Construction fees in Hawaii
This state has a general impact fee enabling act. Local governments here charge under a statewide statute, which means there are written limits on what can be charged, how it must be calculated and when it must be refunded.
Haw. Rev. Stat. § 46-142 et seq. (counties); § 264-121 et seq.; ch. 302A (school impact districts)
Guiding standard in the act: proportionate share; reasonably attributable. That phrase is the ceiling on what may be charged, and it is the cheapest argument a fee payer has.
Your fee stack in Hawaii
Answer four things and get the list of every body that can bill this project, what each one is allowed to charge for, and the rights your state's law gives you before you pay.
What Hawaii says about your project
Hawaii is one of six states whose act requires credit for revenues generated before the property was developed, not just future revenues.
School fees run through a separate framework: the Department of Education designates school impact districts and sets the fee for them.
The counties, not cities, are the operative local government here.
What the fees may pay for
10 of 10 facility categories are eligible here. A charge for anything not on this list is resting on some other authority, and that is a fair question to ask.
| Facility type | Eligible for impact fees |
|---|---|
| Roads and transportation | Yes |
| Water facilities | Yes |
| Wastewater and sewer | Yes |
| Stormwater and drainage | Yes |
| Parks and recreation | Yes |
| Fire | Yes |
| Police | Yes |
| Libraries | Yes |
| Solid waste | Yes |
| Schools | Yes |
What the jurisdiction had to do first
These are the homework requirements in the act. Where one is required and missing, that is a procedural defect you can raise without a lawyer.
| Planning requirement | In the act |
|---|---|
| Written analysis required | Yes |
| Service areas required | Not required |
| List of projects required | Not required |
| Growth projections required | Not required |
| Level of service standards required | Not required |
Timing, credits, refunds and waivers
| Provision | What the act says |
|---|---|
| When the fee may be collected | building permit |
| Recoupment of prior costs allowed | Yes |
| Notice before a new or increased fee | 15 days |
| Spend-or-refund window | 6 years |
What to do next in Hawaii
- Confirm whether your parcel is in a city or unincorporated, then pull the taxing district list from the assessor's record. Why that list is the real fee list.
- Request the current adopted fee schedule and a written fee estimate for the address. The six-step sequence.
- Call each utility separately. Tap fees usually sit outside the act, and are often the largest line.
- If you are dedicating land or building improvements, request the credit in writing before assessment. How to ask.
- Calendar the refund date. Unspent fees here come back after 6 years. Almost nobody claims these.
- Pay under protest if you intend to dispute anything at all. What that preserves.