Hawaii 2022 Regular Session

Hawaii Senate Bill SB2175

Introduced
1/20/22  

Caption

Relating To Private Roads.

Impact

The bill mandates that counties must not approve any new subdivisions consisting of ten or more residential lots unless there are effective procedures in place to adequately maintain any privately owned roads within the subdivision. This creates a significant policy change that prioritizes proper road maintenance in real estate developments and places the onus on counties to ensure that subdivisions do not overlook this essential aspect. If a county fails to meet this requirement, it becomes liable for the maintenance of the roads within that subdivision, potentially impacting county resources and planning processes.

Summary

Senate Bill 2175 addresses the responsibilities of subdivision lot owners in maintaining private roads in their communities. The bill stipulates that in subdivisions without established procedures for road maintenance, counties are required to create special improvement districts to ensure that these private roads are properly maintained. This legislative measure aims to provide clearer responsibilities for road upkeep, particularly in areas where no formal mechanics for maintenance currently exist.

Contention

While the bill is designed to enhance road maintenance and clarify responsibilities, it may face contention regarding its impact on development processes. Developers might argue that the requirements could complicate and prolong the subdivision approval process, potentially discouraging new developments or increasing costs for builders. Additionally, concerns may arise around the financial implications for counties in cases where they must assume responsibility for maintenance due to non-compliance, which could strain local government budgets.

Companion Bills

No companion bills found.

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