2011 Hawaii Code
DIVISION 1. GOVERNMENT
TITLE 12. CONSERVATION AND RESOURCES
180C. Soil Erosion and Sediment Control
§180C-2 Erosion and sediment control.
[§180C-2] Erosion and sediment control. (a) The county governments, in cooperation with the soil and water conservation districts and other appropriate state and federal agencies, shall enact ordinances for the purpose of controlling soil erosion and sediment.
(b) The ordinance for erosion and sediment control shall include but not be limited to the following:
(1) Be based on relevant physical and developmental information concerning the watersheds and drainage basins of the county and/or State including but not limited to data relating to land use, soil, hydrology and geology, size of land area being disturbed, approximate water bodies and their characteristics, transportation, and public facilities and services.
(2) Include such survey of land and waters as may be deemed appropriate by the county or required by any applicable law to identify areas including multi-jurisdictional and watershed areas with critical erosion and sediment problems.
(3) Contain standards for various types of soil and land uses, which standards shall include criteria, techniques, and methods for the control of erosion and sediment resulting from land disturbing activities.
(4) Include a provision whereby standards shall be deemed met if it can be shown that the land is being managed in accordance with soil conservation practices acceptable to the applicable soil and water conservation district directors, and that a comprehensive conservation program is being actively pursued. [L 1974, c 249, pt of §2]
The public trust duties imposed on the State under article XI, §1 of the Hawaii constitution also applied to the county, as a political subdivision of the State; article XI, §1 mandates that the county has an obligation to conserve and protect the State's natural resources; the county's power under the general laws with respect to its public trust duty to protect the natural resources of the State can be found in this chapter; thus, the county had a duty to protect the waters located adjacent to defendant's property. 111 H. 205, 140 P.3d 985.
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