Haw. Rev. Stat. § 196-64.5 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-64.5
Commercial property assessed financing program.
Status: in_force

(a) There is established a commercial property assessed financing program to be administered by the authority to enable owners of qualifying property to access non-traditional financing for qualifying improvements. Program financing shall be secured by a voluntary assessment imposed on the benefitted property that is secured by a statutory lien; provided that the statutory lien shall have priority over all other liens except the liens for property taxes and other assessments lawfully imposed by a governmental authority against the property.

(b) In administering the commercial property assessed financing program, the authority may impose a governmental lien to secure commercial property assessed financing against real property specially benefitted pursuant to the program established by this section. Commercial property assessed financing shall be secured by the voluntary governmental lien and repaid in assessment installments in accordance with the commercial property assessed financing assessment contract and billed and collected by the authority. The principal amount of financing made pursuant to this section shall be a governmental lien against each lot or parcel of the property, or in the case of a condominium, a governmental lien against the condominium association , assessed for a period beginning on the date of the notice of the assessment and ending once payment is made in full or otherwise satisfied in accordance with the commercial property assessed financing assessment contract; provided that the lien shall have priority over all other liens except the liens for property taxes and other assessments lawfully imposed by governmental authority against the property; provided further that for multiple liens of assessments, the earlier lien shall have priority over the later lien. Neither the governmental lien nor the assessment for repayment on a benefitted commercial property pursuant to this section shall constitute a tax upon the real property within the meaning of any constitutional or statutory provision. The requirement of lender consent pursuant to subsection (c)(7) shall be satisfied for the priority of the lien to be valid.

(c) The authority shall design the commercial property assessed financing program authorized under this section to address market needs while attracting private capital; provided that the program, at minimum, shall include the following elements:

(1) A commercial property owner of qualifying property in the State may apply to the authority for approval to use commercial property assessed financing to pay the cost of qualifying improvements and enter into a commercial property assessed financing contract with an approved commercial property assessed financing lender and the authority;

(2) A commercial property assessed financing lender may enter into a commercial property assessed financing assessment contract to finance or refinance a qualifying improvement only with the owner of the commercial property and the authority. Each commercial property assessed financing assessment contract shall be executed by the authority as the administrator of the commercial property assessed financing program. A commercial property assessed financing assessment contract shall require the authority to assign, pledge, and transfer revenues to be derived from commercial property assessed financing assessments to one or more commercial property assessed financing lenders as security for their direct financing of qualifying improvements. The obligation of the authority to transfer the revenues to one or more commercial property assessed financing lenders shall be evidenced by the commercial property assessed financing assessment contract as an instrument of indebtedness in a form as may be prescribed by the authority. No other bonds shall be required to be issued by the State, the authority, any county, or any other public entity in order to cause qualifying improvements to be funded through a commercial property assessed financing assessment contract;

(3) Qualifying improvements shall be affixed to a building or facility or affixed to real property, subject to the commercial property assessed financing assessments;

(4) Before entering into a commercial property assessed financing assessment contract, the commercial property assessed financing lender shall reasonably determine that:

(A) The commercial property owner is able to borrow the amount of the property assessed financing using reasonable commercial underwriting practices;

(B) All property taxes applicable to the commercial property, and any other assessments levied on the same bill as property taxes, are paid; and

(C) There are no involuntary liens applicable to the commercial property, including but not limited to construction liens, that will not be paid or satisfied upon the closing of the financing;

(5) The commercial property assessed financing assessment contract shall include the amount of an annual assessment, including interest, over a fixed term that shall be billed annually or as otherwise specified by the authority and collected by the authority in accordance with the commercial property assessed financing lender's amortization schedule;

(6) The commercial property assessed financing assessment contract, or summary memorandum of the contract, shall be recorded by the commercial property assessed financing lender in the public records of the State within five days after execution by the parties to the contract. The recorded contract shall provide constructive notice of the lien and obligation of the commercial property owner to pay the commercial property assessed financing assessment. The entire principal amount of the commercial property assessed financing assessment contract shall be a governmental statutory lien against the commercial property that shall be assessed for a period beginning on the date of recordation entered into pursuant to this section and ending once paid or satisfied in accordance with the commercial property assessed financing assessment contract; provided that the lien shall have priority over all other liens except the liens for property taxes and other assessments lawfully imposed by a governmental authority against the property;

(7) Before entering into a commercial property assessed financing assessment contract for any commercial property, the commercial property owner shall:

(A) (i) Provide the authority and the commercial property assessed financing lender with evidence of the written consent of each holder or loan servicer of any mortgage that encumbers or otherwise secures the commercial property, where the consent is in the sole and absolute discretion of each holder or loan servicer of a mortgage on the commercial property, at the time of the execution of the commercial property assessed financing assessment contract by the parties; provided that the consents shall be in a form prescribed by the authority; and

(ii) For a commercial property that is a condominium organized under chapter 514B , or preceding state law governing condominium property regimes, as an alternative to clause (i), the condominium association shall provide the authority and the commercial property assessed financing lender with evidence of the written consent of each creditor with a valid Uniform Commercial Code financing statement or mortgage recorded with the bureau of conveyances that encumbers or otherwise secures the condominium , where the consent is in the sole and absolute discretion of each creditor, at the time of the execution of the commercial property assessed financing assessment contract by the parties; provided that the consents shall be in a form prescribed by the authority; or

(B) Agree to the commercial property assessed financing lender's remedies if a default occurs, including foreclosure, in accordance with the terms and conditions of the commercial property assessed financing contract;

(8) At or before the time a purchaser executes a contract for the sale and purchase of any commercial property for which a statutory lien has been recorded under this part and has an unpaid balance due, the seller shall give the prospective purchaser a written disclosure statement notifying the prospective purchaser of the commercial property assessed financing assessment;

(9) The term of the commercial property assessed financing assessment contract shall not exceed the useful life of the qualifying improvement being installed or the weighted average useful life of all qualifying improvements being financed if multiple qualifying improvements are being financed, as determined by the authority;

(10) Except as otherwise provided for commercial property assessed financing assessments under chapter 514B, the authority shall bill and collect any approved commercial property assessed financing assessment. Each commercial property assessed financing assessment that is approved for collection shall be billed and collected in accordance with the commercial property assessed financing lender's amortization schedule. The authority may charge interest or other fees on assessment amounts not paid on a timely basis. The authority shall develop guidelines and procedures providing for the method of undertaking and financing qualifying improvements as well as penalties, collection processes, sale, and lien priority, in the case of delinquency as is provided in this section. The authority shall remit any commercial property assessed financing assessments collected, less any reasonable administrative costs to pay each commercial property assessed financing lender in accordance with each commercial property assessed financing assessment contract. For the benefit of any commercial property assessed financing lender, the authority shall commence and diligently pursue to completion the foreclosure of delinquent commercial property assessed financing assessments and any penalty, interest, and costs by advertisement and sale and with the same effect as provided by general law for sales of real property pursuant to chapter 667 and in accordance with the terms of the commercial property assessed financing contract. Any guidelines and procedures developed pursuant to this paragraph shall specify a deadline for commencement of the foreclosure sale and any other terms and conditions the authority determines reasonable regarding the foreclosure sale. For commercial property assessed financing assessments levied but not paid when due pursuant to a commercial property assessed financing assessment contract, the foreclosure of the lien of the commercial property assessed financing assessment, lien of general real property taxes or any other assessments levied under section 46-80, or any other lien foreclosed, shall not accelerate or extinguish the remaining term of the commercial property assessed financing assessment as approved in the commercial property assessed financing assessment contract; and

(11) All moneys collected for assessments for the commercial property assessed financing program, including any interest accrued and fee revenues collected, shall be deposited in a separate subaccount in the clean energy and energy efficiency revolving loan fund established pursuant to section 196-65.5 and expended only for the administration of the commercial property assessed financing program; provided that any surplus moneys remaining at the end of each fiscal year after the payment of expenses of the commercial property assessed financing program shall be transferred and credited to the Hawaii green infrastructure special fund established pursuant to section 196-65 and may be expended for the administration of the commercial property assessed financing program. [L 2022, c 183, §2; am L 2024, c 41, §4]
Haw. Rev. Stat. § 198D-3 — HI Code / Division 1 / Title 12 / Chapter 198D / Section 198D-3
Inventory.
Status: in_force

(a) The department shall establish, maintain, and amend, as required, an inventory of all trails and accesses in the State, whether wholly or partly on public or private lands and whether or not under the jurisdiction of the department, and a separate inventory of all trails and accesses to public hunting areas in the State. The inventories shall include:

(1) Maps and lists of all trails and accesses;

(2) Name and length of each trail or access;

(3) The person or agency having management responsibility for each trail or access;

(4) The predominant transportation mode for each trail or access;

(5) The development standard, condition, and grade of each trail and access;

(6) The description of amenities or other features on or in close proximity to each trail or access;

(7) The status of availability to the general public of each trail or access; and

(8) Other information for each trail or access deemed necessary or desirable by the department.

(b) The department shall publish and periodically update documents, which shall be available to the general public. The documents shall contain that portion of the inventories which include trails and accesses available for the use of the general public. The department may charge an appropriate fee for the documents and any updates. [L 1988, c 236, pt of §2; am L 1990, c 53, §1(1)]
Haw. Rev. Stat. § 200-10.5 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-10.5
Sailing school vessels; rules.
Status: in_force

The department shall adopt rules for the regulation and operation of sailing school vessels. Until the rules are adopted, sailing school vessels shall be classified as recreational vessels and subject to rules adopted under sections 200-4 and 200-9 that pertain to recreational vessels; provided that sailing school vessels shall be exempt from:

(1) All requirements for permits and fees; and

(2) All rules pertaining to:

(A) Mooring or anchoring of recreational vessels at any offshore mooring area; and

(B) Living aboard a vessel while the vessel is moored within ocean waters of the State. [L 1996, c 188, §2]
Haw. Rev. Stat. § 182-3 — HI Code / Division 1 / Title 12 / Chapter 182 / Section 182-3
Bond; compensation to occupiers.
Status: in_force

(a) Every lessee of a mining lease granted under this chapter and every assignee thereof shall file with the board a bond, in a form and in an amount approved by the board, made payable to the State and which shall be conditioned upon the faithful performance by the lessee of all the requirements of this chapter and of the mining lease, and also conditioned upon the full payment by the lessee of all damages suffered by the occupiers hereinunder mentioned. If the State sells or leases its mineral rights on land which it or its predecessors in interest have granted or leased, or which it may hereafter sell or lease, and the land thereof including any crops or improvements is damaged by any mining or other incidental operations, including exploratory work, or by the failure of the lessee of the mining lease to properly restore the land after termination of the operations, the occupier shall be reimbursed the full extent of the damages caused by the mining operations of the lessee to be allocated between the lessee and the fee owner in accordance with the lease terms, if any.

(b) Nothing herein shall be construed to prevent the occupier from demanding and receiving rentals from the lessee of the mining lease or to forbid and prevent the occupier and the lessee from agreeing upon the amount of damages to be paid and the terms and conditions of payment. The occupier may in writing before or within thirty days after the public auction notify the board that the occupier elects to have the amount of damages and the amount of rentals to be paid as a result of the mining lease determined by arbitration with the successful bidder. In such event, the occupier shall notify the successful bidder of the occupier's election to arbitrate, and the arbitration shall proceed in accordance with chapter 658A. The arbitrators in fixing the amount of damages to be paid to the occupier shall award the occupier the amount which in their judgment shall fairly compensate the occupier for the damages the occupier may suffer to the occupier's crops or improvements or to the surface or condition of the occupier's land caused by the mining or other incidental operations, including exploratory work, and a reasonable rental for the use of the surface. [L 1963, c 11, pt of §1; Supp, §99A-3; HRS §182-3; am L 1978, c 135, §2; gen ch 1985; am L 2001, c 265, §4; am L 2016, c 220, §10]
Haw. Rev. Stat. § 195F-2 — HI Code / Division 1 / Title 12 / Chapter 195F / Section 195F-2
Definitions.
Status: in_force

As used in this chapter:

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

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

"Fund" means the forest stewardship fund as established by section 195F-4.

"Landowner" means any person having an interest in or holding any encumbrance upon land in the State, including any person having a lease interest in the real property with an unexpired term of ten or more years.

"Native vegetation" means a diverse vegetation consisting mostly of plants endemic or indigenous to Hawaii.

"Potential natural area reserve" means land or water areas within the protective subzone of the conservation district established pursuant to chapter 183C, intact native natural communities identified by the heritage program under chapter 195, and other lands or waters meeting criteria established by the natural area reserves system commission.

"Program" means the forest stewardship program established in section 195F-3.

"Program implementation agreement" means a written forest stewardship management contract between the board and program applicant. [L 1991, c 327, pt of §2; am L 1995, c 11, §9 and c 69, §7; am L 2021, c 221, §2]
Haw. Rev. Stat. § 200-10 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-10
Permits and fees for state small boat harbors ; permit transfers.
Status: in_force

(a) No person shall moor a vessel in a state small boat harbor without:

(1) First obtaining a use permit from the department; and

(2) Being the owner of the vessel.

(b) In order to obtain a permit or a permit renewal, the owner of a vessel shall provide, at the owner's own expense:

(1) A marine surveyor's inspection or a vessel inspection by the department, no more than two years old, certifying that the vessel has been inspected and fulfills the requirements set by the department;

(2) Documentation that the person is the owner of the vessel. The documentation shall meet requirements established by the department; and

(3) Satisfactory proof that the person has attained the age of eighteen years prior to obtaining a permit or being placed on the waitlist for a permit.

(c) The permittee shall pay moorage fees to the department for the use permit that shall be based on but not limited to the use of the vessel, the vessel's effect on the harbor, use of facilities, and the cost of administering the mooring program; provided that:

(1) Except for commercial maritime activities in which a tariff is established by the department of transportation, moorage fees shall be established by appraisal by a state-licensed appraiser approved by the department;

(2) For commercial maritime activities in which a tariff is established by the harbors division of the department of transportation, the department may adopt the published tariff of the harbors division of the department of transportation or establish the fee by appraisal by a state-licensed appraiser approved by the department;

(3) An application fee shall be collected when applying for moorage in state small boat harbors and shall thereafter be collected annually when the application is renewed; provided that the application fee shall be set by the department;

(4) If a recreational vessel is used as a place of principal habitation, the permittee shall pay, in lieu of the moorage fee required by paragraph (1), a monthly liveaboard fee that shall be two times the moorage fee that would otherwise be assessed for a vessel of the same size;

(5) If a vessel is used for commercial purposes from the vessel's permitted mooring, the permittee shall pay, in lieu of the moorage fee required by paragraph (1), a monthly fee that shall be the greater of:

(A) Three per cent of the gross revenues derived from the use of the vessel;

(B) $1.50 per passenger carried for hire; or

(C) Two times the moorage fee that would otherwise be assessed for a recreational vessel of the same size;

(6) The department is authorized to assess and collect utility fees, including electrical and water charges, and common-area maintenance fees in small boat harbors; and

(7) All fees established by appraisal pursuant to this subsection shall be set at fair market value.

(d) The department shall not renew or issue a permit to a person who is not the owner of the vessel which is moored or which the person desires to moor in a state small boat harbor. No use permit may be transferred unless specifically provided by law. Any individual who is an owner of a vessel used for commercial purposes, including commercial fishing as a principal means of livelihood, and possesses a valid mooring permit or commercial permit, or both, in accordance with the rules adopted by the chairperson pursuant to chapter 91, may transfer ownership of the vessel from personal ownership to corporate or other business ownership without terminating the right to moor or operate the vessel under the permit or permits. The existing permit or permits shall be reissued in the name of the transferee corporation or other business entity.

(e) For the purposes of this section, "person" means any individual, firm, partnership, corporation, trust, association, joint venture, organization, institution, or any other legal entity, and "owner" includes the legal owner of a vessel where there is no security interest held by anyone on the vessel, a buyer under a purchase money security interest, a debtor under any security interest, a demise charterer of a vessel, or a lessee or charterer of a vessel under a lease or charter which provides the lessee or charterer with exclusive right to possession of the vessel to the exclusion of the lessor or the person from whom the vessel is chartered. "Controlled group" means parent-subsidiary corporations, brother-sister corporations, or constructive owner. "Transfer" includes any change in control, by whatever means, of any entity that owns or controls, directly or indirectly, a use permit. No permittee shall be allowed to moor a leased vessel in a berth unless the terms of the lease are set at fair market value. A "legal owner" includes a person who holds unencumbered title to a vessel or is a secured party under a security interest in the vessel. An owner who is issued a permit to moor a vessel in a state small boat harbor shall notify the department in writing of a transfer of interest or possession in the vessel within seven days of transfer.

(f) Any person who owns an interest in a corporation or other business entity or is part of a controlled group possessing a valid commercial permit issued by the department, in accordance with rules adopted by the chairperson pursuant to chapter 91, may transfer any or all stock or other interest to another person without terminating the right of the corporation or business entity to retain or renew its commercial permit or any other permit issued to it by the department; provided that:

(1) The corporation or business entity has been engaged in the same commercial vessel activity, as defined in section 200-9, for a minimum of one year;

(2) The seller shall pay the department a business transfer fee based on the passenger-carrying capacity of the vessels owned or operated by the corporation or business entity as provided by rules adopted by the chairperson pursuant to chapter 91, except for transfers of stock or interest in a corporation or other business entity between spouses or first-generation lineal descendants; and

(3) In the case of a controlled group, the transferee shall retain eighty per cent control of the transferor.

Any person possessing a commercial permit shall be required to meet minimum revenue standards, as a condition of retaining or renewing the commercial permit.

When an application for renewal of a commercial permit is made at least sixty days prior to expiration of the commercial permit, the department shall review the application and, within thirty days of receipt of the application, shall renew the permit or notify the applicant that the application is incomplete or cannot be renewed and explain any reasons for nonrenewal. Within thirty days of receipt of the applicant's amended application, the department shall either renew the permit or notify the applicant that the permit will not be renewed.

If the holder of a commercial permit fails to timely obtain renewal of a commercial permit, the holder of the permit shall automatically be granted a thirty-day extension from the date of the existing permit's expiration to obtain a permit renewal.

(g) The department may designate moorage space within state small boat harbors to accommodate commercial fishing vessels and transient vessels.

(h) All revenues from the foregoing operations shall be deposited in the boating special fund. [L 1991, c 272, pt of §2; am L 2005, c 126, §1; am L 2011, c 197, § 7 ; am L 2014, c 10, §1 and c 84, §1; am L 2015, c 90, §1; am L 2016, c 219, §1 ; am L 2021, c 42, §2 ]

Revision Note

In subsection (c)(4), "in" deleted after "pay, in" pursuant to § 23G-15.
Haw. Rev. Stat. § 183D-28 — HI Code / Division 1 / Title 12 / Chapter 183D / Section 183D-28
Hunter education program.
Status: in_force

(a) The department shall establish a hunter education program to provide instruction in hunter safety, principles of conservation, and sportsmanship. Upon successful completion of the program, the department shall issue to the graduate a hunter education certificate which shall be valid for the life of the person. This certification shall be rescinded by judicial action upon the conviction of a wildlife and/or firearms violation. No person shall be eligible for a hunting license unless the person possesses a valid hunter education certificate or meets the requirements for exemption provided in subsection (b)(2), and is either:

(1) Born after December 31, 1971; or

(2) Born before January 1, 1972, and has never been issued a hunting license in the State.

