reglab/housing_qa huggingface dataset:
HI Rev Stat § 179D-27 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|179D. Dams and Reservoirs|179D-27 Dams and reservoirs completed prior to July 6, 2007.

  §179D-27 Dams and reservoirs completed prior to July 6, 2007. (a) Every owner of a dam or reservoir that falls within the definition of a dam or reservoir in this chapter and was completed prior to July 6, 2007 shall file with the board a separate application for a certificate of approval to impound and any other supporting information as required by the board for each dam or reservoir. Each application shall also be accompanied by application fees as required by the board. During the application process for a certificate of approval to impound, the owner or operator of a dam or reservoir may continue to impound water, unless the board determines that the dam or reservoir may pose a danger to the health and safety of persons or property.  (b) The board shall give notice to file an application for certificate of approval to impound to owners of dams or reservoirs who have failed to file such applications as required by this chapter.  (c) The notice provided for in this section shall be delivered by certified mail to the owner at the owner's last address of record in the office of the county tax assessor in which the dam or reservoir is located. The mailing shall constitute service.  (d) The board shall make inspections of any dams and reservoirs, unless the data, records, and inspection reports on file with it are found adequate to enable a determination of whether or not the certificate of approval to impound should be issued.  (e) The board shall require owners of the dams and reservoirs to perform at their expense any work or tests as may reasonably be required to disclose information sufficient to enable the board to determine whether to issue certificates of approval to impound, or to issue orders directing further work at the owner's expense necessary to safeguard life and property. For this purpose, the board may require an owner or operator to lower the water level of, or to drain, the dam or reservoir.  (f) If, upon inspection or upon completion to the satisfaction of the board of all work that may be ordered, the board finds that the dam and reservoir are safe to impound water, a certificate of approval to impound shall be issued. The board may find that the dam or reservoir will not safely impound water and may refuse to issue a certificate of approval to impound. Upon finding that the dam or reservoir is unsafe to impound water, the board shall issue a written notice to the owner. After receipt of the notice, the owner shall no longer cause or allow the dam and reservoir to impound water. [L 2007, c 262, pt of §1] Revision Note  "July 6, 2007" substituted for "effective date of this Act" and "the effective date of this Act" respectively.
HI Rev Stat § 179D-28 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|179D. Dams and Reservoirs|179D-28 Dams and reservoirs under construction, enlargement, repair, alteration, or removal before July 6, 2007.

  §179D-28 Dams and reservoirs under construction, enlargement, repair, alteration, or removal before July 6, 2007. (a) Any dam or reservoir that falls within the definitions of a dam or reservoir in this chapter and which the board finds was under construction, enlargement, repair, alteration, or removal, and based on its findings not more than ninety per cent constructed, enlarged, repaired, altered, or removed on July 6, 2007, except as provided in subsection (b), shall be subject to the same provisions in this section as a dam or reservoir commenced after that date. Every owner of a dam or reservoir subject to this section shall file an application with the board for the board's written application approval of the plans and specifications for the dam or reservoir.  (b) Construction, enlargement, repair, alteration, or removal work on the dam or reservoir may proceed; provided an application for approval of the plans and specifications is filed; until:   (1) An application approval is received by the owner approving the dam or reservoir; or   (2) An order is received by the owner specifying how the construction, enlargement, repair, alteration, or removal must be performed to render the dam or reservoir safe.  After receipt of an application approval or order specifying how construction, enlargement, repair, alteration, or removal of the dam or reservoir must be performed, work thereafter must be in accordance with the application approval or order. [L 2007, c 262, pt of §1] Revision Note  "July 6, 2007" substituted for "effective date of this Act" and "the effective date of this Act" respectively.
HI Rev Stat § 179D-29 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|179D. Dams and Reservoirs|179D-29 Annual report.

  §179D-29 Annual report. The department shall submit an annual report to the governor and the legislature by January 5 of each year concerning the activities of the department relating to this chapter for the preceding fiscal year. The report shall include but not be limited to information on the following:  (1) Approvals of plans and specifications for the construction of dams and reservoirs and for alterations, modifications, repairs, removal, and enlargements of any dams and reservoirs;  (2) A listing of dam and reservoir safety inspections made;  (3) Use of appropriated funds;  (4) Rules adopted or amended;  (5) Enforcement orders and proceedings;  (6) Dam and reservoir failures and department evaluations of the reasons for the failure, if known; and  (7) Any other available data regarding the effectiveness of the State's dam and reservoir safety program. [L 2007, c 262, pt of §1]
HI Rev Stat § 179D-30 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|179D. Dams and Reservoirs|179D-30 Dam and reservoir owners; general requirements and responsibilities.

