Stream Channel Maintenance
Routine Stream Channel Maintenance
The Commission on Water Resource Management encourages landowners to perform routine vegetation clearing and stream channel maintenance to prevent overgrowth within the stream channel that may result in streamflow blockages and flooding during high streamflow events.
Hawai‘i Revised Statutes (HRS), §46-11.5 states:
Maintenance of channels, streambeds, streambanks, and drainageways. Notwithstanding any law to the contrary, each county shall provide for the maintenance of channels, streambeds, streambanks, and drainageways, whether natural or artificial, including their exits to the ocean, in suitable condition to carry off storm waters; and for the removal from the channels, streambeds, streambanks, and drainageways and from the shores and beaches any debris which is likely to create an unsanitary condition or otherwise become a public nuisance; provided that to the extent any of the foregoing work is a private responsibility the responsibility may be enforced by the county in lieu of the work being done at county expense, and any private entity or person refusing to comply with any final order issued by the county shall be in violation of this chapter and be liable for a civil penalty not to exceed $500 for each day the violation continues; provided further that it shall be the responsibility of the county to maintain all channels, streambeds, streambanks, and drainageways unless such channels, streambeds, streambanks, and drainageways are privately owned or owned by the State, in which event such channels, streambeds, streambanks, and drainageways shall be maintained by their respective owners. [L 1986, c 121, §2]
For lands comprising stream channels, streams, streambanks, and drainageways that are privately owned or owned by the State, the respective owner is responsible for maintenance.
The University of Hawai‘i’s SeaGrant program offers a useful Streamside Guide: Recommendations for Hawai‘i website, including stream stewardship tips, use of stream-friendly plants, legal responsibilities, and more.
County of Kaua‘i
Kaua‘i County relies on Chapter 46-11.5, HRS to implement stream maintenance responsibilities, and cleans streams in response to complaints and as needed based on the results of inspections every two years.
City and County of Honolulu
City and County of Honolulu has county ordinances to enforce stream maintenance (Section 40-2, ROH) to complement Chapter 46-11.5, HRS, and requires landowners to maintain streams and remove silt, vegetation, debris, and other items that may interfere with the natural flow of the water. Stream channel mouths are cleaned at a minimum of once every five years (flood prevention related maintenance only). The City and County of Honolulu maintains that streambank cleanup is the responsibility of property owners. The County enforces clean-ups by giving 30-day notice, by cleaning the stream itself and billing the owner, and/or by contracting the cleanup and billing the owner.
Honolulu’s Department of Facility Maintenance, Storm Water Quality Division provides helpful information on stream maintenance.
Maui County
Maui County has county ordinances to enforce stream maintenance (Chapter 12.12, MCC) to complement Chapter 46-11.5, HRS, and conducts stream cleaning operations by request, in response to a complaint, or on an ‘as needed’ basis.
County of Hawai‘i
Hawai‘i County relies on Chapter 46-11.5, HRS to implement stream maintenance responsibilities, and conducts stream cleaning operations upon request or in response to a complaint.
Emergency Authorizations
Pursuant to Hawai‘i Administrative Rules, §13-169-55, the Commission has provisions to perform emergency work in the stream channel as follows:
§13-169-55 Emergency work. (a) When emergency channel alteration is necessary to prevent or minimize loss of life or damage to property, including the repair or restoration of structures damaged by a sudden and unforeseen event, a person may proceed to effect the channel alteration without a permit.
(b) In general, protective, health, and sanitation measures shall be limited to the minimum amount necessary to remove immediate threats to health and safety or to prevent immediate or further damage to property, and emergency repairs or restoration of structures shall be based on their replacement by a minimum facility of the same general type.
(c) No later than the first working day after initiation of any emergency work, the person effecting the work shall notify the department and describe the nature and circumstances of the remedial work so that the department may issue an emergency authorization.
(d) Within thirty days of his notification to the department, the person effecting the emergency work shall submit to the commission a report describing the nature and extent of the emergency work performed, including relevant maps and diagrams showing the location and details of the channel alteration completed.
(e) No fee will be required for the filing of a report for emergency channel alteration work.
How to Request an Emergency Authorization
- Step 1: Complete the Request for Emergency Authorization form.
- Step 2: Either prior to performing any emergency work or no later than the first working day after initiation of any emergency work, contact the Commission at (808) 587-0214 or by email at [email protected] and submit your completed Request for Emergency Authorization. Work in the stream channel “shall be limited to the minimum amount necessary to remove immediate threats to health and safety or to prevent immediate or further damage to property, and emergency repairs or restoration of structures shall be based on their replacement by a minimum facility of the same general type.”
Any work undertaken without an Emergency Authorization is performed at your own risk. Violations of the State Water Code, Hawaiʻi Revised Statutes chapter 174C, may result in a fine of up to $5,000 per violation. - Step 3: The Commission shall review the Request for Authorization, prepare an Emergency Authorization letter, and notify the Chairperson for approval. A copy of the approved Emergency Authorization shall be forwarded to the requester.
- Step 4: Within thirty (30) days of notifying the Commission, submit a complete Stream Channel Alteration Permit application form, which shall be processed by staff and taken to the Commission for approval or denial of an after-the-fact permit. If the Commission determines that the emergency work performed went beyond the “minimum amount necessary to remove immediate threats to health and safety or to prevent immediate or further damage to property,” the Commission may require that corrective actions be taken and fines may be levied.
Please be advised that the project may require other agency approvals regarding wetlands, water quality, grading, stockpiling, and floodways. Any authorizations by the Commission should not be used for other regulatory jurisdictions or used to imply compliance with other federal, state, or county rules. Work performed without appropriate permits or authorizations may be subject to fines and/or remedial actions.
