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REPORT OF THE POLICY COMMITTEE ON ENVIRONMENTAL AND NATURAL
RESOURCE MANAGEMENT
DATE: September 15, 2026 Re: Comm.No. 1058/Bill No. 191
PLACE: Council Chambers
Hilo, Hawai`i
TIME: 1:27 p.m.
Council Chair and Members
Hawai`l County Council
Hilo, Hawai`i 96720
Your Policy Committee on Environmental and Natural Resource Management, to which was
referred Bill No. 191,reports as follows:
Bill No. 191, transmitted by Council Member Holeka Goro Inaba, via Communication No. 1058,
dated August 27, 2026, amends Chapter 10,Article 1, Section 10-8, of the Hawai`i County Code
1983 (2016 Edition, as amended),relating to erosion and sedimentation control.
Bill 191 establishes administrative enforcement provisions for violations of Chapter 10, including
increased fines of up to $1,000 per day.
Public Works Director Wesley Segawa, Deputy Chief Engineer Melanie DeMello, and Deputy
Corporation Counsel Sinclair Salas-Ferguson were present.
Member Inaba began by sharing the details of this bill and the focus was on how to help the
Director of the Depai tiuent of Public Works address enforcement and violations.
Mr. Segawa stated that his department is in full support of this legislation. Mr. Salas-Ferguson
agreed that this was a realistic tool that the department can use to help enforce violations of
grading and grubbing that occurs without permits.
Member Inaba introduced an amendment via Communication No. 1058.1,which was requested by
the Office of Corporation Counsel and added that this removes language regarding the posting of
the copy of the notice of violation in a newspaper. Mr. Salas-Ferguson stated that legally what
satisfies the constitutional due process requirements regarding service can be both in-person
service and service via certified mail, even if the mail is returned. Bill 191 was amended with nine
"ayes."
Member Inaba shared that recently there have been two occurrences of illegal grading and grubbing
within his district and that even though the department had issued notices of violation, there has been no
enforcement or fines capability within the department without having to go through the court system.
Committee Member Michelle M. Galimba asked for clarification within the scope of the recent
disaster recovery from Hurricane Lala if any of that grading and grubbing work to clear debris would
be in violation. Mr. Segawa said that right now his department is focused on helping to restore the
roads that were damaged. Mr. Salas-Ferguson said that he believes the work the County is doing is
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covered under the emergency proclamation and stated that he is not certain what would be exempted
within the private sector and would need to review the individual cases. Mr. Salas-Ferguson added
that if anyone is unclear on what is or is not legal, they can contact the Engineering Division to
address their specific concerns.
Committee Member Matt Kaneali`i-Kleinfelder asked for the definition of when a permit is required
for grading and grubbing. Ms. DeMello shared that a permit is required for grubbing when one
hundred cubic yards of cut or fill is exceeded and grading permits are required for clearing beyond
one acre. Member Kaneali`i-Kleinfelder stated that he is in support of the bill.
Member Onishi asked if this legislation helps address when people dump branches in culverts that
can clog drainage. Ms. DeMello said that this bill doesn't directly address these specific concerns,but
it does allow for more general enforcement and fines for any illegal grading and grubbing work that is
occurring. She shared that residents with concerns of this nature can contact their office by phone or
utilize their online form for reporting.
Your Policy Committee on Environmental and Natural Resource Management is in accord with the
purpose and intent of Bill No. 191, as amended to Draft 2, and recommends its passage on first reading.
slm
AYES NOES ABS EX Respectfully submitted,
GALIMBA X
HUSTACE X POLICY COMMITTEE ON
INABA X ENVIORNMENTAL AND NATURAL
KAGIWADA x RESOURC A MENT
KANEALI`I-KLEINFELDER X
KIERKIEWICZ X
KIMBALL X BE CA V LLEGAS, CHAIR
ONISHI X PCENRM REPORT NO.: 4
VILLEGAS X ADOPTED: OCT 0 7 2026