reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 179D. Dams and Reservoirs › 179D-25 Establishment of dam and reservoir safety special fund.

§179D-25 Establishment of dam and reservoir safety special fund.
(a) There is established in the department a special fund, to be designated the dam and reservoir safety special fund. The fund shall be administered by the board. The following shall be deposited into the dam and reservoir safety special fund:
(1) Appropriations by the legislature;
(2) All fees and administrative charges collected under this chapter or any rule adopted thereunder;
(3) Moneys collected as fines or penalties imposed under this chapter or any rule adopted thereunder;
(4) Moneys derived from public or private sources to benefit dam and reservoir safety;
(5) Moneys collected in full or partial satisfaction of liens created under this chapter;
(6) Any moneys collected from the sale of retail items by the department relating to dam and reservoir safety;
(7) Any other moneys collected pursuant to this chapter or any rules adopted thereunder; and
(8) Moneys derived from interest, dividends, or other income from other sources.
(b) The board may expend moneys from the dam and reservoir safety special fund for:
(1) Conducting investigations, research, and the collection of data, including technological advances made in dam and reservoir safety practices elsewhere;
(2) Conducting investigations, monitoring, and inspection programs and activities, and enforcement;
(3) Preparing and disseminating information to the public concerning activities authorized under this chapter;
(4) Training and providing educational activities for department staff and dam and reservoir owners;
(5) Employing any necessary remedial measures to protect persons and property in accordance with this chapter;
(6) The costs and expenses of the coordination, assistance, control, regulation, abatement, and inspection provided by this chapter; and
(7) Other purposes for the administration of the dam and reservoir safety program under this chapter or any rule adopted thereunder, including but not limited to funding permanent or temporary positions that may be appointed without regard to chapter 76.
The board shall provide coordination and assistance to the proper state or county agency or agencies to control any dam, reservoir, and appurtenances subject to section 179D-24 until they have been rendered safe or the emergency has terminated.
(c) Moneys on balance in the dam and reservoir safety special fund at the close of each fiscal year shall remain in that fund and shall not be transferred or lapsed to the credit of the general fund. [L 2007, c 262, pt of §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 179D. Dams and Reservoirs › 179D-26 Liens.

§179D-26 Liens.
(a) Costs of construction, enlargement, repair, alteration, or removal work done to render a dam, reservoir, or appurtenances safe shall constitute a statutory lien against all property of the owner. Notwithstanding any other law to the contrary, the lien shall be considered prior and superior to all other mortgages, liens, or encumbrances of record even if those other mortgages, liens, or encumbrances were filed before the lien pursuant to this subsection becomes due.
(b) Liens pursuant to subsection (a) may be perfected and foreclosed in advance of construction, enlargement, repair, alteration, or removal or after completion of the construction, enlargement, repair, alteration, or removal. If perfected in advance, the lien shall be perfected by the filing of an affidavit of the board setting forth the estimate of the costs of construction, enlargement, repair, alteration, or removal within the county in which the dam or reservoir is located in the same manner as prescribed for mechanic's liens. When the affidavit is filed, the amount set forth in the affidavit shall be a lien in that amount against all property of the owner. If the actual cost of construction, enlargement, repair, alteration, or removal exceeds the estimated cost, the board may amend the affidavit setting forth the additional estimated cost. If the estimated cost exceeds the actual costs of construction, enlargement, repair, alteration, or removal at completion, the board shall file an amended affidavit at completion. If a lien is perfected in advance and the construction, enlargement, repair, alteration, or removal is not commenced within two years from the date of perfection, the lien shall be void. The board shall file a satisfaction of lien upon payment of the costs of construction, enlargement, repair, alteration, or removal by the owner. [L 2007, c 262, pt of §1]
2023 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.
2023 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.
2023 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]
2023 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, §28]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 179D. Dams and Reservoirs › 179D-31 Dam and appurtenance improvement or removal grant program.

