THE CONSTITUTION OF THE STATE OF HAWAII
ARTICLE XI - CONSERVATION, CONTROL AND DEVELOPMENT OF RESOURCES
INDEX TO THE CONSTITUTION OF THE STATE OF HAWAII
section titles
preamble
article I
article II
article III
article IV
article V
article VI
article VII
article VIII
article IX
article X
article XI
article XII
article XIII
article XIV
article XV
article XVI
article XVII
article XVIII
download text (zip, 41K)
index (pdf, 45K)
disclaimer
THE CONSTITUTION OF THE STATE OF HAWAII
As Amended and in Force January 1, 2000
ARTICLE XI
CONSERVATION, CONTROL AND DEVELOPMENT OF RESOURCES
CONSERVATION AND DEVELOPMENT OF RESOURCES
Section 1. For the benefit of present and future
generations, the State and its political subdivisions shall
conserve and protect Hawaii's natural beauty and all natural
resources, including land, water, air, minerals and energy
sources, and shall promote the development and utilization of
these resources in a manner consistent with their conservation
and in furtherance of the self-sufficiency of the State.
All public natural resources are held in trust by the State
for the benefit of the people. [Add Const Con 1978 and election
Nov 7, 1978]
MANAGEMENT AND DISPOSITION OF NATURAL RESOURCES
Section 2. The legislature shall vest in one or more
executive boards or commissions powers for the management of
natural resources owned or controlled by the State, and such
powers of disposition thereof as may be provided by law; but land
set aside for public use, other than for a reserve for
conservation purposes, need not be placed under the jurisdiction
of such a board or commission
The mandatory provisions of this section shall not apply to
the natural resources owned by or under the control of a
political subdivision or a department or agency thereof. [Ren and
am Const Con 1978 and election Nov 7, 1978]
AGRICULTURAL LANDS
Section 3. The State shall conserve and protect
agricultural lands, promote diversified agriculture, increase
agricultural self-sufficiency and assure the availability of
agriculturally suitable lands. The legislature shall provide
standards and criteria to accomplish the foregoing
Lands identified by the State as important agricultural
lands needed to fulfill the purposes above shall not be
reclassified by the State or rezoned by its political
subdivisions without meeting the standards and criteria
established by the legislature and approved by a two-thirds vote
of the body responsible for the reclassification or rezoning
action. [Add Const Con 1978 and election Nov 7, 1978]
PUBLIC LAND BANKING
Section 4. The State shall have the power to acquire
interests in real property to control future growth, development
and land use within the State. The exercise of such power is
deemed to be for a public use and purpose. [Add Const Con 1978
and election Nov 7, 1978]
GENERAL LAWS REQUIRED; EXCEPTIONS
Section 5. The legislative power over the lands owned by or
under the control of the State and its political subdivisions
shall be exercised only by general laws, except in respect to
transfers to or for the use of the State, or a political
subdivision, or any department or agency thereof. [Ren and am
Const Con 1978 and election Nov 7, 1978]
MARINE RESOURCES
Section 6. The State shall have the power to manage and
control the marine, seabed and other resources located within the
boundaries of the State, including the archipelagic waters of the
State, and reserves to itself all such rights outside state
boundaries not specifically limited by federal or international
law
All fisheries in the sea waters of the State not included in
any fish pond, artificial enclosure or state-licensed mariculture
operation shall be free to the public, subject to vested rights
and the right of the State to regulate the same; provided that
mariculture operations shall be established under guidelines
enacted by the legislature, which shall protect the public's use
and enjoyment of the reefs. The State may condemn such vested
rights for public use. [Ren and am Const Con 1978 and election
Nov 7, 1978]
WATER RESOURCES
Section 7. The State has an obligation to protect, control
and regulate the use of Hawaii's water resources for the benefit
of its people
The legislature shall provide for a water resources agency
which, as provided by law, shall set overall water conservation,
quality and use policies; define beneficial and reasonable uses;
protect ground and surface water resources, watersheds and
natural stream environments; establish criteria for water use
priorities while assuring appurtenant rights and existing
correlative and riparian uses and establish procedures for
regulating all uses of Hawaii's water resources. [Add Const Con
1978 and election Nov 7, 1978]
NUCLEAR ENERGY
Section 8. No nuclear fission power plant shall be
constructed or radioactive material disposed of in the State
without the prior approval by a two-thirds vote in each house of
the legislature. [Add Const Con 1978 and election Nov 7, 1978]
ENVIRONMENTAL RIGHTS
Section 9. Each person has the right to a clean and
healthful environment, as defined by laws relating to
environmental quality, including control of pollution and
conservation, protection and enhancement of natural resources.
Any person may enforce this right against any party, public or
private, through appropriate legal proceedings, subject to
reasonable limitations and regulation as provided by law. [Add
Const Con 1978 and election Nov 7, 1978]
FARM AND HOME OWNERSHIP
Section 10. The public lands shall be used for the
development of farm and home ownership on as widespread a basis
as possible, in accordance with procedures and limitations
prescribed by law.
EXCLUSIVE ECONOMIC ZONE
Section [11]. The State of Hawaii asserts and reserves its
rights and interest in its exclusive economic zone for the
purpose of exploring, exploiting, conserving and managing natural
resources, both living and nonliving, of the seabed and subsoil,
and superadjacent waters. [Add SB 2021 (1988) and election Nov 8,
1988]
