Chapter 171
Public Lands, Management and Disposition of
TITLE 12. CONSERVATION AND
RESOURCES
Subtitle 1. Public Lands
Chapter
171 Public Lands, Management and Disposition of
171C Public Land Development Corporation–Repealed
172 Land Commission Awards; Surveys
173 Reclamation of Lands
173A Acquisition of Resource Value Lands
Subtitle 2. Water and Land Development; Flood Control
174 Water and Land Development
174C State Water Code
175 Molokai Irrigation and Water Utilization Project–
Repealed
176 Water Resources–Repealed
176D Protection of Instream Uses of Water–Repealed
177 Ground-Water Use–Repealed
178 Wells, Generally–Repealed
179 Flood Control and Flood Water Conservation
179D Dams and Reservoirs
180 Soil and Water Conservation Districts
180C Soil Erosion and Sediment Control
Subtitle 3. Mining and Minerals
181 Strip Mining
182 Reservation and Disposition of Government Mineral Rights
Subtitle 4. Forestry and Wildlife; Recreation Areas;
Fire Protection
183 Forest Reserves, Water Development, Zoning
183B Hawaiian Fishponds
183C Conservation District
183D Wildlife
184 State Parks and Recreation Areas
185 Land Fire Protection Law
186 Tree Farms
Subtitle 5. Aquatic Resources and Wildlife
187 General Provisions Relating to Aquatic Resources and
Wildlife–Repealed
187A Aquatic Resources
188 Fishing Rights and Regulations
188E Hawaii Fisheries Coordinating Council–Repealed
188F West Hawaii Regional Fishery Management Area
189 Commercial Fishing
189G Aquaculture Advisory Council–Repealed
190 Marine Life Conservation Program
190D Ocean and Submerged Lands Leasing
191 Birds and Mammals–Repealed
192 Shooting Preserves and Game Bird Farming–Repealed
Subtitle 6. General and Miscellaneous Programs
193 Conservation: Employment Programs
194 Invasive Species Council
195 Natural Area Reserves System
195D Conservation of Aquatic Life, Wildlife, and Land Plants
195F Forest Stewardship
196 Energy Resources
196D Geothermal and Cable System Development
197 General Provisions Relating to Aquatic Resources and
Wildlife
198 Conservation Easements
198D Hawaii Statewide Trail and Access System
Subtitle 7. Enforcement
199 Conservation and Resources Enforcement Program
199D Civil Natural Resource Violations Act
Subtitle 8. Ocean Recreation and Coastal Areas
200 Ocean Recreation and Coastal Areas Programs
200D Kaneohe Bay Regional Council
Note
The amendment made by L 2014, c 218, §8 to the following chapters is not included in this Supplement: 173, 174, 179, 180, 180C, 183, 183B, 185, 186, 188F, 190, 190D, 193, 195, 195F, 196, 197, 198D, 199D, and 200D.
Cross References
Environmental courts, jurisdiction over proceedings arising under this title, see §604A-2.