(b) A person who meets the minimum age requirements adopted pursuant to subsection (c) shall be exempt from the requirements of subsection (a) if the person:

(1) Was born before January 1, 1972, and at one time possessed a hunting license issued by the State; provided that the person shows satisfactory proof to the department that the person had possessed the hunting license;

(2) Has successfully completed a course or program of hunter education and safety that is approved by the International Hunter Education Association and meets the requirements of Chapter 12 of the United States Fish and Wildlife Service Federal Aid Manual, as revised; provided that the person shows satisfactory proof in the form of a certificate, wallet card, or other document issued by a state, province, or country evidencing successful completion of the course or program; or

(3) Obtains a three-day or a seven-day hunting license pursuant to section 183D-22(b)(3) to hunt on a private and commercial shooting preserve, accompanied by a hunting guide licensed pursuant to section 183D-25.5; provided that:

(A) All hunting shall be conducted on a licensed private and commercial shooting preserve and under the direction of a hunting guide who has successfully completed a Hawaii hunter education certification course and meets the requirements of section 183D-25.5;

(B) Prior to licensing, a hunter safety class and field training session shall be provided to the licensee that includes hunter safety and hunting equipment use and safe discharge;

(C) While hunting under these provisions, a hunting guide shall guide not more than two unaccompanied clients at any time while hunting;

(D) All hunting guides and clients shall wear a hunter safety blaze-orange outer garment while hunting;

(E) The private and commercial shooting preserve operator, hunting guides, and clients agree to be subject to inspection while engaged in hunting activities by department representatives or authorized law enforcement officers; and

(F) The private and commercial shooting preserve owner and operator assume responsibility and liability for public and hunter safety while operating under these provisions and agree to report any injuries to the department.

Upon application and satisfaction of the requirements of paragraph (1), the department shall issue a written exemption that shall be valid for the life of the person. The department shall develop and maintain a list of approved hunter education courses described in paragraph (2) for reference by the public and license agents.

(c) The department, by rules adopted pursuant to chapter 91, shall establish minimum age requirements for issuance of the hunter education certificate, or the exemption therefrom, required to obtain a hunting license pursuant to section 183D-22(a)(3).

(d) The department may establish a hunter education officer position to administer the program, outline all phases of instruction, conduct general supervision of individual programs, and distribute information on the program, or may contract the program to a qualified organization.

(e) The department may construct, operate, and maintain public outdoor and indoor target ranges for the program.

(f) The department shall prepare reports as may be necessary to seek approval under Public Law 91-503 for federal assistance in this program of hunter safety, conservation, and sportsmanship. [L 1985, c 174, pt of §4; am L 1989, c 96, §2; am L 1991, c 176, §1; am L 1992, c 127, §2; am L 1999, c 224, §2; am L 2007, c 129, §3]
Haw. Rev. Stat. § 198-5 — HI Code / Division 1 / Title 12 / Chapter 198 / Section 198-5
Enforcement of easement.
Status: in_force

(a) All conservation easements, whether held by public bodies or qualifying private organizations, shall be considered to run with the land, whether or not such fact is stipulated in the instrument of conveyance or ownership, and no conservation easement shall be unenforceable on account of the lack of privity of estate or contract, or on account of such conservation easement not being an appurtenant easement, or because such easement is a general easement.

(b) Actual or threatened injury to or impairment of a conservation easement, or actual or threatened violation of its terms, may be prohibited or restrained, or the interest intended for protection by such easement may be enforced, by injunctive relief granted by any environmental court of competent jurisdiction in a proceeding initiated by the grantor or by the holder of the easement.

(c) In addition to the remedy of injunctive relief, the holder of a conservation easement shall be entitled to recover money damages for any injury to such easement or to the interest being protected thereby or for the violation of the terms of such easement. In assessing such damages there may be taken into account, in addition to the cost of restoration, the loss of scenic, aesthetic, or environmental value to the real property subject to the easement, and other damages.

(d) The environmental court may award to the prevailing party in any action authorized by this section the costs of litigation, including reasonable attorney's fees. [L 1985, c 149, pt of §1; am L 2014, c 218, §8]
Haw. Rev. Stat. § 171-152 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-152
General powers.
Status: in_force

(a) In carrying out its functions under this part, the board may do all things necessary, useful, and convenient in connection with the restoration of beach lands, subject to all applicable laws, and may provide any necessary assistance to any county or nongovernmental organization in the restoration of beach lands so long as the public interest is served; provided that for beach restoration on privately-owned lands, the board shall be required to obtain authorization from affected property owners.

(b) The board or the board's designee, subject to this chapter and chapters 183C and 205A, shall maintain and manage beach lands restored pursuant to this part as well as a beach restoration plan described in section 171-153, subject to available funds. [L 1999, c 84, pt of §2]
Haw. Rev. Stat. § 200-9 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-9
Purpose and use of state small boat harbors.
Status: in_force

(a) State small boat harbors are constructed, maintained, and operated for the purposes of:

(1) Recreational boating activities;

(2) Landing of fish; and

(3) Commercial vessel activities.

To implement these purposes, only vessels in good material and operating condition that are regularly navigated beyond the confines of the small boat harbor and that are used for recreational activities, the landing of fish, or commercial vessel activities shall be permitted to moor, anchor, or berth at a state small boat harbor or use any of its facilities.

(b) Vessels used for purposes of recreational boating activities that are also the principal habitation of the owners shall occupy no more than one hundred twenty-nine berths at Ala Wai boat harbor and thirty-five berths at Keehi boat harbor, which is equal to fifteen per cent of the respective total moorage space that was available as of July 1, 1976, at the Ala Wai and Keehi boat harbors.

(c) The total number of valid commercial use permits that may be issued for vessels assigned mooring in Ala Wai boat harbor shall not exceed fifteen per cent of the total number of berths and shall not exceed thirty-five per cent of the total number of berths at the Keehi boat harbor; provided that at the Ala Wai boat harbor, vessels issued commercial use permits shall:

(1) Not exceed sixty-five feet in length;

(2) Occupy not more than fifty-six berths located along the row of berths furthermost mauka or adjacent to Holomoana street, with the remainder located throughout the Ala Wai boat harbor, with priority assigned to row five hundred, row seven hundred, and row eight hundred;

(3) Be phased-in in a manner that does not displace any existing recreational boater or existing catamaran operator; and

(4) Include commercial catamarans, for which valid commercial use permits or existing registration certificates have been issued by the department that allow the catamarans to operate upon Waikiki shore waters for hire.

The department shall allow a sole proprietor of a catamaran operating with a valid commercial use permit or existing registration certificate, issued by the department, for a commercial catamaran to land its commercial catamaran on Waikiki beach, to operate upon Waikiki shore waters for hire, and to transfer the ownership of the vessel from personal ownership to corporate or other business ownership without terminating the right to operate under the commercial use permit or existing registration certificate. The existing commercial use permit or existing registration certificate shall be reissued in a timely manner in the name of the transferee corporation or other business entity. No valid commercial use permit or existing registration certificate issued to an owner of a commercial catamaran operating in the Waikiki area shall be denied or revoked without a prior hearing held in accordance with chapter 91.

(d) Notwithstanding any limitations on commercial permits for Maui county small boat facilities, vessels engaging in inter-island ferry service within Maui county shall be afforded preferential consideration for ferry landings, including the issuance of a commercial operating permit and the waiver of any applicable fees, at Maui county small boat facilities; provided that:

(1) The vessel operator has been issued a certificate of public convenience and necessity for the purpose of engaging in inter-island ferry service that includes a route within Maui county;

(2) The design and performance characteristics of the vessel will permit safe navigation within the harbor entrance channel and safe docking within Maui county small boat facilities ;

(3) The vessel operations will not result in unreasonable interference with the use of Maui county small boat facilities by other vessels; and

(4) All preferential consideration and waivers, including any commercial permits issued under this section, shall cease upon the vessel operator's termination of inter-island ferry service within Maui county.

(e) The chairperson may adopt rules pursuant to chapter 91 to further implement this section.

[(f)] For purposes of this section:

"Commercial vessel activities" means the use of vessels for activities or services provided on a fee basis.

"Recreational boating activities" means the use of watercraft for sports, hobbies, or pleasure.

"Regularly navigated" means the movement of a vessel under its own power from its assigned mooring within a small boat harbor to beyond the confines of the small boat harbor and entrance channel at least once in a ninety-day period. Vessels moored in an offshore mooring area shall exit the confines of the designated mooring area under their own power at least once in a ninety-day period. [L 1991, c 272, pt of §2; am L 1995, c 86, §2; am L 1997, c 160, §4; am L 1999, c 266, §1; am L 2001, c 9, §1; am L 2006, c 123, §1; am L 2011, c 76, §1 and c 197, §6]
Haw. Rev. Stat. § 171-142 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-142
Lease for lessees dislocated by condemnation proceedings.
Status: in_force

(a) For purposes of this section:

(1) "Dislocated lessee" means any lessee engaged in commercial or industrial uses who has been or will be displaced from private property which is acquired by the State or any county for public use by the power of eminent domain or threat thereof; and

(2) "Eligible relocation site" means a site in an industrial park created under this chapter or on other state land, designated as an appropriate relocation site for dislocated lessees by law, or by resolution adopted by the board of land and natural resources and approved by the legislature by concurrent resolution.

(b) Notwithstanding any law to the contrary, any dislocated lessee shall have the right of first refusal to enter into a lease for an eligible relocation site.

(c) The board shall issue a lease to a dislocated lessee for an eligible relocation site under mutually agreeable terms, conditions, and lease rent. The lease shall be issued through negotiations, without regard to the limitations set forth in section 171-16(c) and section 171-59(a). The terms, conditions and rent under the lease shall be in conformance with chapter 171, and the board shall include lease covenants in each lease for the placement and construction of improvements in accordance with minimum standards established by applicable county building codes.

(d) The board shall negotiate in good faith with each dislocated lessee. If the board and dislocated lessee cannot agree to a lease within one hundred and eighty days from the date the dislocated lessee receives notice of the availability of an eligible relocation site, the board shall have no further obligation to negotiate with or issue a lease to the dislocated lessee for that economic unit, and may issue a lease for the economic unit to another person after the one hundred and eighty-day period according to the provisions of chapter 171. [L 1990, c 274, §3]
Haw. Rev. Stat. § 187A-12.5 — HI Code / Division 1 / Title 12 / Chapter 187A / Section 187A-12.5
General administrative penalties.
Status: in_force

(a) Except as otherwise provided by law, the board is authorized to set, charge, and collect administrative fines and to recover administrative fees and costs, including attorney's fees and costs, or bring legal action to recover administrative fines, fees, and costs, including attorney's fees and costs, or payment for damages or for the cost to correct damages resulting from a violation of subtitle 5 of title 12 or any rule adopted thereunder.

(b) For violations involving threatened or endangered species, the administrative fines shall be as follows:

(1) For a first violation, a fine of not more than $5,000;

(2) For a second violation within five years of a previous violation, a fine of not more than $10,000; and

(3) For a third or subsequent violation within five years of the last violation, a fine of not more than $15,000.

(c) For all other violations the administrative fines shall be as follows:

(1) For a first violation, a fine of not more than $1,000;

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

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

(d) A fine in addition to the fine under subsection (b) may be levied for each specimen of threatened or endangered aquatic life taken, killed, or injured in violation of subtitle 5 of title 12 or any rule adopted thereunder as follows:

(1) For a first violation, up to $5,000 or the retail market value of the specimen, whichever is higher;

(2) For a second violation, up to $10,000 or the retail market value of the specimen, whichever is higher; and

(3) For a third or subsequent violation, up to $15,000 or the retail market value of the specimen, whichever is higher.

(e) A fine in addition to the fine under subsection (c) may be levied for each specimen of all other aquatic life taken, killed, or injured in violation of subtitle 5 of title 12 or any rule adopted thereunder as follows:

(1) For a first violation, up to $1,000 or the retail market value of the specimen, whichever is higher;

(2) For a second violation, up to $2,000 or the retail market value of the specimen, whichever is higher; and

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

(f) Any criminal penalty for any violation of subtitle 5 of title 12 or any rule adopted thereunder shall not be deemed to preclude the State from recovering additional administrative fines, fees, and costs, including attorney's fees and costs. [L 1998, c 243, §1; am L 2022, c 35, §2]
Haw. Rev. Stat. § 188-25 — HI Code / Division 1 / Title 12 / Chapter 188 / Section 188-25
REPEALED.
Status: in_force

L 1999, c 85, §§5, 17; L 2002, c 151, §1.
Haw. Rev. Stat. § 171-4.5 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-4.5
Aha moku advisory committee; established.
Status: in_force

(a) There is established the aha moku advisory committee to be placed within the department of land and natural resources for administrative purposes. The committee may advise the chairperson of the board of land and natural resources in carrying out the purposes of this section.

(b) The committee shall consist of eight members appointed by the governor and confirmed by the senate from a list of nominations submitted by the aha moku councils of each island. Oversight of the aha moku advisory committee shall be by the chairperson of the board of land and natural resources. The committee members shall select the committee chairperson from among the members.

(c) The members shall not receive compensation for their service, but shall be reimbursed for necessary expenses, including travel expenses, incurred while participating in meetings and events approved in advance by the chairperson of the board of land and natural resources.

The aha moku advisory committee may hire an executive director who shall be exempt from chapter 76. The executive director may hire an administrative or executive assistant to assist the executive director in accomplishing the purposes of the aha moku advisory committee.

(d) The aha moku advisory committee may provide advice on the following:

(1) Integrating indigenous resource management practices with western management practices in each moku;

(2) Identifying a comprehensive set of indigenous practices for natural resource management;

(3) Fostering the understanding and practical use of native Hawaiian resource knowledge, methodology, and expertise;

(4) Sustaining the State's marine, land, cultural, agricultural, and natural resources;

(5) Providing community education and fostering cultural awareness on the benefits of the aha moku system;

(6) Fostering protection and conservation of the State's natural resources; and

(7) Developing an administrative structure that oversees the aha moku system.

(e) The committee shall submit an annual report in English and Hawaiian to the legislature and the chairperson of the board of land and natural resources no later than twenty days prior to the convening of each regular legislative session. The annual report shall include a list of all recommendations made by the committee and the resulting action taken by the department over the course of the prior year. [L 2012, c 288, §2]
Haw. Rev. Stat. § 190D-2 — HI Code / Division 1 / Title 12 / Chapter 190D / Section 190D-2
Findings and purpose.
Status: in_force

Article XI of the constitution of the State of Hawaii relating to the conservation, control, and development of resources, provides in section 6 that the State shall have the power to manage and control the marine, seabed, and other resources located within the boundaries of the State, including its archipelagic waters, and reserves to the State all such rights outside state boundaries not specifically limited by federal or international law.

The legislature finds that the State's marine waters offer the people of Hawaii sources of energy, minerals, food, and usable space. The legislature further finds that the proper management and development of these ocean resources require defined rights of usage and tenure.

The purpose of this chapter is to establish procedures for the leasing of state marine waters and to guarantee property rights and protection for any activities approved under these procedures. [L 1986, c 91, pt of §1; am L 1999, c 176, §§2, 11; am L 2002, c 203, §1]
Haw. Rev. Stat. § 196-8.5 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-8.5
Placement of clotheslines.
Status: in_force

(a) Notwithstanding any law to the contrary, no person shall be prevented by any covenant, declaration, bylaws, restriction, deed, lease, term, provision, condition, codicil, contract, or similar binding agreement, however worded, from installing a clothesline on any single-family residential dwelling or townhouse that the person owns. Any provision in any lease, instrument, or contract contrary to the intent of this section shall be void and unenforceable.

(b) Every private entity may adopt rules that reasonably restrict the placement and use of clotheslines for the purpose of drying clothes on the premises of any single-family residential dwelling or townhouse; provided that those restrictions do not prohibit the use of clotheslines altogether. No private entity shall assess or charge any homeowner any fees for the placement of any clothesline.

(c) For the purposes of this section:

"Clothesline" means a rope, cord, wire, or similar device on which laundry is hung to dry.

"Private entity" means any association of homeowners, community association, condominium association, cooperative, or any other nongovernmental entity with covenants, bylaws, and administrative provisions with which the homeowner's compliance is required. [L 2009, c 192, §2]
Haw. Rev. Stat. § 185-3 — HI Code / Division 1 / Title 12 / Chapter 185 / Section 185-3
Powers and duties of the administrator and managers.
Status: in_force

(a) The administrator shall be responsible to the board for supervision of the organization plans and actions of the managers.

(b) The administrator shall have the power and duty to:

(1) Review and approve plans prepared by the managers;

(2) Establish procedures and guidelines for the prevention, control, and extinguishment of fires coming within the meaning of this chapter;

(3) Establish procedures, guidelines, and conditions for the issuance of burning permits and for determining periods when forest reserves, public hunting areas, wildlife and plant sanctuaries, and natural area reserves shall be closed;

(4) Close or partially close forest reserves, public hunting areas, wildlife and plant sanctuaries, and natural area reserves, by restricting certain activities when necessary;

(5) Summon, when necessary, additional firefighting assistance, equipment, supplies, and materials needed to extinguish fires;

(6) Do any act which the manager is empowered to perform under this chapter; and

(7) Establish and maintain facilities for the performance of fire protection, fire prevention, pest control, and forest and range protection and enhancement activities.