  §179D-30 Dam and reservoir owners; general requirements and responsibilities. Dam and reservoir owners subject to regulation under this chapter shall, among other general requirements and responsibilities:  (1) Maintain an operation and maintenance plan, including an owner or operator, as the case may be, inspection and monitoring program, with written, regularly scheduled reports to the board, to maintain and keep the structure, its appurtenant works, and access in the state of repair and operating condition required by the exercise of due care, with regard for the safety of persons or property, sound and accepted engineering principles, and the rules adopted by the board;  (2) Establish an emergency action plan for high and significant hazard potential dams and reservoirs and provide this plan to the board, state and county emergency management agencies, and other necessary parties, with regard for the safety of persons or property, sound and accepted engineering principles, and the rules adopted by the board;  (3) Cooperate with the board's agents, engineers, and employees in carrying out this chapter;  (4) Facilitate access by any necessary state agencies or authorized representative, to the dam, reservoir, or appurtenances. Access by a four-wheeled-drive vehicle to the dam or reservoir site, and appurtenances if required by the board, shall be maintained at all times; provided that if vehicular access to the dam or reservoir site cannot be maintained during periods of inclement weather, the dam or reservoir owner for high and significant hazard potential dams or reservoirs shall have redundant early warning systems in place, as approved by the board; and  (5) Furnish upon request the plans, specifications, operating and maintenance data, or other information that is pertinent to the dam and reservoir structure and appurtenances as indicated in this chapter. [L 2007, c 262, pt of §1; am L 2014, c 111, §8]
HI Rev Stat § 180-1 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|180. Soil and Water Conservation Districts|180-1 Definitions.

  §180-1 Definitions. Whenever used in this chapter:  "Director" means a member of the governing body of a district.  "District" or "soil and water conservation district" means a governmental subdivision of this State, and a public body corporate and politic, organized in accordance with this chapter.  "Due notice" means notice given during a ten-day period by publication or if no means of publication is available by posting at a reasonable number of conspicuous places within the affected area.  "Land occupier" or "occupier of land" includes any person, firm, or corporation who leases or holds title to lands for agricultural designation or use within a district organized, or to be organized, under this chapter. [L 1947, c 191, §3; RL 1955, §28-2; am L Sp 1959 2d, c 1, §38; am L 1961, c 53, §1; HRS §180-1; am L 1991, c 94, §2]
HI Rev Stat § 180-2 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|180. Soil and Water Conservation Districts|180-2 General powers and duties of department.

  §180-2 General powers and duties of department. The department of land and natural resources shall keep a record of its official actions and may perform acts and adopt rules as may be necessary for the execution of its functions under this chapter. It may call upon the attorney general for legal services or employ its own counsel in conformity with section 28-8.3. It may delegate to any member, agent, or employee, powers and duties as it may deem proper. Upon request of the department, other agencies of the state government, insofar as available appropriations and resources will permit, shall assign staff members or personnel to the department, and make reports, surveys, or studies as the department may request. [L 1947, c 191, pt of §4; RL 1955, §28-5; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; am L 1967, c 145, § §1, 2; HRS §180-2; am L Sp 1993, c 8, §53; am L 2015, c 35, §36]
HI Rev Stat § 180-3 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|180. Soil and Water Conservation Districts|180-3 Additional powers and duties of department.

  §180-3 Additional powers and duties of department. The department of land and natural resources may:  (1) Offer appropriate assistance to the directors of districts in carrying out their powers and programs;  (2) Keep districts informed of the activities of other such districts and facilitate cooperation between them;  (3) Coordinate district programs so far as that may be done by advice and consultation;  (4) Obtain the assistance of the United States and of other state agencies in the work of the districts;  (5) Disseminate information throughout the State concerning district activities and programs and encourage the formation of districts in appropriate areas. [L 1947, c 191, pt of §4; RL 1955, §28-6; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; am L 1967, c 145, § §1, 2; HRS §180-3]
HI Rev Stat § 180-4 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|180. Soil and Water Conservation Districts|180-4 Creation of soil and water conservation districts; petition.