§179D-31 Dam and appurtenance improvement or removal grant program.
(a) There is established a dam and appurtenance improvement or removal grant program, to be developed and administered by the department for the improvement or removal of deficient dams in the State.
(b) The dam and appurtenance improvement or removal grant program shall provide funding to owners of private dams for plans, design, construction, and equipment to improve or remove deficient dams and appurtenances, as determined by the department.
(c) Each award shall be approved by the board before disbursement and shall be subject to conditions imposed by the board.
(d) The department may award grants based on criteria that shall be developed by the department. Each applicant shall meet the following requirements:
(1) The applicant shall be an owner of a high hazard or significant hazard dam or appurtenance that is regulated under this chapter;
(2) The applicant shall be the owner of a regulated dam or appurtenance that has been determined to have one or more deficiencies; provided that priority shall be given to dams or appurtenances rated to be in poor or unsatisfactory condition;
(3) The applicant shall indicate on the application that the proposed plans, design, construction, and equipment shall be intended for remediation or removal of the dam or appurtenance;
(4) If the applicant is an entity other than an individual, the applicant shall:
(A) Be licensed to conduct business in the State; and
(B) Have bylaws or policies that describe the manner in which business is conducted, prohibit nepotism, and provide for the management of potential conflicts of interest;
(5) The applicant shall agree to comply with all applicable federal and state laws prohibiting discrimination against any person on the basis of race, color, national origin, religion, creed, sex, age, sexual orientation, disability, or any other characteristic protected under applicable federal or state law;
(6) The applicant shall agree that grant moneys are not to be used for purposes of entertainment or perquisites;
(7) The applicant shall agree that all activities and improvements undertaken with funds received shall comply with applicable federal, state, and county laws, including statutes, ordinances, applicable building codes, and rules;
(8) The applicant shall agree to make available to the department all records that the applicant may have relating to the grant and allow state agencies to monitor the applicant's compliance with the purpose of this chapter;
(9) The applicant shall establish, to the satisfaction of the department, that sufficient funds are available for the completion of plans, design, and construction, or equipment needed for the purpose for which the grant is awarded; provided that the grant amount shall be included among the calculation of sufficient funds; and
(10) The applicant shall comply with other requirements or conditions as the department or board may prescribe. [L 2023, c 134, §3]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 180. Soil and Water Conservation Districts › 180-13 Powers of districts and directors.

§180-13 Powers of districts and directors.
A district organized under this chapter, and the directors thereof, shall have, in addition to other powers granted in this chapter, the power to:
(1) Provide for and encourage surveys, investigations, and research relating to soil and water conservation, and publish and disseminate information concerning such subjects;
(2) Provide for and encourage demonstrations relative to control and prevention of erosion and conservation of soil and water resources, and carry out preventive and control measures, on publicly owned lands within the district with the consent of the agency having jurisdiction thereof, and on other lands with the consent of the occupier of the lands;
(3) Cooperate or enter into agreements with, and furnish financial or other aid, including machinery, equipment, fertilizer, seeds, and other material, to any agency or any occupier of lands within the district, for carrying on soil and water control conservation and operations, subject to such conditions as the directors may deem necessary;
(4) Acquire property, real or personal, or rights or interest therein; maintain, administer, and improve the property, receive income from it, and expend the income in carrying out the purposes of this chapter; and sell, lease, or otherwise dispose of any of such property;
(5) Construct, improve, and maintain any structures necessary for carrying out the purposes of this chapter;
(6) Develop plans for conservation of soil and water resources and control and prevention of erosion within the district, and publish or otherwise bring them to the attention of district land occupiers;
(7) Accept contributions in money, services, materials or otherwise from any source, and use or expend them in carrying out its operations;
(8) Sue and be sued; have a seal, which seal shall be judicially noticed; and make and execute any necessary contracts or other instruments;
(9) As a condition to the extending of benefits, or the performance of work upon lands under this chapter, require land occupiers to contribute money, services, materials, or otherwise to any operations conferring such benefits, and impose any other reasonable conditions therefor;
(10) Form associations to coordinate their policies, objectives, and actions, with power to create staffs, set policies, obtain and administer soil and water conservation district program funds, provide surety bonds, coordinate soil and water conservation district projects, and conduct director training. Other powers shall require the approval of the districts; and
(11) Appoint associate directors to aid districts, but without director voting powers. [L 1947, c 191, §7; RL 1955, §28-16; HRS §180-13; am L 1991, c 94, §4]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 180. Soil and Water Conservation Districts › 180-14 State agencies to cooperate.

§180-14 State agencies to cooperate.
Agencies of the state government, or other governmental subdivisions of the State, which have jurisdiction over publicly owned lands lying within any soil and water conservation district, may cooperate with the district in the effectuation of programs and operations of the district. District directors shall be given access to enter and perform work upon the lands. [L 1947, c 191, §8; RL 1955, §28-17; am L 1961, c 53, §1; HRS §180-14]
Attorney General Opinions
Cooperative agreement with Hawaii county held authorized. Att. Gen. Op. 63-9.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 180. Soil and Water Conservation Districts › 180-15 Discontinuance of districts.