(c) The manager shall have the power and duty to:

(1) Prepare a plan for fire protection within the meaning of section [185-1.5];

(2) Take necessary measures for the prevention, control, and extinguishment of fires coming within the meaning of this chapter;

(3) Issue fire warning notices during dry periods or other seasons when fire hazards are great;

(4) Close forest reserves, public hunting areas, wildlife and plant sanctuaries, and natural area reserves to public access or restrict their use during dry periods when necessary, to reduce fire risk;

(5) Close public access to areas in which fire control operations are ongoing;

(6) Issue burning permits as provided in section 185-7;

(7) Receive, audit, and if correct, approve and transmit to the department through the administrator, all reports and accounts for expenses incurred in the prevention, control, and extinguishment of any fires which come within the meaning of this chapter;

(8) Summon, when necessary, additional firefighting assistance, equipment, supplies, or materials to assist in fighting a fire;

(9) Assume full responsibility for directing the control and extinguishment of any fire coming within the meaning of this chapter, including directing the control and extinguishment of any fire on or threatening any lands included in section [185-1.5] as may be provided for under mutual aid agreements with other fire control agencies; and

(10) Conduct educational work in the protection of forest reserves, public hunting areas, wildlife and plant sanctuaries, and natural area reserves against fires. [L 1953, c 100, §5; RL 1955, §19-53; am L 1957, c 98, §2; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §1; HRS §185-3; am L 1974, c 64, pt of §1; gen ch 1985; am L 1988, c 338, §2; am L 1994, c 140, §4; am L 2025, c 303, §2]
Haw. Rev. Stat. § 182-11 — HI Code / Division 1 / Title 12 / Chapter 182 / Section 182-11
Assignment.
Status: in_force

Any mining lease may be assigned in whole or in part, subject to the approval of the board, to an assignee who shall have the same qualifications as any bidder for a mining lease. The assignee shall be bound by the terms of the lease to the extent as if the assignee were the original lessee. The approval of the assignment by the board shall release the assignor from any liabilities or duties under the mining lease as to the portion thereof assigned except for any liability or duty which arose prior to the approval of the assignment by the board and which remains unsatisfied or unperformed.
Haw. Rev. Stat. § 183-35 — HI Code / Division 1 / Title 12 / Chapter 183 / Section 183-35
Vouchers for expenditures.
Status: in_force

Such moneys herein as may be appropriated shall be expended upon warrants drawn by the comptroller of the State upon vouchers signed by the department of land and natural resources.
Haw. Rev. Stat. § 187A-9.5 — HI Code / Division 1 / Title 12 / Chapter 187A / Section 187A-9.5
Sport fish special fund.
Status: in_force

(a) There is established in the department a sport fish special fund.

(b) The following proceeds shall be retained by or transmitted to the department for deposit into the sport fish special fund:

(1) Moneys collected as fees for sport fishing licenses and permits, attendance of aquatic resources education programs, use of public fishing areas or other fishing grounds for sport fishing purposes, and use of sport fisheries-related facilities;

(2) Moneys collected under the provision of any law or rule relating to the importation, taking, catching, or killing of any sport fish;

(3) Moneys, other than informers' fees authorized under section 187A-14, collected as fines or bail forfeitures for sport fishing violations of this chapter and chapters 188, 189, and 190;

(4) Moneys collected from the sale of any article purchased from the department related to sport fish or sport fishing;

(5) Any monetary contributions or moneys collected from the sale of non-monetary gifts to benefit sport fish or sport fishing; and

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

(c) Expenditures from the sport fish special fund shall be limited to the following:

(1) For programs and activities to implement title 12, subtitle 5, including the provision of state funds to match federal grants under the Federal Aid in Sport Fish Restoration (Dingell-Johnson/Wallop-Breaux) Act (64 Stat. 430, 16 U.S.C. §777), as amended, for projects concerning sport fish;

(2) For acquisition of the use, development, or maintenance of trails and accessways into public fishing areas, fishery management areas, marine life conservation districts, or private lands where public sport fishing is authorized; and

(3) For research programs and activities concerning sport fish conservation and management. Research programs and activities conducted under this paragraph may be conducted by personnel of the department or through grants-in-aid to or contracts with the University of Hawaii or other qualified organizations or individuals.

(d) The proceeds of the sport fish 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) In addition to subsection (c), the department may use moneys in the sport fish special fund for the importation into, and the management, preservation, propagation, enforcement, and protection of sport fishes in, the State; provided that the department, prior to authorizing expenditures or expending funds from the sport fish special fund, first shall attempt to use those funds to maximize the State's participation to secure federal funds under the Federal Aid in Sport Fish Restoration (Dingell-Johnson/Wallop-Breaux) Act, as amended.

(f) Nothing in this section shall be construed as prohibiting the funding with general funds or other funds of programs and activities to implement or enforce title 12, subtitle 5, concerning sport fish management and conservation. [L 1993, c 143, §1; am L 2002, c 86, §3]
Haw. Rev. Stat. § 184-5.3 — HI Code / Division 1 / Title 12 / Chapter 184 / Section 184-5.3
Failure to obey summons.
Status: in_force

Any person who fails to appear at the place and within the time specified in the summons or citation issued to the person by the state park enforcement officer upon the person's arrest for violation of the state parks, historical objects and sites, and outdoor recreation laws and regulations, traffic laws and ordinances; and the laws of the State and the rules and regulations of the department relative to the protection and proper utilization of the recreational, scenic, historical, natural and archaeological, scientific and related resources of state lands and lands within the conservation district, shall be guilty of a petty misdemeanor.

If any person fails to comply with a summons or citation issued to the person, or if any person fails or refuses to deposit bail as required and within the time permitted, the officer shall cause a complaint to be entered against the person and secure the issuance of a warrant for the person's arrest.

When a complaint is made to any prosecuting officer of the violation of any state parks, historical objects and sites, and outdoor recreation laws and regulations, traffic laws and ordinances; and the laws of the State and the rules and regulations of the department relative to the protection and proper utilization of the recreational, scenic, historical, natural and archaeological, scientific and related resources of state lands and lands within the conservation district, the officer who issued the summons or citation shall subscribe to it under oath administered by another official or officials of the department of land and natural resources whose names have been submitted to the prosecuting officer and who have been designated by the chairperson of the board of land and natural resources to administer the same. [L 1974, c 245, pt of §2; am L 1975, c 24, §6 and c 87, §1; gen ch 1985, 1993]
Haw. Rev. Stat. § 195F-4 — HI Code / Division 1 / Title 12 / Chapter 195F / Section 195F-4
Forest stewardship fund.
Status: in_force

(a) There is established a special fund within the state treasury known as the forest stewardship fund which shall be used as follows:

(1) Payments shall be made by the board pursuant to agreements entered into with qualified landowners to further the purposes of this chapter; and

(2) Moneys collected from:

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

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

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

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

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

(F) The imposition of fines or penalties for violations of this chapter and chapters 183 and 185 or any rule adopted thereunder;

shall be used for: (i) replanting, managing, and maintaining designated timber management areas; (ii) enhancing the management of public forest reserves with an emphasis on restoring degraded koa forests; and (iii) developing environmental education and training programs pertaining to sustainable forestry; provided that the activities described in clauses (ii) and (iii) may not be funded unless the activities described in approved management plans pertaining to clause (i) are adequately funded.

(b) The fund shall consist of moneys received from any public or private sources. The fund shall be held separate and apart from all other moneys, funds, and accounts in the state treasury; provided that any moneys received from the federal government or from private contributions shall be deposited and accounted for in accordance with conditions established by the agencies or persons from whom the moneys are received.

Investment earnings credited to the fund shall become a part of the assets of the fund. Any balance remaining in the fund at the end of any fiscal year shall be carried forward in the fund for the next fiscal year. [L 1991, c 327, pt of §2; am L 1999, c 144, §4; am L 2001, c 152, §1; am L 2006, c 174, §5; am L 2007, c 9, §9; am L 2015, c 84, §2]
Haw. Rev. Stat. § 188-54 — HI Code / Division 1 / Title 12 / Chapter 188 / Section 188-54
§§188-54, 188-54.
Status: repealed

§§188-54, 188-54.1, 188-54.2, 188-55, and 188-56 REPEALED. L 1981, c 85, §§61 to 65.
Haw. Rev. Stat. § 183-13 — HI Code / Division 1 / Title 12 / Chapter 183 / Section 183-13
Hearing.
Status: in_force

At the time and place named, a full hearing shall be given by the department of land and natural resources, to all who desire to be heard upon the subject matter of the notice. The hearing shall be public, and shall be conducted under such rules as the department may adopt.
Haw. Rev. Stat. § 172-8 — HI Code / Division 1 / Title 12 / Chapter 172 / Section 172-8
Notice to owners to have boundaries determined.
Status: in_force

Upon the completion of a list, the comptroller shall give public notice thereof throughout the State at least once each week for four successive weeks, together with name or names of the last known owner or owners, and with a notice that unless the unsurveyed lands have had their boundaries properly and legally determined prior to July 1, 1925, the State shall proceed in the manner hereinafter provided for.
Haw. Rev. Stat. § 182-9.5 — HI Code / Division 1 / Title 12 / Chapter 182 / Section 182-9.5
Unitization.
Status: in_force

Upon motion by the board or petition filed by any mining lessee, the board, in its discretion, may order such lessees or owners of mineral rights on adjoining properties to collectively adopt, and operate under, a cooperative or unit plan of development, if the board finds that such a plan will prevent the waste of any mineral, increase the ultimate recovery, avoid the drilling, digging, or excavating of any unnecessary well, or for such other reason that would encourage and promote the development of any mineral resource.
Haw. Rev. Stat. § 173A-5 — HI Code / Division 1 / Title 12 / Chapter 173A / Section 173A-5
Land conservation fund.
Status: in_force

(a) A land conservation fund, hereinafter called "fund", is hereby established.

(b) The proceeds from the sale of any general obligation bonds authorized and issued for purposes of this chapter shall be deposited in or credited to the fund.

(c) Any net proceeds or revenue from the operation, management, sale, lease, or other disposition of land or the improvements on the land acquired or constructed by the board under the provisions of this chapter shall also be deposited in or credited to the fund.

(d) The appropriate percentage identified under section 247-7 of all taxes imposed and collected under chapter 247 shall be deposited in or credited to the fund every fiscal year.

(e) Moneys from any other private or public source may be deposited in or credited to the fund; provided that mandates, regulations, or conditions on these funds do not conflict with the use of the fund under this chapter. Moneys received as a deposit or private contribution shall be deposited, used, and accounted for in accordance with the conditions established by the agency or person making the contribution.

(f) The fund shall be administered and managed by the department.

(g) The acquisition of interests or rights in land having value as a resource to the State for the preservation of the following shall constitute a public purpose for which public funds may be expended or advanced:

(1) Watershed protection;

(2) Coastal areas, beaches, and ocean access;

(3) Habitat protection;

(4) Cultural and historical sites;

(5) Recreational and public hunting areas;

(6) Parks;

(7) Natural areas;

(8) Agricultural production; and

(9) Open spaces and scenic resources.

(h) The fund shall be used for:

(1) The acquisition of interests or rights in land having value as a resource to the State, whether in fee title or through the establishment of permanent conservation easements under chapter 198 or agricultural easements;

(2) The payment of any debt service on state financial instruments relating to the acquisition of interests or rights in land having value as a resource to the State;

(3) Annual administration costs for the fund, not to exceed five per cent of annual fund revenues of the previous year[; and]

(4) Costs related to the operation , maintenance, and management of lands acquired by way of this fund that are necessary to protect, maintain, or restore resources at risk on these lands, or that provide for greater public access and enjoyment of these lands; provided that the costs related to the operation, maintenance, and management of lands acquired by way of this fund do not exceed five per cent of annual fund revenues of the previous year.

(i) Based on applications from state agencies, counties, and nonprofit land conservation organizations, the department, in consultation with the senate president and speaker of the house of representatives, shall recommend to the board specific parcels of land to be acquired, restricted with conservation easements, or preserved in similar fashion. The board shall review the selections and approve or reject the selections according to the availability of moneys in the fund. To be eligible for grants from the fund, state and county agencies and nonprofit land conservation organizations shall submit applications to the department that contain:

(1) Contact information for the project;

(2) A description of the project;

(3) The request for funding;

(4) Cost estimates for acquisition of the interest in the land;

(5) Location and characteristics of the land;

(6) The project's public benefits, including but not limited to where public access may be practicable or not practicable and why;

(7) Results of the applicant's consultation with the staff of the department, the department of agriculture and biosecurity, and the agribusiness development corporation regarding the maximization of public benefits of the project, where practicable; and

(8) Other similar, related, or relevant information as determined by the department.

(j) For applications approved by the board, the board may acquire land having value as a resource to the State, pursuant to section 173A-4, or the board may award grants from the fund to the qualifying state or county agencies or nonprofit land conservation organizations for the preservation of the real property. Where the recipient of a grant is a county agency or nonprofit land conservation organization, the board shall require additional matching funds of at least twenty-five per cent of the total project costs. Matching funds may be in the form of:

(1) Direct moneys;

(2) A combination of public and private funds;

(3) Land value donation;

(4) In-kind contributions; or

(5) Any combination of the above.

(k) Evidence of the matching funds in subsection (j) shall be made available by the qualifying entities prior to distribution of the fund grant.

(l) The board shall:

(1) Track amounts disbursed from the fund;

(2) Prepare and submit an annual report to the governor and the legislature at least twenty days prior to the convening of each regular session. The annual report shall include:

(A) A summary of all interests or rights in land acquired during the preceding fiscal year;

(B) A summary of what value each newly acquired land has as a resource to the State;

(C) Proposals for future land acquisitions, including a summary of the resource value that the land may possess;

(D) A financial report for the preceding fiscal year; and

(E) Objectives and budget projections for the following fiscal year; and

(3) Make copies of the annual report available to the public. [L 1973, c 77, §5; am L 2005, c 156, §4; am L 2006, c 254, §4; am L 2007, c 145, §1; am L 2008, c 139, §2; am L 2009, c 59, §2; am L 2010, c 209, §§3, 5; am L 2012, c 284, §2; am L 2013, c 38, §5 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 171-172 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-172
Turtle Bay conservation easement special fund.
Status: in_force

(a) There is established the Turtle Bay conservation easement special fund to be administered by the department of land and natural resources.

(b) Transient accommodations tax revenues allocated to the Turtle Bay conservation easement special fund pursuant to section 237D-6.5 and moneys from the land conservation fund shall be deposited into the special fund. All interest earned on the moneys in the special fund shall be credited to the special fund.

(c) Moneys in the Turtle Bay conservation easement special fund shall be expended to reimburse the state general fund for payment of debt service on reimbursable general obligation bonds issued to acquire the conservation easement and other real property interests in Turtle Bay, Oahu.

(d) The Turtle Bay conservation easement special fund shall be exempt from the central service expenses of section 36-27 and departmental administrative expenses of section 36-30.

(e) Upon reimbursement to the state general fund of all debt service on reimbursable general obligation bonds issued to acquire the conservation easement in Turtle Bay, Oahu, any unencumbered and unexpended moneys in the Turtle Bay conservation easement special fund shall be transferred to the general fund. [L 2015, c 121, pt of §2; am L Sp 2021, c 1, §17]
Haw. Rev. Stat. § 188-22.8 — HI Code / Division 1 / Title 12 / Chapter 188 / Section 188-22.8
Limu management area.
Status: in_force

(a) There is established a limu management area from the shoreline and extending one hundred fifty feet seaward in Ewa beach from the gunnery range to the boat ramp on Muumuu street.

(b) No person, including a person with a commercial fishing license, shall pick, gather, harvest, or otherwise take limu from within the limu management area beginning no sooner than January 1, 2007; provided that this section shall not apply to a person who has obtained a special permit to pick limu for purposes of replanting.

(c) Beginning no sooner than January 1, 2010, a person, including a person with a commercial fishing license, may hand-pick limu in the limu management area from 6:00 a.m. to 6:00 p.m., only during the months of July, November, and December of each year. A maximum of one pound for all types of limu combined may be hand-picked per day by any person, including any person possessing a commercial fishing license.

(d) This section shall not apply to any person exercising native Hawaiian gathering rights and traditional cultural practices as authorized by law or as permitted by the department of land and natural resources pursuant to article xii, section 7 of the Hawaii state constitution.

(e) The department of land and natural resources shall adopt rules pursuant to chapter 91 necessary for the purposes of this section. [L 2006, c 293, §2]
Haw. Rev. Stat. § 187A-10 — HI Code / Division 1 / Title 12 / Chapter 187A / Section 187A-10
Agents to sell licenses.
Status: in_force

(a) The department may designate agents to sell fishing licenses in accordance with this section. Agents shall report all sales of licenses to the department monthly and not later than the fifteenth day of the month following the month covered by the report. Wilful failure to make a report shall be cause for cancellation of the agency and upon the cancellation a full accounting and settlement for all licenses shall be made forthwith. All fees collected shall be remitted to the department at the same time as the report of license sales is made. If the agents prepay for the licenses, then the fees collected shall be retained by agents, rather than remitted to the department.

(b) Agents shall receive ten per cent of the value of licenses sold. All reports on license sales shall be made on forms supplied by the department. The duly authorized agents of the department may administer oaths as required in license applications. Chapter 40 shall not apply to the agents. [L 1985, c 94, pt of §1; am L 1987, c 93, §1]
Haw. Rev. Stat. § 171-64.7 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-64.7
Legislative approval of sale or gift of lands.
Status: reserved

(a) This section applies to all lands or interest therein owned or under the control of state departments and agencies classed as government or crown lands previous to August 15, 1895, or acquired or reserved by the government upon or subsequent to that date by purchase, exchange, escheat, or the exercise of the right of eminent domain, or any other manner, including accreted lands not otherwise awarded, submerged lands, and lands beneath tidal waters that are suitable for reclamation, together with reclaimed lands that have been given the status of public lands under this chapter, including:

(1) Land set aside pursuant to law for the use of the United States;

(2) Land to which the United States relinquished the absolute fee and ownership under section 91 of the Organic Act before the admission of Hawaii as a state of the United States;

(3) Land to which the University of Hawaii holds title;

(4) Non-ceded land set aside by the governor to the Hawaii housing finance and development corporation or land to which the Hawaii housing finance and development corporation in its corporate capacity holds title;

(5) Land to which the department of agriculture and biosecurity holds title by way of foreclosure, voluntary surrender, or otherwise, to recover moneys loaned or to recover debts otherwise owed the department under chapter 167;

(6) Land that is set aside by the governor to the Aloha Tower development corporation or land to which the Aloha Tower development corporation holds title in its corporate capacity;

(7) Land that is set aside by the governor to the agribusiness development corporation or land to which the agribusiness development corporation in its corporate capacity holds title;

(8) Land to which the Hawaii technology development corporation in its corporate capacity holds title;

(9) Land to which the department of education holds title;

(10) Land to which the Hawaii public housing authority in its corporate capacity holds title;

(11) Land to which the stadium authority holds title; and

(12) Land to which the school facilities authority holds title.

(b) Notwithstanding any law to the contrary, no sale of lands described in subsection (a) in fee simple including land sold for roads and streets, or gift of lands described in subsection (a) in fee simple to the extent such gift is otherwise permitted by law, shall occur without the prior approval of the sale or gift by the legislature by concurrent resolution to be adopted by each house by at least a two-thirds majority vote of the members to which each house is entitled in a regular or special session at which a concurrent resolution is submitted for approval of the sale; provided that the provisions of this section shall not apply to remnants, as that term is defined in section 171-52, or portions thereof; provided further that this section shall not apply to the issuance of licenses, permits, easements, and leases executed in conformance with the laws applicable to the lands listed in subsection (a); provided further that this section shall not apply to non-ceded lands conveyed to the University of Hawaii after December 31, 1989, to which the University of Hawaii holds title; provided further that this section shall not apply to reserved housing, as that term is defined in section 206E-101, conveyed by the Hawaii community development authority.

