LANDOWNERS CAUTIONED ABOUT UNAUTHORIZED USE OF HEAVY MACHINERY IN STREAM CHANNELS

HONOLULU - With severe storm conditions affecting parts of the state, the Commission on Water Resource Management (Commission) has received reports of unauthorized stream channel alterations occurring on various islands. Such unpermitted work can threaten public safety by worsening flooding and diverting flood waters onto neighboring properties.

The Commission reminds landowners and operators to follow emergency authorization procedures if they need to perform substantial stream channel work, or for any stream channel work using heavy machinery.

How to Request an Emergency Authorization

Emergency stream channel alteration work must follow this process:

1. Complete the Request for Emergency Authorization form available on the Commission's website at:

https://files.hawaii.gov/dlnr/cwrm/forms/FormEA.pdf

1. Notify the Commission immediately.

Under Hawaiʻi Administrative Rules § 13-169-55, landowners and operators must contact Commission staff before beginning work, or no later than the first working day after emergency work begins, at:

Phone: 808-587-0214

Email: [email protected]

All work must be limited to the minimum necessary to:

• Remove immediate threats to health and safety, or
• Prevent immediate or further property damage

Emergency repairs must be limited to replacement with a minimum facility of the same general type.

See Hawaiʻi Administrative Rules § 13-169-55 for more information.

1. Commission review and approval.

Commission staff will review the request, prepare an Emergency Authorization letter, and obtain approval from the Chairperson of the Commission on Water Resource Management. A copy will be provided to the requester.

1. Follow-up permit required.

Within 30 days, applicants must submit a complete Stream Channel Alteration Permit application.

If work exceeds what is considered "the minimum necessary," the Commission may require corrective actions or issue fines of up to $5,000 per violation as provided under Hawaii Revised Statutes § 174C-15.

At the same time, Commission staff emphasizes that routine vegetation clearing and regular stream channel maintenance - conducted in advance of storm events - are critical to preventing blockages and reducing flood risk.

More information on county-specific ordinances is available at:

https://dlnr.hawaii.gov/cwrm/surfacewater/stream-maintenance/