HB 367: County Permits; Maintenance; Group U Structures; Remodeling; Special Management Areas; Exemptions

A BILL FOR AN ACT

RELATING TO BUILDING PERMITS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§46-    Maintenance and repairs; group U structures; remodeling; exemptions from building permit requirements.  (a)  Notwithstanding any law to the contrary, the following shall be exempt from the requirement to obtain any county permit when located in areas outside of a special management area delineated pursuant to chapter 205A:

     (1)  Repairs that involve the replacement of component parts of existing work with like-for-like materials for the purpose of maintenance, without regard to the value of the materials or labor; provided that the repairs do not involve any electrical, plumbing, or mechanical installations;

     (2)  Group U occupancies that do not exceed one thousand square feet; and

     (3)  Interior remodeling that does not:

          (A)  Affect building square footage or the number of rooms or bathrooms;

          (B)  Modify the location of rooms, walls, or windows; or

          (C)  Change the use.

     (b)  Notwithstanding subsection (a), an owner or occupier who intends to:

     (1)  Perform exempt repairs and maintenance on any dwelling larger than three thousand square feet or structure larger than five thousand square feet that has group A, B, E, F, H, I, or M occupancy under the International Building Code;

     (2)  Install a structure larger than one thousand square feet with group U occupancy; or

     (3)  Perform any interior remodeling work on an existing structure,

shall submit plans and provide written notice to the appropriate county agency about the type of proposed work.

     (c)  No work shall commence until the appropriate county agency has determined that a building permit for the proposed work is not required to comply with federal, state, or county floodplain management development standards, statutes, rules, ordinances, codes, or regulations pursuant to National Flood Insurance Program requirements.

     (d)  The appropriate county agency shall certify the work within thirty calendar days upon the receipt of the written notice from the owner or occupier, pursuant to subsection (b).

     (e)  The applicable county fire department and county building permitting agency may enter the property, upon reasonable notice to the owner or occupier, to investigate exempted work for compliance with the requirements of this section.

     If entry is refused after reasonable notice is given, the applicable county fire department or county building permitting agency may apply to the district court of the circuit in which the property is located for a warrant, directed to any police officer of the circuit, commanding the police officer to provide sufficient aid and to assist the county fire department or county building permitting agency in gaining entry onto the property to investigate exempted work for compliance, pursuant to the requirements of this section.

     (f)  This section shall not apply to buildings, work, or structures otherwise exempted from building permitting or building code requirements by applicable county ordinance.

     (g)  This section shall not be construed to supersede public or private lease conditions.

     (h)  The State and counties shall not be liable for claims arising from the performance of work described in this section, unless the claim arises out of gross negligence or intentional misconduct by the State or the applicable county.

     (i)  This section shall not be construed to exempt any new or existing buildings, structures, related appurtenances, or other work from building permit requirements, underlying zoning requirements, and other requirements of federal, state, or county floodplain management development standards, statutes, rules, ordinances, codes, or regulations, pursuant to National Flood Insurance Program requirements.

     (j)  Any failure to comply with this section shall result in penalties that are consistent with those imposed by the applicable county building permitting agency.

     (k)  As used in this section, "group U occupancy" includes uninhabited structures, including but not limited to agricultural buildings, aircraft hangars, accessories to one- or two-family residences, barns, carports, communication equipment structures, fences, grain silos, livestock shelters, private garages, retaining walls, sheds, stables, tanks, and towers."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2050.

Report Title:

County Permits; Maintenance; Group U Structures; Remodeling; Special Management Areas; Exemptions

Description:

Allows for county permit exemptions for certain kinds of activities, including maintenance activities, installing group U structures, and certain interior remodeling work, when located outside a special management area.  Effective 7/1/2050.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO BUILDING PERMITS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§46-     Maintenance and repairs; group U structures; remodeling; exemptions from building permit requirements.  (a)  Notwithstanding any law to the contrary, the following shall be exempt from the requirement to obtain any county permit when located in areas outside of a special management area delineated pursuant to chapter 205A:

     (1)  Repairs that involve the replacement of component parts of existing work with like-for-like materials for the purpose of maintenance, without regard to the value of the materials or labor; provided that the repairs do not involve any electrical, plumbing, or mechanical installations;

     (2)  Group U occupancies that do not exceed one thousand square feet; and

     (3)  Interior remodeling that does not affect building square footage or the number of rooms or bathrooms and does not modify the location of rooms, walls, or windows.

