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HB1578
HOUSE OF REPRESENTATIVES
H.B. NO.
1578
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to stream maintenance
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1
.
�
Section
171-58.5, Hawaii Revised Statutes, is amended to read as follows:
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"
�171-58.5
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Prohibitions.
�
The mining or taking of sand, dead coral or
coral rubble, rocks, soil, or other marine deposits seaward from the shoreline
is prohibited with the following exceptions:
����
(1)
�
The inadvertent
taking from seaward of the shoreline of these materials, such as those
inadvertently carried away on the body, and on clothes, toys, recreational
equipment, and bags;
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(2)
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For the
replenishment or protection of public shoreline areas and adjacent public lands
seaward of the shoreline, or construction or maintenance of state approved
lagoons, harbors, launching ramps, or navigational channels with a permit
authorized under chapter 183C;
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(3)
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The clearing of
these materials from existing drainage pipes and canals and from the mouths of
streams including clearing for the purposes under section [
46-11.5;
]
179-4(7);
provided that the sand removed shall be placed on adjacent areas unless this
placement would result in significant turbidity;
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(4)
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The cleaning of
areas seaward of the shoreline for state or county maintenance purposes
including the purposes under section 46-12; provided that the sand removed
shall be placed on adjacent areas unless the placement would result in
significant turbidity;
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(5)
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The exercise of
traditional cultural practices as authorized by law or as permitted by the
department pursuant to article XII, section 7, of the Hawaii State
Constitution; or
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(6)
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For the response
to a public emergency or a state or local disaster."
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SECTION
2
.
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Section 179-4,
Hawaii Revised Statutes, is amended to read as follows:
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"
�179-4
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Powers, duties, and
jurisdiction of the board.
�
In
addition to those powers and responsibilities of the board of land and natural
resources established by existing law, the board is authorized to implement the
declared purposes of this chapter with regard to flood control and flood water
conservation in the following manner:
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(1)
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Coordinate the
programs and activities of all agencies of the State, in conformance with the
objectives of the statewide flood control program.
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(2)
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Compile, evaluate,
interpret, and disseminate information for technical use and for the general
information and education of the people of the State.
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(3)
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Render technical
assistance to the political subdivisions and other agencies of the State only
upon request of the affected agencies in matters of master planning, zoning,
qualifying for, and constructing federal and state flood control projects, the
training of flood fighting units, and related flood control activities.
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(4)
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With regard to
federal flood control projects:
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(A)
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Review plans
submitted by federal agencies for state approval and make appropriate
recommendations to the governor;
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(B)
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Formulate and
recommend to the legislature a general policy for state participation with the
political subdivisions in the assurances of local cooperation required by
federal flood control acts;
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(C)
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Review requests
from political subdivisions for financial assistance in meeting local
participation requirements and make appropriate recommendations to the
legislature; and
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(D)
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Execute and
administer agreements with political subdivisions to implement state assurances
of participation in federal flood control projects.
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(5)
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For meritorious
proposed projects which do not meet feasibility standards for federal flood
control projects:
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(A)
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Formulate state
feasibility criteria and project funding procedures;
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(B)
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Study, evaluate,
and determine the feasibility of proposed projects in accordance with
established criteria and make recommendations to the legislature;
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(C)
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Execute and
administer agreements with political subdivisions to assure compliance with the
conditions of state projects; and
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(D)
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Design, prepare
plans and specifications, obtain bids, let contracts, and supervise the
construction of state flood control works.
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(6)
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With regard to
projects initiated and financed entirely by political subdivisions, render
coordination and aid only if requested by the respective agencies.
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[
(7)
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With regard to
state ownership of drainageways, coordinate the resolution of drainageway
maintenance problems with the appropriate state agency or agencies.
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(8)
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With regard to
multiple jurisdiction of drainageways, the board shall coordinate the
resolution of drainageway maintenance problems with all affected political
subdivisions.
