[§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]



 



Case Notes



 



  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.