     (b)  Notwithstanding subsection (a), an owner or occupier who intends to:

     (1)  Perform exempt repairs and maintenance on any dwelling larger than three thousand square feet or structure larger than five thousand square feet that has group A, B, E, F, H, I, or M occupancy under the International Building Code;

     (2)  Install a structure larger than one thousand square feet with group U occupancy; or

     (3)  Perform any interior remodeling work on an existing structure,

shall provide written notice to the appropriate county agency about the type of proposed work.

     (c)  No work shall commence until the appropriate county agency has determined that a building permit for the proposed work is not required to comply with federal, state, or county floodplain management development standards, statutes, rules, ordinances, codes, or regulations pursuant to National Flood Insurance Program requirements.

     (d)  The appropriate county agency shall certify the work within thirty calendar days upon the receipt of the written notice from the owner or occupier, pursuant to subsection (b).

     (e)  The applicable county fire department and county building permitting agency may enter the property, upon reasonable notice to the owner or occupier, to investigate exempted work for compliance with the requirements of this section.

     If entry is refused after reasonable notice is given, the applicable county fire department or county building permitting agency may apply to the district court of the circuit in which the property is located for a warrant, directed to any police officer of the circuit, commanding the police officer to provide sufficient aid and to assist the county fire department or county building permitting agency in gaining entry onto the property to investigate exempted work for compliance, pursuant to the requirements of this section.

     (f)  This section shall not apply to buildings, work, or structures otherwise exempted from building permitting or building code requirements by applicable county ordinance.

     (g)  This section shall not be construed to supersede public or private lease conditions.

     (h)  The State and counties shall not be liable for claims arising from the performance of work described in this section, unless the claim arises out of gross negligence or intentional misconduct by the State or the applicable county.

     (i)  This section shall not be construed to exempt any new or existing buildings, structures, related appurtenances, or other work from building permit requirements, underlying zoning requirements, and other requirements of federal, state, or county floodplain management development standards, statutes, rules, ordinances, codes, or regulations, pursuant to National Flood Insurance Program requirements.

     (j)  Any failure to comply with this section shall result in penalties that are consistent with those imposed by the applicable county building permitting agency.

     (k)  As used in this section, "group U occupancy" includes uninhabited structures, including but not limited to agricultural buildings, aircraft hangars, an accessory to a one- or two-family residence, barns, carports, communication equipment structures, fences, grain silos, livestock shelters, private garages, retaining walls, sheds, stables, tanks, and towers."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on January 1, 3000.

Report Title:

County Permits; Maintenance; Group U Structures; Remodeling; Special Management Areas; Exemptions

Description:

Allows for county permit exemptions for certain kinds of activities, including maintenance activities, installing group U structures, and interior remodeling work, when located outside a special management area.  Effective 1/1/3000.  (HD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO BUILDING PERMITS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§46-     Maintenance and repairs; group U structures; remodeling; exemptions from building permit requirements.  (a)  Notwithstanding any law to the contrary, the following shall be exempt from the requirement to obtain any county permit when located in areas outside of a special management area delineated pursuant to chapter 205A:

     (1)  Repairs that involve the replacement of component parts of existing work with like-for-like materials for the purpose of maintenance, without regard to the value of the materials or labor; provided that the repairs do not involve any electrical, plumbing, or mechanical installations;

     (2)  Group U occupancies that do not exceed one thousand square feet; and

     (3)  Interior remodeling that does not affect building square footage or the number of rooms or bathrooms and does not modify the location of rooms, walls, or windows.

     (b)  Notwithstanding subsection (a), an owner or occupier who intends to:

     (1)  Perform exempt repairs and maintenance on any dwelling larger than three thousand square feet or structure larger than five thousand square feet that has group A, B, E, F, H, I, or M occupancy under the International Building Code;

     (2)  Install a structure larger than one thousand square feet with group U occupancy; or

     (3)  Perform any interior remodeling work on an existing structure,

shall provide written notice to the appropriate county agency about the type of proposed work.

     (c)  No work shall commence until the appropriate county agency has determined that a building permit for the proposed work is not required to comply with federal, state, or county floodplain management development standards, statutes, rules, ordinances, codes, or regulations pursuant to National Flood Insurance Program requirements.

     (d)  The appropriate county agency shall certify the work within thirty calendar days upon the receipt of the written notice from the owner or occupier, pursuant to subsection (b).

     (e)  The applicable county fire department and county building permitting agency may enter the property, upon reasonable notice to the owner or occupant, to investigate exempted work for compliance with the requirements of this section.

     If entry is refused after reasonable notice is given, the applicable county fire department or county building permitting agency may apply to the district court of the circuit in which the property is located for a warrant, directed to any police officer of the circuit, commanding the police officer to provide sufficient aid and to assist the county fire department or county building permitting agency in gaining entry onto the property to investigate exempted work for compliance, pursuant to the requirements of this section.

