reglab/housing_qa huggingface dataset:
HI Rev Stat § 183-32 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|183. Forest Reserves, Water Development, Zoning|183-32 Use of funds, etc.

 §183-32 Use of funds, etc. 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 general ­ity 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]
HI Rev Stat § 183-33 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|183. Forest Reserves, Water Development, Zoning|183-33 Effect on other agencies.

  §183-33 Effect on other agencies. This part shall not amend, limit or in any other manner affect the powers of condemnation conferred upon the several counties, the board of water supply of the city and county of Honolulu, the department of land and natural resources and public utility water companies, by any other law, it being the intent of this part to provide additional funds for the use of the department and to only limit them in the use of the additional funds. [L 1949, c 274, §5; RL 1955, §19-24; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §1; HRS §183-33]
HI Rev Stat § 183-34 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|183. Forest Reserves, Water Development, Zoning|183-34 Use of lands and funds.

  §183-34 Use of lands and funds. No land or interest therein acquired under this part shall be used for other than forest reserve purposes, or purposes directly connected with water supply development except as otherwise provided by act of the legislature, nor shall any provision of this part be construed to authorize the expenditure of funds herein appropriated for the acquisition of any water rights. [L 1949, c 274, §6; RL 1955, §19-25; HRS §183-34]
HI Rev Stat § 183-35 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|183. Forest Reserves, Water Development, Zoning|183-35 Vouchers for expenditures.

  §183-35 Vouchers for expenditures. 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. [L 1949, c 274, §7; RL 1955, §19-26; am L 1957, c 152, §1; am L 1959, c 263, §4(b); am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §1; HRS §183-35]
HI Rev Stat § 183-41 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|183. Forest Reserves, Water Development, Zoning|183-41 REPEALED.

  §183-41 REPEALED. L 1994, c 270, §3. Cross References  For present provisions, see chapter 183C.
HI Rev Stat § 183-42 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|183. Forest Reserves, Water Development, Zoning|183-42 Strip mining; prior approval of license or permit.

  §183-42 Strip mining; prior approval of license or permit. No original permit or license for strip mining on land within the forest reserve boundaries shall be issued by any officer or agency of the State without the prior approval and concurrence of the department. In determining whether to grant or withhold such approval, the department shall be guided by the standards set forth in chapter 183C. [L 1957, c 234, §3; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; Supp, §19-71; HRS §183-42; am L 1981, c 85, §9; am L 1995, c 11, §4 and c 69, §3]
HI Rev Stat § 183-43 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|183. Forest Reserves, Water Development, Zoning|183-43 REPEALED.

  §183-43 REPEALED. L 1994, c 270, §4. Cross References  For present provision, see §183C-8.
HI Rev Stat § 183-44 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|183. Forest Reserves, Water Development, Zoning|183-44 Fishponds; rules.

  §183-44 Fishponds; rules. (a) The board shall adopt rules concerning the application and issuance of permits for the repair, strengthening, reinforcement, and maintenance of fishponds pursuant to chapter 183C. The rules shall specify the extent:  (1) Of repairs, strengthening, reinforcement, and maintenance for which no permit is necessary, but for which the owner shall be required to notify the board in writing of the owner's intent to perform them which notification shall be submitted not less than ten days before performing the repairs, strengthening, reinforcement, or maintenance, and for which receipt and lack of action by the board within the ten-day notice period shall constitute approval;  (2) Of repairs, strengthening, reinforcement, and maintenance for which a permit shall be required which shall be requested in writing by the owner.  (b) For the purposes of this section:  (1) "Emergency repairs" means that work necessary to repair damages to fishponds arising from natural forces or events of human creation not due to the wilful neglect of the owner, of such a character that the efficiency, esthetic character or health of the fishpond, neighboring activities of persons, or existing flora or fauna will be endangered in the absence of correction of existing conditions by repair, strengthening, reinforcement, or maintenance.  (2) "Repairs and maintenance" of fishponds means any work performed relative to the walls, floor, or other traditional natural feature of the fishpond and its appurtenances, the purposes of which are to maintain the fishpond in its natural state and safeguard it from damage from environmental and natural forces. Repairs, strengthening, reinforcement, and maintenance and emergency repair of fishponds shall not be construed as actions "proposing any use" within the context of section 343-5. [L 1975, c 27, pt of §2; am L 1976, c 57, §2; gen ch 1985; am L 1995, c 11, §5 and c 69, §4]
HI Rev Stat § 183-45 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|183. Forest Reserves, Water Development, Zoning|183-45 Accreted land.

