§11-54-2 - Classification of State waters.

§11-54-2 Classification of State waters.

(a) State waters are classified as either inland waters or marine waters.

(b) Inland waters may be fresh, brackish, or saline.

(1) All inland fresh waters are classified as follows, based on their ecological characteristics and other natural criteria:

(A) Flowing waters.

(i) Streams (perennial and intermittent);

(ii) Flowing springs and seeps; and

(iii) Ditches and flumes that discharge into any other waters of the State;

(B) Standing waters.

(i) Natural freshwater lakes; and Reservoirs (impoundments);

(C) Wetlands.

(i) Elevated wetlands (bogs, marshes, swamps, and associated ponds); and (ii) Low wetlands (marshes, swamps, and associated ponds).

(2) All inland brackish or saline waters are classified as follows, based on their ecological characteristics and other natural criteria:

(A) Standing waters.

(i) Anchialine pools; and

(ii) Saline lakes.

(B) Wetlands.

(i) Coastal wetlands (marshes, swamps, and associated ponds).

(C) Estuaries.

(i) Natural estuaries (stream-fed estuaries and spring-fed estuaries); and

(ii) Developed estuaries.

(c) Marine waters

(1) All marine waters are either embayments, open coastal, or oceanic waters;

(2) All marine waters which are embayments or open coastal waters are also classified according to the following bottom subtypes:

(A) Sand beaches;

(B) Lava rock shorelines and solution benches;

(C) Marine pools and protected coves;

(D) Artificial basins;

(E) Reef flats; and

(F) Soft bottoms.

        [Eff 11/12/82; am and comp 10/6/84; am and comp 04/14/88; am and comp 01/18/90; am and comp 10/29/92, am and comp 04/17/00; am and comp 10/2/04; comp 06/15/09; comp 10/21/12; am and comp 12/6/13; am and comp NOV 1 52014 1 (Auth: HRS §§342D-1, 342D-4, 342D-5, Ch. 342E)(Imp: HRS §§342D-4, 342D-5, Ch. 342E)

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