The implementation of HB 1353 could alter the landscape of flood management in Hawaii by mandating a structured response from the Department within set timelines. If a petition is submitted, the Department is required to consult with relevant state agencies and assess the risks within sixty days. This proactive stance is intended to lead to quicker resolutions and improvements to state lands that mitigate flooding risks. Furthermore, if there is no substantial progress on the action plan after the Department’s decision to take action, landowners are authorized to take necessary measures themselves. This places a considerable emphasis on local initiative in addressing environmental concerns.
Summary
House Bill 1353 proposes significant amendments to Chapter 179 of the Hawaii Revised Statutes, establishing a new procedure for landowners whose properties are threatened by flooding. This bill allows affected landowners to petition the Department of Land and Natural Resources for the creation of a flood mitigation action plan specifically tailored to their land. The action plan aims to address flooding risks that arise from both man-made alterations and natural conditions affecting state lands. This bill seeks to streamline the process of addressing flooding issues and gives landowners more control and responsibility towards the management of flood risks on their properties.
Contention
While the bill aims to provide some autonomy to landowners, there may be concerns regarding the environmental impact of self-initiated improvements. Provisions are included to ensure compliance with existing environmental regulations, including the requirement for environmental impact assessments and necessary permits prior to any action being taken. Critics may argue that this bill could lead to varying levels of flood mitigation efforts among landowners and suggest disparities in the handling of environmental issues if not carefully monitored and enforced. The potential for discord between landowners and state agencies if disagreements arise regarding the necessity or scale of the proposed improvements is also a concern.