projects where
historic properties are identified as having
a high potential effect level under section [6E-42(f),] 6E-42(h),
documentation of consultation with the office of Hawaiian affairs and any
associated comments the applicant received from the office of Hawaiian
affairs."
SECTION 2. Section 6E-10, Hawaii Revised Statutes, is amended to read as follows:
"§6E-10 Privately owned historic property. (a) Before any construction, alteration, disposition, or improvement of any nature, by, for, or permitted by a private landowner may be commenced that will affect a historic property on the Hawaii register of historic places, the landowner shall notify the department of the construction, alteration, disposition, or improvement of any nature and allow the department the opportunity to review the effect of the proposed construction, alteration, disposition, or improvement of any nature on the historic property. If:
(1) The proposed construction, alteration, disposition, or improvement consists of corridors or large land areas;
(2) Access to the property or properties is restricted; or
(3) Circumstances dictate that construction, alteration, disposition, routine maintenance, or improvement be done in stages or repeatedly executed to ensure the preservation of historic properties,
the department's review may be based on a phased review of the project or long-term maintenance of the property; provided that there shall be a programmatic agreement executed among the department, the property owner, and any project proponent that identifies each phase and the estimated timeline of each phase or the long-term and repeated maintenance activities that are required to preserve the historic property.
(b)
The department shall provide written concurrence or non-concurrence
within ninety calendar days, or within thirty-five calendar days if no historic
properties are adversely affected by the proposed construction, alteration,
disposition, or improvement, after the department has processed a complete
submittal filed by the property owner.
The department shall certify a complete submittal within five business
days of its filing. The proposed
construction, alteration, disposition, or improvement of any nature shall not
be commenced, or in the event it has already begun, continue, until the
department has given its [concurrence
or ninety days have elapsed. Within
ninety days after notification, the department shall:
(1) Commence
condemnation proceedings for the purchase of the historic property if the
department and property owner do not agree upon an appropriate course of
action;
(2) Permit the
owner to proceed with the owner's construction, alteration, or improvement; or
(3) In coordination
with the owner, undertake or permit the investigation, recording, preservation,
and salvage of any historical information deemed necessary to preserve Hawaiian
history, by any qualified agency for this purpose.
(b)] written concurrence or
non-concurrence. If the department fails
to provide written concurrence or non-concurrence within ninety calendar days,
or within thirty-five calendar days if no historic properties are adversely
affected by the proposed project, after receiving and certifying a true and
complete submittal from the property owner, the property owner may assume the
department's concurrence for the proposed project and may move to the next step
in the compliance process.
(c) The property owner shall ensure any application filed by the property owner for the proposed construction, alteration, disposition, or improvement is complete and accurate. If the department:
(1) Determines the application is not a complete submittal;
(2) Requires additional information or clarification regarding the physical scope of work; or
(3) Requires an archaeological survey or reconnaissance level survey for architectural resources,
the department shall notify the property owner and specify the additional information needed to meet the requirements for a complete submittal. The review period for the proposed project shall be tolled until a complete submittal is made to the department. Once the department has received a complete submittal, the applicable review period shall restart.
(d) Once the department has provided written concurrence or fails to timely provide non-concurrence on the project effect determination and any necessary mitigation measures have been identified and agreed upon for a proposed project, the property owner may commence the project, and the project shall be exempt from further review by the department unless there is a change to the project's physical scope of work or project area or unless additional historic properties, aviation artifacts, or burial sites are identified within the project area; provided that:
(1) If there is a change in the project's physical scope of work or project area or if additional historic properties or aviation artifacts are identified within the project area post-review, the property owner shall notify the department within forty-eight hours of the discovery. The notification shall include a description of the historic property or aviation artifact and propose actions to avoid, minimize, or mitigate adverse effects. The department shall respond within five business days of the notification with an assessment of the historic property or aviation artifact and shall provide concurrence or non-concurrence with the actions proposed to avoid, minimize, or mitigate adverse effects. The property owner shall provide the department with a report of the agreed upon actions when they are completed; and
(2) If a burial site is inadvertently discovered, the property owner shall proceed pursuant to section 6E-43 or 6E-43.6, or both, as appropriate.
[(c)] (e) Nothing in this section shall be construed to
prevent the ordinary maintenance or repair of any feature in or on a historic property that does not
involve a change in design, material, or outer appearance or change in those
characteristics that qualified the
historic property for entry onto the Hawaii register of historic places.
[(d)] (f) Any person, natural or corporate, who
violates the provisions of this section shall be fined not more than $1,000, and each day of continued violation shall
constitute a distinct and separate offense under this section for which the
offender may be punished.
[(e)] (g) If funds for the acquisition of needed
property are not available, the governor may, upon the recommendation of the
department, allocate from the
contingency fund an amount sufficient to acquire an option on the property or
for the immediate acquisition, preservation, restoration, or operation of the
property.
[(f)] (h) The department may enter, solely in
performance of its official duties and only at reasonable times, upon private
lands for examination or survey thereof.
Whenever any member of the department duly authorized to conduct
investigations and surveys of a
historic or cultural nature determines that entry onto private lands for
examination or survey of historic or cultural finding is required, the
department shall give written notice of the finding to the owner or occupant of
the property at least five days before
entry. If entry is refused, the member
may make a complaint to the district environmental court in the circuit in
which the land is located. The district environmental court may
thereupon issue a warrant, directed to any police officer of the circuit,
commanding the officer to take sufficient aid, and, being accompanied by a
member of the department, between the hours of sunrise and sunset, allow the
member of the department to examine or survey the historic or cultural
property."
SECTION 3. Section 6E-42, Hawaii Revised Statutes, is amended to read as follows:
"§6E-42 Review of proposed projects. (a) Except as provided in section 6E-42.2, before any agency or officer of the State or its political subdivisions approves any project involving a permit, license, certificate, land use change, subdivision, or other entitlement for use that may affect historic property, aviation artifacts, or a burial site, the agency or officer shall advise the department and, before any approval, allow the department an opportunity for review and comment on the effect of the proposed project on historic properties, aviation artifacts, or burial sites, consistent with section 6E-43, including those listed in the Hawaii register of historic places. If:
(1) The proposed project consists of corridors or large land areas;
(2) Access to properties is restricted; or
(3) Circumstances dictate that construction be done in stages,
the department's review and comment may be based on a phased review of the project; provided that there shall be a programmatic agreement between the department and the project applicant that identifies each phase and the estimated timelines for each phase.
(b) The department shall provide written concurrence or non-concurrence within ninety calendar days, or within thirty-five calendar days if no historic properties are adversely affected by the proposed project, after the filing of a request with the department. If the department fails to provide written concurrence or non-concurrence with a project effect determination within ninety calendar days, or within thirty-five calendar days if no historic properties are adversely affected by the proposed project, of receiving a true and complete submittal for a project, the lead agency may assume the department's concurrence and the project may move to the next step in the compliance process.
(c) The project applicant shall ensure that its application is complete and accurate. If the department:
(1) Determines the application is not a complete submittal;
(2) Requires additional information or clarification regarding the physical scope of work; or
(3) Requires an archaeological survey or reconnaissance level survey for architectural resources,
the department shall notify the applicant and specify the additional information needed to meet the requirements for a complete submittal. The review period for the proposed project shall be tolled until a complete submittal is made to the department. Once the department has received a complete submittal, the applicable review period shall restart.
[(b)] (d) Once the department has provided
written concurrence or fails to timely provide non-concurrence on the
project effect determination and any necessary mitigation measures have been
identified and agreed upon for a proposed project, the appropriate agency or
officer of the State or any of its political subdivisions may commence the
project, and the project shall be exempt from further review by the department
unless there is a change to the project's physical scope of work or project
area or unless additional historic properties, aviation artifacts, or burial
sites are identified within the project area; provided that:
(1) If there is a change in the project's physical scope of work or project area or if additional historic properties or aviation artifacts are identified within the project area post-review, the appropriate agency or officer of the State or any of its political subdivisions shall notify the department within forty-eight hours of the discovery. The notification shall include a description of the historic property or aviation artifact and propose actions to avoid, minimize, or mitigate adverse effects. The department shall respond within five business days of the notification with an assessment of the historic property or aviation artifact and shall provide concurrence or non-concurrence with the actions proposed to avoid, minimize, or mitigate adverse effects. The appropriate agency or officer of the State or any of its political subdivisions shall provide the department with a report of the agreed upon actions when they are completed; and
(2) If a burial site is inadvertently discovered, the appropriate agency or officer of the State or any of its political subdivisions shall proceed pursuant to section 6E-43 or 6E-43.6, or both, as appropriate.
[(c)] (e) The department shall inform the public of any
project proposals submitted to the department under this section that are not
otherwise subject to the requirement of a public hearing or other public
notification.
[[(d)]] (f) Whenever the project involves the development
of residential units or
mixed-use development, as long as a majority of the mixed-use development is
residential, and after an initial evaluation, the department determines
that:
(2) The third-party
consultant has the qualifications and experience required by subsection [[(e)]]
(g) to conduct the review; and
(3) The contract with the third-party consultant:
(A) Requires the third-party consultant to provide a recommendation to the department within thirty days of the date that the consultant is retained to conduct the review and comment; and
(B) Allows the department to reserve the right to determine whether use of a third-party consultant was appropriate and terminate the contract if the third-party consultant:
(i) Has evidenced insufficient compliance with the state historic preservation laws and rules; or
(ii) Has not completed assigned historic preservation reviews accurately,
then the department may retain a third-party consultant to conduct the review and comment described under subsection (a) no later than sixty days after being advised pursuant to subsection (a); provided that this subsection shall not apply to projects that trigger section 106 of the National Historic Preservation Act of 1966, as amended.
[[(e)]] (g) Whenever the department retains any
third-party consultant, including any architect, engineer, archaeologist,
planner, or other professional, to review an application for a permit, license,
or approval under subsection [[(d)],] (f), the third-party
consultant shall:
(1) Meet the educational and experience standards as well as the qualifications for preservation professionals pursuant to rules adopted by the state historic preservation division;
(2) Follow state ethics rules; and
(3) Not review any project that the third-party consultant or the consultant's employer has previously worked on.
[[(f)]] (h) The project proponent shall pay the
reasonable fee requirements of the third-party consultant; provided that the
project proponent may contract with or sponsor any county, housing authority,
non-profit organization, or person to meet the fee requirements.
[[(g)]] (i) Counties
deriving and expending revenues on mass transit stations pursuant to section
46-16.8 may request programmatic review by the department for a majority-residential mixed-use
transit-oriented development or residential transit-oriented development where
a permit, license, certificate, land use change, subdivision, or other
entitlement may be required.
[[(h)]] (j) No later
than January 1, [2026,] 2028, the counties and the Hawaii
community development authority shall work with the department to identify and
submit to the department specific parcels and rights-of-way in proximity to
mass transit stations where a
majority-residential mixed-use transit-oriented development, a residential transit-oriented
development, or infrastructure is specifically consistent with a comprehensive
general plan adopted pursuant to section 46-4; provided that the
counties and Hawaii community development authority shall:
(1) First consult with the department and agree through memorandum on the mass transit stations, and specific transit-oriented development parcels and rights-of-way, scoping the potential area for initiating programmatic review; and
(2) Then solicit requests and consent from non-county landowners to have their parcels and rights-of-way within the scoped area of the memorandum initiating programmatic review to proceed with the programmatic review process.
[[(i)]] (k) The
department shall review all parcels and rights-of-way submitted by the counties
and the Hawaii community development authority pursuant to the scoping
memorandum and classify each parcel and right-of-way, within six months of
submittal, according to the risk that a majority-residential mixed-use transit-oriented development or
residential transit-oriented development may pose to historic properties. The classification shall be categorized into three categories, in order of potential effect level
from high to low,
in the categories of architecture, archaeology, and history and culture;
provided that:
(1) All county and
non-county and Hawaii
community development authority parcels and [[]rights-of-way[]]
for programmatic review shall include the county's or the Hawaii community development
authority's assessment of whether development on each parcel or
right-of-way may affect historic property, aviation artifacts, or a burial
site; and
(2) The assessment is based on:
(A) The Hawaii or national register of historic places;
(B) The age of above-surface structures;
(C) Any existing archaeological inventory surveys previously accepted by the department;
(D) Any burial treatment plans accepted by the department;
(E) The type of substrate known to typically contain burials;
(F) Consultation with the:
(i) Relevant island burial council; and
(ii) Office of Hawaiian affairs; and
(G) Any other literary review relevant to the area.
[[(j)]] (l) The
department shall work with the county that made the submittal and the Hawaii
community development authority to develop and agree on permitting memoranda
within three months of classification regarding development best practices,
including continued identification, addressing levels of risk for the lower two
effect levels in each of the categories, including but not limited to creating
photo inventories, conducting an archaeological field survey, archaeological
excavation, or onsite archaeological monitoring, and the presence of onsite
archaeological monitoring, and consider these best practices as standardized
for activities conducted under this section.
A county and the Hawaii community development authority shall incorporate by reference these best practices as conditions of approval for any project involving a permit, license, certificate, land use change, subdivision, or other entitlement for use.
[[(k)]] (m) Parcels and
rights-of-way identified by the department where all categories are rated in
the lower two effect levels shall be considered to comply with [subsections]
subsection (a) or [(b)] (d) or section 6E-8 regarding
state or county lands or projects, and any subsequent permit, license,
certificate, land use change, subdivision, or other entitlement for use shall
not require referral to or written concurrence from the department on project effect
determination and mitigation measures; provided that:
(1) The project is or includes infrastructure to support the development of:
(A) A majority-residential mixed-use transit-oriented development; or
(B) A residential transit-oriented development;
(2) The project has reached substantial construction by June 30, 2036; and
(3) Development activities have commenced consistent with best practices to address the applicable level of risk.
[[(l)]] (n) Any parcels
or rights-of-way characterized as highest risk shall require referral to the
department pursuant to subsection (a).
[[(m)]] (o) Section
6E-43.6 shall apply in the event of an inadvertent discovery of a burial site.
[[(n)]] (p) The Hawaii
housing finance and development corporation may submit to the department any
additional parcels or rights-of-way for programmatic review if the counties do
not provide a submittal pursuant to subsection [[(h)];] (j); provided that the same
analysis shall be conducted pursuant to subsection [[(i)],] (k), and the department
shall classify the submittal within six months of receipt.
[[(o)]] (q) The Hawaii
community development authority may submit parcels or rights-of-way within its
jurisdiction to the department for review, and any parcels or rights-of-way
identified by the department for which all categories are rated in the lower
two effect levels shall be considered to comply with [subsections] subsection
(a) or [(b)] (d) or section 6E-8 regarding state or county lands
or projects, and any subsequent permit, license, certificate, land use change,
subdivision, or other entitlement for use shall not require referral to the
department; provided that:
(1) The project is or includes infrastructure to support the development of:
(A) A majority-residential mixed-use transit-oriented development; or
(B) A residential transit-oriented development;
(2) The project has reached substantial construction by June 30, 2036;
(3) Development activities have commenced consistent with best practices to address the applicable level of risk; and
(4) The department shall classify the submittal within six months of receipt.
[[(p)]] (r) The
department shall adopt rules in accordance with chapter 91 to implement this
section.
[[(q)]] (s) For the purposes of this section, "majority-residential mixed-use
transit-oriented development" means a mixed-use transit-oriented
development project where the majority of the project is residential and may
include off-site infrastructure."
SECTION 4. Section 6E-42.2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) An application for a proposed project on an
existing privately-owned single-family detached dwelling unit or townhouse
shall be subject to the requirements of section 6E-42 only if the single-family
detached dwelling unit or townhouse is over fifty years old and [is:]
(1) [Listed] The
property is listed on the Hawaii or national register of historic places,
or both;
(2) [Nominated]
The property is nominated for inclusion on the Hawaii or national
register of historic places, or both; [or]
(3) [Located] The
property is located in a historic district[.]; or
(4) The proposed project includes ground-disturbing activity on a property that contains previously identified burials or cemeteries."
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 2026, after the amendments made to section 6E-42, Hawaii Revised Statutes, by Act 306, Session Laws of Hawaii 2025, take effect; provided that the amendments made to section 6E-42, Hawaii Revised Statutes, by section 3 of this Act shall not be repealed when that section is reenacted on June 30, 2030, pursuant to section 7 of Act 306, Session Laws of Hawaii 2025.