  §183-45 Accreted land. No structure, retaining wall, dredging, grading, or other use which interferes or may interfere with the future natural course of the beach, including further accretion or erosion, shall be permitted on accreted land as judicially decreed under section 501-33 or 669-1(e). This section shall not in any way be construed to affect state or county property.  Any structure or action in violation of this section shall be immediately removed or stopped and the property owner shall be fined in accordance with section 183C-7. Any action taken to impose or collect the penalty provided for in this section shall be considered a civil action. [L 1985, c 221, §1; am L 1995, c 11, §6]
HI Rev Stat § 183B-1 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|183B. Hawaiian Fishponds|183B-1 Definitions.

  §183B-1 Definitions. As used in this chapter:  "Hawaiian fishponds" means the unique, traditional system and methodology of aquaculture practiced by the aboriginal people of Hawaii, and found nowhere else in the world. Generally referred to as "loko i €˜a", the system mastered by ancient Hawaiians includes but is not limited to loko kuapa, loko umeiki, and loko pu €˜uone. Loko i €˜a are natural or artificial enclosures; loko kuapa are enclosures built upon a reef, loko umeiki are a type of permanent fish-trap structure, and loko pu €˜uone are enclosed by sand. The term does not include any fishpond designed in a manner or constructed for purposes other than those associated with traditional loko i €˜a management and culture. [L 1995, c 177, pt of §2]
HI Rev Stat § 183B-2 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|183B. Hawaiian Fishponds|183B-2 Exemption from environmental impact statement law.

  §183B-2 Exemption from environmental impact statement law. The proposed reconstruction, restoration, repair, or use of any Hawaiian fishpond shall be exempt from the requirements of chapter 343; provided that it will comply with the following conditions:  (1) The fishpond is not adjacent to a sandy beach;  (2) The fishpond stocks only native aquatic organisms;  (3) The fishpond does not operate as an intensive culture system in which cultured organisms require frequent or periodic artificial feeding, artificial aeration of water, or artificial pumping of water through the fishponds for their growth and survival;  (4) Bulk chemicals are not added to the water for the control of pathogens or parasites;  (5) Coastal access is allowed to any person mauka of the fishpond and makai of walls;  (6) The fishpond and its operations do not harm any threatened or endangered species; and  (7) The fishpond is not used for water recreational purposes except those recreational activities customarily and traditionally practiced in Hawaiian fishponds prior to 1778. [L 1995, c 177, pt of §2]
HI Rev Stat § 183B-3 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|183B. Hawaiian Fishponds|183B-3 Department assistance.

  §183B-3 Department assistance. The department of land and natural resources shall actively assist applicants applying for permits, certifications, and approvals to reconstruct, restore, repair, and use Hawaiian fishponds. The program shall assist applicants in sending permit applications to all affected agencies. [L 1995, c 177, pt of §2]
HI Rev Stat § 183C-1 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|183C. Conservation District|183C-1 Findings and purpose.

  §183C-1 Findings and purpose. The legislature finds that lands within the state land use conservation district contain important natural resources essential to the preservation of the State's fragile natural ecosystems and the sustainability of the State's water supply. It is therefore, the intent of the legislature to conserve, protect, and preserve the important natural resources of the State through appropriate management and use to promote their long-term sustainability and the public health, safety and welfare. [L 1994, c 270, pt of §1]
HI Rev Stat § 183C-2 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|183C. Conservation District|183C-2 Definitions.