(c) The state department or agency proposing to sell or give any state land described in subsection (a) shall submit for introduction to the legislature a concurrent resolution for review of the proposed sale or gift. The concurrent resolution shall contain a list of all sales or gifts of state land proposed by the state department or agency. The concurrent resolution shall contain the following information:

(1) The specific location and size in square feet or in other precise measure of the parcels of land to be sold or given;

(2) The appraisal value of the land to be sold or given;

(3) The names of all appraisers performing appraisals of the land to be sold or given;

(4) The date of the appraisal valuation;

(5) The purpose for which the land is being sold or given;

(6) A detailed summary of any development plans for the land to be sold or given; and

(7) A statement of whether the land is, or is not, land that was classed as government or crown lands previous to August 15, 1895, or was acquired by the State in exchange for such lands, and a detailed explanation of how the state department or agency made this determination.

A draft of the concurrent resolution for the prior approval of a sale or gift of land shall also be submitted to the office of Hawaiian affairs at least three months prior to the convening of a regular or special session of the legislature to allow the office to determine whether the land was classed as government or crown lands previous to August 15, 1895, or was acquired by the State in exchange for such lands.

(d) If the legislature fails to approve the concurrent resolution by at least a two-thirds majority vote of both houses, the transaction shall be abandoned by the state department or agency.

(e) Prior to finalizing any proposal for the sale or gift of lands described in subsection (a) to a person or entity other than the State, its agencies, or its entities, and prior to submission of the concurrent resolution to the legislature under subsection (c), the State, agency, or entity, as appropriate, shall hold an informational briefing on the proposed sale or gift in the community where the land to be sold or given is located.

(f) This section shall not apply to:

(1) Sales or gifts of lands described in subsection (a) between state departments or agencies;

(2) Sales of available lands under the Hawaiian Homes Commission Act;

(3) Fee simple sales of affordable homes on lands not classified as government or crown lands previous to August 15, 1895, or exchanged subsequent to August 15, 1895, for lands classified as government or crown lands previous to August 15, 1895, that are subject to resale restrictions as set forth in section 201H-47 and that were acquired by the Hawaii housing finance and development corporation either at a foreclosure sale or under a buyback as authorized in section 201H-47; or

(4) Individual sales of the leased fee interest in a leasehold condominium unit or single family house lot to its lessee by the Hawaii housing finance and development corporation; provided that:

(A) One of the corporation's predecessor agencies approved the sale of the leased fee interest to lessees of the condominium or development in which the unit or house lot is located no later than November 4, 1994;

(B) The leased fee interest in more than fifty per cent of all units in the condominium or development in which the unit or house lot is located was sold or otherwise transferred prior to July 13, 2009;

(C) The sale is to the lessee of record of the unit or house lot; and

(D) The corporation shall submit documentation to the office of Hawaiian affairs at least three months before the sale of a unit or house lot under this paragraph, with the following information:

(i) The specific location and size in square feet, or other precise measure, of the parcel of land to be sold;

(ii) The purpose for which the land is being sold;

(iii) A statement of whether the land is or is not land that was classed as government or crown lands prior to August 15, 1895, or was acquired by the State in exchange for such lands, and a detailed explanation of how the corporation made the determination; and

(iv) Sufficient documentation to validate the requirements of subparagraphs (A), (B), and (C). [L 2009, c 176, §2; am L 2010, c 56, §1 and c 174, §2; am L 2011, c 169, §2; am L 2012, c 282, §3; am L 2013, c 38, §3; am L 2014, c 61, §2; am L 2017, c 69, §4; am L 2018, c 210, §5; am L 2019, c 272, §6; am L 2021, c 64, §1, c 146, §5, and c 217, §8; am L 2022, c 191, §2 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 196-9 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-9
Energy efficiency and environmental standards for state facilities, motor vehicles, and transportation fuel.
Status: in_force

(a) Each agency is directed to implement, to the extent possible, the following goals during planning and budget preparation and program implementation.

(b) With regard to buildings and facilities, each agency shall:

(1) Design and construct buildings meeting the Leadership in Energy and Environmental Design silver or two green globes rating system or another comparable state-approved, nationally recognized, and consensus-based guideline, standard, or system, except when the guideline, standard, or system interferes or conflicts with the use of the building or facility as an emergency shelter;

(2) Incorporate energy-efficiency measures to prevent heat gain in residential facilities up to three stories in height to provide R-19 or equivalent on roofs, R-11 or equivalent in walls, and high-performance windows to minimize heat gain and, if air conditioned, minimize cool air loss. R-value is the constant time rate resistance to heat flow through a unit area of a body induced by a unit temperature difference between the surfaces. R-values measure the thermal resistance of building envelope components such as roof and walls. The higher the R-value, the greater the resistance to heat flow. Where possible, buildings shall be oriented to maximize natural ventilation and day-lighting without heat gain and to optimize solar for water heating. This provision shall apply to new residential facilities built using any portion of state funds or located on state lands;

(3) Install solar water heating systems where it is cost-effective, based on a comparative analysis to determine the cost-benefit of using a conventional water heating system or a solar water heating system. The analysis shall be based on the projected life cycle costs to purchase and operate the water heating system. If the life cycle analysis is positive, the facility shall incorporate solar water heating. If water heating entirely by solar is not cost-effective, the analysis shall evaluate the life cycle, cost-benefit of solar water heating for preheating water. If a multi-story building is centrally air conditioned, heat recovery shall be employed as the primary water heating system. Single family residential clients of the department of Hawaiian home lands and any agency or program that can take advantage of utility rebates shall be exempted from the requirements of this paragraph so they may continue to qualify for utility rebates for solar water heating;

(4) Implement water and energy efficiency practices in operations to reduce waste and increase conservation;

(5) Incorporate principles of waste minimization and pollution prevention, such as reducing, revising, and recycling as a standard operating practice in programs, including programs for waste management in construction and demolition projects and office paper and packaging recycling programs;

(6) Use life cycle cost-benefit analysis to purchase energy efficient equipment such as ENERGY STAR products; use public benefits fee administrator and utility rebates where available to reduce purchase and installation costs; and prioritize appliances that meet the standards required to qualify for public benefits fee administrator rebates; and

(7) Procure environmentally preferable products, including recycled and recycled-content, bio-based, and other resource-efficient products and materials.

(c) With regard to motor vehicles and transportation fuel, each agency shall:

(1) Comply with title 10 Code of Federal Regulations part 490, subpart C, "Mandatory State Fleet Program", if applicable;

(2) Comply with all applicable state laws regarding vehicle purchases;

(3) Once federal and state vehicle purchase mandates have been satisfied, purchase the most fuel-efficient vehicles that meet the needs of their programs; provided that the life cycle cost-benefit analysis of vehicle purchases shall include projected fuel costs;

(4) Purchase alternative fuels and ethanol blended gasoline when available;

(5) Evaluate a purchase preference for biodiesel blends, as applicable to agencies with diesel fuel purchases;

(6) Promote efficient operation of vehicles, including efficient planning of charging system locations and efficient utilization of renewable energy for charging electric vehicles;

(7) Use the most appropriate minimum octane fuel; provided that vehicles shall use 87-octane fuel unless the owner's manual for the vehicle states otherwise or the engine experiences knocking or pinging;

(8) Beginning with fiscal year 2005-2006 as the baseline, collect and maintain, for the life of each vehicle acquired, the following data:

(A) Vehicle acquisition cost;

(B) United States Environmental Protection Agency rated fuel economy;

(C) Vehicle fuel configuration, such as gasoline, diesel, flex-fuel gasoline/E85, and dedicated propane;

(D) Actual in-use vehicle mileage;

(E) Actual in-use vehicle fuel consumption;

(F) Actual in-use annual average vehicle fuel economy; and

(G) Hourly charging data by electric vehicle and electric vehicle charging system;

(9) Beginning with fiscal year 2005-2006 as the baseline with respect to each agency that operates a fleet of thirty or more vehicles, collect and maintain, in addition to the data in paragraph (8), the following:

(A) Information on the vehicles in the fleet, including vehicle year, make, model, gross vehicle weight rating, and vehicle fuel configuration;

(B) Fleet fuel usage, by fuel;

(C) Fleet mileage;

(D) Overall annual average fleet fuel economy and average miles per gallon of gasoline and diesel; and

(E) Hourly charging data by electric vehicle and electric vehicle charging system;

(10) Adopt a preference for the rental of electric vehicles or hybrid vehicles; provided that:

(A) All agencies, when renting a vehicle on behalf of a state employee in the discharge of official government business, shall rent a vehicle of one of the following types, listed in order of preference:

(i) Electric vehicle; or

(ii) Hybrid vehicle;

provided further that the vehicle is available and suitable for the specific travel requirements;

(B) The agency may rent a conventional vehicle only if:

(i) An electric vehicle or hybrid vehicle is not suitable; or

(ii) Neither an electric vehicle nor a hybrid vehicle is available;

(C) An agency shall exercise the policy preference for rental of an electric vehicle or hybrid vehicle notwithstanding the potential higher cost associated with renting an electric vehicle or hybrid vehicle; provided that the rental rate for the electric vehicle or hybrid vehicle is comparable to that of a conventional vehicle of similar class; provided further that the cost premium is consistent with any budgetary constraints and not contradicted by an existing state contract with the rental business entity from which the vehicle is rented; and

(D) To the extent practicable, all agencies shall rent a vehicle pursuant to subparagraph (A) from a rental contractor; and

(11) Plan and coordinate vehicle acquisition to meet the following clean ground transportation goals:

(A) One hundred per cent of light-duty motor vehicles that are passenger cars in the State's fleet shall be zero-emission vehicles by December 31, 2030; and

(B) One hundred per cent of light-duty motor vehicles in the State's fleet shall be zero-emission vehicles by December 31, 2035.

For the purposes of this subsection:

"Light-duty motor vehicle" shall have the same meaning as contained in title 10 Code of Federal Regulations part 490.

"Passenger car" shall have the same meaning as contained in title 49 Code of Federal Regulations section 571.3.

"Zero-emission vehicle" shall have the same meaning as contained in title 40 Code of Federal Regulations section 88.1. [L 2006, c 96, §4; am L 2021, c 73, §3 and c 74, §5; am L 2022, c 188, §1; am L 2025, c 21, §4]
Haw. Rev. Stat. § 171-41 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-41
Commercial, industrial, and other business uses.
Status: in_force

(a) Leases for commercial, industrial, and other business uses shall be made only pursuant to a development plan which provides for careful placement of complementary enterprises consistent with county zoning requirements; except that development plans for leases of parcels in industrial parks developed under section 171-134(b) shall provide for careful placement of complementary enterprises consistent with the final plans and specifications under section 171-134(b). Where a disposition for any such use is made without advance parcelization, the board shall make adequate provisions for the compatibility of the proposed enterprises with any existing surrounding private developments. The board, wherever possible, shall control the landscaping and architecture of the enterprises and protect the public against the creation of nuisances of smoke, soot, irritating odors and gases, and harmful wastes.

(b) The board may sell public land in fee simple for commercial, industrial, or other business uses with the prior approval of the governor and subject to disapproval by two-thirds vote of either the senate or the house of representatives or by majority vote of both in any regular or special session next following the date of disposition; provided the above restrictions shall not apply to any sale of land initially acquired for highway purposes with participating federal funds and which land is later found to be in excess of the need for highway purposes. [L 1962, c 32, pt of §2; am L 1963, c 196, §1; am L 1965, c 239, §20; Supp, §103A-41; HRS §171-41; am L 1972, c 38, §1; am L 1988, c 361, §4]
Haw. Rev. Stat. § 189-1.5 — HI Code / Division 1 / Title 12 / Chapter 189 / Section 189-1.5
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. § 181-3 — HI Code / Division 1 / Title 12 / Chapter 181 / Section 181-3
Prohibitions.
Status: in_force

(a) It shall be unlawful for any person to engage in strip mining without first obtaining from the board of land and natural resources a permit so to do, in the form hereinafter provided.

(b) It shall be unlawful for any operator to cause or permit any poisonous or noxious matter to be discharged into any stream or shore water in such manner as to constitute a public nuisance. [L 1957, c 161, §4; am L 1959, c 20, §3; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; Supp, §98C-4; HRS §181-3]
Haw. Rev. Stat. § 186-4 — HI Code / Division 1 / Title 12 / Chapter 186 / Section 186-4
Classification; rules.
Status: in_force

(a) If the board finds that the property identified in the application is suited for the raising of commercial tree species and other forest products in quantity sufficient to establish a business in the sale thereof, and that the use will not have a significant negative effect on a native forest ecosystem, the property may be classified by the board as tree farm property.

(b) The board shall adopt rules pursuant to chapter 91 necessary for the purposes of this chapter to include procedures, conditions, and fees for establishing tree farms. [L 1963, c 141, §5; Supp, §87D-5; HRS §186-4; am L 1969, c 170, §32; am L 1975, c 157, §29; am L 1989, c 50, §3; am L 1994, c 207, §3]
Haw. Rev. Stat. § 171-36 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-36
Lease restrictions; generally.
Status: reserved

(a) Except as otherwise provided, the following restrictions shall apply to all leases:

(1) Options for renewal of terms are prohibited;

(2) No lease shall be for a longer term than sixty-five years, except in the case of a residential leasehold, which may provide for an initial term of fifty-five years with the privilege of extension to meet the requirements of the Federal Housing Administration, Federal National Mortgage Association, Federal Land Bank of Berkeley, Federal Intermediate Credit Bank of Berkeley, Berkeley Bank for Cooperatives, or Department of Veterans Affairs requirements; provided that the aggregate of the initial term and extension shall in no event exceed seventy-five years;

(3) No lease shall be made for any land under a lease that has more than two years to run;

(4) No lease shall be made to any person who is in arrears in the payment of taxes, rents, or other obligations owed to the State or any county;

(5) No lease shall be transferable or assignable, except by devise, bequest, or intestate succession; provided that with the approval of the board, the assignment and transfer of a lease or unit thereof may be made in accordance with current industry standards, as determined by the board; provided further that prior to the approval of any assignment of lease, the board shall have the right to review and approve the consideration to be paid by the assignee and may condition its consent to the assignment of the lease on payment by the lessee of a premium based on the amount by which the consideration for the assignment, whether by cash, credit, or otherwise, exceeds the depreciated cost of improvements and trade fixtures being transferred to the assignee; provided further that with respect to state agricultural leases, in the event of foreclosure or sale, the premium, if any, shall be assessed only after the encumbrances of record and any other advances made by the holder of a security interest are paid;

(6) The lessee shall not sublet the whole or any part of the demised premises, except with the approval of the board; provided that prior to the approval, the board shall have the right to review and approve the rent to be charged to the sublessee; provided further that in the case where the lessee is required to pay rent based on a percentage of its gross receipts, the receipts of the sublessee shall be included as part of the lessee's gross receipts; provided further that the board shall have the right to review and, if necessary, revise the rent of the demised premises based upon the rental rate charged to the sublessee, including the percentage rent, if applicable, and provided that the rent may not be revised downward;

(7) The lease shall be for a specific use or uses and shall not include waste lands, unless it is impractical to provide otherwise;

(8) Mineral and metallic rights and surface and ground water shall be reserved to the State; and

(9) No lease of public lands, including submerged lands, or any extension of any lease of public lands shall be issued by the State to any person to construct, use, or maintain a sunbathing or swimming pier or to use the lands for those purposes, unless the lease, or any extension thereof, contains provisions permitting the general public to use the pier facilities on the public lands and requiring that a sign or signs be placed on the pier, clearly visible to the public, that indicates the public's right to the use of the pier. The board, at the earliest practicable date, and where legally possible, shall cause all existing leases to be amended to conform to this paragraph. The term "lease", for the purposes of this paragraph, includes month-to-month rental agreements and similar tenancies.

(b) The board, from time to time, upon the issuance or during the term of any intensive agricultural, aquaculture, commercial, mariculture, special livestock, pasture, or industrial lease, may:

(1) Modify or eliminate any of the restrictions specified in subsection (a);

(2) Extend or modify the fixed rental period of the lease; provided that the aggregate of the initial term and any extension granted shall not exceed sixty-five years; or

(3) Extend the term of the lease,

to the extent necessary to qualify the lease for mortgage lending or guaranty purposes with any federal mortgage lending agency, to qualify the lessee for any state or private lending institution loan, private loan guaranteed by the State, or any loan in which the State and any private lender participates, or to amortize the cost of substantial improvements to the demised premises that are paid for by the lessee without institutional financing.

(c) Any extension authorized pursuant to subsection (b) shall be based on the economic life of the improvements as determined by the board or an independent appraiser; provided that the approval of any extension shall be subject to the following:

(1) The demised premises have been used substantially for the purpose for which they were originally leased;

(2) The aggregate of the initial term and any extension granted shall not be for more than sixty-five years;

(3) In the event of a reopening, the rental for any ensuing period shall be the fair market rental at the time of reopening;

(4) Any federal or private lending institution shall be qualified to do business in the State;

(5) Proceeds of any mortgage or loan shall be used solely for the operations or improvements on the demised premises;

(6) Where improvements are financed by the lessee, the lessee shall submit receipts of expenditures within a time period specified by the board or else the lease extension shall be canceled; and

(7) The rules of the board setting forth any additional terms and conditions, which shall ensure and promote the purposes of the demised lands.

(d) The board, at any time during the term of any intensive agricultural, aquaculture, or mariculture lease and when justified by sound economic practices or other circumstances, may permit an alternative agricultural, aquaculture, or mariculture use or uses for any portion or portions of the land demised. As a condition to permitting alternative uses, the board may require any other modifications, including rental adjustments or changes in the lease, as may be necessary to effect or accommodate the alternative use or uses. An alternative use or uses may be allowed by the board upon:

(1) The application of the lessee;

(2) Consent of each holder of record having a security interest in the leasehold; and

(3) A finding by the board that the alternative use or uses are in the public interest.

(e) The board, from time to time during the term of any agriculture, intensive agriculture, aquaculture, commercial, mariculture, special livestock, pasture, or industrial lease, may modify or eliminate any of the restrictions specified in subsection (a), extend or modify the fixed rental period of the lease, or extend the term of the lease upon a showing of significant economic hardship directly caused by:

(1) State disaster, pursuant to chapter 209, including seismic or tidal wave, tsunami, hurricane, volcanic eruption, typhoon, earthquake, flood, or severe drought; or

(2) A taking of a portion of the area of the lease by government action by eminent domain, withdrawal, or conservation easement; provided that the portion taken shall not be less than ten per cent of the entire leased area unless otherwise approved by the board; and provided that the board determines that the lessee will not be adequately compensated pursuant to the lease provisions.

