Haw. Rev. Stat. § 190D-23 — HI Code / Division 1 / Title 12 / Chapter 190D / Section 190D-23
Lease provisions.
Status: in_force

(a) Leases issued by the board shall be drawn up in accordance with the following requirements, in addition to any other requirements determined by the board:

(1) Each lease shall specify the term of the lease and the nature of the exclusive use of the area being granted;

(2) Each lease shall specify the marine activities or other resources which may be cultivated, produced, harvested, removed, or used pursuant to the lease;

(3) Each lease shall specify an annual rent set by the board for the leased area. The basic rental charged in a commercial lease may be supplemented by royalty payments. No royalty shall be charged in a noncommercial lease;

(4) Leases may specify that failure of the lessee to perform substantially the activities for which the lease was granted shall constitute grounds for revocation of the lease and forfeiture to the State of all structures and, in the case of mariculture activities, all plants or animals cultivated, in and upon the leased area;

(5) Each lease shall require that the lessee execute a bond conditioned upon the substantial performance of the activities described in the lease. The amount of the bond so executed shall be appropriate to the size, scale, and risk of the activity for which the lease is granted, and shall be sufficient to protect the public interest in the removal of all structures and, in the case of mariculture activities, all marine plants or animals cultivated, as well as to restore or remediate the water and state submerged lands to the satisfaction of the department in and upon the leased state marine waters, if the lease is forfeited for nonperformance or the board requires the removal or eradication of marine plants or animals pursuant to paragraph (11);

(6) Each lease shall specify that if a lessee abandons a leased area, the board may order the removal or sale at public auction of all improvements, assets, marine plants or animals, and equipment remaining in and upon the leased area, and shall transmit to the state general fund the entire amount received from any public auction and any proceeds received from the lessee's performance bond. Alternatively, the board may permit the use of the improvements, assets, marine plants or animals, and equipment for purposes which benefit the general public;

(7) Each lease for mariculture shall specify that the marine plants or animals described in the lease to be cultivated and contained within the leased area are the exclusive harvest of the lessee; provided that any marine plant or animal which escapes from the leased area and is not clearly identifiable as the property of the lessee, shall become common property and may be taken or caught by any person, subject to the fishing laws of the State, without violating the rights of the lessee;

(8) Each lease for mariculture shall specify that:

(A) The lessee is responsible for the removal of any cultivated marine plants or animals found outside the leased area but within state marine waters if removal is required to protect the environment or public health and safety, and removal is demanded by the board;

(B) The lessee is solely responsible for all costs of removal of such marine plants or animals; and

(C) If action must be taken by the department to eradicate escaped marine plants or animals, all costs of eradication shall be borne by the lessee; provided that the costs borne by the lessee shall be no greater than the amount of the bond required under paragraph (5);

(9) Leases may specify that the lessee shall construct and maintain gates, openings, or lanes at reasonable distances from one another throughout a leased area which includes surface waters and in which any type of enclosure is an obstacle to free navigation, unless public transit in or through the enclosed waters will cause undue interference with the operation being conducted by the lessee within the leased area;

(10) Leases may require, where necessary, that:

(A) All lessees mark off the areas under lease by appropriate ranges, monuments, stakes, buoys, fences, or any other devices placed so that they do not interfere unnecessarily with navigation and other traditional uses of the water surface;

(B) All lessees identify the area under lease and the names of the lessees on signs appropriately placed pursuant to specifications established by the board; and

(C) All limitations upon the use by the public of an ocean area under lease shall be clearly posted by the lessee pursuant to specifications established by the board;

(11) Leases shall specify that if the chairperson finds or has reasonable cause to believe that an activity conducted by the lessee in or upon the area described in the lease is causing an immediate danger to human or marine life or the environment of the state marine waters, the chairperson may direct a temporary or permanent suspension of commercial or research activities in the affected area. The chairperson shall then notify the board. The board shall immediately order the lessee or lessees affected by such notice to show cause why their activities should not be terminated, or why any structures, cultivated marine plants or animals, or equipment should not be removed from state marine waters. The board shall proceed to hold a public hearing and issue its order with respect to such hearing within a reasonable period. In its order following such hearing, the board may direct a temporary or permanent suspension of commercial or research activities in the affected area, removal of equipment or cultivated marine plants or animals, or such other measures as shall be deemed necessary for protection of human or marine life and environment of state marine waters, including forfeiture to and destruction by the State of any marine plant or animal species;

(12) Each lease shall specify that the lease may be assigned in whole or in part, or amended, only if the board determines that such assignment or amendment is in the public interest and meets the provisions of this chapter and consents to the assignments. The board may consent to the mortgage of a lease pursuant to section 171-22;

(13) Each lease shall specify that the lease may be revoked by the board for violation of any lease provision. The board shall deliver a written notice of the breach or default of any lease agreement by registered or certified mail to the party in default and to each holder of record having any security interest in the state marine waters covered by or subject to the lease, making demand upon the party to cure or remedy the breach or default within sixty days from the date of receipt of the notice. Upon failure of the party to cure or remedy the breach or default within sixty days from the date of receipt of the notice, or within such additional period the board may allow for good cause, the board may revoke the lease; and

(14) Each lease shall contain a statement describing the degree of exclusivity or access to the site by the public that will be based on an analysis of the user listing and descriptions provided in the application, and comments made by the public and in consideration of, but not limited to the following: compatibility of the operation with existing uses, perceived liability to the lessee and the public, and perceived risk to the lessee's investment.

(b) The chairperson or chairperson's authorized agents shall have the authority to enter and inspect any and all areas leased by the board for the purpose of determining compliance with the terms and provisions of any such lease. [L 1986, c 91, pt of §1; am L 1999, c 176, §§7, 11; am L 2002, c 203, §1]
Haw. Rev. Stat. § 180-4 — HI Code / Division 1 / Title 12 / Chapter 180 / Section 180-4
Creation of soil and water conservation districts; petition.
Status: in_force

Occupiers of land representing a total of twenty-five or more votes lying within an area proposed to be organized into a district may file a petition with the department of land and natural resources asking that the district be organized. The department shall prescribe the form of the petitions, which shall state:

(1) The proposed name of the district, and

(2) A general description of the area proposed to be organized as a district.

Where more than one petition is filed covering parts of the same territory, the department may consolidate the petitions. The area of a district need not be contiguous but shall not include any of the area of any other district. [L 1947, c 191, pt of §5; RL 1955, §28-7; am L Sp 1959 2d, c 1, §22; am L 1961, c 53, §1 and c 132, §2; am L 1967, c 145, §§1, 2; HRS §180-4]
Haw. Rev. Stat. § 172-1 — HI Code / Division 1 / Title 12 / Chapter 172 / Section 172-1
Department to list lands on which commutation payable; public notice; notice to pay.
Status: in_force

The department of land and natural resources shall prepare a list of all lands on which commutation to extinguish the government's right therein is payable. Upon completion of the list the department shall give public notice thereof throughout the State, at least once each week for four successive weeks, together with notice that the amount of commutation ascertained shall thereafter bear interest at the rate of six per cent a year and be subject to collection in the manner provided by law.
Haw. Rev. Stat. § 196D-9 — HI Code / Division 1 / Title 12 / Chapter 196D / Section 196D-9
Construction of the chapter; rules.
Status: in_force

This chapter shall be construed liberally to effectuate its purposes, and the department shall have all powers which may be necessary to carry out the purposes of this chapter, including the authority to make, amend, and repeal rules to implement this chapter; provided that all procedures for public information and review under chapter 91 shall be preserved; and provided further that the consolidated permit application and review process shall not affect or invalidate the jurisdiction or authority of any agency under existing law. The adoption, amendment, and repeal of all rules shall be subject to chapter 91.

Revision Note

In section heading, "chapter" substituted for "Act".
Haw. Rev. Stat. § 187A-42 — HI Code / Division 1 / Title 12 / Chapter 187A / Section 187A-42
Rules.
Status: in_force

The department may adopt rules pursuant to chapter 91 necessary for the purposes of this part.
Haw. Rev. Stat. § 186-2 — HI Code / Division 1 / Title 12 / Chapter 186 / Section 186-2
Eligibility.
Status: in_force

(a) Any property of not less than ten acres:

(1) Included within the agricultural district pursuant to section 205-2; or

(2) Included within the conservation district and zoned for commercial forest use;

is eligible for classification as tree farm property if it is suited for the raising of commercial tree species and other forest products in quantity sufficient to establish a business in the sale thereof.

(b) Property on which the owner is already growing trees of commercial species and other forest products in quantity sufficient to establish a business in the sale thereof under good forestry management practices and which the owner agrees to manage in accordance with a management plan approved by the board is eligible for classification as tree farm property. Additional noncontiguous property of five acres or more, under the same ownership and in the same vicinity, is also eligible for classification along with the main acreage sought to be classified. No real property under a lease having an unexpired term of less than twenty years is eligible for classification as tree farm property. [L 1963, c 141, §3; Supp, §87D-3; HRS §186-2; am L 1989, c 50, §1]
Haw. Rev. Stat. § 196-30 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-30
Public buildings; benchmarks; retro-commissioning guidelines; energy savings performance contracts.
Status: in_force

(a) By December 31, 2010, each state department with responsibilities for the design and construction of public buildings and facilities shall benchmark every existing public building that is either larger than five thousand square feet or uses more than eight thousand kilowatt-hours of electricity or energy per year and shall use the benchmark as a basis for determining the State's investment in improving the efficiency of its own building stock. Benchmarking shall be conducted using the ENERGY STAR portfolio management or equivalent tool. The chief energy officer of the Hawaii state energy office shall provide training to affected departments on the ENERGY STAR portfolio management or equivalent tool.

(b) Public buildings shall be retro-commissioned no less often than every five years. The chief energy officer of the Hawaii state energy office shall establish retro-commissioning guidelines by January 1, 2010.

(c) Departments may enter into energy savings performance contracts with a third party to cover the capital costs of energy-efficiency measures and distributed generation provided the terms of the energy savings performance contracts conform to the benchmark standard. The comptroller may review and exempt specific projects as appropriate to take into account cost-effectiveness.

Energy savings performance contracts shall be executed according to state guidelines issued by the comptroller, and the contracts shall be reviewed by the comptroller. To expedite energy savings performance contracting for public buildings, the department of accounting and general services shall develop a master energy savings performance contracts agreement that any department may use to contract with an energy savings performance contracts provider for energy-efficiency and renewable energy services.

(d) For existing public buildings that undergo a major retrofit or renovation, the department or departments responsible for design and construction shall make investments in efficiency; provided that the cost of the measures shall be recouped within twenty years. [L 2009, c 155, pt of §11; am L 2019, c 122, §3]
Haw. Rev. Stat. § 183D-23 — HI Code / Division 1 / Title 12 / Chapter 183D / Section 183D-23
Licenses expire when.
Status: in_force

All licenses shall expire on June 30 next following the date of issuance, except for licenses obtained pursuant to section 183D-22(b)(3).
Haw. Rev. Stat. § 188-28.5 — HI Code / Division 1 / Title 12 / Chapter 188 / Section 188-28.5
§§188-28.
Status: repealed

§§188-28.5 to 188-30.5 REPEALED. L 1999, c 85, §§6 to 11, 17; L 2002, c 151, §1.
Haw. Rev. Stat. § 198D-11 — HI Code / Division 1 / Title 12 / Chapter 198D / Section 198D-11
Rules.
Status: in_force

The department may adopt rules in accordance with chapter 91 for the purposes of this chapter.
Haw. Rev. Stat. § 171-59 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-59
Disposition by negotiation.
Status: in_force

(a) A lease of public land may be disposed of through negotiation upon a finding by the board of land and natural resources that the public interest demands it. Where the public land is being sought under this section by a sugar or pineapple company, and the company is the owner or operator of a mill or cannery, then, for the purposes of this section, the economic unit shall be that acreage of public land which when taken together with the lands already owned or controlled or available to the company, when cultivated is found by the board to be necessary for the company's optimum mill or cannery operation. In all other cases, public land to be sold under this section shall be an economic unit as provided in section 171-33(3).

After a determination is made to negotiate the disposition of a lease, the board shall:

(1) Give public notice as in public auction, in accordance with the procedure set forth in section 171-16(a), of its intention to lease public land through negotiation setting forth the minimum conditions thereunder, the use for which the public land will be leased. Any person interested in securing the lease shall file an application with the board not later than forty-five days after the first publication of the notice;

(2) Establish reasonable criteria for the selection of the lessee; provided that where the intended use of the land is agriculture, the department of agriculture and biosecurity shall establish the criteria;

(3) Determine the applicants who meet the criteria for selection set by the board or the department of agriculture and biosecurity, as the case may be, and notify all applicants of its determination. Any applicant may examine the basis of the determination, which shall be in writing, to ascertain whether or not the conditions and criteria established by the board or the department of agriculture and biosecurity were followed; provided that if any applicant does not notify the board of the applicant's objections, and the grounds therefor, in writing, within twenty days of the receipt of the notice, the applicant shall be barred from proceeding to seek legal remedy for any alleged failure of the board to follow the conditions and criteria.

If only one applicant meets the criteria for selection of the lessee, the board may, after notice as provided in (3), above, dispose of the lease by negotiation.

If two or more applicants meet the criteria for the selection of the lessee, the board shall select the lessee who submits the highest offer contained in a sealed bid deposited with the board.

(b) [Repeal and reenactment on June 30, 2029. L 2024, c 114, §5.] Disposition of public lands for uses related to airline , aircraft, and airport-related operations; agricultural processing; cattle feed production; aquaculture; commercial use on parcels of up to five acres; industrial use on parcels of up to five acres; and marine, maritime, and maritime-related operations may be negotiated without regard to the limitations set forth in subsection (a) and section 171-16(c); provided that:

(1) The disposition encourages competition within the relevant industries;

(2) The disposition shall not exceed a maximum term of thirty-five years, except in the case of:

(A) Maritime and maritime-related operations, which may provide for a maximum term of seventy years; and

(B) Aquaculture operations, which may provide for a maximum term of sixty-five years; provided further that aquaculture operations in good standing may seek to renew a lease issued under this section and, during the lease term, may engage in supportive activities that are related to or integrated with aquaculture;

(3) The method of disposition of public lands for cattle feed production as set forth in this subsection shall not apply after December 31, 1988; and

(4) After holding at least two public hearings, the board approves the disposition.

For the purposes of this subsection:

"Agricultural processing" means the processing of agricultural products, including dairying, grown, raised, or produced in Hawaii.

"Airport-related" means a purpose or activity that requires air transportation to achieve that purpose or activity; or an activity that generates revenue for the airport system as provided in section 261-7.

"Aquaculture" means the propagation, cultivation, or farming of aquatic plants and animals in controlled or selected environments for research, commercial, or stocking purposes, including aquaponics or any growing of plants or animals with aquaculture effluents.

"Maritime-related" means a purpose or activity that requires and is directly related to the loading, off-loading, storage, or distribution of goods and services of the maritime industry. [L 1962, c 32, pt of §2; Supp, §103A-56; am L 1967, c 189, §6; HRS §171-59; am L 1970, c 101, §2; am L 1980, c 48, §1; am L 1984, c 278, §1; gen ch 1985; am L 1992, c 283, §2; am L 2001, c 77, §2; am L 2003, c 127, §2; am L 2008, c 200, §2; am L 2011, c 232, §2; am L 2012, c 47, §2; am L 2024, c 114, §2 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 171-193 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-193
[ §171-193] Lessees within the last ten years of their lease terms; request for interest.
Status: in_force

[ §171-193] Lessees within the last ten years of their lease terms; request for interest. [See Note at part heading.] (a) Notwithstanding any other provision of law to the contrary, and except as otherwise provided in section 171-192, a lessee of public land within the Hilo community economic district that is classified as hotel, resort, or commercial and industrial use pursuant to section 171-10, and that is subject to the management, administration, or control of the board may, during the last ten years of the term of the original lease, submit a written request to the board to initiate a request for interest process as provided in this section.

(b) Within one hundred eighty days of a lessee's written request to initiate a request for interest, the board shall:

(1) Appraise the value of the land and any improvements to the land that existed as of the date of the written request pursuant to section 171-17(a) and require the awardee of a new lease executed pursuant to this section to reimburse the department for the appraisal; and

(2) Publish a request for interest and request for qualifications notice inviting persons to express their interest in leasing the land and their qualifications as potential lessees and describing any improvements to the land that exist as of the date of the written request. The notice shall be given at least once statewide and at least once in the county where the land is located and shall contain:

(A) The qualifications required of eligible lessees which shall conform to department policy for new leases;

(B) A general description of the land, including the address and tax map key, the termination date of the existing lease, and of any improvements to the land that existed as of the date of the written request;

(C) That the land to be leased is classified as hotel, resort, or commercial and industrial use pursuant to section 171-10;

(D) The appraised value of the land and of any improvements to the land that existed as of the date of the written request;

(E) The closing date and manner by which a person shall indicate interest and submit a statement of qualifications; and

(F) Notice that a current business plan is a prerequisite to participate at time of auction or direct negotiation, if applicable, and shall be made a term of the lease.

(c) Within ninety days after the closing date specified in the notice, the board shall determine if any persons have qualified under the terms of the request for qualifications and shall notify all persons who expressed interest as to whether they qualified. Qualified bidders shall be required to deposit an amount equal to one per cent of the value of the leasehold improvements as determined by appraisal, but not less than $1,000, to be held in an interest bearing account as deposit by the department and returned to the applicant at the applicant's cancellation of interest, the applicant's unsuccessful bid at auction, or as a credit against the applicant's successful bid at auction. The board shall also notify the current lessee as to whether any other persons qualified.

(d) The board shall proceed to dispose of the land in accordance with section 171-41.6. [L 2018, c 149, pt of §2]
Haw. Rev. Stat. § 195D-22 — HI Code / Division 1 / Title 12 / Chapter 195D / Section 195D-22
Safe harbor agreements.
Status: in_force

(a) To encourage landowners to voluntarily engage in efforts that benefit endangered, threatened, proposed, and candidate species, except as otherwise provided by law, the board, upon approval by not less than two-thirds of the board's authorized membership, after a public hearing on the island affected, may enter into a safe harbor agreement with one or more landowners to create, restore, or improve habitats or to maintain currently unoccupied habitats that threatened or endangered species can be reasonably expected to use, if the board determines that the cumulative activities, if any, contemplated to be undertaken within the areas covered by the agreement are environmentally beneficial. In the event the board votes to enter into a safe harbor agreement for which the majority of the endangered species recovery committee recommended disapproval, the board may not enter into the safe harbor agreement unless the agreement is approved by a two-thirds majority vote of both houses of the legislature. The board shall notify the public of the proposed safe harbor agreement through the periodic bulletin of the office of planning and sustainable development and make the proposed agreement available for public review and comment not less than sixty days prior to approval.

