RELATING TO BUILDING PERMITS.

Agriculture

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: EVSLIN
Last action: 2025-12-08
Official status: Carried over to 2026 Regular Session.
Effective date: Not listed

Plain English Breakdown

Checked against official source text during the last sync.

Building Permit Exemptions

This bill allows certain activities to be exempt from county building permits, including maintenance work, installing small group U structures, and interior remodeling under specific conditions.

What This Bill Does

Exempts repairs that replace existing parts with similar materials for maintenance purposes from needing a permit.
Allows the installation of small group U structures without a permit if they are outside special management areas.
Permits certain types of interior remodeling work to be done without a permit, as long as it does not change the building's square footage or layout.
Requires owners to notify county agencies about proposed exempt work on larger buildings or structures.
Limits exemptions for floodplain development standards and requires compliance with National Flood Insurance Program requirements.

Who It Names or Affects

Homeowners and property owners who want to perform maintenance, install small group U structures, or do certain types of interior remodeling without a permit.
County agencies responsible for issuing building permits and enforcing regulations.

Terms To Know

Group U occupancy: Uninhabited structures such as agricultural buildings, aircraft hangars, barns, carports, communication equipment structures, fences, grain silos, livestock shelters, private garages, retaining walls, sheds, stables, tanks, and towers.

Limits and Unknowns

The bill does not apply to new or existing buildings that are exempt from building permit requirements by county ordinance.
It is unclear how this legislation will be enforced in special management areas.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HD1

Hawaii published version HD1

Plain English: This amendment allows certain building activities, like repairs and interior remodeling under specific conditions, to be exempt from county permit requirements in areas outside special management zones.

Repairs involving replacement of parts with similar materials are exempt if they do not involve electrical, plumbing, or mechanical installations.
Group U structures up to 1000 square feet and interior remodeling that does not change the building's layout or size can be done without a permit.
Owners must notify county agencies about proposed work under certain conditions.

The amendment text is complex, and some parts may require further clarification to understand fully.

HD2

Hawaii published version HD2

Plain English: This amendment allows certain maintenance, repair, and remodeling activities to be exempt from county building permits when they are outside special management areas.

Repairs that replace existing parts with similar materials without adding electrical, plumbing, or mechanical installations can be done without a permit if the work is outside special management areas.
Group U structures up to 1000 square feet and interior remodeling that does not change room layout or size are exempt from permits when located outside special management areas.
Owners must notify county agencies about proposed work for larger buildings or specific types of installations, even if they are exempt.

The amendment text is complex and includes many conditions that may be hard to understand without additional context.
It's unclear how the effective date of January 1, 3000, will impact implementation.

SD1

Hawaii published version SD1

Plain English: This amendment allows certain maintenance, repairs, and remodeling activities to be exempt from county building permits when they are outside special management areas.

Repairs involving like-for-like material replacement without electrical, plumbing, or mechanical installations can be done without a permit if the structure is not in a special management area.
Group U structures up to 1000 square feet and interior remodeling that does not change room layout or use are exempt from permits outside special management areas.
Owners must notify county agencies about proposed work on larger structures, even if it's exempt.

The amendment text is complex and includes many specific conditions under which exemptions apply. Some details may be hard to understand without additional context.

Bill History

2025-12-08 D
Carried over to 2026 Regular Session.
2025-03-17 S
Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC.
2025-03-17 S
Reported from HOU (Stand. Com. Rep. No. 1096) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC.
2025-03-11 S
The committee(s) on HOU recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HOU were as follows: 3 Aye(s): Senator(s) Chang, Hashimoto, Kanuha; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Aquino, Fevella.
2025-03-07 S
The committee(s) on HOU has scheduled a public hearing on 03-11-25 1:10PM; Conference Room 225 & Videoconference.
2025-03-07 S
Re-Referred to HOU, JDC.
2025-03-06 S
Referred to HOU/EIG, JDC.
2025-03-06 S
Passed First Reading.
2025-03-06 S
Received from House (Hse. Com. No. 217).
2025-03-04 H
Passed Third Reading as amended in HD 2 with Representative(s) Perruso, Souza voting aye with reservations; Representative(s) Iwamoto voting no (1) and Representative(s) Pierick, Ward excused (2). Transmitted to Senate.
2025-02-28 H
Forty-eight (48) hours notice Tuesday, 03-04-25.
2025-02-28 H
Reported from JHA (Stand. Com. Rep. No. 1161) as amended in HD 2, recommending passage on Third Reading.
2025-02-26 H
The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Tarnas, Poepoe, Hashem, Takayama, Todd, Garcia, Shimizu; Ayes with reservations: Representative(s) Belatti; 1 Noes: Representative(s) Perruso; and 2 Excused: Representative(s) Cochran, Kahaloa.
2025-02-21 H
Bill scheduled to be heard by JHA on Wednesday, 02-26-25 2:00PM in House conference room 325 VIA VIDEOCONFERENCE.
2025-02-14 H
Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Matayoshi, Poepoe, Ward excused (4).
2025-02-14 H
Reported from HSG (Stand. Com. Rep. No. 762) as amended in HD 1, recommending passage on Second Reading and referral to JHA.
2025-02-12 H
The committee on HSG recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Evslin, Miyake, Grandinetti, Kila, Kitagawa, La Chica, Muraoka, Pierick; Ayes with reservations: none; 0 Noes: none; and 1 Excused: Representative(s) Cochran.
2025-02-06 H
Bill scheduled to be heard by HSG on Wednesday, 02-12-25 9:00AM in House conference room 430 VIA VIDEOCONFERENCE.
2025-01-21 H
Referred to HSG, JHA, referral sheet 1
2025-01-17 H
Introduced and Pass First Reading.
2025-01-16 H
Pending introduction.

Official Summary Text

RELATING TO BUILDING PERMITS.
County Permits; Maintenance; Group U Structures; Remodeling; Special Management Areas; Exemptions
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)

Current Bill Text

Read the full stored bill text

HB367

HOUSE OF REPRESENTATIVES

H.B. NO.

367

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO BUILDING PERMITS
.

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

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

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�46-
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Maintenance
and repairs; group U structures; remodeling; exemptions from building permit requirements.

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(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

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(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.

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(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.

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(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).

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(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.

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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.

INTRODUCED BY:

_____________________________

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.