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(9)
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With regard to
certain streambeds, streambanks, and drainageways whose ownership is not
claimed nor determined, the board shall coordinate the resolution of streambed,
streambank, and drainageway maintenance problems with the appropriate state
agency or agencies.
]
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(7)
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Provide for the
maintenance of channels, streambeds, streambanks, and drainageways, whether
natural or artificial, including their exits to the ocean, in suitable
condition to carry off storm waters; and for the removal from the channels,
streambeds, streambanks, and drainageways and from the shores and beaches of any
debris that is likely to create an unsanitary condition or otherwise become a
public nuisance; provided that:
���������
(A)
�
Any
channels, streambeds, streambanks, and drainageways that are privately owned
shall be maintained by their respective owners; and
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(B)
�
To
the extent any of the foregoing maintenance or removal work is a private
responsibility, the responsibility may be enforced by the board in lieu of the
work being done at the board's expense, and any private entity or person
refusing to comply with any final order issued by the board shall be in
violation of this paragraph and be liable for a civil penalty not to exceed
$500 for each day the violation continues.
��
[
(10)
]
(8)
�
The board may promulgate rules to implement
this chapter."
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SECTION
3
.
�
Section
205A-44, Hawaii Revised Statutes, is amended by amending subsection (a) to read
as follows:
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"(a)
�
The mining or taking of sand, dead coral or
coral rubble, rocks, soil, or other beach or marine deposits from the shoreline
area is prohibited with the following exceptions:
����
(1)
�
The inadvertent
taking from the shoreline area of the materials, such as those inadvertently
carried away on the body, and on clothes, toys, recreational equipment, and
bags;
����
(2)
�
Where the mining
or taking is authorized by a variance pursuant to this part;
����
(3)
�
The clearing of
these materials from existing drainage pipes and canals and from the mouths of
streams including clearing for the purposes under section [
46-11.5;
]
179-4(7);
provided that the sand removed shall be placed on adjacent areas unless the
placement would result in significant turbidity;
����
(4)
�
The cleaning of
the shoreline area for state or county maintenance purposes, including the
clearing for purposes under section 46-12; provided that the sand removed shall
be placed on adjacent areas unless the placement would result in significant
turbidity;
����
(5)
�
The taking of
driftwood, shells, beach glass, glass floats, or seaweed;
����
(6)
�
The exercise of
traditional cultural practices as authorized by law or as permitted by the
department pursuant to article XII, section 7, of the Hawaii State
Constitution; or
����
(7)
�
For the response
to a public emergency or a state or local disaster."
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SECTION
4
.
�
Section
46-11.5, Hawaii Revised Statutes, is repealed.
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["
[�46-11.5]
�
Maintenance of
channels, streambeds, streambanks, and drainageways.
�
Notwithstanding any law to the contrary, each
county shall provide for the maintenance
of channels,
streambeds, streambanks, and drainageways, whether natural or artificial,
including their exits to the ocean, in suitable condition to carry off storm
waters; and for the removal from the channels, streambeds, streambanks, and
drainageways and from the shores and beaches any debris which is likely to
create an unsanitary condition or otherwise become a public nuisance; provided
that to the extent any of the foregoing work is a private responsibility the
responsibility may be enforced by the county in lieu of the work being done at
county expense, and any private entity or person refusing to comply with any
final order issued by the county shall be in violation of this chapter and be
liable for a civil penalty not to exceed $500 for each day the violation
continues; provided further that it shall be the responsibility of the county
to maintain all channels, streambeds, streambanks, and drainageways unless such
channels, streambeds, streambanks, and drainageways are privately owned or
owned by the State, in which event such channels, streambeds, streambanks, and
drainageways shall be maintained by their respective owners
.
"]
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SECTION 5.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION 6.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Channels;
Streambeds; Streambanks; Drainageways; Maintenance; Counties; BLNR
Description:
Transfers
responsibilities related to the maintenance of channels, streambeds,
streambanks, and drainageways from the counties to the Board of Land and
Natural Resources.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.