Hawaii County, HI Sidewalk & Pedestrian Rules: Encroachment Permits (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.
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?
How tall can an item on the sidewalk be?
What happens if I never get the permit?
Sources & Official References
Other rules in Hawaii County
Compare Hawaii County to another location·View the Hawaii sidewalk & pedestrian rules overview
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