     (f)  This section shall not apply to buildings, work, or structures otherwise exempted from building permitting or building code requirements by applicable county ordinance.

     (g)  This section shall not be construed to supersede public or private lease conditions.

     (h)  The State and counties shall not be liable for claims arising from the performance of work described in this section, unless the claim arises out of gross negligence or intentional misconduct by the State or the applicable county.

     (i)  This section shall not be construed to exempt any new or existing buildings, structures, related appurtenances, or other work from building permit requirements, underlying zoning requirements, and other requirements of federal, state, or county floodplain management development standards, statutes, rules, ordinances, codes, or regulations, pursuant to National Flood Insurance Program requirements.

     (j)  Any failure to comply with this section shall result in penalties that are consistent with those imposed by the applicable county building permitting agency.

     (k)  As used in this section, "group U occupancy" includes uninhabited structures, including but not limited to agricultural buildings, aircraft hangars, accessory to a one- or two-family residence, barns, carports, communication equipment structures, fences, grain silos, livestock shelters, private garages, retaining walls, sheds, stables, tanks, and towers."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on January 1, 3000.

Report Title:

County Permits; Special Management Areas; Exemptions

Description:

Allows for county permit exemptions for certain kinds of activities, including agricultural and maintenance activities.  Effective 1/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO BUILDING PERMITS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§46-     Maintenance and repairs; group U structures; remodeling; exemptions from building permit requirements.  (a)  Notwithstanding any law to the contrary, the following shall be exempt from the requirement to obtain a county building permit:

     (1)  Repairs that involve the replacement of component parts of existing work with like-for-like materials for the purpose of maintenance, without regard to the value of the materials or labor; provided that the repairs do not involve any electrical, plumbing, or mechanical installations;

     (2)  Group U occupancies that do not exceed 1,000 square feet; and

     (3)  Interior remodeling that does not affect building square footage or the number of rooms or bathrooms and does not modify the location of rooms, walls, or windows.

     (b)  Notwithstanding subsection (a)(1) or (a)(2), an owner or occupier that intends to:

     (1)  Perform exempt repairs and maintenance on any dwelling larger than 3,000 square feet or structure larger than 5,000 square feet that has group A, B, E, F, H, I or M occupancy under the International Building Code; or

     (2)  Install a structure larger than 1,000 square feet with group U occupancy,

shall provide written notice to the appropriate county agency about the type of proposed work.

     (c)  No work shall commence until the appropriate county agency has determined that a building permit for the proposed work is not required to comply with county, state, or federal floodplain management development standards, ordinances, codes, statutes, rules, or regulations pursuant to National Flood Insurance Program requirements.

     (d)  The appropriate county agency shall certify the work within thirty calendar days upon the receipt of the written notice from the owner or occupier, pursuant to subsection (b).

     (e)  The applicable county fire department and county building permitting agency may enter the property, upon reasonable notice to the owner or occupant, to investigate exempted work for compliance with the requirements of this section.

     If entry is refused after reasonable notice is given, the applicable county fire department or agency may apply to the district court of the circuit in which the property is located for a warrant, directed to any police officer of the circuit, commanding the police officer to provide sufficient aid and to assist the county fire department or agency in gaining entry onto the property to investigate exempted work for compliance, pursuant to the requirements of this section.

     (f)  This section shall not apply to buildings, work, or structures otherwise exempted from building permitting or building code requirements by applicable county ordinance.

     (g)  This section shall not be construed to supersede public or private lease conditions.

     (h)  The State and counties shall not be liable for claims arising from the performance of work described in this section, unless the claim arises out of gross negligence or intentional misconduct by the State or the applicable county.

     (i)  This section shall not be construed to exempt any new or existing buildings, structures, related appurtenances, or other work from building permit requirements and other requirements of county, state, or federal floodplain management development standards, ordinances, codes, statutes, rules, or regulations, pursuant to National Flood Insurance Program requirements.

     (j)  Any failure to comply with this section shall result in penalties that are consistent with those imposed by the applicable county building permitting agency.

     (k)  As used in this section, "group U occupancy" includes uninhabited structures, including but not limited to agricultural buildings, aircraft hangars, accessory to a one- or two-family residence, barns, carports, communication equipment structures, fences, grain silos, livestock shelters, private garages, retaining walls, sheds, stables, tanks, and towers."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on January 1, 2026.