§180-15 Discontinuance of districts.
At any time after five years after the organization of a district under this chapter, any occupiers of land representing twenty-five or more votes lying within the district may petition the department of land and natural resources to terminate the existence of the district. The department may conduct such meetings and hearings upon the petition as may be necessary and, within sixty days after the filing of such a petition, shall hold a referendum upon the proposal. All occupiers of lands within the district shall be eligible to vote in the referendum.
After such referendum the department shall determine whether the continued operation of the district is necessary or practicable and feasible. The department shall not have authority to determine in favor of the continued operation of the district unless a majority of the votes cast in the referendum were in favor of the continued operation. If the department determines in favor of the discontinuance of the district, it shall certify such determination to the district directors and to the lieutenant governor. The lieutenant governor shall issue to the directors a certificate of dissolution and record a copy of the certificate in the lieutenant governor's office. Upon receipt of the certificate the directors shall terminate the affairs of the district. The directors shall dispose of all property belonging to the district at public auction and pay over the proceeds into the state treasury, and render to the department, a full accounting of the properties and proceeds of the sale. All contracts theretofore entered into, to which the district is a party, shall remain in force and effect for the period provided in the contracts. The department shall be substituted for the district as party to the contracts. The department shall not entertain petitions for the discontinuance of any district more often than once in five years. [L 1947, c 191, §9; RL 1955, §28-18; am L Sp 1959 2d, c 1, § §9, 22; am L 1961, c 132, §2; am L 1967, c 145, § §1, 2; HRS §180-15; gen ch 1985]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 180. Soil and Water Conservation Districts › 180-16 Budget.

§180-16 Budget.
The department of land and natural resources shall submit to the director of finance, annually the budgetary estimates and information required by chapter 37, and shall include therein estimates of the financial requirements of the department. All contributions, moneys, and funds received by any district shall be deposited to the credit of the state general fund. [L 1947, c 191, §10; RL 1955, §28-19; am L Sp 1959 1st, c 13, §2; am L Sp 1959 2d, c 1, § §14, 22; am L 1961, c 132, §2; am L 1963, c 114, §1; am L 1967, c 145, § §1, 2; HRS §180-16; am L 1993, c 280, §51]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 180C. Soil Erosion and Sediment Control › 180C-1 Definitions.

§180C-1 Definitions.
"Conservation plan" or "plan" means a plan for the control of soil erosion and sediment resulting from a land disturbing activity.
"Conservation standards" or "standards" means standards adopted within ninety days of the passage of this chapter by the department of health.
"County" means all the county governments of Honolulu, Maui, Kauai, or Hawaii.
"Department of health" or "department" shall mean the department of health of the State of Hawaii.
"Land disturbing activity" means any land change which may result in soil erosion from water or wind and the movement of sediment into state waters or onto lands in the State including, but not limited to, tilling, clearing, grading, excavating, transporting, and filling of land other than federal lands, except that the term shall not include such minor land disturbing activities as home gardens and individual home landscaping, repairs, and maintenance work.
"Persons" means any individual, partnership, firm, association, joint-venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, municipality, and other political subdivisions of the State, any interstate body or any other legal entity.
"Soil and water conservation districts" or "district" means a governmental subdivision of this State, and a public body corporate and politic, organized under chapter 180.
"State waters" means all waters, fresh, brackish or salt, around and within the State, including, but not limited to, coastal waters, streams, rivers, drainage ditches, ponds, reservoirs, canals, ground waters, and lakes; provided that drainage ditches, ponds, and reservoirs required as a part of a pollution control system are excluded. [L 1974, c 249, pt of §2]
Revision Note
Numeric designations deleted and definitions rearranged.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 180C. Soil Erosion and Sediment Control › 180C-2 Erosion and sediment control.