  §180-4 Creation of soil and water conservation districts; petition. Occupiers of land representing a total of twenty-five or more votes lying within an area proposed to be organized into a district may file a petition with the department of land and natural resources asking that the district be organized. The department shall prescribe the form of the petitions, which shall state:  (1) The proposed name of the district, and  (2) A general description of the area proposed to be organized as a district.  Where more than one petition is filed covering parts of the same territory, the department may consolidate the petitions. The area of a district need not be contiguous but shall not include any of the area of any other district. [L 1947, c 191, pt of §5; RL 1955, §28-7; am L Sp 1959 2d, c 1, §22; am L 1961, c 53, §1 and c 132, §2; am L 1967, c 145, § §1, 2; HRS §180-4]
HI Rev Stat § 180-5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|180. Soil and Water Conservation Districts|180-5 Hearing on petition.

  §180-5 Hearing on petition. Within thirty days after the filing of such a petition, the department of land and natural resources shall cause due notice to be given of a public meeting to consider the question of the need for the creation of the district, whether local public sentiment is in favor of its creation and the area that should be included within its boundaries. After such meeting, if the department determines that there is a need for the district and public sentiment favors its creation, it shall define the boundaries for the proposed district. Should the department deny any petition to organize a district, subsequent petitions covering the same or substantially the same area may be filed with the department after six months after the date of the denial of the petition. [L 1947, c 191, pt of §5; RL 1955, §28-8; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; am L 1967, c 145, § §1, 2; HRS §180-5]
HI Rev Stat § 180-6 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|180. Soil and Water Conservation Districts|180-6 Referendum on creation; election of officers.

  §180-6 Referendum on creation; election of officers. After the department of land and natural resources has determined that there is need for and local public sentiment is in favor of the creation of a proposed district it shall, within a reasonable time, give due notice of and hold a referendum upon the question of the creation of the district, and, at the same time, hold an election to elect three directors for the district. Nominating petitions may be filed with the department to nominate candidates for directors but must be filed at least ten days prior to the election and must be subscribed by occupiers of lands representing a total of twenty-five or more votes within the proposed district. Land occupiers may sign more than one such petition.  Occupiers of lands lying within the proposed district shall be entitled to vote on the proposition of the creation of the district and in the election of district directors. Voting shall be by ballots on which shall appear the words "For Creation of the--Soil and Water Conservation District", and "Against Creation of the--Soil and Water Conservation District", with a square before each proposition and a direction to mark the square before one or the other of the propositions as favored by the voter. The names of candidates nominated for district directors shall also appear on ballots with a square before each name and a direction to mark the square before any three names to indicate the voter's preference; provided that if the number of candidates nominated for district directors does not exceed the number of vacancies, the department of land and natural resources shall certify the election of the candidates nominated. The department shall adopt rules and regulations relating to the conduct and payment of all expenses relating to the referenda and elections.  Any other provision contained in this chapter to the contrary notwithstanding, a referendum upon the question of the creation of the district need not be held if the petition asking for the organization of the district is signed by all of the land occupiers within the same. [L 1947, c 191, pt of §5; RL 1955, §28-9; am L 1959, c 39, §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 53, §1 and c 132, §2; am L 1967, c 145,  § §1, 2; HRS §180-6; am L 1969, c 140, §1]
HI Rev Stat § 180-7 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|180. Soil and Water Conservation Districts|180-7 Determining feasibility of operation of district.

  §180-7 Determining feasibility of operation of district. The department of land and natural resources shall, within a reasonable time thereafter, determine whether the operation of the proposed district would be administratively practicable and feasible; provided that it shall not have the authority to determine in favor of the creation of the district unless at least a majority of the votes cast in the referendum shall have been cast in favor thereof. In making such determination and in determining the need for a proposed district, the department shall give due regard to the topography, composition of soils, distribution of erosion, prevailing land use practices within the proposed district, the probable expense of carrying on erosion control operations within the district and other relevant geographical, physical, economic, and social factors. If the department determines in favor of the creation of a district it shall make public the result of the election to elect directors. The three candidates who receive the largest number, respectively, of the votes cast in the election, shall be the elected directors for the district and the department shall appoint two directors to act with the three elected directors as the governing body of the district. [L 1947, c 191, pt of §5; RL 1955, §28-10; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; am L 1967, c 145, § §1, 2; HRS §180-7]
HI Rev Stat § 180-8 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|180. Soil and Water Conservation Districts|180-8 Organization of district.

