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SB2443
THE SENATE
S.B. NO.
2443
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to historic preservation
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
����
SECTION
1
.
�
Section 6E-2, Hawaii Revised Statutes, is
amended by amending the definition of "historic property" to read as
follows:
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""Historic
property" means any building, structure, object, district, area, or site,
including heiau and underwater site, that is over fifty years old and
:
����
(1)
�
Meets
[
meets
] the criteria for being entered into the Hawaii register of
historic places[
.
]
; or
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(2)
�
Has
important value to Native Hawaiians or other ethnic groups of the State due to:
���������
(A)
�
Associations with cultural practices
once carried out, or still carried out, at the property; or
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(B)
�
Associations with traditional
beliefs, events, or oral accounts that are important to history, traditional
practices, and cultural identity.
"
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SECTION
2
.
�
Section
6E-42.2, Hawaii Revised Statutes, is amended to read as follows:
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"
�6E-42.2
�
Excluded activities for privately-owned single‑family detached
dwelling units and townhouses[
, residential projects, and nominally
sensitive areas
].
�
(a)
�
An application for a proposed project on an
existing privately‑owned single-family detached dwelling unit or
townhouse shall be subject to the requirements of section 6E-42 only if the
single-family detached dwelling unit or townhouse is over fifty years old and
is:
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(1)
�
Listed on the Hawaii or national
register of historic places, or both;
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(2)
�
Nominated for inclusion on the Hawaii
or national register of historic places, or both; or
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(3)
�
Located in a historic district.
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[
(b)
�
An application for a proposed project on an
existing residential property shall be subject to the requirements of section
6E-42 only if the existing residential property is over fifty years old and is
registered on the Hawaii register of historic places.
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(c)
�
An application for a proposed project in a
nominally sensitive area shall not be subject to the requirements of section
6E-42.
]
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[
(d)
]
(b)
�
For the purposes of this
section:
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"Dwelling
unit" means a building or portion thereof designed or used exclusively for
residential occupancy and having all necessary facilities for permanent
residency such as living, sleeping, cooking, eating, and sanitation.
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[
"Nominally sensitive area"
means a project area that is known to include a low density of historic,
cultural, or archaeological resources, or where the project area has been
substantially disturbed by previous excavation or other ground-disturbing work
and no significant historic properties have been previously identified.
]
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"Single-family
detached dwelling unit" means an individual, freestanding, unattached
dwelling unit, typically built on a lot larger than the structure itself,
resulting in an area surrounding the dwelling.
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"Townhouse"
has the same meaning as defined in section 502C-1."
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SECTION
3.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.
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SECTION
4.
�
This Act shall take effect upon its
approval.
INTRODUCED BY:
_____________________________
Report Title:
Historic
Preservation; Historic Property; Exclusions
Description:
Amends
the definition of "historic property" to require that the property
meets the criteria for inclusion in the Hawaii Register of Historic Places or
has important value to Native Hawaiians or other ethnic groups of the State due
to associations with cultural practices once carried out, or still carried out,
at the property or associations with traditional beliefs, events, or oral
accounts that are important to history, traditional practices, and cultural
identity.
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