Department of Land Management

Clean Water and Natural Lands

Program Overview

The City and County of Honolulu Clean Water and Natural Lands Program (“CWNL”) facilitates the purchase or acquisition of real estate or any interest therein for land conservation within the City and County of Honolulu on the island of Oʻahu, Hawaiʻi, for the following purposes:

  • Protection of watershed lands to preserve water quality and water supply;
  • Preservation of forests, beaches, coastal areas and agricultural lands;
  • Public outdoor recreation and education, including access to beaches and mountains;
  • Preservation of historic or culturally important land areas and sites;
  • Protection of significant habitats or ecosystems, including buffer zones;
  • Conservation of land in order to reduce erosion, floods, landslides, and runoff; and
  • Acquisition of public access to public land and open space.

In 2006, Honolulu voters approved Charter Question 3, which set aside a half-percent of real property tax revenues for land conservation purposes (Revised Charter of the City and County of Honolulu 1973 (2000 Edition), Chapter 2, Section 9-204(a)).  Pursuant to the charter amendment, in 2007, the Honolulu City Council established the Clean Water and Natural Lands Fund (Ordinance 07-18) and the Clean Water and Natural Lands Advisory Commission (Resolution  07-355 CD1).  

In 2016, Honolulu voters approved Charter Amendment 11 to establish in the Charter an approval process and an advisory commission for Clean Water and Natural Lands Fund proposals.  The Clean Water and Natural Lands Advisory Commission consist of seven volunteer members, with three appointed by the mayor, three appointed by City Council, and one appointed by a majority vote of the six appointed members.  Commission members come from a variety of conservation, science, education, policy, and cultural backgrounds.

In 2022, voters approved Charter Amendment No. 3, expanding the permitted use of funds in the Clean Water and Natural Lands Fund to include funding for costs related to the operation, maintenance, and management of lands acquired by way of this fund. The allocation of funds are necessary to protect, maintain, or restore resources at risk on these lands, such as infrastructure, environmental remediation, or improvements to provide for public access and use.

The role of the Commission is to consider proposals submitted to it by the Department of Land Management and to submit recommendations to the City Council for approval of expenditures from the Clean Water and Natural Lands Fund.

After receiving applications for specific projects, the Commission reviews them carefully, invites public comment, and holds public hearings to review and assess the merits of each application.  It will then forward its recommendations on the applications received to the City Council for further review and action.  

Actual funding for any given recommendation by the Commission, is a part of the City’s annual budgeting process. 

