SB 2363: Counties; Public Lands; Closure; Restriction

A BILL FOR AN ACT

RELATING TO THE COUNTIES.

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

     SECTION 1.  The legislature finds that the counties manage and control public lands within their jurisdictions, including lands of great natural, cultural, and recreational significance.  These lands are used by residents and visitors and are essential to the public's enjoyment, health, and welfare.

     The legislature further finds that circumstances sometimes require the temporary or permanent closure or restriction of public access to these lands.  These circumstances may include natural disasters, hazardous conditions, wildfire risks, erosion, flooding, cultural site preservation, public sanitation, and other threats to public health or safety.

     The purpose of this Act is to authorize the counties to close or restrict public lands under the county's jurisdiction when necessary to protect public health, ensure public safety, or preserve natural or cultural resources.

     SECTION 2.  Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately designated and to read as follows:

     "§46-     Closure or restriction of public use of county‑controlled property.  (a)  Each county, or the county's authorized representative, may close or restrict the public use of any property under the county's management or control when necessary to protect public health, ensure public safety, or preserve natural or cultural resources.

     (b)  Closures or restrictions under this section may include the temporary or permanent:

     (1)  Denial of access to specific areas;

     (2)  Imposition or modification of hours of operation;

     (3)  Prohibition or limitation of specified activities; or

     (4)  Establishment of conditions for entry or use.

     (c)  Before implementing a closure under this section, or as soon thereafter as practicable, the county shall consult with Native Hawaiian organizations, including the office of Hawaiian affairs, the relevant island burial council established pursuant to section 6E-43.5, and the relevant aha moku advisory committee established pursuant to section 171-4.5, to minimize adverse impacts to the exercise of traditional and customary practices in the area.

     (d)  The county shall give public notice of any closure or restriction imposed under this section in a manner reasonably calculated to inform the public, including the posting of appropriate signs at or near the affected property, publication on the county's official website, or by other reasonable means as determined by the county.

     (e)  Nothing in this section shall be construed to limit the authority of the county to close or restrict access for other lawful reasons or under any other provisions of law."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

Counties; Public Lands; Closure; Restriction

Description:

Authorizes the counties to close or restrict public lands under the county's jurisdiction when necessary to protect public health, ensure public safety, or preserve natural or cultural resources.  Effective 7/1/3000.  (HD2)

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

A BILL FOR AN ACT

RELATING TO THE COUNTIES.

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

     SECTION 1.  The legislature finds that the counties manage and control public lands within their jurisdictions, including lands of great natural, cultural, and recreational significance.  These lands are used by residents and visitors and are essential to the public's enjoyment, health, and welfare.

     The legislature further finds that circumstances sometimes require the temporary or permanent closure or restriction of public access to these lands.  These circumstances may include natural disasters, hazardous conditions, wildfire risks, erosion, flooding, cultural site preservation, public sanitation, and other threats to public health or safety.

     The purpose of this Act is to authorize the counties to restrict or close public lands under the county's jurisdiction when necessary to protect public health, ensure public safety, or preserve natural or cultural resources.

     SECTION 2.  Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately designated and to read as follows:

     "§46-     Closure or restriction of public use of county‑controlled property.  (a)  Each county, or the county's authorized representative, may close or restrict the public use of any property under the county's management or control when necessary to protect public health, ensure public safety, or preserve natural or cultural resources.

     (b)  Closures or restrictions under this section may include the temporary or permanent:

     (1)  Denial of access to specific areas;

     (2)  Imposition or modification of hours of operation;

     (3)  Prohibition or limitation of specified activities; or

     (4)  Establishment of conditions for entry or use.

     (c)  The county shall give public notice of any closure or restriction imposed under this section in a manner reasonably calculated to inform the public, including the posting of appropriate signs at or near the affected property, publication on the county's official website, or by other reasonable means as determined by the county.

     (d)  Nothing in this section shall be construed to limit the authority of the county to close or restrict access for other lawful reasons or under any other provisions of law."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

Counties; Public Lands; Closure

Description:

Authorizes the counties to close public lands when necessary to protect public health, ensure public safety, or preserve natural or cultural resources.  Effective 7/1/3000.  (HD1)

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

A BILL FOR AN ACT

relating to the counties.

