Hawaii Revised Statutes

Haw. Rev. Stat. § 205A-28 (2026)

Permit required for development

✓ current as of July 2026

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§205A-28 Permit required for development. No development shall be allowed in any county within the special management area without obtaining a permit in accordance with this part. [L 1975, c 176, pt of §1; am L 1979, c 200, §11]

Law Journals and Reviews

Timesharing in the 1990s. I HBJ, no. 13, at 89 (1997).

Case Notes

Where developer's proposed subdivision fell within the definition of "development" found in §205A-22, trial court correctly determined that a special management area use permit was required. 109 H. 384, 126 P.3d 1071 (2006).

Where the city council did not delegate the power to determine the effects on archeological resources and the means to protect the resources to a private petitioner, and conditioned the issuance of any development permit for the rail project on its receipt of documentation that a programmatic agreement to minimize and mitigate adverse effects on historic properties as generally described in the final environmental impact statement had been executed, the city and State gave full consideration to cultural and historic values as required under this chapter. 128 H. 53, 283 P.3d 60 (2012).

Notes of Decisions

Cited in 1 case, 2006–2006 · leading case: Leslie v. Bd. of Appeals, 126 P.3d 1071 (Haw. 2006).

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Leslie v. Bd. of Appeals, 126 P.3d 1071 (Haw. 2006). · cites it 4× “Section 23-73, read together with the rest of Section 23, mandates that Section 23-23 applies to preliminary plats submitted for tentative approval. Special Management Area Permit 10.”

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