Report Title:
Historic Preservation; State Historic Preservation Division Review; Historic Properties; Private Properties; Project Review; Review Period
Description:
Authorizes SHPD to conduct a phased review of a proposed project on private property under certain circumstances. Amends the process and deadlines by which SHPD must provide written concurrence or non-concurrence for proposed projects on private property or certain projects that require state or county approval for entitlement for use, after which concurrence may be assumed and the project may move to the next step in the compliance process. Amends the conditions under which a proposed project on an existing privately owned single-family detached dwelling unit or townhouse that is over fifty years old shall be subject to section 6E-42, HRS. (CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1710 |
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THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 2 |
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A BILL FOR AN ACT
RELATING TO HISTORIC PRESERVATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 6E-2, Hawaii Revised Statutes, is amended by amending the definition of "complete submittal" to read as follows:
""Complete submittal" means a packet that includes:
(1) A submittal form;
(2) A permit set or sixty per cent-complete project drawing set;
(3) A site plan that identifies the project area and locations of ground disturbance;
(4) A written scope of work that identifies the length, width, and depth of ground disturbance and the narrative boundaries of the project area;
(5) Photographs of the property and at least one photograph of each elevation of existing buildings or structures on the property;
(6) A map indicating the boundaries of the project area that include any associated construction, ground disturbance, or setting and staging areas;
(7) For projects
submitted under this [section:] chapter:
(A) A copy of previous archaeological, architectural, or cultural resource survey for the property; or
(B) A literature review and field inspection for archaeological resources or windshield survey for architectural resources for the tax map key or portion of the tax map key where the project area is located;
(8) For projects submitted under section 6E-42, a copy of the building permit application associated with the project; and
(9) For projects where
historic properties are identified as having
a high potential effect level under section [6E-42(f),] 6E-42(h),
documentation of consultation with the office of Hawaiian affairs and any
associated comments the applicant received from the office of Hawaiian affairs."
SECTION 2. Section 6E-10, Hawaii Revised Statutes, is amended to read as follows:
"§6E-10 Privately owned historic property. (a) Before any construction, alteration, disposition, or improvement of any nature, by, for, or permitted by a private landowner may be commenced that will affect a historic property on the Hawaii register of historic places, the landowner shall notify the department of the construction, alteration, disposition, or improvement of any nature and allow the department the opportunity to review the effect of the proposed construction, alteration, disposition, or improvement of any nature on the historic property. If:
(1) The proposed construction, alteration, disposition, or improvement consists of corridors or large land areas;
(2) Access to the property or properties is restricted; or
(3) Circumstances dictate that construction, alteration, disposition, routine maintenance, or improvement be done in stages or repeatedly executed to ensure the preservation of historic properties,
the project proponent or landowner may complete a preservation plan to guide preservation-related maintenance intervals and set up a timeline for proposed preservation-related repair or restoration work, which may include construction activities. The department shall review and approve the preservation plan before implementation.
(b)
The department shall provide written concurrence or non-concurrence
within ninety calendar days, or within thirty calendar days if no historic
properties are adversely affected by the proposed construction, alteration,
disposition, or improvement, after the department has processed a complete
submittal filed by the property owner.
The department shall certify a complete submittal within five business
days of its filing. The proposed
construction, alteration, disposition, or improvement of any nature shall not
be commenced, or in the event it has already begun, continue, until the
department has given its [concurrence
or ninety days have elapsed. Within
ninety days after notification, the department shall:
(1) Commence
condemnation proceedings for the purchase of the historic property if the
department and property owner do not agree upon an appropriate course of
action;
(2) Permit the
owner to proceed with the owner's construction, alteration, or improvement; or
(3) In coordination
with the owner, undertake or permit the investigation, recording, preservation,
and salvage of any historical information deemed necessary to preserve Hawaiian
history, by any qualified agency for this purpose.
(b)] written concurrence or
non-concurrence.
(c) The property owner shall ensure any application filed by the property owner for the proposed construction, alteration, disposition, or improvement is complete and accurate. If the department:
(1) Determines the application is not a complete submittal;
(2) Requires additional information or clarification regarding the physical scope of work; or
(3) Requires an archaeological survey or reconnaissance level survey for architectural resources,
the department shall notify the property owner and specify the additional information needed to meet the requirements for a complete submittal. The review period for the proposed project shall be tolled until a complete submittal is made to the department. Once the department has received a complete submittal, the applicable review period shall restart.
(d) Once the department has provided written concurrence on the project effect determination and any necessary mitigation measures have been identified and agreed upon for a proposed project, the property owner may commence the project, and the project shall be exempt from further review by the department unless there is a change to the project's physical scope of work or project area or unless additional historic properties, aviation artifacts, or burial sites are identified within the project area; provided that:
(1) If there is a change in the project's physical scope of work or project area or if additional historic properties or aviation artifacts are identified within the project area post-review, the property owner shall notify the department within forty-eight hours of the discovery. The notification shall include a description of the historic property or aviation artifact and propose actions to avoid, minimize, or mitigate adverse effects. The department shall respond within five business days of the notification with an assessment of the historic property or aviation artifact and shall provide concurrence or non-concurrence with the actions proposed to avoid, minimize, or mitigate adverse effects. The property owner shall provide the department with a report of the agreed upon actions when they are completed; and
(2) If a burial site is inadvertently discovered, the property owner shall proceed pursuant to section 6E-43 or 6E-43.6, or both, as appropriate.
[(c)] (e) Nothing in this section shall be construed to
prevent the ordinary maintenance or repair of any feature in or on a historic property that does not
involve a change in design, material, or outer appearance or change in those
characteristics that qualified the
historic property for entry onto the Hawaii register of historic places.
[(d)] (f) Any person, natural or corporate, who
violates the provisions of this section shall be fined not more than $1,000, and each day of continued violation shall
constitute a distinct and separate offense under this section for which the
offender may be punished.
[(e)] (g) If funds for the acquisition of needed
property are not available, the governor may, upon the recommendation of the
department, allocate from the
contingency fund an amount sufficient to acquire an option on the property or
for the immediate acquisition, preservation, restoration, or operation of the
property.
[(f)] (h) The department may enter, solely in
performance of its official duties and only at reasonable times, upon private
lands for examination or survey thereof.
Whenever any member of the department duly authorized to conduct
investigations and surveys of a
historic or cultural nature determines that entry onto private lands for
examination or survey of historic or cultural finding is required, the
department shall give written notice of the finding to the owner or occupant of
the property at least five days before
entry. If entry is refused, the member
may make a complaint to the district environmental court in the circuit in
which the land is located. The district environmental court may
thereupon issue a warrant, directed to any police officer of the circuit,
commanding the officer to take sufficient aid, and, being accompanied by a
member of the department, between the hours of sunrise and sunset, allow the
member of the department to examine or survey the historic or cultural
property."
SECTION 3. Section 6E-42, Hawaii Revised Statutes, is amended to read as follows:
"§6E-42 Review of proposed projects. (a) Except as provided in section 6E-42.2, before any agency or officer of the State or its political subdivisions approves any project involving a permit, license, certificate, land use change, subdivision, or other entitlement for use, which may affect historic property, aviation artifacts, or a burial site, the agency or officer shall advise the department and, before any approval, allow the department an opportunity for review and comment on the effect of the proposed project on historic properties, aviation artifacts, or burial sites, consistent with section 6E-43, including those listed in the Hawaii register of historic places. If:
(1) The proposed project consists of corridors or large land areas;
(2) Access to properties is restricted; or
(3) Circumstances dictate that construction be done in stages,
the department's review and comment may be based on a phased review of the project; provided that there shall be a programmatic agreement between the department and the project applicant that identifies each phase and the estimated timelines for each phase.
(b) The department shall provide written concurrence or non-concurrence within ninety calendar days, or within thirty calendar days if no historic properties are adversely affected by the proposed project, after the filing of a request with the department.
(c) The project applicant shall ensure that its application is complete and accurate. If the department:
(1) Determines the application is not a complete submittal;
(2) Requires additional information or clarification regarding the physical scope of work; or
(3) Requires an archaeological survey or reconnaissance level survey for architectural resources,
the department shall notify the applicant and specify the additional information needed to meet the requirements for a complete submittal. The review period for the proposed project shall be tolled until a complete submittal is made to the department. Once the department has received a complete submittal, the applicable review period shall restart.
[(b)] (d) Once the department has provided
written concurrence on the project effect determination and any necessary
mitigation measures have been identified and agreed upon for a proposed
project, the appropriate agency or officer of the State or any of its political
subdivisions may commence the project, and the project shall be exempt from
further review by the department unless there is a change to the project's
physical scope of work or project area or unless additional historic
properties, aviation artifacts, or burial sites are identified within the
project area; provided that:
(1) If there is a change in the project's physical scope of work or project area or if additional historic properties or aviation artifacts are identified within the project area post-review, the appropriate agency or officer of the State or any of its political subdivisions shall notify the department within forty-eight hours of the discovery. The notification shall include a description of the historic property or aviation artifact and propose actions to avoid, minimize, or mitigate adverse effects. The department shall respond within five business days of the notification with an assessment of the historic property or aviation artifact and shall provide concurrence or non-concurrence with the actions proposed to avoid, minimize, or mitigate adverse effects. The appropriate agency or officer of the State or any of its political subdivisions shall provide the department with a report of the agreed upon actions when they are completed; and
(2) If a burial site is inadvertently discovered, the appropriate agency or officer of the State or any of its political subdivisions shall proceed pursuant to section 6E-43 or 6E-43.6, or both, as appropriate.
[(c)] (e) The department shall inform the public of any
project proposals submitted to the department under this section that are not
otherwise subject to the requirement of a public hearing or other public
notification.
[(d)] (f) Counties
deriving and expending revenues on mass transit stations pursuant to section
46-16.8 may request programmatic review by the department for a majority-residential mixed-use
transit-oriented development or residential transit-oriented development where
a permit, license, certificate, land use change, subdivision, or other
entitlement may be required.
[(e)] (g) No later than January
1, [2026,] 2028, the counties and the Hawaii community
development authority shall work with the department to identify and submit to
the department specific parcels and rights-of-way in proximity to mass transit
stations where a
majority-residential mixed-use transit-oriented development, a residential transit-oriented
development, or infrastructure is specifically consistent with a comprehensive
general plan adopted pursuant to section 46-4; provided that the
counties and Hawaii community development authority shall:
(1) First consult with the department and agree through memorandum on the mass transit stations, and specific transit-oriented development parcels and rights-of-way, scoping the potential area for initiating programmatic review; and
(2) Then solicit requests and consent from non-county landowners to have their parcels and rights-of-way within the scoped area of the memorandum initiating programmatic review to proceed with the programmatic review process.
[(f)] (h) The department shall review all parcels and
rights-of-way submitted by the counties and the Hawaii community development
authority pursuant to the scoping memorandum and classify each parcel and
right-of-way, within six months of submittal, according to the risk that a majority-residential mixed-use
transit-oriented development or residential transit-oriented development may
pose to historic properties. The
classification shall be categorized into three categories, in order of potential effect level from high to low, in the categories of architecture,
archaeology, and history and culture; provided that:
(1) All county and
non-county and Hawaii
community development authority parcels and [[]rights-of-way[]]
for programmatic review shall include the county's or the Hawaii community development
authority's assessment of whether development on each parcel or
right-of-way may affect historic property, aviation artifacts, or a burial
site; and
(2) The assessment is based on:
(A) The Hawaii or national register of historic places;
(B) The age of above-surface structures;
(C) Any existing archaeological inventory surveys previously accepted by the department;
(D) Any burial treatment plans accepted by the department;
(E) The type of substrate known to typically contain burials;
(F) Consultation with the:
(i) Relevant island burial council; and
(ii) Office of Hawaiian affairs; and
(G) Any other literary review relevant to the area.
[(g)] (i) The department shall work with the county
that made the submittal and the Hawaii community development authority to
develop and agree on permitting memoranda within three months of classification
regarding development best practices, including continued identification,
addressing levels of risk for the lower two effect levels in each of the
categories, including but not limited to creating photo inventories, conducting
an archaeological field survey, archaeological excavation, or onsite
archaeological monitoring, and the presence of onsite archaeological
monitoring, and consider these best practices as standardized for activities
conducted under this section.
A county and the Hawaii community development authority shall incorporate by reference these best practices as conditions of approval for any project involving a permit, license, certificate, land use change, subdivision, or other entitlement for use.
[(h)] (j) Parcels and rights-of-way identified by the
department where all categories are rated in the lower two effect levels shall
be considered to comply with [subsections] subsection (a) or [(b)]
(d) or section 6E-8 regarding
state or county lands or projects, and any subsequent permit, license,
certificate, land use change, subdivision, or other entitlement for use shall
not require referral to or written concurrence from the department on project
effect determination and mitigation measures; provided that:
(1) The project is or includes infrastructure to support the development of:
(A) A majority-residential mixed-use transit-oriented development; or
(B) A residential transit-oriented development;
(2) The project has reached substantial construction by June 30, 2036; and
(3) Development activities have commenced consistent with best practices to address the applicable level of risk.
[(i)] (k) Any parcels or rights-of-way characterized as
highest risk shall require referral to the department pursuant to subsection
(a).
[(j)] (l) Section 6E-43.6 shall apply in the event of
an inadvertent discovery of a burial site.
[(k)] (m) The Hawaii housing finance and development
corporation may submit to the department any additional parcels or
rights-of-way for programmatic review if the counties do not provide a
submittal pursuant to subsection [(e);] (g); provided that the same analysis shall be
conducted pursuant to subsection [(f),] (h), and the department
shall classify the submittal within six months of receipt.
[(l)] (n) The Hawaii community development authority
may submit parcels or rights-of-way within its jurisdiction to the department
for review, and any parcels or rights-of-way identified by the department
for which all categories are rated in the lower two effect levels shall be
considered to comply with [subsections] subsection (a) or [(b)]
(d) or section 6E-8 regarding state or county lands or projects, and any
subsequent permit, license, certificate, land use change, subdivision, or other
entitlement for use shall not require referral to the department; provided
that:
(1) The project is or includes infrastructure to support the development of:
(A) A majority-residential mixed-use transit-oriented development; or
(B) A residential transit-oriented development;
(2) The project has reached substantial construction by June 30, 2036;
(3) Development activities have commenced consistent with best practices to address the applicable level of risk; and
(4) The department shall classify the submittal within six months of receipt.
[(m)] (o) The
department shall adopt rules in accordance with chapter 91 to implement this
section.
[(n)] (p) For the
purposes of this section, "majority-residential
mixed-use transit-oriented development" means a mixed-use transit-oriented
development project where the majority of the project is residential and may
include off-site infrastructure."
SECTION 4. Section 6E-42.2, Hawaii Revised Statutes, is amended to read as follows:
"§6E-42.2
Excluded activities for existing privately-owned [single-family
detached dwelling units and townhouses, residential projects, and nominally
sensitive areas.] residential properties. (a) An
application for a proposed project on an existing privately-owned [single-family
detached dwelling unit or townhouse] residential property shall be
subject to the requirements of section 6E-42 only [if the single-family
detached dwelling unit or townhouse is over fifty years old and is:] when
one or more of the following applies:
(1) [Listed] The property is listed
on the Hawaii or national register of historic places, or both;
(2) [Nominated] The property is
nominated for inclusion on the Hawaii or national register of historic
places, or both; [or]
(3) [Located] The property is located
in a historic district[.];
(4) The proposed project involves ground-disturbing activity and:
(A) Occurs on or adjacent to land containing sandy soils; or
(B) The ground-disturbing activity exceeds the excavation of topsoil and occurs on or adjacent to land that:
(i) Contains previously identified burials or cemeteries;
(ii) Contains lava tubes, karst features, or caves; or
(iii) Contains a historic property previously determined to be significant under criterion "e" pursuant to section 13-275-6(b)(5) or 13-284-6(b)(5), Hawaii Administrative Rules; or
(5) The proposed permitted project changes the number or density of residential units, or changes the property's classification or zoning, resulting in a mixed-use residential development;
provided that the department has executed a programmatic agreement with the permitting agency to establish a program alternative or has otherwise determined the property to not require review under this section due to the absence of historic properties or iwi kupuna.