Section 9-204. Clean Water and Natural Lands Fund and Affordable Housing Fund — 

  1. There shall be established a Clean Water and Natural Lands Fund and an Affordable Housing Fund. In adopting each fiscal year’s budget and capital program, the council shall appropriate one percent of the estimated real property tax revenues, one-half of which shall be deposited into the Clean Water and Natural Lands Fund and the remaining one-half of which shall be deposited into the Affordable Housing Fund.
  2. Moneys in the Clean Water and Natural Lands Fund shall be used:
    (a)    To purchase or otherwise acquire real estate or any qualified interest therein for land conservation in the city for the following purposes: protection of significant watershed lands to preserve water quality and water supply; preservation of significant forests, beaches, coastal areas, and agricultural lands; public outdoor recreation and education, including access to beaches and mountains; preservation of historic or culturally important land areas and sites; protection of significant habitats or ecosystems, including buffer zones; conservation of land to significantly reduce erosion, floods, landslides, and runoff; and acquisition of public access to public land and open space to yield a significant public benefit. A qualified interest means a perpetual conservation restriction by a qualified organization which has a commitment to protect the conservation purposes and the resources to enforce the restrictions; or
    (b)    For costs related to the operation, maintenance, and management of lands acquired by way of this fund that are necessary to protect, maintain, or restore resources at risk on these lands, such as infrastructure, environmental remediation, or improvements to provide for public access and use of these lands: provided that the costs related to operation, maintenance, and management of lands acquired by way of this fund do not exceed five percent of the moneys deposited into the fund in the previous year.
  3. Moneys in the Affordable Housing Fund shall be used to provide affordable rental housing for persons earning sixty percent or less of the median household income in the city for the following purposes: provision and expansion of affordable rental housing and suitable living environments in projects, which may include mixed-use, mixed-income projects, having residential units that are principally for persons of low and moderate income through land acquisition for, development of, construction of, and/or capital improvements or rehabilitation to such housing, provided that the funded housing remains affordable for at least sixty years.
  4. The moneys in each fund may also be used for the payment of principal, interest, and premium, if any, due with respect to bonds issued subsequent to enactment of this section and pursuant to Sections 3-116 or 3-117, in whole or in part, for the purposes enumerated in subsections 2 and 3 of this section and for the payment of costs associated with the purchase, redemption or refunding of such bonds.
  5. At any given time, no more than five percent of the moneys in each fund shall be used for administrative expenses.
  6. Any balance remaining in each fund at the end of any fiscal year shall not lapse, but shall remain in the fund, accumulating from year to year. The moneys in each fund shall not be used for any purposes except those listed in this section.
  7. The department of budget and fiscal services shall receive proposals for the use of funds in the Clean Water and Natural Lands Fund and shall submit qualified proposals to an advisory commission, which shall make recommendations to the council for approval. All proposals for uses of the Clean Water and Natural Lands Fund shall be processed consistent with this procedure.
  8. There shall be established a Clean Water and Natural Lands advisory commission to consider proposals submitted to it by the department of budget and fiscal services and to submit recommendations to the council for approval of expenditures under this section. The commission shall consist of seven members, with three appointed by the mayor, three appointed by the council, and one appointed by a majority vote of the six appointed members. The members shall serve for staggered terms of five years and until their successors have been appointed and qualified. The initial appointments shall commence no later than January 15, 2017, and shall be as follows:
    (a)    For an initial two-year term, two members, one each appointed by the mayor and the council.
    (c)    For an initial three-year term, two members, one each appointed by the mayor and the council.
    (d)    For an initial four-year term, two members, one each appointed by the mayor and the council.
    (e)    For a five-year term, the member appointed by the majority vote of the other six appointed members. 9. The director of the department of budget and fiscal services shall administer the fund. 10. The council shall by ordinance establish other procedures for the administration and expenditure of moneys in each fund consistent with this section. The appropriations to each fund shall not substitute for, but shall be in addition to, those appropriations historically made for the purposes stated in this section.

(2006 General Election Charter Amendment Question No. 3; 2016 General Election Charter Amendment Question No. 5 and 11; 2022 General Election Charter Amendment Question No. 3 (Reso. 22-079, CD2))

Note
Subsections in 9-204.8 were misnumbered in original 2016 General Election Charter Amendment Question No. 11

Article 62 . Clean Water and Natural Lands Fund

Sections:
6- 62 .1    Creation.
6- 62 .2     Purpose .
6- 62 .3     Deposit .
6- 62 .4     Report required.
6- 62 .5    Additional requirements.
6- 62 .6    Administration.

Sec. 6- 62 .1      Creation.
There is created and established a special fund to be known as the “clean water and natural lands fund.”
(1990 Code, Ch. 6, Art. 62, § 6-62.1) (Added by Ord. 07-18)

Sec. 6- 62 .2      Purpose.
The purpose of the clean water and natural lands fund is to provide for the purchase of or to otherwise acquire real estate or any interest therein for land conservation in the city for the following purposes:
(1)    Protection of watershed lands to preserve water quality and water supply;
(2)    Preservation of forests, beaches, coastal areas, and agricultural lands;
(3)    Public outdoor recreation and education, including access to beaches and mountains;
(4)    Preservation of historic or culturally important land areas and sites;
(5)    Protection of significant habitats or ecosystems, including buffer zones;
(6)    Conservation of land to reduce erosion, floods, landslides, and runoff; and
(7)    Acquisition of public access to public land and open space.
(1990 Code, Ch. 6, Art. 62, § 6-62.2) (Added by Ord. 07-18)

Sec. 6- 62 .3      Deposit.
There shall be deposited into the clean water and natural lands fund an amount equal to one-half of the appropriation by the council of a minimum of 1 percent of the estimated real property tax revenues, plus any interest earned on deposits in the clean water and natural lands fund.
(1990 Code, Ch. 6, Art. 62, § 6-62.3) (Added by Ord. 07-18)

