[§180C-2]  Erosion and sediment control. (a)  The county governments, in cooperation with the soil and waterconservation districts and other appropriate state and federal agencies, shallenact ordinances for the purpose of controlling soil erosion and sediment.

(b)  The ordinance for erosion and sedimentcontrol shall include but not be limited to the following:

(1)  Be based on relevant physical and developmentalinformation concerning the watersheds and drainage basins of the county and/orState including but not limited to data relating to land use, soil, hydrologyand geology, size of land area being disturbed, approximate water bodies andtheir characteristics, transportation, and public facilities and services.

(2)  Include such survey of land and waters as may bedeemed appropriate by the county or required by any applicable law to identifyareas including multi-jurisdictional and watershed areas with critical erosionand sediment problems.

(3)  Contain standards for various types of soil andland uses, which standards shall include criteria, techniques, and methods forthe control of erosion and sediment resulting from land disturbing activities.

(4)  Include a provision whereby standards shall bedeemed met if it can be shown that the land is being managed in accordance withsoil conservation practices acceptable to the applicable soil and waterconservation district directors, and that a comprehensive conservation programis being actively pursued. [L 1974, c 249, pt of §2]

 

Case Notes

 

  The public trust duties imposed on the State under articleXI, §1 of the Hawaii constitution also applied to the county, as a politicalsubdivision of the State; article XI, §1 mandates that the county has anobligation to conserve and protect the State's natural resources; the county'spower under the general laws with respect to its public trust duty to protectthe natural resources of the State can be found in this chapter; thus, thecounty had a duty to protect the waters located adjacent to defendant's property. 111 H. 205, 140 P.3d 985.