Hawaii Statewide Rule
Hawaii Exceptional Tree Removal Restrictions
Key Facts
- Statute
- HRS Chapter 58
- Tax Deduction
- Up to $3,000/3yr
- Approval Body
- County arborist committee
- Scope
- All four counties
Summary
Hawaii's Exceptional Tree Act protects designated exceptional trees statewide. Removing, destroying, or damaging an exceptional tree without county arborist approval is prohibited, regardless of which county the tree is located in.
[§708-804] Control of albizia trees on private property. (a) An owner of real property or the owner's agent shall be authorized to enter vacant real property that is privately owned and directly adjacent to the entering owner's property to control one or more albizia trees located on the adjacent property; provided that the entering owner: (1) Has consulted with a tree risk assessment qualification certified arborist to confirm that the albizia trees on the adjacent property: (A) Create a condition that could become hazardous to the entering owner's property or persons thereupon if left untreated; and (B) May be felled and removed or otherwise treated according to current established methods that minimize risk to human health and safety, and without damaging any structure, utility pole, or utility line; (2) Has unsuccessfully made two or more reasonable attempts within the previous thirty days to contact the owner of record of the adjacent property via telephone or registered mail; and (3) Has given written notice to the adjacent property owner prior to accessing the adjacent property, to prevent the property from mistakenly being determined vacant where the land is not in production because it is, for example, resting pasture land at the intended time of entry.
Full Breakdown
HRS Chapter 58 establishes statewide protection for trees designated as exceptional by county arborist advisory committees based on age, rarity, location, size, aesthetic quality, endemic status, or historic value. Once designated, no person may destroy or damage the tree without prior written approval from the county arborist committee. The law applies uniformly across Honolulu, Hawaii, Maui, and Kauai counties. Property owners may receive a state tax deduction up to $3,000 every three years for maintenance costs. Counties enforce designations but cannot waive the underlying state protection.
Violations & Penalties
Violations may result in misdemeanor charges, civil penalties, restitution for tree value, and required replacement plantings under county enforcement provisions.
Frequently Asked Questions
Can I remove an exceptional tree on my own property?
How is a tree designated as exceptional?
Sources
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