[(b) An application for a proposed project on an
existing residential property shall be subject to the requirements of section
6E-42 only if the existing residential property is over fifty years old and is
registered on the Hawaii register of historic places.
(c)]
(b) An application for a proposed
project [in a nominally sensitive area] shall not be subject to the
requirements of section 6E-42[.]; if the project lies in a nominally
sensitive area.
[(d)]
(c) For the purposes of this
section:
"Dwelling unit" means a building or portion thereof designed or used exclusively for residential occupancy and having all necessary facilities for permanent residency such as living, sleeping, cooking, eating, and sanitation.
"Ground-disturbing activity" means any activity that disturbs, penetrates, displaces, or excavates soil or subsurface materials, including but not limited to grading, trenching, digging, augering, drilling, post-hole installation, foundation work, utility installation, excavation, or landscaping activities that disturb the ground surface.
"Karst" means a landform characterized by subsurface cavities, voids, or solution features formed by the dissolution of soluble rock, including caves, sinkholes, and underground drainage features.
"Nominally
sensitive area" means a project area that is known to include a low
density of historic, cultural, or archaeological resources, or where the
project area has been substantially disturbed by previous excavation or other
ground-disturbing work and no significant historic properties have been
previously identified[.], as determined by the department based on:
(1) The Hawaii or national register of historic places;
(2) The age of above-surface structures;
(3) Any existing archaeological inventory surveys previously accepted by the department;
(4) Any burial treatment plans accepted by the department;
(5) The type of substrate known to typically contain burials;
(6) Consultation with the relevant island burial council and office of Hawaiian affairs; and
(7) Any other literary review relevant to the area.
"Sandy soil" means soil classified by the United States Department of Agriculture Natural Resources Conservation Service as sand, loamy sand, sandy loam, or fine sandy loam, including but not limited to Jaucas sands, beaches sand, and other coastal or aeolian sand deposits.
"Single-family detached dwelling unit" means an individual, freestanding, unattached dwelling unit, typically built on a lot larger than the structure itself, resulting in an area surrounding the dwelling.
"Topsoil" means the uppermost naturally occurring soil layer characterized by organic material and biological activity, typically extending to a depth of approximately twelve inches below the ground surface, or to the depth of the naturally occurring organic horizon, whichever is less.
"Townhouse" has the same meaning as in section 502C-1."
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 3000; provided that section 3 shall take effect on June 30, 2026; provided further that the amendments made to section 6E-42, Hawaii Revised Statutes, by section 3 of this Act shall not be repealed when that section is reenacted on June 30, 2030, pursuant to section 7 of Act 306, Session Laws of Hawaii 2025.
Report Title:
SHPD; Historic Preservation; Review; Historic Properties; Private Properties; Project Review; Review Period
Description:
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1710 |
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THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO HISTORIC PRESERVATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 6E-2, Hawaii Revised Statutes, is amended by amending the definition of "complete submittal" to read as follows:
""Complete submittal" means a packet that includes:
(1) A submittal form;
(2) A permit set or sixty per cent-complete project drawing set;
(3) A site plan that identifies the project area and locations of ground disturbance;
(4) A written scope of work that identifies the length, width, and depth of ground disturbance and the narrative boundaries of the project area;
(5) Photographs of the property and at least one photograph of each elevation of existing buildings or structures on the property;
(6) A map indicating the boundaries of the project area that include any associated construction, ground disturbance, or setting and staging areas;
(7) For projects
submitted under this [section:] chapter:
(A) A copy of previous archaeological, architectural, or cultural resource survey for the property; or
(B) A literature review and field inspection for archaeological resources or windshield survey for architectural resources for the tax map key or portion of the tax map key where the project area is located;
(8) For projects submitted under section 6E-42, a copy of the building permit application associated with the project; and
(9) For projects where
historic properties are identified as having
a high potential effect level under section [6E-42(f),] 6E-42(h),
documentation of consultation with the office of Hawaiian affairs and any
associated comments the applicant received from the office of Hawaiian affairs."
SECTION 2. Section 6E-10, Hawaii Revised Statutes, is amended to read as follows:
"§6E-10 Privately owned historic property. (a) Before any construction, alteration, disposition, or improvement of any nature, by, for, or permitted by a private landowner may be commenced that will affect a historic property on the Hawaii register of historic places, the landowner shall notify the department of the construction, alteration, disposition, or improvement of any nature and allow the department the opportunity to review the effect of the proposed construction, alteration, disposition, or improvement of any nature on the historic property. If:
(1) The proposed construction, alteration, disposition, or improvement consists of corridors or large land areas;
(2) Access to the property or properties is restricted; or
(3) Circumstances dictate that construction, alteration, disposition, routine maintenance, or improvement be done in stages or repeatedly executed to ensure the preservation of historic properties,
the project proponent or landowner may complete a preservation plan to guide preservation-related maintenance intervals and set up a timeline for proposed preservation-related repair or restoration work, which may include construction activities. The department shall review and approve the preservation plan before implementation.
(b)
The department shall provide written concurrence or non-concurrence
within ninety calendar days, or within thirty calendar days if no historic
properties are adversely affected by the proposed construction, alteration,
disposition, or improvement, after the department has processed a complete
submittal filed by the property owner.
The department shall certify a complete submittal within five business
days of its filing. The proposed
construction, alteration, disposition, or improvement of any nature shall not
be commenced, or in the event it has already begun, continue, until the
department has given its [concurrence
or ninety days have elapsed. Within
ninety days after notification, the department shall:
(1) Commence
condemnation proceedings for the purchase of the historic property if the
department and property owner do not agree upon an appropriate course of
action;
(2) Permit the
owner to proceed with the owner's construction, alteration, or improvement; or
(3) In coordination
with the owner, undertake or permit the investigation, recording, preservation,
and salvage of any historical information deemed necessary to preserve Hawaiian
history, by any qualified agency for this purpose.
(b)] written concurrence or
non-concurrence.
(c) The property owner shall ensure any application filed by the property owner for the proposed construction, alteration, disposition, or improvement is complete and accurate. If the department:
(1) Determines the application is not a complete submittal;
(2) Requires additional information or clarification regarding the physical scope of work; or
(3) Requires an archaeological survey or reconnaissance level survey for architectural resources,
the department shall notify the property owner and specify the additional information needed to meet the requirements for a complete submittal. The review period for the proposed project shall be tolled until a complete submittal is made to the department. Once the department has received a complete submittal, the applicable review period shall restart.
(d) Once the department has provided written concurrence on the project effect determination and any necessary mitigation measures have been identified and agreed upon for a proposed project, the property owner may commence the project, and the project shall be exempt from further review by the department unless there is a change to the project's physical scope of work or project area or unless additional historic properties, aviation artifacts, or burial sites are identified within the project area; provided that:
(1) If there is a change in the project's physical scope of work or project area or if additional historic properties or aviation artifacts are identified within the project area post-review, the property owner shall notify the department within forty-eight hours of the discovery. The notification shall include a description of the historic property or aviation artifact and propose actions to avoid, minimize, or mitigate adverse effects. The department shall respond within five business days of the notification with an assessment of the historic property or aviation artifact and shall provide concurrence or non-concurrence with the actions proposed to avoid, minimize, or mitigate adverse effects. The property owner shall provide the department with a report of the agreed upon actions when they are completed; and
(2) If a burial site is inadvertently discovered, the property owner shall proceed pursuant to section 6E-43 or 6E-43.6, or both, as appropriate.
[(c)] (e) Nothing in this section shall be construed to
prevent the ordinary maintenance or repair of any feature in or on a historic property that does not
involve a change in design, material, or outer appearance or change in those
characteristics that qualified the
historic property for entry onto the Hawaii register of historic places.
[(d)] (f) Any person, natural or corporate, who
violates the provisions of this section shall be fined not more than $1,000, and each day of continued violation shall
constitute a distinct and separate offense under this section for which the
offender may be punished.
[(e)] (g) If funds for the acquisition of needed
property are not available, the governor may, upon the recommendation of the
department, allocate from the
contingency fund an amount sufficient to acquire an option on the property or
for the immediate acquisition, preservation, restoration, or operation of the
property.
[(f)] (h) The department may enter, solely in
performance of its official duties and only at reasonable times, upon private
lands for examination or survey thereof.
Whenever any member of the department duly authorized to conduct
investigations and surveys of a
historic or cultural nature determines that entry onto private lands for
examination or survey of historic or cultural finding is required, the
department shall give written notice of the finding to the owner or occupant of
the property at least five days before
entry. If entry is refused, the member
may make a complaint to the district environmental court in the circuit in
which the land is located. The district environmental court may
thereupon issue a warrant, directed to any police officer of the circuit,
commanding the officer to take sufficient aid, and, being accompanied by a
member of the department, between the hours of sunrise and sunset, allow the
member of the department to examine or survey the historic or cultural
property."
SECTION 3. Section 6E-42, Hawaii Revised Statutes, is amended to read as follows:
"§6E-42 Review of proposed projects. (a) Except as provided in section 6E-42.2, before any agency or officer of the State or its political subdivisions approves any project involving a permit, license, certificate, land use change, subdivision, or other entitlement for use, which may affect historic property, aviation artifacts, or a burial site, the agency or officer shall advise the department and, before any approval, allow the department an opportunity for review and comment on the effect of the proposed project on historic properties, aviation artifacts, or burial sites, consistent with section 6E-43, including those listed in the Hawaii register of historic places. If:
(1) The proposed project consists of corridors or large land areas;
(2) Access to properties is restricted; or
(3) Circumstances dictate that construction be done in stages,
the department's review and comment may be based on a phased review of the project; provided that there shall be a programmatic agreement between the department and the project applicant that identifies each phase and the estimated timelines for each phase.
(b) The department shall provide written concurrence or non-concurrence within ninety calendar days, or within thirty calendar days if no historic properties are adversely affected by the proposed project, after the filing of a request with the department.
(c) The project applicant shall ensure that its application is complete and accurate. If the department:
(1) Determines the application is not a complete submittal;
(2) Requires additional information or clarification regarding the physical scope of work; or
(3) Requires an archaeological survey or reconnaissance level survey for architectural resources,
the department shall notify the applicant and specify the additional information needed to meet the requirements for a complete submittal. The review period for the proposed project shall be tolled until a complete submittal is made to the department. Once the department has received a complete submittal, the applicable review period shall restart.
[(b)] (d) Once the department has provided
written concurrence on the project effect determination and any necessary
mitigation measures have been identified and agreed upon for a proposed
project, the appropriate agency or officer of the State or any of its political
subdivisions may commence the project, and the project shall be exempt from
further review by the department unless there is a change to the project's
physical scope of work or project area or unless additional historic
properties, aviation artifacts, or burial sites are identified within the
project area; provided that:
(1) If there is a change in the project's physical scope of work or project area or if additional historic properties or aviation artifacts are identified within the project area post-review, the appropriate agency or officer of the State or any of its political subdivisions shall notify the department within forty-eight hours of the discovery. The notification shall include a description of the historic property or aviation artifact and propose actions to avoid, minimize, or mitigate adverse effects. The department shall respond within five business days of the notification with an assessment of the historic property or aviation artifact and shall provide concurrence or non-concurrence with the actions proposed to avoid, minimize, or mitigate adverse effects. The appropriate agency or officer of the State or any of its political subdivisions shall provide the department with a report of the agreed upon actions when they are completed; and
(2) If a burial site is inadvertently discovered, the appropriate agency or officer of the State or any of its political subdivisions shall proceed pursuant to section 6E-43 or 6E-43.6, or both, as appropriate.
[(c)] (e) The department shall inform the public of any
project proposals submitted to the department under this section that are not
otherwise subject to the requirement of a public hearing or other public notification.
[(d)] (f) Counties
deriving and expending revenues on mass transit stations pursuant to section
46-16.8 may request programmatic review by the department for a majority-residential mixed-use
transit-oriented development or residential transit-oriented development where
a permit, license, certificate, land use change, subdivision, or other
entitlement may be required.
[(e)] (g) No later than January
1, [2026,] 2028, the counties and the Hawaii community
development authority shall work with the department to identify and submit to
the department specific parcels and rights-of-way in proximity to mass transit
stations where a
majority-residential mixed-use transit-oriented development, a residential transit-oriented
development, or infrastructure is specifically consistent with a comprehensive
general plan adopted pursuant to section 46-4; provided that the
counties and Hawaii community development authority shall:
(1) First consult with the department and agree through memorandum on the mass transit stations, and specific transit-oriented development parcels and rights-of-way, scoping the potential area for initiating programmatic review; and
(2) Then solicit requests and consent from non-county landowners to have their parcels and rights-of-way within the scoped area of the memorandum initiating programmatic review to proceed with the programmatic review process.
[(f)] (h) The department shall review all parcels and
rights-of-way submitted by the counties and the Hawaii community development
authority pursuant to the scoping memorandum and classify each parcel and
right-of-way, within six months of submittal, according to the risk that a majority-residential mixed-use
transit-oriented development or residential transit-oriented development may
pose to historic properties. The
classification shall be categorized into three categories, in order of potential effect level from high to low, in the categories of architecture,
archaeology, and history and culture; provided that:
(1) All county and
non-county and Hawaii
community development authority parcels and [[]rights-of-way[]]
for programmatic review shall include the county's or the Hawaii community development
authority's assessment of whether development on each parcel or
right-of-way may affect historic property, aviation artifacts, or a burial
site; and
(2) The assessment is based on:
(A) The Hawaii or national register of historic places;
(B) The age of above-surface structures;
(C) Any existing archaeological inventory surveys previously accepted by the department;
(D) Any burial treatment plans accepted by the department;
(E) The type of substrate known to typically contain burials;
(F) Consultation with the:
(i) Relevant island burial council; and
(ii) Office of Hawaiian affairs; and
(G) Any other literary review relevant to the area.
[(g)] (i) The department shall work with the county
that made the submittal and the Hawaii community development authority to
develop and agree on permitting memoranda within three months of classification
regarding development best practices, including continued identification,
addressing levels of risk for the lower two effect levels in each of the
categories, including but not limited to creating photo inventories, conducting
an archaeological field survey, archaeological excavation, or onsite
archaeological monitoring, and the presence of onsite archaeological
monitoring, and consider these best practices as standardized for activities
conducted under this section.
A county and the Hawaii community development authority shall incorporate by reference these best practices as conditions of approval for any project involving a permit, license, certificate, land use change, subdivision, or other entitlement for use.
[(h)] (j) Parcels and rights-of-way identified by the
department where all categories are rated in the lower two effect levels shall
be considered to comply with [subsections] subsection (a) or [(b)]
(d) or section 6E-8 regarding
state or county lands or projects, and any subsequent permit, license,
certificate, land use change, subdivision, or other entitlement for use shall
not require referral to or written concurrence from the department on project
effect determination and mitigation measures; provided that:
(1) The project is or includes infrastructure to support the development of:
(A) A majority-residential mixed-use transit-oriented development; or
(B) A residential transit-oriented development;
(2) The project has reached substantial construction by June 30, 2036; and
(3) Development activities have commenced consistent with best practices to address the applicable level of risk.
[(i)] (k) Any parcels or rights-of-way characterized as
highest risk shall require referral to the department pursuant to subsection
(a).
[(j)] (l) Section 6E-43.6 shall apply in the event of
an inadvertent discovery of a burial site.
[(k)] (m) The Hawaii housing finance and development
corporation may submit to the department any additional parcels or
rights-of-way for programmatic review if the counties do not provide a
submittal pursuant to subsection [(e);] (g); provided that the same analysis shall be
conducted pursuant to subsection [(f),] (h), and the department
shall classify the submittal within six months of receipt.
[(l)] (n) The Hawaii community development authority
may submit parcels or rights-of-way within its jurisdiction to the department
for review, and any parcels or rights-of-way identified by the department
for which all categories are rated in the lower two effect levels shall be
considered to comply with [subsections] subsection (a) or [(b)]
(d) or section 6E-8 regarding state or county lands or projects, and any
subsequent permit, license, certificate, land use change, subdivision, or other
entitlement for use shall not require referral to the department; provided that:
(1) The project is or includes infrastructure to support the development of:
(A) A majority-residential mixed-use transit-oriented development; or
(B) A residential transit-oriented development;
(2) The project has reached substantial construction by June 30, 2036;
(3) Development activities have commenced consistent with best practices to address the applicable level of risk; and
(4) The department shall classify the submittal within six months of receipt.
