Kauai County, HI Tree Protection: Heritage & Protected Trees (2026)
Key Facts
- Designation criteria
- age, rarity, size, aesthetic or endemic value
- Advisory body
- 5-member County Arborist Advisory Committee
- Owner appeal window
- 30 days to County Council
- Council appeal decision deadline
- 60 days
- Current designated trees
- 24 (as of Ord. 1165, 2024)
- Filed maps kept at
- Planning Dept and Public Works Building Division
Summary
Kaua'i County Code Article 5 lets the County Council designate individual trees as "exceptional" for their historical, cultural, aesthetic or endemic value, protecting them on official maps kept by the Planning Department and Public Works. A five-member County Arborist Advisory Committee recommends candidates, and owners get 30 days to appeal a designation to the Council.
§ 22-5.2. Definitions. ... "exceptional trees" means a tree or group of trees with historical or cultural value, or which by reason of its age, rarity, location, size, aesthetic quality or endemic status has been designated by the County Council to be preserved and so earmarked on maps of Kaua'i to be kept on file in the County Planning Department and the Department of Public Works, Building Division. ... ... § 22-5.3. County Arborist Advisory Committee. (a) A County Arborist Advisory Committee is created to advise the Council in determining which trees are to be designated "exceptional trees" by reason of historical or cultural value, aesthetic quality, endemic status, age, rarity, location, or size and are to be reserved for posterity. ... ... § 22-5.4. Designation of Exceptional Trees. The following trees are designated as "exceptional trees" for the County of Kaua'i.
Full Breakdown
The County Council enacted Kaua'i County Code Article 5 (Sections 22-5.1 to 22-5.9) to protect trees with historical or cultural value or that stand out for age, rarity, location, size, aesthetic quality or endemic status, calling the effort a "necessary and constructive approach" to the General Plan's goal of keeping Kaua'i the "Garden Isle" rather than adopting a blanket tree ordinance for every tree on the island. Section 22-5.3 creates a five-member County Arborist Advisory Committee to recommend which trees deserve the "exceptional tree" label: the head of the Kaua'i Division of Forestry (State Land and Natural Resources), an official of the National Tropical Botanical Garden in Lawai, the County Planning Director, and two public members the Mayor appoints from nominees put forward by groups such as the Mokihana Club, the Governor's Environmental Council and the State Forestry Department of Kaua'i.
The Committee compiles a list and location for Council review, tries to get the property owner's written agreement, and the Council then adopts or amends the official list by ordinance; the current roll, last amended by Ordinance No. 1165 in October 2024, names 24 specific trees such as the Baobab behind Koloa Missionary Church and the Norfolk Island Pine along the Kipu Ranch driveway, each identified by tax map key. Once designated, the County Clerk notifies owners and occupants by registered letter, and an owner who disagrees may appeal to the Council within 30 days; the Council must decide the appeal within 60 days.
The Council can also strip a tree of its "exceptional" status if the designation amounts to a total denial of the owner's reasonable economic use of the property.
Violations & Fines
Damaging, removing or destroying a tree the Council has designated "exceptional," without first getting Council approval, violates Section 22-5.7 and carries a fine of up to $1,000, imprisonment up to 90 days, or both, per offense. The County Planning Department and Public Works Building Division enforce the Article under Section 22-5.6's police power, and Section 22-5.8 lets the County pursue a Circuit Court injunction against any threatened violation of a tree's protected status.
Frequently Asked Questions
How does a tree become a designated "exceptional tree" on Kaua'i?
Can a property owner object to their tree being designated?
Who sits on the committee that recommends exceptional trees?
Sources & Official References
Other rules in Kauai County
Compare Kauai County to another location·View the Hawaii tree protection overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.