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Hawaii County, HI Tree Protection: Protected Tree Species (2026)

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

Key Facts

Governing law
HCC Article 10, Sections 14-56, 14-57, 14-65
Committee
6-member mayor-appointed arborist advisory committee
Designation basis
Historic, cultural, rarity, age, size or endemic status
Excluded
Commercial forestry trees never qualify
Example listed tree
Chinese Weeping Banyan, Kalakaua Avenue, Hilo
Penalty for destroying one
Up to $1,000 per tree, Section 14-63

Summary

Hawai'i County does not protect tree species generally; it protects individually named "exceptional trees" that the County council has designated one by one under Code Article 10. Section 14-56 was enacted to safeguard these trees from destruction due to land development, and Section 14-57 limits the label to a tree or grove with historic, cultural, aesthetic, rarity, size or endemic significance.

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

In accordance with section 58-2, Hawai'i Revised Statutes, to safeguard exceptional trees from destruction due to land development, the County desires to enact protective regulations to preserve exceptional trees within the County. ... "exceptional trees" means a tree or grove of trees with historic or cultural value, or which by reason of its age, rarity, location, size, aesthetic quality, or endemic status has been designated by the council as worthy of preservation. The term exceptional trees does not apply to trees planted for commercial forestry operations. Exceptional trees may be designated generally by biotaxy or individually by location or class.

Full Breakdown

"Exceptional tree" is defined in Section 14-57 as a tree or grove of trees with historic or cultural value, or which by reason of age, rarity, location, size, aesthetic quality or endemic status the council has designated as worthy of preservation; trees planted for commercial forestry operations can never qualify, and designation can cover an entire biotaxy (species) generally or a single tree by location or class. A six-member arborist advisory committee appointed by the mayor administers the program: the planning director or a designee, one licensed landscape architect, and four members chosen for work in community beautification, ecological research (including ethnobotany) or Hawaiiana (Section 14-58).

Its powers under Section 14-59 include researching and recommending trees for protection, advising owners on preservation, recommending enforcement regulations, and reviewing any council action that could endanger a listed tree. Section 14-65 carries the actual roll of "Exceptional Trees of the County of Hawai'i" enacted by ordinance, tree by tree and address by address; it lists specimens such as the Bo (Peepul) tree, Ficus religiosa, at the old Riverside School site, a Brazilian fern tree (Schizolobium parahyba) in Moeauoa, North Kona, the Chinese Weeping Banyan on Kalakaua Avenue in Hilo, coconut trees at the Waiolama Canal, and a Divi-Divi (Caesalpinia coriaria) and False Kamani (Terminalia catappa) in downtown Hilo, each tied to a specific tax map key and owner of record.

Violations & Fines

Because Article 10 exists to keep these named specimens off the chopping block, treating a listed tree as ordinary vegetation exposes the responsible party to the same $1,000-per-tree-or-incident fine set in Section 14-63, regardless of whether the person doing the cutting knew the species was rare; the statute does not turn on species generally, only on the individual tree's listing.

Frequently Asked Questions

How does Hawaii County decide which trees are protected?
Any interested person can petition the six-member arborist advisory committee under Section 14-60 to study a tree for exceptional status. After notifying the owner and holding a public hearing, the committee forwards a proposed list to the council, which can affirm, modify or reject it before adopting the final list of protected trees by ordinance.
What makes a tree "exceptional" under the County Code?
Section 14-57 defines it as a tree or grove with historic or cultural value, or one that stands out for its age, rarity, location, size, aesthetic quality or endemic status, as designated by the council. Trees grown for commercial forestry can never qualify, and the designation can cover an entire species or one specific tree.
Can you give an example of a tree Hawaii County has actually protected?
Yes. Section 14-65's official roll includes the Bo (Peepul) tree at the old Riverside School, a Brazilian fern tree in Moeauoa, North Kona, the Chinese Weeping Banyan on Kalakaua Avenue in Hilo, and coconut trees at the Waiolama Canal, each tied to a specific tax map key and recorded owner.

Sources & Official References

Other rules in Hawaii County

All Hawaii County rules

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