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Committee defers bill clarifying authority to remove abandoned property from streams; counties already assert authority
Summary
Lawmakers deferred HB211, which would clarify county and state roles in clearing personal property from stream channels; DLNR asked to tie responsibility to land ownership and requested funding for cleanup.
The committee deferred House Bill 211, a measure that would require counties to remove and dispose of personal property stored in or near channels, stream beds, stream banks and drainage ways and deem property abandoned after 24 hours.
DLNR provided testimony urging revision to ensure the bill tied cleanup responsibility to whoever has jurisdiction or ownership of a stream. Ian Hirokawa of DLNR said the department requests an amendment clarifying that responsibility should rest with the entity that has ownership or jurisdiction over a given stream segment because many streams cross private property and county or state holdings. He also asked for appropriations to help cover costly cleanup operations now borne by existing budgets.
Committee members and staff described existing law under HRS 46‑11.5 that allows counties to enter private property in some circumstances to clear channels and seek reimbursement from owners. The city and county of Honolulu’s written testimony said the bill conflicted with a federal court stipulation (arising from ACLU litigation) that requires written notification and storage of impounded personal property rather than immediate disposal. The city described operational requirements, such as posting the planned enforcement area on the city website by 3 p.m. the prior day.
Given these legal and operational concerns, the committee deferred HB211 for further work. Members advised clarifying ownership responsibilities and accounting for court‑ordered notice and storage procedures.
