Report Title:

Soil and Erosion; Counties

Description:

Provides the counties with exclusive jurisdiction and enforcement of activities related to soil and erosion in the State.

THE SENATE

S.B. NO.

2507

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO SOIL EROSION CONTROL.

 

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

SECTION 1. Soil and water conservation districts are volunteer boards created under chapter 180, Hawaii Revised Statutes, whose powers allow them to "develop plans for conservation of soil and water resources and control and prevention of erosion within the district".

Chapter 180C, Hawaii Revised Statutes, requires the counties to adopt ordinances for the control of soil erosion and to "[i]nclude 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."

Counties have adopted ordinances that preclude county authority over land that is part of a soil and water conservation district. Under these county ordinances, soil and water conservation districts have been granted authority to make assessments that normally are made by agencies with professional engineering staff and strict regulatory requirements.

Soil and water conservation districts, however, have neither the resources nor expertise to make important land use decisions for the following reasons:

(1) Soil and water conservation districts do not have regulatory power to enforce "conservation plans";

(2) Soil and water conservation districts have no professional staff to review conservation plans; and

(3) Soil and water conservation districts do not have any regulations that implement their statutory authority regarding the development and use of "conservation plans" in place of county grading ordinances.

Since conservation plans are not enforced by any government agency, land owners or state lessees are exempt from environmental compliance regulations, including county grading ordinances.

The United States Environmental Protection Agency and the department of health have recognized that the discretionary nature of conservation plans has resulted in no enforcement of soil and erosion issues.

The purpose of this Act is to provide exclusive authorization to the counties to regulate activities related to soil and erosion in the State.

SECTION 2. Section 180C-1, Hawaii Revised Statutes, is amended as follows:

1. By deleting the definition of "conservation plan" or "plan".

[""Conservation plan" or "plan" means a plan for the control of soil erosion and sediment resulting from a land disturbing activity."]

2. By deleting the definition of "soil and water conservation districts" or "district".

[""Soil and water conservation districts" or "district" means a governmental subdivision of this State, and a public body corporate and politic, organized under chapter 180."]

SECTION 3. Section 180C-2, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(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] or State, or both 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 established soil conservation practices [acceptable to the applicable soil and water conservation district directors,] and that a comprehensive conservation program is being actively pursued.

(5) Enforcement and penalty provisions for violations of this chapter and any county ordinance adopted pursuant to this chapter."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

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:

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