Sec. 6- 62 .4      Report required.
Within 15 calendar days after the mayor submits the budget documents specified in Charter § 9-102.1 to the council, the mayor shall also submit a report on the clean water and natural lands fund that shall include but not be limited to:
(1)   The calculation of the minimum amount required by the charter to be appropriated from the estimated real property tax revenues and deposited into the clean water and natural lands fund and the amount to be deposited into the clean water and natural lands fund as provided in the proposed budget for the ensuing fiscal year, which shall at least equal the minimum amount;
(2)   An explanation of the operating and capital program for the ensuing six fiscal years for the use of the clean water and natural lands fund. The explanation may be in the form of a functional plan spanning at least the ensuing six fiscal years for the clean water and natural lands fund, adopted by the council, and any annual updates thereto, also adopted by the council. If applicable, the explanation shall demonstrate that the operating and capital program complies with the appropriation priorities the council has established for the clean water and natural lands fund. Identification of applicable information contained in the administration’s budget submittal may satisfy this requirement;
(3)   The amount included in the mayor’s proposed executive operating and capital budgets for the ensuing fiscal year from the clean water and natural lands fund, separately identifying the amount to be appropriated for administrative expenses and demonstrating that the appropriation complies with the charter’s maximum amount, and an explanation of how the budgeted amount complies with the charter requirement that the amount does not substitute for, but is in addition to the appropriations historically made for the purposes set forth in the Charter; and
(4)   A list of proposed amendments to the public infrastructure maps required by the proposed appropriations from the clean water and natural lands fund.
(1990 Code, Ch. 6, Art. 62, § 6-62.4) (Added by Ord. 07-18)

Sec. 6- 62 .5    Additional requirements.
(a)   All expenditures from the clean water and natural lands fund shall be made consistent with the priorities established by a commission created by council resolution or, in the absence of a commission, with the priorities established by the council by resolution.
(b)   Moneys in the clean water and natural lands fund may be used for the payment of principal, interest, and premium, if any, due with respect to bonds issued after enactment of this ordinance and pursuant to Charter §§ 3-116 or 3-117, in whole or in part, for the purposes enumerated above and for the payment of costs associated with the purchase, redemption, or refunding of such bonds.
(c)   At any given time, no more than 5 percent of the moneys in the clean water and natural lands fund shall be used for administrative expenses.
(d)   Any balance remaining in the clean water and natural lands fund at the end of any fiscal year shall not lapse, but shall remain in the clean water and natural lands fund, accumulating from year to year. The moneys in the clean water and natural lands fund shall not be used for any purposes except those listed in this article.
(e)   The appropriations to the clean water and natural lands fund shall not substitute for, but shall be in addition to, those appropriations historically made for the purposes stated in this article.
(1990 Code, Ch. 6, Art. 62, § 6-62.5) (Added by Ord. 07-18)

Sec. 6- 62 .6    Administration.
 The director of budget and fiscal services shall administer the clean water and natural lands fund.
(1990 Code, Ch. 6, Art. 62, § 6-62.6) (Added by Ord. 07-18)

Conservation Sites

HAKIPU'U LO'I KALO

Photo Credit: Mark Holladay

The City and County of Honolulu Clean Water and Natural Lands Program, the Trust for Public Land, Hoʻāla ‘Āina Kūpono, the Fukumitsu ʻohana, Hawaiʻi Land Trust (HILT), and the State of Hawaiʻi Department of Land and Natural Resources Legacy Land Conservation Program came together to ensure the protection of the Hakipuʻu Loʻi Kalo that sits at the foot of the Koʻolau Range mountains, Kāneʻohe Bay, and neighboring the Mōliʻi Fishpond. On July 22, 2020 the property was officially acquired and protected with a conservation easement acquired by the city with HILT as its administrative oversight partner. The conservation easement guarantees that the Hakipuʻu Loʻi Kalo will be protected from development and used to educate present and future generations about kalo farming.

