Maui has been home to Native Hawaiians for centuries, and burials (iwi kūpuna) and cultural sites can turn up anywhere, from Lahaina to Kula to coastal Kīhei. If you uncover what may be human remains during excavation, state law tells you exactly what to do, and doing it right matters deeply.
Step 1: stop work
Under Hawaiʻi Revised Statutes §6E-43.6, when human skeletal remains are inadvertently discovered, any activity in the immediate area that could damage the remains or the potential historic site must stop. Leave the remains in place. Do not pick them up, bag them, photograph them for social media or keep digging "just to see."
Step 2: report it
The State Historic Preservation Division (SHPD) advises calling SHPD, part of the Department of Land and Natural Resources, and the county police department. State rules also call for reporting to the county medical examiner or coroner. SHPD has jurisdiction over inadvertently discovered remains and burial goods over 50 years old, regardless of ethnicity.
What happens next
- SHPD documents the burial context, including oral tradition, and decides on appropriate treatment of the remains.
- SHPD notifies the Maui/Lānaʻi Islands Burial Council and the Office of Hawaiian Affairs.
- Removing the remains is prohibited until SHPD decides on relocation under the law.
- On some projects, such as those with archaeological monitoring or housing construction, work within a 20-foot radius stops while other areas may continue under the rules.
The penalties are serious
Failing to stop work and report a burial discovery is a misdemeanor under HRS §6E-73, with a fine of up to $25,000. Each day the violation continues counts as a separate offense. "I didn't know it was there" is not a defense.
Choose an experienced contractor
Experienced Maui excavators have worked alongside archaeological monitors and know the protocol. Ask about it when you interview contractors from our directory.