SCR 179

THE SENATE
S.C.R. NO.
179
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
SENATE CONCURRENT
RESOLUTION
urging the county of maui to enforce the provisions of
the fire code of the county of maui relating to fire hazards, brush clearance,
fuel breaks, roadside vegetation clearing, and emergency access.
���� WHEREAS, the
County of Maui has experienced destructive brush and wildfire events before and
after the 2023 Maui wildfires and has since identified multiple areas in West
Maui where hazardous fuels threaten lives, property, and major access corridors
into and out of Lahaina; and
���� WHEREAS, in
December 2024, the County of Maui adopted substantial amendments to the Fire
Code of the County of Maui relating to exterior vegetation and wildfire risk
reduction, including subsection 10.13.2, which defines "brush", "clearance",
"fire hazard", "fuel break", "property", "structure",
and �vegetation�, and authorizes the Fire Chief of the County of Maui to order
vegetation to be removed, maintained, or cleared when the Fire Chief determines
that the vegetation constitutes a fire hazard; and
���� WHEREAS, subsection
10.13.2.3 of the Fire Code of the County of Maui requires any owner, occupant,
or other person having control over a property to maintain a brush clearance
between thirty and one hundred feet away from structures based on vegetation
height, and requires brush to be cleared to less than eighteen inches across
the entirety of lots sized one-half acre or less when violations are found; and
���� WHEREAS,
subsection 10.13.2.3 of the Fire Code of the County of Maui further requires the
maintenance of effective fuel breaks on plots of land greater than one-half
acre in size that are adjacent to areas containing structures and requires vegetation
removal near roof lines and chimneys; and
���� WHEREAS, subsection
10.13.2.6 of the Fire Code of the County of Maui authorizes the clearing of
combustible vegetation along portions of highways and private streets to
protect life and property; and
���� WHEREAS,
recent reporting indicates that the County of Maui has begun warning violators
that failure to comply with the updated overgrowth rules may result in fines of
up to $1,000 per day and criminal penalties, but the continuing need for
warning letters itself reflects the importance of sustained, visible, and
proactive enforcement, especially for large landowners and large unmanaged
parcels; and
���� WHEREAS,
wildfire survivors continue to be housed in temporary housing communities and
secondary sites in Lahaina, making vegetation management and unobstructed
emergency ingress and egress near survivor housing an immediate public safety
concern; and
���� WHEREAS,
public reporting from one year after the 2023 Maui wildfires documented
continuing concern in West Maui regarding flammable grass and vegetation near
homes and roads, with local officials and residents emphasizing that evacuation
and roadside vegetation management are high priorities after the catastrophe in
Lahaina; and
���� WHEREAS,
prompt enforcement of the provisions of the Fire Code of the County of Maui
relating to exterior vegetation, fuel break, and emergency access is necessary
to reduce fire risk, protect temporary and permanent housing areas, preserve
access for evacuation and emergency response, and ensure that large property
owners do not shift avoidable wildfire risk onto neighboring communities; now,
therefore,
���� BE IT
RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii,
Regular Session of 2026, the House of Representatives concurring, that the
County of Maui is urged to actively enforce subsection 10.13.2 of the Fire Code
of the County of Maui, including the provisions relating to fire hazards, brush
clearance, fuel breaks, roadside vegetation clearing, and emergency access; and
���� BE IT FURTHER
RESOLVED that the County of Maui is urged to prioritize enforcement on large
parcels, parcels adjacent to residential communities, parcels adjacent to
temporary housing sites for wildfire survivors, parcels bordering major
evacuation corridors, and parcels where overgrown vegetation or obstructions to
access routes present heightened risks to life and property; and
���� BE IT FURTHER
RESOLVED that the County of Maui is urged to use all available inspection,
notice, citation, abatement, and enforcement tools authorized by county law to
obtain timely compliance from property owners and other persons having control
over hazardous properties; and
���� BE IT FURTHER
RESOLVED that certified copies of this Concurrent Resolution be transmitted to the
Mayor of the County of Maui, Fire Chief of the County of Maui, Administrator of
the Maui Emergency Management Agency, and Chair of the Maui County Council.
OFFERED BY:
_____________________________
Report Title:�
Maui
County; Fire Code; Fire Hazards; Brush Clearance; Fuel Breaks; Roadside
Vegetation Clearing; Emergency Access