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Hawaii County, HI Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Permit needed for
benches, planters, dispensers on sidewalk
Max item height
4 feet
Min clear sidewalk width
4 feet
Permit duration
up to 1 year
Application fee
$50 per HCC § 22-3.10
Insurance required
$1,000,000 public liability policy
Enforcing agency
Dept. of Public Works director

Summary

Placing benches, planters, garbage receptacles, or other private items on a County sidewalk requires a Sidewalk Use Permit from the Department of Public Works. HCC § 22-3.7 sets the application requirements and § 22-3.8 limits items to four feet in height, requires four feet of clear sidewalk width, and caps the permit at one year.

These county ordinances apply to unincorporated areas of Hawaii County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Unless otherwise prohibited, the director may issue a sidewalk use permit for a period not to exceed one year if all of the following criteria are met: (1) The items do not exceed four feet in height. (2) The use or item will leave a clear width of at least four feet of sidewalk. (3) The applicant has submitted evidence that demonstrates that the use is for noncommercial purposes and will promote public welfare. ... (7) The permitted use will not impede or endanger the public's use, including persons with disabilities, of the sidewalk area or interfere with vehicular sight distance at any intersections or driveways.

Full Breakdown

7. The application must include a site map, description of items, proposed dates and hours, item height, the sidewalk width the use will occupy and the width remaining clear, written consent from every property owner and lessee fronting the site, an indemnification agreement approved by corporation counsel, and a certificate of insurance with at least $1,000,000 in public liability coverage naming the County as additional insured. 8 the director may grant a permit for up to one year if the item is four feet tall or less, at least four feet of clear sidewalk remains, the use is demonstrably noncommercial and promotes public welfare, every fronting owner has consented, the indemnification and insurance requirements are met, and the use will not endanger pedestrians, including people with disabilities, or block sight distance at an intersection or driveway.

9 requires items to be removed outside the permitted hours and lets the director force relocation or removal if the use blocks a County facility or emergency utility repair. 10 sets a $50 processing fee per application, waived only for permits issued to County agencies including the Department of Water Supply.

Violations & Fines

Failure to comply with the permit or HCC § 22-3.7 through 22-3.9 is a violation under § 22-8.1. The Department of Public Works director can issue a notice of violation and order under § 22-8.2 requiring correction, reimbursement of County costs, and a civil fine of up to $1,000 plus up to $1,000 per day the violation continues. The order becomes final in thirty days unless appealed to the County Board of Appeals.

Frequently Asked Questions

Do I need a permit to put a bench in front of my Hilo storefront?
Yes. Placing a bench, planter or similar item on the County sidewalk needs a Sidewalk Use Permit under HCC § 22-3.7, even though the use itself must be noncommercial. You need site details, neighbor consent, a $1,000,000 insurance certificate, and the Department of Public Works director's approval before installing anything.
How tall can an item on the sidewalk be?
HCC § 22-3.8 caps permitted items at four feet in height and requires the use to leave at least four feet of clear sidewalk width so pedestrians, including wheelchair users, can still pass safely.
What happens if I never get the permit?
The director can issue a notice of violation under HCC § 22-8.2, order removal, and impose a civil fine of up to $1,000 plus $1,000 for every day the encroachment stays in place, appealable to the County Board of Appeals within 30 days.

Sources & Official References

Other rules in Hawaii County

All Hawaii County rules

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