§180C-2 Erosion and sediment control.
(a) The county governments, in cooperation with the soil and water conservation districts and other appropriate state and federal agencies, shall enact ordinances for the purpose of controlling soil erosion and sediment.
(b) The ordinance for erosion and sediment control shall include but not be limited to the following:
(1) Be based on relevant physical and developmental information concerning the watersheds and drainage basins of the county and/or State including but not limited to data relating to land use, soil, hydrology and geology, size of land area being disturbed, approximate water bodies and their characteristics, transportation, and public facilities and services.
(2) Include such survey of land and waters as may be deemed appropriate by the county or required by any applicable law to identify areas including multi-jurisdictional and watershed areas with critical erosion and sediment problems.
(3) Contain standards for various types of soil and land uses, which standards shall include criteria, techniques, and methods for the control of erosion and sediment resulting from land disturbing activities.
(4) Include a provision whereby standards shall be deemed met if it can be shown that the land is being managed in accordance with soil conservation practices acceptable to the applicable soil and water conservation district directors, and that a comprehensive conservation program is being actively pursued. [L 1974, c 249, pt of §2]
Case Notes
The public trust duties imposed on the State under article XI, §1 of the Hawaii constitution also applied to the county, as a political subdivision of the State; article XI, §1 mandates that the county has an obligation to conserve and protect the State's natural resources; the county's power under the general laws with respect to its public trust duty to protect the natural resources of the State can be found in this chapter; thus, the county had a duty to protect the waters located adjacent to defendant's property. 111 H. 205, 140 P.3d 985 (2006).
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 180C. Soil Erosion and Sediment Control › 180C-3 Limitation of enactment of ordinances.

§180C-3 Limitation of enactment of ordinances.
The counties shall enact ordinances within one year from June 15, 1974. [L 1974, c 249, pt of §2]
Revision Note
"June 15, 1974" substituted for "the date of this law".
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 180C. Soil Erosion and Sediment Control › 180C-4 Department of health.

§180C-4 Department of health.
The department of health shall adopt conservation standards within ninety days after passage of this chapter. Upon the failure of any county or counties to enact soil erosion and sediment control ordinances within one year from the date of this bill, the department of health shall then, promulgate rules and regulations within one hundred eighty days, to be effective within those counties failing to enact such ordinances. [L 1974, c 249, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 181. Strip Mining › 181-1 Definitions.

§181-1 Definitions.
Whenever used in this chapter, unless a different meaning is plainly required by the context:
"Board" means the board of land and natural resources.
"Mineral" or "minerals" means any or all of the oil, gas, coal, phosphate, sodium, sulphur, iron, titanium, gold, silver, bauxite, bauxitic clay, diaspore, boehmite, laterite, gibbsite, alumina, all ores of aluminum and, without limitation thereon, all other mineral substances and ore deposits whether solid, gaseous, or liquid, in, on, or under any land; but does not include sand, rock, gravel, and other materials suitable for use and used in road construction.
"Operator" means an individual, firm, or corporation engaged in strip mining operations.
"Pit" means a tract of land of which the surface soil has been removed or is being removed or is proposed to be removed for mining.
"Strip mining" means mining of mineral by uncovering therefrom the surface soil above mineral deposits and mining directly from the mineral exposed for the purpose of carrying on a business of mining or selling mineral removed by the process.
Definitions and rules of construction stated in chapter 1 apply. [L 1957, c 161, §2; am L 1959, c 20, §1; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; Supp, §98C-2; HRS §181-1]
Cross References
General authority, see §26-15.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 181. Strip Mining › 181-2 Powers of board.

§181-2 Powers of board.
(a) The board of land and natural resources shall grant upon application therefor being made under section 181-4 a permit to strip mine, and may modify, suspend, revoke, or cancel the permit for cause as set forth in subsection (b) of section 181-4. The board shall also have full power and authority to carry out and administer this chapter and may designate one or more agents to act in its stead.
(b) The board on its own motion whenever it has reason to believe cause therefor exists may, and upon the sworn complaint in writing of any person setting forth facts which, if proved, would constitute grounds for refusal, suspension, revocation, or cancellation of a permit, shall investigate the acts or omissions of any person holding or claiming to hold a permit under this chapter or any acts or omissions of any person constituting a violation of this chapter.
(c) The board may enter upon the lands of any operator at any time for the purpose of inspection to determine whether this chapter has been complied with. For such purpose the board shall have access to all parts of the land upon which the pit is located and may use any right-of-way or easement available to the operator over any adjoining land.
(d) This chapter shall apply to the public lands of the State to the extent that they are not inconsistent with the laws of Hawaii relating to public lands. Nothing contained in this chapter shall be construed to limit, restrict, or otherwise affect the powers of the board over the public lands of the State as provided by the laws of Hawaii relating to public lands.
(e) Notwithstanding any act relating to forest reserves and water reserves, this chapter shall apply to mineral lands in such reserves. No act hereafter approved shall be deemed to repeal any provision of this chapter unless so specifically provided. [L 1957, c 161, §3; am L 1959, c 20, §2; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; Supp, §98C-3; HRS §181-2]
Cross References
Public lands, see chapter 171.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 181. Strip Mining › 181-3 Prohibitions.

§181-3 Prohibitions.
(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]