(b) A safe harbor agreement may authorize the take of an endangered, threatened, proposed, or candidate species incidental to an otherwise lawful activity in or affecting the created, restored, maintained, or improved habitat; provided that based on the best scientific and other reliable data available at the time the safe harbor agreement is approved, if these data are applicable:

(1) The take would not jeopardize the continued existence of any endangered, threatened, proposed, or candidate species;

(2) The take would not reduce the population of endangered, threatened, proposed, or candidate species below the number found on the property prior to entering into the agreement;

(3) The agreement proposes to create, restore, maintain, or improve significant amounts of habitat for a minimum of five years for private lands and for a minimum of fifteen years for public lands;

(4) There is adequate funding for the agreement and the source of that funding is identified;

(5) The safe harbor agreement increases the likelihood that the endangered or threatened species for which a take is authorized will recover;

(6) Any take authorized pursuant to this subsection shall occur only in the habitat created, restored, maintained, or improved; and

(7) The cumulative impact of the activity, which is permitted and facilitated by the take, provides net environmental benefits.

(c) Notwithstanding any other law to the contrary, the board shall suspend or rescind any safe harbor agreement approved under this section if the board determines that:

(1) Any parties to the safe harbor agreement, or their successors, have breached their obligations under the safe harbor agreement or under any other agreement implementing the safe harbor agreement and have failed to cure the breach in a timely manner, and the effect of the breach is to diminish the likelihood that the agreement will achieve its goals within the time frames or in the manner set forth in the agreement;

(2) To the extent that funding is or will be required, the funding source specified in subsection (b) no longer exists and is not replaced by another sufficient funding source to ensure that the measures or actions specified in subsection (b) are undertaken in accordance with this section; or

(3) Continuation of the permitted activity would appreciably reduce the likelihood of survival or recovery of any threatened or endangered species in the wild.

(d) The rights and obligations under any safe harbor agreement shall run with the land for the term agreed to in the agreement and shall be recorded by the department in the bureau of conveyances or the land court, as may be appropriate. [L 1997, c 380, pt of §2; am L 1998, c 237, §3; am L 2003, c 35, §5; am L 2021, c 152, §16 and c 153, §9]
Haw. Rev. Stat. § 171-58.5 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-58.5
Prohibitions.
Status: in_force

The mining or taking of sand, dead coral or coral rubble, rocks, soil, or other marine deposits seaward from the shoreline is prohibited with the following exceptions:

(1) The inadvertent taking from seaward of the shoreline of these materials, such as those inadvertently carried away on the body, and on clothes, toys, recreational equipment, and bags;

(2) For the replenishment or protection of public shoreline areas and adjacent public lands seaward of the shoreline, or construction or maintenance of state approved lagoons, harbors, launching ramps, or navigational channels with a permit authorized under chapter 183C;

(3) The clearing of these materials from existing drainage pipes and canals and from the mouths of streams including clearing for the purposes under section 46-11.5; provided that the sand removed shall be placed on adjacent areas unless this placement would result in significant turbidity;

(4) The cleaning of areas seaward of the shoreline for state or county maintenance purposes including the purposes under section 46-12; provided that the sand removed shall be placed on adjacent areas unless the placement would result in significant turbidity;

(5) The exercise of traditional cultural practices as authorized by law or as permitted by the department pursuant to article XII, section 7, of the Hawaii State Constitution; or

(6) For the response to a public emergency or a state or local disaster. [L 1988, c 375, §2; am L 1989, c 356, §3; am L 1995, c 11, §3 and c 69, §2; am L 2013, c 120, §1]
Haw. Rev. Stat. § 183-16 — HI Code / Division 1 / Title 12 / Chapter 183 / Section 183-16
Revenue from forest reserves.
Status: in_force

Any moneys accrued from:

(1) The harvest of non-native forest products from forest reserves;

(2) The harvest of native forest products from degraded forests as defined in section 186-5.5, within forest reserves;

(3) The sale of forest products found dead and lying on the ground;

(4) The sale of tree seedlings from state nurseries;

(5) The sale of any other products or services, or anything of value derived from forest reserves not described above; or

(6) The imposition of fines or penalties for violations of this chapter and chapters 185 and 195F or any rule adopted thereunder,

shall be deposited into the forest stewardship fund. [L 1903, c 44, §12; RL 1925, §594; RL 1935, §183; RL 1945, §1018; RL 1955, §19-7; am L 1959, c 265, §3(a); am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §183-16; am L 1988, c 337, §6; am L 1997, c 256, §2; am L 1999, c 144, §2; am L 2006, c 174, §4]
Haw. Rev. Stat. § 190D-32 — HI Code / Division 1 / Title 12 / Chapter 190D / Section 190D-32
Rules.
Status: in_force

The board may adopt such rules as are necessary and appropriate to carry out the purposes and provisions of this chapter. The adoption of these rules shall be in accordance with chapter 91.
Haw. Rev. Stat. § 188-68 — HI Code / Division 1 / Title 12 / Chapter 188 / Section 188-68
Permits for coral and rock with marine life attached.
Status: in_force

The department may issue permits, as authorized by this section, section 187A-6, chapter 183C, or under rules adopted pursuant to chapter 91 necessary for collecting live stony corals or marine life visibly attached to rocks placed in the water for a commercial purpose.
Haw. Rev. Stat. § 200-3 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-3
Ocean recreation and coastal areas programs.
Status: in_force

The board shall assume the following functions of the department of transportation:

(1) Managing and administering the ocean-based recreation and coastal areas programs of the State;

(2) Planning, developing, operating, administering, and maintaining small boat harbors, launching ramps, and other boating facilities and associated aids to navigation throughout the State;

(3) Developing and administering an ocean recreation management plan;

(4) Administering and operating a vessel registration system for the State;

(5) Regulating the commercial use of state waters and marine resources, including operations originating from private marinas;

(6) Regulating boat regattas and other ocean water events;

(7) Administering a marine casualty and investigation program;

(8) Assisting in abating air, water, and noise pollution;

(9) Conducting public education in boating safety;

(10) Administering the boating special fund;

(11) Assisting in controlling shoreline erosion;

(12) Repairing seawalls and other existing coastal protective structures under the jurisdiction of the State; and

(13) Removing nonnatural obstructions and public safety hazards from the shoreline, navigable streams, harbors, channels, and coastal areas of the State. [L 1991, c 272, pt of §2; am L 2012, c 289, §2]
Haw. Rev. Stat. § 199-9 — HI Code / Division 1 / Title 12 / Chapter 199 / Section 199-9
[ §199-9] Unmanned aircraft systems program.
Status: in_force

[ §199-9] Unmanned aircraft systems program. (a) No later than June 30, 2025, the department of land and natural resources shall establish an unmanned aircraft systems program, which shall be compliant with all applicable federal and state laws, to assist the conservation and resources enforcement program in carrying out its duties under this chapter.

(b) Conservation and resources enforcement officers may use unmanned aircraft systems to monitor, investigate, and obtain evidence of natural and cultural resource violations to carry out the purposes of this chapter.

(c) The department of land and natural resources shall maintain detailed records of the use of unmanned aircraft systems and the effectiveness of the unmanned aircraft systems program.

(d) The department of land and natural resources shall submit an annual report to the legislature no later than January 1, 2026, and every year thereafter, on the unmanned aircraft systems program for the preceding annual period. The report shall be available to the public on the department's website and include:

(1) A log of each use of an unmanned aircraft system, including the date, time, location, and types of incidents and justification for use;

(2) A log of the civil or criminal investigations aided by the use of an unmanned aircraft system;

(3) A log of any other uses of an unmanned aircraft system; and

(4) A description of the program costs for the reporting period.

(e) The department of land and natural resources may adopt rules pursuant to chapter 91 to carry out the purposes of this section.

(f) The department of land and natural resources shall not purchase, operate, or otherwise acquire or use unmanned aircraft systems manufactured or assembled by a covered foreign entity; provided that the chairperson of the board of land and natural resources may waive this prohibition on a case-by-case basis to the extent necessary for counter-unmanned aircraft systems activities, criminal investigative purposes, or exigent circumstances; provided further that the chairperson notifies the governor within fifteen calendar days after the chairperson grants each waiver. Unless waived, no state funds, including funds awarded through a contract, grant, or cooperative agreement or otherwise made available, shall be used by the department of land and natural resources in connection with unmanned aircraft systems manufactured or assembled by a covered foreign entity.

For the purposes of this section, "covered foreign entity" means:

(1) An entity included on the Consolidated Screening List or Entity List as designated by the United States Secretary of Commerce;

(2) An entity domiciled in the People's Republic of China or the Russian Federation;

(3) An entity subject to influence or control by the government of the People's Republic of China or by the Russian Federation;

(4) Da-Jiang Innovations; or

(5) A subsidiary or affiliate of an entity enumerated in paragraphs (1) through (4). [L 2023, c 237, §2]
Haw. Rev. Stat. § 181-7 — HI Code / Division 1 / Title 12 / Chapter 181 / Section 181-7
Termination, revocation of permit; release.
Status: in_force

(a) Any unexpired permit shall be effective only so long as the operator possesses the legal right and power by legal estate owned to strip mine from the land described in the permit. All authority of the board of land and natural resources to enforce the requirements prescribed in section 181-6 shall terminate within ten years after the end of the permit year in which strip mining was completed or abandoned upon the land unless before the end of the period he has served upon the operator written directions to comply therewith. The board shall release from the effect of this chapter, either by reason of compliance or limitation of time, all or any part of the land affected by this chapter by filing in the bureau of conveyances of the State, or in the office of the assistant registrar of the land court, or both, as appropriate, a written release in form prepared by the board.

(b) No permit shall be refused, modified, suspended, canceled, or revoked by the board until after a hearing on written charges has been had before the board after not less than ten days' written notice, fixing date and place of the hearing, has been given to the operator. [L 1957, c 161, §8; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; Supp, §98C-8; HRS §181-7; am L 1998, c 219, §4]
Haw. Rev. Stat. § 184-5 — HI Code / Division 1 / Title 12 / Chapter 184 / Section 184-5
Rules and enforcement; penalty.
Status: in_force

(a) The department may, subject to chapter 91, make, amend, and repeal rules having the force and effect of law, governing the use and protection of the state park system, including state monuments as established under section 6E-31, and including any private property over which there has been granted to the State any right of free public access or use for recreational, park, viewing of any historical, archaeological, natural, or scientific feature, object, or site, or related purpose, or property thereon, and also governing the use and protection of any recreational, scenic, historical, archaeological, natural, scientific, and related resources of state and private lands, and enforce those rules. Any person who violates any of the rules so prescribed shall be held liable for restoration of or restitution for any damages to public or private property and shall also be subject to the confiscation of any tools and equipment used in the violation and of any plants, objects, or artifacts removed illegally from such properties. Except as otherwise provided by the department, the more restrictive rules of the department shall apply in any unit of the state park system or any public use area which is also governed by the rules of any forest reserve, public hunting ground, or other department district or area.

(b) Except as provided in subsection (c), any person violating this chapter, any rule adopted pursuant thereto, or the terms and conditions of any permit issued thereunder, in addition to any other penalties, shall be guilty of a petty misdemeanor and shall be fined not less than:

(1) $100 for a first offense;

(2) $200 for a second offense; and

(3) $500 for a third or subsequent offense.

(c) Any person violating this chapter, any rule adopted pursuant thereto, or the terms and conditions of any permit issued thereunder, regulating vehicular parking or traffic movement shall have committed a traffic infraction as set forth in chapter 291D, the adjudication of which shall be subject to the provisions contained therein. A person found to have committed such a traffic infraction shall be fined not more than:

(1) $100 for a first violation;

(2) $200 for a second violation; and

(3) $500 for a third or subsequent violation.

(d) The fines specified in this section shall not be suspended or waived. Each day of each violation shall constitute a separate offense.

(e) Any civil penalty for any violation of this chapter or any rule adopted thereunder shall not be deemed to preclude the State from pursuing any criminal action against that person.

(f) The department may confer on the director of state parks and upon other employees of the division the powers of police officers, including the power to serve and execute warrants and arrest, or issue summons or citations to, offenders in all matters relating to the enforcement, in any state park, parkway, or state monument, or in any private property over which there has been granted to the State any right of free public access or use for recreational, park, viewing of any historical, archaeological, natural, or scientific feature, object, or site, or related purpose of:

(1) The laws applicable to the state parks and parkways and to historical objects and sites and the rules adopted under the provisions of this section; and

(2) Traffic laws and ordinances.

Those police powers shall also extend to the enforcement of laws of the State and the rules of the department relative to the protection and proper use of the recreational, scenic, historical, natural, and archaeological, scientific, and related resources of state and private lands. The conferring of powers shall include the designation of those employees as state parks enforcement officers. [L 1949, c 185, pt of §1; RL 1955, §19-36; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; am L 1965, c 96, §16; HRS §184-5; am L 1974, c 245, §1; am L 1975, c 24, §5; am L 1979, c 105, §13; am L 2002, c 24, §2; am L 2008, c 101, §3]
Haw. Rev. Stat. § 200-72 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-72
Defacing, etc.
Status: in_force

[§200-72] Defacing, etc., vessel hull identification numbers. No person shall wilfully deface, destroy, remove, or alter the vessel hull identification number which is carved, burned, stamped, embossed, or otherwise permanently affixed to the hull of a vessel by the manufacturer, or by the owner in the case of restoration, for the purpose of identifying the hull. This section does not prohibit the restoration by an owner of an original number when the restoration is authorized by the department, nor prevent any manufacturer from placing in the ordinary course of business, numbers or marks upon new hulls.
Haw. Rev. Stat. § 200-4.6 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-4.6
[ §200-4.
Status: in_force

[ §200-4.6] Alternate access to state boating facilities; rules. The department shall adopt rules to allow vessels holding a valid ocean recreation management area commercial use permit to use a state small boat harbor or boat launching ramp when unsafe wind and sea conditions would prevent safe access to the shoreline through a designated ingress or egress zone. The vessel operator or master shall give the department prior notice of the presence or threat of such conditions and shall be subject to local direction and control as necessary to avoid conflict with other users of the facility. Use of a state boating facility in accordance with this section shall not affect the permittee's right to use such boating facilities in the absence of such conditions in order to provision a vessel as permitted by law.
Haw. Rev. Stat. § 198-4 — HI Code / Division 1 / Title 12 / Chapter 198 / Section 198-4
Recordation.
Status: in_force

Instruments creating, assigning, or otherwise transferring conservation easements shall be recorded in the bureau of conveyances, or the land court, as the case may be, and such instruments shall be subject in all respects to the requirements of chapters 501 and 502.
Haw. Rev. Stat. § 190-5 — HI Code / Division 1 / Title 12 / Chapter 190 / Section 190-5
Penalty.
Status: in_force

(a) Any person violating this chapter, any rule adopted pursuant thereto, or the terms and conditions of any permit issued under section 190-4, shall be guilty of a petty misdemeanor and punished as provided in subsections (b), (c), and (d).

(b) The punishment, in addition to any other penalties, shall be a fine of not less than:

(1) $250 for a first offense;

(2) $500 for a second offense; and

(3) $1,000 for a third or subsequent offense.

(c) A fine in addition to the fine under subsection (b) may be levied for each specimen of aquatic life taken, killed, or injured in violation of this chapter or any rule adopted thereunder as follows:

(1) For a first offense, up to $250 or the retail market value of the specimen, whichever is higher;

(2) For a second offense, up to $500 or the retail market value of the specimen, whichever is higher; and

(3) For a third or subsequent offense, up to $1,000 or the retail market value of the specimen, whichever is higher.

(d) The court may require the defendant to complete an aquatic resources educational class administered by the department of land and natural resources in addition to or in lieu of paying all or any part of any monetary fine authorized by this section.

(e) The court may allow the defendant to perform community service as administered by the department of land and natural resources in lieu of paying any monetary fine authorized by this section; provided that if community service is ordered pursuant to this subsection, the department of land and natural resources may recommend to the court an order of community service that benefits the resource that was damaged.

(f) The department of land and natural resources may recommend to the court that the defendant be sentenced to probation with probationary terms and conditions consistent with sections 706-623 and 706-624, including but not limited to restrictions on:

(1) Entering specific geographical areas within waters of the State where aquatic resources may be found, including ocean waters, estuaries, rivers, and streams;

(2) Engaging in certain fishing activities;

(3) Handling, operating, or possessing certain fishing gear or boating equipment; and

(4) Taking or possessing certain species of aquatic life. [L 1955, c 192, §8; RL 1955, §21-137; HRS §190-5; am L 1981, c 16, §4; am L 1999, c 195, §9; am L 2016, c 67, §3; am L 2022, c 35, §6]
Haw. Rev. Stat. § 200-4 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-4
Rules.
Status: in_force

(a) The chairperson may adopt rules necessary:

(1) To regulate the manner in which all vessels may enter the ocean waters and navigable streams of the State and moor, anchor, or dock at small boat harbors, launching ramps, and other boating facilities owned or controlled by the State;

(2) To regulate the embarking and disembarking of passengers at small boat harbors, launching ramps, other boating facilities, and public beaches;

(3) For the safety of small boat harbors, launching ramps, and other boating facilities, and the vessels anchored or moored therein;

(4) For the conduct of the public using small boat harbors, launching ramps, and other boating facilities owned or controlled by the State;

(5) To regulate and control recreational and commercial use of small boat harbors, launching ramps, and other boating facilities owned or controlled by the State and the ocean waters and navigable streams of the State;

(6) To prevent the discharge or throwing into small boat harbors, launching ramps, other boating facilities, ocean waters, and navigable streams, of rubbish, refuse, garbage, or other substances likely to affect the quality of the water or that contribute to making the small boat harbors, launching ramps, other boating facilities, ocean waters, and streams unsightly, unhealthful, or unclean, or that are liable to fill up, shoal, or shallow the waters in, near, or affecting small boat harbors, launching ramps, and other boating facilities and the ocean waters and navigable streams of the State, and likewise to prevent the escape of fuel or other oils or substances into the waters in, near, or affecting small boat harbors, launching ramps, or other boating facilities and the ocean waters and navigable streams of the State from any source point, including but not limited to any vessel or from pipes or storage tanks upon land, including:

(A) Requirements for permits and fees for:

(i) The mooring, docking, or anchoring of recreational and commercial vessels or the launching of recreational or commercial vessels at small boat harbors, launching ramps, and other boating facilities; or

(ii) Other uses of these facilities;

(B) Requirements for permits and fees for use of a vessel as a principal place of habitation while moored at a state small boat harbor;

(C) Requirements governing:

(i) The transfer of any state commercial, mooring, launching, or any other type of use or other permit, directly or indirectly, including but not limited to the imposition or assessment of a business transfer fee upon transfer of ownership of vessels operating commercially from, within or in any way related to the state small boat harbors; and

(ii) The use of state small boat harbors, launching ramps, or other boating facilities belonging to or controlled by the State, including but not limited to the establishment of minimum amounts of annual gross receipts required to renew a commercial use permit, and conditions under which a state commercial, mooring, launching, or any other type of use or other permit may be terminated, canceled, or forfeited; and

(D) Any other rule necessary to implement this chapter pertaining to small boat harbors, launching ramps, and other boating facilities belonging to or controlled by the State;

(7) To continue the ocean recreational and coastal areas programs and govern the ocean waters and navigable streams of the State, and beaches encumbered with easements in favor of the public to protect and foster public peace and tranquility and to promote public safety, health, and welfare in or on the ocean waters and navigable streams of the State, and on beaches encumbered with easements in favor of the public, including:

(A) Regulating the anchoring and mooring of vessels, houseboats, and other contrivances outside of any harbor or boating facility, including:

(i) The designation of offshore mooring areas;

(ii) The licensing and registration of vessels, houseboats, and other contrivances; and the issuance of permits for offshore anchoring and mooring of vessels, houseboats, and other contrivances; and

(iii) The living aboard on vessels, houseboats, or other contrivances while they are anchored or moored within ocean waters or navigable streams of the State.

