Hawaii Revised Statutes

Haw. Rev. Stat. § 205-8 (2026)

Nonconforming uses

✓ current as of July 2026

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§205-8 Nonconforming uses. The lawful use of land or buildings existing on the date of establishment of any interim agricultural district and rural district in final form may be continued although the use, including lot size, does not conform to this chapter; provided that no nonconforming building shall be replaced, reconstructed, or enlarged or changed to another nonconforming use and no nonconforming use of land shall be expanded or changed to another nonconforming use. In addition, if any nonconforming use of land or building is discontinued or held in abeyance for a period of one year, the further continuation of such use shall be prohibited. [L 1963, c 205, pt of §2; Supp, §98H-8; HRS §205-8]

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 2003–2023 · leading case: Save Sunset Beach Coalition v. City & Cnty. of Honolulu, 78 P.3d 1 (Haw. 2003).

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Save Sunset Beach Coalition v. City & Cnty. of Honolulu, 78 P.3d 1 (Haw. 2003). · cites it 2× “HRS § 205-8, which permits any "lawful use of land or buildings existing on the date of establishment of any interim agricultural district and rural district in final form[J” is not relevant here.”

Campos v. Plan. Comm'n of the Cnty. of Kaua'i., 539 P.3d 170 (Haw. App. 2023). · cites it 2× “2016) special permit or an HRS § 205-8 (2001) nonconforming use certificate is obtained.”

Ho'omoana Found. v. Land Use Comm'n, 509 P.3d 1129 (Haw. App. 2022). · cites it 4× “The circuit court also explained that "uses not expressly permitted in subsection (a) of HRS §205-4.”

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