HB 1578: Channels; Streambeds; Streambanks; Drainageways; Maintenance; Counties; BLNR

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:

 

     SECTION 1.  Section 171-58.5, Hawaii Revised Statutes, is amended to read as follows:

     "§171-58.5  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;

     (2)  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;

     (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 this placement would result in significant turbidity;

     (4)  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;

     (5)  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

     (6)  For the response to a public emergency or a state or local disaster."

     SECTION 2.  Section 179-4, Hawaii Revised Statutes, is amended to read as follows:

     "§179-4  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:

     (1)  Coordinate the programs and activities of all agencies of the State, in conformance with the objectives of the statewide flood control program.

     (2)  Compile, evaluate, interpret, and disseminate information for technical use and for the general information and education of the people of the State.

     (3)  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.

     (4)  With regard to federal flood control projects:

          (A)  Review plans submitted by federal agencies for state approval and make appropriate recommendations to the governor;

          (B)  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;

          (C)  Review requests from political subdivisions for financial assistance in meeting local participation requirements and make appropriate recommendations to the legislature; and

          (D)  Execute and administer agreements with political subdivisions to implement state assurances of participation in federal flood control projects.

     (5)  For meritorious proposed projects which do not meet feasibility standards for federal flood control projects:

          (A)  Formulate state feasibility criteria and project funding procedures;

          (B)  Study, evaluate, and determine the feasibility of proposed projects in accordance with established criteria and make recommendations to the legislature;

          (C)  Execute and administer agreements with political subdivisions to assure compliance with the conditions of state projects; and

          (D)  Design, prepare plans and specifications, obtain bids, let contracts, and supervise the construction of state flood control works.

     (6)  With regard to projects initiated and financed entirely by political subdivisions, render coordination and aid only if requested by the respective agencies.

    [(7)  With regard to state ownership of drainageways, coordinate the resolution of drainageway maintenance problems with the appropriate state agency or agencies.

     (8)  With regard to multiple jurisdiction of drainageways, the board shall coordinate the resolution of drainageway maintenance problems with all affected political subdivisions.

     (9)  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.]

     (7)  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

          (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."

     SECTION 3.  Section 205A-44, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(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."

     SECTION 4.  Section 46-11.5, Hawaii Revised Statutes, is repealed.

     ["[§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."]

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  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.