(f) The approval of any extension granted pursuant to subsection (e) shall be subject to the following:

(1) The demised premises have been used substantially for the purposes for which they were originally leased;

(2) The aggregate of the initial term and any extension granted shall not be for more than fifty-five years;

(3) The rental shall not be less than the rental for the preceding term;

(4) The rules of the board setting forth any additional terms and conditions, which shall ensure and promote the purposes of the demised lands; and

(5) The length of the extension shall not exceed a reasonable length of time for the purpose of providing relief and shall in no case exceed five years. [L 1962, c 32, pt of §2; am L 1965, c 239, §18; Supp, §103A-36; am L 1967, c 234, §14; HRS §171-36; am L 1969, c 217, §1; am L 1971, c 19, §1 and c 38, §1; am L 1976, c 196, §1; am L 1978, c 191, §1; am L 1982, c 37, §1 and c 55, §1; am L 1988, c 159, §2; am L 1989, c 104, §1; am L 1990, c 242, §1; am L 1992, c 283, §1; am L 1994, c 114, §1; am L 1997, c 67, §1, c 206, §1, c 258, §6, and c 286, §1; am L 1999, c 160, §21; am L 2000, c 261, §§2, 5; am L 2002, c 68, §2, c 103, §1, and c 180, §1; am L 2005, c 129, §2; am L 2011, c 207, §1; am L 2017, c 12, §1; am L 2019, c 111, §1]
Haw. Rev. Stat. § 200-17 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-17
Designated slip for Coast Guard auxiliary.
Status: in_force

(a) The department may designate one boat slip, that is not contiguous to the United States Coast Guard, in each harbor to be dedicated to a Coast Guard auxiliary vessel and designated as an auxiliary operational facility. The slip shall be occupied by a Coast Guard auxiliary vessel that shall be equipped and operated to answer emergency search and rescue calls. The Coast Guard shall pay the regular slip rate.

(b) The department may adopt rules pursuant to chapter 91 in consultation with the United States Coast Guard to implement this section. [L 1995, c 86, §1]
Haw. Rev. Stat. § 171-174 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-174
[ §171-174] Lease of Turtle Bay lands.
Status: in_force

[ §171-174] Lease of Turtle Bay lands. Notwithstanding any law to the contrary, the board of land and natural resources may, without public auction, lease lands purchased in fee simple pursuant to section 171-171, to the grantor of the conservation easement or its successor in interest. The purpose of the lease shall be for the protection, preservation, and enhancement of natural resources, while maintaining public access. The lease rental shall be on a nominal basis, shall not exceed a term of sixty-five years, and be upon such other terms and conditions as the board may determine.
Haw. Rev. Stat. § 196D-6 — HI Code / Division 1 / Title 12 / Chapter 196D / Section 196D-6
Interagency group.
Status: in_force

(a) The department shall establish an interagency group comprised of those agencies whose permitting functions are not transferred by section 196D-10 to the department for the purposes of the project and which have jurisdiction over any aspect of the project. Each of these agencies shall designate an appropriate representative to serve on the interagency group as part of the representative's official responsibilities. The interagency group shall perform liaison and assisting functions as required by this chapter and the department. The department shall invite and encourage the appropriate federal agencies having jurisdiction over any aspect of the project to participate in the interagency group.

(b) The department and agencies shall cooperate with the federal agencies to the fullest extent possible to minimize duplication between and, where possible, promote consolidation of federal and state requirements. To the fullest extent possible, this cooperation shall include, among other things, joint environmental impact statements with concurrent public review and processing at both levels of government. Where federal law has requirements that are in addition to but not in conflict with state law requirements, the department and the agencies shall cooperate to the fullest extent possible in fulfilling their requirements so that all documents shall comply with all applicable laws.

(c) If the legislature establishes any public corporation or authority for the purposes of the project, then upon its establishment, the public corporation or authority shall be a member of the interagency group. [L 1988, c 301, pt of §1]
Haw. Rev. Stat. § 188-35 — HI Code / Division 1 / Title 12 / Chapter 188 / Section 188-35
Fishing in certain waters.
Status: in_force

(a) Except as otherwise provided in this section, it is unlawful for any person to fish in or take aquatic life from the waters:

(1) Of the Waikiki reclamation canal, Oahu;

(2) Of the drainage canal constructed in connection with Kapiolani Boulevard, Oahu;

(3) Of the Kapalama drainage canal, Oahu;

(4) Off Heeia-Kea wharf, Oahu;

(5) Within that portion of Waialua Bay delineated on the seaward boundary by lines drawn one hundred yards seaward of and parallel to the Haleiwa Harbor Breakwater and one hundred yards seaward of and parallel to the Haleiwa Beach Groin including the extension to the intercept of these lines and the inland boundary consisting of a line drawn ten yards downstream of and parallel to the Anahulu Bridge, Oahu;

(6) Within that portion of Pokai Bay including the Pokai Boat Harbor and the Waianae Small Boat Harbor delineated on the seaward boundary by a straight line drawn from Kaneilio Point to Lahilahi Point with the northwestern boundary to be delineated by a straight line extending from the southernmost tip of the point immediately seaward of Waianae High School on a southwest azimuth to the intercept of the seaward boundary extending from Kaneilio Point to Lahilahi Point, Oahu; and

(7) Of the Kapaa and Waikaea canals, Kauai.

(b) With reference to any of the places or areas named above, any person may, subject to applicable laws and rules, fish with one line, or one rod and line, provided the line shall not have more than two hooks; or may take crabs with not more than ten nets, provided the nets shall not exceed two feet in diameter; or may take shrimps for bait purposes only with a hand net, provided the net shall not exceed three feet in any dimension; provided that in the Waikiki reclamation canal any person may take up to fifty tabai or mosquito fish, or o`opu akupa, or tilapia or any combination thereof, per day, for noncommercial purposes only, with a single small mesh net, provided that the net including any handle and other attachment thereto shall not exceed three feet in any dimension.

(c) An owner or operator of a fishpond may take pua or other small fish, using nets, with a license obtained from the department of land and natural resources and under rules the department may adopt, for the purpose of stocking the fishpond.

(d) Commercial marine licensees, with a license from the department of land and natural resources, may take nehu, iao, or any other species of baitfish as authorized by section 188-45, using nets for bait purposes only.

(e) The department may issue licenses at its discretion and at any time may revoke any or all licenses when, in its judgment, the action is necessary to preserve the stock of fish in the canals or waters. [L 1923, c 41, §§1, 2; RL 1925, §770; RL 1935, §384; am L 1943, c 26, §1 and c 195, §§1, 2; RL 1945, §1231; am L 1947, c 19, §1; am L 1949, c 154, §1; am L 1951, c 58, §1; am L 1955, c 118, §1; RL 1955, §21-68; am L 1957, c 230, §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 29, §1 and c 132, §2; HRS §188-35; am L 1974, c 169, §1; am L 1978, c 164, §1; am L 1979, c 38, §1; am L 1981, c 85, §44; am L 1983, c 145, §1; am L 1987, c 21, §1; am L 1989, c 101, §1; am L 1993, c 80, §1]
Haw. Rev. Stat. § 174C-86 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-86
Well construction and pump installation standards.
Status: in_force

(a) The commission shall adopt minimum standards for the construction of wells and the installation of pumps and pumping equipment. The standards shall be such as to ensure the safe and sanitary maintenance and operation of wells, the prevention of waste, and the prevention of contamination of the waters. The minimum standards for well construction shall include the criteria for well location and the procedures for grouting, sealing, capping, and plugging wells. They shall also provide for the installation of devices to measure the amount of ground water being withdrawn from the wells. The minimum standards for the installation of pumps and pumping equipment shall include the required equipment characteristics and construction.

(b) If any well construction or pump installation standard is violated and as a consequence ground water is wasted or any well is contaminated, the commission, after giving notice of the defect to the owner of the land on which the well is located and giving such owner a reasonable time to correct the defect, may itself correct the defect and charge the landowner for the cost of such correction. Such cost constitutes a lien on the land until paid. The lien may be foreclosed in any court of competent jurisdiction, and in such foreclosure suit, the court shall allow the commission reasonable attorney's fees. [L 1987, c 45, pt of §2]
Haw. Rev. Stat. § 187A-23 — HI Code / Division 1 / Title 12 / Chapter 187A / Section 187A-23
Konohiki rights.
Status: reserved

(a) The fishing grounds from the reefs, and where there happens to be no reefs, from the distance of one geographical mile seaward of the beach at low watermark, in law, shall be considered the private fishery of the konohiki, whose lands by ancient regulations, belong to the same. These vested fishing rights for the private fishery must be established by proceedings in conformity with section 96 of the Organic Act, and for which judgment has been entered in any circuit court. The established private fishery shall not be disturbed, except to the extent of the reservations and prohibitions set forth in this section, or by law or rule.

(b) The konohiki shall be considered in law to hold the private fishery for the equal use by the konohiki and the tenants on their respective lands, and the tenants shall be allowed to take for home consumption or commercial purposes, any aquatic life of the fisheries, subject to the restrictions imposed by the konohiki as provided in this section, or by law or rule.

(c) A konohiki each year may set apart one given species or variety of aquatic life natural to the private fishery, by giving public notice by posting at least three written or printed notices in conspicuous places on the land or fishery, to the tenants and others residing on the land, signifying by name, the kind of aquatic life which has been set apart for exclusive use by the konohiki; provided that the konohiki may not reserve more than one kind of aquatic life, if the konohiki possesses other private fisheries which are immediately adjacent to each other. The notice shall be substantially in the following form:

NOTICE

Fishing for (name of aquatic life) in private fishery

is hereby prohibited between (specific period).

_______________________

Konohiki.

The specific aquatic life set apart shall be exclusively for the use of the konohiki within the specified period, and neither the tenants nor others shall take the reserved aquatic life within the private fishery. The konohiki may bring legal action against any person to recover the value of the reserved aquatic life which has been taken within the private fishery.

(d) The konohiki, upon consultation with the tenants of their lands and in lieu of setting apart one given species or variety of aquatic life for exclusive use as allowed in this section, may prohibit during certain months of the year, all taking of aquatic life within the private fishery; provided that during the fishing season within the private fishery, the konohiki may exact up to one-third of the aquatic life taken within the private fishery from each fisher among the tenants. In such case, the konohiki shall give notice as prescribed in this section.

(e) If the specific aquatic life which has been reserved within the private fishery for exclusive use by the konohiki goes onto the public fishing grounds, such aquatic life may be taken by any person.

(f) The konohiki shall not have any power to impose any tax or restriction upon the tenants regarding the private fisheries, except as provided by this section, or by law or rule.

(g) The vested fishing rights for a private fishery when established may be condemned for use as a public ground; provided that the private fishery shall continue until judgment is entered upon the condemnation proceedings and the compensation named therein has been paid or tendered to the konohiki, or others interested therein, or until an order of possession has been issued as provided in sections 101-28 to 101-32.

(h) Any person who takes any aquatic life which has been set apart for the konohiki's exclusive use or to which the konohiki is otherwise entitled as provided in this section or who aids and abets the taking or who without lawful authority fishes in or upon the private fishery shall be punished as provided in section 187A-13. [L 1985, c 94, pt of §1]
Haw. Rev. Stat. § 188-22.7 — HI Code / Division 1 / Title 12 / Chapter 188 / Section 188-22.7
Miloli`i fisheries management area.
Status: in_force

The Miloli`i fisheries management area, as defined in the administrative rules of the department of land and natural resources, shall be designated a community-based subsistence fishing area, as provided in section 188-22.6. The department of land and natural resources shall adopt management strategies and other rules consistent with section 188-22.6 that:

(1) Ensure long-term sustainable populations of fish and other marine species; and

(2) Encourage the scientific study and understanding of subsistence fishing management. [L 2005, c 232, §2]
Haw. Rev. Stat. § 184-5.5 — HI Code / Division 1 / Title 12 / Chapter 184 / Section 184-5.5
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 to recover administrative fees and costs as documented by receipts or affidavits, including attorney's fees and costs; or bring legal action to recover administrative fines, fees, and costs, including attorney's fees and costs; or payment for damages or for the cost to correct damages resulting from a violation of this chapter, any rule adopted, or permit issued thereunder.

(b) 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, by a fine of not more than $10,000.

(c) In addition, a fine of up to $5,000 may be levied for each:

(1) Archaeological or historical feature appropriated, damaged, removed, excavated, disfigured, defaced, or destroyed;

(2) Geological feature destroyed, disturbed, mutilated, dug, removed, excavated, quarried, blasted, or exploded;

(3) Public property destroyed, defaced, removed, damaged, or possessed;

(4) Wildlife molested, disturbed, injured, trapped, taken, caught, possessed, poisoned, introduced, or killed; or

(5) Habitat disturbed,

in violation of this chapter or any rule adopted thereunder.

(d) Any criminal penalty for any violation of this chapter or any rule adopted thereunder shall not be deemed to preclude the State from recovering additional administrative fines, fees, and costs, including attorney's fees and costs. [L 2002, c 24, §1]
Haw. Rev. Stat. § 189-14 — HI Code / Division 1 / Title 12 / Chapter 189 / Section 189-14
Rights of entry, penalties.
Status: in_force

The department may board any vessel, whether commercial or non-commercial, capable of being used in taking marine life, or enter any place of business where marine life is sold, stored, processed, cooked, canned, or cured, for purposes of investigation and inspection, and inspect any and all books and records containing account of the marine life taken, bought, or sold.

Any person who fails to permit an inspection as provided in this section, or who refuses to produce any book or record containing any information of the marine life taken, bought, or sold, and any person who interferes with any officer or agent of the department in the performance of the officer's or agent's duty as authorized in this section, shall be guilty of a petty misdemeanor and punished as provided by section 189-4. [L 1929, c 235, §§1, 2; RL 1935, §338; RL 1945, §1268; RL 1955, §21-126; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §189-14; am L 1981, c 85, §87; gen ch 1985; am L 1999, c 195, §8]
Haw. Rev. Stat. § 196-85 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-85
Minimum efficiency standards.
Status: in_force

The following minimum efficiency standards shall apply to products listed or incorporated in section 196-84:

(1) Computers and computer monitors shall meet the requirements set forth in California Code of Regulations, Title 20, Section 1605.3, as amended;

(2) Faucets shall meet the minimum efficiency standards set forth in California Code of Regulations, Title 20, Section 1605.1, as amended;

(3) High color rendering index fluorescent lamps shall meet the minimum efficacy requirements contained in title 10 Code of Federal Regulations section 430.32(n)(4), as in effect on January 3, 2017, as measured in accordance with title 10 Code of Federal Regulations part 430, appendix R to subpart B --"Uniform Test Method for Measuring Average Lamp Efficacy (LE), Color Rendering Index (CRI), and Correlated Color Temperature (CCT) of Electric Lamps"--as amended;

(4) Portable electric spas shall meet the requirements of the American National Standard for Portable Electric Spa Energy Efficiency (ANSI/APSP/ICC 14-2019);

(5) In-line residential ventilating fans shall have a fan motor efficacy of not less than 2.8 cubic feet per minute per watt. All other residential ventilating fans shall have a fan motor efficacy of not less than 1.4 cubic feet per minute per watt for airflows less than ninety cubic feet per minute and not less than 2.8 cubic feet per minute per watt for other airflows when tested in accordance with Home Ventilation Institute Publication 916 "HVI Airflow Test Procedure";

(6) Showerheads shall meet the minimum efficiency standards set forth in California Code of Regulations, Title 20, Section 1605.1, as amended;

(7) Spray sprinkler bodies that are not specifically excluded from the scope of the Environmental Protection Agency's WaterSense Specification for Spray Sprinkler Bodies, Version 1.0, shall include an integral pressure regulator and shall meet the water efficiency and performance criteria and other requirements of that specification, as amended;

(8) Toilets, water closets, and urinals, other than those designed and marketed exclusively for use at prisons or mental health facilities, shall meet the standards shown in subparagraphs (A) to (D) when tested in accordance with title 10 Code of Federal Regulations Part 430, appendix T to subpart B -- "Uniform Test Method for Measuring the Water Consumption of Water Closets and Urinals" -- and toilets shall pass the waste extraction test for water closets (Section 7.9) of the American Society of Mechanical Engineers A112.19.2/CSA B45.1-2018:

(A) Wall-mounted urinals, except for trough-type urinals and urinals designed and marketed exclusively for use in prisons and mental health care facilities, shall have a maximum flush volume of 0.5 gallon per flush;

(B) Floor-mounted urinals, except for trough-type urinals and urinals designed and marketed exclusively for use in prisons and mental health care facilities, shall have a maximum flush volume of 0.5 gallon per flush;

(C) Toilets, except for dual-flush tank-type toilets and toilets designed and marketed exclusively for use in prisons and mental health care facilities, shall have a maximum flush volume of 1.28 gallons per flush; and

(D) Dual-flush tank-type toilets shall have a maximum dual-flush effective flush volume of 1.28 gallons per flush. As used in this subparagraph, "dual-flush effective flush volume" means the average flush volume of two reduced flushes and one full flush; and

(9) Water coolers included in the scope of the ENERGY STAR Program Requirements Product Specification for Water Coolers, Version 2.0, shall have an on mode with no water draw energy consumption less than or equal to the following values as measured in accordance with the test requirements of that program:

(A) 0.16 kilowatt-hour per day for cold-only units and cook and cold units. As used in this subparagraph, "cold-only units" means water cooler units that dispense cold water only;

(B) 0.87 kilowatt-hour per day for storage-type hot and cold units. As used in this subparagraph:

"Hot and cold units" means water coolers that dispense hot and cold water.

"Storage-type" means water cooler units in which thermally conditioned water is stored in a tank in the water cooler and is available instantaneously, including point-of-use, dry storage compartment, and bottled water coolers; and

(C) 0.18 kilowatt-hour per day for on-demand hot and cold units. As used in this subparagraph:

"Hot and cold units" means water coolers that dispense both hot and cold water.

"On-demand" means a water cooler unit in which water is heated as it is requested, which typically takes a few minutes to deliver. [L 2019, c 141, pt of §2; am L 2023, c 224, §5]
Haw. Rev. Stat. § 186-3 — HI Code / Division 1 / Title 12 / Chapter 186 / Section 186-3
Applications; management plans.
Status: in_force

(a) The owner of any property which complies with the requirements specified in section 186-2 may apply to the board for classification of the owner's property as tree farm property. The application shall comply with rules adopted by the department to implement this section and shall include any additional information required by the board. The application shall be signed by all persons having an interest in or holding any encumbrance upon the property and shall state that all of them will comply with the management plan upon its approval.

