SB1263 - Historic Preservation Summary

• Establishes 90-day review period (or 30 calendar days if no historic properties affected) for the Department of Land and Natural Resources to concur or not concur with project effect determinations; if department fails to respond within deadline, lead agency may assume concurrence.

• Empowers lead agencies, including county agencies, to make determinations on potential project effects and render initial project effect determinations before department review.

• Exempts projects with written department concurrence from further review unless there is a significant change to the project's physical scope of work or project area, or additional historic properties, aviation artifacts, or burial sites are identified.

• Creates expedited programmatic review process for majority-residential mixed-use transit-oriented development and residential transit-oriented development in county-designated transit-oriented development zones; counties and Hawaii Community Development Authority must submit qualifying parcels and rights-of-way by January 1, 2026 for risk classification.

• Requires 48-hour notification to department if historic properties or aviation artifacts are discovered during construction; department must respond within five business days with assessment and concurrence or non-concurrence on proposed mitigation actions.