The following testimony was submitted by the Grassroot Institute of Hawaii for consideration by the House Committee on Housing on Feb. 12, 2025.
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Feb. 12, 2025, 9 a.m.
Hawaii State Capitol
Conference Room 430 and Videoconference
To: House Committee on Housing
Rep. Luke Evslin, Chair
Rep. Tyson Miyake, Vice-Chair
From: Grassroot Institute of Hawaii
Ted Kefalas, Director of Strategic Campaigns
RE: HB367 — RELATING TO BUILDING PERMITS
Aloha Chair Evslin, Vice-Chair Miyake and other members of the Committee,
The Grassroot Institute of Hawaii supports HB367, which would exempt certain work from requiring a county building permit.
Specifically, the bill would exempt from needing a permit the replacement of like-for-like work not affecting mechanical, electrical or plumbing installations; interior maintenance; and Group U occupancies — such as barns, sheds and greenhouses — that do not exceed 1,000 square feet.
Some wishing to install a Group U structure larger than 1,000 square feet or perform repairs and maintenance on dwellings larger than 3,000 square feet or other structures larger than 5,000 square feet would need to provide written notice to the appropriate county department.
HB367 also contains a provision specifying that this legislation does not affect county building permit exemptions that are — or would be — more expansive than the exemptions proposed by the bill.
This bill mirrors the state’s existing permit exemption for certain agricultural structures.[1] Established by Act 114 (2012), this exemption allows farmers and ranchers to build barns, greenhouses, water tanks and similar structures without going through the process of applying for a county building permit — subject to certain conditions.
Each county already has a list of work exempt from requiring a building permit,[2] but this legislation would set a statewide carve out for simple work, with the goal of allowing more people to do basic maintenance without waiting three months for a permit. An added bonus of HB367 is that it would free county staff to focus on more complicated projects.
It would also address certain limitations of the current agricultural exemption. For example, the agricultural exemption applies only to parcels two acres or larger. For some smaller agricultural lots, using this avenue to quickly install a barn or greenhouse is a no-go.
One Hana resident found this out the hard way, when the county told him he couldn’t use the agricultural exemption to install four storage buildings on his one-acre lot.[3]
Passing HB367 would be a step toward much-needed reform to the state and county permitting process.
Thank you for the opportunity to testify.
Ted Kefalas
Director of Strategic Campaigns
Grassroot Institute of Hawaii
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[1] “46-88 Agricultural buildings and structures; exemptions from building permit and building code requirements.,” Hawaii Revised Statutes, accessed Feb. 7, 2025.
[2] Jonathan Helton, “Seven low cost ways to speed up permitting in Hawaii,” Grassroot Institute of Hawaii, Oct. 2024, pp 6-7.
[3] Maui’s Automated Planning and Permitting System, accessed Feb. 7, 2025. Search for 429 Keanae Rd.
