Hawaii Statewide Rule
Hawaii Sets Statewide Wildfire Defensible Space Under Act 302
Key Facts
- Statute
- HRS 132-O (Act 302, 2025)
- Enforcing agency
- Office of the State Fire Marshal
- Penalty
- Up to $2,500 or 30 days
- Mapping
- Statewide wildfire hazard zone map
- Effective
- July 1, 2025
Summary
Hawaii's post-Lahaina fire law directs the State Fire Marshal to establish minimum defensible space requirements statewide and maintain a wildfire hazard map showing hazard zones. Counties enforce the rules and may levy civil penalties on noncompliant property owners.
132-O Minimum defensible space requirements; duties of the state fire marshal; enforcement powers of the counties; assistance to the counties. (a) With regard to minimum defensible space requirements, the state fire marshal: (1) Shall consult with the state fire council to establish minimum defensible space requirements; (2) Shall establish requirements that are consistent with and do not exceed the standards pertaining to defensible space in generally accepted evidence-based codes and standards;
Full Breakdown
Act 302 (2025), enacted after the 2023 Maui wildfires, added a new part to Hawaii Revised Statutes chapter 132 and placed the Office of the State Fire Marshal in the Department of Law Enforcement. Section 132-O directs the marshal, with the state fire council, to establish minimum defensible space requirements consistent with evidence-based codes and standards. Counties enforce those requirements and may impose a graduated civil penalty structure; county fire chiefs may adopt stricter local standards. The marshal also oversees a comprehensive statewide wildfire hazard map that displays wildfire hazard zones. The Act took effect July 1, 2025.
Violations & Penalties
Under HRS section 132-13, violating chapter 132 or any fire order brings a fine of no more than $2,500 or up to 30 days in jail, with each day a separate offense; counties may also assess civil penalties.
Frequently Asked Questions
Does Hawaii have a statewide defensible space law?
Who enforces defensible space rules in Hawaii?
What are the penalties for a fire-code violation?
Sources
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