The rules shall provide for consideration of environmental impacts on the State's aquatic resources in the issuance of any permits for offshore mooring;

(B) Safety measures, requirements, and practices in or on the ocean waters and navigable streams of the State;

(C) The licensing and registration of persons or organizations engaged in commercial activities in or on the ocean waters and navigable streams of the State;

(D) The licensing and registration of equipment utilized for commercial activities in or on the ocean waters and navigable streams of the State;

(E) For beaches encumbered with easements in favor of the public, the prohibition or denial of the following uses and activities:

(i) Commercial activities;

(ii) The storage, parking, and display of any personal property;

(iii) The placement of structures or obstructions;

(iv) The beaching, landing, mooring, or anchoring of any vessels; and

(v) Other uses or activities that may interfere with the public use and enjoyment of these beaches; and

(F) Any other matter relating to the safety, health, and welfare of the general public;

(8) To regulate the examination, guidance, and control of harbor agents and their assistants; and

(9) To regulate commercial activities in state waters including operations originating from private marinas; provided that no new or additional permits shall be required for those commercial activities regulated by any other chapter.

For the purposes of this paragraph:

"Commercial activity" means to engage in any action or attempt to engage in any action for compensation in any form. The action or actions may include providing or attempting to provide, advertising, or offering or attempting to offer guide services, charters, tours, and transportation to and from the location or locations for which such services are provided.

"Compensation" means money, barter, trade, credit, and other instruments of value, goods, and other forms of payment.

(b) All rules shall be adopted in accordance with chapter 91 and shall have the force and effect of law. [L 1991, c 272, pt of §2; am L 2012, c 289, §3; am L 2024, c 227, §3]
Haw. Rev. Stat. § 195F-7 — HI Code / Division 1 / Title 12 / Chapter 195F / Section 195F-7
Penalty payback provisions.
Status: in_force

The board shall establish and implement a penalty payback provision to be applied in the event that a landowner terminates any approved practice required under the forest stewardship management plan, as agreed to by the board and the landowner.
Haw. Rev. Stat. § 189-46 — HI Code / Division 1 / Title 12 / Chapter 189 / Section 189-46
Reports.
Status: in_force

The department shall make a report for the period ending December 31 of each year to the governor, the president of the senate, and the speaker of the house of representatives, on the progress made under this part. The report shall be submitted not later than February 1 immediately following the period covered by the report.
Haw. Rev. Stat. § 200-19 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-19
Private financing of small boat harbor improvements.
Status: in_force

(a) Notwithstanding any law to the contrary, the board may enter into a capital advancement contract with a private party for any public improvement to or construction of a state small boat harbor, if the chairperson determines that a capital advancement contract promotes the best interest of the State by finding that:

(1) Private development is likely to be less costly than any other type of contract;

(2) Private development provides needed public improvements on a significantly more timely basis; or

(3) Public financing for the public improvements is not available on a timely basis.

(b) A capital advancement contract under subsection (a) may be financed by legislative appropriation to reimburse the private party or by credit against the private party's future rental or tariff payments to the State; provided that the terms of the contract shall ensure that the State benefits financially from the arrangement and that public use of the facility is maintained; provided further that capital advancement contracts under this section shall not be general obligations of the State for which the full faith and credit of the department is pledged and the legislature shall have no obligation to appropriate funds to reimburse a private party to a capital advancement contract.

(c) A capital advancement contract under subsection (a) shall be subject to the requirements of chapters 103 and 103D and be subject to the approval of the board; provided that all related transactions shall be subject to state audit.

(d) The board may execute capital advancement contracts pursuant to subsection (a) with a total contract value of $2,000,000 or less without legislative approval. If the total value of a capital advancement contract pursuant to subsection (a) is greater than $2,000,000 then the board shall obtain legislative approval in the form of the adoption of a concurrent resolution affirming the purpose, project, and contract issuance prior to executing the capital advancement contract. The total aggregate value of all capital advancement contracts entered into by the board pursuant to this section shall not exceed $5,000,000 in any calendar year.

(e) For the purposes of this section:

"Capital advancement contract" means an agreement between the board and a private party whereby the private party agrees to furnish capital, labor, or materials for a public improvement to or construction of a state small boat harbor and in return for which the private party may be reimbursed in a manner to be determined by the board.

"Total value" includes any contract extension, project redesign, add-ons, or any other occurrence, act, or material cost that may increase the cost of the contracted project. [L 2001, c 285, §2]
Haw. Rev. Stat. § 171-78 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-78
Notice; drawing.
Status: in_force

No residential lease shall be made unless notice of the board of land and natural resources' intention to lease, with such details concerning the intended lease and method of application for the lease as the board deems necessary or desirable, is published as provided in section 171-16(b). The person entitled to the lease shall be determined by drawing from among the qualified applicants who have submitted evidence satisfactory to the board of loan commitments, still in force, from recognized lending institutions to finance the construction of a residence upon the premises. Only those who are entitled to preference may participate in the drawing, and one of them shall be entitled to the lease of the lot offered, or if more than one lot is offered, they shall have their choice among the lots offered, according to the numbers drawn by them. If there are more lots than qualified applicants entitled to preference, those without preference may participate in the drawing after all preferred qualified applicants have made their choices. Any lease referred to in the published notice which is not taken upon the drawing may thereafter be leased to any qualified applicant for a residential lease having a loan commitment, still in force, from a recognized lending institution to finance the construction of a residence upon the premises, notwithstanding the person was not an applicant at the date of the drawing, without further publication of notice and without further drawing, if the lease is made within one year of the date of the drawing of which notice was published.
Haw. Rev. Stat. § 188-44 — HI Code / Division 1 / Title 12 / Chapter 188 / Section 188-44
Licenses for mullet.
Status: in_force

(a) The department may issue a license to any owner or operator of a fishpond to lawfully catch the young mullet known as pua during the closed season, for the purpose of stocking the owner's or operator's pond, and lawfully sell pond raised mullet during the closed season.

(b) The department may adopt rules pursuant to chapter 91 necessary for the purpose of this section and to set reasonable fees. [L 1888, c 58, §§1, 2, 3; am L 1903, c 8, §2; RL 1925, §§763, 764, 765; am L 1925, c 193, §§1, 2, 3; am imp L 1927, c 264; am L 1933, c 174, §2; RL 1935, §§370, 371; am L 1935, c 85, §1; RL 1945, §1236; RL 1955, §21-77; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §188-44; am L 1981, c 85, §51; gen ch 1985; am L 1991, c 184, §2; am L 1992, c 163, §1; am L 1999, c 85, §§1, 17; am L 2002, c 151, §1]
Haw. Rev. Stat. § 196-21 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-21
Financing mechanisms.
Status: in_force

(a) Agencies shall maximize their use of available alternative financing contracting mechanisms, including energy-savings contracts, when life-cycle cost-effective, to reduce energy use and cost in their facilities and operations. Energy-savings contracts shall include:

(1) Energy performance contracts;

(2) Municipal lease and purchase financing; and

(3) Utility energy-efficiency service contracts.

Energy-savings contracts shall provide significant opportunities for making state facilities more energy efficient at no net cost to taxpayers.

(b) Agencies that perform energy efficiency and renewable energy system retrofitting may continue to receive budget appropriations for energy expenditures at an amount that will not fall below the pre-retrofitting energy budget but will rise in proportion to any increase in the agency's overall budget for the duration of the performance contract or project payment term. A portion of the moneys saved through efficiency and renewable energy system retrofitting shall be set aside to pay for any costs directly associated with administering energy efficiency and renewable energy system retrofitting programs incurred by the agency.

(c) Notwithstanding any law to the contrary relating to the award of public contracts, any agency desiring to enter into an energy performance contract shall do so in accordance with the following provisions:

(1) The agency shall issue a public request for proposals, advertised in the same manner as provided in chapter 103D, concerning the provision of energy-efficiency services or the design, installation, operation, and maintenance of energy equipment. The request for proposals shall contain terms and conditions relating to submission of proposals, evaluation, and selection of proposals, financial terms, legal responsibilities, and other matters as may be required by law and as the agency determines appropriate;

(2) Upon receiving responses to the request for proposals, the agency shall select the most qualified proposal or proposals and may base its determination on the basis of the experience and qualifications of the proposers, the technical approach, the financial arrangements, the overall benefits to the agency, or other factors determined by the agency to be relevant and appropriate;

(3) The agency thereafter may negotiate and enter into an energy performance contract with the person or company whose proposal is selected as the most qualified based on the criteria established by the agency;

(4) The term of any energy performance contract entered into pursuant to this section shall not exceed twenty years;

(5) Any energy performance contract may provide that the agency ultimately shall receive title to the energy system being financed under the contract; and

(6) Any energy performance contract shall provide that total payments shall not exceed total savings. [L 2002, c 77, pt of §9; am L 2006, c 96, §7; am L 2007, c 157, §3]
Haw. Rev. Stat. § 187A-2 — HI Code / Division 1 / Title 12 / Chapter 187A / Section 187A-2
Powers and duties of department.
Status: in_force

The department shall:

(1) Manage and administer the aquatic life and aquatic resources of the State;

(2) Establish and maintain aquatic life propagating station or stations;

(3) Establish, manage, and regulate public fishing areas, artificial reefs, fish aggregating devices, marine life conservation districts, shoreline fishery management areas, refuges, and other areas pursuant to title 12;

(4) Subject to this title, import aquatic life for the purpose of propagating and disseminating the same in the State and the waters subject to its jurisdiction;

(5) Distribute, free of charge, as the department deems to be in the public interest, aquatic life, for the purpose of increasing the food supply of the State; provided that when, in the discretion of the department, the public interest shall not be materially interfered with by so doing, the department may propagate and furnish aquatic life to private parties, upon such reasonable terms, conditions, and prices determined by the department;

(6) Gather and compile information and statistics concerning the habitat and character of, and increase and decrease in, aquatic resources in the State, including the care and propagation of aquatic resources for protective, productive, and aesthetic purposes, and other useful information, which the department deems proper;

(7) Enforce all laws relating to the protecting, taking, killing, propagating, or increasing of aquatic life within the State and the waters subject to its jurisdiction; and

(8) Formulate and from time to time recommend to the governor and legislature such additional legislation necessary or desirable to implement the objectives of title 12. [L 1985, c 94, pt of §1; am L 1998, c 176, §7]
Haw. Rev. Stat. § 195F-1 — HI Code / Division 1 / Title 12 / Chapter 195F / Section 195F-1
Findings and purpose.
Status: in_force

The legislature finds that:

(1) Much of the forest land in Hawaii is privately owned and managed;

(2) The capacity to protect important watersheds and native Hawaiian plants and animals and to produce renewable forest resources is significantly dependent on these privately managed forest and formerly forested lands;

(3) The factors essential to the quality of life in Hawaii, including our water and air quality, mild climate, and habitat available for plants and animals unique to these islands, can be maintained and improved through good stewardship of privately managed forest lands;

(4) To accomplish these purposes, the present system of state and federal financial and technical assistance programs needs to be expanded to promote the long-term management of additional privately managed forest and formerly forested lands throughout the State; and

(5) A forest stewardship program should be established to supplement the natural area reserves system's programs under chapter 195 by encouraging landowners of privately managed forest and formerly forested lands that cannot qualify as potential natural area reserves to make long-term commitments to protect, maintain, and restore important watersheds, forest resources, forest products, fish and wildlife habitats, isolated populations of rare and endangered plants, native vegetation, and other lands that provide significant public benefits.

The purpose of this chapter is to establish a program to financially assist landowners in managing, protecting, and restoring important natural resources in Hawaii's forested and formerly forested lands. [L 1991, c 327, pt of §2; am L 2021, c 221, §1]
Haw. Rev. Stat. § 187A-4 — HI Code / Division 1 / Title 12 / Chapter 187A / Section 187A-4
Administrator.
Status: in_force

The board shall appoint an administrator of aquatic resources who shall have charge, direction, and control of all matters relating to aquatic resources management, conservation, and development activities under this title, and such other matters as the board may direct. The administrator shall be trained and educated in natural resource management.
Haw. Rev. Stat. § 171-66 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-66
Planning.
Status: in_force

In addition to the requirements set forth in sections 171-33 and 171-34, prior to making these dispositions, the board of land and natural resources shall:

(1) Determine the economic feasibility and need for proposed disposition;

(2) Determine the minimum economic unit required for the successful undertaking of the specific use intended, taking into consideration soil fertility, soil condition, and availability of water; and

(3) Subdivide the land into economic units and make such improvements as are necessary in conformity with applicable county or city and county zoning and subdivision requirements, including the construction of necessary roads and irrigation facilities. [L 1962, c 32, pt of §2; Supp, §103A-62; HRS §171-66]
Haw. Rev. Stat. § 197-5 — HI Code / Division 1 / Title 12 / Chapter 197 / Section 197-5
General penalty.
Status: in_force

Any person violating any of the provisions of this chapter, or any rule adopted pursuant to this chapter, shall be guilty of a petty misdemeanor and upon conviction thereof shall be punished as provided by law.
Haw. Rev. Stat. § 200-11 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-11
Existing permits.
Status: in_force

An owner of a vessel used as a principal place of habitation holding a permit for that use in a state small boat harbor on June 9, 1976, may continue to moor the vessel in that harbor for such purpose and be permitted to obtain a new mooring permit; provided that the owner conforms to conditions set forth in sections 200-9 and 200-10.
Haw. Rev. Stat. § 188-37 — HI Code / Division 1 / Title 12 / Chapter 188 / Section 188-37
Fishing in the Northwestern Hawaiian Islands.
Status: in_force

(a) The department of land and natural resources may adopt rules relating to the taking of marine life in the Northwestern Hawaiian Islands, where, in the judgment of the department the action will not deplete the stocks of marine life in the area; the rules may include open and closed seasons, size limits, methods and appliances, and establishment of permits for taking marine life.

(b) Those islands, reefs, and shoals, as well as their respective appurtenant reefs and territorial waters, of the Hawaiian Islands chain beginning and including Nihoa Island to and including Kure Island shall be referred to as the Northwestern Hawaiian Islands.

(c) The department may issue permits to those persons with a valid commercial marine license issued pursuant to section 189-2 who own or operate a vessel deemed capable by the department for effectively taking marine life within the Northwestern Hawaiian Islands, and whenever the department deems necessary, it may limit the number of permits issued to take marine life in any particular area and such limitation shall be on the basis of the order of application for permits. Issuance of permits shall be limited to persons utilizing methods or appliances approved by rule of the department, which need not be legal elsewhere within the State, and these permittees may take species of marine life, when and as approved by rule of the department. The fee for the Northwestern Hawaiian Islands taking permit shall be established by the department by rules adopted in accordance with chapter 91.

The department may revoke any permit for any infraction of the terms and conditions of the permit. Any person whose permit has been revoked shall not be eligible to apply for another permit until the expiration of one year from the date of revocation. [L 1953, c 57, §§1, 2; RL 1955, §21-70; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §188-37; am L 1978, c 97, §1; am L 1981, c 85, §46; am L 1988, c 117, §1; am L 2002, c 86, §4]
Haw. Rev. Stat. § 174C-53 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-53
Permit issuance.
Status: in_force

(a) The commission shall determine, after a hearing, if required, whether the conditions set forth in section 174C-49(a) have been established; provided that the commission may make such determination without a hearing if the quantity of water applied for does not exceed an average amount per month to be established by rule or if the quantity of water applied for exceeds an average amount per month to be established by rule, but no objection to the application is filed by any person having standing to file an objection.

(b) In acting upon any application, the commission need consider only those objections filed by a person who has some property interest in any land within the hydrologic unit from which the water sought by the applicant is to be drawn or who will be directly and immediately affected by the water use proposed in the application. The commission shall adopt rules governing the filing of objections and the persons having standing to file objections.

(c) An application shall be acted upon within ninety calendar days of an application not requiring a hearing, or within one hundred eighty calendar days of an application requiring a hearing. The time periods prescribed in this section shall not be deemed to run for any period in which an application is not complete in all material respects, in the judgment of the commission.

(d) As a condition for the issuance of a permit the commission may require the permittee to install meters, gauges, or other appropriate measuring devices. [L 1987, c 45, pt of §2]
Haw. Rev. Stat. § 195F-3 — HI Code / Division 1 / Title 12 / Chapter 195F / Section 195F-3
Establishment of the forest stewardship program.
Status: in_force

(a) There is established a forest stewardship program to be administered by the board to assist landowners of privately managed forest lands to manage, protect, and restore important watersheds, native vegetation, forest resources, forest products, fish and wildlife habitats, isolated populations of rare and endangered plants, and other lands that are not recognized as potential natural area reserves.

(b) The program shall reimburse landowners for a portion of the landowners' total costs in developing and implementing approved forest stewardship management plans pursuant to this chapter.

(c) The program shall assist in the forest stewardship of public lands and in developing education and training programs for sustainable forestry pursuant to section 195F-4(a)(2). [L 1991, c 327, pt of §2; am L 1999, c 144, §3; am L 2021, c 221, §3]
Haw. Rev. Stat. § 174C-11 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-11
Hearings officers.
Status: in_force

(a) The chairperson may appoint hearings officers, not subject to chapter 76, to hear and reach a preliminary decision on any matter concerning the implementation or administration of the state water code which the commission may refer to the hearings officers by rule or otherwise.

(b) In assigning matters to hearings officers, the chairperson shall make the assignments in a manner which ensures that hearings officers will develop familiarity and expertise with given geographic areas.

(c) In conducting a hearing on any matter referred by the commission, a hearings officer shall solicit and consider the views of the appropriate county officials responsible for planning, economic development, and resource management and such other county officials and others as the commission shall direct. Any affected county agency shall be admitted as a party upon request.

(d) Each hearings officer is deemed to be an agent of the commission with all powers associated with such designation.

(e) In order to facilitate dispute resolution, the commission may employ mediation methods where practicable including the use of masters.

