Article XI — Conservation, Control and Development of Resources

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. 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

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.

[Ren and am Const Con 1978 and election Nov 7, 1978]

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.

[Add Const Con 1978 and election Nov 7, 1978]

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.

[Add Const Con 1978 and election Nov 7, 1978]

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.

[Ren and am Const Con 1978 and election Nov 7, 1978]

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. All fisheries in the sea waters of the State not included in any fish pond or artificial enclosure shall be free to the public, subject to vested rights and the right of the State to regulate the same.

[Ren and am Const Con 1978 and election Nov 7, 1978]

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 shall set overall water conservation, quality and use policies.

[Add Const Con 1978 and election Nov 7, 1978]

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.

[Add Const Con 1978 and election Nov 7, 1978]

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.

[Add Const Con 1978 and election Nov 7, 1978]

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.

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.

[Add SB 2021 (1988) and election Nov 8, 1988]