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Hawaii Revised Statutes Division 1. Government § 46-11.7

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) This section shall be known and may be cited as “Sharkey's Law”.

(b) Beginning January 1, 2027, each county shall adopt ordinances for the regulation of all retention ponds and detention ponds located within the county's jurisdiction.  The ordinances adopted pursuant to this subsection shall include but not be limited to:

(1) Establishing a permitting process for the construction of new retention ponds or detention ponds;  and

(2) Establishing safety requirements, which shall include but not be limited to:

(A) Fencing that is at least four feet high that fully encloses the retention pond or detention pond and allows access through one or more secured, locked gates;

(B) Safety signage indicating “No Swimming” and warning of sudden water level changes;

(C) Installation of life buoys at entry points for emergency rescue;

(D) Proper maintenance of ground cover surrounding the retention pond or detention pond, including mowing, weed control, and debris removal;  and

(E) Submission of maintenance plans by property owners or managers to ensure ongoing safety and compliance.

(c) This section shall not apply to retention ponds and detention ponds built on golf courses, hotels, resort properties, or other secured recreational areas;  provided that the entities who own, control, or manage such properties shall provide the counties with proof of sufficient security measures for its retention ponds and detention ponds.

(d) For the purposes of this section:

“Detention pond” means an area that is designed to:

(1) Hold stormwater until the effects of percolation, evapotranspiration, or controlled release return the area to its normally dry state;  and

(2) Dissipate inflowing stormwater within seventy-two hours to accommodate a new volume of water.

“Retention pond” means a permanent or semi-permanent aquatic system that acts as a trap where pollutants picked up by the initial surge of stormwater settle out before leaving the system.

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Cite this article: FindLaw.com - Hawaii Revised Statutes Division 1. Government § 46-11.7 - last updated January 01, 2025 | https://codes.findlaw.com/hi/division-1-government/hi-rev-st-sect-46-11-7/

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