(f) The commission shall adjudicate disputes where there is insufficient water to meet competing needs. [L 1987, c 45, pt of §2; am L 2000, c 253, §150]
Haw. Rev. Stat. § 171-64 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-64
Covenants against discrimination.
Status: in_force

The board of land and natural resources shall provide in every patent, deed, lease, agreement, license, or permit that the use and enjoyment of the premises being granted shall not be in support of any policy which discriminates against anyone based upon race, creed, color, national origin, sex or a physical handicap. The board shall not dispose of any public land to any person who practices discrimination based upon race, creed, color, national origin, sex or a physical handicap. As used in this section "physical handicap" means a physical impairment which substantially limits one or more of a person's major life activities.
Haw. Rev. Stat. § 198D-1 — HI Code / Division 1 / Title 12 / Chapter 198D / Section 198D-1
Definitions.
Status: in_force

For the purpose of this chapter:

"Access" means an easement or way:

(1) Over which the general public has the right to travel; and

(2) Which is used by the general public or intended for use by the general public primarily to reach or depart a public beach, shore, park, trail, or other public recreational area.

It includes a lateral easement along the shoreline, coastline, or beach.

"Department" means the department of land and natural resources.

"Trail" means an identifiable linear course used primarily for or used to get a recreational, educational, or inspirational experience. It includes, but is not limited to:

(1) A corridor trail, which is a designated route, segregated from a highway, providing a continuous linkage between or among major urban areas, fragmented accesses, and major trail areas;

(2) A segment or connector trail, which is a designated route from one locale to another; and

(3) A special use trail, which is a designated course for a special activity or function. [L 1988, c 236, pt of §2]
Haw. Rev. Stat. § 200-40 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-40
Marine events; permits; exclusive use; cancellation fee.
Status: in_force

(a) No person shall hold a marine event, including but not limited to a regatta, marine parade, or surfing contest, without written authorization from the department; provided that the department's written authorization is not required if prior authorization has been secured from the Coast Guard.

(b) Authorization shall be in the form of a permit. All permits and permit applications shall be subject to the following:

(1) Permit applications shall be on a form prescribed by the department;

(2) Permit applications may be submitted to the department up to one year in advance of the date of a proposed event;

(3) The applicant shall submit the completed application, proof of valid insurance, and proof of approval from the land owner;

(4) The department shall use its best efforts to grant or deny a permit within thirty days of receiving a permit application;

(5) The department shall charge a fee for issuance of marine use permits under this section and collect an additional $250 nonrefundable deposit, which shall be retained by the department if the permit is canceled within sixty days of the scheduled date of the marine event;

(6) The department may issue an exclusive marine use permit to an applicant to confer upon the applicant the use of state waters and other areas under the jurisdiction of the State that have been specifically designated for use during the marine event, to the exclusion of all others who are not the applicant or event participants; provided that the department shall charge an exclusive marine use permit fee for the permit, which shall be higher than the permit fee charged pursuant to paragraph (5); and

(7) Any applicant who has been granted a permit under this section and wants to cancel the permit shall request a cancellation from the department in writing. If an applicant who has been granted a permit under this section submits a cancellation request to the department less than ninety calendar days before the scheduled date of the marine event, the department may assess a cancellation fee.

The marine use permit fee, exclusive marine use permit fee, and cancellation fee amounts to be charged by the department pursuant to this subsection shall be determined by the department.

(c) The department may adopt rules, pursuant to chapter 91, necessary to effectuate this section.

(d) As used in this section, "marine event" means an organized water event of limited duration that is conducted according to a prearranged schedule, and by its nature, circumstances, or location, will introduce extra or unusual hazards to the safety of persons or property in the waters of the State. [L 2018, c 156, pt of §2]
Haw. Rev. Stat. § 171-135 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-135
Joint venture or development agreement.
Status: in_force

(a) An industrial park may be developed under section 171-134 by the department in partnership or under a development agreement with a federal agency, county, or private party subject to a partnership or development agreement executed by the chairperson of the board; provided that if the industrial park is to be developed in partnership or under a development agreement with a private party, the private party shall be selected in accordance with section 103D-302 or 103D-303. At a minimum, the agreement shall provide for:

(1) A determination by the board that the partnership agreement or the development agreement is for a public purpose;

(2) Long-term assurance that the public land within the industrial park will be utilized for industrial uses;

(3) Final approval by the board of the plans and specifications for the industrial park;

(4) Exclusive authority by the board to issue leases or master leases within the industrial park; and

(5) Conditions to ensure a public benefit from any state funds expended for the industrial park.

(b) Notwithstanding any other provision of law to the contrary, a partnership or development agreement entered into pursuant to subsection (a) may provide for:

(1) The board to issue master leases within an industrial park by negotiation, without regard to the limitations provided in sections 171-16(c) and 171-59(a), to the entity that developed the industrial park or the nominee or nominees of the entity that developed the industrial park; and

(2) A master lease with terms and conditions upon which the master lessee may issue tenant subleases within the industrial park without the consent of the board. [L 1988, c 361, pt of §1; am L 1991, c 173, §2; am L 2002, c 139, §2]
Haw. Rev. Stat. § 173-2 — HI Code / Division 1 / Title 12 / Chapter 173 / Section 173-2
Advances and transfers.
Status: in_force

For the purpose of paying the cost of the issuance of bonds authorized by this [chapter] and other preliminary expenses, including but not limited to expenses for engineering and surveys, plans and designs, and appraisals and the costs of services of other departments and agencies, the department of land and natural resources may make advances of such sums as may be necessary from, and as are not then otherwise required for use in, the special land and development fund, which fund shall be reimbursed for the advances upon the issuance of the revenue bonds issued to finance the reclamation project in connection with which such costs and expenses are incurred. The state director of finance may also make temporary transfers to the department for such purposes in conformity with the provisions of section 39-72.

The governor may make advances from loan funds, derived from the issuance of general obligation bonds, for public improvements authorized by section 173-1, and the advances shall be repaid from the proceeds of the revenue bonds when issued, before any other advances are reimbursed therefrom. When reimbursed the loan funds shall be available for expenditure for the public improvements the financing of which by the issuance of general obligation bonds theretofore was authorized. [L 1957, JR 45, §5; am L Sp 1959 2d, c 1, §§14, 21; am L 1961, c 132, §2; am L 1962, c 32, §7; am L 1963, c 114, §1; Supp, §99D-5; HRS §173-2]

Revision Note

Section "39-72" substituted for "39-67".
Haw. Rev. Stat. § 174C-68 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-68
Water quality plan.
Status: in_force

(a) The department of health shall formulate a state water quality plan for all existing and potential sources of drinking water and that plan shall become part of the Hawaii water plan described in part III. Requirements for the plan shall be governed by chapters 340E and 342. The state water quality plan shall include water quality criteria for the designation of ground water management areas and surface water management areas pursuant to section 174C-44 and 174C-45.

(b) The state water quality plan shall be periodically reviewed and revised by the department of health as needed.

(c) In formulating or revising the state water quality plan, the department of health shall consult with and carefully evaluate the recommendations of concerned federal, state, and local agencies, particularly county water supply agencies.

(d) The department of health may ban the importation into this State of any substances which the department of health reasonably believes may present a danger to the water quality of this State. [L 1987, c 45, pt of §2; am L 1999, c 197, §11]
Haw. Rev. Stat. § 174C-63 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-63
Appurtenant rights.
Status: in_force

Appurtenant rights are preserved. Nothing in this part shall be construed to deny the exercise of an appurtenant right, including access by the holder thereof to conduct activities necessary to assure the use, delivery, and quality of water including temperature and turbidity, that shall not be unreasonably withheld. A permit for water use based on an existing appurtenant right shall be issued upon application. The permit shall be subject to sections 174C-26 and 174C-27 and 174C-58 to 174C-62.
Haw. Rev. Stat. § 200-47 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-47
Disposition of proceeds.
Status: in_force

A state or county agency that sells a vessel pursuant to this part shall deposit that portion of the proceeds of the sale of the vessel that represents the mooring or other fees and charges due the agency, the expenses of the auction, and any other expense incurred by the agency in taking into custody and disposing of an abandoned vessel, derelict vessel, or vessel impounded under section 200-16, into the boating special fund or other state or county fund, as appropriate, from which the expenses incurred in connection with the vessel were paid. The balance, if any, shall be deposited into the general fund of the State. The owner may recover any balance of the proceeds from the State only if the owner files a claim therefor with the department of budget and finance within one year after the execution of the bill of sale. If no claim is made within the year allowed, the money shall become a state realization. A lien holder shall receive priority in payment from the balance of the proceeds to the extent of the lien holder's lien on the vessel. If the proceeds of the sale are insufficient to cover the mooring and other fees and charges, the expenses of the auction, and the other expenses incurred by the agency in taking into custody and disposing of the vessel, the agency may bring an action for the deficiency in [an] environmental court of appropriate jurisdiction against the registered or documented owner or any person who had an interest in the vessel when custody was taken by the agency.
Haw. Rev. Stat. § 188-22.5 — HI Code / Division 1 / Title 12 / Chapter 188 / Section 188-22.5
State marine waters.
Status: in_force

As used in this chapter, state marine waters shall be defined as extending from the upper reaches of the wash of the waves on shore seaward to the limit of the State's police power and management authority, including the United States territorial sea, notwithstanding any law to the contrary.
Haw. Rev. Stat. § 182-6 — HI Code / Division 1 / Title 12 / Chapter 182 / Section 182-6
Exploration.
Status: reserved

Any person wishing to conduct geothermal or mineral exploration on state lands or reserved lands shall apply to the board, which shall issue exploration permits upon terms and conditions as it shall by rule prescribe. During and as a result of the exploration, no minerals of types and quantity beyond that reasonably required for testing and analysis shall be extracted and removed from the state lands or reserved lands. Upon termination of the exploration permit, all exploration data, including but not limited to the drill logs and the results of the assays resulting from the exploration, shall be turned over to the board and kept confidential by the board. If the person does not make application for a mining lease of the lands within a period of six months from the date the information is turned over to the board, the board in its discretion need not keep the information confidential.

This section shall be construed as authorizing the board to issue an exploration permit for geothermal resources as well as minerals. [L 1963, c 11, pt of §1; Supp, §99A-6; HRS §182-6; am L 2012, c 97, §4; am L 2016, c 220, §6]
Haw. Rev. Stat. § 174C-94 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-94
Completion report.
Status: in_force

Within thirty days after the completion of construction or alteration of any stream diversion work, the permittee shall file a written statement of completion with the commission. The commission shall designate the form of such statement and such information as it shall require.
Haw. Rev. Stat. § 171-31.6 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-31.6
Criminal penalties.
Status: in_force

(a) Any person found guilty of a violation of this chapter or any rules adopted thereunder shall be guilty of a petty misdemeanor and shall be punished as follows:

(1) For a first offense, by a mandatory fine of not less than $500, or imprisonment of not more than thirty days, or both;

(2) For a second offense within five years of a previous conviction under this section, by a mandatory fine of not less than $1,000, or imprisonment of not more than thirty days, or both; and

(3) For a third or subsequent offense within five years of two prior convictions under this section, by a mandatory fine of not less than $2,000, or imprisonment of not more than thirty days, or both.

(b) Any criminal action against a person for any violation under this section shall not be deemed to preclude the State from pursuing civil legal action to recover administrative fines and costs against the person. Any civil legal action against a person to recover administrative fines and costs for any violation of this chapter or any rules adopted thereunder shall not be deemed to preclude the State from pursuing any criminal action against that person pursuant to this section. [L 2008, c 216, §1]
Haw. Rev. Stat. § 183C-3 — HI Code / Division 1 / Title 12 / Chapter 183C / Section 183C-3
Powers and duties of the board and department.
Status: in_force

The board and department shall:

(1) Maintain an accurate inventory of lands classified within the state conservation district by the state land use commission, pursuant to chapter 205;

(2) Identify and appropriately zone those lands classified within the conservation district;

(3) Adopt rules, in compliance with chapter 91 which shall have the force and effect of law;

(4) Set, charge, and collect reasonable fees in an amount sufficient to defray the cost of processing applications for zoning, use, and subdivision of conservation lands;

(5) Establish categories of uses or activities on conservation lands, including allowable uses or activities for which no permit shall be required;

(6) Establish restrictions, requirements, and conditions consistent with the standards set forth in this chapter on the use of conservation lands; and

(7) Establish and enforce land use regulations on conservation district lands including the collection of fines for violations of land use and terms and conditions of permits issued by the department. [L 1994, c 270, pt of §1]
Haw. Rev. Stat. § 195-10 — HI Code / Division 1 / Title 12 / Chapter 195 / Section 195-10
Alienation of natural area reserves.
Status: in_force

Natural area reserves shall be held in trust and shall not be alienated except to another public use upon a finding by the department of an imperative and unavoidable public necessity.
Haw. Rev. Stat. § 184-8 — HI Code / Division 1 / Title 12 / Chapter 184 / Section 184-8
Budget.
Status: in_force

The department of land and natural resources shall submit to the director of finance, annually, the budgetary estimates and information required by chapter 40 and shall include therein estimates of the financial requirements of the department for the operation of a state parks system as provided by this part.
Haw. Rev. Stat. § 180-14 — HI Code / Division 1 / Title 12 / Chapter 180 / Section 180-14
State agencies to cooperate.
Status: in_force

Agencies of the state government, or other governmental subdivisions of the State, which have jurisdiction over publicly owned lands lying within any soil and water conservation district, may cooperate with the district in the effectuation of programs and operations of the district. District directors shall be given access to enter and perform work upon the lands.
Haw. Rev. Stat. § 196-22 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-22
State energy projects.
Status: in_force

State energy projects may be implemented under this chapter with the approval of the comptroller and the director of finance or their designees. In addition, this section shall be construed to provide the greatest possible flexibility to agencies in structuring agreements so that economic benefits and existing energy incentives may be used and maximized, and financing and other costs to agencies may be minimized. The specific terms of energy performance contracting under section 36-41 may be altered if deemed advantageous to the agency and approved by the director of finance and the comptroller.
Haw. Rev. Stat. § 199D-2 — HI Code / Division 1 / Title 12 / Chapter 199D / Section 199D-2
Applicability.
Status: in_force

Notwithstanding any other provision of law to the contrary, all natural resource infractions that the department identifies as subject to administrative penalties may be adjudicated pursuant to this chapter. This chapter may be applied by all of the divisions of the department.
Haw. Rev. Stat. § 189-45 — HI Code / Division 1 / Title 12 / Chapter 189 / Section 189-45
Loans, terms, and restrictions.
Status: in_force

The department may make loans to individuals or businesses for the financing of expenses incurred in the purchase, construction, renovation, maintenance, and repair of small fishing vessels. The loans may be made in conjunction with loans made by other financial institutions including the Small Business Administration or loans guaranteed by the National Marine Fisheries Service. Where the loans made by the department are secured, such security may be subordinated to the loans made by other financial institutions, when such subordination is required in order to obtain loans from such institutions. The necessity for and the extent of security required in any loan shall be determined by the director.

The foregoing powers shall be subject, however, to the following restrictions and limitations:

(1) No loan shall exceed $50,000.

(2) No loan shall be made for a term exceeding ten years.

(3) Each loan shall bear simple interest at the rate of seven and one-half per cent a year.

(4) The commencement date for the repayment of the first installment on the principal of each loan may be deferred by the director, but in no event shall such initial payment be deferred in excess of two years. [L 1975, c 167, §11; am L 1976, c 70, pt of §2]
Haw. Rev. Stat. § 171-75 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-75
Persons disqualified to take residential leases.
Status: in_force

No person shall be qualified to take a residential lease under this part who, or whose husband or wife, or both of them:

(1) Has previously taken from or held under the Territory or State any certificate of occupation, right of purchase lease, cash freehold agreement, special homestead agreement or homestead lease, or patent based on any of the foregoing, or has previously taken residential lease or patent or deed to any residential lot under this part; provided that a person who has previously taken from or held under the Territory or State or under this part any such certificate, lease, agreement, patent, or deed to any land shall not be disqualified, if the person has been displaced at any time from the land by governmental authority for any public purpose or by reason of any natural disaster;

(2) Owns other land in the State suitable for residential use;

(3) Owns other land not suitable for residential use if the value thereof exceeds the value of the residence lot applied for;

(4) Is the lessee under a lease having an unexpired term of more than five years of other land in the State suitable for residential use and which lease does not prohibit the lessee from using the land for such purposes;

(5) Had voluntarily sold or otherwise disposed of, within one year prior to the filing of the person's application, any land or lease described in (2), (3) and (4). [L 1962, c 32, pt of §2; Supp, §103A-71; HRS §171-75; gen ch 1985]
Haw. Rev. Stat. § 200-2 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-2
Board of land and natural resources, powers and duties.
Status: in_force

(a) The board shall have the primary responsibility for administering the ocean recreation and coastal areas programs and performing the functions heretofore performed by the department of transportation and the department of law enforcement in the areas of boating safety, conservation, search and rescue, and security of small boat harbor environs.

(b) The board shall not transfer its jurisdiction, management, or operations of the small boat harbors to any other department or agency or any county in any manner unless expressly provided by law. [L 1991, c 272, pt of §2; am L 1996, c 296, §3; am L 2007, c 270, §2; am L 2022, c 278, §17]
Haw. Rev. Stat. § 200-55 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-55
Effect of transfer of title.
Status: in_force

The transfer of title and interest by sale under this part is a transfer by operation of law; provided that a bill of sale executed by an authorized seller is satisfactory evidence authorizing the transfer of the title or interest.
Haw. Rev. Stat. § 196-63 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-63
Hawaii green infrastructure authority.
Status: reserved

There is established the Hawaii green infrastructure authority as an instrumentality of the State comprising five members. The director, the director of finance, and the chief energy officer of the Hawaii state energy office shall be members of the authority. The governor shall appoint the other two members, pursuant to section 26-34. The director shall be the chairperson of the authority. The authority shall be placed within the department for administrative purposes, pursuant to section 26-35 ; provided that until the authority is duly constituted , the d epartment may exercise all powers reserved to the authority and shall perform all responsibilities of the authority .
Haw. Rev. Stat. § 174C-8 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-8
Adoption of rules concerning water resources by the commission.
Status: in_force

The commission shall adopt and enforce such rules as may be necessary or convenient to administer this chapter. The initial set of rules, subject to later amendment, revisions, or additions, shall be adopted no later than two years after July 1, 1987. Rules shall be adopted in conformity with chapter 91.

Revision Note

"July 1, 1987" substituted for "the effective date of this chapter".
Haw. Rev. Stat. § 188-58 — HI Code / Division 1 / Title 12 / Chapter 188 / Section 188-58
REPEALED.
Status: in_force

L 1999, c 85, §§15, 17; L 2002, c 151, §1.
Haw. Rev. Stat. § 195-12 — HI Code / Division 1 / Title 12 / Chapter 195 / Section 195-12
Kaena point natural area reserve; vehicular access prohibited.
Status: in_force

(a) The use of any vehicle within or traversing the Kaena point natural area reserve is prohibited, except as provided in this section. Any violation of this section shall be subject to section 195-8.

(b) The department may adopt rules pursuant to chapter 91 to allow a limited number of persons vehicular access to the Kaena point natural area reserve for department-permitted fishing and camping activities.

