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Hawaii County, HI Environmental Rules: Stormwater Management (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing chapter
HCC Ch. 27, Floodplain Management
Facility change approval
Required before altering any drainage facility
Design manual incorporated
DPW Storm Drainage Standard, Oct. 1970 ed.
Civil fine range
$500-$1,000 per day, continuing violation
Criminal penalty
Misdemeanor, up to $1,000 fine or 1 year
Enforcing agency
Department of Public Works, Hawai'i County

Summary

Hawaii County regulates drainage facilities under HCC Chapter 27, Floodplain Management. Any new construction or substantial improvement next to a drainage facility, even outside mapped flood hazard zones, needs Department of Public Works review, and nobody may modify, line, or alter a drainage facility without director approval.

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.

Section 27-25. Standards for improvements adjacent to drainage facilities. New construction, improvements to repetitive loss structures, and substantial improvements proposed adjacent to drainage facilities outside of the special flood hazard areas identified on the Flood Insurance Rate Maps shall be subject to review and approval of the director of public works. (a) Upon request by the director of public works, further information concerning base flood elevation, floodways, surface water runoff, existing and proposed drainage patterns, and other information, including a detailed flood elevation study, drainage report, and findings and opinions by a licensed professional civil engineer, shall be provided to evaluate potential flooding. (c) A drainage facility shall not be modified, constructed, lined, or altered in any way to accommodate the improvement without the approval of the director of public works.

Full Breakdown

" The director can demand a base flood elevation study, floodway data, surface water runoff analysis, drainage patterns, and a report signed by a licensed professional civil engineer before signing off. Critically, subsection (c) bars anyone from modifying, constructing, lining, or altering a drainage facility to accommodate an improvement without that approval. Section 27-26 folds the Department of Public Works' "Storm Drainage Standard," October 1970 edition or latest revision, directly into the chapter, so every subdivision engineer and consultant designing drainage facilities or preparing flood hazard studies on the Big Island must build to that manual.

Applicability under § 27-5 extends the chapter to floodway fringe zones AE/AH/AO, the floodway itself, coastal high-hazard (tsunami) zones V/VE, the general floodplain (Zone A), and "land adjacent to drainage facilities," not just properties inside a mapped flood zone. County inspectors carry a right of entry under § 27-32 to check compliance on both public and private land, and § 27-37 lets Public Works order removal of any encroachment or obstruction placed under, over, or through a drainageway, floodway, levee, or watercourse.

Violations & Fines

Under § 27-33, Public Works serves a written notice of violation by certified mail or hand delivery identifying the section violated, the tax key number, and a compliance deadline. If noncompliance continues, § 27-34 authorizes a civil fine of $500 to $1,000, escalating to $500 to $1,000 per day for a continuing violation, with a hearing right under HRS Chapter 91 before any fine is imposed. Section 27-36 makes any violation of the chapter a misdemeanor punishable by a $1,000 fine or up to one year in jail, and treats each day a violation continues as a separate offense; the County can also seek injunctive relief in circuit or federal district court under § 27-35.

Frequently Asked Questions

Do I need county approval to alter a drainage ditch on my Big Island property?
Yes. HCC § 27-25(c) says a drainage facility "shall not be modified, constructed, lined, or altered in any way to accommodate the improvement without the approval of the director of public works," and that applies even if your parcel sits outside a mapped flood zone.
Does this apply if my lot is not in a FEMA flood zone?
It can. Section 27-5 extends Chapter 27 to land adjacent to drainage facilities and to areas bordering special flood hazard zones, not only the zones themselves, so a parcel next to a stormwater channel or outfall can still trigger Public Works review under § 27-25.
What design standard governs subdivision storm drainage on Hawaii Island?
Section 27-26 incorporates the Department of Public Works' "Storm Drainage Standard," October 1970 edition or its latest revision, into Chapter 27, and engineers designing drainage facilities or flood hazard studies countywide must follow it.
What happens if I ignore a drainage violation notice?
Public Works can escalate from a notice of violation under § 27-33 to an administrative order under § 27-34 imposing a civil fine of $500 to $1,000 per day, and separately, § 27-36 makes the underlying violation a misdemeanor carrying up to a $1,000 fine or one year of imprisonment.

Sources & Official References

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