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HCC §10-3

Exemptions from erosion control rules

Read the official text at hawaiicounty.gov ↗

This section lists activities that are exempt from the erosion control chapter, but they must still follow section 10-26. Exemptions include mining, building foundations, cemetery grading, sanitary landfills, farming and ranching with an approved conservation plan, small cuts and fills, small grubbing, and utility pole installation. Agricultural exemptions require a filed conservation plan and no harm to neighbors' drainage.

contractorsdevelopershomeownerslandowners

The ordinance, as written (Hawaiʻi County) — Exclusions

A copy, taken August 21, 2026. The version published by Hawaiʻi County is the one that governs, and it may have changed since. Check it before relying on anything here.

(a) All work in this section must conform to the provisions of section 10-26 to be considered for exclusion. (b) This chapter shall not apply to the following: (1) Mining or quarrying operations regulated by other County ordinance or governmental agencies. (2) Grading within the building lines for basements and footings of a building, retaining wall, or other structure, authorized by a valid building permit. (3) Grading and grubbing on individual cemetery plots. (4) Sanitary filling and operation of rubbish dumps. (5) Agricultural operations, including ranching incidental to or in conjunction with crop or livestock production and all other operations that are in conformance with soil conservation practices acceptable to the applicable soil and water conservation district directors and in accordance with an actively pursued comprehensive conservation program, providing: (A) Such operations do not alter the general and localized drainage patterns with respect to abutting properties. (B) A conservation program for the affected properties acceptable to and approved by the applicable soil and water conservation district directors is filed with the soil conservation district. EROSION AND SEDIMENTATION CONTROL § 10-3 (C) The conservation program, with appropriate modifications is reviewed and re-approved by the soil and water conservation district directors periodically but not less than once every five years. (6) Excavation which does not alter the general drainage pattern with respect to abutting properties, which does not exceed one hundred cubic yards of material on any one site, and does not exceed five feet in vertical height at its highest point; provided that the cut meets the cut slopes and the distance from property lines requirements in article 3 of this chapter. (7) Fill which does not alter the general drainage pattern with respect to abutting properties, which does not exceed one hundred cubic yards of material on any one site and does not exceed five feet in vertical depth at its deepest point, provided that the fill meets the fill slopes and distance from property lines requirements in article 3 of this chapter. (8) Grubbing which does not alter the general and localized drainage pattern with respect to abutting properties and does not exceed a total area of one acre. (9) Exploratory excavations not to exceed fifty cubic yards under the direction of an engineer for the purpose of subsurface investigations required by the director of public works and provided that the director of public works has been advised in writing prior to the start of such excavation. (10) Clearing, excavation and filling required in conjunction with the installation of pole lines by electric, telephone and public utilities.
Read the official text at hawaiicounty.gov ↗as published Jul 16, 2026our copy taken Aug 21, 2026

Published by the County of Hawaiʻi Office of the County Clerk.

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.