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

     SECTION 1.  The legislature finds that the counties manage and control public lands within their jurisdictions, including lands of great natural, cultural, and recreational significance.  These lands are used by residents and visitors and are essential to the public's enjoyment, health, and welfare.

     The legislature further finds that circumstances sometimes require the temporary or permanent closure or restriction of public access to these lands.  These circumstances may include natural disasters, hazardous conditions, wildfire risks, erosion, flooding, cultural site preservation, public sanitation, and other threats to public health or safety.

     The purpose of this Act is to authorize the counties to restrict or close public lands under the county's jurisdiction when necessary to protect public health, ensure public safety, or preserve natural or cultural resources.

     SECTION 2.  Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately designated and to read as follows:

     "§46-     Closure or restriction of public use of county‑controlled property.  (a)  Each county, or the county's authorized representative, may close or restrict the public use of any property under the county's management or control when necessary to protect public health, ensure public safety, or preserve natural or cultural resources.

     (b)  Closures or restrictions under this section may include the temporary or permanent:

     (1)  Denial of access to specific areas;

     (2)  Imposition or modification of hours of operation;

     (3)  Prohibition or limitation of specified activities; or

     (4)  Establishment of conditions for entry or use.

     (c)  The county shall give public notice of any closure or restriction imposed under this section in a manner reasonably calculated to inform the public, including the posting of appropriate signs at or near the affected property, publication on the county's official website, or by other reasonable means as determined by the county.

     (d)  Nothing in this section shall be construed to limit the authority of the county to close or restrict access for other lawful reasons or under any other provisions of law."

     SECTION 3.  New statutory material is underscored.

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

Report Title:

Counties; Public Lands; Closure

Description:

Authorizes the counties to close public lands when necessary to protect public health, ensure public safety, or preserve natural or cultural resources.

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

STAND. COM. REP. NO. 2997

Honolulu, Hawaii

RE:     S.B. No. 2363

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 2363 entitled:

"A BILL FOR AN ACT RELATING TO THE COUNTIES,"

begs leave to report as follows:

     The purpose and intent of this measure is to authorize the counties to close public lands when necessary to protect public health, ensure public safety, or preserve natural or cultural resources.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources, Department of the Prosecuting Attorney of the City and County of Honolulu, Department of Facility Maintenance of the City and County of Honolulu, and one individual.

     Your Committee finds that the counties oversee and maintain public lands within their jurisdictions for the recreational use of residents and visitors and for the preservation of natural, cultural, and infrastructural resources.  Your Committee further finds that county agencies frequently encounter situations such as hazardous conditions and overuse, where immediate closure or restriction of public access to these lands is required to keep the public safe or to preserve cultural sites, fragile ecosystems, and other natural resources.  This measure provides the counties with clear statutory authority to take action when necessary to ensure the safety and security of residents and visitors and that natural, cultural, and other public resources are preserved for future generations.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2363 and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

STAND. COM. REP. NO. 2322

Honolulu, Hawaii

RE:     S.B. No. 2363

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committees on Energy and Intergovernmental Affairs and Public Safety and Military Affairs, to which was referred S.B. No. 2363 entitled:

"A BILL FOR AN ACT RELATING TO THE COUNTIES,"

beg leave to report as follows:

     The purpose and intent of this measure is to authorize the counties to close public lands when necessary to protect public health, ensure public safety, or preserve natural or cultural resources.

     Your Committees received testimony in support of this measure from the Department Land and Natural Resources, Department of Transportation, Department of the Prosecuting Attorney of the City and County of Honolulu, and Department of Facility Maintenance of the City and County of Honolulu.

     Your Committees find that as the counties manage and control public lands within their jurisdictions, clear local authority is necessary to address any issues that can be a threat or hazard to public safety.  County agencies frequently encounter situations where immediate action is required to keep the public safe, maintain culturally significant sites, or protect fragile ecosystems.  This measure will clarify county authority and provide an additional tool to manage public access during unsafe conditions, which is critical to protect the health and safety of residents and visitors.

     As affirmed by the records of votes of the members of your Committees on Energy and Intergovernmental Affairs and Public Safety and Military Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2363 and recommend that it pass Second Reading and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committees on Energy and Intergovernmental Affairs and Public Safety and Military Affairs,