Hawaii County, HI Environmental Rules: Erosion Control (2026)
Key Facts
- Governing chapter
- HCC Chapter 10, Erosion and Sedimentation Control
- Permits required
- Grading, grubbing, and stockpiling permits (§ 10-9)
- Stockpiling threshold
- Permit needed above 500 cubic yards stored
- Engineer's report trigger
- Cuts or fills over 15 feet in height
- Maximum penalty
- $500 fine, 50 days jail, per day (§ 10-8)
- Approving agency
- County Department of Public Works
Summary
Hawaii County requires a grading permit before any excavation or fill, a separate grubbing permit before clearing vegetation, and a stockpiling permit before storing more than 500 cubic yards of material. Section 10-9 bars starting any of the three without a permit from the department of public works, and section 10-8 fines violators up to $500 per day of noncompliance.
Except as excluded in section 10-3: (1) No grading work shall be commenced or performed without a grading permit. (2) No grubbing work shall be commenced or performed without a grubbing permit except where grubbing concerns land for which a grading permit has been issued. (3) No stockpiling work shall be commenced or performed without a stockpiling permit. No grading, grubbing, or stockpiling permit shall be issued without the director of public works' review of the applicant's compliance with the County general plan or with chapters 6, 205 and 343, Hawai'i Revised Statutes.
Full Breakdown
Chapter 10, Erosion and Sedimentation Control, governs any grading, grubbing, or stockpiling on the Big Island. Section 10-9 requires a grading permit for any cut or fill, a grubbing permit for clearing vegetation (except where the land already has a grading permit), and a stockpiling permit once material held for later use exceeds five hundred cubic yards. Section 10-10 spells out what the application must include: a vicinity sketch, boundary lines, the location of nearby structures and any designated historic or archaeological sites, contours, and the square footage and volume of the work.
Grading over fifteen thousand square feet needs a contour map prepared by an engineer or land surveyor, and any cut or fill over fifteen feet, or fill placed over a swamp, pond, gully, or lake, needs an engineer's soils report. Section 10-11 sets the permit fee by the volume of material moved, and section 10-10(e) deems an application approved if the director of public works takes no action within thirty days. Under section 10-26, every permitted operation must also conform to the erosion and sedimentation control standards the department has adopted under HRS chapter 180C.
Several categories are excluded outright under section 10-3, including agricultural operations following an approved soil conservation program, cuts or fills under five feet moving no more than one hundred cubic yards, and grubbing under one acre that does not alter drainage.
Violations & Fines
Section 10-8 makes any act forbidden, or failure to perform any act required, by the chapter an offense, and treats each day of continued noncompliance as a new, separately chargeable violation. A conviction carries a fine of up to $500, imprisonment of up to fifty days, or both, per offense. If a permittee fails to finish the work or meet permit conditions, section 10-4 lets the council order the director of public works to complete it and bill the cost to the permittee or property owner.
Frequently Asked Questions
Do small grading jobs need a permit in Hawaii County?
How much does a Hawaii County grading permit cost?
Does state land use law affect my grading permit?
Sources & Official References
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