  §183C-2 Definitions. As used in this chapter, unless the context otherwise requires:  "Board" means the board of land and natural resources.  "Chairperson" means the chairperson of the board of land and natural resources.  "Conservation district" means those lands within the various counties of the State bounded by the conservation district line, as established under provisions of Act 187, Session Laws of Hawaii 1961, and Act 205, Session Laws of Hawaii 1963, or future amendments thereto.  "Department" means the department of land and natural resources.  "Kuleana" means those lands granted to native tenants pursuant to L. 1850, p. 202 entitled "An Act Confirming Certain Resolutions of the King and Privy Council, Passed on the 21st Day of December, A.D. 1849, Granting to the Common People Allodial Titles for Their Own Lands and House Lots, and Certain Other Privileges", as originally enacted and as amended.  "Land" means all real property, fast or submerged, and all interests therein, including fauna, flora, minerals, and all such natural resources, unless otherwise expressly provided.  "Landowner" means an owner of land or any estate or interest in that land.  "Land use" means:  (1) The placement or erection of any solid material on land;  (2) The grading, removing, harvesting, dredging, mining, or extraction of any material or natural resource on land;  (3) The subdivision of land; or  (4) The construction, reconstruction, demolition, or alteration of any structure, building, or facility on land.  "Nonconforming" use means the lawful use of any building, premises or land for any trade, industry, residence or other purposes which is the same as and no greater than that established prior to October 1, 1964, or prior to the inclusion of the building, premises, or land within the conservation district. [L 1994, c 270, pt of §1]
HI Rev Stat § 183C-3 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|183C. Conservation District|183C-3 Powers and duties of the board and department.

  §183C-3 Powers and duties of the board and department. The board and department shall:  (1) Maintain an accurate inventory of lands classified within the state conservation district by the state land use commission, pursuant to chapter 205;  (2) Identify and appropriately zone those lands classified within the conservation district;  (3) Adopt rules, in compliance with chapter 91 which shall have the force and effect of law;  (4) Set, charge, and collect reasonable fees in an amount sufficient to defray the cost of processing applications for zoning, use, and subdivision of conservation lands;  (5) Establish categories of uses or activities on conservation lands, including allowable uses or activities for which no permit shall be required;  (6) Establish restrictions, requirements, and conditions consistent with the standards set forth in this chapter on the use of conservation lands; and  (7) Establish and enforce land use regulations on conservation district lands including the collection of fines for violations of land use and terms and conditions of permits issued by the department. [L 1994, c 270, pt of §1] Case Notes  Section 13-5-23(L-6), Hawaii Administrative Rules, allowing for construction of single family residences within floodplains and coastal high hazard areas when granted permit approval from the board of land and natural resources, was not facially unconstitutional under the equal protection clause of the Fourteenth Amendment to the U.S. Constitution because it was rationally related to the State's legitimate interests. 438 F. Supp. 2d 1186.  The board of land and natural resources was not required to engage in rule-making to adopt a standardized methodology for valuation of damages to conservation lands before making a valuation of damage to land in the conservation district resulting from excessive sedimentation. 132 H. 247, 320 P.3d 912 (2014).  The intermediate court of appeals correctly determined that the board of land and natural resources had jurisdiction, pursuant to paragraph (7), to institute a proceeding to enforce land use regulations on conservation district lands in a case involving the alleged damages to state lands and natural resources due to excessive sedimentation. 132 H. 247, 320 P.3d 912 (2014).
HI Rev Stat § 183C-5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|183C. Conservation District|183C-5 Nonconforming uses.

  §183C-5 Nonconforming uses. Neither this chapter nor any rules adopted hereunder shall prohibit the continuance of the lawful use of any building, premises, or land for any trade, industrial, residential, or other purpose for which the building, premises, or land was used on October 1, 1964, or at the time any rule adopted under authority of this part takes effect. All such existing uses shall be nonconforming uses. Any land identified as a kuleana may be put to those uses which were historically, customarily, and actually found on the particular lot including, if applicable, the construction of a single family residence. Any structures may be subject to conditions to ensure they are consistent with the surrounding environment. [L 1994, c 270, pt of §1]
HI Rev Stat § 183C-7 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|183C. Conservation District|183C-7 Penalty for violation.

