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HEPA Hawaii: when HRS Chapter 343 requires an environmental assessment

HEPA Hawaii review, under the Hawaii Environmental Policy Act (HRS Chapter 343), requires an environmental assessment (EA) when an action triggers section 343-5, such as using state or county lands or funds or any use in a shoreline area[1][2]. It ends in a finding of no significant impact (FONSI) or, if effects may be significant, an EIS preparation notice (EISPN)[3][4].

By Ilya Volodarsky. 9 sources, last read on . This page explains the law; it is not legal advice.

Draft a Hawaii EA for a Shoreline Project

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    • A first draft of your Hawaii Environmental Assessment, from a project description or the files you already have
    • Precedent research: analog projects and their documents, found for you
    • Every fact ePlan can't confirm, marked for your team to fill in
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    Describe the project and ePlan drafts the Hawaii EA with the trigger, project description, affected environment and anticipated determination; every fact it can't confirm is marked for you.

    ePlan vs. by hand

    How ePlan compares to drafting a Hawaii Environmental Assessment by hand

    The same document, two ways to a first draft.

    ComparedePlan.aiBy hand
    Starting pointePlan.aiA reference EA you upload, or one from an analog project the research agent finds on agency project pagesBy handCopy a past EA from the ERP library and rewrite it by hand
    Precedent researchePlan.aiA research agent searches agency project pages, CEQAnet, the Federal Register, eCFR and EPA's EIS database for your project and up to two analog projectsBy handSearching each agency site and PDF library by hand
    Missing factsePlan.aiLeft as highlighted [INSERT: …] placeholders, such as the tax map key and consultation listBy handTracked by hand in comments or a separate list
    Cost to startePlan.aiScoping letters are free. EAs, EIRs and decision memos are on Max at $199 a monthBy handStaff or consultant hours for every draft

    ePlan.ai as of October 2026. “By hand” means a Word template, past documents and agency PDFs. Your team reviews, edits and signs every draft.

    What triggers HRS Chapter 343 review?

    Section 343-5(a) lists nine triggers for an EA, unless an exemption applies; an applicant's action must also need discretionary approval[2][3]. They include:

    • Use of state or county lands or funds, except planning studies and some land purchases[2]
    • Any use in a conservation district, shoreline area, listed historic site or the Waikiki Special District
    • County general plan amendments to designations other than agriculture, conservation or preservation, unless county-initiated
    • New or expanded helicopter facilities that may affect a conservation district, shoreline area or historic site
    • Wastewater treatment units (except some small systems), waste-to-energy facilities, landfills, oil refineries and power plants

    Which actions are exempt from a Hawaii EA?

    HAR section 11-200.1-15 lists ten general types of exempt actions, such as repairs, same-site replacement, small new structures and some affordable housing; each use needs a documented exemption notice[7][4][1]. No exemption covers successive actions with a significant cumulative impact, or a possibly significant action in a particularly sensitive environment[4].

    Example: in 2005 the state Department of Transportation exempted the Hawaii Superferry's operation at Kahului Harbor, with about 40 million dollars in state funds going to four harbors. On August 31, 2007 the Hawaii Supreme Court held the exemption erroneous as a matter of law and required an EA[8].

    How does a Hawaii EA lead to a FONSI or an EISPN?

    The agency or applicant consults early, then prepares a draft EA[4]. If a FONSI is anticipated, the draft is published with that notice for comment, and the final EA answers every substantive comment in writing[2][4].

    The agency then issues the FONSI or EISPN, within 30 days for an applicant action[4]. An agency expecting an EIS may skip the EA and start with an EISPN[2]. A suit against a FONSI must be filed within 30 days of public notice[9].

    How does an agency decide if an effect is significant?

    The agency weighs all effects, including mitigation. An action is generally significant if it may[4]:

    • Irrevocably commit a natural, cultural or historic resource[4]
    • Conflict with the State's long-term environmental policies, or substantially harm community welfare or cultural practices
    • Substantially harm public health, air or water quality, noise, scenic vistas, or rare, threatened or endangered species
    • Have adverse secondary or cumulatively significant effects
    • Affect, or be damaged in, a flood plain, tsunami zone or sea level rise area
    • Need substantial energy or emit substantial greenhouse gases
    Outline

    Hawaii environmental assessment: the contents

    From HAR section 11-200.1-18(d); the final EA adds the determination and reasons[4]. HEPA is one of the state environmental policy acts.

    1. Proposing agency or applicant

      Who proposes the action and, for an applicant action, the approving agency[4].

    2. Permits and approvals

      Every required permit and, for applicants, the approval that triggers Chapter 343[4].

    3. Consultation

      Agencies, groups and individuals consulted, including the county general plan agency[4].

    4. Description of the action

      Its technical, economic, social, cultural, historical and environmental characteristics[4].

    5. Affected environment

      A summary with regional, location and site maps, such as flood or sea level rise maps[4].

    6. Impacts and alternatives

      Impacts and alternatives considered, against the significance criteria in section 11-200.1-13[4].

    7. Mitigation measures

      Measures proposed to reduce the impacts[4].

    8. Anticipated determination

      Findings and reasons for an anticipated FONSI[4].

    9. Comments and responses

      Comments from consultation and public review, with responses[4].

    Sources

    Where each statement comes from

    Show all 9 sources
    1. [1]Environmental Review Program. State of Hawaii, Office of Planning and Sustainable Development. Read October 2, 2026.
    2. [2]Haw. Rev. Stat. § 343-5 - Applicability and requirements. Hawaii State Legislature (data.capitol.hawaii.gov). Read October 2, 2026.
    3. [3]Haw. Rev. Stat. § 343-2 - Definitions. Hawaii State Legislature (data.capitol.hawaii.gov). Read October 2, 2026.
    4. [4]Hawaii Administrative Rules, Chapter 11-200.1, Environmental Impact Statement Rules (signed rules). State of Hawaii, Environmental Review Program, August 9, 2019. Read October 2, 2026.
    5. [5]Office of Environmental Quality Control (transfer notice). Hawaii State Department of Health. Read October 2, 2026.
    6. [6]Haw. Rev. Stat. § 343-3 - Public records and notice. Hawaii State Legislature (data.capitol.hawaii.gov). Read October 2, 2026.
    7. [7]Haw. Rev. Stat. § 343-6 - Rules. Hawaii State Legislature (data.capitol.hawaii.gov). Read October 2, 2026.
    8. [8]Sierra Club v. Department of Transportation, No. 27407 (Haw. Aug. 31, 2007), the Hawaii Superferry case. Supreme Court of Hawaii (FindLaw Caselaw), August 31, 2007. Read October 3, 2026.
    9. [9]Haw. Rev. Stat. § 343-7 - Limitation of actions. Hawaii State Legislature (data.capitol.hawaii.gov). Read October 2, 2026.

    Written by

    Ilya Volodarsky

    Ilya Volodarsky founded ePlan.ai. He co-founded Segment and is co-founder and CEO of Wildfires.org.

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