Hawaii Revised Statutes 6e. Historic Preservation

PART I. HISTORIC PRESERVATION PROGRAM

6e-1 Declaration of Intent.
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...
6e-2 Definitions.
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...
6e-3 Historic Preservation Program.
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...
6e-3.5 Consultation.
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...
6e-4 Administration.
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...
6e-5 State Historic Preservation Officer.
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...
6e-5.5 the Hawaii Historic Places Review Board; Creation; Powers; Appointments; Composition.
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...
6e-6 Depositories for Certain Specimens and Objects.
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...
6e-7 State Title to Historic Property.
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...
6e-8 Review of Effect of Proposed State Projects.
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...
6e-9 Investigation, Recording, Preservation, and Salvage; Appropriations.
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...
6e-10 Privately Owned Historic Property.
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...
6e-10.5 Enforcement.
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...
6e-11 Civil and Administrative Violations.
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...
6e-11.5 Civil Penalties.
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...
6e-11.6 Administrative Penalties.
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...
6e-12 Reproductions, Forgeries, and Illegal Sales.
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...
6e-13 Injunctive Relief.
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...
6e-14 Preservation Activities by Political Subdivisions.
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...
6e-15 Regulations, Special Conditions or Restrictions.
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...
6e-16 Hawaii Historic Preservation Special Fund.
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...
6e-17 Archaeological Data Survey Database.
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...

PART II. MONUMENTS AND MEMORIALS

6e-31 Monuments; Reservation of Land; Relinquishment of Private Claims.
Upon the recommendation of the department, the governor may declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic...
6e-32 Diamond Head State Monument.
(a) There shall be a Diamond Head State Monument as a historical site on Oahu to be administered by the department of land and...
6e-32.5 Mount Olomana State Monument.
There is established the Mount Olomana state monument as a historic landmark on Oahu to be administered by the department of land and natural...
6e-33 Repealed.
L 2015, c 147, §3.
6e-34 Capitol Site.
The portion of the "Honolulu Civic Center" adopted by the Honolulu city planning commission on February 23, 1945, as the master plan for the...
6e-34.5 State Capitol; State Capitol Management Committee; Established; Oversight and Management; Powers and Duties.
(a) The oversight and management of the state capitol and its grounds and facilities shall be vested in the state capitol management committee established...
6e-35 Iolani Palace.
(a) The official designation of the palace of the former monarchs of Hawaii shall be Iolani Palace. (b) The official designation of the Friends...
6e-36 Sand Island.
The island on the southwest side of Honolulu Harbor, Oahu, 21 degrees 18 minutes 30 seconds north, 157 degrees 53 minutes 00 seconds west,...
6e-37 National Statuary Hall; Father Damien.
The State of Hawaii exercises its prerogative pursuant to section 2 of "An Act making appropriation for sundry Civil Expenses of the Government for...
6e-38 National Statuary Hall; King Kamehameha I.
King Kamehameha I is selected as one of the two illustrious, deceased persons whose statue shall be furnished by the State of Hawaii for...
6e-38.5 Kohala Historical Sites State Monument.
(a) There shall be a Kohala Historical Sites State Monument as an historical site on the island of Hawaii that shall include a cluster...
6e-39 Jurisdiction Over World War II Memorial.
The jurisdiction and control of the World War II memorial, located in the front of the state office building in Honolulu, is vested in...
6e-40 Bernice Pauahi Bishop Museum.
The official designation of the Bernice Pauahi Bishop Museum shall be the State of Hawaii Museum of Natural and Cultural History. The qualifying standards...
6e-41 Cemeteries; Removal or Redesignation.
(a) Any person removing or redesignating any cemetery shall comply with the following requirements: (1) Publish a notice in a newspaper of general circulation...
6e-42 Review of Proposed Projects.
(a) Except as provided in section 6E-42.2, before any agency or officer of the State or its political subdivisions approves any project involving a...
6e-42.2 Excluded Activities for Privately-Owned Single-Family Detached Dwelling Units and Townhouses.
(a) An application for a proposed project on an existing privately-owned single-family detached dwelling unit or townhouse shall be subject to the requirements of...
6e-43 Prehistoric and Historic Burial Sites.
(a) At any site, other than a known, maintained, actively used cemetery where human skeletal remains are discovered or are known to be buried...
6e-43.5 Island Burial Councils; Creation; Appointment; Composition; Duties.
(a) There are established within the department five island burial councils, one each for Hawai‘i, Maui/Lāna‘i, Moloka‘i, O‘ahu, and Kaua‘i/Ni‘ihau, to implement section 6E-43....
6e-43.6 Inadvertent Discovery of Burial Sites.
(a) In the event human skeletal remains are inadvertently discovered, any activity in the immediate area that could damage the remains or the potential...
6e-44 Veterans Memorial Commission.]
There is established a commission whose function is to plan and select works of art for memorials to the veterans of the Korean and...
6e-45 Korean and Vietnam Memorial.]
The memorial to the veterans of the Korean and Vietnam conflicts shall be constructed on the Ewa lawn of the state capitol among the trees...
6e-46 Hawaii Sports Hall of Fame.
(a) The official designation of the Hawaii Sports Hall of Fame, a duly registered nonprofit corporation, shall be the State of Hawaii museum of sports...
6e-47 Pearl Harbor Historic Trail.
The official designation of the path that runs from Halawa landing to Waipahu shall be the Pearl Harbor historic trail. [L 2005, c 127,

