Historic Preservation Resources

State laws play a critical role in historic preservation by establishing protections for cultural and historic sites, guiding compliance processes, and ensuring community involvement. In Hawaiʻi, Chapter 6E of the Hawaiʻi Revised Statutes governs the management of historic properties, including archaeological sites, burials, and historic structures. These laws require state and county agencies, as well as private developers, to consult with the State Historic Preservation Division (SHPD) and often involve review processes to assess potential impacts. State laws complement federal preservation laws, helping to protect the unique cultural and historical heritage of Hawaiʻi through regulatory frameworks and local enforcement.

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Important links: 

• Hawaii Revised Statutes, Chapter 6E

State regulations are essential to historic preservation in Hawaiʻi because they provide the legal framework for identifying, protecting, and managing historic and cultural resources. These regulations, primarily found in Hawaiʻi Administrative Rules (HAR) Title 13, govern processes like archaeological inventory surveys, burial treatment plans, and review procedures under Chapter 6E, HRS. They ensure that preservation efforts are consistent, transparent, and culturally respectful. By requiring compliance from both public and private entities, state regulations help safeguard Native Hawaiian cultural sites, historic buildings, and landscapes. They also create opportunities for community consultation, practitioner involvement, and long-term stewardship rooted in Hawaiʻi’s unique cultural values.

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Federal laws and regulations provide the foundation for historic preservation across the United States, including Hawaiʻi. Key statutes like the National Historic Preservation Act (NHPA) establish programs such as the National Register of Historic Places and the Section 106 review process, which requires federal agencies to consider the effects of their undertakings on historic properties. These laws ensure that preservation is integrated into federal planning, funding, and permitting. Federal regulations also support state and local efforts through technical assistance and funding, such as Historic Preservation Fund grants. Together, they help protect America’s cultural heritage, promote public involvement, and uphold tribal and Indigenous rights.

Historic preservation in Hawaiʻi is uniquely complex due to the presence of iwi kūpuna (ancestral remains), sacred sites, and ongoing cultural practices. Preservation efforts must honor Native Hawaiian beliefs and protocols, especially when burial sites are involved. These are not merely archaeological resources but living connections to ancestors. Hawaiʻi’s Constitution, Article XII, Section 7, requires the state to protect Native Hawaiian traditional and customary rights, including access to and care for cultural sites. This legal mandate ensures that preservation in Hawaiʻi goes beyond compliance, requiring consultation, cultural sensitivity, and recognition of the living significance of historic places.

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Historic preservation often intersects with environmental laws and policies, as both seek to protect places of cultural and natural significance. Environmental review processes, such as those under the National Environmental Policy Act (NEPA) and Hawaiʻi’s Chapter 343, require assessments of how projects may impact historic sites, including cultural landscapes and traditional gathering areas. Similarly, coastal zone and land use regulations often overlap with historic preservation goals, especially in areas vulnerable to climate change or development. By integrating cultural and environmental considerations, these laws promote holistic stewardship, ensuring that both ecological integrity and cultural heritage are protected for future generations.