Title 26 — Environmental Safety and Land Management

This chapter shall be known and may be cited as the “Territorial Disaster Assistance Act of 1978”. History: 1978, PL 15-105 § 1.

The purposes of this chapter are to: (1) reduce vulnerability of people and communities of this Territory to damage, injury, and loss of life and property resulting from natural or manmade catastrophes, riots, or hostile military or paramilitary action; (2) prepare for prompt and…

Nothing in this chapter may be construed to: (1) interfere with the course or conduct of a labor dispute, except that actions otherwise authorized by this chapter or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or sa…

As used in this chapter: (a) “Disaster” means occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or manmade cause, including but not limited to fire, flood, earthquake, wind, storm, wave action, oil spill, …

(a) The Governor is responsible for meeting the dangers to the Territory and people presented by disasters. (b) Under this chapter, the Governor may issue executive orders, proclamations, and regulations, and amend or rescind them. Executive orders, proclamations, and regulations…

(a) An Office of Territory Emergency Management Coordination is established in the Department of Homeland Security. The office is under the supervision and control of the Director of Homeland Security or his designee who is the disaster assistance coordinator. The office has a di…

(a) It is the intent of the Legislature and declared to be the policy of the Territory that funds to meet disaster emergencies must always be available. (b) A Disaster Contingency Fund of not less than $50,000 is established which shall be ap-propriated by the Legislature. Moneys…

(a) The Governor may enter into a mutual aid compact with any state, or possession of the United States if he finds that joint action with the state or possession is desirable in meeting common intergovernmental problems of emergency disaster planning, prevention, response, and r…

(a) In addition to disaster prevention measures as included in the Territorial Disaster Assistance Plan, the Governor shall consider on a continuing basis steps that could be taken to prevent or reduce the harmful consequences of disasters. At his direction, and pursuant to any o…

(a) Each person within this Territory shall conduct himself and keep and manage his affairs and property in ways that will reasonably assist and will not unreasonably detract from the ability of the Territory and the public successfully to meet disaster emergencies. This obligati…

The office shall determine what means exist for rapid and efficient communications in times of disaster emergencies. The office shall consider the desirability of supplementing these com-munications resources or of integrating them into a comprehensive territorial communications …

It is the purpose of this chapter to: (1) establish certain minimum regulations for the protection and promotion of the encourage the orderly, profitable, and health development of the resources or their diversion into uses detrimental to the future growth of Samoa; (2) assure th…

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the protection and promotion of the public health, safety and general welfare, and shall be liberally construed in furtherance of these objectives. History: 1965, PL…

For the purposes of this chapter: (1) “Accessory building” means a detached subordinate building located on the same lot with a main building, the use of which is customarily secondary to that of the main building or to the use of the land. (2) “Apartment house” means the same as…

(a) There shall be a Zoning Board consisting of 9 members, all of whom shall be nationals or citizens of the United States and who shall be appointed as follows: The Governor shall appoint 4 members, the district governor of each district shall each appoint 1 member, the Speaker …

When the Zoning Board is considering a zoning map for an individual village, 2 persons elected by the village council shall sit with the Zoning Board as temporary advisory members. The temporary members shall have advisory powers only and shall not be entitled to vote. History: 1…

The Governor shall detail or assign such staff assistance as he decides may be needed and available to assist the Zoning Board to perform its ministerial functions. The Board may not delegate its responsibility for granting variances History: 1965, PL, 9-19.

In order to carry out the purposes and provisions of this chapter, areas within the Territory of American Samoa are divided into 10 zones, as follows: Rl Single Dwelling Zone R2 Multiple Dwelling Zone A Agricultural Zone Cl General Commercial Zone C2 Limited Commercial Zone Ml Li…

(a) The zone symbols in 26.0310, and the boundaries, must be shown upon a map made a part of this chapter. The map must be designated as the “zoning map”, and it and all the notations and references and other information shown thereon shall be as much a part of this chapter as if…

(a) Where the zone boundaries are indicated by lines on the zoning map, the map and all the notations, references, and their extensions must be construed to be the zone boundaries. (b) Where the zone boundaries indicated on the map are not street, alley, or lot or boundary lines,…

No building or structure may be erected or maintained, and no existing building or structure may be altered, enlarged, moved or maintained, and no building or land may be used for any purpose, except for a use permitted in the zone in which such building or land is located as pro…

The uses permitted in single dwelling zones are: (1) one-family dwellings; (2) schools and churches; (3) parks, playgrounds and community buildings; (4) gardening for noncommercial purposes; (5) uses customarily accessory to any of the above uses, including home occupations and p…

The uses permitted in multiple dwelling zones are: (1) any use permitted in the Rl single dwelling zone; (2) keeping of poultry and domestic livestock for noncommercial purposes; (3) accessory buildings and structures, stables, barns, corrals, pens, and other similar structures; …

The uses permitted in agricultural zones are: (1) any use permitted in R1 and R2 zones; (2) farming, including all types of activities and pursuits customarily carried on the fields of agriculture and horticulture, and farms and ranches for the raising of poultry and the raising …

The uses permitted in general commercial zones are: (1) any use permitted in the Rl, R2 and C2 zones; (2) wholesale and retail stores, shops and businesses; (3) amusement enterprises; (4) automobile service stations, public automobile parking areas and public garages (not includi…

The uses permitted in limited commercial zones are: personal service shops and general stores, including barbershops, beauty parlors and the like; provided, that such personal services are carried on exclusively within a dwelling. History: 1965, PL, 9-19.

