Civil and administrative violations
HRS §6E-11
in effect6E-11. Civil and administrative violations
(a) It shall be a civil and administrative violation for any person to take, appropriate, excavate, injure, destroy, or alter any historic property or aviation artifact located upon the private lands of any owner thereof without the owner's written permission being first obtained. It shall be a civil and administrative violation for any person to take, appropriate, excavate, injure, destroy, or alter any historic property or aviation artifact located upon lands owned or controlled by the State or any of its political subdivisions, except as permitted by the department, or to knowingly violate the conditions set forth in an approved mitigation plan that includes monitoring and preservation plans.
(b) It shall be a civil and administrative
violation for any person to knowingly take, appropriate, excavate, injure,
destroy, or alter any burial site, or the contents thereof, located on private
lands or lands owned or controlled by the State or any of its political
subdivisions, except as permitted by the department, to knowingly fail to
re-inter human remains discovered on the lands in a reasonable period of time
as determined by the department, or to knowingly violate the conditions set
forth in an approved mitigation plan that includes monitoring and preservation
plans.
(c) It shall be a civil and administrative
violation for any person to take, appropriate, excavate, injure, destroy, or
alter any historic property or burial site during the course of land
development or land alteration activities to which section 6E-42 applies,
without obtaining the required approval.
(d) It shall be a civil and administrative
violation for any person who inadvertently discovers a burial site to fail to
stop work in the immediate area and report the discovery, as required by
section 6E-43.6.
(e) It shall be a civil and administrative
violation for any person to:
(1) Fail to comply with agreed upon archaeological
mitigation commitments;
(2) Fail to conduct an archaeological inventory
survey as specified in an archaeological inventory survey plan or
archaeological monitoring plan approved by the department;
(3) Alter an approved archaeological inventory survey
plan or archaeological monitoring plan without prior written approval of the
department;
(4) Carry out project development activities within a
preservation area or burial preserve approved by the department without prior
written approval of the department, including project equipment transiting
through, within, or across a preservation area or burial preserve; or
(5) Fail to complete and submit required reports.
(f) It shall be a civil and administrative
violation for any person to knowingly glue together any human skeletal remains,
label any human skeletal remains with any type of marking pen, or conduct any
tests that destroy human skeletal remains, as defined in section 6E-2, except
as permitted by the department.
(g) Any person who violates this section shall
be fined not more than $20,000 for each separate violation. If the violator
directly or indirectly has caused the loss of, or damage to, any historic
property or burial site, the violator shall be fined an additional amount
determined by the environmental court or an administrative adjudicative
authority to be equivalent to the value of the lost or damaged historic
property or burial site. Each day of continued violation of this provision
shall constitute a distinct and separate violation for which the violator may
be punished. Any landowner or developer responsible for any project where
violations are found to have occurred shall execute any mitigation and
preservation measures ordered by the department and shall be jointly and
severally liable for any costs of mitigation and preservation. Equipment used
by a violator for the taking, appropriation, excavation, injury, destruction,
or alteration of any historic property or burial site, or for the transportation
of the violator to or from the historic property or burial site, shall be
subject to seizure and disposition by the State without compensation to its
owner or owners.
(h) Any person who knowingly violates this
chapter with respect to burial sites shall also be prohibited from
participating in the construction of any state or county funded project for ten
years.
(i) Nothing in this section shall apply to
land altering activities relating to family burial plots under section 441-5.5.
(j) The civil and administrative penalties
imposed pursuant to this chapter shall be in addition to the criminal penalties
provided by this chapter and any other penalties that may be imposed pursuant
to law.
[L 1976, c 104, pt of §2; gen ch 1985; am L 1990, c 306, §8; am L 1992,
c 113, §3; am L 1996, c 97, §8; am L 2003, c 104, §3; am L 2005, c 128, §3; am
L 2006, c 38, §1 and c 45, §2; am L 2007, c 9, §1; am L 2014, c 218, §8; am L
2022, c 212, §1; am L 2024, c 129, §1]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol01_Ch0001-0042F/HRS0006E/HRS_0006E-0011.htmFetched: 11/10/2026