(c) This prohibition shall not apply to:

(1) Vehicles operated by personnel or agents of the department of land and natural resources necessary for the management and maintenance of the Kaena point natural area reserve and its resources; and

(2) Emergency vehicles, including emergency medical ambulances, police department vehicles, and fire department vehicles.

(d) For purposes of this section, "vehicle" means every motorized device in, upon, or by which any person or property is or may be transported or drawn, including all-terrain vehicles and mopeds. [L 2006, c 89, §2]
Haw. Rev. Stat. § 183D-24 — HI Code / Division 1 / Title 12 / Chapter 183D / Section 183D-24
Duplicate licenses.
Status: in_force

Duplicate licenses may be issued upon application stating under oath that the original license has been lost or destroyed and upon payment of a fee of fifty per cent of the current cost of a resident license as provided in section 183D-22(b)(1).
Haw. Rev. Stat. § 179D-24 — HI Code / Division 1 / Title 12 / Chapter 179D / Section 179D-24
Emergency actions.
Status: in_force

(a) If, in the opinion of the department, conditions of any dam or reservoir are so dangerous to the health and safety of life or property as to not permit time for issuance and enforcement of an order relative to construction, modification, maintenance, or repair of the dam or reservoir, or the dam or reservoir is threatened by any large flood or other natural disaster, the department may immediately employ remedial measures necessary to protect life and property.

(b) The department shall provide coordination and assistance to the proper state or county agency or agencies to maintain control of any dam or reservoir that, pursuant to subsection (a), has been determined to be dangerous to life or property until the dam or reservoir is deemed safe, or until any emergency conditions that precipitated taking control of the dam or reservoir, pursuant to subsection (a), have been abated. The department may determine the proper time at which to relinquish control of the dam or reservoir.

(c) Any necessary and reasonable costs and expenses incurred by the department in fulfilling the duties mandated by subsections (a) and (b) in connection with a remedial or emergency action shall be recoverable by the department from the owner of any dangerous or threatened dam or reservoir.

(d) Any owner failing or refusing, after written notice has been given, to pay the reasonable costs and expenses incurred by the department pursuant to subsection (c) shall be, upon complaint by the department to the attorney general, subject to reasonable attorney fees incurred in the recovery of the costs and expenses.

(e) All moneys collected by the department pursuant to subsection (c) shall be credited to the dam and reservoir safety special fund created in section 179D-25.

(f) If a condition arises that in the opinion of the department may pose a danger to the health and safety of persons or property and sufficient time permits, the board may issue orders reciting the existence of the condition and require any actions the board deems necessary. Any person to whom an order is directed, may challenge the order, but shall immediately comply with the order, pending disposition of the person's challenge. The board shall give precedence to a hearing on the challenge over all other pending matters.

(g) The legislature finds and declares that emergency actions under this section are in the public interest and for the public health, safety, and general welfare of the State, and authorizes the board to take any necessary actions. [L 2007, c 262, pt of §1]
Haw. Rev. Stat. § 186-5 — HI Code / Division 1 / Title 12 / Chapter 186 / Section 186-5
Agreement with owner.
Status: in_force

Upon classification, the board shall be responsible for preparing, executing, and administering an agreement with the applicant and others having an interest in or encumbrance upon the tree farm property. The agreement shall be for a period of not less than twenty years but shall contain, inter alia, the following conditions:

(1) The agreement shall be canceled and terminated and the tree farm property shall thereby be declassified if, upon investigation, the board determines that the owner of the property is not complying with this chapter or the management plan;

(2) Any owner of tree farm property desiring to withdraw all or part of the property from the operations of this chapter may at any time make written application to the board;

(3) The owner shall develop and maintain trees of commercial species and other forest products as specified in the management plan.

The agreement shall also contain other terms and conditions deemed advisable by the board. [L 1963, c 141, §6; Supp, §87D-6; HRS §186-5; am L 1989, c 50, §4]
Haw. Rev. Stat. § 200D-3 — HI Code / Division 1 / Title 12 / Chapter 200D / Section 200D-3
Kaneohe Bay regional council; general powers, duties, and functions.
Status: in_force

The council shall have the following powers and duties and perform the following functions:

(1) Facilitate the implementation of the master plan as it relates to ocean use activities;

(2) Review and periodically amend the master plan as it relates to ocean use activities;

(3) Serve as a central coordinative clearinghouse of public and private activities in Kaneohe Bay, and as a repository and disseminator of information on the bay;

(4) Facilitate productive interaction between users of the bay and the general public in order to develop a common vision and make recommendations for public policy related to the bay;

(5) Recommend research, studies, data collection, and planning activities designed to provide additional information on Kaneohe Bay, with particular reference to the specific needs of the bay, and to publicize the results thereof, to the extent that these functions do not duplicate or supplant activities provided by other state or county agencies;

(6) Advise and make recommendations to the State and the county on matters regarding the use of Kaneohe Bay by the general public, marine research programs, and commercial ocean use activities, including legislative matters;

(7) Develop short- and long-term goals based on the master plan, resources, and programs for Kaneohe Bay;

(8) Educate the public and users of Kaneohe Bay on the problems and needs of the bay through public education programs;

(9) Serve as the public advocate for Kaneohe Bay;

(10) Initiate and maintain contact with public, private, county, and state organizations, agencies, and individuals engaging in activities in Kaneohe Bay;

(11) Establish a Kaneohe Bay fishing panel to monitor fishing activities in the bay, as recommended in the master plan as it relates to ocean use activities; and

(12) Hold quarterly meetings on the status of the implementation of the master plan. [L 1993, c 317, pt of §2, §7; am L 1998, c 4, §3 and c 129, §4; am L 2009, c 68, §1; am L 2010, c 19, §4; am L 2014, c 85, §2]
Haw. Rev. Stat. § 183B-2 — HI Code / Division 1 / Title 12 / Chapter 183B / Section 183B-2
Exemption from environmental impact statement law.
Status: in_force

The proposed reconstruction, restoration, repair, or use of any Hawaiian fishpond shall be exempt from the requirements of chapter 343; provided that it will comply with the following conditions:

(1) The fishpond is not adjacent to a sandy beach;

(2) The fishpond stocks only native aquatic organisms;

(3) The fishpond does not operate as an intensive culture system in which cultured organisms require frequent or periodic artificial feeding, artificial aeration of water, or artificial pumping of water through the fishponds for their growth and survival;

(4) Bulk chemicals are not added to the water for the control of pathogens or parasites;

(5) Coastal access is allowed to any person mauka of the fishpond and makai of walls;

(6) The fishpond and its operations do not harm any threatened or endangered species; and

(7) The fishpond is not used for water recreational purposes except those recreational activities customarily and traditionally practiced in Hawaiian fishponds prior to 1778. [L 1995, c 177, pt of §2]
Haw. Rev. Stat. § 200-16.5 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-16.5
Responsibility of vessel owner; evidence of unauthorized mooring.
Status: in_force

(a) In any proceeding for violation of any statute or rule relating to the mooring of vessels, evidence of ownership including:

(1) The state registration number;

(2) The documented name or number of a vessel; or

(3) Any other identifying name or number;

affixed to a vessel involved in the violation shall create a presumption that the owner of the vessel was the person who unlawfully moored or placed the vessel at the point where, and during the time when, the violation occurred.

(b) A vessel owner may present competent evidence that the vessel was sold, transferred, or stolen, or was moored or placed in accordance with prior written permission of the State or due to an emergency berthing condition to rebut the presumption established in subsection (a). [L 1996, c 188, §1]
Haw. Rev. Stat. § 195-1 — HI Code / Division 1 / Title 12 / Chapter 195 / Section 195-1
Findings and declaration of necessity.
Status: in_force

The legislature finds and declares that (1) the State of Hawaii possesses unique natural resources, such as geological and volcanological features and distinctive marine and terrestrial plants and animals, many of which occur nowhere else in the world, that are highly vulnerable to loss by the growth of population and technology; (2) these unique natural assets should be protected and preserved, both for the enjoyment of future generations, and to provide base lines against which changes which are being made in the environments of Hawaii can be measured; (3) in order to accomplish these purposes the present system of preserves, sanctuaries and refuges must be strengthened, and additional areas of land and shoreline suitable for preservation should be set aside and administered solely and specifically for the aforesaid purposes; and (4) that a statewide natural area reserves system should be established to preserve in perpetuity specific land and water areas which support communities, as relatively unmodified as possible, of the natural flora and fauna, as well as geological sites, of Hawaii.
Haw. Rev. Stat. § 171-36.2 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-36.2
Public lands for historic preservation and restoration.
Status: in_force

(a) Any law to the contrary notwithstanding, the board may lease public lands in the State for use in historic preservation and restoration projects:

(1) Through negotiations; and

(2) For a price which shall be determined by the board.

(b) The department shall adopt rules pursuant to chapter 91 to determine what constitutes historic preservation and restoration projects for the purposes of this section; provided that no definition or criteria established shall conflict with any federal, state, or county law.

(c) All subleases of land disposed of pursuant to this section shall be subject to the approval of the board. [L 1985, c 33, §2; am L 2002, c 114, §1]
Haw. Rev. Stat. § 171-63 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-63
Waiver of restrictions.
Status: in_force

(a) Use. Upon application by the owner and consent therefor having been given by each holder of record having a security interest, and after a finding that the public interest will be served thereby, the board of land and natural resources may amend or waive the conditions restricting the use of land contained in any agreement of sale, deed, or patent upon the condition that the grantee or patentee pay to the board the difference between the fair market value of the land based upon its restricted use and the fair market value with the restrictive condition amended or waived. The foregoing authority granted to the board shall not be construed to authorize the board to waive the condition contained in any agreement of sale, deed, or patent which provides that upon change in use or breach of a condition, the title automatically reverts back to the State, or the State shall have power of termination.

(b) Residential lots. In case of a residential lot, the board, subject to the consent of each holder of record having a security interest, may waive strict adherence to the use thereof for residential purposes, if the owner or lessee desires to utilize part of the land for agricultural purposes together with the owner's or lessee's residence, provided that the agricultural use is not inconsistent or contrary to local applicable health or zoning ordinances and upon the condition that the grantee or patentee pay to the board the difference between the fair market value of the land based upon its restricted use and the fair market value with the restrictive condition amended or waived. The foregoing authority granted to the board shall not be construed to authorize the board to waive the condition contained in any agreement of sale, deed, or patent which provides that upon change in use or breach of a condition, the title automatically reverts back to the State, or the State shall have power of termination. Anything in this chapter to the contrary notwithstanding, in case of a residential lot sold in fee simple:

(1) All restrictions relating to the use thereof shall expire ten years after the date of the issuance of the patent or deed by the State or fifteen years after the date of the sale by the State, whichever is sooner, provided that any change in use of the lot after the ten or fifteen years, as the case may be, shall be in accordance with applicable state and county zoning requirements; and

(2) Upon an application signed by all land owners in the subdivision, the board may waive any restrictive covenant upon the land, as long as the waiver shall not cause a violation of any state or county zoning requirements. [L 1962, c 32, pt of §2; Supp, §103A-59; am L 1967, c 234, §13; HRS §171-63; gen ch 1985; am L 1992, c 168, §1]
Haw. Rev. Stat. § 186-1 — HI Code / Division 1 / Title 12 / Chapter 186 / Section 186-1
Definitions.
Status: in_force

When used herein:

"Board" means the board of land and natural resources.

"Department" means the department of land and natural resources.

"Owner" shall include any person leasing the real property of another under a lease having a stated term of not less than thirty years.

"Stumpage value" means the value that a willing buyer will pay to a willing seller per thousand board feet for trees standing and uncut. This value shall not include logging costs. [L 1963, c 141, §2; Supp, §87D-2; HRS §186-1]

Revision Note

Numeric designations deleted and definitions rearranged.
Haw. Rev. Stat. § 183C-5 — HI Code / Division 1 / Title 12 / Chapter 183C / Section 183C-5
Nonconforming uses.
Status: in_force

Neither this chapter nor any rules adopted hereunder shall prohibit the continuance of the lawful use of any building, premises, or land for any trade, industrial, residential, or other purpose for which the building, premises, or land was used on October 1, 1964, or at the time any rule adopted under authority of this part takes effect. All such existing uses shall be nonconforming uses. Any land identified as a kuleana may be put to those uses which were historically, customarily, and actually found on the particular lot including, if applicable, the construction of a single family residence. Any structures may be subject to conditions to ensure they are consistent with the surrounding environment.
Haw. Rev. Stat. § 188-41 — HI Code / Division 1 / Title 12 / Chapter 188 / Section 188-41
REPEALED.
Status: in_force

L 1999, c 85, §§13, 17; L 2002, c 151, §1.
Haw. Rev. Stat. § 171-48 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-48
Residence lots, requirements.
Status: in_force

In the disposition of lots for residence purposes:

(1) No person shall purchase or lease, directly or indirectly through an agent, nominee, third person, or otherwise, any interest in more than one lot.

(2) No person and no unmarried minor child, whose spouse or parent purchases or leases a lot, shall be qualified to purchase or lease any lot.

(3) The board shall require the lessee or purchaser to construct, within three years after disposition, a dwelling of such size and value as shall be prescribed by the board and to use the lot and dwelling as the lessee's or purchaser's principal domicile; provided that the board may, for good and sufficient cause and to alleviate hardship, extend the building deadline for a period not exceeding two years, at six-month intervals based on a demonstration of the lessee's or purchaser's progress towards satisfying improvement requirements.

(4) The board shall establish such additional restrictions, requirements or conditions in accordance with the powers granted to it in section 171-6(6).

(5) No person shall be qualified to purchase or lease any lot by drawing if the person's gross income including the gross income of the person's spouse exceeds $20,000 per year. In determining gross income, the standard income tax exemption for each of the person's dependents, as determined by the income tax laws of the State, shall be allowed.

(6) No person shall be qualified to purchase or lease any lot who, or whose spouse, or both of them, owns or is a lessee, under a residential lease for a term exceeding twenty years (including any periods for which the lease may be extended or renewed at the option of the lessee), of any land situated within or without the State suitable for residential use. [L 1962, c 32, pt of §2; Supp, §103A-45; HRS §171-48; am L 1970, c 184, §2; am L 1972, c 37, §1; am L 1973, c 18, §1; am L 1977, c 49, §1; gen ch 1985]
Haw. Rev. Stat. § 183B-1 — HI Code / Division 1 / Title 12 / Chapter 183B / Section 183B-1
Definitions.
Status: in_force

As used in this chapter:

"Hawaiian fishponds" means the unique, traditional system and methodology of aquaculture practiced by the aboriginal people of Hawaii, and found nowhere else in the world. Generally referred to as "loko i`a", the system mastered by ancient Hawaiians includes but is not limited to loko kuapa, loko umeiki, and loko pu`uone. Loko i`a are natural or artificial enclosures; loko kuapa are enclosures built upon a reef, loko umeiki are a type of permanent fish-trap structure, and loko pu`uone are enclosed by sand. The term does not include any fishpond designed in a manner or constructed for purposes other than those associated with traditional loko i`a management and culture. [L 1995, c 177, pt of §2]
Haw. Rev. Stat. § 196-72 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-72
Chief energy officer of the Hawaii state energy office; duties.
Status: in_force

(a) The Hawaii state energy office shall be led by the chief energy officer, who shall be nominated and, by and with the advice and consent of the senate, appointed by the governor; provided that the term of the chief energy officer shall be coterminous with the term of the governor.

(b) The chief energy officer shall have:

(1) Experience, knowledge, and expertise in policy, programs, or services related to energy efficiency, renewable energy, clean transportation, and energy resiliency related activities and development; and

(2) Experience in a supervisory or administrative capacity.

(c) The chief energy officer shall hire staff necessary to carry out the purposes of this part. The chief energy officer and employees of the Hawaii state energy office shall be exempt from chapter 76 and shall not be considered civil service employees but shall be entitled to any employee benefit plan normally inuring to civil service employees.

(d) Subject to the approval of the governor, the chief energy officer shall:

(1) Formulate, analyze, recommend, and implement specific policies, strategies, and plans, in coordination with public and private sector stakeholders, to cost-effectively and equitably achieve the State's energy goals;

(2) Identify, track, and report key performance measures and milestones related to the State's energy and decarbonization goals;

(3) Provide technical assistance to state and county agencies to assess and implement projects and programs related to energy conservation and efficiency, renewable energy, clean transportation, energy resiliency, and related measures;

(4) Coordinate the State's energy programs with those of the federal government, other territory and state governments, the political subdivisions of the State, departments of the State, and governments of nations with interest in common energy resources;

(5) Identify market gaps and innovation opportunities, collaborate with stakeholders, and facilitate public-private partnerships to develop projects, programs, and tools to encourage private and public exploration, research, and development of energy resources, distributed energy resources, and data analytics that will support the State's energy and decarbonization goals;

(6) Create and review proposed state actions that may have a significant effect on the State's energy and decarbonization goals, report to the governor their effect on the energy program, and perform other services as may be required;

(7) Evaluate, recommend, and participate in the development of incentives and programs that encourage the development of energy efficiency, renewable energy, energy resiliency, distributed energy resources, and clean transportation resources;

(8) Assess and evaluate the effectiveness and continued necessity of existing energy related incentives, tax credits, and programs, and provide recommendations and proposed changes;

(9) Develop and maintain a comprehensive and systematic quantitative and qualitative capacity to analyze the status of energy resources, systems, and markets, both in-state and in other states and countries, particularly in relation to the State's economy, and to recommend, develop proposals for, and assess the effectiveness of policy and regulatory decisions, and energy emergency planning;

(10) Develop and recommend programs for, and assist public agencies in the implementation of, energy assurance and energy resilience;

(11) Support the development, evaluation, revision, and adoption of energy-related codes and standards that advance the State's energy goals;

(12) Act as the State's energy data clearinghouse by identifying, collecting, compiling, analyzing, publishing, and where possible, monetizing energy and clean transportation data and analyses;

(13) Advocate for the State's energy and decarbonization goals at relevant venues and departments, including but not limited to the public utilities commission, legislature, and division of consumer advocacy, to ensure that state energy policies and regulations align with the state strategic goals and are data-driven;

(14) Support economic development and innovation initiatives related to and resulting from the State's renewable energy and distributed energy resources experience, capabilities, and data analyses;

(15) Facilitate the efficient, expedited permitting of energy efficiency, renewable energy, clean transportation, and energy resiliency projects by:

(A) Coordinating and aligning state and county departments and agencies to support, expedite, and remove barriers to deployment of energy initiatives and projects; and

(B) Identify and evaluate conflicting or onerous policies and rules that unreasonably impede project development and deployment and propose regulatory, legislative, administrative, or other solutions to applicable stakeholders;

(16) Identify and recommend policies to align utility goals with those of ratepayers, including evaluating utility models that best support state energy goals;

(17) Prepare and submit an annual report and other reports as may be requested to the governor and to the legislature on the implementation of this part;

(18) Contract for services when required for the implementation of this part; and

