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Kauai County, HI Tree Protection: Heritage & Protected Trees (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

These county ordinances apply to unincorporated areas of Kauai County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

§ 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?
The five-member County Arborist Advisory Committee recommends candidate trees for historical, cultural, aesthetic, rarity or endemic value, tries to get the owner's written agreement, and the County Council then adopts or amends the official list by ordinance under Section 22-5.4.
Can a property owner object to their tree being designated?
Yes. After the County Clerk sends registered-letter notice of a designation, the owner has 30 days under Section 22-5.3(e) to appeal to the County Council, which must affirm, modify or disaffirm the designation within 60 days of the appeal.
Who sits on the committee that recommends exceptional trees?
Section 22-5.3(b) seats the head of the Kaua'i Division of Forestry, an official of the National Tropical Botanical Garden, the County Planning Director, and two Mayor-appointed public members nominated by groups like the Mokihana Club and the Governor's Environmental Council.

Sources & Official References

Other rules in Kauai County

All Kauai County rules

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