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What to do if you uncover iwi kūpuna or artifacts while digging

Hawaiʻi law on inadvertent discovery of human remains during excavation: stop work, who to call, what happens next, and the penalties for not stopping.

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.

Plan ahead: on sensitive sites, especially near the coast, in sand dunes or in historic districts like Lahaina, ask whether you need an archaeological assessment or an on-site monitor before you dig. Some rebuild projects in Lahaina have been required to do archaeological inventory surveys. See the rebuild guide.

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.

Updated November 13, 2026 · General information, not legal or engineering advice. Confirm requirements with Maui County and the State of Hawaiʻi.