Hawaii Revised Statutes

Haw. Rev. Stat. § 171-55 (2026)

  Permits

✓ current as of July 2026
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     §171-55  Permits.  (a)  Notwithstanding any other law to the contrary, the board of land and natural resources may issue permits for the temporary occupancy of state lands or an interest therein on a month-to-month basis by direct negotiation without public auction, under conditions and rent which will serve the best interests of the State, subject, however, to those restrictions as may from time to time be expressly imposed by the board.  A permit on a month-to-month basis may continue for a period not to exceed one year from the date of its issuance; provided that the board may allow the permit to continue on a month-to-month basis for additional one year periods.

     (b)  In each emergency permit for the installation of a sandbag, the board shall include as a condition a requirement for the attachment of identifying information, including the permittee's contact information and the permit number, to the sandbag.  The board shall specify the form and manner in which the identifying information shall be attached to the sandbag. [L 1962, c 32, pt of §2; Supp, §103A-52; am L 1967, c 234, §11; HRS §171-55; am L 1990, c 90, §1; am L 2022, c 209, §1]

 

Law Journals and Reviews

 

  A Voice for the Waters of East Maui.  43 UH L. Rev. 166 (2020).

 

 

Notes of Decisions
Cited in 16 cases (15 in the last 5 years), 1991–2026 · leading case: Carmichael v. Bd. of Land & Nat. Resources. (Haw. 2022).
Carmichael v. Bd. of Land & Nat. Resources. (Haw. 2022). · cites it 121× “” 9 HRS § 171-55 (2011) provides: Notwithstanding any other law to the contrary, the board of land and natural resources may issue permits for the temporary occupancy of state lands or an interest therein on a month-to-month basis by direct negotiation without public auction,…”
Sierra Club v. Bd. of Land & Nat. Resources. ICA Opinion, filed 04/12/2024 [ada], 154 Haw. 264. Dissenting Opinion by Nakasone, J. Consol. with CAAP-22-0000519. Application for Writ of Certiorari, filed 05/15/2024. S.Ct. Order Accepting Application for Writ of Certiorari, filed 07/11/2024 [ada]. ICA Order of Corr., filed 10/31/2024 [ada]. (Haw. 2025). · cites it 52× “Pursuant to HRS § 171-55 (2011), 1 the renewal re- authorized A&B to continue, for another year, its “temporary occupancy” of state lands and its daily diversion of millions of gallons of fresh water from East Maui’s streams into Central Maui.”
Kia'i Wai o Wai'ale'ale v. Bd. of Land & Nat. Resources (Haw. 2025). · cites it 32× “The ICA concluded that Petitioners had standing under article XI, section 9 of the Hawai‘i Constitution (clean and healthful environment), as defined by HRS § 171-55 (2011) and HRS chapter 343 (2010), but that Petitioners’ appeal was nonetheless moot and no exceptions to the…”
Sierra Club v. Bd. of Land & Nat. Resources. Dissenting Opinion by Nakasone, J. Consol. with CAAP-22-0000519. (Haw. App. 2024). · cites it 28× “13 13 Our holding does not leave Sierra Club without a potential remedy to challenge a BLNR decision continuing a revocable permit under HRS § 171-55 (2011). HRS § 91-14(a) (2012) provides that "nothing in this section shall be deemed to prevent resort to other means of review,…”
Ralston v. Bd. of Land & Nat. Resources (Haw. 2026). · cites it 26× “Moreover, the majority reasoned, “it would not have been unduly burdensome to afford Ralston a contested case hearing” because BLNR was already required to consider whether RP 7915 would serve the best interests of the State as required under HRS § 171-55. The ICA also stated,…”
Frankel v. Bd. of Land & Nat. Resources. Opinion by Hiraoka, J. Concurring in Part & Dissenting in Part., 155 Haw. 358 (Haw. App. 2025). · cites it 17× “The supreme court explained, "HRS § 171-55 did not authorize the BLNR's 2014 continuation decision because the BLNR did not make factual findings or enter conclusions of law positing that it was serving the State's best interests" and "[a]s a trustee of the public trust, the…”
Hui Ho'opulapula Nā Wai o Puna v. Dep't of Land & Nat. Resources (Haw. App. 2025). · cites it 15× “Here, BLNR's decision to continue KIUC's revocable permit was made under HRS § 171-55 in a public meeting. See Carmichael v.”
Ralston v. Bd. of Land & Nat. Resources (Haw. App. 2025). · cites it 14× “" As to his interest based on article XI, section 9, Ralston further argues that HRS Chapter 171, including HRS § 171-55,3/ and HRS Chapter 205A are the laws relating to 3/ HRS § 171-55 (2011) provided: (a) Notwithstanding any other law to the contrary, the board of land and…”
Ke Kauhulu O Mānā v. Bd. of Land & Nat. Resources, 547 P.3d 1188 (Haw. App. 2024). · cites it 15× “2 HRS § 171-55 authorizes BLNR to issue annual renewable permits for the temporary occupancy of state lands.”
Sierra Club v. Bd. of Land & Nat. Resources (Haw. App. 2025). · cites it 8× “Here, HRS § 171-55 (2011) conferred upon BLNR the statutory authority to "issue permits for the temporary occupancy of state lands.”
Kia'i Wai O Wai'Ale'Ale v. Bd. of Land & Nat. Resources, 550 P.3d 1265 (Haw. App. 2024). · cites it 6× “It held that BLNR violated Kia#i Wai's and Friends' due process rights when it denied their contested case petitions. It vacated BLNR's continuations of the Permit for 2021 and 2022.”
In re: Off. of Info. Practices Opinion Letter No. F19-04., 501 P.3d 304 (Haw. App. 2021). · cites it 2× “Accordingly, former HRS § 171-17(f) (1985) required that 13 FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER appraisals used by HDOT to negotiate airport lease rent amounts under HRS § 171-17, or to negotiate airport revocable permit rents under former HRS § 171-55…”
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