Haw. Rev. Stat. § 206N-8

Current through Chapter 253 of the 2024 Legislative Session
Section 206N-8 - Local authority
(a) Subject to this chapter and applicable federal law, the State or county may continue to exercise zoning, land use, planning, and permitting authority within its jurisdictional boundaries, including with respect to utility poles; except that neither the State nor a county shall have or exercise any jurisdiction or authority over the design, engineering, construction, installation, or operation of any small wireless facility located in an interior structure or upon the site of any campus, stadium, or athletic facility not owned or controlled by the State or county, other than to comply with applicable codes. Nothing in this chapter authorizes the State or a county to require wireless facility deployment or to regulate broadband or wireless services.
(b) Except as provided in this chapter with respect to the wireless facilities subject to the permitting, rate, and fee requirements established herein, the State and each county shall not adopt or enforce any regulations or requirements or charge additional rates or fees on an entity's placement or operation of communications facilities in the right of way where the entity is already authorized by a cable television franchise to operate throughout the right of way. The State and each county shall not regulate or charge fees for the provision of additional communications services over a cable system authorized under such franchise, unless expressly authorized by applicable law.

HRS § 206N-8

Added by L 2018, c 49,§ 2, eff. 7/1/2018 and applicable to permit applications filed with the state or county after 12/31/2018.