Chapter 6E — Historic

§6E-10 Privately owned historic property. (a) Before any construction, alteration, disposition, or improvement of any nature, by, for, or permitted by a private landowner may be commenced that will affect a historic property on the Hawaii register of historic places, the landowne…

§6E-11 Civil and administrative violations. (a) It shall be a civil and administrative violation for any person to take, appropriate, excavate, injure, destroy, or alter any historic property or aviation artifact located upon the private lands of any owner thereof without the own…

§6E-11.5 Civil penalties. Except as provided in section 6E-11, any person who violates this chapter, or any rule adopted pursuant to this chapter shall be fined not less than $500 nor more than $20,000 for each separate violation. Each day of each violation constitutes a separate…

§6E-12 Reproductions, forgeries, and illegal sales. (a) It shall be unlawful to reproduce, retouch, rework, or forge any historic object and to represent it or offer it for trade or sale as an original and genuine object. It shall be unlawful for any person to offer for sale or e…

§6E-13 Injunctive relief. (a) In addition to, and without limiting the other powers of the attorney general and without altering or waiving any criminal penalty, civil, or administrative provisions of this chapter, the attorney general shall have the power to bring an action in t…

§6E-15 Regulations, special conditions or restrictions. In addition to any power or authority of a political subdivision to regulate by planning or zoning laws and regulations or by local laws and regulations, the governing body of any political subdivision may provide by regulat…

§6E-16 Hawaii historic preservation special fund. (a) There shall be established a Hawaii historic preservation special fund into which shall be deposited the following moneys: All interest earned or accrued on moneys deposited in the fund shall become part of the fund. The fund …

§6E-2 Definitions. As used in this chapter: "Aviation artifact" means airplanes, fallen aircraft, crash sites, or any objects or materials associated with the history of aerospace in Hawaii which are over fifty years old, or determined to be of exceptional historic significance b…

§6E-3 Historic preservation program. There is established within the department a division to administer a comprehensive historic preservation program, which shall include but not be limited to the following:

§6E-32 Diamond Head State Monument. (a) There shall be a Diamond Head State Monument as a historical site on Oahu to be administered by the department of land and natural resources, and to consist of: (b) All state lands within and adjacent to the monument shall be returned to th…

§6E-33 REPEALED. L 2015, c 147, §3.

§6E-34.5 REPEALED. L 2021, c 231, §1.

§6E-35 Iolani Palace. (a) The official designation of the palace of the former monarchs of Hawaii shall be Iolani Palace. (b) The official designation of the Friends of Iolani Palace shall be the State of Hawaii Museum of Monarchy History. The qualifying standards and conditions …

§6E-4 Administration. All state historic areas and buildings surplus to the operations of the department of accounting and general services shall be transferred by executive order to the department. All state projects and programs relating to historic preservation shall come unde…

§6E-40 Bernice Pauahi Bishop Museum. The official designation of the Bernice Pauahi Bishop Museum shall be the State of Hawaii Museum of Natural and Cultural History. The qualifying standards and conditions related to the receipt of funds contained in chapter 42F shall not apply …

§6E-41 Cemeteries; removal or redesignation. (a) Any person removing or redesignating any cemetery shall comply with the following requirements: (b) The requirements of subsection (a) shall be in addition to any requirements imposed by the department of health. [L 1988, c 265, pt…

§6E-42 Review of proposed projects. [Section effective until June 30, 2026. For section effective July 1, 2026, see below.] (a) Except as provided in section 6E-42.2, before any agency or officer of the State or its political subdivisions approves any project involving a permit, …

§6E-42.2 Excluded activities for privately-owned single-family detached dwelling units and townhouses, residential projects, and nominally sensitive areas. (a) An application for a proposed project on an existing privately-owned single-family detached dwelling unit or townhouse s…

§6E-43 Prehistoric and historic burial sites. (a) At any site, other than a known, maintained, actively used cemetery where human skeletal remains are discovered or are known to be buried and appear to be over fifty years old, the remains and their associated burial goods shall n…

§6E-43.5 Island burial councils; creation; appointment; composition; duties. (a) There shall be established within the department five island burial councils, one each for Hawai`i, Maui/Lāna`i, Moloka`i, O`ahu, and Kaua`i/Ni`ihau, to implement section 6E-43. Each council shall co…

[§6E-44 Veterans memorial commission.] There is established a commission whose function is to plan and select works of art for memorials to the veterans of the Korean and Vietnam conflicts as well as to select a site for the memorials. The commission shall be composed of nine mem…

§6E-5.5 The Hawaii historic places review board; creation; powers; appointments; composition. (a) There is created a review board, to be designated the Hawaii historic places review board, for the Hawaii register of historic places and the national register of historic places whi…

§6E-6 Depositories for certain specimens and objects. The department shall serve as or shall determine the depository for all field notes, photographs, negatives, maps, artifacts, or other materials generated or recovered through historic preservation projects supported in whole …

[PART IV. MISCELLANEOUS PROVISIONS] §6E-61 Biological survey; designation. A Hawaii biological survey is established and designated as a program of the State of Hawaii museum of natural and cultural history. The survey shall consist of an ongoing natural history inventory of the …

§6E-7 State title to historic property. (a) All historic property located on lands or under waters owned or controlled by the State shall be the property of the State. The control and management of the historic property shall be vested in the department. (b) The department may di…