PART III. PACIFIC WAR MEMORIAL SYSTEM

6e-51 Department of Land and Natural Resources; Powers.
The department may create and maintain a living war memorial commemorating the sacrifices of Hawaii's heroic dead of World War II; accept land or...
6e-52 Transfer of Lands.
Any county or the State may transfer lands to the department for the purposes of this part, which are declared public purposes, on any...

PART IV. MISCELLANEOUS PROVISIONS

6e-61 Biological Survey; Designation.
A Hawaii biological survey is established and designated as a program of the State of Hawaii museum of natural and cultural history. The survey...

PART V. CRIMINAL OFFENSES

6e-71 Taking, Appropriation, Excavation, Injury, Destruction, or Alteration of Historic Property or Aviation Artifact; Penalty.
(a) A person commits the offense of taking, appropriation, excavation, injury, destruction, or alteration of historic property or aviation artifact if the person knowingly:...
6e-72 Taking, Appropriation, Excavation, Injury, Destruction, or Alteration of a Burial Site; Penalty.
(a) A person commits the offense of taking, appropriation, excavation, injury, destruction, or alteration of a burial site if the person knowingly: (1) Takes,...
6e-73 Failure to Stop Work Upon Discovery of a Burial Site; Penalty.
(a) A person commits the offense of failure to stop work upon discovery of a burial site if the person discovers a burial site...
6e-74 Criminal Penalties Not in Lieu of Civil or Administrative Penalties.
The criminal penalties imposed by this part are in addition to, and not in lieu of, any civil or administrative penalties provided by law. [L...
6e-75 Part Not Applicable to Family Burial Plots.
Nothing in this part shall apply to land altering activities related to family burial plots under section 441-5.5. [L 2005, c 128, pt of §1]

PART VI. SOUTH KONA WILDERNESS AREA

6e-81 South Kona Wilderness Area; Establishment.
There is established the south Kona wilderness area on the island of Hawaii in the area described in section 6E-82 to be administered by...
6e-82 Lands Included.
(a) Except as provided in subsection (b), the following lands shall be included in the south Kona wilderness area: (1) Honomalino: All lands from...
6e-83 Government-Owned Land; Construction Prohibited.
No new homes or other structures shall be constructed on government-owned land within one thousand feet of the shoreline within the south Kona wilderness area,...

Note

Department of transportation's bridge rehabilitation and replacement program; temporary exemption from certain construction requirements of this chapter through June 30, 2017 or until completion. L 2012, c 218.

State law enforcement memorial. L 2011, c 14.

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.

Cross References

Allowance of indigenous Hawaiian architecture by county ordinances, see 46-1.55.

Kaho olawe island reserve, see chapter 6K.

Environmental courts, jurisdiction over proceedings arising under this chapter, see 604A-2.

Ulu ulu: The Henry Ku ualoha Giugni moving image archive of Hawai i, see 304A-1864.

Law Journals and Reviews

Ensuring Our Future by Protecting Our Past: An Indigenous Reconciliation Approach to Improving Native Hawaiian Burial Protection. 33 UH L. Rev. 321 (2010).

Ke Ala Pono--The Path of Justice: The Moon Court's Native Hawaiian Rights Decisions. 33 UH L. Rev. 447 (2011).

Case Notes

As the protections provided by this chapter to human skeletal remains and burial sites do not turn on religious distinctions, plaintiff's interest in protecting family members' unmarked burials and native Hawaiian burials were not extinguished by the burials being "Christian burials"; plaintiff thus had standing on plaintiff's claims under this chapter. 128 H. 455 (App.), 290 P.3d 525 (2012).

Where plaintiff asserted that: (1) plaintiff had family members buried on the church grounds; (2) plaintiff was a native Hawaiian and a recognized cultural descendant of the iwi found on the church grounds; (3) plaintiff had a traditional and customary practice of caring for iwi; (4) plaintiff was concerned that family members may be buried in unmarked burials on the church grounds; and (5) the disturbance of unmarked burials of family members or other cultural ancestors would cause plaintiff injury and harm, plaintiff had standing to raise claims under this chapter. 128 H. 455 (App.), 290 P.3d 525 (2012).

Last modified: October 27, 2016