Report Title:

Building Permits; Exemptions

Description:

Allows for building permit exemptions for certain kinds of activities.  Effective 1/1/2026.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 1096

Honolulu, Hawaii

RE:    H.B. No. 367

       H.D. 2

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Housing, to which was referred H.B. No. 367, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO BUILDING PERMITS,"

begs leave to report as follows:

     The purpose and intent of this measure is to allow for county permit exemptions for certain kinds of activities, including maintenance activities, installing group U structures, and interior remodeling work, when located outside a special management area.

     Your Committee received testimony in support of this measure from the Hawaiʻi Farm Bureau, Grassroot Institute of Hawaii, and one individual.

     Your Committee received testimony in opposition to this measure from the Department of Planning and Permitting of the City and County of Honolulu and one individual.

     Your Committee received comments on this measure from Department of Public Works of the County of Hawaiʻi.

     Your Committee finds that existing law and regulations regarding building permits have become inconsistent across counties, creating confusion and adding unnecessary delays in the construction process.  While there are certain exemptions for nonresidential agricultural and aquacultural structures, the scope of these exemptions still poses challenges for ranchers and farmers due to additional county requirements and differing interpretations of the law.  Streamlining existing exemptions will allow farmers and the broader agricultural industry to increase operations and prioritize critical food production.  Therefore, this measure establishes statewide carveouts to building permit requirements to continue support of the State's agricultural industry and reduce unnecessary regulatory barriers.

     Your Committee has amended this measure by:

     (1)  Clarifying that exempted interior remodeling shall not change the use of a group U structure;

     (2)  Inserting language requiring an owner or occupier to submit plans, in addition to providing written notice, to the appropriate county agency about the type of proposed work;

     (3)  Inserting an effective date of July 1, 2050, to encourage further discussion; and

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     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. 367, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 367, H.D. 2, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Housing,

STAND. COM. REP. NO.  1161

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 367

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 367, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO BUILDING PERMITS,"

begs leave to report as follows:

     The purpose of this measure is to allow for county permit exemptions for certain kinds of activities, including maintenance activities, installing group U structures, and interior remodeling work, when located outside a special management area.

     Your Committee received testimony in support of this measure from the Hawaiʻi Farm Bureau; Grassroot Institute of Hawaii; and one individual.  Your Committee received testimony in opposition to this measure from the Department of Planning and Permitting of the City and County of Honolulu and one individual.

     Your Committee finds that farmers and ranchers require functional infrastructure, such as greenhouses, storage sheds, livestock shelters, irrigation systems, and fencing, to maintain and expand their operations.  However, despite the existing building permit exemption for certain nonresidential agricultural and aquacultural structures, many agricultural producers still face delays, additional county requirements, and inconsistent interpretations of the law when seeking to construct or repair essential structures.  This measure streamlines and clarifies the building permit exemptions for agricultural structures and maintenance activities.

     Your Committee has amended this measure by 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 Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 367, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 367, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  762

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 367

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Housing, to which was referred H.B. No. 367 entitled:

"A BILL FOR AN ACT RELATING TO BUILDING PERMITS,"

begs leave to report as follows:

     The purpose of this measure is to allow for building permit exemptions for certain kinds of activities, including agricultural structures and maintenance activities.

     Your Committee received testimony in support of this measure from the Hawai‘i Farm Bureau and Grassroot Institute of Hawaii.  Your Committee received comments on this measure from the Department of Land and Natural Resources.

     Your Committee finds that the existing building permit requirements for minor repairs, interior remodeling, and certain uninhabited structures in the State can cause unnecessary delays and administrative burdens for property owners and developers.  Many maintenance activities and small-scale projects, such as routine repairs or the installation of accessory structures, pose minimal risk and do not warrant an extensive permitting process.  This measure is intended to streamline the process for property owners while ensuring compliance with safety and floodplain management standards by creating certain exemptions from building permit requirements.  However, your Committee notes the concerns raised in testimony by the Department of Land and Natural Resources that certain exemptions proposed by this measure may be inconsistent with the National Flood Insurance Program, which may have unintended consequences.

     Accordingly, your Committee has amended this measure by:

     (1)  Clarifying that certain activities are exempt from obtaining any county permit, rather than only a county building permit, when located in areas outside of a special management area;

     (2)  Requiring an owner or occupier who intends to perform any interior remodeling work on an existing structure to submit written notification to the appropriate county agency;

     (3)  Specifying that the authority granted under this measure shall not be construed to exempt any new or existing buildings, structures, related appurtenances, or other work from underlying zoning requirements;

     (4)  Changing the effective date to January 1, 3000, to encourage further discussion; and

     (5)  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. 367, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 367, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Housing,