(b) All public hearings required by statute or rules of the department shall be held before any management plan is approved. The management plan shall be available to the public not less than thirty days before approval. Notice of its availability shall be published in the bulletin of the office of planning and sustainable development. The plan shall be reviewed periodically by the board or its employees or authorized agents at intervals of no more than every five years. The review shall determine whether the owner has met the objectives in the management plan. The board may approve or require in consultation with the landowner alteration of the management plan to adapt to current conditions. [L 1963, c 141, §4; Supp, §87D-4; HRS §186-3; gen ch 1985; am L 1989, c 50, §2; am L 1994, c 207, §2; am L 2021, c 152, §16 and c 153, §9]
Haw. Rev. Stat. § 183-32 — HI Code / Division 1 / Title 12 / Chapter 183 / Section 183-32
Use of funds, etc.
Status: in_force

Such funds as may be appropriated shall only be used by the department of land and natural resources (1) to acquire by purchase or exchange any land, or any interest in any land, within an area which the department has, pursuant to section 183-31 determined to be a watershed and (2) to acquire by condemnation forest reserve easements in any such area; provided that no land shall be subject to such condemnation by the department if the owner thereof, prior to commencement of condemnation proceedings, has surrendered in perpetuity the care, custody, and control of the land to the State as a forest reserve; provided that no funds appropriated by this part shall be used to condemn all or any portion of, or any interest in, any parcel of land now held in fee simple by one or more persons, which parcel has a total area of twenty acres or less, if on July 1, 1949, any portion of the parcel was improved or used for residential purposes, unless the lot or lots are, after July 1, 1949, subdivided for transfer of title into lot sizes of less than one-third acre, in which case all the lots of less than one-third acre may be condemned, and the prohibition thereof shall also be applicable to any lots into which any such parcel shall be subdivided whether or not the lots after the subdivision shall be improved or unimproved. Nothing herein shall prevent the department to accept surrenders for a term of years as provided in section 183-15.

The term "forest reserve easement" as used in this part means and includes the right to the possession and control of land for the purposes of protecting and promoting forest growth thereon and of protecting the surface and underground waters from pollution or contamination, including, without limitation to the general­ity of the foregoing, the right to exclude the owner in fee (except as hereinafter provided) and all others from the land; provided that the term shall not include any water right, nor shall it authorize the department to deprive the fee simple owner or the owner's lessee of the right to enter upon the owner's land for the purpose of taking, developing, or storing water, or for any other purpose incidental to the full use and enjoyment of the owner's water rights, or of any other rights in the land, provided reasonable means be taken to prevent undue destruction of forest cover and pollution or contamination of water by such activity.

When any forest reserve easement is acquired, the department shall protect and promote the forest growth thereon to the end that the water rights of the fee simple owner will not be impaired. [L 1949, c 274, §3; RL 1955, §19-22; am L 1959, c 263, §4(a); am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §1; HRS §183-32; gen ch 1985]
Haw. Rev. Stat. § 179D-3 — HI Code / Division 1 / Title 12 / Chapter 179D / Section 179D-3
Definitions.
Status: in_force

The following terms, whenever used and referred to in this chapter, shall have the following meanings, unless a different meaning clearly appears in the context:

"Application approval" means authorization in writing issued by the board to an owner who has applied to the board for permission to construct, enlarge, repair, alter, remove, maintain, or operate a dam or reservoir and that specifies the condition or limitations under which work is to be performed by the owner or under which approval is granted.

"Appurtenant works" or "appurtenance" means any structure, such as spillways in the dam or separate therefrom, the reservoir and its rim, low level outlet works, and water conduits, such as tunnels, pipelines, or penstocks, through the dam or its abutment.

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

"Certificate of approval to impound" means authorization in writing issued by the board to an owner of an existing dam or reservoir, or an owner who has completed construction, enlargement, repair, or alteration of a dam or reservoir, that specifies the conditions or limitations under which the dam or reservoir is to be maintained and operated.

"Dam" means any artificial barrier, including appurtenant works that impounds or diverts water and that:

(1) Is twenty-five feet or more in height from the natural bed of the stream or watercourse measured at the downstream toe of the barrier, or from the lowest elevation of the outside limit of the barrier if it is not across a stream channel or watercourse to a maximum water storage elevation;

(2) Has an impounding capacity at maximum water storage elevation of fifty acre-feet or more. This chapter shall not apply to any artificial barrier that is less than six feet in height regardless of storage capacity or that has a storage capacity at maximum water storage elevation less than fifteen acre-feet regardless of height; or

(3) Meets additional criteria or is specifically exempt as determined pursuant to rules adopted by the board.

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

"Emergency" includes but is not limited to breaches and all conditions leading to or causing a breach, overtopping, or any other condition in a dam or reservoir and its appurtenant works that may be construed as unsafe or threatening to life and property.

"Enlargement" means any change in or addition to an existing dam or reservoir that raises or may raise the water storage elevation of the water impounded by the dam or reservoir.

"Hazard potential" means the possible adverse incremental consequences that result from the release of water or stored contents due to the failure of the dam or reservoir or the misoperation of the dam, reservoir, or appurtenances. The hazard potential classification of a dam or reservoir shall not reflect in any way on the current condition of the dam or reservoir and its appurtenant works, including the dam's or reservoir's safety, structural integrity, or flood routing capacity.

"High hazard" means a dam's or reservoir's failure will result in probable loss of human life.

"Low hazard" means a dam's or reservoir's failure will result in no probable loss of human life and low economic loss or environmental loss, or both. Economic losses are principally limited to the owner's property.

"Operator" means any person who controls, manages, maintains, or supervises the condition and functions of a dam or reservoir.

"Owner" means any person who has a right, title, or interest in or to the dam or reservoir or to the property upon which the dam, reservoir, or appurtenant works is located or proposed to be located.

"Person" means any natural person, partnership, firm, association, organization, corporation, county, county authority, trust, receiver or trustee, limited liability company, limited liability partnership, or company, or any state department, agency, or political subdivision, or any other commercial or legal entity. Whenever used in a section prescribing and imposing a penalty or sanction, the term "person" includes the members of an association or organization, and the officers of a corporation, company, county, or county authority.

"Physical clear access" means a roadway or path that allows timely access for inspection to a dam, reservoir, and its appurtenant works. If by a roadway, the roadway shall be maintained in an accessible condition by a four-wheel drive vehicle even during inclement weather conditions.

"Probable" means more likely than not to occur; reasonably expected; realistic.

"Removal" means complete or partial elimination of the dam or reservoir embankment or structure to restore the approximate original topographic contours of the valley.

"Reservoir" means any basin that contains or will contain water impounded by a dam, including appurtenant works.

"Significant hazard" means a dam's or reservoir's failure will result in no probable loss of human life but can cause major economic loss, environmental damage, disruption of lifeline facilities, or impact other concerns. Significant hazard potential classification dams or reservoirs are often located in predominantly rural or agricultural areas but could be located in areas with population and significant infrastructure. [L 1987, c 199, pt of §1; am L 2007, c 262, §5]
Haw. Rev. Stat. § 183D-13 — HI Code / Division 1 / Title 12 / Chapter 183D / Section 183D-13
Interstate wildlife violator compact.
Status: in_force

(a) The department may enter into the interstate wildlife violator compact or similar agreement, whether in the form of a memorandum of understanding, written agreement, or mutual aid compact, with an appropriate state, federal, or foreign entity for mutual assistance in the enforcement of hunting, fishing, and other wildlife laws, rules, or regulations in their respective jurisdictions.

(b) The department may adopt rules pursuant to chapter 91 necessary to implement this section. [L 2021, c 142, §2]
Haw. Rev. Stat. § 196-7 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-7
Placement of solar energy devices.
Status: in_force

(a) Notwithstanding any law to the contrary, no person shall be prevented by any covenant, declaration, bylaws, restriction, deed, lease, term, provision, condition, codicil, contract, or similar binding agreement, however worded, from installing a solar energy device on any single-family residential dwelling or townhouse that the person owns. Any provision in any lease, instrument, or contract contrary to the intent of this section shall be void and unenforceable.

(b) Every private entity shall adopt rules by December 31, 2006, that provide for the placement of solar energy devices, and revise those rules as necessary by July 1, 2011. The rules shall facilitate the placement of solar energy devices and shall not impose conditions or restrictions that render the device more than twenty-five per cent less efficient or increase the cost of installation, maintenance, and removal of the device by more than fifteen per cent. No private entity shall assess or charge any homeowner any fees for the placement of any solar energy device.

(c) Any person may place a solar energy device on any single-family residential dwelling or townhouse unit owned by that person, provided that:

(1) The device is in compliance with the rules and specifications adopted pursuant to subsection (b);

(2) The device is registered with the private entity of record within thirty days of installation; and

(3) If the device is placed on a common element or limited common element as defined by a project's declaration, the homeowner shall first obtain the consent of the private entity; provided further that such consent shall be given if the homeowner agrees in writing to:

(A) Comply with the private entity's design specification for the installation of the device;

(B) Engage a duly licensed contractor to install the device; and

(C) Within fourteen days of approval of the solar device by the private entity, provide a certificate of insurance naming the private entity as an additional insured on the homeowner's insurance policy.

(d) If a solar energy device is placed on a common element or limited common element:

(1) The owner and each successive owner of the single-family residential dwelling or townhouse unit on which the device is placed shall be responsible for any costs for damages to the device, the common elements, limited common elements, and any adjacent units, arising or resulting from the installation, maintenance, repair, removal, or replacement of the device . The repair, maintenance, removal, and replacement responsibilities shall be assumed by each successive owner until the solar energy device has been removed from the common elements or limited common elements. The owner and each successive owner shall at all times have and maintain a policy of insurance covering the obligations of the owner under this paragraph and shall name the private entity as an additional insured under said policy; and

(2) The owner and any successive owner of the single-family residential dwelling or townhouse unit on which the device is placed shall be responsible for removing the solar energy device if reasonably necessary or convenient for the repair, maintenance, or replacement of the common elements or limited common elements.

(e) If there is an existing contractor's guarantee or manufacturer's labor or material warranty on the roof, roofing membrane, or roofing material on a roof that is a common element or limited common element, the contractor that installs a solar energy device on the roof shall notify the private entity in writing that the installation of a solar energy device may affect or void the roofing guarantees or warranties. If the private entity chooses to forgo the roofing guarantee or warranty, the contractor that installs a solar energy device shall obtain that decision in writing. Otherwise, the contractor that installs a solar energy device shall obtain the roofing manufacturer's written approval for that project and follow the roofing manufacturer's written instructions for waterproofing roof penetrations for the specific roofing material or coordinate the waterproofing with the contractor that issued the guarantee or warranty. If the penetrations for the installation of a solar energy device are waterproofed by the roofing contractor that provided the existing guarantee or warranty, the roofing contractor shall maintain the existing guarantee or warranty; provided that if either the roofing contractor's guaranty or the roofing manufacturer's warranty is no longer in effect, the contractor who installs the solar energy device and waterproofs the penetrations in accordance with this section shall apply the contractor's or lessor's standard labor and workmanship warranty. The homeowner shall provide the private entity with a copy of the applicable guarantee or warranty.

(f) For the purposes of this section:

"Private entity" means any association of homeowners, community association, condominium association, cooperative, or any other non-governmental entity with covenants, bylaws, and administrative provisions with which the homeowner's compliance is required .

"Solar energy device" means any identifiable facility, equipment, apparatus, or the like, including a photovoltaic cell application, that is applicable to a single-family residential dwelling or townhouse and makes use of solar energy for heating, cooling, or reducing the use of other types of energy dependent upon fossil fuel for generation; provided that "solar energy device" shall not include skylights or windows. [L 1992, c 268, §1; am L 2005, c 157, §2; am L 2010, c 201, §§1, 2; am L 2014, c 106, §2]
Haw. Rev. Stat. § 194-7 — HI Code / Division 1 / Title 12 / Chapter 194 / Section 194-7
Rules.
Status: in_force

[§194-7 Rules.] The invasive species council may adopt rules pursuant to chapter 91, to effectuate this [chapter].
Haw. Rev. Stat. § 171-43.1 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-43.1
Lease to eleemosynary organizations.
Status: in_force

The board may lease, at a nominal consideration, by direct negotiation and without recourse to public auction, public lands to an eleemosynary organization which has been certified to be tax exempt under sections 501(c)(1) or 501(c)(3) of the Internal Revenue Code of 1986, as amended. The lands shall be used by such eleemosynary organizations for the purposes for which their charter was issued and for which they were certified by the Internal Revenue Service.
Haw. Rev. Stat. § 171-2 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-2
Definition of public lands.
Status: reserved

[Section effective until L 2025, c 289 takes effect. For section effective after L 2025, c 289 takes effect, see below.] "Public lands" means all lands or interest therein in the State classed as government or crown lands previous to August 15, 1895, or acquired or reserved by the government upon or subsequent to that date by purchase, exchange, escheat, or the exercise of the right of eminent domain, or in any other manner; including lands accreted after May 20, 2003, and not otherwise awarded, submerged lands, and lands beneath tidal waters that are suitable for reclamation, together with reclaimed lands that have been given the status of public lands under this chapter, except:

(1) Lands designated in section 203 of the Hawaiian Homes Commission Act, 1920, as amended;

(2) Lands set aside pursuant to law for the use of the United States;

(3) Lands being used for roads and streets;

(4) Lands to which the United States relinquished the absolute fee and ownership under section 91 of the Hawaiian Organic Act before the admission of Hawaii as a state of the United States unless subsequently placed under the control of the board of land and natural resources and given the status of public lands in accordance with the state constitution, the Hawaiian Homes Commission Act, 1920, as amended, or other laws;

(5) Lands to which the University of Hawaii holds title;

(6) Non-ceded lands set aside by the governor to the Hawaii housing finance and development corporation or lands to which the Hawaii housing finance and development corporation in its corporate capacity holds title;

(7) Lands to which the Hawaii community development authority in its corporate capacity holds title;

(8) Lands set aside by the governor to the Hawaii public housing authority or lands to which the Hawaii public housing authority in its corporate capacity holds title;

(9) Lands to which the department of agriculture and biosecurity holds title by way of foreclosure, voluntary surrender, or otherwise, to recover moneys loaned or to recover debts otherwise owed the department under chapter 167;

(10) Lands that are set aside by the governor to the Aloha Tower development corporation, lands leased to the Aloha Tower development corporation by any department or agency of the State, or lands to which the Aloha Tower development corporation holds title in its corporate capacity;

(11) Lands that are set aside by the governor to the agribusiness development corporation, lands leased to the agribusiness development corporation by any department or agency of the State, or lands to which the agribusiness development corporation in its corporate capacity holds title;

(12) Lands to which the Hawaii technology development corporation in its corporate capacity holds title;

(13) Lands to which the department of education holds title;

(14) Lands to which the stadium authority holds title;

(15) Lands to which the school facilities authority holds title; and

(16) Lands that are set aside by the governor to the department of transportation, lands leased to the department of transportation by any department or agency of the State, or lands to which the department of transportation holds title;

provided that, except as otherwise limited under federal law and except for state land used as an airport as defined in section 262-1, public lands shall include the air rights over any portion of state land upon which a county mass transit project is developed after July 11, 2005; provided further that if the lands pursuant to paragraph (6) are no longer needed for housing finance and development purposes, the lands shall be returned to the agency from which they were obtained; provided further that if the lands pursuant to paragraph (14) are no longer needed for the stadium development district or related purposes, the lands shall be returned to the public land trust administered by the department. [L 1962, c 32, pt of §2; am L 1965, c 239, §37; Supp, §103A-2; HRS §171-2; am L 1981, c 116, §1; am L 1984, c 19, §1; am L 1987, c 337, §7(1); am L 1989, c 27, §2; am L 1990, c 86, §12; am L 1997, c 350, §14; am L 1998, c 102, §2 and c 176, §6; am L 2003, c 47, §1, c 73, §2, and c 93, §2; am L 2005, c 196, §26(b); am L 2006, c 180, §16; am L 2012, c 56, §1 and c 282, §2; am L 2013, c 38, §2; am L 2015, c 240, §4; am L 2017, c 69, §4; am L 2018, c 210, §4; am L 2019, c 272, §5; am L 2021, c 146, §4 and c 217, §7; am L 2022, c 191, §1; am L 2024, c 109, §2 ; am L 2025, c 236, §17]

§171-2 Definition of public lands. [Section effective after L 2025, c 289 takes effect. For section effective until L 2025, c 289 takes effect, see above.] "Public lands" means all lands or interest therein in the State classed as government or crown lands previous to August 15, 1895, or acquired or reserved by the government upon or subsequent to that date by purchase, exchange, escheat, or the exercise of the right of eminent domain, or in any other manner; including lands accreted after May 20, 2003, and not otherwise awarded, submerged lands, and lands beneath tidal waters that are suitable for reclamation, together with reclaimed lands that have been given the status of public lands under this chapter, except:

(1) Lands designated in section 203 of the Hawaiian Homes Commission Act, 1920, as amended;

(2) Lands set aside pursuant to law for the use of the United States;

(3) Lands being used for roads and streets;

(4) Lands to which the United States relinquished the absolute fee and ownership under section 91 of the Hawaiian Organic Act before the admission of Hawaii as a state of the United States unless subsequently placed under the control of the board of land and natural resources and given the status of public lands in accordance with the state constitution, the Hawaiian Homes Commission Act, 1920, as amended, or other laws;

(5) Lands to which the University of Hawaii holds title;

(6) Non-ceded lands set aside by the governor to the Hawaii housing finance and development corporation or lands to which the Hawaii housing finance and development corporation in its corporate capacity holds title;

(7) Lands to which the Hawaii community development authority in its corporate capacity holds title;

(8) Lands set aside by the governor to the Hawaii public housing authority or lands to which the Hawaii public housing authority in its corporate capacity holds title;

(9) Lands to which the department of agriculture and biosecurity holds title by way of foreclosure, voluntary surrender, or otherwise, to recover moneys loaned or to recover debts otherwise owed the department under chapter 167;

(10) Lands that are set aside by the governor to the Aloha Tower development corporation, lands leased to the Aloha Tower development corporation by any department or agency of the State, or lands to which the Aloha Tower development corporation holds title in its corporate capacity;

(11) Lands that are set aside by the governor to the agribusiness development corporation, lands leased to the agribusiness development corporation by any department or agency of the State, or lands to which the agribusiness development corporation in its corporate capacity holds title;

(12) Lands to which the Hawaii technology development corporation in its corporate capacity holds title;

(13) Lands to which the department of education holds title;

(14) Lands to which the stadium authority holds title;

(15) Lands to which the school facilities authority holds title;

(16) Lands that are set aside by the governor to the department of transportation, lands leased to the department of transportation by any department or agency of the State, or lands to which the department of transportation holds title; and

(17) Lands transferred to the department of land and natural resources pursuant to Act 289, Session Laws of Hawaii 2025;

provided that, except as otherwise limited under federal law and except for state land used as an airport as defined in section 262-1, public lands shall include the air rights over any portion of state land upon which a county mass transit project is developed after July 11, 2005; provided further that if the lands pursuant to paragraph (6) are no longer needed for housing finance and development purposes, the lands shall be returned to the agency from which they were obtained; provided further that if the lands pursuant to paragraph (14) are no longer needed for the stadium development district or related purposes, the lands shall be returned to the public land trust administered by the department. [L 1962, c 32, pt of §2; am L 1965, c 239, §37; Supp, §103A-2; HRS §171-2; am L 1981, c 116, §1; am L 1984, c 19, §1; am L 1987, c 337, §7(1); am L 1989, c 27, §2; am L 1990, c 86, §12; am L 1997, c 350, §14; am L 1998, c 102, §2 and c 176, §6; am L 2003, c 47, §1, c 73, §2, and c 93, §2; am L 2005, c 196, §26(b); am L 2006, c 180, §16; am L 2012, c 56, §1 and c 282, §2; am L 2013, c 38, §2; am L 2015, c 240, §4; am L 2017, c 69, §4; am L 2018, c 210, §4; am L 2019, c 272, §5; am L 2021, c 146, §4 and c 217, §7; am L 2022, c 191, §1; am L 2024, c 109, §2; am L 2025, c 236, §17 and 289, §3]
Haw. Rev. Stat. § 171-55 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-55
Permits.
Status: in_force

(a) Notwithstanding any other law to the contrary, the board of land and natural resources may issue permits for the temporary occupancy of state lands or an interest therein on a month-to-month basis by direct negotiation without public auction, under conditions and rent which will serve the best interests of the State, subject, however, to those restrictions as may from time to time be expressly imposed by the board. A permit on a month-to-month basis may continue for a period not to exceed one year from the date of its issuance; provided that the board may allow the permit to continue on a month-to-month basis for additional one year periods.