(19) Adopt rules, pursuant to chapter 91, for the administration of this part. [L 2019, c 122, pt of §2]
Haw. Rev. Stat. § 174-20 — HI Code / Division 1 / Title 12 / Chapter 174 / Section 174-20
Furnishing domestic water.
Status: in_force

In conjunction with any project which it has established, and subject to pertinent provisions of law governing the supply, the board of land and natural resources may establish a system for and supply water for domestic purposes to residents within and in close proximity to the project. The system shall be established only if (1) the board determines that it would be advisable and in the public interest to provide the domestic supply; (2) its construction and operation by the board has been consented to by the board of water supply of the county in which the project is situated, and by a majority of the land occupiers within the project; and (3) if under normal conditions of water availability, the operation of the system will not prejudice or interfere with the supply of water to the land occupiers within the project. The board may also subject to the limitations previously set forth in this section, take over, improve, and operate any existing system for the supply of domestic water if requested so to do by the owners and operators of the system.
Haw. Rev. Stat. § 171-83 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-83
Costs of, and realization from, residential leasing.
Status: in_force

The board of land and natural resources is authorized to expend from the special land and development fund sufficient moneys to meet all costs of the planning, development, and subdivision of public lands for residential leasing, the sale of residential leases and otherwise to effectuate the purposes of this part, and all realizations from residential leases and the selling of any improvements purchased from lessees shall be paid into the fund.
Haw. Rev. Stat. § 171-155 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-155
Development of public coastal lands.
Status: in_force

On the lands subject to this part, the board may undertake appropriate development to generate revenues for beach restoration which is consistent with this chapter and chapters 183C and 205A and other applicable laws. These revenues shall be deposited in the beach restoration [special] fund. For purposes of this section, "development" includes:

(1) Any building or mining operation;

(2) Any material change in use, intensity of use, or appearance of any structure or land, fast or submerged; or

(3) The division of land into two or more parcels. [L 1999, c 84, pt of §2]
Haw. Rev. Stat. § 183D-8 — HI Code / Division 1 / Title 12 / Chapter 183D / Section 183D-8
Cooperation with other governmental authorities.
Status: in_force

The department shall endeavor to secure the cooperation and assistance of and shall cooperate with the appropriate agency of the United States, or other governmental authorities having an interest in the subject matter of this chapter, in every way possible, for the promotion of the purposes of this chapter. More specifically the department may permit the appropriate agency of the United States to occupy any land or building and use any appliance, apparatus, or property held or controlled by the department, either independently or in conjunction with the department, upon such terms and conditions as the department and the agency may mutually agree.
Haw. Rev. Stat. § 198D-6 — HI Code / Division 1 / Title 12 / Chapter 198D / Section 198D-6
Regulation of use of trails and accesses.
Status: in_force

The department, by rule adopted in accordance with chapter 91, may regulate the use of trails and accesses under the department's jurisdiction. Regulation of the use of trails and accesses shall be established for the following purposes:

(1) To preserve the integrity, condition, naturalness, or beauty of the trails or accesses;

(2) To protect the public safety; or

(3) To restrict or regulate public access to protected or endangered wildlife habitats, except for scientific or educational purposes. [L 1988, c 236, pt of §2; am L 1990, c 53, §1(4)]
Haw. Rev. Stat. § 189-15 — HI Code / Division 1 / Title 12 / Chapter 189 / Section 189-15
Authority.
Status: in_force

The department of land and natural resources may promulgate and enforce rules concerning the use of fish aggregation devices deployed under the Statewide Fish Aggregating System. The rules may include provisions that prohibit attaching, mooring, or tying any boat or other watercraft to the fish aggregating devices, or boarding, defacing, damaging, removing or destroying such devices; provided that the department may engage in such activities as deemed necessary to enhance the fish aggregating system.
Haw. Rev. Stat. § 196-32 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-32
[ §196-32] Utility bills and energy usage data; state-owned facilities.
Status: in_force

[ §196-32] Utility bills and energy usage data; state-owned facilities. The Hawaii state energy office shall collect all utility bill and energy usage data for state-owned facilities monthly and shall make this information available in a publicly accessible format.
Haw. Rev. Stat. § 181-4 — HI Code / Division 1 / Title 12 / Chapter 181 / Section 181-4
Application for permit; fee.
Status: in_force

(a) Any operator desiring to engage in strip mining shall make written application to the board of land and natural resources for a permit. Application for the permit shall be made upon the form furnished by the board, which form shall require a description of the pit with such particularity as the board may require, the approximate number of acres of mineral land that will be mined annually, the approximate date upon which mining operations shall commence and such other information as the board may require. The application shall be accompanied by an annual fee determined by the number of acres to be stripped in one year, as follows:

Less than ten acres................................... $100

Ten to twenty-four acres............................... 200

Twenty-five to forty-nine acres........................ 300

Fifty to ninety-nine acres............................. 400

One hundred acres..................................... 500

The application together with the proper fee shall also be accompanied by a bond meeting the requirements of section 181-5.

Upon receipt of the application, fee, and bond, the board shall issue a permit to the applicant which, upon the applicant's filing the plan required by subsection (a) of section 181-6 shall entitle the applicant for a period of one year next following to engage in strip mining of the land identified in the application in the manner and subject to the provisions set forth in the plan. The board shall refuse to issue a permit if the application is not in proper form or is not accompanied by the correct amount of the fee or if the bond does not meet the requirements of section 181-5.

(b) Each permit shall be renewed each year by the board upon receipt by it of the required annual fee and the filing of the bond required by section 181-5. The permit, whether originally issued or renewed, shall remain in effect until terminated through lapse of time, or suspended, revoked, or canceled by the board following a hearing as provided in subsection (b) of section 181-7, for failure of the operator to comply with the terms thereof or the requirements of this chapter. [L 1957, c 161, §5; am L 1959, c 20, §4; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; Supp, §98C-5; HRS §181-4; gen ch 1985]
Haw. Rev. Stat. § 194-1 — HI Code / Division 1 / Title 12 / Chapter 194 / Section 194-1
Definitions.
Status: in_force

[§194-1 Definitions.] As used in this [chapter], unless the context requires otherwise:

"Council" means the [invasive species council].

"Department" means any entity that is a member of the [invasive species council] established under section [194-2(a)]. [L 2003, c 85, §2; am L 2004, c 10, §16; am L 2006, c 109, §2]
Haw. Rev. Stat. § 198-3 — HI Code / Division 1 / Title 12 / Chapter 198 / Section 198-3
Holders.
Status: in_force

Any public body and any organization which qualifies for and holds an income tax exemption under section 501(c) of the federal Internal Revenue Code of 1954, as amended, and whose organizational purposes are designed to facilitate the purposes of this chapter, may acquire and hold conservation easements by purchase, agreement, donation, devise, or bequest, but not by eminent domain.
Haw. Rev. Stat. § 196-12 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-12
§§196-12 to 196-17 REPEALED.
Status: repealed

§§196-12 to 196-17 REPEALED. L 2006, c 96, §§15 to 20.
Haw. Rev. Stat. § 171-34 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-34
Planning; intensive agricultural and pasture uses.
Status: in_force

In addition to the requirements set forth in section 171-33, if the intended disposition is for intensive agricultural or pasture uses, the board of land and natural resources shall:

(1) Make or cause to be made an on-the-ground inspection of the land;

(2) Secure data or information from the land study bureau relating to such parcel;

(3) Review any other pertinent information with respect to the land and the surrounding area; and

(4) Based upon information obtained, prepare a written report on the land, which report shall include the following:

(A) The class of the land within the specific use for which disposition is intended;

(B) The condition of the land with respect to its state of development;

(C) Existing improvements, if any;

(D) Extent of uncontrolled erosion if any;

(E) Nature of forage; and

(F) Extent of infestation with noxious weeds. [L 1962, c 32, pt of §2; Supp, §103A-34; HRS §171-34]
Haw. Rev. Stat. § 200-2.5 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-2.5
Disposition of state boating facility properties.
Status: in_force

(a) Notwithstanding any law to the contrary, the board may lease fast lands and submerged lands within an existing state boating facility by public auction, a request for proposals, or by direct negotiation pursuant to section 171-59 and chapter 190D, for private development, management, and operation; provided that any lease of fast lands or submerged lands pursuant to a request for proposals shall be subject to section 200-2.6, regardless to which state boating facility the fast or submerged lands are attached.

As used in this section, the term "state boating facility" means a state small boat harbor, launching ramp, offshore mooring, pier, wharf, landing, or any other area under the jurisdiction of the department pursuant to this chapter.

(b) The permissible uses under any lease disposed of under this section shall be consistent with the purpose for which the land was set aside by the governor pursuant to section 171-11. Permissible uses may include any use that will complement or support the ocean-recreation or maritime activities of state boating facilities.

(c) Disposition of public lands of state boating facilities constructed, maintained, and operated in accordance with this chapter shall not exceed a maximum term of sixty-five years.

(d) All revenues due to the State derived from leases of state boating facilities shall be deposited in the boating special fund.

(e) The department shall adopt rules in accordance with chapter 91 to implement this section. [L 2001, c 299, §2; am L 2011, c 197, § 4]
Haw. Rev. Stat. § 187A-22 — HI Code / Division 1 / Title 12 / Chapter 187A / Section 187A-22
Use of adjoining lands.
Status: in_force

No person who has bought any government land, or obtains the land by lease or other title, has or shall have greater right than any other person over any fishing ground not included in the title, although adjacent to the land.
Haw. Rev. Stat. § 171-136 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-136
Disposition of public lands within industrial park.
Status: in_force

The board shall dispose of economic units within an industrial park only by lease to eligible lessees or lessees engaged in commercial uses as provided under paragraph (1)(B). The leases shall be issued by the board in accordance with this chapter, subject to the following:

(1) Only industrial uses shall be allowed on the public lands leased; provided that:

(A) The eligible lessee may be allowed to engage in nonindustrial uses and activities ancillary and necessary to the eligible lessee's industrial use; and

(B) The board may lease public lands within the industrial park for commercial uses if the uses are necessary or desirable to serve other lessees in the industrial park or their employees;

(2) Each eligible lessee shall be subject to a development plan formulated pursuant to section 171-41 and make the improvements to the leased public lands required under the development plan; and

(3) Each eligible lessee shall pay all assessments for improvements of infrastructure or other public or common facilities within the industrial park, if the board requires the improvements or assessments as conditions of the lease. [L 1988, c 361, pt of §1; am L 1991, c 173, §3]
Haw. Rev. Stat. § 188-38 — HI Code / Division 1 / Title 12 / Chapter 188 / Section 188-38
§§188-38 and 188-39 REPEALED.
Status: repealed

§§188-38 and 188-39 REPEALED. L 1981, c 85, §§47, 48.
Haw. Rev. Stat. § 188-42.5 — HI Code / Division 1 / Title 12 / Chapter 188 / Section 188-42.5
Hihiwai, hapawai, and opae kala ` ole selling prohibited.
Status: in_force

It shall be unlawful for any person at any time to sell or offer for sale any hihiwai, hapawai, and opae kala`ole taken from any of the waters within the jurisdiction of the State.
Haw. Rev. Stat. § 184-2 — HI Code / Division 1 / Title 12 / Chapter 184 / Section 184-2
State park system.
Status: in_force

The department of land and natural resources may designate and bring under its control and management, as parts of the state park system, parks and parkways as follows:

(1) Government owned land within the state forest reserves or otherwise under the jurisdiction of the department may be set aside as a state park or parkway by resolution of the department, subject to the approval of the governor by executive order setting the land aside for such purposes; provided that no lands within the state forest reserve areas that are the watersheds from which the domestic water supply of any city, town or community is or may be obtained shall be so set aside without the prior approval of the state department of health and the prior approval of the board of water supply or county council.

(2) County parks may be acquired for the state park system by consent of the council of the county, if such council and the department agree that the park is of such interest and importance to the people of the whole State as to make such action appropriate.

(3) New parks and parkways may be established:

(A) By acquisition of property in the name of the State, as the department may deem necessary or proper for the development, extension, or improvement of the state park system, and as provided in section 184-3.

(B) By the setting aside of government owned land for such purposes by the governor, as provided by law. [L 1949, c 185, pt of §1; RL 1955, §19-33; am L Sp 1959 2d, c 1, §§19, 21; am L 1961, c 132, §2; HRS §184-2]

Revision Note

References to board of supervisors deleted to conform to county charters.
Haw. Rev. Stat. § 171-137 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-137
Preference.
Status: in_force

Preference for a lease of public lands within an industrial park shall be given to an eligible lessee who is a small business. For the purpose of this section, "small business" means the same as "small business concern" under section 210-1.
Haw. Rev. Stat. § 200-24 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-24
Rules.
Status: in_force

The department shall adopt rules pursuant to chapter 91 to implement the policy and purpose of this part, and to classify vessels into appropriate categories and classes.

The department shall adopt rules pursuant to chapter 91 with respect to the following:

(1) The registration and numbering of vessels;

(2) The operation, use, and equipment of vessels on or in the waters of the State;

(3) The conduct of persons involved in boating accidents and in the reporting of accidents and other casualties and losses to the department;

(4) The designation of areas of the waters of the State and time periods during which thrill craft may be operated, and waters on or above which, and time periods during which, persons may engage in parasailing, commercial high speed boating, and water sledding; provided that in designating the areas, the department shall use the official recommendation of the National Marine Fisheries Service with regard to the protection of protected marine life and habitats in adopting rules to implement this section, except as otherwise provided by law; and

(5) Procedures for a law enforcement officer to issue subpoenas or take custody of property pursuant to section 200-39(g). [L 1991, c 272, pt of §2; am L 2023, c 232, §2]
Haw. Rev. Stat. § 198D-12 — HI Code / Division 1 / Title 12 / Chapter 198D / Section 198D-12
General administrative penalties.
Status: in_force

(a) Except as otherwise provided by law, the board or its authorized representative by proper delegation may set, charge, and collect administrative fines or bring legal action to recover administrative fees and costs as documented by receipts or affidavit, including attorneys' fees and costs; or bring legal action to recover administrative fines, fees, and costs, including attorneys' fees and costs, or payment for damages or for the cost to correct damages resulting from a violation of this chapter or any rule adopted pursuant to this chapter. The administrative fines shall be as follows:

(1) For a first violation, a fine of not more than $2,500;

(2) For a second violation within five years of a previous violation, a fine of not more than $5,000; and

(3) For a third or subsequent violation within five years of the last violation, a fine of not more than $10,000.

(b) Any criminal action against a person for any violation of this chapter or any rule adopted pursuant to this chapter shall not be deemed to preclude the State from pursuing civil legal action to recover administrative fines and costs against that person. Any civil legal action against a person to recover administrative fines and costs for any violation of this chapter or any rule adopted pursuant to this chapter shall not be deemed to preclude the State from pursuing any criminal action against that person. [L 2001, c 34, pt of §1]
Haw. Rev. Stat. § 179D-25 — HI Code / Division 1 / Title 12 / Chapter 179D / Section 179D-25
Establishment of dam and reservoir safety special fund.
Status: in_force

(a) There is established in the department a special fund, to be designated the dam and reservoir safety special fund. The fund shall be administered by the board. The following shall be deposited into the dam and reservoir safety special fund:

(1) Appropriations by the legislature;

(2) All fees and administrative charges collected under this chapter or any rule adopted thereunder;

(3) Moneys collected as fines or penalties imposed under this chapter or any rule adopted thereunder;

(4) Moneys derived from public or private sources to benefit dam and reservoir safety;

(5) Moneys collected in full or partial satisfaction of liens created under this chapter;

(6) Any moneys collected from the sale of retail items by the department relating to dam and reservoir safety;

(7) Any other moneys collected pursuant to this chapter or any rules adopted thereunder; and

(8) Moneys derived from interest, dividends, or other income from other sources.

(b) The board may expend moneys from the dam and reservoir safety special fund for:

(1) Conducting investigations, research, and the collection of data, including technological advances made in dam and reservoir safety practices elsewhere;

(2) Conducting investigations, monitoring, and inspection programs and activities, and enforcement;

(3) Preparing and disseminating information to the public concerning activities authorized under this chapter;

(4) Training and providing educational activities for department staff and dam and reservoir owners;

(5) Employing any necessary remedial measures to protect persons and property in accordance with this chapter;

(6) The costs and expenses of the coordination, assistance, control, regulation, abatement, and inspection provided by this chapter; and

(7) Other purposes for the administration of the dam and reservoir safety program under this chapter or any rule adopted thereunder, including but not limited to funding permanent or temporary positions that may be appointed without regard to chapter 76.

The board shall provide coordination and assistance to the proper state or county agency or agencies to control any dam, reservoir, and appurtenances subject to section 179D-24 until they have been rendered safe or the emergency has terminated.

(c) Moneys on balance in the dam and reservoir safety special fund at the close of each fiscal year shall remain in that fund and shall not be transferred or lapsed to the credit of the general fund. [L 2007, c 262, pt of §1]
Haw. Rev. Stat. § 193-22 — HI Code / Division 1 / Title 12 / Chapter 193 / Section 193-22
Administration.
Status: in_force

To carry out the program authorized by this part, the governor may:

(1) Enter into an agreement or agreements, or designate the department of labor and industrial relations, or any department or departments of the state government as the state agency or state agencies to enter into an agreement or agreements, with the proper authorities of the United States;

(2) Designate the department of labor and industrial relations, or any department or departments of the state government to design programs which would permit or contribute to a public undertaking or service that would not otherwise be provided, in order to provide useful work experience opportunities for unemployed youths so that their employability may be increased through the use of the local area youth employment programs authorized by federal law, in accordance with the provisions of the applicable federal law; the designated department or departments may also make appropriate rules and regulations to carry out the programs so designed; and

(3) Defray one-half of all costs incurred with respect to the programs, or any other proportion of the costs of the programs which may be required by the applicable laws of the United States out of any moneys appropriated to any department or departments which may be designated by the governor to participate in the programs, without regard to the original purpose of the appropriations. [L 1963, c 74, §10; Supp, §98N-23; HRS §193-22]
Haw. Rev. Stat. § 200-53 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-53
Sale or disposition of vessel.
Status: in_force

When a vessel is abandoned, the owner of the vessel repair business or private marina, or the owner's authorized representative; the designated representative of the yacht club; or the owner of other private property, after one public advertisement in a newspaper of general circulation in the State, may negotiate a sale of the vessel or dispose of it; provided that the vessel shall not be sold or disposed of less than five calendar days after the publication of the advertisement. Upon the sale or disposal of the vessel under this part, the owner of the vessel repair business or private marina, or the owner's authorized representative; the designated representative of the yacht club; or the owner of other private property, shall file an affidavit with the department stating to whom the vessel was sold or, if the vessel was not sold, the manner in which the vessel was disposed of pursuant to this part.
Haw. Rev. Stat. § 200-37 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-37
Operation of thrill craft; parasailing; water sledding; commercial high speed boating.
Status: in_force

(a) No person shall operate a thrill craft unless the person is fifteen years of age or older.

(b) The department shall adopt rules to designate areas where, and time periods during which, thrill craft may be operated and parasailing, water sledding, and commercial high speed boating may be engaged in.