SUBTITLE 1. PUBLIC LANDS
CHAPTER 171
PUBLIC LANDS, MANAGEMENT AND DISPOSITION OF
Part I. General Provisions
Section
171-1 Definitions
171-2 Definition of public lands
171-3 Department of land and natural resources
171-4 Board of land and natural resources; terms and
qualifications of members of the board; organization;
expenses
171-4.5 Aha moku advisory committee; established
171-5 Meetings, regular, special; quorum
171-6 Powers
171-6.4 General administrative penalties
171-6.5 Repealed
171-7 General duties of the board
171-8 Land agents and other employees
171-8.5 Kokee state park advisory council
171-8.6 Risk assessment working group
171-9 Land districts
171-10 Classes of lands
171-11 Public purposes, lands set aside by the governor;
management
171-12 Permanent register of applicants for public lands
171-13 Disposition of public lands
171-14 Auction
171-14.5 Auction pre-qualification; agricultural and pasture
leases
171-15 Drawing
171-16 Notices
171-17 Appraisals
171-18 Public land trust
171-18.5 Sugarcane lands conveyed for the development of
housing projects
171-19 Special land and development fund
171-19.5 Repealed
171-20 Notice of breach or default
171-21 Rights of holder of security interest
171-22 Consent to mortgage
171-23 Land patents and deeds, issued when
171-24 Land conveyances, preparation, signing, record, copies
171-25 Irrigation projects
171-26 Rights-of-way to the sea, game management areas, and
public hunting areas
171-27 Taxes
171-28 Government-owned Hawaiian fishponds; sale prohibition
171-29 Report to legislature on all dispositions
171-30 Acquisition of real property; general
171-31 Depository for documents; filing, record
171-31.5 Disposition of abandoned or seized property
171-31.6 Criminal penalties
Part II. Dispositions, Generally
A. Policy and Planning
171-32 Policy
171-33 Planning; generally
171-34 Planning; intensive agricultural and pasture uses
B. Leases or Sales
171-35 Lease provisions; generally
171-36 Lease restrictions; generally
171-36.1 Reservation of rights to prehistoric and historic
remains on leased public lands
171-36.2 Public lands for historic preservation and
restoration
171-37 Lease restrictions; intensive agricultural and
pasture uses
171-37.5 Withdrawal or taking of leased land; fair compensation
171-38 Condemnation of leases
171-39 Leases; forfeiture
171-40 Expired leases; holdover
171-41 Commercial, industrial, and other business uses
171-41.5 Amendment of commercial, hotel, or industrial lease
171-42 Hotel and resort uses
171-43 Lease of campsites or sites for youth athletic and/or
educational activities
171-43.1 Lease to eleemosynary organizations
171-44 Lease for recreation-residence use
C. Residential Uses
171-45 Residence lots; sale or leases
171-46 Residential sales or leases; planning
171-47 Residence lots; improvement districts
171-48 Residence lots, requirements
171-49 Residence lots: unsold; forfeited; surrendered
171-49.5 Resale, first offer to board; limitation on resale
price
171-49.7 Public lands suitable and available for residential
development; inventory
D. Miscellaneous
171-50 Exchanges
171-50.1 Acquisition of lands for exchange under chapter 516
171-50.2 Exchanges for conversion of leasehold lands to fee
simple ownership
171-51 Quitclaim
171-52 Remnant
171-53 Reclamation and disposition of submerged or reclaimed
public land
171-54 Land license
171-55 Permits
171-55.5 Agricultural plots
171-56 Contract or license for concessions or concession
space
171-57 Reserved rights and easements
171-58 Minerals and water rights
171-58.5 Prohibitions
171-59 Disposition by negotiation
171-60 Development through private developer
171-61 Cancellation, surrender
171-62 Sales; payment, default
171-63 Waiver of restrictions
171-64 Covenants against discrimination
171-64.5 Nonconventional uses; department of health;
approval and authorization; Waimano ridge
171-64.7 Legislative approval of sale or gift of lands
Part III. Special Dispositions; Sales and Leases
Permitted Without Public Auction
A. Certain Agricultural Uses, Including Special
Livestock and Pasture
171-65 Leases, leases with option to purchase, sales
permitted; when
171-66 Planning
171-67 Restrictions; conditions
171-68 Applicants; qualifications of
171-69 Preference right
B. Residential Leases
171-70 Findings and declaration of necessity
171-71 Definitions
171-72 Subdivision, improvement and lease of public lands
171-73 Term, rent, and other conditions of residential leases
171-74 Qualifications of lessees
171-75 Persons disqualified to take residential leases
171-76 Preference right to residential lease
171-77 Transfers of title by bequest, devise, intestate
succession, or by operation of law, and upon
foreclosure
171-78 Notice; drawing
171-79 Purchase of fee title by lessee
171-80 Cancellation of leases
171-81 Surrender of lease
171-82 Approval by board