(b) In each emergency permit for the installation of a sandbag, the board shall include as a condition a requirement for the attachment of identifying information, including the permittee's contact information and the permit number, to the sandbag. The board shall specify the form and manner in which the identifying information shall be attached to the sandbag. [L 1962, c 32, pt of §2; Supp, §103A-52; am L 1967, c 234, §11; HRS §171-55; am L 1990, c 90, §1; am L 2022, c 209, §1]
Haw. Rev. Stat. § 174C-46 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-46
Findings of fact; decision of commission.
Status: in_force

After public hearing and any investigations deemed necessary have been completed, the chairperson, after consultation with the appropriate county council, county mayor, and county water board, shall make a recommendation to the commission for decision. The commission shall render its decision within ninety days after the chairperson's recommendation to the commission. If the commission decides to designate a water management area, it shall cause a public notice of its decision to be given in the appropriate county and when so given, its decision shall be final unless judicially appealed.
Haw. Rev. Stat. § 200-26 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-26
Arrest or citation.
Status: in_force

(a) Except when required by state law to take immediately before a district judge a person arrested for a violation of any provision of this part, including any rule adopted pursuant to this part, any person authorized to enforce this part, hereinafter referred to as an enforcement officer, upon arresting a person for violation of any provision of this part, including any rule adopted pursuant to this part, in the discretion of the enforcement officer, shall either:

(1) Issue to the purported violator a summons or citation, printed in the form described, warning the purported violator to appear and answer to the charge against the purported violator at a certain place and at a time within seven days after such arrest; or

(2) Take the purported violator without unnecessary delay before a district judge.

(b) The summons or citation shall be printed in a form comparable to the form of other summonses and citations used for arresting offenders and shall be designed to provide for inclusion of all necessary information. The form and content of such summons or citation shall be adopted or prescribed by the district courts.

The original of the summons or citation shall be given to the purported violator and the other copy or copies distributed in the manner prescribed by the district courts; provided that the district courts may prescribe alternative methods of distribution for the original and any other copies.

Summonses and citations shall be consecutively numbered and the carbon copy or copies of each shall bear the same number.

(c) Any person who fails to appear at the place and within the time specified in the summons or citation issued to the person by the enforcement officer, upon the person's arrest for violation of any provision of this part, including any rule adopted pursuant to this part, shall be guilty of a misdemeanor.

In the event any person fails to comply with a summons or citation issued to that person, or if any person fails or refuses to deposit bail as required, the enforcement officer shall cause a complaint to be entered against that person and secure the issuance of a warrant for the person's arrest.

(d) When a complaint is made to any prosecuting officer of the violation of any provision of this part, including any rule adopted thereunder, the enforcement officer who issued the summons or citation shall subscribe to it under oath administered by another official of the department whose name has been submitted to the prosecuting officer and who has been designated by the chairperson to administer the same. [L 1991, c 272, pt of §2]
Haw. Rev. Stat. § 196-64 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-64
Functions, powers , and duties of the authority.
Status: in_force

(a) In the performance of, and with respect to the functions, powers, and duties vested in the authority by this part, the authority, as directed by the director and in accordance with a green infrastructure loan program order or orders under section 269-171 or an annual plan submitted by the authority pursuant to this section, as approved by the commission for the green infrastructure loan program, may:

(1) Make loans and expend funds to finance the purchase or installation of green infrastructure equipment for clean energy technology, demand response technology, and energy use reduction and demand side management infrastructure, programs, and services;

(2) Hold and invest moneys in the green infrastructure special fund in investments as permitted by law and in accordance with approved investment guidelines established in one or more orders issued by the commission pursuant to section 269-171;

(3) Hire employees necessary to perform its duties, including an executive director. The executive director shall be appointed by the authority, and the employees' positions, including the executive director's position, shall be exempt from chapter 76;

(4) Enter into contracts for the service of consultants for rendering professional and technical assistance and advice, and any other contracts that are necessary and proper for the implementation of the loan program;

(5) Enter into contracts for the administration of the loan program, without the necessity of complying with chapter 103D;

(6) Establish loan program guidelines to be approved in one or more orders issued by the commission pursuant to section 269-171 to carry out the purposes of this part;

(7) Be audited at least annually by a firm of independent certified public accountants selected by the authority, and provide the results of this audit to the department and the commission; and

(8) Perform all functions necessary to effectuate the purposes of this part.

(b) The authority shall submit to the commission an annual plan for the green infrastructure loan program for review and approval no later than ninety days prior to the start of each fiscal year. The annual plan submitted by the authority shall include the authority's projected operational budget for the succeeding fiscal year.

(c) In the performance of the functions, powers, and duties vested in the authority by this part, the authority shall administer the clean energy and energy efficiency revolving loan fund pursuant to section 196- 65.5 and may:

(1) Make loans and expend funds to finance the purchase or installation of clean energy technology and services;

(2) Implement and administer loan programs on behalf of other state departments or agencies through a memorandum of agreement and expend funds appropriated to the department or agency for purposes authorized by the legislature;

(3) Utilize all repayment mechanisms, including the green energy money saver on-bill program, financing tools, servicing and other arrangements, and sources of capital available to the authority;

(4) Exercise powers to organize and establish special purpose entities as limited liability companies under the laws of the State;

(5) Acquire, hold, and sell qualified securities;

(6) Pledge unencumbered net assets, loans receivable, assigned agreements, and security interests over equipment financed, as collateral for the authority ' s borrowings from federal, county, or private lenders or agencies;

(7) Utilize the employees of the authority, including the executive director;

(8) Enter into contracts for the service of consultants for rendering professional and technical assistance and advice and any other contracts that are necessary and proper for the implementation of the loan fund program;

(9) Enter into contracts for the administration of the loan fund program exempt from chapter 103D;

(10) Establish loan fund program guidelines;

(11) Be audited at least annually by a firm of independent certified public accountants selected by the authority and provide the results of the audit to the department and legislature; and

(12) Perform all functions necessary to effectuate the purposes of this part.

(d) The authority shall submit an annual report for the clean energy and energy efficiency revolving loan fund to the legislature no later than twenty days prior to the convening of each regular session describing the projects funded and the projected energy impacts. [L 2013, c 211, pt of §2; am L 2021, c 107, §5]
Haw. Rev. Stat. § 171-56 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-56
Contract or license for concessions or concession space.
Status: in_force

The board of land and natural resources may, subject to chapter 102, dispose of concessions, as defined in chapter 102, and shall enter into contracts or issue licenses for such concessions; provided that the duration of the contract or license shall be related to the investment required, but in no event to exceed twenty-five years.
Haw. Rev. Stat. § 200-40.5 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-40.5
[ §200-40.
Status: in_force

[ §200-40.5] Event spectators; hazards; mitigation. The department may adopt rules, pursuant to chapter 91, to mitigate the hazards posed by vessels, thrill craft, drones, and other means used by spectators to observe or record regattas, marine parades, surfing contests, and other marine events held in the waters of the State; provided that the department shall consult the department of transportation and the Federal Aviation Administration before adopting rules regulating the use of drones.
Haw. Rev. Stat. § 171-133 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-133
Authority to plan, improve, develop, operate, and maintain industrial parks.
Status: in_force

The board shall plan, improve, develop, operate, and maintain each industrial park designated pursuant to section 171-132. The planning, improving, developing, operation, and maintenance of an industrial park shall be in accordance with this chapter.
Haw. Rev. Stat. § 173A-4 — HI Code / Division 1 / Title 12 / Chapter 173A / Section 173A-4
Authority to acquire and convey; easement required and exemption.
Status: in_force

(a) In consultation with the senate president and speaker of the house of representatives, the board may acquire, by purchase, gift, or the exercise of the power of eminent domain as authorized by chapter 101, any land having value as a resource to the State. Such acquisition is hereby declared to be for a public use.

(b) The board may, subject to chapter 171, in consultation with the senate president and speaker of the house of representatives, and with the approval of the governor, sell, lease, or otherwise convey any such land subject to terms and conditions that it deems appropriate and that will ensure that the transferee shall not use the land in a manner that is inconsistent with the purposes for which it was acquired by the board. The terms and conditions shall run with the land and shall be binding on the transferee's heirs, successors, and assigns. The board may seek enforcement of the terms and conditions in any court of appropriate jurisdiction.

(c) The board, in consultation with the senate president and the speaker of the house of representatives, shall require as a condition of the receipt of funds that state and county agencies receiving funds under this chapter provide a conservation easement under chapter 198, or an agricultural easement or deed restriction or covenant to the department of land and natural resources; the department of agriculture and biosecurity; the agribusiness development corporation; an appropriate land conservation organization; or a county, state, or federal natural resource conservation agency, that shall run with the land and be recorded with the land to ensure the long-term protection of land having value as a resource to the State and preserve the interests of the State. The board shall require as a condition of the receipt of funds that it be an owner of a conservation easement.

(d) The board, in consultation with the senate president and the speaker of the house of representatives, shall require as a condition of the receipt of funds that nonprofit land conservation organizations receiving funds under this chapter provide a conservation easement under chapter 198, or an agricultural easement or deed restriction or covenant to the department of land and natural resources; the department of agriculture and biosecurity; the agribusiness development corporation; an appropriate land conservation agency; or an appropriate county, state, or federal natural resource conservation agency, that shall run with the land and be recorded with the land to ensure the long-term protection of land having value as a resource to the State and preserve the interests of the State. The board shall require as a condition of the receipt of funds that it be an owner of a conservation easement.

(e) The board or an appropriate land conservation organization or county, state, or federal agency required to be provided an easement pursuant to this section may grant an exemption for any easement required pursuant to this section. [L 1973, c 77, §4; am L 2006, c 254, §3; am L 2008, c 139, §1; am L 2012, c 284, §1; am L 2013, c 38, §4 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 188-34 — HI Code / Division 1 / Title 12 / Chapter 188 / Section 188-34
Fishing in Honolulu harbor, Hilo harbor, restricted.
Status: in_force

(a) It is unlawful to take or kill fish by means of any draw, drag, or seine net in the waters of the harbor of Honolulu; provided that commercial marine licensees as defined in chapter 187A may take bait fish by means of any draw, drag, or seine net during periods scheduled by the harbor master.

(b) It is unlawful to take or kill fish by means of any net in the waters of that portion of the bay of Hilo bounded by the breakwater, a line from the outer end of the breakwater to Alealea Point, and the shoreline from Alealea Point to the inshore end of the breakwater; provided that commercial marine and pond operators with appropriate licenses issued by the department of land and natural resources may take bait fish or pua, or persons may use throw net, opae net, crab net, or nehu net not longer than fifty feet to take nehu for family consumption or bait purposes. [L 1911, c 38, §1; RL 1925, §769; RL 1935, §383; am L 1941, c 223, §1; RL 1945, §1230; RL 1955, §21-67; am L 1961, c 110, §1; HRS §188-34; am L 1981, c 85, §43; am L 1986, c 339, §11; am L 1987, c 131, §1; am L 2005, c 218, §1; am L 2006, c 241, §5; am L 2010, c 4, §1]
Haw. Rev. Stat. § 200-37.5 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-37.5
Emergency communication devices.
Status: in_force

(a) It shall be unlawful to operate in the waters of the State beyond one mile of shore, any:

(1) Vessel required to be registered by the State or documented by the United States Coast Guard; or

(2) Manual or sail-propelled vessel not required to be registered by the State or documented by the United States Coast Guard,

unless the vessel is equipped with a properly functioning fixed mount or handheld marine VHF-FM radio (156-162 MHz band) or emergency position indicating radio beacon.

Canoes, thrill craft, surfboards, and paddleboards shall be exempt from this section. Kayaks and training sailboats shall be exempt from this section when accompanied by at least one vessel that complies with this section.

(b) Any person who violates this section shall be fined not more than $100 for each separate offense. Each day of each violation constitutes a separate offense. Any action taken to impose or collect the fine provided by this section shall be considered a civil action.

(c) As used in this section, an "emergency position indicating radio beacon" is an electronic device that, when activated, transmits a distress call on a designated emergency frequency to a radio or satellite receiver and is used by rescue personnel to locate the position of the signal. Emergency position indicating radio beacons shall be approved by the Federal Communications Commission and COSPAS-SARSAT, an international search and rescue organization. The 406 MHz class of emergency position indicating radio beacons shall be registered with the National Oceanic and Atmospheric Administration. The applicable United States Coast Guard regulations relating to emergency position indicating radio beacons shall prevail for commercial vessels. [L 2003, c 54, §2; am L 2024, c 215, §5]
Haw. Rev. Stat. § 200-16 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-16
Unauthorized vessels; impoundment and disposal proceedings.
Status: in_force

(a) A vessel moored without a valid use permit or moored with a use permit that has expired or been terminated shall be deemed an unauthorized vessel in violation of this section and shall be subject to impoundment and disposal.

(b) The department shall place upon, or as near to an unauthorized vessel as possible, a notice to remove the vessel, which shall, at a minimum, indicate that the vessel is in violation of this section, the date and time the notice was posted, and that the vessel shall be removed within seventy-two hours of the time that the notice was posted; provided that if the vessel is in imminent danger of breaking up on state submerged land, a shoreline, or a coral reef, the notice shall indicate that the owner shall commence effective salvage operations within twenty-four hours of the time that the notice was posted.

( c) An unauthorized vessel may be impounded by the department at the sole risk and expense of the owner of the vessel if the vessel is not removed after the period specified in subsection (b). Calculation of the time period shall not restart if, during that period, the vessel is moved anywhere in the waters of the State or to any public property and remains in violation of this section. The owner of the vessel shall be solely responsible for all costs of the impoundment and the disposal of the unauthorized vessel. All owners of unauthorized vessels that are impounded by the department shall be responsible for paying impound storage fees to the department while the vessel remains impounded and until the time that the vessel is returned to the custody of a person entitled to possession. Impound storage fees shall be equal to the rate set by the department for vessels moored without a valid permit. Any proceeds collected by the department in relation to the impoundment and the disposal of the unauthorized vessel shall be used first to pay for the costs of impoundment and disposal, then to pay for any additional costs related to the impoundment and disposal, then to pay for any outstanding mooring fees due to the department from the owner, and then to the general fund. If the proceeds resulting from the impoundment and the disposal are inadequate to pay for all costs and mooring fees due, the owner of the unauthorized vessel shall remain liable for paying the department any and all outstanding costs and mooring fees due.

(d) Custody of an unauthorized vessel shall be returned to the person entitled to possession only upon payment in full of all fees and costs due to the department and any and all fines levied by the department or a court of competent jurisdiction. In addition, the department, within seventy-two hours of impoundment, shall send by certified mail, return receipt requested, a notice of impoundment to the registered or documented owner or any lien holder or operator of the impounded vessel on record with the department or the United States Coast Guard. The owner, lien holder, or operator of the impounded vessel shall have five working days after receipt of notice of impoundment of the vessel to request an administrative hearing. A request for an administrative hearing under this subsection shall:

(1) Be made in writing to the department;

(2) Not be deemed delivered until the time that the department receives the written request; and

(3) Be solely for the purpose of allowing the owner, lien holder, or operator of an impounded vessel to contest the basis given by the department for the impoundment of the vessel.

The administrative hearing shall be held within five working days of delivery of the written request. The department may adopt rules pursuant to chapter 91 to implement the requirement for this post-seizure administrative hearing process.

(e) Any unauthorized vessel impounded under this section that remains unclaimed for more than ten working days by the registered or documented owner, a lien holder, or operator of record may be sold by the department at public auction. If the department does not, or is unable to, sell the vessel at public auction, the department, after giving public notice of intended disposition, if that notice was not previously included in a public auction notice, may sell the vessel by negotiation, retain and use the vessel, donate the vessel to any other government agency, or dispose of the vessel as junk. [L 1991, c 272, pt of §2; am L 1994, c 113, §2; am L 2004, c 70, §1; am L 2013, c 121, §1; am L 2021, c 218, §2]
Haw. Rev. Stat. § 183D-5 — HI Code / Division 1 / Title 12 / Chapter 183D / Section 183D-5
Penalties.
Status: in_force

(a) Any person violating section 183D-21, 183D-25, 183D-33, or 183D-63 or any rule adopted under this chapter shall be guilty of a petty misdemeanor, and upon conviction thereof, shall be sentenced as follows:

(1) For a first conviction, by a mandatory fine of not less than $100, or imprisonment of not more than thirty days, or both;

(2) For a second conviction within five years of a previous conviction, by a mandatory fine of not less than $500, or by imprisonment of not more than thirty days, or both, and all firearms used in the commission of the violations shall be considered contraband to be forfeited to and disposed of by the State; and

(3) For a third or subsequent conviction within five years of the first two or more convictions, by a mandatory fine of not less than $1,000, or by imprisonment of not more than thirty days, or both, and all firearms used in the commission of the violations shall be considered contraband to be forfeited to and disposed of by the State.

(b) Any person violating section 183D-25.5, 183D-32, 183D-62, 183D-64, or 183D-66 shall be guilty of a misdemeanor, and upon conviction thereof, shall be sentenced as follows:

(1) For a first conviction, by a mandatory fine of not less than $200, or by imprisonment of not more than one year, or both and all animal parts, products, or items containing prohibited animal parts or products involved in the commission of the violations shall be considered contraband to be forfeited to and disposed of by the State;

(2) For a second conviction within five years of a previous conviction, by a mandatory fine of not less than $1,000, or by imprisonment of not more than one year, or both, and all firearms, animal parts, products, or items containing prohibited animal parts or products used in the commission of the violations shall be considered contraband to be forfeited to and disposed of by the State; and

(3) For a third or subsequent conviction within five years of the first two or more convictions, by a mandatory fine of not less than $2,000, or by imprisonment of not more than one year, or both, and all firearms, animal parts, products, or items containing prohibited animal parts or products used in the commission of the violations shall be considered contraband to be forfeited to and disposed of by the State;

provided that any violation of section 183D-26 or 183D-27 that occurs on agricultural land shall be sentenced pursuant to subsection (d).