(c) No person shall operate a thrill craft in the waters of the State, except:

(1) In areas and during time periods designated by the department;

(2) Through areas designated by the department to serve as avenues for the ingress and egress of thrill craft between the areas designated under paragraph (1) and the shore;

(3) Authorized government personnel conducting operations approved by the department;

(4) Authorized film production permit holders conducting operations approved by the department; or

(5) When used to conduct ocean cleanup, as authorized by rules adopted by the department.

To the extent that the authorization to operate thrill craft pursuant to this subsection is inconsistent with any other law, including section 200-38, this subsection shall control.

(d) No person shall:

(1) Engage in parasailing; or

(2) Operate a motorized vessel towing a person engaged in parasailing;

on or above the waters of the State, except on or above areas and during time periods designated by the department.

(e) No person shall:

(1) Engage in water sledding; or

(2) Operate a motorized vessel towing a person engaged in water sledding;

in the waters of the State, except in areas and during time periods designated by the department.

(f) No person shall engage in commercial high speed boating or operate an open power boat capable of exceeding forty miles per hour for commercial high speed boating purposes in the waters of the State, except:

(1) In areas, along routes, and during time periods designated by the department; and

(2) In accordance with a permit issued by the department.

(g) During all weekends and state and federal holidays, no commercial operator shall operate a thrill craft, or engage in parasailing, water sledding, or commercial high speed boating, or operate a motor vessel towing a person engaged in water sledding or parasailing in Maunalua Bay on Oahu as provided for in section 200-38.

(h) On Sundays, all commercial ocean recreation activities, including those listed in this section, shall be prohibited on Oahu in Maunalua Bay as provided for in section 200-38.

(i) Between December 15 and May 15 of each year, no person shall operate a thrill craft, or engage in parasailing, water sledding, or commercial high speed boating, or operate a motor vessel towing a person engaged in water sledding or parasailing on the west and south shore of Maui as provided in section 200-38.

(j) All commercial use and operator permits issued by the department for commercial thrill craft, and parasailing activities shall be fully transferable upon the payment of a business transfer fee in an amount determined by the department, which shall be no greater than six per cent of the transfer price; provided that no more than one transfer every two years shall be authorized with respect to any given permit, except transfers between family members for the purpose of business reorganization.

(k) The department may immediately revoke a commercial use permit without a hearing for any activity that endangers or may endanger the health or safety of passengers or the public, and may suspend or revoke a commercial use permit for violation of any rules of the department if, after seventy-two hours notice by the department of the violation, the permit holder fails to cure the violation; provided that the permit holder shall have ten days from receipt of the notice of suspension or revocation to request in writing an administrative hearing. The administrative hearing is solely for the purpose of allowing the permit holder to contest the basis for the suspension or revocation of the permit. The hearing shall be held within five working days of the department's receipt of the written request. The chairperson shall adopt rules pursuant to chapter 91 to implement the procedures governing the administrative hearing process. Within ten days after the conclusion of the hearing, the department shall either:

(1) Lift the suspension;

(2) Suspend the permit for a period of not longer than one year; or

(3) Revoke the permit.

(l) All new commercial use and operator permits issued by the department for commercial thrill craft and parasailing activities after June 18, 1996 shall be issued at public auction.

(m) Each commercial use and operator permit issued by the department for commercial thrill craft and parasailing activities shall be valid for one year from the date of issuance and shall be renewed by the department for additional one-year periods; provided that the permit holder meets the following conditions:

(1) The permit holder shall be in compliance with all applicable rules of the department;

(2) The permit holder shall have timely filed and paid all applicable state taxes during the year; and

(3) The permit holder shall have a good safety record regarding the operation of a commercial thrill craft, or parasailing activity.

(n) All commercial use and operator permits issued by the department for commercial thrill craft, and parasailing activities shall be subject to an annual review by the department which shall include but not be limited to:

(1) The permit holder's compliance with applicable rules of the department;

(2) The permit holder's timely filing and payment of all applicable state taxes during the year; and

(3) The permit holder's safety record regarding the operation of a commercial thrill craft, or parasailing activity.

(o) The department shall adopt rules to encourage water safety education and programs with respect to thrill craft, or parasailing activities. [L 1991, c 272, pt of §2; am L 1993, c 317, §§3(2), 7; am L 1995, c 140, §2; am L 1996, c 258, §1; am L 1998, c 4, §3 and c 129, §1; am L 2009, c 89, §§2, 5; am L 2013, c 118, §1; am L 2014, c 21, §§1, 2]
Haw. Rev. Stat. § 196-1.5 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-1.5
Priority permitting process for renewable energy projects.
Status: in_force

[§196-1.5 Priority permitting process for renewable energy projects.] All agencies shall provide priority handling and processing for all state permits required for renewable energy projects.

For purposes of this section, "agencies" means any executive department, independent commission, board, bureau, office, or other establishment of the State, or any quasi-public institution that is supported in whole or in part by state funds. [L 2007, c 205, §3]
Haw. Rev. Stat. § 200-48 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-48
Derelict vessel.
Status: in_force

A vessel which has been left unattended for a continuous period of more than twenty-four hours is a derelict if:

(1) The vessel is sunk or in immediate danger of sinking, is obstructing a waterway, or is endangering life or property; or

(2) The vessel has been moored or otherwise left in the waters of the State or on public property contrary to law, or rules having the force and effect of law, or the vessel has been left on private property without authorization of the owner or occupant of the property and if:

(A) The vessel's registration certificate or marine document has expired and the registered owner no longer resided at the address listed in the vessel registration or marine document records of the department or the United States Coast Guard;

(B) The last registered owner of record disclaims ownership and the current owner's name or address cannot be determined;

(C) The vessel identification numbers and other means of identification have been removed so as to hinder or nullify efforts to locate or identify the owner; or

(D) The vessel registration records of the department and the marine document records of the United States Coast Guard contain no record that the vessel has ever been registered or documented and the owner's name or address cannot be determined. [L 1991, c 272, pt of §2]
Haw. Rev. Stat. § 200-8 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-8
Boating program; payment of costs.
Status: in_force

The cost of administering a comprehensive statewide boating program, including but not limited to the cost of:

(1) Operating, maintaining, and managing all boating facilities under the control of the department;

(2) Improving boating safety;

(3) Operating a vessel registration and boating casualty investigation and reporting system;

(4) Other boating program activities; and

(5) Planning, developing, managing, operating, or maintaining of all lands and improvements under the control and management of the board, including but not limited to permanent or temporary staff positions who may be appointed without regard to chapter 76,

shall be paid from the boating special fund; provided that any fees collected within small boat harbors shall be expended only for costs related to the operation, upkeep, maintenance, and improvement of the small boat harbors. The amortization (principal and interest) of the costs of capital improvements for boating facilities appropriated after July 1, 1975, including but not limited to berths, slips, ramps, related accommodations, general navigation channels, breakwaters, aids to navigation, and other harbor structures, may be paid from the boating special fund or from general revenues as the legislature may authorize in each situation. Revenues provided in this chapter for the boating special fund shall be at least sufficient to pay the special fund costs established in this section. [L 1991, c 272, pt of §2; am L 2011, c 197, § 5 ; am L 2015, c 96, §2 ]
Haw. Rev. Stat. § 200-62 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-62
Trespass to vessel; penalty.
Status: in_force

Whoever, without right, boards or remains in or upon any vessel of another within the waters of the State shall be guilty of a misdemeanor.
Haw. Rev. Stat. § 171-15 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-15
Drawing.
Status: in_force

Whenever public lands are to be sold or leased by drawing, the board of land and natural resources shall notify by publication of applications for the drawing as provided in section 171-16 with such details concerning the drawing as it shall deem necessary and desirable. Applications to participate in the drawing must be filed with the board within two weeks after the last publication date. Within forty-five days after the closing date for applications, the board shall screen the qualifications of the applicants, select those qualified to participate, notify all applicants of the selection and conduct a drawing. The date of the drawing shall be published as set forth in section 171-16. The award shall be made within one week and all applicants shall be notified of the result of the drawing. The lease or patent shall be issued within ninety days after the drawing or when conditions of sale are fulfilled.
Haw. Rev. Stat. § 196-5 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-5
Gas appliances with pilot light prohibited; exemptions.
Status: in_force

(a) No new residential type gas appliance that is equipped with a pilot light shall be sold or installed in the State after June 30, 1980. Gas appliances sold after June 30, 1980, shall be equipped with an intermittent ignition system or other ignition devices in lieu of gas pilot lights.

(b) Beginning ninety days after May 30, 1978, the chief energy officer of the Hawaii state energy office or its successor entity shall notify, in writing, all retail sellers of gas appliances doing business in the State of the provisions of this section.

(c) The provisions of this section shall not apply to any hot water heaters with pilot lights or to any gas appliance which can be conclusively demonstrated by the equipment manufacturer, to the satisfaction of the chief energy officer of the Hawaii state energy office or its successor entity, that the gas pilot device in the appliance:

(1) Has a substantial lower life cycle cost than an electric ignition or other alternate ignition system;

(2) Is more energy efficient than available alternatives; or

(3) Is necessary to safeguard public health and safety.

(d) The provisions of this section shall not apply to people living in areas that are served with unreliable electric service or where it is not available.

(e) As used in this section:

(1) "Gas appliance" includes any new residential type heater, refrigerator, stove, range, dishwasher, dryer, air conditioner, decorative fireplace, or other similar devices;

(2) "Intermittent ignition device" means an ignition device which is activated only when the gas appliance is in operation; and

(3) "Pilot light" means any gas operated device that remains continually operated or lighted in order to ignite a gas appliance to normal operation. [L 1978, c 137, §2; am L 2019, c 122, §3]

Revision Note

"May 30, 1978" substituted for "the effective date of this Act".
Haw. Rev. Stat. § 184-7 — HI Code / Division 1 / Title 12 / Chapter 184 / Section 184-7
County contributions.
Status: in_force

Any county may donate, grant, convey, lease upon a nominal consideration or appropriate land, money or other property for the development, improvement, extension, operation, or maintenance of the state park system by the department of land and natural resources as provided in this part.
Haw. Rev. Stat. § 200D-1 — HI Code / Division 1 / Title 12 / Chapter 200D / Section 200D-1
Definitions.
Status: in_force

As used in this chapter, unless the context clearly requires otherwise:

"Council" means the Kaneohe Bay regional council.

"Lead agency" means the department of land and natural resources.

"Master plan" means the Kaneohe Bay master plan developed pursuant to Act 208, Session Laws of Hawaii 1990, and amended by section 200D-3.

"Members" means the members of the Kaneohe Bay regional council. [L 1993, c 317, pt of §2, §7; am L 1998, c 4, §3 and c 129, §3; am L 2009, c 68, §1; am L 2010, c 19, §4]
Haw. Rev. Stat. § 174C-32 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-32
Coordination.
Status: in_force

(a) Respective portions of the water resource protection and water quality plans, and the water use and development plans of each county, shall be developed together to achieve maximum coordination.

(b) The development of the Hawaii water plan or any portion thereof shall proceed in coordination with and with attention to the Hawaii state plan described in chapter 226.

(c) The Hawaii water plan and its constituent parts, except for the water quality plan, shall be adopted by the commission not later than three years from July 1, 1987. The commission shall receive the water quality plan from the department of health and incorporate this part in the Hawaii water plan. [L 1987, c 45, pt of §2; am L 1999, c 197, §3]

Revision Note

"July 1, 1987" substituted for "the effective date of this chapter".
Haw. Rev. Stat. § 174-21 — HI Code / Division 1 / Title 12 / Chapter 174 / Section 174-21
Repayment of certain state advances.
Status: in_force

Whenever under legislative authorization, past, present or future, general obligation bonds of the State are issued or the proceeds of general obligation bonds of the State are used, by way of advancement, for the establishment and construction of any specific project under the jurisdiction of the board of land and natural resources in its water program, the board may repay the same to the director of finance, upon the expiration of ten years from the time of initial service to the project, which ten-year term shall be the development period, as repayment on account of the advancement. Such payments shall be made over the period of the next succeeding forty years after the termination of the development period, the total of which payments shall be sufficient to reimburse the State for redemption of the bonds together with interest paid by the State in respect of the same.

The foregoing method of repayment of advances shall be effective for each phase of any multi-phase project, the amortization period for the advancement commencing ten years from the time that facilities to provide service for each new project phase are put into operation.

In the event that changing use of the land in a project substantially increases revenues, or other circumstances make it reasonably possible or desirable for the board to accelerate the amortization of advances it shall be permitted to do so. [L 1961, c 166, pt of §3; am L 1963, c 114, §1; Supp, §86-20; HRS §174-21; am L 1987, c 306, §14]
Haw. Rev. Stat. § 198D-7 — HI Code / Division 1 / Title 12 / Chapter 198D / Section 198D-7
Examination of legal issues.
Status: in_force

The department, in consultation with the attorney general, shall examine legal issues relating to trails and accesses. The legal issues examined shall include:

(1) Theories, options, and doctrines by which trails and accesses may be placed into or retained in public use;

(2) The validity and feasibility of dedication requirements to obtain public use of trails and accesses;

(3) The extent of liability exposure of the State, counties, and private landowners when allowing trails and accesses under their respective jurisdictions to be used by the general public; and

(4) Strategies to reduce or limit the liability exposure of the State, counties, and private landowners in order to promote public use of trails and accesses under their respective jurisdictions which are closed to the general public. [L 1988, c 236, pt of §2]
Haw. Rev. Stat. § 195D-3 — HI Code / Division 1 / Title 12 / Chapter 195D / Section 195D-3
Determination by the department relating to conservation of particular species.
Status: in_force

(a) The department is authorized to conduct investigations on any species of aquatic life, wildlife, and land plants in order to develop information relating to their biology, ecology, population, status, distribution, habitat needs, and other limiting factors to determine conservation measures necessary for their continued ability to sustain themselves successfully.

(b) The department is authorized to adopt pursuant to chapter 91, rules relating to the taking, possession, transportation, transplantation, importation, exportation, processing, selling, offering for sale, or shipment of any species of aquatic life, wildlife, and land plant for the purpose of conserving the same.

(c) Except as permitted by rules adopted by the department, it shall be unlawful for any person to take, possess, transport, transplant, export, process, sell, offer for sale, or ship any species of aquatic life, wildlife, or land plants deemed by the department to be in need of conservation pursuant to this section. [L 1975, c 65, pt of §1; am L 1983, c 111, §4; am L 1988, c 68, §1]
Haw. Rev. Stat. § 189-7 — HI Code / Division 1 / Title 12 / Chapter 189 / Section 189-7
§§189-7 to 189-9 REPEALED.
Status: repealed

§§189-7 to 189-9 REPEALED. L 1971, c 58, §2.
Haw. Rev. Stat. § 179D-31 — HI Code / Division 1 / Title 12 / Chapter 179D / Section 179D-31
Dam and appurtenance improvement or removal grant program; special fund; established.
Status: in_force

(a) There is established a dam and appurtenance improvement or removal grant program, to be developed and administered by the department for the improvement or removal of deficient dams in the State.

(b) The dam and appurtenance improvement or removal grant program shall provide funding to owners of private dams for plans, design, construction, and equipment to improve or remove deficient dams and appurtenances, as determined by the department.

(c) Each award shall be approved by the board before disbursement and shall be subject to conditions imposed by the board.

(d) The department may award grants based on criteria that shall be developed by the department. Each applicant shall meet the following requirements:

(1) The applicant shall be an owner of a high hazard or significant hazard dam or appurtenance that is regulated under this chapter;

(2) The applicant shall be the owner of a regulated dam or appurtenance that has been determined to have one or more deficiencies; provided that priority shall be given to dams or appurtenances rated to be in poor or unsatisfactory condition;

(3) The applicant shall indicate on the application that the proposed plans, design, construction, and equipment shall be intended for remediation or removal of the dam or appurtenance;

(4) If the applicant is an entity other than an individual, the applicant shall:

(A) Be licensed to conduct business in the State; and

(B) Have bylaws or policies that describe the manner in which business is conducted, prohibit nepotism, and provide for the management of potential conflicts of interest;

(5) The applicant shall agree to comply with all applicable federal and state laws prohibiting discrimination against any person on the basis of race, color, national origin, religion, creed, sex, age, sexual orientation, disability, or any other characteristic protected under applicable federal or state law;

(6) The applicant shall agree that grant moneys are not to be used for purposes of entertainment or perquisites;

(7) The applicant shall agree that all activities and improvements undertaken with funds received shall comply with applicable federal, state, and county laws, including statutes, ordinances, applicable building codes, and rules;

(8) The applicant shall agree to make available to the department all records that the applicant may have relating to the grant and allow state agencies to monitor the applicant's compliance with the purpose of this chapter;

(9) The applicant shall establish, to the satisfaction of the department, that sufficient funds are available for the completion of plans, design, and construction, or equipment needed for the purpose for which the grant is awarded; provided that the grant amount shall be included among the calculation of sufficient funds; and

(10) The applicant shall comply with other requirements or conditions as the department or board may prescribe.

(e) Notwithstanding any provision to the contrary, there is established in the department a special fund to be designated as the dam and appurtenance improvement or removal grant program special fund. The fund shall be administered by the department. The following shall be deposited into the dam and appurtenance improvement or removal grant program special fund:

(1) Appropriations by the legislature;

(2) Moneys derived from public or private sources to benefit dam and appurtenance improvement or removal;

(3) Any other moneys collected pursuant to this section or any rules adopted pursuant to this section; and

(4) Moneys derived from interest, dividends, or other income from other sources.

(f) The department may expend moneys from the dam and appurtenance improvement or removal grant program special fund in accordance with this section and other purposes for the administration of the dam and appurtenance improvement or removal grant program under this section or any rule adopted pursuant to this section, including but not limited to funding for permanent or temporary positions. [L 2023, c 134, §3; am L 2024, c 232, §2]
Haw. Rev. Stat. § 193-33 — HI Code / Division 1 / Title 12 / Chapter 193 / Section 193-33
Personnel laws; applicability.
Status: in_force

The provisions of chapters 76 to 80, and 88, except provisions of state law relating to the application of the Social Security Act of the United States to the extent that the Act shall be applicable under the federal law establishing the youth programs, shall not apply to persons employed under this part.
Haw. Rev. Stat. § 189-2.4 — HI Code / Division 1 / Title 12 / Chapter 189 / Section 189-2.4
Commercial fisheries special fund.
Status: in_force

(a) There is established in the treasury of the State a special fund to be known as the commercial fisheries special fund which shall be administered by the department.

