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

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Designating body
Maui County Council, by ordinance
Nominator
Any citizen may petition arborist committee
Annual review
List reviewed on or before March 1
Owner notice
Registered mail plus bureau of conveyances filing
Penalty
$1,000 fine or up to 1 year jail
Criteria
Historic, cultural, age, rarity or endemic value

Summary

Maui County protects historically, culturally or biologically significant trees by designating them 'exceptional trees' under Code section 12.24A.055. The County Council makes the designation after an arborist-committee review, and anyone who mutilates or cuts down a designated tree faces a $1,000 fine or up to a year in jail.

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

The council desires to improve the quality of life of its citizens by enacting protective regulations to safeguard exceptional trees within the County. ... Any citizen or citizen group may petition the arborist committee to examine a particular tree, stand of trees, or grove of trees for the purpose of having it recommended to the council for designation as exceptional under this section. ... Upon designation by the council of an exceptional tree, the committee shall notify the property owner or the occupant of the property by registered mail that such designation has been made. Notice shall also be filed with the bureau of conveyances, stating the exceptional tree has been so designated. ... C.Whoever shall willfully, maliciously or negligently mutilate, cut down, dig up, burn or otherwise injure any exceptional tree shall be deemed guilty of a misdemeanor and, upon conviction, shall be punishable by a fine of $1,000 or imprisonment not to exceed one year, or both.

Full Breakdown

24A of the Maui County Code lets the County Council designate individual trees, or a stand or grove of trees, as 'exceptional trees' worthy of protection. 055 opens with the Council's declaration that trees are valuable for beauty, soil-erosion control, air purification and flood retardation, and resolves to protect unique specimens wherever they stand in the County. 030, to examine a tree for possible designation. The committee can recommend designation for any tree, stand, or grove that has historic or cultural value, or that by reason of age, rarity, location, size, aesthetic quality, or endemic status is worthy of preservation; its recommendation form must identify the tree by scientific and common name, include a photograph, give the tax map key and a location map, show proof of ownership, and describe the tree's dimensions.

On or before March 1 each year the committee reviews the existing list and can recommend a tree be dropped if it has become dangerous, diseased beyond repair, or no longer meets the criteria. Once the Council designates a tree, the committee must notify the property owner or occupant by registered mail and file notice with the bureau of conveyances. The current list, codified in subsection E, runs from the 1873 Indian Banyan at Lahaina Court House Square to the roughly 600-year-old ohia at Waikamoi Preserve and stands of monkey pod along Honoapiilani Highway and Baldwin Avenue.

Violations & Fines

Deliberately or negligently mutilating, cutting down, digging up, burning, or otherwise injuring a designated exceptional tree is a misdemeanor under section 12.24A.100(C), punishable on conviction by a $1,000 fine, imprisonment of up to one year, or both. Property owners who receive a designation notice remain bound by the listing even though the tree may sit on their private land.

Frequently Asked Questions

How does a tree become a protected 'exceptional tree' in Maui County?
Any citizen may petition the Maui County arborist committee to review a tree for historic, cultural, age, rarity, size, or endemic significance under section 12.24A.055; if the committee recommends it, the County Council makes the final designation by ordinance.
What happens if I own the land where a designated tree stands?
The committee notifies you by registered mail once the Council designates the tree, and files notice with the bureau of conveyances, so the protection stays attached to the parcel even after a sale.
What's the penalty for cutting down a protected exceptional tree?
Section 12.24A.100(C) makes it a misdemeanor to willfully, maliciously, or negligently mutilate, cut down, dig up, burn, or otherwise injure an exceptional tree, punishable by a $1,000 fine, up to a year in jail, or both.
Can a tree lose its exceptional designation?
Yes. Every year on or before March 1 the arborist committee reviews the list and can recommend the Council remove a tree that has become dangerous, diseased beyond repair, or no longer meets the designation criteria.

Sources & Official References

Other rules in Maui County

All Maui County rules

Compare Maui County to another location·View the Hawaii tree protection overview

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