171-83 Costs of, and realization from, residential leasing
171-84 Leases to certain developers of housing for low and
moderate income families
C. Disposition to Victims of Natural Disaster
1. Disposition for Other Than Residential or
Agricultural Purposes
171-85 Definitions
171-86 Purpose
171-87 Disposition to victims of natural disaster, when
171-88 Option to purchase
171-89 Applications
171-90 Eligibility
171-91 Notice of availability of leases; selection of lessees
171-92 Existing public leases
2. Disposition for Residential Purposes
171-93 Authorization
171-94 Persons dispossessed or displaced
D. Disposition to Government Agencies and Public
Utilities
171-95 Disposition to governments, governmental agencies,
public utilities, and renewable energy producers
171-95.3 Renewable energy producers; lease of public lands
without public auction
171-95.5 Lease to public charter schools
171-96 Lease to foreign governments
Part IV. Relating to Existing Homestead Rights;
Continuation Thereof and Removal of Certain
Restrictions
171-97 Definition
171-98 Release of restrictions
171-99 Continuation of rights under existing homestead
leases, certificates of occupation, right of purchase
leases, and cash freehold agreements
171-100 Successor determination program
Part V. Lands for Agricultural Purposes
171-111 Repealed
171-112 Acquisition
171-113 to 116.5 Repealed
171-117 Public lands; agricultural park lands
171-118 Repealed
Part VI. Economic Development
171-121 Molokai forest lands, management program established
Part VII. Industrial Parks
171-131 Definitions
171-132 Designation of industrial park
171-133 Authority to plan, improve, develop, operate, and
maintain industrial parks
171-134 Industrial park development
171-135 Joint venture or development agreement
171-136 Disposition of public lands within industrial park
171-137 Preference
171-138 Repealed
171-139 Acquisition
171-140 Rules
171-141 Lease for eligible permittee in industrial park
171-142 Lease for lessees dislocated by condemnation
proceedings
171-143 Rate policy
171-144 Issuance of revenue bonds
Part VIII. Restoration of Beach Lands
171-151 Definitions
171-152 General powers
171-153 Beach restoration plan
171-154 Authority to lease coastal lands
171-155 Development of public coastal lands
171-156 Beach restoration special fund
[Part IX. Turtle Bay, Oahu]
171-171 Reimbursable general obligation bonds for
conservation easement and other real property
interests in Turtle Bay, Oahu
171-172 Turtle Bay conservation easement special fund
171-173 Turtle Bay appraisal and due diligence
171-174 Lease of Turtle Bay lands
Note
Department of transportation’s bridge rehabilitation and replacement program; temporary exemption from certain construction requirements of part II of this chapter through June 30, 2017 or until completion. L 2012, c 218.
Development of watershed management strategies by University of Hawaii in at least two of Hawaii’s most severely flood-impacted watersheds. L 2006, c 187.
Kakaako makai; conveyance of certain parcels to office of Hawaiian affairs. L 2012, c 15.
Priority mooring space for intra-county ferry service. L 2008, c 57, §2.
Relief for airport concessionaires (repealed July 1, 2013). L Sp 2009, c 33; L 2011, c 104, §2.
State purchase of private lands subject to approval. L 2015, c 119, §105.
Survey to identify potential historic districts and single-family residences for listing on Hawaii register of historic places; report to 2018 legislature. L 2015, c 89, §1.
Use of lands in public land trust; payments and accounting requirements. L 2006, c 178.
Water rights lease applications; annual reports to 2017-2020 legislature. L 2016, c 126, §2.
Cross References
Ala Wai boat harbor; leases, see §200-2.6.
Civil relief for state military forces, see chapter 657D.
Conclusive presumptions relating to duty of public entities to warn of dangers at public beach parks, see §663-1.56.
Disposition of state boating facility properties, see §200-2.5.
Environmental courts, jurisdiction over proceedings arising under this chapter, see §604A-2.
Exception to liability for county lifeguard services, see §663-1.52.
Kahoolawe island reserve, see chapter 6K.
Kokee state park advisory council, see §171-8.5.
State facility renovation partnership program, see chapter 107D.
Transfer of non-agricultural park lands classified for agricultural use to department of agriculture, see chapter 166E.
Attorney General Opinions
Applies to any and all “public lands”, including ceded lands or lands acquired by the State by other means. Att. Gen. Op. 95-3.
Law Journals and Reviews
Native Hawaiians, Self-Determination, and the Inadequacy of the State Land Trusts. 14 UH L. Rev. 519.
Demolition of Native Rights and Self Determination: Act 55’s Devastating Impact through the Development of Hawaii’s Public Lands. 35 UH L. Rev. 297 (2013).