(c) Any person who violates section 183D-52 shall be guilty of a misdemeanor, and upon conviction thereof, shall be sentenced as follows:

(1) For a first conviction, by a mandatory fine of not less than $10,000 and payment of any costs incurred in the eradication of any deer and the deer's progeny that has been possessed, transferred, transported, or released after transport, or by imprisonment of not more than one year, or both;

(2) For a second conviction within five years of a previous conviction, by a mandatory fine of not less than $15,000 and payment of any costs incurred in the eradication of any deer and the deer's progeny that has been possessed, transferred, transported, or released after transport, or by imprisonment of not more than one year, or both; and

(3) For a third or subsequent conviction within five years of the first two or more convictions, by a mandatory fine of not less than $25,000 and payment of any costs incurred in the eradication of any deer and the deer's progeny that has been possessed, transferred, transported, or released after transport, or by imprisonment of not more than one year, or both;

provided that any violation of section 183D-26 or 183D-27 that occurs on agricultural land shall be sentenced pursuant to subsection (d).

(d) Any person who violates section 183D-26 or 183D-27, if the offense occurred on agricultural land, shall be guilty of a class C felony, and upon conviction thereof, shall be sentenced as follows, without possibility of probation or suspension of sentence:

(1) For a first offense, or any offense not preceded within a ten-year period by a conviction for an offense under the same section:

(A) An indeterminate term of imprisonment of five years with a mandatory minimum term of imprisonment of not less than one hundred eighty days; or

(B) A term of probation of four years with conditions to include but not be limited to not less than one hundred eighty days of imprisonment; or

(2) For an offense that occurs within ten years of a previous conviction for an offense under the same section, an indeterminate term of imprisonment of five years with a mandatory minimum term of imprisonment of not less than one year;

provided that all animal parts, products, or items containing prohibited animal parts or products involved in the commission of the violations shall be considered contraband to be forfeited to and disposed of by the State; provided further that any property used in the commission of the offense, or that facilitated or assisted in the offense, including firearms, hunting animals, or vehicles, shall be subject to forfeiture under chapter 712A.

(e) Any person who violates section 183D-35, 183D-36, 183D-37, 183D-38, 183D-39, 183D-40, or 183D-42 shall be guilty of a petty misdemeanor, and upon conviction thereof, shall be fined not less than $100 or imprisoned not more than thirty days, or both.

(f) In addition to any other penalty imposed under this section, a mandatory fine of $100 shall be levied for each bird illegally taken under this chapter and a mandatory fine of $500 shall be levied for each mammal illegally taken under this chapter.

(g) Any person who is convicted of violating any of the game laws of the State shall immediately have the person's hunting license forfeited and any person convicted for a second offense shall not be granted a license to hunt for a period of three years after the date of the second conviction.

(h) The environmental court, in lieu of the actual cash payment of any mandatory fine, may allow the defendant to perform the community service as directed by the department of land and natural resources at the rate of one hour of service for every $10 of mandatory fine imposed.

(i) Any criminal action against a person for any violation of 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 subtitle 4 of title 12 or any rule adopted thereunder shall not be deemed to preclude the State from pursuing any criminal action against that person. [L 1985, c 174, pt of §4; am L 1996, c 50, §2 and c 152, §2; am L 1999, c 196, §1; am L 2012, c 144, §4; am L 2014, c 218, §8; am L 2016, c 125, §3; am L 2020, c 50, §1; am L 2025, c 235, §36]
Haw. Rev. Stat. § 171-6 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-6
Powers.
Status: in_force

Except as otherwise provided by law, the board of land and natural resources shall have the powers and functions granted to the heads of departments and the board of land and natural resources under chapter 26.

In addition to the foregoing, the board may:

(1) Adopt a seal;

(2) Administer oaths;

(3) Prescribe forms of instruments and documents;

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

(5) Set, charge, demand, and collect reasonable fees for the preparation of documents to be issued, for the surveying of public lands, and for the issuing of certified copies of its government records, which fees, when collected, shall be deposited into the state general fund, unless otherwise specified in this chapter;

(6) Establish additional restrictions, requirements, or conditions, consistent with those prescribed in this chapter, relating to the use of particular land being disposed of, the terms of sale, lease, license, or permit, and the qualifications of any person to draw, bid, or negotiate for public land;

(7) Reduce or waive the lease rental at the beginning of the lease on any lease of public land to be used for any agricultural or pastoral use, or for resort, commercial, industrial, or other business use where the land being leased requires substantial improvements to be placed thereon; provided that the reduction or waiver shall not exceed two years for land to be used for any agricultural or pastoral use, or exceed one year for land to be used for resort, commercial, industrial, or other business use. When a lease for resort, commercial, industrial, or other business or residential purposes requires a lessee to demolish existing improvements or provide basic infrastructure, including drainage, sewer, water, electricity, and other utilities, before the lessee can make productive use of the land, the board may approve a reduction or waiver of lease rental for a period of up to twenty years; provided that the aggregate amount of the reduced or waived lease rental shall not exceed the amount of the lessee's total expenditures for demolition or provision of the infrastructure;

(8) Delegate to the chairperson or employees of the department of land and natural resources, subject to the board's control and responsibility, powers and duties as may be lawful or proper for the performance of the functions vested in the board;

(9) Use arbitration under chapter 658A to settle any controversy arising out of any existing or future lease;

(10) Set, charge, and collect reasonable fees in an amount sufficient to defray the cost of performing or otherwise providing for the inspection of activities permitted upon the issuance of a land license involving a commercial purpose;

(11) Appoint hearing officers to conduct public hearings as provided by law and under conditions as the board by rules shall establish;

(12) Bring actions as may be necessary to remove or remedy encroachments upon public lands. Any person causing an encroachment upon public land shall:

(A) Be fined no more than $1,000 a day for the first offense;

(B) Be fined no less than $1,000 nor more than $4,000 per day upon the second offense and thereafter;

(C) If required by the board, restore the land to its original condition if altered and assume the costs thereof;

(D) Assume costs as may result from adverse effects from restoration; and

(E) Be liable for administrative costs incurred by the department and for payment of damages;

(13) Set, charge, and collect interest and a service charge on delinquent payments due on leases, sales, or other accounts. The rate of interest shall not exceed one per cent a month and the service charge shall not exceed $50 a month for each delinquent payment; provided that the contract shall state the interest rate and the service charge and be signed by the party to be charged;

(14) Set, charge, and collect additional rentals for the unauthorized use of public lands by a lessee, licensee, grantee, or permittee who is in violation of any term or condition of a lease, license, easement, or revocable permit, retroactive to the date of the occurrence of the violation. The amounts shall be considered delinquent payments and shall be subject to interest and service charges as provided in paragraph (13);

(15) Set, charge, and collect reasonable fines for violation of this chapter or any rule adopted thereunder. Any person engaging in any prohibited use of public lands or conducting any prohibited activity on public lands, or violating any of the other provisions of this chapter or any rule adopted thereunder, for which violation a penalty is not otherwise provided, shall be:

(A) Fined no more than $5,000 per violation for a first violation or a violation beyond five years of the last violation; provided that, after written or verbal notification from the department, an additional $1,000 per day per violation may be assessed for each day in which the violation persists;

(B) Fined no more than $10,000 per violation for a second violation within five years of the last violation; provided that, after written or verbal notification from the department, an additional $2,000 per day per violation may be assessed for each day in which the violation persists;

(C) Fined no more than $20,000 per violation for a third or subsequent violation within five years of the last violation; provided that, after written or verbal notification from the department, an additional $4,000 per day per violation may be assessed for each day in which the violation persists; and

(D) Liable for administrative costs and expenses incurred by the department and for payment for damages, including but not limited to natural resource damages.

In addition to the fines, administrative costs, and damages provided for hereinabove, for damage to or theft of natural resources, the board may also set, charge, and collect a fine that, in its discretion, is appropriate considering the value of the natural resource that is damaged or the subject of the theft. In arriving at an appropriate fine, the board may consider the market value of the natural resource damaged or taken and any other factor it deems appropriate, such as the loss of the natural resource to its natural habitat and environment and the cost of restoration or replacement. The remedies provided for in this paragraph are cumulative and in addition to any other remedies allowed by law.

No person shall be sanctioned pursuant to this section for the exercise of native Hawaiian gathering rights and traditional cultural practices as authorized by law or as permitted by the department pursuant to article XII, section 7, of the Hawaii state constitution;

(16) Issue revenue bonds, subject to the approval of the legislature. All revenue bonds shall be issued pursuant to part III of chapter 39, except as provided in this chapter. All revenue bonds shall be issued in the name of the department and not in the name of the State. The final maturity date of the revenue bonds may be any date not exceeding thirty years from the date of issuance;

(17) Pledge or assign all or any part of the receipts and revenues of the department. The revenue bonds shall be payable from and secured solely by the revenue derived by the department from the industrial park or parks for which the bonds are issued;

(18) Reimburse the state general fund for debt service on general obligation bonds or reimbursable general obligation bonds issued by the State for purposes of this chapter;

(19) Notwithstanding part II of chapter 205A to the contrary, plan, design, construct, operate, and maintain any lands or facilities under the jurisdiction of the division of boating and ocean recreation of the department without the need to obtain a special management area minor permit or special management area use permit; and

(20) Do any and all things necessary to carry out its purposes and exercise the powers granted in this chapter. [L 1962, c 32, pt of §2; am L 1965, c 239, §2; Supp, §103A-6; HRS §171-6; am L 1974, c 70, §1; am L 1982, c 109, §1; am L 1983, c 170, §2; am L 1984, c 117, §1; am L 1985, c 39, §1; am L 1989, c 249, §1; am L 1991, c 89, §1 and c 145, §3; am L 1994, c 162, §2; am L 2001, c 265, §4; am L 2008, c 215, §2; am L 2011, c 153, §2; am L 2021, c 222, §§2, 4; am L 2024, c 219, §1]
Haw. Rev. Stat. § 194-3 — HI Code / Division 1 / Title 12 / Chapter 194 / Section 194-3
Lead agencies; accountability.
Status: in_force

[§194-3 Lead agencies; accountability.] A state department that is designated as a lead agency under section [194-2(a)(7)], with respect to a particular function of invasive species control, shall have sole administrative responsibility and accountability for that designated function of invasive species control. The lead agency shall:

(1) Coordinate all efforts between other departments and federal and private agencies to control or eradicate the designated invasive species;

(2) Prepare a biennial multidepartmental budget proposal for the legislature forty days before the convening of the regular session of the legislature in each odd-numbered year, showing the budget requirements of each of the lead agency's assigned invasive species function that includes the budget requirements of all departments that it leads for that species, as well as other federal and private funding for that invasive species;

(3) Prepare and distribute an annual progress report forty days prior to the convening of each regular session of the legislature to the governor and the legislature that includes the status of each assigned function; and

(4) Any other function of a lead agency necessary to effectuate the purposes of this [ chapter] . [L 2003, c 85, §4; am L 2004, c 10, §16; am L 2006, c 109, §2]
Haw. Rev. Stat. § 172-12 — HI Code / Division 1 / Title 12 / Chapter 172 / Section 172-12
Land patents issued after boundary and commutation settled.
Status: in_force

Upon presentation to the department of land and natural resources of a certificate of a commissioner of boundaries defining the boundaries of a portion of an ahupuaa, ili, or other denomination of land, the department shall cause an appraisement to be made of the unimproved value of that portion of land; and upon payment to the department of the government commutation in that portion of land, upon the appraisement as above provided, the department shall cause to be issued a land patent for that portion of land, which land patent shall define the boundaries of that portion of land.
Haw. Rev. Stat. § 172-13 — HI Code / Division 1 / Title 12 / Chapter 172 / Section 172-13
Destruction, defacing or removal of survey monuments; penalty.
Status: in_force

[§172-13 Destruction, defacing or removal of survey monuments; penalty.] It shall be unlawful, without the written consent of the state comptroller, for any person to destroy, deface, change, or remove to another place, any trigonometrical survey station, boundary line mark or monument, corner post, or any other government line of survey, or to cut down any witness tree or any tree blazed to mark the line of a government survey, or any bench mark in any government survey. Any person who violates this chapter, shall be fined not more than $500, or imprisoned not more than four months, or both.
Haw. Rev. Stat. § 183-5 — HI Code / Division 1 / Title 12 / Chapter 183 / Section 183-5
General penalties.
Status: in_force

(a) Except as otherwise provided by law, the board or its authorized representative may:

(1) Set, charge, and collect administrative fines;

(2) Bring legal action to recover administrative fines, fees, and costs, including attorney's fees and costs and costs associated with land or habitat restoration; and

(3) Collect administrative fees and costs pursuant to paragraph (2),

resulting from a violation of this chapter, any rule adopted, or permit issued thereunder.

(b) The administrative fines for violation of this chapter shall be as follows:

(1) For a first violation, or any violation not preceded within a five-year period by a violation of this chapter, a fine of no more than $2,500 per violation;

(2) For a second violation within five years of a previous violation of this chapter, a fine of no more than $5,000 per violation; and

(3) For a third or subsequent violation within five years of the last violation of this chapter, a fine of no more than $10,000 per violation.

(c) In addition, a fine of an amount up to $10,000 or three times the market value at the time and place of the violation, as determined by the board, for each tree or tree product, including koa, whichever is greater, per violation of section 183-17 may be levied for each destroyed, damaged, or harvested tree, or portion thereof, larger than six inches in diameter at ground level, along with any costs associated with restoration or replacement of habitat and damages to public land or natural resources, or any combination thereof.

(d) Any person who violates any rule adopted by the department under this chapter regulating vehicular parking or traffic movement shall have committed a traffic infraction and be adjudicated as set forth in chapter 291D. A person found to have committed a traffic infraction shall be fined no more than:

(1) $100 for a first violation;

(2) $200 for a second violation; and

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

Except as provided in this subsection, the State shall be precluded from pursuing further civil legal action to recover administrative fines, fees, and costs, including attorney's fees and costs or monetary assessment against the person fined under this subsection.

(e) Any criminal action against a person for any violation of this chapter or any rule adopted thereunder shall not be deemed to preclude the State from pursuing civil legal action to recover administrative fines, fees, and costs, including attorney's fees and costs or monetary assessments against that person. Any civil legal action against a person to recover administrative fines, fees, and costs, including attorney's fees and costs or monetary assessments, 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) No person shall be sanctioned pursuant to this section for the exercise of native Hawaiian gathering rights and traditional cultural practices as authorized by law or as permitted by the department pursuant to article XII, section 7, of the state constitution.

(g) The department shall submit an annual report outlining the revenues generated by the penalties to the legislature no later than twenty days prior to the convening of each regular session. [L 2006, c 174, §1; am L 2021, c 193, §1]
Haw. Rev. Stat. § 171-192 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-192
[ §171-192] Lease restrictions.
Status: in_force

[ §171-192] Lease restrictions. [See Note at part heading.] (a) The board, from time to time, upon the issuance or during the term of any intensive agricultural, aquaculture, commercial, mariculture, special livestock, pasture, hotel, resort, or industrial lease of public lands within the Hilo community economic district, may:

(1) Modify or eliminate any of the restrictions specified in section 171-36(a);

(2) Extend or modify the fixed rental period or the term of the lease upon approval by the board of a development agreement proposed by the lessee to make substantial improvements to the existing improvements or to construct new substantial improvements so long as the length of any extension granted does not extend the original lease term by more than forty years; or

(3) Extend the term and modify any provisions of the lease,

to the extent necessary to qualify the lease for mortgage lending or guaranty purposes with any federal mortgage lending agency; to qualify the lessee for any state or private lending institution loan, private loan guaranteed by the State, or any loan in which the State and any private lender participates; or to amortize the cost of substantial improvements to the demised premises that are paid for by the lessee without institutional financing.

(b) Prior to entering into a development agreement, the lessee or the lessee and developer shall submit to the board the plans and specifications for the total development being proposed. The board shall review the plans and specifications and, in determining whether to approve the development agreement pursuant to subsection (a)(2), consider:

(1) Whether the development proposed in the development agreement is of sufficient worth and value to justify the extension of the lease;

(2) The estimated period of time to complete the improvements and expected date of completion of the improvements; and

(3) The minimum revised annual rent based on the fair market value of the lands to be developed, as determined by an appraiser for the board, and the percentage of rent where gross receipts exceed a specified amount.

(c) An extension of the fixed rental period or term of the lease shall be based on the economic life of the substantial improvements as determined by the board or an independent appraiser; provided that the approval of any extension shall be subject to the following:

(1) The demised premises have been used substantially for the purpose for which they were originally leased;

(2) The length of any extension granted for the fixed rental period of the lease shall not extend the fixed rental period of the original lease by more than forty years;

(3) The length of any extension granted for the term of the lease shall not extend the original lease term by more than forty years;

(4) If a reopening occurs, the rental for any ensuing period shall be the fair market rental as determined under section 171-17(d) at the time of reopening;

(5) Any federal or private lending institution shall be qualified to do business in the State;

(6) Proceeds of any mortgage or loan shall be used solely for the operations or substantial improvements on the demised premises;

(7) Where substantial improvements are financed by the lessee, the lessee shall submit receipts of expenditures within a time period specified by the board, otherwise the lease extension shall be canceled; and

(8) The rules of the board, setting forth any additional terms and conditions, which shall ensure and promote the purposes of the demised lands.

(d) The board, from time to time, during the term of any agriculture, intensive agriculture, aquaculture, commercial, mariculture, special livestock, pasture, hotel, resort, or industrial lease of public lands within the Hilo community economic district, may modify or eliminate any of the restrictions specified in section 171-36(a), extend or modify the fixed rental period of the lease, or extend the term of the lease upon a showing of significant economic hardship directly caused by:

(1) State disaster, pursuant to chapter 209, including seismic or tidal wave, tsunami, hurricane, volcanic eruption, typhoon, earthquake, flood, or severe drought; or

(2) A taking of a portion of the area of the lease by government action by eminent domain, withdrawal, or conservation easement; provided that the portion taken shall not be less than ten per cent of the entire leased area unless otherwise approved by the board; provided that the board determines that the lessee will not be adequately compensated pursuant to the lease provisions.

(e) The approval of any extension granted pursuant to subsection (d) shall be subject to the following:

(1) The demised premises has been used substantially for the purposes for which they were originally leased;

(2) The rental shall not be less than the rental for the preceding term;

(3) The rules of the board, setting forth any additional terms and conditions which shall ensure and promote the purposes of the demised lands; and

(4) The length of the extension shall not exceed a reasonable length of time for the purpose of providing relief and shall in no case extend the original lease's fixed rental period by more than forty years.

(f) The applicant for any lease extension pursuant to this section shall pay all costs and expenses incurred by the department in connection with the processing, analyzing, and negotiating of any lease extension request and document and of the development agreement under subsections (a) and (b). [L 2018, c 149, pt of §2]