RELATING TO STORMWATER MANAGEMENT SYSTEMS.

SB2689

THE SENATE

S.B. NO.

2689

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to stormwater management systems
.

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

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SECTION 1.
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The
legislature finds that Act 281, Session Laws of Hawaii 2025, addressed public
safety related to stormwater detention and retention systems.
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Act 281 established section 46-11.7, Hawaii
Revised Statutes, to protect the health, safety, and welfare of the citizens of
the State by requiring the counties to regulate the permitting, construction, and
maintenance of retention and detention ponds and to conduct a survey of
existing retention and detention ponds.

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The legislature further finds, however,
that section 46‑11.7, Hawaii Revised Statutes, should not apply to
agricultural ponds that may receive stormwater incidental to their other
purposes, or low-risk green stormwater infrastructure, so that use of these
ecologically beneficial stormwater management features is not discouraged.
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Accordingly, the purpose of this Act is to
define agricultural ponds and low-risk green stormwater infrastructure and to
exclude them from the applicability of section 46-11.7, Hawaii Revised
Statutes.

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SECTION
2
.
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Section 46-11.7, Hawaii Revised Statutes, is
amended by amending subsections (c) and (d) to read as follows:

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"
(c)
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This section shall not apply to [
retention
]
:

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(1)
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Retention

ponds and detention ponds built on golf courses, hotels, resort properties, or
other secured recreational areas; provided that the entities who own, control,
or manage such properties shall provide the counties with proof of sufficient
security measures for [
its
]
their
retention ponds and detention
ponds[
.
]
;

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(2)
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Agricultural
ponds, even if they receive incidental stormwater runoff; provided that the
receipt and treatment of stormwater is not the primary purpose of the agricultural
pond; or

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(3)
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Low-risk
green stormwater infrastructure.

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(d)
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For the purposes of this section:

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"Agricultural
pond" means a pond, basin, or reservoir designed, constructed, and
operated primarily for agricultural water storage, irrigation, livestock
watering, aquaculture, or fire protection, and located on land zoned for
agricultural use or used for a farming operation as defined in section 165-2.

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"Detention pond" means an area
that is designed to:

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(1)
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Hold stormwater until the effects of
percolation, evapotranspiration, or controlled release return the area to its
normally dry state; and

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(2)
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Dissipate inflowing stormwater within
seventy-two hours to accommodate a new volume of water.

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"Low-risk
green stormwater infrastructure" means a system designed for infiltration,
evapotranspiration, filtration, or water quality treatment of stormwater,
including but not limited to rain gardens, bioretention cells or basins,
infiltration trenches or basins, vegetated biofilters, and enhanced or
vegetated swales, that:

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(1)
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Drains
standing water within forty-eight hours following cessation of rainfall; and

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(2)
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Has
a maximum ponding water depth above the planted or media surface that does not
exceed twelve inches during the applicable design storm; or

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(3)
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Has
a maximum ponding water depth above the planted or media surface that does not
exceed eighteen inches during the applicable design storm if the system's side
slopes do not exceed a ratio of four horizontal to one vertical.

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"Retention
pond" means a permanent or semi-permanent aquatic system that acts as a
trap where pollutants picked up by the initial surge of stormwater settle out
before leaving the system."

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SECTION 3.
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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 4.
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This Act shall take effect on July 1, 2026.

INTRODUCED BY:

_____________________________

Report Title:

Stormwater
Management Systems; Agricultural Ponds; Low-Risk Green Stormwater Infrastructure

Description:

Exempts
agricultural ponds and low-risk green stormwater infrastructure from
regulations covering retention ponds.
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Defines agricultural ponds and low-risk green stormwater infrastructure.

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