  §180-8 Organization of district. To complete the organization of the district, the department of land and natural resources shall present to the lieutenant governor a statement setting out the name of the district and its boundaries, and certifying that the procedures prescribed in this chapter for the organization of a district have been fully complied with in organizing this district. The statement shall request the lieutenant governor to issue a certificate of organization to the district. The lieutenant governor shall record the statement in the lieutenant governor's office and shall issue to the directors of the district a certificate, under the seal of the State, of the due organization of the district. [L 1947, c 191, pt of §5; RL 1955, §28-11; am L Sp 1959 2d, c 1, § §9, 22; am L 1961, c 132, §2; am L 1967, c 145, § §1, 2; HRS §180-8; gen ch 1985]
HI Rev Stat § 180-9 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|180. Soil and Water Conservation Districts|180-9 Renewal of petition to create.

  §180-9 Renewal of petition to create. After six months after the date of a determination by the department of land and natural resources that the operation of a proposed district would not be administratively practicable and feasible, subsequent petitions covering the same or substantially the same territory may be filed as aforesaid. [L 1947, c 191, pt of §5; RL 1955, §28-12; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; am L 1967, c 145, § §1, 2; HRS §180-9]
HI Rev Stat § 180-10 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|180. Soil and Water Conservation Districts|180-10 Adding territory; petition.

  §180-10 Adding territory; petition. Petitions for adding territory to an existing district may be filed with the department of land and natural resources and the proceedings herein provided for the organization of a district shall be observed in such case. Where the number of land occupier votes in the area proposed to be added is less than twenty-five, the petition may be filed when signed by a majority of such occupiers and in such case no referendum need be held. [L 1947, c 191, pt of §5; RL 1955, §28-13; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; am L 1967, c 145, § §1, 2; HRS §180-10]
HI Rev Stat § 180-11 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|180. Soil and Water Conservation Districts|180-11 Consolidating districts; petition.

  §180-11 Consolidating districts; petition. Petitions for the consolidation of two or more districts may be filed with the department of land and natural resources. The petitions must be signed by a majority of the members of the governing body, or by twenty-five or more land occupier votes in, each district proposed to be consolidated. In such event the procedures herein provided for organizing districts shall be observed, insofar as they are applicable; provided that the votes cast in the referendum on the question of consolidation shall be counted separately for each district and the department shall not have authority to determine in favor of the proposed consolidation unless a majority of the votes cast with respect to each separate district shall have been cast in favor thereof. The provisions of sections 180-6 to 180-8 governing the selection of district governing bodies and the completion of the organization of districts shall apply to the selection of a governing body for and the completion of the organization of any new district resulting from a consolidation of districts. The terms of office of the directors of the consolidating districts shall expire and the terms of office of the directors of the new consolidated district shall commence, upon the issuance by the lieutenant governor of a certificate of the due organization of the consolidated district. Upon such a consolidation, all the property rights and liabilities of the several consolidating districts shall be vested in and assumed by the consolidated district. [L 1947, c 191, pt of §5; RL 1955, §28-14; am L Sp 1959 2d, c 1, § §9, 22; am L 1961, c 132, §2; am L 1967, c 145, § §1, 2; HRS §180-11]
HI Rev Stat § 180-12 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|180. Soil and Water Conservation Districts|180-12 Appointment, election, qualifications, and tenure of directors.

  §180-12 Appointment, election, qualifications, and tenure of directors. The terms of office of the two district directors appointed pursuant to section 180-7 shall be three years, except that those first appointed shall be for one and two years, respectively. The terms of the three elected directors shall be three years. Unexpired terms shall be filled by a majority vote of the district's remaining directors. Successors to full terms shall be appointed or elected, as originally selected. The directors shall either live or work in the districts they represent. The districts shall conduct their own elections and submit the results to the department for certification. Land occupiers representing individual farms, ranches, or plantations are eligible to have one vote for each one hundred acres or less lying within a district. Each acreage can be accounted for only once, with priority voting in order of land occupier, and land owner, respectively; provided that to be eligible to vote, a land occupier shall first provide the district with its name, address, and information clearly identifying the acreage. The directors shall designate a chairperson and may, from time to time, change the designation. A majority of the directors shall constitute a quorum and the concurrence of a majority upon any official matter shall be necessary. Directors shall receive no compensation for their services, but shall be entitled to necessary expenses. They may employ and fix the compensation of such officers and employees as they may require, and shall provide for surety bonds for employees or officers who are entrusted with funds. Directors shall keep a record of proceedings, resolutions, rules, and orders issued or adopted, and accounts of receipts and disbursements, and shall furnish to the department copies of such documents, instruments, or information concerning their activities as the department may request. [L 1947, c 191, §6; RL 1955, §28-15; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; am L 1967, c 145, § §1, 2; HRS §180-12; am L 1991, c 94, §3]