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Hawaii County, HI Environmental Rules: Erosion Control (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

These county ordinances apply to unincorporated areas of Hawaii County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

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?
Not automatically. Section 10-3 excludes cuts or fills under one hundred cubic yards that stay under five feet in height and do not change the drainage pattern for neighboring lots, as well as grubbing under one acre that leaves drainage unchanged. Anything larger, or any project that alters drainage onto an abutting property, needs a permit regardless of size.
How much does a Hawaii County grading permit cost?
The department of public works collects the fee under section 10-11, scaled to the volume of excavation or fill on the site; the code sets no flat number, so the exact amount depends on the cubic yardage in the application. Section 10-10(e) deems the permit approved if the director takes no action within thirty days.
Does state land use law affect my grading permit?
Yes. Section 10-9(b) requires the director of public works to confirm the project complies with the County general plan and with chapters 205 and 343 of the Hawai'i Revised Statutes, which cover the state land use districts and environmental review, before any grading, grubbing, or stockpiling permit can be issued.

Sources & Official References

Other rules in Hawaii County

All Hawaii County rules

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