HB1956 • 2026

RELATING TO FRESHWATER WATERWAYS.

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: OLDS, AMATO, GARCIA, GEDEON, ILAGAN, KEOHOKAPU-LEE LOY, KILA, KUSCH, LEE, M., MARTEN, MATAYOSHI, MATSUMOTO, REYES ODA, SAYAMA, SOUZA, TAKAYAMA, TAKENOUCHI, TAM
Last action: 2026-02-20
Official status: Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with Representative(s) Perruso voting aye with reservations; none voting no (0) and Representative(s) Quinlan excused (1).
Effective date: Not listed

Plain English Breakdown

The bill summary and text do not provide specific details on the penalties for violations or the exact procedures for removing personal property.

Freshwater Waterways Protection Act

This bill prohibits individuals from residing within fifty feet of freshwater waterways such as rivers, streams, or drainage canals.

What This Bill Does

Prohibits individuals from residing in, on, or within fifty feet of a freshwater waterway.
Authorizes law enforcement officers to enforce the prohibition and issue orders for people to leave these areas.
Establishes procedures for removing unattended personal property left behind by those who violate the prohibition.
Requires coordination with homeless outreach agencies when enforcing this rule.

Who It Names or Affects

People living in or near freshwater waterways
Law enforcement officers and agencies
Homeless outreach organizations

Terms To Know

Freshwater waterway: A river, stream, or drainage canal.
Order to vacate: An order issued by law enforcement for someone to leave an area near a freshwater waterway.

Limits and Unknowns

The bill does not apply to lawful owners or renters of property within fifty feet of a freshwater waterway.
It is unclear how the enforcement will be carried out in practice and what resources will be provided for those affected by this law.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HD1

Hawaii published version HD1

Plain English: The amendment adds new rules that prohibit people from living within fifty feet of freshwater waterways and gives law enforcement agencies the power to enforce this rule.

Adds a new chapter in Hawaii Revised Statutes prohibiting individuals from residing within fifty feet of any freshwater waterway, unless allowed by specific exceptions.
Defines key terms such as 'freshwater waterway', 'law enforcement agency', and 'residing' to clarify the scope of the prohibition.
Establishes procedures for law enforcement officers to issue orders to vacate areas near freshwater waterways and provides a timeline for compliance.

The amendment text is truncated, so some details about how citations are handled after issuance may be incomplete or missing.

Bill History

2026-02-20 H
Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with Representative(s) Perruso voting aye with reservations; none voting no (0) and Representative(s) Quinlan excused (1).
2026-02-20 H
Reported from WAL (Stand. Com. Rep. No. 707-26) as amended in HD 1, recommending passage on Second Reading and referral to JHA.
2026-02-19 H
The committee on WAL recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Hashem, Morikawa, Belatti, Ichiyama, Poepoe, Woodson, Shimizu, Souza; Ayes with reservations: Representative(s) Iwamoto; Noes: none; and Excused: none.
2026-02-13 H
Bill scheduled for decision making on Thursday, 02-19-26 9:00AM in conference room 411 VIA VIDEOCONFERENCE.
2026-02-10 H
The committee(s) on WAL recommend(s) that the measure be deferred.
2026-02-06 H
Bill scheduled to be heard by WAL on Tuesday, 02-10-26 9:00AM in House conference room 411 VIA VIDEOCONFERENCE.
2026-01-28 H
Referred to WAL, JHA, referral sheet 3
2026-01-26 H
Introduced and Pass First Reading.
2026-01-23 H
Pending introduction.

Official Summary Text

RELATING TO FRESHWATER WATERWAYS.
Freshwater Waterways; Prohibition Against Residing; Personal Property
Prohibits residing in, on, or within fifty feet of a freshwater waterway. Authorizes law enforcement officers to enforce the prohibition. Specifies that violation is a civil violation, not a criminal offense. Establishes procedures for the removal, inventory, storage, and disposal of unattended personal property. Effective 7/1/3000. (HD1)

Current Bill Text

Read the full stored bill text

HB1956

HOUSE OF REPRESENTATIVES

H.B. NO.

1956

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to freshwater waterways
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

����
SECTION
1.
�
The legislature finds that Hawaii's
beaches and oceans sustain a rich and diverse ecosystem and serve as a
foundation of the State's culture, recreation, and economy.
�
Because of the State is an archipelago, the
health of the State's marine environment is inextricably linked to the
condition of its inland waterways.

����
The
legislature also finds that during Hawaii's rainy season, it is common for bays
or beaches to be affected by natural runoff from freshwater waterways.
�
Although this runoff occurs naturally, in
recent years the volume of human-made waste finding its way to streams and
being washed out to the ocean via these freshwater waterways has significantly
increased.
�
Encampments established in,
on, or immediately around freshwater waterways and drainage channels that lead
to the ocean have added to the human-made waste in Hawaii's freshwater waterways,
degrading marine habitats and diminishing public health and safety.
�
Furthermore, it has become increasingly
common for first responders to rescue individuals who reside in, on, or
immediately around these freshwater waterways, placing both the individuals and
the first responders at serious risk.

