HAWAII CONSTITUTION
ARTICLE XI
CONSERVATION, CONTROL AND DEVELOPMENT OF RESOURCES

Art. XI §0 | NOTE

Note: This article was redesignated from “Article X Conservation and Development of Resources” to be “Article XI Conservation, Control and Development of Resources” by Const Con 1978 and election Nov 7, 1978. The former Article XI now appears as Article XII.

Art. XI §1 | CONSERVATION AND DEVELOPMENT OF RESOURCES

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.

Note: A proposal of the 1978 Constitutional Convention deleted the former section 1 of the old Article X, which read: “Section 1. The legislature shall promote the conservation, development and utilization of agricultural resources, and fish, mineral, forest, water, land, game and other natural resources.” This deletion appears to be one of the unspecified changes submitted for ratification under Question 34. On whether any of the changes submitted under Question 34 was in fact approved by the electorate, see Kahalekai v. Doi, 60 H. 324, 590 P.2d 543, excerpted in the note preceding the Preamble to the Constitution.

Art. XI §2 | MANAGEMENT AND DISPOSITION OF NATURAL RESOURCES

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.

Art. XI §3 | AGRICULTURAL LANDS

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.

Art. XI §4 | PUBLIC LAND BANKING

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.

Art. XI §5 | GENERAL LAWS REQUIRED; EXCEPTIONS

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.

Art. XI §6 | MARINE RESOURCES

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.

Art. XI §7 | WATER RESOURCES

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.

Art. XI §8 | NUCLEAR ENERGY

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.

Art. XI §9 | ENVIRONMENTAL RIGHTS

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.

Art. XI §10 | FARM AND HOME OWNERSHIP

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.

Note: This is the former section 5 of the old Article X. A proposal of the 1978 Constitutional Convention deleting this provision from the Constitution was not validly ratified. Kahalekai v. Doi, 60 H. 324, 590 P.2d 543. In view of the holding, the revisor has restored the provision and designated it as section 10 of this article under the authority of Resolution No. 29 of the 1978 Constitutional Convention.

Art. XI §11 | EXCLUSIVE ECONOMIC ZONE

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 super adjacent waters.

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HAWAII CONSTITUTIONARTICLE XICONSERVATION, CONTROL AND DEVELOPMENT OF RESOURCES

Art. XI §0 | NOTE

Art. XI §1 | CONSERVATION AND DEVELOPMENT OF RESOURCES

Art. XI §2 | MANAGEMENT AND DISPOSITION OF NATURAL RESOURCES

Art. XI §3 | AGRICULTURAL LANDS

Art. XI §4 | PUBLIC LAND BANKING

Art. XI §5 | GENERAL LAWS REQUIRED; EXCEPTIONS

Art. XI §6 | MARINE RESOURCES

Art. XI §7 | WATER RESOURCES

Art. XI §8 | NUCLEAR ENERGY

Art. XI §9 | ENVIRONMENTAL RIGHTS

Art. XI §10 | FARM AND HOME OWNERSHIP

Art. XI §11 | EXCLUSIVE ECONOMIC ZONE

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