(a) The uses permitted in limited industrial zones are: (1) any use permitted in the Cl zone; (2) the manufacturing, compounding, processing or treating of such products as bakery goods, drugs, cosmetics, and food products (not including fish and meat products or the rendering of…

The uses permitted in general industrial zones are: (1) any use permitted in the Cl and Ml zones except dwellings and hotels; (2) any other uses not specifically prohibited by law, including those which are or may be objectionable, obnoxious or offensive by reason of odor, dust, …

The use permitted in hotel zones is hotels. History: 1965, PL 9-19.

(a) The uses permitted in watershed conservation zones are: any use permitted in R1, R2 and A zones. (b) The uses listed in subsection (a) shall be conducted to insure maximum protection against erosion and contamination of water supplies, and to insure preservation of the natura…

(a) The uses permitted in recreation conservation zones are: (1) agricultural crops; (2) recreational facilities. (b) No structure of any sort other than as approved by the Territorial Park and Recreation Board may be constructed between roads parallel to and near the ocean, and …

(a) A nonconforming building may be maintained and repaired, except as otherwise provided in this section. (b) A building nonconforming as to use regulations may not be added to or enlarged in any manner unless the building, including such additions and enlargements, is made to c…

(a) The nonconforming use of a building, existing at the time this chapter became effective, may be continued. (b) The nonconforming use of a building may be changed to any other use which is permitted in the same zone as the use for which the building or structure is designed or…

The nonconforming use of land existing at the time this chapter became effective may be continued, except that such use may not be extended either on the same or on to adjoining property. Where a nonconforming use of land is discontinued or changed, any future use of such land mu…

The provisions of 26.0330 through 26.0332 apply to buildings, land and uses which hereafter become nonconforming due to any classification or reclassification of zone or to any change in the provisions of this chapter. History: 1965, PL, 9-19; amd 1979, PL 16-14 § 1. Amendment: 1…

The Zoning Board shall identify nonconforming uses and notify the owner and occupant in writing. History: 1965, PL, 9-19.

(a) The Zoning Board may grant a variance from the regulations applicable to a zone if it finds that the variance is necessary to make possible a reasonable use of land or a building, or that the refusal of a variance would impose a hardship, and that the variance would not be in…

An appeal from an action of the Zoning Board may be taken in like manner to appeals under the Administrative Procedure Act 4.1040 through 4.1044. History: 1965, PL, 9-19.

Any person and any firm, corporation or officer thereof, violating any provision of this chapter, is guilty of a class B misdemeanor. History: 1965, PL9-19; amd l980, PL 16-90 § 91. Amendments: 1980 Amended to conform with penalties provided for in Title 46, Criminal Justice.

Except as otherwise allowed or permitted in this chapter, it is unlawful to erect, maintain or display outdoors in American Samoa, any sign, including any billboard, ground sign, wall sign, roof sign, illuminated sign, projecting sign or display illustration, for the announcement…

The following signs shall be allowed without permit: (1) any sign attached to, painted upon, or otherwise placed upon a building where the business announced or advertised is actually carried on, or the product announced or advertised is actually manufactured, assembled, or sold,…

(a) Any sign otherwise prohibited by this chapter may be allowed by the government by the issuance of a special sign permit, for which a fee of $2 must be charged. (b) In the issuance of such special sign permits, the following guidelines shall be considered: (1) whether the prop…

Any presently existing sign not of a type permitted under 26.0502 must either be removed within 60 days of the enactment of this chapter or an application for a special sign permit therefor shall be filed with the Government. Failure to comply with this section subjects the perso…

Any person, which term shall include any corporation, partnership, association, or organ-ization of any kind, who erects, maintains or displays, or who permits upon property owned or controlled by him or it the erection, maintenance or display of a sign, is responsible for that s…

The Governor may delegate the administration and enforcement of this chapter to such official, officials or agency of the Government as may from time to time appear best suited for such task. History: 1965, PL 9-10.

The official, officials or agency charged with the enforcement of the provisions of this chapter shall have the power to order the removal of any sign which is in violation of this chapter. In the event such an order is not obeyed within 48 hours, the official or agency shall hav…

(a) Any person responsible for a sign which is in violation of this chapter is guilty of a class C misdemeanor in determining the fine. (b) Each day such sign continues in violation of this chapter, the person or persons respon-sible shall be guilty of a separate offense, and sha…

The Uniform Building Code, Short Form, 1964 Edition, Volume I, as approved by the International Conference of Building Officials, is hereby adopted and shall have full force and effect of law in American Samoa, with the following exceptions: (a) Section 201 of the Uniform Buildin…

Each application to erect a building must be in writing and accompanied by a sketch showing the location of the proposed structure, its dimensions, structural details, the number, locations, and dimensions of its doors, windows and other openings for light and ventilation, its sa…

Each application must be accompanied by a minimum fee of $1. A larger fee may be charged in the case of business buildings where inspections are necessary, such fee to be reasonable in view of the service to be rendered. History: 1962, PL, 7-26.