TURTLE BAY MAUKA

turtle bay
Photo Credit: Sean Davey

Turtle Bay Mauka lands is 468.42 acres zoned AG-1 Restricted Agriculture. Trust for Public LandsNorth Shore Community Land Trust, and the City and County of Honolulu protect this property through a conservation easement to protect and preserve agricultural land and provide public benefits such as food security and local farming and distribution. In 2019, Turtle Bay Resort contracted Pono Pacific to farm and manage the agricultural lands.

MAUNAWILA HEIAU COMPLEX

Photo Credit: Tina Aiu, courtesy HILT

Maunawila Heiau Complex, spanning approximately 9.08 acres in the Hauʻula community on Oʻahu’s windward side, holds significant cultural and historical value. It is beloved by residents of the Koʻolauloa District, Hawaiian cultural practitioners, volunteers and members of the Koʻolauloa Hawaiian Civic club, the Hauʻula Community Association, and others. Recognized as a wahi pana, or sacred site, by Native Hawaiian cultural historians and practitioners, the complex is one of the few remaining places in the area where Hawaiʻi’s rich ancient past can be readily observed. 

Funding for the purchase of the property and its conservation easement was secured through the state of Hawaiʻi Department of Land and Natural Resources Legacy Land Conservation Program and the City and County of Honolulu Clean Water and Natural Lands Program. The land is owned and stewarded by Hawaiʻi Land Trust.

KA IWI COAST MAUKA LANDS

The Ka Iwi Coast Mauka Lands, encompassing two parcels filled with natural land, endemic plant habitats, and open spaces, represent a collaborative effort for cultural and historical preservation by Trust for Public LandLivable Hawaiʻi Kai Hui, and the City and County of Honolulu Clean Water and Natural Lands Program. In 2017, the city acquired a conservation easement to protect the 181.6 acres and complete the conservation of the 7-mile Ka Iwi coastline that stretches from Kawaihia (Portlock) to Makapuʻu.

WAILUPE NATURE PRESERVE

On Sept. 29, 2019, the Department of Land Management closed on a 9.5 acre land purchase in ʻĀina Haina to expand the Wailupe Nature Preserve. The purchase price for the property was $4.1 million. The city’s Clean Water and Natural Lands Program provided $4.05 million in funding for the property purchase. In addition, the ‘Āina Haina community donated $50,000 in private funds through the Trust for Public Land

The ʻĀina Haina Community Association, Wailupe ʻOhana Council, and the Trust for Public Land strongly supported the purchase.

In addition to protecting important cultural landmarks and maintaining access to the preserve, this property also protects critical habitat for the O‘ahu ‘Elepaio forest bird and helps restore native forest habitat. It also provides areas for gathering traditional plants, worship, bird-watching, and hunting. 

Wailupe is in the Waikīkī ahupua‘a in the Kona moku of O‘ahu, between Honolulu and Waimānalo, and may be translated as “the water of Lupe,” a meaning derived from an ancient mo‘olelo (story) about the travels of the gods Kāne and Kanaloa along the Wai‘alae coast to Wailupe. It was here that Kāne struck the coral shelf and gathered fresh water to mix with ‘awa brought from a sacred grove in nearby Kuli‘ou‘ou, and two mo‘o (lizards) called Lupe guarded the grove from the overlooking Ko‘olau ridge. Wailupe may also be translated as “kite water” as it may have been a place to fly kites in ancient Hawai‘i. This newly protected property allows people to connect with Wailupe Valley’s rich history and resources as never before.

PU'UKUA, WAIMEA VALLEY

Photo Credit: Sean Davey

The City and County of Honolulu Clean Water and Natural Lands Program, Trust for Public Land, the state of Hawaiʻi DLNR Legacy Land Conservation Program, Hiʻipaka LLC, North Shore Community Land Trust, and Hewahewa ʻohana joined together to ensure that the last privately-owned piece of land within Waimea Valley was acquired and protected with a conservation easement to protect and safeguard the cultural sites located there. The property was officially acquired on April 25, 2019.

The 3.75 acre property is known as Puʻukua in honor of the original kuleana owner who farmed and lived there in 1852. The property is also closely associated with Kahuna Nui Hewahewa, Hawaiʻi’s last high priest.