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Therefore,
the purpose of this Act is to help protect Hawaii's natural environment and
help protect human life by prohibiting residing in, on, or within fifty feet of
a freshwater waterway and authorizing law enforcement agencies to enforce the
prohibition.

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SECTION
2.
�
The Hawaii Revised Statutes is
amended by adding a new chapter to title 12, subtitle 6, to be appropriately
designated and to read as follows:

"
Chapter

VACATING
OF FRESHWATER WATERWAYS

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� -1
�
Definitions.
�
As used in this chapter:

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"Freshwater
waterway" includes a river, stream, or drainage canal.

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"Law
enforcement agency" means any county police department, the department of
law enforcement, and the division of conservation and resources enforcement of
the department of land and natural resources.

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"Law
enforcement officer" means a sheriff, deputy sheriff, police officer, or
an enforcement officer within a law enforcement agency.

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"Order
to vacate" means an order issued by a law enforcement agency to vacate any
area in, on, or within fifty feet of a freshwater waterway.

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� -2
�
Residence; prohibited.
�

Unless otherwise allowed by law, including section -3,
no individual shall reside in, on, or within fifty feet of a freshwater
waterway or within fifty feet of any wall, berm, or similar structure lining a
freshwater waterway.

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� -3
�
Applicability.
�
This chapter shall not be
construed to apply to:

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(1)
�
A lawful owner or renter of real property
within fifty feet of a freshwater waterway;

or

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(2)
�
Any other individual who lawfully occupies real
property
within fifty feet of a

freshwater waterway.

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�
-4
�
Violations; warning; citation; timeline.
�
(a)
�
A law enforcement officer shall address any
violation of this chapter as follows:

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(1)
�
For a first violation, the law enforcement
officer shall issue an oral order to vacate, which shall include the following:

���������
(A)
�
Notice that the individual is unlawfully
residing within fifty feet of a freshwater waterway or a wall, berm, or similar
structure lining the freshwater waterway;

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(B)
�
Instructions to the individual to remove the
individual's self and the individual's personal property from the area; and

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(C)
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Notice that failure to take significant steps
to vacate the area within six hours will result in a citation;

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(2)
�
For a second violation within six hours of the
first violation, a citation shall be issued if the individual:

���������
(A)
�
Remains in the prohibited area; or

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(B)
�
Has vacated the area but has left personal
property behind; and

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(3)
�
For a third violation within six hours of a
second violation, a citation shall be issued if the individual:

���������
(A)
�
Remains in the prohibited area; or

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(B)
�
Has vacated the area but has left personal
property behind.

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(b)
�
If an individual remains in the prohibited
area more than six hours after the issuance of a second citation, the law
enforcement officer shall initiate the county's established homeless encampment
clearance protocol.

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(c)
�
When conducting a homeless encampment
clearance pursuant to subsection (b), the law enforcement officer shall make
reasonable efforts to notify and coordinate with local homeless outreach
agencies, including the statewide office on homelessness and housing solutions
and any similar county offices or departments tasked with assisting individuals
experiencing homelessness, to provide support, services, and resources to
affected individuals.

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(d)
�
A citation issued pursuant to this section
shall be in addition to any other penalty or enforcement action authorized by
any other applicable law or ordinance.

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� -5
�
Enforcement.
�
In enforcing this chapter,
law enforcement agencies shall:

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(1)
�
Not be required to provide any advance notice
prior to issuing an order to vacate;

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(2)
�
Arrest and fine individuals who have violated
this chapter more than times; and

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(3)
�
Strive to contact public and private agencies,
entities, and organizations that assist homeless individuals before enforcing
this chapter in a particular location.

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� -6
�
Persons and personal property; relocation.
�

(a)
�
All persons or personal
property that is removed from a freshwater waterway shall be moved over fifty
feet from the edge of the freshwater waterway.

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(b)
�

If a wall, berm, or other similar structure borders the freshwater
waterway, all personal property that is removed from the freshwater waterway
shall be moved over fifty feet from the edge of the wall, berm, or structure.

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(c)
�

No property that is removed from a freshwater waterway shall be moved
onto private real property without the consent of the owner of the private real
property.

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� -7
�
Community complaints.
�

Complaints from the community regarding individuals
residing
in, on, or within fifty feet of a
freshwater
waterway shall:

����
(1)
�
Be made primarily to county police
departments; and

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(2)
�
Also be accepted directly by the department of
land and natural resources.

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� -8
�
Rules.
�
The department of land and
natural resources shall adopt rules pursuant to chapter 91 to implement this
chapter.

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�
-9
�
Relationship to other laws
.
�
Nothing in this chapter shall be construed to
preempt any other law or ordinance that prohibits entry into, occupancy of, or residing
within freshwater waterways or other protected areas."

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SECTION 3.
�
This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.

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SECTION 4.
�
This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Freshwater
Waterways; Prohibition Against Residing; DOCARE; Law Enforcement Agencies;
Counties

Description:

Prohibits
residing in, on, or within fifty feet of a freshwater waterway.
�
Authorizes state and local law enforcement
agencies, including county police, the Department of Land and Natural
Resources' Conservation and Resources Enforcement Program, and the Department
of Law Enforcement, to enforce the prohibition.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.