[(m)] (o) The
department shall adopt rules in accordance with chapter 91 to implement this
section.
[(n)] (p) For the
purposes of this section, "majority-residential
mixed-use transit-oriented development" means a mixed-use transit-oriented
development project where the majority of the project is residential and may
include off-site infrastructure."
SECTION 4. Section 6E-42.2, Hawaii Revised Statutes, is amended to read as follows:
"§6E-42.2
Excluded activities for existing privately-owned [single-family
detached dwelling units and townhouses, residential projects, and nominally
sensitive areas.] residential properties. (a) An
application for a proposed project on an existing privately-owned [single-family
detached dwelling unit or townhouse] residential property shall be
subject to the requirements of section 6E-42 only [if the single-family
detached dwelling unit or townhouse is over fifty years old and is:] when
one or more of the following applies:
(1) [Listed] The property is listed
on the Hawaii or national register of historic places, or both;
(2) [Nominated] The property is
nominated for inclusion on the Hawaii or national register of historic
places, or both; [or]
(3) [Located] The property is located
in a historic district[.];
(4) The proposed project involves ground-disturbing activity and:
(A) Occurs on or adjacent to land containing sandy soils; or
(B) The ground-disturbing activity exceeds the excavation of topsoil and occurs on or adjacent to land that:
(i) Contains previously identified burials or cemeteries;
(ii) Contains lava tubes, karst features, or caves; or
(iii) Contains a historic property previously determined to be significant under criterion "e" pursuant to section 13-275-6(b)(5) or 13-284-6(b)(5), Hawaii Administrative Rules; or
(5) The proposed permitted project changes the number or density of residential units, or changes the property's classification or zoning, resulting in a mixed-use residential development;
provided that the department has executed a programmatic agreement with the permitting agency to establish a program alternative or has otherwise determined the property to not require review under this section due to the absence of historic properties or iwi kupuna.
[(b) An application for a proposed project on an
existing residential property shall be subject to the requirements of section
6E-42 only if the existing residential property is over fifty years old and is
registered on the Hawaii register of historic places.
(c)]
(b) An application for a proposed
project [in a nominally sensitive area] shall not be subject to the
requirements of section 6E-42[.]; if the project lies in a nominally
sensitive area.
[(d)]
(c) For the purposes of this
section:
"Dwelling unit" means a building or portion thereof designed or used exclusively for residential occupancy and having all necessary facilities for permanent residency such as living, sleeping, cooking, eating, and sanitation.
"Ground-disturbing activity" means any activity that disturbs, penetrates, displaces, or excavates soil or subsurface materials, including but not limited to grading, trenching, digging, augering, drilling, post-hole installation, foundation work, utility installation, excavation, or landscaping activities that disturb the ground surface.
"Karst" means a landform characterized by subsurface cavities, voids, or solution features formed by the dissolution of soluble rock, including caves, sinkholes, and underground drainage features.
"Nominally
sensitive area" means a project area that is known to include a low
density of historic, cultural, or archaeological resources, or where the
project area has been substantially disturbed by previous excavation or other
ground-disturbing work and no significant historic properties have been
previously identified[.], as determined by the department based on:
(1) The Hawaii or national register of historic places;
(2) The age of above-surface structures;
(3) Any existing archaeological inventory surveys previously accepted by the department;
(4) Any burial treatment plans accepted by the department;
(5) The type of substrate known to typically contain burials;
(6) Consultation with the relevant island burial council and office of Hawaiian affairs; and
(7) Any other literary review relevant to the area.
"Sandy soil" means soil classified by the United States Department of Agriculture Natural Resources Conservation Service as sand, loamy sand, sandy loam, or fine sandy loam, including but not limited to Jaucas sands, beaches sand, and other coastal or aeolian sand deposits.
"Single-family detached dwelling unit" means an individual, freestanding, unattached dwelling unit, typically built on a lot larger than the structure itself, resulting in an area surrounding the dwelling.
"Topsoil" means the uppermost naturally occurring soil layer characterized by organic material and biological activity, typically extending to a depth of approximately twelve inches below the ground surface, or to the depth of the naturally occurring organic horizon, whichever is less.
"Townhouse" has the same meaning as in section 502C-1."
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 3000; provided that section 3 shall take effect on June 30, 2026; provided further that the amendments made to section 6E-42, Hawaii Revised Statutes, by section 3 of this Act shall not be repealed when that section is reenacted on June 30, 2030, pursuant to section 7 of Act 306, Session Laws of Hawaii 2025.
Report Title:
SHPD; Historic Preservation; Review; Historic Properties; Private Properties; Project Review; Review Period
Description:
Authorizes the State Historic Preservation Division to conduct a phased review of a proposed project on private property under certain circumstances. Amends the process and deadlines by which SHPD must provide written concurrence or non-concurrence for proposed projects on private property or certain projects that require state or county approval for entitlement for use. Clarifies when an application for a proposed project on an existing privately-owned residential property shall be subject to the requirements of section 6E-42, HRS. Effective 7/1/3000. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1710 |
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THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HISTORIC PRESERVATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 6E-2, Hawaii Revised Statutes, is amended by amending the definition of "complete submittal" to read as follows:
""Complete submittal" means a packet that includes:
(1) A submittal form;
(2) A permit set or sixty per cent-complete project drawing set;
(3) A site plan that identifies the project area and locations of ground disturbance;
(4) A written scope of work that identifies the length, width, and depth of ground disturbance and the narrative boundaries of the project area;
(5) Photographs of the property and at least one photograph of each elevation of existing buildings or structures on the property;
(6) A map indicating the boundaries of the project area that include any associated construction, ground disturbance, or setting and staging areas;
(7) For projects submitted under this section:
(A) A copy of previous archaeological, architectural, or cultural resource survey for the property; or
(B) A literature review and field inspection for archaeological resources or windshield survey for architectural resources for the tax map key or portion of the tax map key where the project area is located;
(8) For projects submitted under section 6E-42, a copy of the building permit application associated with the project; and
(9) For projects where
historic properties are identified as having
a high potential effect level under section [6E-42(f),] 6E-42(h),
documentation of consultation with the office of Hawaiian affairs and any
associated comments the applicant received from the office of Hawaiian affairs."
SECTION 2. Section 6E-10, Hawaii Revised Statutes, is amended to read as follows:
"§6E-10 Privately owned historic property. (a) Before any construction, alteration, disposition, or improvement of any nature, by, for, or permitted by a private landowner may be commenced that will affect a historic property on the Hawaii register of historic places, the landowner shall notify the department of the construction, alteration, disposition, or improvement of any nature and allow the department the opportunity to review the effect of the proposed construction, alteration, disposition, or improvement of any nature on the historic property. If:
(1) The proposed construction, alteration, disposition, or improvement consists of corridors or large land areas;
(2) Access to the property or properties is restricted; or
(3) Circumstances dictate that construction, alteration, disposition, routine maintenance, or improvement be done in stages or repeatedly executed to ensure the preservation of historic properties,
the department's review may be based on a phased review of the project or long-term maintenance of the property; provided that there shall be a programmatic agreement executed among the department, the property owner, and any project proponent that identifies each phase and the estimated timeline of each phase or the long-term and repeated maintenance activities that are required to preserve the historic property.
(b)
The department shall provide written concurrence or non-concurrence
within ninety calendar days, or within thirty calendar days if no historic
properties are adversely affected by the proposed construction, alteration,
disposition, or improvement, after the department has processed a complete
submittal filed by the property owner.
The department shall certify a complete submittal within five business
days of its filing. The proposed
construction, alteration, disposition, or improvement of any nature shall not
be commenced, or in the event it has already begun, continue, until the
department has given its [concurrence
or ninety days have elapsed. Within
ninety days after notification, the department shall:
(1) Commence
condemnation proceedings for the purchase of the historic property if the
department and property owner do not agree upon an appropriate course of
action;
(2) Permit the
owner to proceed with the owner's construction, alteration, or improvement; or
(3) In coordination
with the owner, undertake or permit the investigation, recording, preservation,
and salvage of any historical information deemed necessary to preserve Hawaiian
history, by any qualified agency for this purpose.
(b)] written concurrence or
non-concurrence. If the department fails
to provide written concurrence or non-concurrence within ninety calendar days,
or within thirty calendar days if no historic properties are adversely affected
by the proposed project, after receiving and certifying a true and complete
submittal from the property owner, the property owner may assume the
department's concurrence for the proposed project and may move to the next step
in the compliance process.
(c) The property owner shall ensure any application filed by the property owner for the proposed construction, alteration, disposition, or improvement is complete and accurate. If the department:
(1) Determines the application is not a complete submittal;
(2) Requires additional information or clarification regarding the physical scope of work; or
(3) Requires an archaeological survey or reconnaissance level survey for architectural resources,
the department shall notify the property owner and specify the additional information needed to meet the requirements for a complete submittal. The review period for the proposed project shall be tolled until a complete submittal is made to the department. Once the department has received a complete submittal, the applicable review period shall restart.
(d) Once the department has provided written concurrence or fails to timely provide non-concurrence on the project effect determination and any necessary mitigation measures have been identified and agreed upon for a proposed project, the property owner may commence the project, and the project shall be exempt from further review by the department unless there is a change to the project's physical scope of work or project area or unless additional historic properties, aviation artifacts, or burial sites are identified within the project area; provided that:
(1) If there is a change in the project's physical scope of work or project area or if additional historic properties or aviation artifacts are identified within the project area post-review, the property owner shall notify the department within forty-eight hours of the discovery. The notification shall include a description of the historic property or aviation artifact and propose actions to avoid, minimize, or mitigate adverse effects. The department shall respond within five business days of the notification with an assessment of the historic property or aviation artifact and shall provide concurrence or non-concurrence with the actions proposed to avoid, minimize, or mitigate adverse effects. The property owner shall provide the department with a report of the agreed upon actions when they are completed; and
(2) If a burial site is inadvertently discovered, the property owner shall proceed pursuant to section 6E-43 or 6E-43.6, or both, as appropriate.
[(c)] (e) Nothing in this section shall be construed to
prevent the ordinary maintenance or repair of any feature in or on a historic property that does not
involve a change in design, material, or outer appearance or change in those
characteristics that qualified the
historic property for entry onto the Hawaii register of historic places.
[(d)] (f) Any person, natural or corporate, who
violates the provisions of this section shall be fined not more than $1,000, and each day of continued violation shall
constitute a distinct and separate offense under this section for which the
offender may be punished.
[(e)] (g) If funds for the acquisition of needed
property are not available, the governor may, upon the recommendation of the
department, allocate from the
contingency fund an amount sufficient to acquire an option on the property or
for the immediate acquisition, preservation, restoration, or operation of the
property.
[(f)] (h) The department may enter, solely in
performance of its official duties and only at reasonable times, upon private
lands for examination or survey thereof.
Whenever any member of the department duly authorized to conduct
investigations and surveys of a
historic or cultural nature determines that entry onto private lands for
examination or survey of historic or cultural finding is required, the
department shall give written notice of the finding to the owner or occupant of
the property at least five days before
entry. If entry is refused, the member
may make a complaint to the district environmental court in the circuit in
which the land is located. The district environmental court may
thereupon issue a warrant, directed to any police officer of the circuit,
commanding the officer to take sufficient aid, and, being accompanied by a
member of the department, between the hours of sunrise and sunset, allow the
member of the department to examine or survey the historic or cultural
property."
SECTION 3. Section 6E-42, Hawaii Revised Statutes, is amended to read as follows:
"§6E-42 Review of proposed projects. (a) Except as provided in section 6E-42.2, before any agency or officer of the State or its political subdivisions approves any project involving a permit, license, certificate, land use change, subdivision, or other entitlement for use that may affect historic property, aviation artifacts, or a burial site, the agency or officer shall advise the department and, before any approval, allow the department an opportunity for review and comment on the effect of the proposed project on historic properties, aviation artifacts, or burial sites, consistent with section 6E-43, including those listed in the Hawaii register of historic places. If:
(1) The proposed project consists of corridors or large land areas;
(2) Access to properties is restricted; or
(3) Circumstances dictate that construction be done in stages,
the department's review and comment may be based on a phased review of the project; provided that there shall be a programmatic agreement between the department and the project applicant that identifies each phase and the estimated timelines for each phase.
(b) The department shall provide written concurrence or non-concurrence within ninety calendar days, or within thirty calendar days if no historic properties are adversely affected by the proposed project, after the filing of a request with the department. If the department fails to provide a written concurrence or non-concurrence with a project effect determination within ninety calendar days, or within thirty calendar days if no historic properties are adversely affected by the proposed project, of receiving a true and complete submittal for a project, the lead agency may assume the department's concurrence and the project may move to the next step in the compliance process.
(c) The project applicant shall ensure that its application is complete and accurate. If the department:
(1) Determines the application is not a complete submittal;
(2) Requires additional information or clarification regarding the physical scope of work; or
(3) Requires an archaeological survey or reconnaissance level survey for architectural resources,
the department shall notify the applicant and specify the additional information needed to meet the requirements for a complete submittal. The review period for the proposed project shall be tolled until a complete submittal is made to the department. Once the department has received a complete submittal, the applicable review period shall restart.
[(b)] (d) Once the department has provided
written concurrence or fails to timely provide non-concurrence on the
project effect determination and any necessary mitigation measures have been
identified and agreed upon for a proposed project, the appropriate agency or
officer of the State or any of its political subdivisions may commence the
project, and the project shall be exempt from further review by the department
unless there is a change to the project's physical scope of work or project
area or unless additional historic properties, aviation artifacts, or burial
sites are identified within the project area; provided that:
(1) If there is a change in the project's physical scope of work or project area or if additional historic properties or aviation artifacts are identified within the project area post-review, the appropriate agency or officer of the State or any of its political subdivisions shall notify the department within forty-eight hours of the discovery. The notification shall include a description of the historic property or aviation artifact and propose actions to avoid, minimize, or mitigate adverse effects. The department shall respond within five business days of the notification with an assessment of the historic property or aviation artifact and shall provide concurrence or non-concurrence with the actions proposed to avoid, minimize, or mitigate adverse effects. The appropriate agency or officer of the State or any of its political subdivisions shall provide the department with a report of the agreed upon actions when they are completed; and
(2) If a burial site is inadvertently discovered, the appropriate agency or officer of the State or any of its political subdivisions shall proceed pursuant to section 6E-43 or 6E-43.6, or both, as appropriate.
[(c)] (e) The department shall inform the public of any
project proposals submitted to the department under this section that are not
otherwise subject to the requirement of a public hearing or other public
notification.
[[(d)]] (f) Whenever the project involves the development
of residential units or
mixed-use development, as long as a majority of the mixed-use development is
residential, and after an initial evaluation, the department determines
that:
(2) The third-party
consultant has the qualifications and experience required by subsection [[(e)]]
(g) to conduct the review; and
(3) The contract with the third-party consultant:
(A) Requires the third-party consultant to provide a recommendation to the department within thirty days of the date that the consultant is retained to conduct the review and comment; and
(B) Allows the department to reserve the right to determine whether use of a third-party consultant was appropriate and terminate the contract if the third-party consultant:
(i) Has evidenced insufficient compliance with the state historic preservation laws and rules; or
(ii) Has not completed assigned historic preservation reviews accurately,
then the department may retain a third-party consultant to conduct the review and comment described under subsection (a) no later than sixty days after being advised pursuant to subsection (a); provided that this subsection shall not apply to projects that trigger section 106 of the National Historic Preservation Act of 1966, as amended.
[[(e)]] (g) Whenever the department retains any
third-party consultant, including any architect, engineer, archaeologist,
planner, or other professional, to review an application for a permit, license,
or approval under subsection [[(d)],] (f), the third-party
consultant shall:
(1) Meet the educational and experience standards as well as the qualifications for preservation professionals pursuant to rules adopted by the state historic preservation division;
(2) Follow state ethics rules; and
(3) Not review any project that the third-party consultant or the consultant's employer has previously worked on.