KĀNEWAI SPRING

Photo Credit: Shana Wailana Logan

Kānewai Spring is one of Honolulu’s last natural springs, providing fresh water to both Kānewai Fishpond and Paikō Lagoon Wildlife Sanctuary. Here the fresh water mixes with the salt water from the ocean, providing a habitat for rare marine life. The name “Kānewai” translates to “the sacred life-giving water” of the Hawaiian god Kāne. Historically, this spring served as an important food source for the local population. In the early 1900s, the lands surrounding the fishpond and spring were passively ranched. In 1948, a residence was built next to the spring and the nearby Wailupe Fishpond was filled and developed for housing.

Over time, this was transformed into a residential area and Kānewai Spring sat uncared for until 2010, when the nonprofit Maunalua Fishpond Heritage Center sought to mālama and protect the spring. The potential sale of the property posed a threat to the spring’s preservation. In response, Trust for Public Land, Maunalua Fishpond Heritage Center, and Livable Hawaiʻi Kai Hui applied for $1 million from the city’s Clean Water and Natural Lands Program to fund the acquisition of a conservation easement. Additionally, the Department of Land and Natural Resources Legacy Land Conservation Program contributed a $1.3 million grant, and other funding sources added $226,000. The combined funding made possible the $2,526,000 acquisition.

SUNSET RANCH

Sunset Ranch
Photo credit: Sunset Ranch Hawaiʻi

Sunset Ranch, a 27.44 acre property on Oʻahu’s North Shore, was protected with a conservation easement on July 21, 2012, to ensure its perpetual use for agricultural purposes. The easement is between Pietsch Properties, the landowner, and North Shore Community Land Trust, state Department of Agriculture, and the City and County of Honolulu, who serve as holders of the easement. Since its acquisition in 2012, Sunset Ranch has focused on forest restoration, animal husbandry, and native flora cultivation.

WAHIAWĀ LANDS

Wahiawa lands

The Wahiawā Lands 511-acre property is used for traditional Hawaiian agriculture and contains the Kūkaniloko Birthstones, one of the most sacred sites in Hawaiʻi. On Dec. 10, 2012, the Trust for Public Land (TPL) and the City and County of Honolulu protected the property with a conservation easement for the purpose of agricultural preservation. TPL then transferred its interest in the property and the conservation easement to the Office of Hawaiian Affairs (OHA), making OHA the fee owner and property steward. The conservation easement protects the Kūkaniloko Birthstones from development and provides a large buffer zone to ensure the area is consistent with Hawaiian cultural values. Since its acquisition in 2012, the property has been stewarded by OHA who protects the birthing stones and continues to use the surrounding property for agricultural and soil studies to perpetuate Hawaiian agriculture research. 

HĀWEA HEIAU COMPLEX AND KEAWĀWA WETLAND

Halawa Heiau
Photo Credit: Livable Hawaiʻi Kai Hui

The Hāwea Heiau Complex and Keawāwa Wetland is a 5-acre property in Maunalua that is protected under a conservation easement for cultural and natural preservation. Established on Feb.14, 2014, this easement is between Livable Hawaiʻi Kai Hui, the landowner, and the City and County of Honolulu as the easement holder. The property, encompassing about half of the Keawāwa Wetland holds significant cultural and natural resource value, and provides a habitat for endangered and native species of flora and fauna. It includes two registered archeological sites protected from development. Maunalua residents, Hawaiian cultural practitioners, volunteers, and members of the public are allowed to access the property for activities such as offering oli and pule (chants and prayers), participating in restoration efforts, gathering traditional materials, and observing native species.

Proposal Process

Land conservation proposals undergo a thorough process that involves several phases. Initially, the Department of Land Management (“DLM”) processes each proposal, which is then reviewed by the CWNL Advisory Commission. Following review, the City Council must approve the proposal for funding. These proposals are complex conservation transactions and typically require two to three years to progress from initial inquiry to closing.

Submit an Inquiry

Start a land conservation proposal by submitting an inquiry. Program staff will contact you to schedule a meeting and guide you through the process of preparing your land conservation proposal for qualification and review.
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