6E-83 Government-owned land; construction prohibited.
§6E-83 Government-owned land; construction prohibited. No new homes or other structures shall be constructed on government-owned land within one thousand feet of the shoreline within the south Kona wilderness area, except as follows: (1) Structures built by the department for the purpose of managing the area; and (2) Repairs to existing structures pursuant to rules […]
6E-71 Taking, appropriation, excavation, injury, destruction, or alteration of historic property or aviation artifact; penalty.
§6E-71 Taking, appropriation, excavation, injury, destruction, or alteration of historic property or aviation artifact; penalty. (a) A person commits the offense of taking, appropriation, excavation, injury, destruction, or alteration of historic property or aviation artifact if the person knowingly: (1) Takes, appropriates, excavates, injures, destroys, or alters any historic property or aviation artifact located upon […]
6E-72 Taking, appropriation, excavation, injury, destruction, or alteration of a burial site; penalty.
§6E-72 Taking, appropriation, excavation, injury, destruction, or alteration of a burial site; penalty. (a) A person commits the offense of taking, appropriation, excavation, injury, destruction, or alteration of a burial site if the person knowingly: (1) Takes, appropriates, excavates, injures, destroys, or alters any burial site or the contents thereof, located on private land or […]
6E-73 Failure to stop work upon discovery of a burial site; penalty.
§6E-73 Failure to stop work upon discovery of a burial site; penalty. (a) A person commits the offense of failure to stop work upon discovery of a burial site if the person discovers a burial site and knowingly fails to stop work in the immediate area and report the discovery as required by section 6E-43.6. […]
6E-74 Criminal penalties not in lieu of civil or administrative penalties.
§6E-74 Criminal penalties not in lieu of civil or administrative penalties. The criminal penalties imposed by this part are in addition to, and not in lieu of, any civil or administrative penalties provided by law. [L 2005, c 128, pt of §1]
6E-75 Part not applicable to family burial plots.
§6E-75 Part not applicable to family burial plots. Nothing in this part shall apply to land altering activities related to family burial plots under section 441-5.5. [L 2005, c 128, pt of §1]
6E-81 South Kona wilderness area; establishment.
§6E-81 South Kona wilderness area; establishment. There is established the south Kona wilderness area on the island of Hawaii in the area described in section 6E-82 to be administered by the department of land and natural resources for the preservation of the visual, cultural, biological, and historical aspects of the lands covered in this part […]
6E-82 Lands included.
§6E-82 Lands included. (a) Except as provided in subsection (b), the following lands shall be included in the south Kona wilderness area: (1) Honomalino: All lands from the shoreline to six thousand feet inland; (2) Okoe: All lands from the shoreline to six thousand feet inland. The Honomalino and Okoe sections include approximately one thousand […]
6E-43.5 Island burial councils; creation; appointment; composition; duties.
§6E-43.5 Island burial councils; creation; appointment; composition; duties. (a) There are established within the department five island burial councils, one each for Hawai`i, Maui/LÄna`i, Moloka`i, O`ahu, and Kaua`i/Ni`ihau, to implement section 6E-43. Each council shall consist of nine members, except the Moloka`i council, which shall consist of five members. Each council shall consist of no […]
6E-43.6 Inadvertent discovery of burial sites. (a) In the event human skeletal remains are inadvertently discovered, any activity in the immediate area that could damage the remains or the potential historic site shall cease until the requirements of subsections (b) to (d) have been met. (b) The discovery shall be reported as soon as possible to the department, the appropriate medical examiner or coroner, and the appropriate police department. As soon as practicable, the department shall notify the appropriate council and the office of Hawaiian affairs. (c) After notification of the discovery of multiple skeletons, the following shall be done within two working days, if on Oahu, and three working days, if in other council jurisdictions: (1) A representative of the medical examiner or coroner’s office and a qualified archaeologist shall examine the remains to determine jurisdiction. If the remains are the responsibility of the medical examiner or coroner, the department’s involvement shall end. If the remains are historic or prehistoric burials, then the remainder of this section shall apply; (2) The department shall gather sufficient information, including oral tradition, to document the nature of the burial context and determine appropriate treatment of the remains. Members of the appropriate council shall be allowed to oversee the on-site examination and, if warranted, removal; and (3) If removal of the remains is warranted, based on criteria developed by the department, in consultation with the councils, office of Hawaiian affairs, representatives of development and large property owner interests, and appropriate Hawaiian organizations, such as Hui Malama I Na Kupuna O Hawai €˜i Nei, through rules adopted pursuant to chapter 91, the removal of the remains shall be overseen by a qualified archaeologist and a mitigation plan shall be prepared by the department or with the concurrence of the department. (d) In cases involving the discovery of a single skeleton, the requirements of subsection (c) shall be fulfil
§6E-43.6 Inadvertent discovery of burial sites. (a) In the event human skeletal remains are inadvertently discovered, any activity in the immediate area that could damage the remains or the potential historic site shall cease until the requirements of subsections (b) to (d) have been met. (b) The discovery shall be reported as soon as possible […]