[[(f)]] (h) The project proponent shall pay the
reasonable fee requirements of the third-party consultant; provided that the
project proponent may contract with or sponsor any county, housing authority,
non-profit organization, or person to meet the fee requirements.
[[(g)]] (i) Counties
deriving and expending revenues on mass transit stations pursuant to section
46-16.8 may request programmatic review by the department for a majority-residential mixed-use
transit-oriented development or residential transit-oriented development where
a permit, license, certificate, land use change, subdivision, or other
entitlement may be required.
[[(h)]] (j) No later
than January 1, [2026,] 2028, the counties and the Hawaii
community development authority shall work with the department to identify and
submit to the department specific parcels and rights-of-way in proximity to
mass transit stations where a
majority-residential mixed-use transit-oriented development, a residential transit-oriented
development, or infrastructure is specifically consistent with a comprehensive
general plan adopted pursuant to section 46-4; provided that the
counties and Hawaii community development authority shall:
(1) First consult with the department and agree through memorandum on the mass transit stations, and specific transit-oriented development parcels and rights-of-way, scoping the potential area for initiating programmatic review; and
(2) Then solicit requests and consent from non-county landowners to have their parcels and rights-of-way within the scoped area of the memorandum initiating programmatic review to proceed with the programmatic review process.
[[(i)]] (k) The
department shall review all parcels and rights-of-way submitted by the counties
and the Hawaii community development authority pursuant to the scoping
memorandum and classify each parcel and right-of-way, within six months of
submittal, according to the risk that a majority-residential mixed-use transit-oriented development or
residential transit-oriented development may pose to historic properties. The classification shall be categorized into three categories, in order of potential effect level
from high to low,
in the categories of architecture, archaeology, and history and culture;
provided that:
(1) All county and
non-county and Hawaii
community development authority parcels and [[]rights-of-way[]]
for programmatic review shall include the county's or the Hawaii community development
authority's assessment of whether development on each parcel or
right-of-way may affect historic property, aviation artifacts, or a burial
site; and
(2) The assessment is based on:
(A) The Hawaii or national register of historic places;
(B) The age of above-surface structures;
(C) Any existing archaeological inventory surveys previously accepted by the department;
(D) Any burial treatment plans accepted by the department;
(E) The type of substrate known to typically contain burials;
(F) Consultation with the:
(i) Relevant island burial council; and
(ii) Office of Hawaiian affairs; and
(G) Any other literary review relevant to the area.
[[(j)]] (l) The
department shall work with the county that made the submittal and the Hawaii
community development authority to develop and agree on permitting memoranda
within three months of classification regarding development best practices,
including continued identification, addressing levels of risk for the lower two
effect levels in each of the categories, including but not limited to creating
photo inventories, conducting an archaeological field survey, archaeological
excavation, or onsite archaeological monitoring, and the presence of onsite
archaeological monitoring, and consider these best practices as standardized
for activities conducted under this section.
A county and the Hawaii community development authority shall incorporate by reference these best practices as conditions of approval for any project involving a permit, license, certificate, land use change, subdivision, or other entitlement for use.
[[(k)]] (m) Parcels and
rights-of-way identified by the department where all categories are rated in
the lower two effect levels shall be considered to comply with [subsections]
subsection (a) or [(b)] (d) or section 6E-8 regarding
state or county lands or projects, and any subsequent permit, license,
certificate, land use change, subdivision, or other entitlement for use shall
not require referral to or written concurrence from the department on project effect
determination and mitigation measures; provided that:
(1) The project is or includes infrastructure to support the development of:
(A) A majority-residential mixed-use transit-oriented development; or
(B) A residential transit-oriented development;
(2) The project has reached substantial construction by June 30, 2036; and
(3) Development activities have commenced consistent with best practices to address the applicable level of risk.
[[(l)]] (n) Any parcels
or rights-of-way characterized as highest risk shall require referral to the
department pursuant to subsection (a).
[[(m)]] (o) Section
6E-43.6 shall apply in the event of an inadvertent discovery of a burial site.
[[(n)]] (p) The Hawaii
housing finance and development corporation may submit to the department any
additional parcels or rights-of-way for programmatic review if the counties do
not provide a submittal pursuant to subsection [[(h)];] (j); provided that the same
analysis shall be conducted pursuant to subsection [[(i)],] (k), and the department
shall classify the submittal within six months of receipt.
[[(o)]] (q) The Hawaii
community development authority may submit parcels or rights-of-way within its
jurisdiction to the department for review, and any parcels or rights-of-way
identified by the department for which all categories are rated in the lower
two effect levels shall be considered to comply with [subsections] subsection
(a) or [(b)] (d) or section 6E-8 regarding state or county lands
or projects, and any subsequent permit, license, certificate, land use change,
subdivision, or other entitlement for use shall not require referral to the
department; provided that:
(1) The project is or includes infrastructure to support the development of:
(A) A majority-residential mixed-use transit-oriented development; or
(B) A residential transit-oriented development;
(2) The project has reached substantial construction by June 30, 2036;
(3) Development activities have commenced consistent with best practices to address the applicable level of risk; and
(4) The department shall classify the submittal within six months of receipt.
[[(p)]] (r) The
department shall adopt rules in accordance with chapter 91 to implement this
section.
[[(q)]] (s) For the purposes of this section, "majority-residential mixed-use
transit-oriented development" means a mixed-use transit-oriented
development project where the majority of the project is residential and may
include off-site infrastructure."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 3000, after the amendments made to section 6E-42, Hawaii Revised Statutes, by Act 306, Session Laws of Hawaii 2025, take effect; provided that the amendments made to section 6E-42, Hawaii Revised Statutes, by section 2 of this Act shall not be repealed when that section is reenacted on June 30, 2030, pursuant to section 7 of Act 306, Session Laws of Hawaii 2025.
Report Title:
Historic Preservation; State Historic Preservation Division Review; Historic Properties; Private Properties; Project Review; Review Period
Description:
Authorizes SHPD to conduct a phased review of a proposed project on private property under certain circumstances. Amends the process and deadlines by which SHPD must provide written concurrence or non-concurrence for proposed projects on private property or certain projects that require state or county approval for entitlement for use, after which concurrence may be assumed and the project may move to the next step in the compliance process. Effective 7/1/3000. (HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1710 |
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THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to historic preservation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 6E-10, Hawaii Revised Statutes, is amended to read as follows:
"§6E-10 Privately owned historic property. (a) Before any construction, alteration, disposition, or improvement of any nature, by, for, or permitted by a private landowner may be commenced that will affect a historic property on the Hawaii register of historic places, the landowner shall notify the department of the construction, alteration, disposition, or improvement of any nature and allow the department the opportunity to review the effect of the proposed construction, alteration, disposition, or improvement of any nature on the historic property. If:
(1) The proposed construction, alteration, disposition, or improvement consists of corridors or large land areas;
(2) Access to the property or properties is restricted; or
(3) Circumstances dictate that construction, alteration, disposition, routine maintenance, or improvement be done in stages or repeatedly executed to ensure the preservation of historic properties,
the department's review may be based on a phased review of the project or long-term maintenance of the property; provided that there shall be a programmatic agreement executed among the department, the property owner, and any project proponent that identifies each phase and the estimated timeline of each phase or the long-term and repeated maintenance activities that are required to preserve the historic property.
(b)
The department shall provide written concurrence or non-concurrence
within ninety calendar days, or within thirty calendar days if no historic
properties are adversely affected by the proposed construction, alteration,
disposition, or improvement, after the department has processed a complete
submittal filed by the property owner.
The department shall certify a complete submittal within five business
days of its filing. The proposed
construction, alteration, disposition, or improvement of any nature shall not
be commenced, or in the event it has already begun, continue, until the
department has given its [concurrence
or ninety days have elapsed. Within
ninety days after notification, the department shall:
(1) Commence
condemnation proceedings for the purchase of the historic property if the
department and property owner do not agree upon an appropriate course of
action;
(2) Permit the
owner to proceed with the owner's construction, alteration, or improvement; or
(3) In coordination
with the owner, undertake or permit the investigation, recording, preservation,
and salvage of any historical information deemed necessary to preserve Hawaiian
history, by any qualified agency for this purpose.
(b)] written concurrence or
non-concurrence. If the department fails
to provide written concurrence or non-concurrence within ninety calendar days,
or within thirty calendar days if no historic properties are adversely affected
by the proposed project, after receiving and certifying a true and complete
submittal from the property owner, the property owner may assume the
department's concurrence for the proposed project.
(c) The property owner shall ensure any application filed by the property owner for the proposed construction, alteration, disposition, or improvement is complete and accurate. If the department:
(1) Determines the application is not a complete submittal;
(2) Requires additional information or clarification regarding the physical scope of work; or
(3) Requires an archaeological survey or reconnaissance level survey for architectural resources,
the department shall notify the property owner and specify the additional information needed to meet the requirements for a complete submittal. The review period for the proposed project shall be tolled until a complete submittal is made to the department. Once the department has received a complete submittal, the applicable review period shall restart.
(d) Once the department has provided written concurrence or fails to timely provide non-concurrence on the project effect determination and any necessary mitigation measures have been identified and agreed upon for a proposed project, the property owner may commence the project, and the project shall be exempt from further review by the department unless there is a change to the project's physical scope of work or project area or unless additional historic properties, aviation artifacts, or burial sites are identified within the project area; provided that:
(1) If there is a change in the project's physical scope of work or project area or if additional historic properties or aviation artifacts are identified within the project area post-review, the property owner shall notify the department within forty-eight hours of the discovery. The notification shall include a description of the historic property or aviation artifact and propose actions to avoid, minimize, or mitigate adverse effects. The department shall respond within five business days of the notification with an assessment of the historic property or aviation artifact and shall provide concurrence or non-concurrence with the actions proposed to avoid, minimize, or mitigate adverse effects. The property owner shall provide the department with a report of the agreed upon actions when they are completed; and
(2) If a burial site is inadvertently discovered, the property owner shall proceed pursuant to section 6E-43 or 6E-43.6, or both, as appropriate.
[(c)] (e) Nothing in this section shall be construed to
prevent the ordinary maintenance or repair of any feature in or on a historic property that does not
involve a change in design, material, or outer appearance or change in those
characteristics that qualified the
historic property for entry onto the Hawaii register of historic places.
[(d)] (f) Any person, natural or corporate, who
violates the provisions of this section shall be fined not more than $1,000, and each day of continued violation shall
constitute a distinct and separate offense under this section for which the
offender may be punished.
[(e)] (g) If funds for the acquisition of needed
property are not available, the governor may, upon the recommendation of the
department, allocate from the
contingency fund an amount sufficient to acquire an option on the property or
for the immediate acquisition, preservation, restoration, or operation of the
property.
[(f)] (h) The department may enter, solely in
performance of its official duties and only at reasonable times, upon private
lands for examination or survey thereof.
Whenever any member of the department duly authorized to conduct
investigations and surveys of a
historic or cultural nature determines that entry onto private lands for
examination or survey of historic or cultural finding is required, the
department shall give written notice of the finding to the owner or occupant of
the property at least five days before
entry. If entry is refused, the member
may make a complaint to the district environmental court in the circuit in
which the land is located. The district environmental court may
thereupon issue a warrant, directed to any police officer of the circuit,
commanding the officer to take sufficient aid, and, being accompanied by a
member of the department, between the hours of sunrise and sunset, allow the
member of the department to examine or survey the historic or cultural
property."
SECTION 2. Section 6E-42, Hawaii Revised Statutes, is amended to read as follows:
"§6E-42 Review of proposed projects. (a) Except as provided in section 6E-42.2, before any agency or officer of the State or its political subdivisions approves any project involving a permit, license, certificate, land use change, subdivision, or other entitlement for use that may affect historic property, aviation artifacts, or a burial site, the agency or officer shall advise the department and, before any approval, allow the department an opportunity for review and comment on the effect of the proposed project on historic properties, aviation artifacts, or burial sites, consistent with section 6E-43, including those listed in the Hawaii register of historic places. If:
(1) The proposed project consists of corridors or large land areas;
(2) Access to properties is restricted; or
(3) Circumstances dictate that construction be done in stages,
the department's review and comment may be based on a phased review of the project; provided that there shall be a programmatic agreement between the department and the project applicant that identifies each phase and the estimated timelines for each phase.
(b) The department shall provide written concurrence or non-concurrence within ninety calendar days after the filing of a request with the department. If the department fails to provide a written concurrence or non-concurrence with a project effect determination within ninety calendar days of receiving a true and complete submittal for a project, the lead agency may assume the department's concurrence and the project may move to the next step in the compliance process.
(c) The project applicant shall ensure that its application is complete and accurate. If the department:
(1) Determines the application is not a complete submittal;
(2) Requires additional information or clarification regarding the physical scope of work; or
(3) Requires an archaeological survey or reconnaissance level survey for architectural resources,
the department shall notify the applicant and specify the additional information needed to meet the requirements for a complete submittal. The review period for the proposed project shall be tolled until a complete submittal is made to the department. Once the department has received a complete submittal, the applicable review period shall restart.
[(b)] (d) Once the department has provided
written concurrence or fails to timely provide non-concurrence on the
project effect determination and any necessary mitigation measures have been
identified and agreed upon for a proposed project, the appropriate agency or
officer of the State or any of its political subdivisions may commence the
project, and the project shall be exempt from further review by the department
unless there is a change to the project's physical scope of work or project
area or unless additional historic properties, aviation artifacts, or burial
sites are identified within the project area; provided that:
(1) If there is a change in the project's physical scope of work or project area or if additional historic properties or aviation artifacts are identified within the project area post-review, the appropriate agency or officer of the State or any of its political subdivisions shall notify the department within forty-eight hours of the discovery. The notification shall include a description of the historic property or aviation artifact and propose actions to avoid, minimize, or mitigate adverse effects. The department shall respond within five business days of the notification with an assessment of the historic property or aviation artifact and shall provide concurrence or non-concurrence with the actions proposed to avoid, minimize, or mitigate adverse effects. The appropriate agency or officer of the State or any of its political subdivisions shall provide the department with a report of the agreed upon actions when they are completed; and
(2) If a burial site is inadvertently discovered, the appropriate agency or officer of the State or any of its political subdivisions shall proceed pursuant to section 6E-43 or 6E-43.6, or both, as appropriate.
[(c)] (e) The department shall inform the public of any
project proposals submitted to the department under this section that are not
otherwise subject to the requirement of a public hearing or other public
notification.
[[(d)]] (f) Whenever the project involves the development
of residential units or
mixed-use development, as long as a majority of the mixed-use development is
residential, and after an initial evaluation, the department determines
that:
(2) The third-party
consultant has the qualifications and experience required by subsection [[(e)]]
(g) to conduct the review; and
(3) The contract with the third-party consultant:
(A) Requires the third-party consultant to provide a recommendation to the department within thirty days of the date that the consultant is retained to conduct the review and comment; and
(B) Allows the department to reserve the right to determine whether use of a third-party consultant was appropriate and terminate the contract if the third-party consultant:
(i) Has evidenced insufficient compliance with the state historic preservation laws and rules; or
(ii) Has not completed assigned historic preservation reviews accurately,
then the department may retain a third-party consultant to conduct the review and comment described under subsection (a) no later than sixty days after being advised pursuant to subsection (a); provided that this subsection shall not apply to projects that trigger section 106 of the National Historic Preservation Act of 1966, as amended.
[[(e)]] (g) Whenever the department retains any
third-party consultant, including any architect, engineer, archaeologist,
planner, or other professional, to review an application for a permit, license,
or approval under subsection [[(d)],] (f), the third-party
consultant shall:
(1) Meet the educational and experience standards as well as the qualifications for preservation professionals pursuant to rules adopted by the state historic preservation division;
(2) Follow state ethics rules; and
(3) Not review any project that the third-party consultant or the consultant's employer has previously worked on.
[[(f)]] (h) The project proponent shall pay the
reasonable fee requirements of the third-party consultant; provided that the
project proponent may contract with or sponsor any county, housing authority,
non-profit organization, or person to meet the fee requirements.
