Relating To Stormwater Management Systems.
SB1221 establishes a new county-level regulatory framework for retention ponds and detention ponds in Hawaii, to be known as “Sharkey’s Law.” Beginning January 1, 2027, each county must adopt ordinances governing the permitting, construction, maintenance, and safety of these stormwater facilities. The bill specifically requires counties to create a permitting process for new ponds and to set minimum safety standards, including fencing at least four feet high with locked gates, warning signage, life buoys at entry points, ground maintenance, and maintenance plans from property owners or managers.
The measure also directs each county to survey all existing retention and detention ponds within its jurisdiction and submit a report to the Legislature by late 2026, including findings, recommendations, and any proposed legislation. The bill defines “detention pond” and “retention pond” for purposes of the new law and exempts ponds located on golf courses, hotels, resort properties, or other secured recreational areas if those entities can show sufficient security measures. The act takes effect upon approval.
The bill amends chapter 46 of the Hawaii Revised Statutes by adding a new section that shifts responsibility for pond safety regulation to the counties. It creates new local ordinance requirements for stormwater pond permitting and safety, imposes compliance obligations on property owners and managers, and requires county inventories and reporting on existing facilities. The law would affect developers, private property owners, county governments, and operators of stormwater infrastructure, while leaving some secured recreational properties outside the general rule if they can demonstrate adequate protections.
The available voting history shows strong and unanimous support at each recorded stage, with all listed committee and conference votes passing without opposition. The bill’s findings frame it as a public health and safety response to Hawaii’s drowning rate, climate-driven rainfall intensity, and a specific child drowning tragedy, which suggests a broadly sympathetic and safety-oriented reception. No committee transcripts were provided, but the amendment history and unanimous votes indicate the measure was generally well received.
The main policy issue is how far to extend mandatory safety regulation over stormwater ponds and who should bear the cost and responsibility for compliance. Counties, property owners, and managers may be affected by fencing, signage, maintenance, and permitting requirements, while the exemption for golf courses, hotels, resorts, and other secured recreational areas could raise questions about consistency and enforcement. Another possible point of discussion is the balance between public safety and the practical operation of drainage and stormwater systems, especially for existing facilities that may need retrofits.