SCR 179: urging the county of maui to enforce the provisions of the fire code of the county of maui relating to fire hazards, brush clearance, fuel breaks, roadside vegetation clearing, and emergency access.

SENATE CONCURRENT

RESOLUTION

urging the county of maui to enforce the provisions of the fire code of the county of maui relating to fire hazards, brush clearance, fuel breaks, roadside vegetation clearing, and emergency access.

     WHEREAS, the County of Maui has experienced destructive brush and wildfire events before and after the 2023 Maui wildfires and has since identified multiple areas in West Maui where hazardous fuels threaten lives, property, and major access corridors into and out of Lahaina; and

     WHEREAS, in December 2024, the County of Maui adopted substantial amendments to the Fire Code of the County of Maui relating to exterior vegetation and wildfire risk reduction, including subsection 10.13.2, which defines "brush", "clearance", "fire hazard", "fuel break", "property", "structure", and “vegetation”, and authorizes the Fire Chief of the County of Maui to order vegetation to be removed, maintained, or cleared when the Fire Chief determines that the vegetation constitutes a fire hazard; and

     WHEREAS, subsection 10.13.2.3 of the Fire Code of the County of Maui requires any owner, occupant, or other person having control over a property to maintain a brush clearance between thirty and one hundred feet away from structures based on vegetation height, and requires brush to be cleared to less than eighteen inches across the entirety of lots sized one-half acre or less when violations are found; and

     WHEREAS, subsection 10.13.2.3 of the Fire Code of the County of Maui further requires the maintenance of effective fuel breaks on plots of land greater than one-half acre in size that are adjacent to areas containing structures and requires vegetation removal near roof lines and chimneys; and

     WHEREAS, subsection 10.13.2.6 of the Fire Code of the County of Maui authorizes the clearing of combustible vegetation along portions of highways and private streets to protect life and property; and

     WHEREAS, recent reporting indicates that the County of Maui has begun warning violators that failure to comply with the updated overgrowth rules may result in fines of up to $1,000 per day and criminal penalties, but the continuing need for warning letters itself reflects the importance of sustained, visible, and proactive enforcement, especially for large landowners and large unmanaged parcels; and

     WHEREAS, wildfire survivors continue to be housed in temporary housing communities and secondary sites in Lahaina, making vegetation management and unobstructed emergency ingress and egress near survivor housing an immediate public safety concern; and

     WHEREAS, public reporting from one year after the 2023 Maui wildfires documented continuing concern in West Maui regarding flammable grass and vegetation near homes and roads, with local officials and residents emphasizing that evacuation and roadside vegetation management are high priorities after the catastrophe in Lahaina; and

     WHEREAS, prompt enforcement of the provisions of the Fire Code of the County of Maui relating to exterior vegetation, fuel break, and emergency access is necessary to reduce fire risk, protect temporary and permanent housing areas, preserve access for evacuation and emergency response, and ensure that large property owners do not shift avoidable wildfire risk onto neighboring communities; now, therefore,

     BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2026, the House of Representatives concurring, that the County of Maui is urged to actively enforce subsection 10.13.2 of the Fire Code of the County of Maui, including the provisions relating to fire hazards, brush clearance, fuel breaks, roadside vegetation clearing, and emergency access; and

     BE IT FURTHER RESOLVED that the County of Maui is urged to prioritize enforcement on large parcels, parcels adjacent to residential communities, parcels adjacent to temporary housing sites for wildfire survivors, parcels bordering major evacuation corridors, and parcels where overgrown vegetation or obstructions to access routes present heightened risks to life and property; and

     BE IT FURTHER RESOLVED that the County of Maui is urged to use all available inspection, notice, citation, abatement, and enforcement tools authorized by county law to obtain timely compliance from property owners and other persons having control over hazardous properties; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Mayor of the County of Maui, Fire Chief of the County of Maui, Administrator of the Maui Emergency Management Agency, and Chair of the Maui County Council.

Report Title: 

Maui County; Fire Code; Fire Hazards; Brush Clearance; Fuel Breaks; Roadside Vegetation Clearing; Emergency Access