[[(g)]] (i) Counties
deriving and expending revenues on mass transit stations pursuant to section
46-16.8 may request programmatic review by the department for a majority-residential mixed-use
transit-oriented development or residential transit-oriented development where
a permit, license, certificate, land use change, subdivision, or other
entitlement may be required.
[[(h)]] (j) No later
than January 1, [2026,] 2028, the counties and the Hawaii
community development authority shall work with the department to identify and
submit to the department specific parcels and rights-of-way in proximity to
mass transit stations where a
majority-residential mixed-use transit-oriented development, a residential transit-oriented
development, or infrastructure is specifically consistent with a comprehensive
general plan adopted pursuant to section 46-4; provided that the
counties and Hawaii community development authority shall:
(1) First consult with the department and agree through memorandum on the mass transit stations, and specific transit-oriented development parcels and rights-of-way, scoping the potential area for initiating programmatic review; and
(2) Then solicit requests and consent from non-county landowners to have their parcels and rights-of-way within the scoped area of the memorandum initiating programmatic review to proceed with the programmatic review process.
[[(i)]] (k) The
department shall review all parcels and rights-of-way submitted by the counties
and the Hawaii community development authority pursuant to the scoping
memorandum and classify each parcel and right-of-way, within six months of
submittal, according to the risk that a majority-residential mixed-use transit-oriented development or
residential transit-oriented development may pose to historic properties. The classification shall be categorized into three categories, in order of potential effect level
from high to low,
in the categories of architecture, archaeology, and history and culture;
provided that:
(1) All county and
non-county and Hawaii
community development authority parcels and [[]rights-of-way[]]
for programmatic review shall include the county's or the Hawaii community development
authority's assessment of whether development on each parcel or
right-of-way may affect historic property, aviation artifacts, or a burial
site; and
(2) The assessment is based on:
(A) The Hawaii or national register of historic places;
(B) The age of above-surface structures;
(C) Any existing archaeological inventory surveys previously accepted by the department;
(D) Any burial treatment plans accepted by the department;
(E) The type of substrate known to typically contain burials;
(F) Consultation with the:
(i) Relevant island burial council; and
(ii) Office of Hawaiian affairs; and
(G) Any other literary review relevant to the area.
[[(j)]] (l) The
department shall work with the county that made the submittal and the Hawaii
community development authority to develop and agree on permitting memoranda
within three months of classification regarding development best practices,
including continued identification, addressing levels of risk for the lower two
effect levels in each of the categories, including but not limited to creating
photo inventories, conducting an archaeological field survey, archaeological
excavation, or onsite archaeological monitoring, and the presence of onsite
archaeological monitoring, and consider these best practices as standardized
for activities conducted under this section.
A county and the Hawaii community development authority shall incorporate by reference these best practices as conditions of approval for any project involving a permit, license, certificate, land use change, subdivision, or other entitlement for use.
[[(k)]] (m) Parcels and
rights-of-way identified by the department where all categories are rated in
the lower two effect levels shall be considered to comply with [subsections]
subsection (a) or [(b)] (d) or section 6E-8 regarding
state or county lands or projects, and any subsequent permit, license,
certificate, land use change, subdivision, or other entitlement for use shall
not require referral to or written concurrence from the department on project effect
determination and mitigation measures; provided that:
(1) The project is or includes infrastructure to support the development of:
(A) A majority-residential mixed-use transit-oriented development; or
(B) A residential transit-oriented development;
(2) The project has reached substantial construction by June 30, 2036; and
(3) Development activities have commenced consistent with best practices to address the applicable level of risk.
[[(l)]] (n) Any parcels
or rights-of-way characterized as highest risk shall require referral to the
department pursuant to subsection (a).
[[(m)]] (o) Section
6E-43.6 shall apply in the event of an inadvertent discovery of a burial site.
[[(n)]] (p) The Hawaii
housing finance and development corporation may submit to the department any
additional parcels or rights-of-way for programmatic review if the counties do
not provide a submittal pursuant to subsection [[(h)];] (j); provided that the same
analysis shall be conducted pursuant to subsection [[(i)],] (k), and the department
shall classify the submittal within six months of receipt.
[[(o)]] (q) The Hawaii
community development authority may submit parcels or rights-of-way within its
jurisdiction to the department for review, and any parcels or rights-of-way
identified by the department for which all categories are rated in the lower
two effect levels shall be considered to comply with [subsections] subsection
(a) or [(b)] (d) or section 6E-8 regarding state or county lands
or projects, and any subsequent permit, license, certificate, land use change,
subdivision, or other entitlement for use shall not require referral to the
department; provided that:
(1) The project is or includes infrastructure to support the development of:
(A) A majority-residential mixed-use transit-oriented development; or
(B) A residential transit-oriented development;
(2) The project has reached substantial construction by June 30, 2036;
(3) Development activities have commenced consistent with best practices to address the applicable level of risk; and
(4) The department shall classify the submittal within six months of receipt.
[[(p)]] (r) The
department shall adopt rules in accordance with chapter 91 to implement this
section.
[[(q)]] (s) For the purposes of this section, "majority-residential mixed-use
transit-oriented development" means a mixed-use transit-oriented
development project where the majority of the project is residential and may
include off-site infrastructure."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 3000, after the amendments made to section 6E-42, Hawaii Revised Statutes, by Act 306, Session Laws of Hawaii 2025, take effect; provided that the amendments made to section 6E-42, Hawaii Revised Statutes, by section 2 of this Act shall not be repealed when that section is reenacted on June 30, 2030, pursuant to section 7 of Act 306, Session Laws of Hawaii 2025.
Report Title:
Historic Preservation; State Historic Preservation Division Review; Historic Properties; Private Properties; Project Review; Review Period
Description:
Authorizes SHPD to conduct a phased review of a proposed project on private property under certain circumstances. Amends the process and deadlines by which SHPD must provide written concurrence or non-concurrence for proposed projects on private property or certain projects that require state or county approval for entitlement for use, after which concurrence may be assumed and the project may proceed. Effective 7/1/3000. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1710 |
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THIRTY-THIRD LEGISLATURE, 2026 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to historic preservation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 6E-10, Hawaii Revised Statutes, is amended to read as follows:
"§6E-10 Privately owned historic property. (a) Before any construction, alteration, disposition, or improvement of any nature, by, for, or permitted by a private landowner may be commenced that will affect a historic property on the Hawaii register of historic places, the landowner shall notify the department of the construction, alteration, disposition, or improvement of any nature and allow the department the opportunity to review the effect of the proposed construction, alteration, disposition, or improvement of any nature on the historic property. If:
(1) The proposed construction, alteration, disposition, or improvement consists of corridors or large land areas;
(2) Access to the property or properties is restricted; or
(3) Circumstances dictate that construction, alteration, disposition, or improvement be done in stages,
the department's review may be based on a phased review of the project; provided that there shall be an agreement between the department and the property owner that identifies each phase and the estimated timeline of each phase.
(b)
The department shall provide written concurrence or non-concurrence
within ninety days, or within thirty calendar days if no historical properties
are impacted by the proposed construction, alteration, disposition, or
improvement, after the department has processed a complete submittal filed by
the property owner. The department shall
process a complete submittal within five business days of its filing. The proposed construction, alteration,
disposition, or improvement of any nature shall not be commenced, or in the
event it has already begun, continue, until the department has given its [concurrence or ninety
days have elapsed. Within ninety days
after notification, the department shall:
(1) Commence
condemnation proceedings for the purchase of the historic property if the
department and property owner do not agree upon an appropriate course of
action;
(2) Permit the
owner to proceed with the owner's construction, alteration, or improvement; or
(3) In coordination
with the owner, undertake or permit the investigation, recording, preservation,
and salvage of any historical information deemed necessary to preserve Hawaiian
history, by any qualified agency for this purpose.
(b)] written concurrence or
non-concurrence. If the department fails
to provide written concurrence or non-concurrence within ninety days, or within
thirty calendar days if no historical properties are impacted by the proposed project,
after receiving and processing a true and complete submittal from the property
owner, the property owner may assume the department's concurrence for the
proposed project.
(c) The property owner shall ensure any application filed by the property owner for the proposed construction, alteration, disposition, or improvement is complete and accurate. If the department:
(1) Determines the application is not a complete submittal;
(2) Requires additional information or clarification regarding the physical scope of work; or
(3) Requires an archaeological survey or reconnaissance level survey for architectural resources,
the department shall notify the property owner and specify the additional information needed to meet the requirements for a complete submittal. The review period for the proposed project shall cease until a complete submittal is made to the department. Once the department has received a complete submittal, the applicable review period shall restart.
(d) Once the department has provided written concurrence or fails to timely provide non-concurrence on the project effect determination and any necessary mitigation measures have been identified and agreed upon for a proposed project, the property owner may commence the project, and the project shall be exempt from further review by the department unless there is a change to the project's physical scope of work or project area or unless additional historic properties, aviation artifacts, or burial sites are identified within the project area; provided that:
(1) If there is a change in the project's physical scope of work or project area or if additional historic properties or aviation artifacts are identified within the project area post-review, the property owner shall notify the department within forty-eight hours of the discovery. The notification shall include a description of the historic property or aviation artifact and propose actions to avoid, minimize, or mitigate adverse effects. The department shall respond within five business days of the notification with an assessment of the historic property or aviation artifact and shall provide concurrence or non-concurrence with the actions proposed to avoid, minimize, or mitigate adverse effects. The property owner shall provide the department with a report of the agreed upon actions when they are completed; and
(2) If a burial site is inadvertently discovered, the property owner shall proceed pursuant to section 6E-43 or 6E-43.6, or both, as appropriate.
[(c)] (e) Nothing in this section shall be construed to
prevent the ordinary maintenance or repair of any feature in or on a historic property that does not
involve a change in design, material, or outer appearance or change in those
characteristics that qualified the
historic property for entry onto the Hawaii register of historic places.
[(d)] (f) Any person, natural or corporate, who
violates the provisions of this section shall be fined not more than $1,000, and each day of continued violation shall
constitute a distinct and separate offense under this section for which the
offender may be punished.
[(e)] (g) If funds for the acquisition of needed
property are not available, the governor may, upon the recommendation of the
department, allocate from the
contingency fund an amount sufficient to acquire an option on the property or
for the immediate acquisition, preservation, restoration, or operation of the
property.
[(f)] (h) The department may enter, solely in
performance of its official duties and only at reasonable times, upon private
lands for examination or survey thereof.
Whenever any member of the department duly authorized to conduct
investigations and surveys of a
historic or cultural nature determines that entry onto private lands for
examination or survey of historic or cultural finding is required, the
department shall give written notice of the finding to the owner or occupant of
the property at least five days before
entry. If entry is refused, the member
may make a complaint to the district environmental court in the circuit in
which the land is located. The district environmental court may
thereupon issue a warrant, directed to any police officer of the circuit,
commanding the officer to take sufficient aid, and, being accompanied by a
member of the department, between the hours of sunrise and sunset, allow the
member of the department to examine or survey the historic or cultural
property."
SECTION 2. Section 6E-42, Hawaii Revised Statutes, is amended to read as follows:
"§6E-42 Review of proposed projects. (a) Except as provided in section 6E-42.2, before any agency or officer of the State or its political subdivisions approves any project involving a permit, license, certificate, land use change, subdivision, or other entitlement for use, which may affect historic property, aviation artifacts, or a burial site, the agency or officer shall advise the department and, before any approval, allow the department an opportunity for review and comment on the effect of the proposed project on historic properties, aviation artifacts, or burial sites, consistent with section 6E-43, including those listed in the Hawaii register of historic places. If:
(1) The proposed project consists of corridors or large land areas;
(2) Access to properties is restricted; or
(3) Circumstances dictate that construction be done in stages,
the department's review and comment may be based on a phased review of the project; provided that there shall be a programmatic agreement between the department and the project applicant that identifies each phase and the estimated timelines for each phase.
(b) The department shall provide written concurrence or non-concurrence within ninety days, or within thirty calendar days if no historical properties are impacted by the proposed project, after the filing of a request with the department. If the department fails to provide written concurrence or non-concurrence with a project effect determination within ninety days, or within thirty calendar days if no historic properties are to be affected, of receiving a true and complete submittal for a project, the lead agency may assume the department's concurrence and the project may move to the next step in the compliance process.
(c) The project applicant shall ensure that its application is complete and accurate. If the department:
(1) Determines the application is not a complete submittal;
(2) Requires additional information or clarification regarding the physical scope of work; or
(3) Requires an archaeological survey or reconnaissance level survey for architectural resources,
the department shall notify the applicant and specify the additional information needed to meet the requirements for a complete submittal. The review period for the proposed project shall cease until a complete submittal is made to the department. Once the department has received a complete submittal, the applicable review period shall restart.
[(b)] (d) Once the department has provided
written concurrence or fails to timely provide non-concurrence on the
project effect determination and any necessary mitigation measures have been
identified and agreed upon for a proposed project, the appropriate agency or
officer of the State or any of its political subdivisions may commence the
project, and the project shall be exempt from further review by the department
unless there is a change to the project's physical scope of work or project
area or unless additional historic properties, aviation artifacts, or burial sites
are identified within the project area; provided that:
(1) If there is a change in the project's physical scope of work or project area or if additional historic properties or aviation artifacts are identified within the project area post-review, the appropriate agency or officer of the State or any of its political subdivisions shall notify the department within forty-eight hours of the discovery. The notification shall include a description of the historic property or aviation artifact and propose actions to avoid, minimize, or mitigate adverse effects. The department shall respond within five business days of the notification with an assessment of the historic property or aviation artifact and shall provide concurrence or non-concurrence with the actions proposed to avoid, minimize, or mitigate adverse effects. The appropriate agency or officer of the State or any of its political subdivisions shall provide the department with a report of the agreed upon actions when they are completed; and
(2) If a burial site is inadvertently discovered, the appropriate agency or officer of the State or any of its political subdivisions shall proceed pursuant to section 6E-43 or 6E-43.6, or both, as appropriate.
[(c)] (e) The department shall inform the public of any
project proposals submitted to the department under this section that are not
otherwise subject to the requirement of a public hearing or other public
notification.
[(d)] (f) Counties deriving and expending revenues on
mass transit stations pursuant to section 46-16.8 may request programmatic
review by the department for a
majority-residential mixed-use transit-oriented development or residential
transit-oriented development where a permit, license, certificate, land use
change, subdivision, or other entitlement may be required.
[(e)] (g) No later than January
1, 2026, the counties and the Hawaii community development authority shall work
with the department to identify and submit to the department specific parcels
and rights-of-way in proximity to mass transit stations where a majority-residential mixed-use
transit-oriented development, a
residential transit-oriented development, or infrastructure is specifically
consistent with a comprehensive general plan adopted pursuant to section 46-4; provided that the
counties and Hawaii community development authority shall:
(1) First consult with the department and agree through memorandum on the mass transit stations, and specific transit-oriented development parcels and rights-of-way, scoping the potential area for initiating programmatic review; and
(2) Then solicit requests and consent from non-county landowners to have their parcels and rights-of-way within the scoped area of the memorandum initiating programmatic review to proceed with the programmatic review process.
[(f)] (h) The department shall review all parcels and
rights-of-way submitted by the counties and the Hawaii community development
authority pursuant to the scoping memorandum and classify each parcel and
right-of-way, within six months of submittal, according to the risk that a majority-residential mixed-use
transit-oriented development or residential transit-oriented development may
pose to historic properties. The
classification shall be categorized into three categories, in order of potential effect level from high to low, in the categories of architecture,
archaeology, and history and culture; provided that:
(1) All county and non-county and Hawaii community development authority parcels and [rights-of-way] for programmatic review shall include the county's or the Hawaii community development authority's assessment of whether development on each parcel or right-of-way may affect historic property, aviation artifacts, or a burial site; and
(2) The assessment is based on:
(A) The Hawaii or national register of historic places;
(B) The age of above-surface structures;
(C) Any existing archaeological inventory surveys previously accepted by the department;
(D) Any burial treatment plans accepted by the department;
(E) The type of substrate known to typically contain burials;
(F) Consultation with the:
(i) Relevant island burial council; and
(ii) Office of Hawaiian affairs; and
(G) Any other literary review relevant to the area.