  §183C-7 Penalty for violation. (a) The department shall prescribe administrative procedures as it deems necessary for the enforcement of this chapter and any zoning rule adopted in accordance therewith. These rules may be enforced by court order at the suit of the department or of the owner or owners of real estate directly affected by the rules. The provisions of section 607-25 shall apply to this chapter.  (b) Any person violating this chapter or any rule adopted in accordance with this chapter shall be fined not more than $15,000 per violation in addition to administrative costs, costs associated with land or habitat restoration, and damages to public land or natural resources, or any combination thereof. After written or verbal notification from the department, wilful violation of this chapter or any rule adopted in accordance with this chapter may incur an additional fine of up to $15,000 per day per violation for each day in which the violation persists. The board may set, charge, and collect the fine based on the value of the natural resource that is damaged, the market value of the natural resource damaged, 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 subsection are cumulative and in addition to any other remedies allowed by law.  (c) This section shall not be construed to prohibit any person from exercising native Hawaiian gathering rights or traditional cultural practices as authorized by law or as permitted by the department pursuant to article XII, section 7, of the Hawaii constitution. [L 1994, c 270, pt of §1; am L 2003, c 16, §1; am L 2008, c 217, §1] Note  The amendment made by L 2014, c 218, §8 is not included in this section.
HI Rev Stat § 183C-8 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|183C. Conservation District|183C-8 Zoning order; appeal to circuit environmental court.

  §183C-8 Zoning order; appeal to circuit environmental court. Except as otherwise provided in this chapter, any final order of the department based upon this chapter may be appealed to the circuit environmental court of the circuit in which the land in question is found. The appeal shall be in accord with chapter 91 and the Hawaii rules of civil procedure. [L 1994, c 270, pt of §1; am L 2014, c 218, §8; am L 2016, c 48, § §7, 14; am L 2019, c 213, §1] Rules of Court  Appeal to circuit court, see HRCP rule 72.
HI Rev Stat § 183C-9 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|183C. Conservation District|183C-9 Contested cases.

  §183C-9 Contested cases. (a) Chapter 91 shall apply to every contested case arising under this chapter except where chapter 91 conflicts with this chapter, in which case this chapter shall apply. Any other law to the contrary notwithstanding, including chapter 91, any contested case under this chapter shall be appealed from a final decision and order or a preliminary ruling that is of the nature defined by section 91-14(a) upon the record directly to the supreme court for final decision, except for those appeals heard pursuant to this chapter arising in whole or in part from part III of chapter 205A or arising in whole or in part from chapter 115. Only a person aggrieved in a contested case proceeding provided for in this chapter may appeal from the final decision and order or preliminary ruling. For the purposes of this section, the term "person aggrieved" includes an agency that is a party to a contested case proceeding before that agency or another agency.  (b) The court shall give priority to contested case appeals of significant statewide importance over all other civil or administrative appeals or matters and shall decide these appeals as expeditiously as possible. [L 2016, c 48, § §2, 14; am L 2019, c 213, §1]
HI Rev Stat § 183D-1 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|183D. Wildlife|183D-1 Definitions.

  §183D-1 Definitions. As used in this chapter, unless the context indicates otherwise:  "Aquaculture" means the propagation, cultivation, or farming of aquatic plants and animals in controlled or selected environments for research purposes, commercial purposes, or stocking purposes.  "Aquatic life" means any type of species of mammal, fish, amphibian, reptile, mollusk, crustacean, arthropod, invertebrate, coral, or other animal that inhabits the freshwater or marine environment, and includes any part, product, egg, or offspring thereof; or freshwater or marine plants, including seeds, roots, and other parts thereof.  "Board" means the board of land and natural resources.  "Department" means the department of land and natural resources.  "Feral deer" means a deer that has escaped or been released from domestication and is living in a wild and unconfined state.  "Game" means birds and mammals designated by law or by rule for hunting.  "Game birds" means birds designated by law or by rule for hunting.  "Game mammals" means mammals designated by law or by rule for hunting.  "Possess" means to place under direct physical control, restraint, or confinement.  "Predators" means animals destructive of wildlife by nature of their predatory habits, including mongooses, cats, dogs, and rats.  "Release" means to free an animal from effective confinement or restraint.  "Take" means to injure, hunt, shoot, wound, kill, trap, net, capture, or possess.  "Wild birds" means birds, other than game birds, living in a wild and undomesticated state, and the young and eggs of those birds.  "Wildlife" means any nondomesticated member of the animal kingdom, including game, whether reared in captivity or not, and includes any part, product, egg, or offspring thereof, except aquatic life as defined in this section.  "Wild mammals" means mammals, other than game mammals, living in a wild and undomesticated state, and the young of those mammals. [L 1985, c 174, pt of §4; am L 1986, c 272, §1; am L 2001, c 177, §1; am L 2012, c 144, §3]