(b) The following revenues shall be deposited into the commercial fisheries special fund:

(1) Moneys collected as fees for licenses and permits related to commercial fishing and the sale of aquatic life, use of public fishing grounds for commercial fishing purposes, and use of commercial fisheries-related facilities;

(2) Moneys collected under the provision of any law or rule related to the importation, rearing, fishing, taking, catching, or killing of any aquatic life for commercial purposes;

(3) Moneys, other than informers' fees authorized under section 187A-14, collected as fines or bail forfeitures or administrative fines for violations of this chapter;

(4) Moneys collected from the sale of any article purchased from the department related to aquatic life used for commercial purposes or fishing for commercial purposes;

(5) Any monetary contributions or moneys collected from the sale of nonmonetary gifts to benefit aquatic life used for commercial purposes or fishing for commercial purposes; and

(6) Moneys derived from interest, dividend, or other income from the above sources.

(c) The commercial fisheries special fund shall be used for the following:

(1) Programs and activities for projects concerning aquatic life used for commercial purposes;

(2) Developing and conducting resource monitoring programs, conducting studies to determine the sustainable use of aquatic life for commercial purposes, and developing recommendations for acceptable levels of use;

(3) Research programs and activities concerning the conservation and management of aquatic life for commercial purposes;

(4) Programs and activities concerning the importation and management, preservation, propagation, enforcement, and protection of aquatic life used for commercial purposes; and

(5) Payroll for personnel of the department or the awarding of grants-in-aid to or contracts with the University of Hawaii or other qualified organizations or individuals to develop or implement the programs and activities for the conservation and management of aquatic life for commercial purposes.

(d) The proceeds of the commercial fisheries special fund shall not be used as security for, or pledged to the payment of principal or interest on, any bonds or instruments of indebtedness.

(e) Nothing in this section shall be construed to prohibit the use of general funds or the funds of other programs and activities to implement or enforce title 12, subtitle 5, concerning management and conservation of aquatic life used for commercial purposes. [L 2000, c 121, §1; am L 2002, c 86, §7]
Haw. Rev. Stat. § 183D-4 — HI Code / Division 1 / Title 12 / Chapter 183D / Section 183D-4
Game management areas, wildlife sanctuaries, public hunting areas.
Status: in_force

(a) For the purposes of preserving, protecting, conserving, and propagating wildlife, the department shall establish, maintain, manage, and operate game management areas, wildlife sanctuaries, and public hunting areas on land under its control and, as it deems desirable, enter into agreements for taking control of privately owned lands for those purposes.

(b) For the purposes of this section:

"Game management area" means an area so designated by either executive order, rule, cooperative agreement, or action of the board of land and natural resources that has been set aside for the primary purpose of managing, sustaining, and enhancing habitat and populations of game mammals and/or game birds, and providing public hunting and, secondarily, other compatible uses.

"Public hunting area" means those lands designated by the board of land and natural resources as areas where the public may hunt game birds and mammals, including:

(1) Game management areas;

(2) Forest reserves and surrendered lands;

(3) Natural area reserves;

(4) Restricted watersheds;

(5) Cooperative game management areas;

(6) Military training areas;

(7) Unencumbered state lands;

(8) Designated sanctuaries; and

(9) Other lands designated by the board. [L 1985, c 174, pt of §4; am L 1999, c 122, §1; am L 2001, c 118, §1]
Haw. Rev. Stat. § 198D-2 — HI Code / Division 1 / Title 12 / Chapter 198D / Section 198D-2
Establishment of Hawaii statewide trail and access program.
Status: in_force

(a) There is established the Hawaii statewide trail and access program, to be known as Na Ala Hele. The department of land and natural resources shall plan, develop, acquire land or rights for public use of land, construct, restore, and engage in coordination activities to implement the program in accordance with this chapter.

(b) The trail and access program shall use funding for the management, maintenance, and development of trails and trail accesses under the jurisdiction of the department from the following sources:

(1) A portion of the highway fuel taxes collected under chapter 243;

(2) Federal government grants;

(3) Private contributions; and

(4) Fees, established pursuant to administrative rules and charged by the department for the commercial and other use of trails and trail accesses under the jurisdiction of the department.

(c) The moneys specified in subsection (b)(2) shall be deposited in the state treasury; provided that moneys received as deposits or contributions from the federal government shall be accounted for in accordance with the conditions established by the agencies making the contribution.

(d) The moneys specified in subsection (b)(1), (3), and (4) shall be deposited in the special land and development fund under section 171-19 for the management, maintenance, and development of trails and trail accesses under the jurisdiction of the department. [L 1988, c 236, pt of §2; am L 1993, c 273, §1; am L 1997, c 106, §2; am L 2002, c 250, §3; am L 2005, c 235, §3; am L Sp 2021, c 1, §11]
Haw. Rev. Stat. § 174C-82 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-82
Powers and duties of the commission.
Status: in_force

In addition to its other powers and duties, the commission shall:

(1) Require registration of all existing wells, as provided in section 174C-83;

(2) Require permits for well construction and for installation of pumps and pumping equipment as provided in section 174C-84;

(3) Require well completion reports, as provided in section 174C-85;

(4) Develop well construction and installation standards for pumps and pumping equipment, as provided in section 174C-86; and

(5) Adopt, modify, and enforce all rules and orders necessary to carry out this part. [L 1987, c 45, pt of §2]
Haw. Rev. Stat. § 179D-27 — HI Code / Division 1 / Title 12 / Chapter 179D / Section 179D-27
Dams and reservoirs completed prior to July 6, 2007.
Status: in_force

(a) Every owner of a dam or reservoir that falls within the definition of a dam or reservoir in this chapter and was completed prior to July 6, 2007 shall file with the board a separate application for a certificate of approval to impound and any other supporting information as required by the board for each dam or reservoir. Each application shall also be accompanied by application fees as required by the board. During the application process for a certificate of approval to impound, the owner or operator of a dam or reservoir may continue to impound water, unless the board determines that the dam or reservoir may pose a danger to the health and safety of persons or property.

(b) The board shall give notice to file an application for certificate of approval to impound to owners of dams or reservoirs who have failed to file such applications as required by this chapter.

(c) The notice provided for in this section shall be delivered by certified mail to the owner at the owner's last address of record in the office of the county tax assessor in which the dam or reservoir is located. The mailing shall constitute service.

(d) The board shall make inspections of any dams and reservoirs, unless the data, records, and inspection reports on file with it are found adequate to enable a determination of whether or not the certificate of approval to impound should be issued.

(e) The board shall require owners of the dams and reservoirs to perform at their expense any work or tests as may reasonably be required to disclose information sufficient to enable the board to determine whether to issue certificates of approval to impound, or to issue orders directing further work at the owner's expense necessary to safeguard life and property. For this purpose, the board may require an owner or operator to lower the water level of, or to drain, the dam or reservoir.

(f) If, upon inspection or upon completion to the satisfaction of the board of all work that may be ordered, the board finds that the dam and reservoir are safe to impound water, a certificate of approval to impound shall be issued. The board may find that the dam or reservoir will not safely impound water and may refuse to issue a certificate of approval to impound. Upon finding that the dam or reservoir is unsafe to impound water, the board shall issue a written notice to the owner. After receipt of the notice, the owner shall no longer cause or allow the dam and reservoir to impound water. [L 2007, c 262, pt of §1]

Revision Note

"July 6, 2007" substituted for "effective date of this Act" and "the effective date of this Act" respectively.
Haw. Rev. Stat. § 198D-10 — HI Code / Division 1 / Title 12 / Chapter 198D / Section 198D-10
Limitation on chapter's provisions.
Status: in_force

(a) Nothing in this chapter shall be construed as conferring or imposing upon the department any rights, powers, and duties over:

(1) Lands not under its jurisdiction; or

(2) The activities of other public agencies; except if provided by other law or agreement.

(b) The designation as part of the statewide trail and access system of trails and accesses, the use to which the public has no rights, shall not be construed as establishing public rights to use those trails and accesses. [L 1988, c 236, pt of §2]
Haw. Rev. Stat. § 171-31.5 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-31.5
Disposition of abandoned or seized property.
Status: in_force

(a) The department may sell, donate, or otherwise dispose of property abandoned or seized on land owned by the State upon compliance with the requirements of this section.

(b) The department shall send notice by certified mail, at least thirty days prior to disposition of the abandoned or seized property, to the address of the owner of the property abandoned or seized if the owner is known or can be determined. The notice shall apprise the owner of the identity and location of the property abandoned or seized and of the intent of the department to sell, donate, or otherwise dispose of the property. Where the identity or the address of the owner is unknown or cannot be determined, the notice shall be posted on the premises where the property was abandoned or seized.

(c) If the abandoned or seized property has an estimated value of $1,000 or more, the department shall also give public notice of the disposition at least once either statewide or in a publication of local circulation where the property was abandoned or seized; provided that the disposition shall not take place less than five days after the notice of intent to dispose of the property.

(d) The sale of abandoned or seized property having an estimated value of $1,000 or more shall be by public auction through oral tenders in the county where the property was abandoned or seized. Where no bid is received, the property may be sold by negotiation, disposed of or sold as junk, kept by the department, or donated to any other government agency or a charitable organization.

(e) Any person entitled to the abandoned or seized property may repossess the property prior to its disposition upon proof of entitlement and payment of all unpaid rent, debts, charges, and fines owing and all handling, storage, appraisal, advertising, and any other expenses incurred in connection with the proposed disposition of the abandoned or seized property.

(f) The requirement of public notice and public auction pursuant to subsections (c) and (d) shall not apply when the value of the abandoned or seized property is less than $1,000. In that event, the property may be sold by negotiation, disposed of or sold as junk, kept by the department, or donated to any other government agency or a charitable organization.

(g) The proceeds of the sale of abandoned or seized property, after deduction of all charges and fines and all expenses of handling, storage, appraisal, advertising, and other sale expenses, shall be first offset against any amounts owed by the owner to the State. Any amount remaining shall be held in trust for the owner of the property for thirty days, after which time the proceeds shall be paid into the department's appropriate special fund or to the general fund if no special fund exists.

(h) The remedies available to the owner of abandoned or seized property are limited to those provided in subsections (e) and (g) of this section. The State, its officers, employees, and agents shall not be liable to the owner of abandoned or seized property because of any disposition of the property made pursuant to this section.

(i) For purposes of this section, "department" includes the department of land and natural resources and any other state department or agency that manages land owned or controlled by the State. [L 1986, c 184, §1; am L 1998, c 2, §§35, 36; am L 2001, c 63, §1; am L 2002, c 16, §6]
Haw. Rev. Stat. § 171-84 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-84
Leases to certain developers of housing for low and moderate income families.
Status: in_force

Sections 171-73 to 171-76, or any other law to the contrary notwithstanding, residential public lands may be leased on a first priority basis, without a drawing or public auction, by the board of land and natural resources to a developer or mortgagor who qualifies under the federal housing programs for low and moderate income families under the National Housing Act or state housing program for low and moderate income families as approved by the board of land and natural resources, or to a nonprofit or limited distribution corporation or association as defined in section 221(d)(3) of the National Housing Act which conforms to the standards of section 221(d)(3) but which is not a mortgagor under section 221(d)(3), all of which are regulated or supervised under federal or state laws or by political subdivisions of the State, or agencies thereof, as to rents, charges, sales prices, capital structure, rate of return, and methods of operation from the time of issuance of the building permit for the project. The lease under this section shall include terms to meet Federal Housing Administration requirements, if any, and the annual rental of the premises shall not exceed $1 a year to the lessee. The subleasing of individual lots will be allowed with lessee retaining first right of purchase for resale to a qualified low and moderate income family in conformance with the board of land and natural resources requirements.
Haw. Rev. Stat. § 183D-22 — HI Code / Division 1 / Title 12 / Chapter 183D / Section 183D-22
Application and issuance of licenses; fees.
Status: in_force

(a) A hunting license shall be issued to a person by an agent of the department upon:

(1) Written application in the form prescribed by the department;

(2) Payment of a hunting license fee or any other hunting related fee the board may require as provided in this chapter; except that payment of the fee shall be waived for any employee of the department who is required to have a license to carry out duties of the department; and

(3) Showing of a valid Hawaii hunter education certificate or written exemption issued under section 183D-28 or upon showing proof of completion of an approved hunter education course described in section 183D-28(b)(2).

The application shall require a statement under oath of the applicant's name, address, domicile or residence, length of residence in the State, age, race, height, weight, and color of hair and eyes.

(b) The hunting license fee shall be:

(1) $10 for any person who has resided in the State for one year or longer, or who is a member of the armed forces of the United States on active duty and the spouse and children thereof, or who elects to forgo the exemption provided in paragraph (4);

(2) $95 for all other persons;

(3) $50 for a three-day period and $95 for a seven-day period for hunting on a private and commercial shooting preserve for persons who do not meet the requirements of paragraph (1) or (4); and

(4) Free to all Hawaii residents sixty-five years of age or older and to all persons with Hansen's disease who are residents of Kalaupapa, Molokai.

(c) The department shall suspend, refuse to renew, reinstate, or restore, or deny any license if the department has received certification from the child support enforcement agency pursuant to section 576D-13 that the licensee or applicant is not in compliance with an order of support or has failed to comply with a subpoena or warrant relating to a paternity or child support proceeding. The department shall issue, renew, restore, or reinstate such a license only upon receipt of an authorization from the child support enforcement agency, the office of child support hearings, or the family court. [L 1985, c 174, pt of §4; am L 1988, c 12, §2 and c 31, §1; am L 1989, c 96, §1; am L 1992, c 127, §1; am L 1997, c 293, §10; am L 1998, c 88, §2; am L 1999, c 224, §1; am L 2007, c 129, §1]
Haw. Rev. Stat. § 193-23 — HI Code / Division 1 / Title 12 / Chapter 193 / Section 193-23
Personnel laws; applicability.
Status: in_force

The provisions of chapters 76, 78, and 88 and the appropriate collective bargaining agreement, executive order, executive directive, or rule and except provisions of state law relating to the application of the Social Security Act of the United States to the extent that the Act shall be applicable under the federal law establishing the youth programs, shall not apply to persons employed under this part.
Haw. Rev. Stat. § 171-49.5 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-49.5
Resale, first offer to board; limitation on resale price.
Status: in_force

Any lot [sold] or leased for residential use pursuant to this part shall not be sold or transferred again by the purchaser, the purchaser's personal representative, or the purchaser's heirs for a period of ten years from date of disposition unless the purchaser first offers the land or lease and improvements for sale and surrender to the board in accordance with the provisions of section 171-17(c) or section 171-81, as the case may be.
Haw. Rev. Stat. § 183D-40 — HI Code / Division 1 / Title 12 / Chapter 183D / Section 183D-40
Permit; authority under.
Status: in_force

After first having obtained a permit from the department, a licensee may obtain any number of game birds from any state game farm or from city park boards from another county, state, or foreign jurisdiction, or, with the consent of the department, transfer to another licensee any game bird taken or secured under this chapter. A licensee, after obtaining a permit may sell, give away, or dispose of the eggs of any game bird, lawfully in the licensee's possession, for propagation purposes only.
Haw. Rev. Stat. § 174C-50 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-50
Existing uses.
Status: in_force

(a) All existing uses of water in a designated water management area, except those exempted from regulation by this chapter, may be continued after the effective date of designation only with a permit issued in accordance with sections 174C-51, 174C-52, and 174C-53(b).

(b) After publication as provided in section 174C-52, the commission shall issue a permit for the continuation of a use in existence on the effective date of designation, if the criteria in subsection (a) are met and the existing use is reasonable and beneficial.

Whether the existing use is a reasonable-beneficial use and is allowable under the common law of the State shall be determined by the commission after a hearing; provided that the commission may make such a determination without a hearing, if the quantity of water applied for does not exceed an amount per month established by rule or if the quantity of water applied for exceeds an amount per month established by rule, but no objection to the application is filed by any person having standing to file an objection. In determining whether an application does not exceed the amount per month established by rule, the commission shall consider an average of water use over the three-month period immediately preceding the filing of the application.

(c) An application for a permit to continue an existing use must be made within a period of one year from the effective date of designation. Except for appurtenant rights, failure to apply within this period creates a presumption of abandonment of the use, and the user, if the user desires to revive the use, must apply for a permit under section 174C-51. If the commission determines that there is just cause for the failure to file, it may allow a late filing. However, the commission may not allow a late filing more than five years after the effective date of rules implementing this chapter. The commission shall send two notices, one of which shall be by registered mail, to existing users to file for an application for a permit to continue an existing use.

(d) An application shall be acted upon by the commission within ninety calendar days of an application not requiring a hearing, or within one hundred eighty calendar days of an application requiring a hearing. The time periods prescribed in this subsection shall not be deemed to run for any period in which an application is not complete in all material respects in the judgment of the commission.

(e) The commission shall issue an interim permit; provided that the existing use meets the conditions of subsection (b). The commission shall also issue an interim permit for an estimated, initial allocation of water if the quantity of water consumed under the existing use is not immediately verifiable, but the existing use otherwise meets the conditions of subsection (b) for a permit or an interim permit. An interim permit is valid for such time period specified therein. The commission may issue successive interim permits of limited duration. Interim permits are subject to revocation under section 174C-58. Whenever interim permits are to be issued, the time periods specified in subsection (d) apply to the issuance or nonissuance of interim permits.

(f) A permit to continue an existing use shall be for a quantity of water not exceeding that quantity being consumed under the existing use. The quantity being consumed shall be determined and verified by the best available means not unduly burdensome on the applicant, as determined by the commission. The commission may prescribe the installation of metering or gauging devices, and, if so prescribed, such metering or gauging devices shall be in place and operational for at least one year before a determination is made as to the quantity of water being consumed in an existing use and a final permit is issued.

(g) If an interim permit is issued pending verification of the actual quantity of water being consumed under the existing use, a final determination of that quantity shall be made within five years of the filing of the application to continue the existing use. In the final determination, the commission may increase or reduce the amount initially granted the permittee.

(h) Two or more existing uses of water are deemed to be competing when they draw water from the same hydrologically controllable area and the aggregate quantity of water consumed by the users exceeds the appropriate sustainable yield or instream flow standards established pursuant to law for the area. If applications are made to continue existing uses which are competing and the uses otherwise meet the requirements of subsection (b), the commission shall hold a hearing to determine the quantity of water that may be consumed and the conditions to be imposed on each existing use.

(i) A permit user of water with a continuous reduced water usage shall be given priority to reobtain its permitted level of water usage over any other application; provided that the use remains the same and is reasonable and beneficial and water is available. [L 1987, c 45, pt of §2; am L 1999, c 197, §8; am L 2001, c 10, §1]
Haw. Rev. Stat. § 171-69 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-69
Preference right.
Status: in_force

Any person otherwise qualified to take a farm lot shall have preference in any drawing for farm lots, if the person:

(1) Is a veteran (defined herein as a person who served in the military forces of the United States during any war between the United States and any other nation and who was discharged or released therefrom under conditions other than dishonorable); or

(2) Has, within a period of not longer than five years prior to the filing of the person's application, been an owner in possession, or a lessee in possession having an unexpired lease term of more than one year, of farm premises which were taken by any governmental authority for any public purpose and who was displaced by reason of the taking or which became unusable for farm purposes because the use was declared a public nuisance or was displaced by reason of a natural disaster. [L 1962, c 32, pt of §2; Supp, §103A-65; HRS §171-69; gen ch 1985]