[(g)] (i) The department shall work with the county
that made the submittal and the Hawaii community development authority to
develop and agree on permitting memoranda within three months of classification
regarding development best practices, including continued identification,
addressing levels of risk for the lower two effect levels in each of the
categories, including but not limited to creating photo inventories, conducting
an archaeological field survey, archaeological excavation, or onsite
archaeological monitoring, and the presence of onsite archaeological
monitoring, and consider these best practices as standardized for activities
conducted under this section.
A county and the Hawaii community development authority shall incorporate by reference these best practices as conditions of approval for any project involving a permit, license, certificate, land use change, subdivision, or other entitlement for use.
[(h)] (j) Parcels and rights-of-way identified by the
department where all categories are rated in the lower two effect levels shall
be considered to comply with [subsections] subsection (a) or [(b)]
(d) or section 6E-8 regarding state or county lands or projects, and any
subsequent permit, license, certificate, land use change, subdivision, or other
entitlement for use shall not require referral to or written concurrence from
the department on project effect determination and mitigation measures;
provided that:
(1) The project is or includes infrastructure to support the development of:
(A) A majority-residential mixed-use transit-oriented development; or
(B) A residential transit-oriented development;
(2) The project has reached substantial construction by June 30, 2036; and
(3) Development activities have commenced consistent with best practices to address the applicable level of risk.
[(i)] (k) Any parcels or rights-of-way characterized as
highest risk shall require referral to the department pursuant to subsection
(a).
[(j)] (l) Section 6E-43.6 shall apply in the event of
an inadvertent discovery of a burial site.
[(k)] (m) The Hawaii housing finance and development
corporation may submit to the department any additional parcels or
rights-of-way for programmatic review if the counties do not provide a
submittal pursuant to subsection [(e);] (g); provided that the
same analysis shall be conducted pursuant to subsection [(f),] (h),
and the department shall classify the submittal within six months of receipt.
[(l)] (n) The Hawaii community
development authority may submit parcels or rights-of-way within its
jurisdiction to the department for review, and any parcels or rights-of-way
identified by the department for which all categories are rated in the lower
two effect levels shall be considered to comply with [subsections] subsection
(a) or [(b)] (d) or section 6E-8 regarding state or county lands
or projects, and any subsequent permit, license, certificate, land use change,
subdivision, or other entitlement for use shall not require referral to the
department; provided that:
(1) The project is or includes infrastructure to support the development of:
(A) A majority-residential mixed-use transit-oriented development; or
(B) A residential transit-oriented development;
(2) The project has reached substantial construction by June 30, 2036;
(3) Development activities have commenced consistent with best practices to address the applicable level of risk; and
(4) The department shall classify the submittal within six months of receipt.
[(m)] (o) The department shall adopt rules in
accordance with chapter 91 to implement this section.
[(n)] (p) For the purposes of this section, "majority-residential mixed-use
transit-oriented development" means a mixed-use transit-oriented
development project where the majority of the project is residential and may
include off-site infrastructure."
SECTION 3. Section 6E-42, Hawaii Revised Statutes, is amended to read as follows:
"§6E-42 Review of proposed projects. (a) Except as provided in section 6E-42.2, before any agency or officer of the State or its political subdivisions approves any project involving a permit, license, certificate, land use change, subdivision, or other entitlement for use that may affect historic property, aviation artifacts, or a burial site, the agency or officer shall advise the department and, before any approval, allow the department an opportunity for review and comment on the effect of the proposed project on historic properties, aviation artifacts, or burial sites, consistent with section 6E-43, including those listed in the Hawaii register of historic places. If:
(1) The proposed project consists of corridors or large land areas;
(2) Access to properties is restricted; or
(3) Circumstances dictate that construction be done in stages,
the department's review and comment may be based on a phased review of the project; provided that there shall be a programmatic agreement between the department and the project applicant that identifies each phase and the estimated timelines for each phase.
(b) The department shall provide written concurrence or non-concurrence within ninety days, or within thirty calendar days if no historical properties are impacted by the proposed project, after the filing of a request with the department. If the department fails to provide a written concurrence or non-concurrence with a project effect determination within ninety days, or within thirty calendar days if no historic properties are to be affected, of receiving a true and complete submittal for a project, the lead agency may assume the department's concurrence and the project may move to the next step in the compliance process.
(c) The project applicant shall ensure that its application is complete and accurate. If the department:
(1) Determines the application is not a complete submittal;
(2) Requires additional information or clarification regarding the physical scope of work; or
(3) Requires an archaeological survey or reconnaissance level survey for architectural resources,
the department shall notify the applicant and specify the additional information needed to meet the requirements for a complete submittal. The review period for the proposed project shall cease until a complete submittal is made to the department. Once the department has received a complete submittal, the applicable review period shall restart.
[(b)] (d) Once the department has provided
written concurrence on the project effect determination and any necessary
mitigation measures have been identified and agreed upon for a proposed
project, the appropriate agency or officer of the State or any of its political
subdivisions may commence the project, and the project shall be exempt from
further review by the department unless there is a change to the project's
physical scope of work or project area or unless additional historic
properties, aviation artifacts, or burial sites are identified within the
project area; provided that:
(1) If there is a change in the project's physical scope of work or project area or if additional historic properties or aviation artifacts are identified within the project area post-review, the appropriate agency or officer of the State or any of its political subdivisions shall notify the department within forty-eight hours of the discovery. The notification shall include a description of the historic property or aviation artifact and propose actions to avoid, minimize, or mitigate adverse effects. The department shall respond within five business days of the notification with an assessment of the historic property or aviation artifact and shall provide concurrence or non-concurrence with the actions proposed to avoid, minimize, or mitigate adverse effects. The appropriate agency or officer of the State or any of its political subdivisions shall provide the department with a report of the agreed upon actions when they are completed; and
(2) If a burial site is inadvertently discovered, the appropriate agency or officer of the State or any of its political subdivisions shall proceed pursuant to section 6E-43 or 6E-43.6, or both, as appropriate.
[(c)] (e) The department shall inform the public of any
project proposals submitted to the department under this section that are not
otherwise subject to the requirement of a public hearing or other public
notification.
[[(d)]] (f) Whenever the project involves the development
of residential units or
mixed-use development, as long as a majority of the mixed-use development is
residential, and after an initial evaluation, the department determines
that:
(2) The third-party
consultant has the qualifications and experience required by subsection [[(e)]]
(g) to conduct the review; and
(3) The contract with the third-party consultant:
(A) Requires the third-party consultant to provide a recommendation to the department within thirty days of the date that the consultant is retained to conduct the review and comment; and
(B) Allows the department to reserve the right to determine whether use of a third-party consultant was appropriate and terminate the contract if the third-party consultant:
(i) Has evidenced insufficient compliance with the state historic preservation laws and rules; or
(ii) Has not completed assigned historic preservation reviews accurately,
then the department may retain a third-party consultant to conduct the review and comment described under subsection (a) no later than sixty days after being advised pursuant to subsection (a); provided that this subsection shall not apply to projects that trigger section 106 of the National Historic Preservation Act of 1966, as amended.
[[(e)]] (g) Whenever the department retains any
third-party consultant, including any architect, engineer, archaeologist,
planner, or other professional, to review an application for a permit, license,
or approval under subsection [[(d)],] (f), the third-party
consultant shall:
(1) Meet the educational and experience standards as well as the qualifications for preservation professionals pursuant to rules adopted by the state historic preservation division;
(2) Follow state ethics rules; and
(3) Not review any project that the third-party consultant or the consultant's employer has previously worked on.
[[(f)]] (h) The project proponent shall pay the
reasonable fee requirements of the third-party consultant; provided that the
project proponent may contract with or sponsor any county, housing authority,
non-profit organization, or person to meet the fee requirements.
[[(g)]] (i) Counties
deriving and expending revenues on mass transit stations pursuant to section
46-16.8 may request programmatic review by the department for a majority-residential mixed-use
transit-oriented development or residential transit-oriented development where
a permit, license, certificate, land use change, subdivision, or other
entitlement may be required.
[[(h)]] (j) No later
than January 1, 2026, the counties and the Hawaii community development
authority shall work with the department to identify and submit to the
department specific parcels and rights-of-way in proximity to mass transit
stations where a
majority-residential mixed-use transit-oriented development, a residential transit-oriented
development, or infrastructure is specifically consistent with a comprehensive
general plan adopted pursuant to section 46-4; provided that the
counties and Hawaii community development authority shall:
(1) First consult with the department and agree through memorandum on the mass transit stations, and specific transit-oriented development parcels and rights-of-way, scoping the potential area for initiating programmatic review; and
(2) Then solicit requests and consent from non-county landowners to have their parcels and rights-of-way within the scoped area of the memorandum initiating programmatic review to proceed with the programmatic review process.
[[(i)]] (k) The
department shall review all parcels and rights-of-way submitted by the counties
and the Hawaii community development authority pursuant to the scoping
memorandum and classify each parcel and right-of-way, within six months of
submittal, according to the risk that a majority-residential mixed-use transit-oriented development or
residential transit-oriented development may pose to historic properties. The classification shall be categorized into three categories, in order of potential effect level
from high to low,
in the categories of architecture, archaeology, and history and culture;
provided that:
(1) All county and
non-county and Hawaii
community development authority parcels and [[]rights-of-way[]]
for programmatic review shall include the county's or the Hawaii community development
authority's assessment of whether development on each parcel or
right-of-way may affect historic property, aviation artifacts, or a burial
site; and
(2) The assessment is based on:
(A) The Hawaii or national register of historic places;
(B) The age of above-surface structures;
(C) Any existing archaeological inventory surveys previously accepted by the department;
(D) Any burial treatment plans accepted by the department;
(E) The type of substrate known to typically contain burials;
(F) Consultation with the:
(i) Relevant island burial council; and
(ii) Office of Hawaiian affairs; and
(G) Any other literary review relevant to the area.
[[(j)]] (l) The
department shall work with the county that made the submittal and the Hawaii
community development authority to develop and agree on permitting memoranda
within three months of classification regarding development best practices,
including continued identification, addressing levels of risk for the lower two
effect levels in each of the categories, including but not limited to creating
photo inventories, conducting an archaeological field survey, archaeological
excavation, or onsite archaeological monitoring, and the presence of onsite
archaeological monitoring, and consider these best practices as standardized
for activities conducted under this section.
A county and the Hawaii community development authority shall incorporate by reference these best practices as conditions of approval for any project involving a permit, license, certificate, land use change, subdivision, or other entitlement for use.
[[(k)]] (m) Parcels and
rights-of-way identified by the department where all categories are rated in
the lower two effect levels shall be considered to comply with [subsections]
subsection (a) or [(b)] (d) or section 6E-8 regarding
state or county lands or projects, and any subsequent permit, license,
certificate, land use change, subdivision, or other entitlement for use shall
not require referral to or written concurrence from the department on project
effect determination and mitigation measures; provided that:
(1) The project is or includes infrastructure to support the development of:
(A) A majority-residential mixed-use transit-oriented development; or
(B) A residential transit-oriented development;
(2) The project has reached substantial construction by June 30, 2036; and
(3) Development activities have commenced consistent with best practices to address the applicable level of risk.
[[(l)]] (n) Any parcels
or rights-of-way characterized as highest risk shall require referral to the
department pursuant to subsection (a).
[[(m)]] (o) Section
6E-43.6 shall apply in the event of an inadvertent discovery of a burial site.
[[(n)]] (p) The Hawaii
housing finance and development corporation may submit to the department any
additional parcels or rights-of-way for programmatic review if the counties do
not provide a submittal pursuant to subsection [[(h)];] (j); provided that the same
analysis shall be conducted pursuant to subsection [[(i)],] (k), and the department
shall classify the submittal within six months of receipt.
[[(o)]] (q) The Hawaii
community development authority may submit parcels or rights-of-way within its
jurisdiction to the department for review, and any parcels or rights-of-way
identified by the department for which all categories are rated in the lower
two effect levels shall be considered to comply with [subsections] subsection
(a) or [(b)] (d) or section 6E-8 regarding state or county lands
or projects, and any subsequent permit, license, certificate, land use change,
subdivision, or other entitlement for use shall not require referral to the
department; provided that:
(1) The project is or includes infrastructure to support the development of:
(A) A majority-residential mixed-use transit-oriented development; or
(B) A residential transit-oriented development;
(2) The project has reached substantial construction by June 30, 2036;
(3) Development activities have commenced consistent with best practices to address the applicable level of risk; and
(4) The department shall classify the submittal within six months of receipt.
[[(p)]] (r) The
department shall adopt rules in accordance with chapter 91 to implement this
section.
