§198D-1 Definitions. For the purpose of this chapter: “Access” means an easement or way: (1) Over which the general public has the right to travel; and (2) Which is used by the general public or intended for use by the general public primarily to reach or depart a public beach, shore, park, trail, or other […]
§198D-10 Limitation on chapter’s provisions. (a) Nothing in this chapter shall be construed as conferring or imposing upon the department any rights, powers, and duties over: (1) Lands not under its jurisdiction; or (2) The activities of other public agencies; except if provided by other law or agreement. (b) The designation as part of the […]
§198D-11 Rules. The department may adopt rules in accordance with chapter 91 for the purposes of this chapter. [L 1988, c 236, pt of §2]
§198D-12 General administrative penalties. (a) Except as otherwise provided by law, the board or its authorized representative by proper delegation may set, charge, and collect administrative fines or bring legal action to recover administrative fees and costs as documented by receipts or affidavit, including attorneys’ fees and costs; or bring legal action to recover administrative […]
§198D-13 Criminal penalties. (a) In addition to any other penalties, any person violating this chapter, any rule adopted pursuant to this chapter, or the terms and conditions of any permit issued in accordance with this chapter shall be guilty of a petty misdemeanor and shall be fined not less than: (1) $100 for a first […]
§198D-2 Establishment of Hawaii statewide trail and access program. (a) There is established the Hawaii statewide trail and access program, to be known as Na Ala Hele. The department of land and natural resources shall plan, develop, acquire land or rights for public use of land, construct, restore, and engage in coordination activities to implement […]
§198D-3 Inventory. (a) The department shall establish, maintain, and amend, as required, an inventory of all trails and accesses in the State, whether wholly or partly on public or private lands and whether or not under the jurisdiction of the department, and a separate inventory of all trails and accesses to public hunting areas in […]
§198D-4 Classification. The department shall classify each trail and access in the inventories according to the following: (1) Function; (2) Type; (3) Theme; (4) Actual and desired use intensity; and (5) Any other classification deemed necessary or desirable by the department. [L 1988, c 236, pt of §2; am L 1990, c 53, §1(2)]
§198D-5 Identification of proposed, potential, and needed trails and accesses. (a) In addition to the inventories under section 198D-3, the department shall identify and maintain a listing of: (1) Proposed trails and accesses which may be opened to the public; (2) Potential expansions of trails and accesses; (3) Potential or desirable connectors between existing trail […]
§198D-6 Regulation of use of trails and accesses. The department, by rule adopted in accordance with chapter 91, may regulate the use of trails and accesses under the department’s jurisdiction. Regulation of the use of trails and accesses shall be established for the following purposes: (1) To preserve the integrity, condition, naturalness, or beauty of […]
§198D-7 Examination of legal issues. The department, in consultation with the attorney general, shall examine legal issues relating to trails and accesses. The legal issues examined shall include: (1) Theories, options, and doctrines by which trails and accesses may be placed into or retained in public use; (2) The validity and feasibility of dedication requirements […]
§198D-7.5 Agreements to defend and indemnify. (a) The department may enter into agreements with owners of public or private land to further the purposes of this chapter. Agreements between the State and an owner may provide that the State will defend the owner, its affiliates, and their respective heirs, executors, administrators, representatives, successors, trustees, guardians, […]
§198D-7.6 Limitation on liability. The State shall not be liable for any injury to any person arising from the person’s use of unimproved lands owned or controlled by the State and regulated under section 198D-6, unless the injury results from gross negligence on the part of the State. [L 1999, c 106, §1]
§198D-8 Request to acquire rights for public use of additional trails and accesses. The department may request the legislature for appropriations to acquire rights to trails and accesses which are closed to public use or which are necessary to effectuate the trail and access program. [L 1988, c 236, pt of §2; am L 1993, […]
§198D-9 Other powers and duties of department. The department: (1) May establish signing and design standards for classifications of trails and accesses; (2) Shall establish advisory councils to solicit advice and assistance in the implementation of the trail and access program. The appointment of members to advisory councils shall be made by the department. If […]