[[(q)]] (s) For the purposes of this section, "majority-residential mixed-use
transit-oriented development" means a mixed-use transit-oriented
development project where the majority of the project is residential and may
include off-site infrastructure."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2026,
after the amendments made by Act 306, Session Laws of Hawaii 2025, to section
6E-42, Hawaii Revised Statutes, take effect; provided that section 3 of this
Act shall be repealed on June 30, 2030, and section 6E-42, Hawaii Revised
Statutes, shall be reenacted in the form in which it read on the day prior to
the effective date of Act 306, Session Laws of Hawaii 2025.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
Historic Preservation; State Historic Preservation Division Review; Historic Properties; Private Properties; Project Review; Review Period
Description:
Authorizes SHPD to conduct a phased review of a proposed project on private property under certain circumstances. Amends the process and deadlines by which SHPD must provide written concurrence or non-concurrence for a proposed project on private property or other project that requires entitlement for use, after which concurrence may be assumed and the project may proceed.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
Date
|
Status
|
|---|---|
| Jun 4, 2026 | Act 076, on 06/03/2026 (Gov. Msg. No. 1176). |
| Jun 4, 2026 | Act 076, 06/03/2026 (Gov. Msg. No. 1176). |
| May 8, 2026 | Received notice of passage on Final Reading in House (Hse. Com. No. 888). |
| May 7, 2026 | Transmitted to Governor. |
| May 6, 2026 | Received notice of Final Reading (Sen. Com. No. 816). |
| May 6, 2026 | Passed Final Reading as amended in CD 1 with Representative(s) Cochran voting aye with reservations; Representative(s) Belatti, Perruso, Poepoe voting no (3) and none excused (0). |
| May 6, 2026 | Passed Final Reading, as amended (CD 1). Ayes, 25; Aye(s) with reservations: none . 0 No(es): none. 0 Excused: none. |
| May 1, 2026 | 48 Hrs. Notice (as amended CD 1) 05-06-26 |
| May 1, 2026 | Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 174-26). |
| May 1, 2026 | Forty-eight (48) hours notice Wednesday, 05-06-26. |
| May 1, 2026 | Reported from Conference Committee (Conf Com. Rep. No. 174-26) as amended in (CD 1). |
| Apr 30, 2026 | The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 3 Aye(s): Senator(s) Lee, C., Rhoads, Lamosao; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Apr 30, 2026 | The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 4 Ayes: Representative(s) Hashem, Evslin, Miyake, Shimizu; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none. |
| Apr 29, 2026 | Conference committee meeting to reconvene on 04-30-26 9:00AM; Conference Room 229. |
| Apr 28, 2026 | Conference committee meeting to reconvene on 04-29-26 9:00AM; Conference Room 229. |
| Apr 27, 2026 | Conference committee meeting to reconvene on 04-28-26 9:00AM; CR 229. |
| Apr 24, 2026 | Conference committee meeting scheduled for 04-27-26 9:00AM; CR 229. |
| Apr 21, 2026 | Received notice of Senate conferees (Sen. Com. No. 717). |
| Apr 21, 2026 | Senate Conferees Appointed: Lee, C. Chairs; Rhoads Co-Chair; Lamosao. |
| Apr 20, 2026 | Received notice of appointment of House conferees (Hse. Com. No. 786). |
| Apr 20, 2026 | House Conferees Appointed: Hashem, Evslin, Miyake Co-Chairs; Shimizu. |
| Apr 17, 2026 | Received notice of disagreement (Hse. Com. No. 780). |
| Apr 16, 2026 | House disagrees with Senate amendment (s). |
| Apr 14, 2026 | Returned from Senate (Sen. Com. No. 608) in amended form (SD 2). |
| Apr 14, 2026 | Report Adopted; Passed Third Reading, as amended (SD 2). Ayes, 25; Aye(s) with reservations: Senator(s) Inouye, Kim, Lamosao. Noes, 0 (none). Excused, 0 (none). Transmitted to House. |
| Apr 10, 2026 | 48 Hrs. Notice 04-14-26. |
| Apr 10, 2026 | Reported from JDC (Stand. Com. Rep. No. 3767) with recommendation of passage on Third Reading, as amended (SD 2). |
| Apr 9, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 5 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Apr 2, 2026 | The committee(s) on JDC will hold a public decision making on 04-09-26 10:01AM; Conference Room 016 & Videoconference. |
| Mar 30, 2026 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC. |
| Mar 30, 2026 | Reported from WLA (Stand. Com. Rep. No. 3362) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC. |
| Mar 25, 2026 | The committee(s) on WLA recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in WLA were as follows: 3 Aye(s): Senator(s) Lee, C., DeCorte; Aye(s) with reservations: Senator(s) Lamosao ; 0 No(es): none; and 2 Excused: Senator(s) Inouye, Chang. |
| Mar 24, 2026 | The committee(s) on WLA has scheduled a public hearing on 03-25-26 1:05PM; Conference Room 224 & Videoconference. |
| Mar 23, 2026 | Public notice requirement waived pursuant to Senate Rule 21. |
| Mar 10, 2026 | Referred to WLA, JDC. |
| Mar 10, 2026 | Passed First Reading. |
| Mar 10, 2026 | Received from House (Hse. Com. No. 150). |
| Mar 6, 2026 | Passed Third Reading with Representative(s) Shimizu voting aye with reservations; Representative(s) Poepoe voting no (1) and Representative(s) Perruso, Quinlan, Sayama excused (3). Transmitted to Senate. |
| Mar 6, 2026 | Reported from FIN (Stand. Com. Rep. No. 973-26), recommending passage on Third Reading. |
| Mar 3, 2026 | The committee on FIN recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 16 Ayes: Representative(s) Todd, Takenouchi, Hartsfield, Hussey, Keohokapu-Lee Loy, Kitagawa, Kusch, Lee, M., Miyake, Morikawa, Perruso, Templo, Yamashita, Alcos, Gedeon, Reyes Oda; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none. |
| Feb 27, 2026 | Bill scheduled to be heard by FIN on Tuesday, 03-03-26 10:00AM in House conference room 308 VIA VIDEOCONFERENCE. |
| Feb 19, 2026 | Report adopted; referred to the committee(s) on FIN as amended in HD 2 with Representative(s) Cochran, Perruso, Poepoe, Shimizu voting aye with reservations; none voting no (0) and none excused (0). |
| Feb 19, 2026 | Reported from HSG (Stand. Com. Rep. No. 578-26) as amended in HD 2, recommending referral to FIN. |
| Feb 11, 2026 | The committee on HSG recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Evslin, Miyake, Grandinetti, Kila, Kitagawa, La Chica, Muraoka, Pierick; Ayes with reservations: Representative(s) Cochran; Noes: none; and Excused: none. |
| Feb 6, 2026 | Bill scheduled to be heard by HSG on Wednesday, 02-11-26 9:00AM in House conference room 430 VIA VIDEOCONFERENCE. |
| Feb 6, 2026 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on HSG with Representative(s) Cochran, Perruso, Poepoe, Shimizu voting aye with reservations; none voting no (0) and none excused (0). |
| Feb 6, 2026 | Reported from WAL (Stand. Com. Rep. No. 55-26) as amended in HD 1, recommending passage on Second Reading and referral to HSG. |
| Feb 3, 2026 | The committee on WAL recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Hashem, Morikawa, Ichiyama, Woodson; Ayes with reservations: Representative(s) Belatti, Iwamoto, Poepoe, Shimizu, Souza; Noes: none; and Excused: none. |
| Jan 30, 2026 | Bill scheduled to be heard by WAL on Tuesday, 02-03-26 9:00AM in House conference room 411 VIA VIDEOCONFERENCE. |
| Jan 26, 2026 | Referred to WAL, HSG, FIN, referral sheet 1 |
| Jan 21, 2026 | Introduced and Pass First Reading. |
| Jan 20, 2026 | Prefiled. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| May 6, 2026 | Final Reading | House Floor |
Passed |
|
| May 6, 2026 | Final Reading | Senate Floor |
Passed |
|
| Apr 14, 2026 | Third Reading | Senate Floor |
Passed |
|
| Apr 9, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Judiciary |
Passed |
|
| Mar 25, 2026 | The committee(s) on WLA recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Water, Land, Culture and the Arts |
Passed |
|
| Mar 6, 2026 | Third Reading | House Floor |
Passed |
|
| Mar 3, 2026 | The committee on FIN recommend that the measure be PASSED, UNAMENDED | House Standing Committee on Finance |
Passed |
|
| Feb 11, 2026 | The committee on HSG recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Housing |
Passed |
|
| Feb 3, 2026 | The committee on WAL recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Water & Land |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| AARP Hawaiʻi | ** Support | |
| ABC Stores | *** Support | Apr 9, 2026 |
| Avalon Development Company LLC | *** Support | Mar 25, 2026 |
| Department of Land and Natural Resources | *** Support | Apr 9, 2026 |
| Department of Planning and Permitting, City and County of Honolulu | *** Support | Apr 9, 2026 |
| Front Street Recovery (member) | *** Support | Feb 11, 2026 |
| General Contractors Association of Hawaii | ** Support | |
| gerdel.studio LLC | ** Support | |
| Grassroot Institute of Hawaii | *** Support | Mar 25, 2026 |
| Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO | ** Support | |
| Hawaii LECET | *** Support | Feb 11, 2026 |
| Hawaiʻi Community Foundation | *** Support | Mar 25, 2026 |
| Hawai‘i Association of REALTORS® | *** Support | Apr 9, 2026 |
| Hawai‘i Land Trust | *** Support | Apr 9, 2026 |
| Housing Hawai‘i’s Future | *** Support | Apr 9, 2026 |
| Kahua O Kakou Corporation | *** Support | Apr 9, 2026 |
| Kauai County Council | *** Support | Feb 11, 2026 |
| Kaua‘i County Council | *** Support | Apr 9, 2026 |
| Kiai Iwi Alakai | *** Against | Feb 3, 2026 |
| Kiaʻi Iwi Alakaʻi | ** Against | |
| Ko`olau Foundation | *** Support | Apr 9, 2026 |
| Kuaʻāina Ulu ʻAuamo (KUA) | *** Support | Apr 9, 2026 |
| Laborers & Employers Cooperation and Education Trust | ** Support | |
| Laborers & Employers Cooperation and Education Trust | *** Support | Feb 11, 2026 |
| Land Use Research Foundation of Hawaii (LURF) | *** Support | Apr 9, 2026 |
| Maui Brewing Co. | ** Support | |
| Maui Chamber of Commerce | *** Support | Apr 9, 2026 |
| Maui County Council | *** Support | Apr 9, 2026 |
| Maui Hotel and Lodging Association | *** Support | Apr 9, 2026 |
| NAIOP Hawaii | *** Support | Mar 25, 2026 |
| Nohopapa Hawaiʻi, LLC | *** Support | Apr 9, 2026 |
| Office of Hawaiian Affairs | *** Support | Apr 9, 2026 |
| Office of Planning and Sustainable Development | *** Support | Apr 9, 2026 |
| Office of the Governor Recovery and Resiliency | ** Support | |
| Oʻahu Historic Preservation Commission | *** Support | Apr 9, 2026 |
| Protect Keopuka Ohana | *** Support | Apr 9, 2026 |
| Sierra Club of Hawaiʻi | ** Against | |
| Society for Hawaiian Archaeology | *** Against | Mar 25, 2026 |
| Stanford Carr Development, LLC | ** Support | |
| the Society for Hawaiian Archaeology | ** Against | |
| The Gallery Ltd | ** Support | |
| The Gallery Ltd / 714 Front Street | *** Support | Feb 11, 2026 |
STAND. COM. REP. NO. 973-26
Honolulu, Hawaii
, 2026
RE: H.B. No. 1710
H.D. 2
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Madame:
Your Committee on Finance, to which was referred H.B. No. 1710, H.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO HISTORIC PRESERVATION,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Authorize the State Historic Preservation Division to conduct a phased review of a proposed project on private property under certain circumstances; and
(2) Amend the process and deadlines by which the State Historic Preservation Division must provide written concurrence or non-concurrence for proposed projects on private property or certain projects that require state or county approval for entitlement for use, after which concurrence may be assumed and the project may move to the next step in the compliance process.
Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; Office of Planning and Sustainable Development; Department of Planning and Permitting of the City and County of Honolulu; one member of the Maui County Council; one member of the Kauaʻi County Council; Maui Chamber of Commerce; Hawaiʻi Association of REALTORS; AARP Hawaiʻi; NAIOP Hawaii; The Gallery Ltd; Grassroot Institute of Hawaii; Maui Hotel & Lodging Association; and two individuals. Your Committee received testimony in opposition to this measure from the Society for Hawaiian Archaeology. Your Committee received comments on this measure from the Department of the Attorney General; Office of Hawaiian Affairs; and one individual.
As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1710, H.D. 2, and recommends that it pass Third Reading.
Respectfully submitted on behalf of the members of the Committee on Finance,
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____________________________ CHRIS TODD, Chair |
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STAND. COM. REP. NO. 578-26
Honolulu, Hawaii
, 2026
RE: H.B. No. 1710
H.D. 2
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Madame:
Your Committee on Housing, to which was referred H.B. No. 1710, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO HISTORIC PRESERVATION,"
begs leave to report as follows:
The purpose of this measure is to authorize the State Historic Preservation Division to conduct phased reviews for certain private property projects and to amend the process and deadlines by which the Division must issue written concurrence or non‑concurrence on project effect determinations.
Your Committee received testimony in support of this measure from the Office of the Governor Recovery and Resiliency; Department of Land and Natural Resources; Office of Planning and Sustainable Development; one member of the Kauaʻi County Council; Department of Planning and Permitting of the City and County of Honolulu; Hawaiʻi Association of REALTORS; NAIOP Hawaii; ABC Stores; Laborers & Employers Cooperation and Education Trust; General Contractors Association of Hawaii; Housing Hawaiʻi's Future; AARP Hawaii; The Avalon Group; Grassroot Institute of Hawaii; Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; Stanford Carr Development, LLC; gerdel.studio LLC; and seven individuals. Your Committee received comments on this measure from the Office of Hawaiian Affairs.
Your Committee finds that lengthy and inconsistent historic preservation reviews, often worsened by incomplete submittals and unpredictable processing timelines, contribute to significant delays in housing production and infrastructure planning across the State. Your Committee further finds that while there is strong interest in modernizing the historic preservation review framework, concerns have also been raised about the risk of inadvertent disturbance to iwi kupuna and other historic resources if reviews are not conducted with clear standards, full information, and adequate safeguards. Your Committee believes that establishing defined timelines, ensuring complete submittals, and allowing phased review in appropriate circumstances will create a more predictable and transparent process that supports timely development, while also maintaining necessary protections for historic and cultural resources.
Your Committee has amended this measure by:
(1) Clarifying that for privately owned historic property, if after the applicable timeframe the Department of Land and Natural Resources fails to provide written concurrence or non-concurrence, the property owner may assume the Department's concurrence and move to the next step in the compliance process;
(2) Specifying that the Department of Land and Natural Resources has ninety calendar days, or thirty calendar days if no historic properties are adversely affected by the proposed project, to provide written concurrence or non-concurrence; and
(3) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1710, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.B. No. 1710, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Housing,
|
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____________________________ LUKE A. EVSLIN, Chair |
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STAND. COM. REP. NO. 55-26
Honolulu, Hawaii
, 2026
RE: H.B. No. 1710
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Madame:
Your Committee on Water & Land, to which was referred H.B. No. 1710 entitled:
"A BILL FOR AN ACT RELATING TO HISTORIC PRESERVATION,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Authorize the State Historic Preservation Division to conduct a phased review of a proposed project on private property under certain circumstances; and
(2) Amend the process and deadlines by which the State Historic Preservation Division must provide written concurrence or non-concurrence for a proposed project on private property or other project that requires entitlement for use, after which concurrence may be assumed and the project may proceed.
Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; Office of Planning and Sustainable Development; Department of Planning and Permitting of the City and County of Honolulu; Hawaiʻi Association of REALTORS; Maui Brewing Co.; Grassroot Institute of Hawaii; NAIOP Hawaii; and three individuals. Your Committee received testimony in opposition to this measure from the Sierra Club of Hawaiʻi; Kiaʻi Iwi Alakaʻi; and four individuals. Your Committee received comments on this measure from the Office of Hawaiian Affairs.
Your Committee finds that this measure is a direct outgrowth of the concerted efforts of the Simplifying Permitting for Enhanced Economic Development (SPEED) Task Force established by Act 133, Session Laws of Hawaii 2025. Your Committee further finds that this measure would help clarify and streamline the historic preservation review process by establishing a clear and consistent standard for what constitutes a complete submittal to the State Historic Preservation Division, which would materially improve predictability for the State, counties, and private property owners.
Your Committee has amended this measure by:
(1) Specifying that if circumstances dictate that construction, alteration, disposition, routine maintenance, or improvement of private property be done in stages or repeatedly executed to ensure the preservation of historic properties, the Department of Land and Natural Resources' (DLNR) review may be based on a phased review of the project or long-term maintenance of the property; provided that there is a programmatic agreement executed among DLNR, the property owner, and any project proponent that identifies each phase and the estimated timeline of each phase or the long-term and repeated maintenance activities that are required to preserve the historic property;
(2) Requiring DLNR to provide written concurrence or non-concurrence within ninety calendar days, or within thirty calendar days if no historic properties are adversely affected by the proposed construction, alteration, disposition, or improvement, after DLNR has processed a complete submittal filed by the property owner;
(3) Requiring DLNR to certify a complete submittal within five business days of its filing by a property owner;
(4) Providing that if DLNR fails to provide written concurrence or non-concurrence within ninety calendar days, or within thirty calendar days if no historic properties are adversely affected by the proposed project, after receiving and certifying a true and complete submittal from the property owner, the property owner may assume DLNR's concurrence for the proposed project;
(5) With respect to DLNR's review of proposed projects of state and county agencies, requiring DLNR to provide written concurrence or non-concurrence within ninety calendar days after the filing of a request with the DLNR;
(6) With respect to DLNR's review of proposed projects of state and county agencies, providing that if DLNR fails to provide a written concurrence or non-concurrence with a project effect determination within ninety calendar days of receiving a true and complete submittal for a project, the lead agency may assume DLNR's concurrence and the project may move to the next step in the compliance process;
(7) Extending from January 1, 2026, to January 1, 2028, the deadline by which the counties and Hawaii Community Development Authority must work with DLNR to identify and submit to DLNR specific parcels and rights-of-way in proximity to mass transit stations where a majority-residential mixed-use transit-oriented development, a residential transit-oriented development, or infrastructure is specifically consistent with a comprehensive general plan;
(8) Changing its effective date to July 1, 3000, to encourage further discussion; and
(9) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1710, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1710, H.D. 1, and be referred to your Committee on Housing.
Respectfully submitted on behalf of the members of the Committee on Water & Land,
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____________________________ MARK J. HASHEM, Chair |
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Date
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Testimony PDF
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| Apr 9, 2026 | HB1710_SD1_TESTIMONY_JDC_04-09-26_.PDF |
| Mar 25, 2026 | HB1710_HD2_TESTIMONY_WLA_03-25-26_.PDF |
| Mar 3, 2026 | HB1710_HD2_TESTIMONY_FIN_03-03-26_.PDF |
| Feb 11, 2026 | HB1710_HD1_TESTIMONY_HSG_02-11-26_.PDF |
| Feb 3, 2026 | HB1710_TESTIMONY_WAL_02-03-26_.PDF |
Discussed in Hearing
1MIN
Conference Committee
1MIN
Conference Committee
34SEC
Conference Committee
36SEC
Conference Committee
1MIN
Conference Committee
49SEC
Senate Standing Committee on Judiciary
17MIN
Senate Standing Committee on Economic Development and Tourism
17MIN
