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THE SENATE |
S.B. NO. |
2372 |
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THIRTY-THIRD LEGISLATURE, 2026 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to trees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§58-A Definitions. As used in this chapter:
"County
arborist advisory committee" means a county-level arborist advisory
committee established pursuant to section 58‑2.
"Exceptional
tree" means a tree, stand, or grove of trees that has been designated by a
county arborist advisory committee pursuant to section 58-B.
"Significant
tree" means a tree designated by a county arborist advisory committee pursuant
to section 58-C.
"State
committee" means the state-level arborist advisory committee established
pursuant to section 58-D.
§58-B Exceptional tree selection criteria. A county arborist advisory committee shall
utilize the following base criteria to designate exceptional trees:
(1) Age.
(A) Non-specific age. A tree that has reached a notable age without
regard to a specific minimum threshold value.
(B) Species-specific age. A tree that has reached an age threshold determined
by species to account for the varying longevity of different species.
(2) Aesthetics.
(A) Outstanding example of a
species. A visually impressive tree that
stands out from others and represents the optimal form of a species.
(B) Form, structure, or morphology. A tree that displays an iconic physical
appearance, unique form features, or other impressive characteristics that set
it apart from other trees.
(C) Landmark. A tree that is
visually dominant in the landscape and contributes aesthetically to the local
area.
(D) Collection. A grove, avenue, or alley of trees that are
grouped together to provide an exceptional example of the species.
(3) Benefits.
(A) Ecological benefits. A tree that provides substantial benefits to
organisms within its ecosystem.
(B) Environmental benefits. A tree that provides substantial benefits to
the surrounding environment, including carbon sequestration, stormwater runoff reduction,
erosion reduction, shading, pollutant removal, and urban heat island reduction.
(C) Sociocultural benefits. A tree that provides substantial benefits in
the form of cultural ecosystem services, including place‑based knowledge
and education and promotion of physical or mental well-being.
(D) Economic benefits. A tree that provides substantial economic
benefits to a geographic region, such as through ecotourism.
(4) Botanical and biological value.
(A) Unique or exceptional value. A tree that has unique or exceptional
botanical, horticultural, aboricultural, or biological value or is a valuable
source for future propagation efforts due to its genetic components.
(B) Endangered. A tree that is valued based on its endangered
status worldwide.
(C) Rarity. A tree that is rare due to its infrequent occurrence worldwide.
(D) Endemic status. A tree that is of a species endemic to the
State; provided that a tree nominated because of endemic status shall also
represent at least one other exceptional tree criterion to be considered for
exceptional tree designation.
(E) Relic specimen. A tree
that is a relic of a former ecosystem.
(5) Cultural value.
(A) Cultural value. A tree that represents a wide range of
cultural aspects and values that benefit a community or specific culture,
including an association with past and current groups, that provides a sense of
place for those in a local community, or that acts as a fundamental component
of a community's identity.
(B) Social or community value. A tree that is well-known and prominent in
the community and provides a connection for those who interact with it.
(C) Religious or spiritual value. A tree that is associated with religious or
spiritual practices.
(D) Legends and oral histories. A tree that is associated with a legend or
oral history, including through depictions in stories, songs, or dances.
(6) Historical value.
(A) Historical value. A tree that is associated with a historical
place, event, or date that made a lasting and important contribution to an
area.
(B) Historic person or memorial
planting. A tree that was planted, for,
by, or in association with a historically important person, event, group, or
institution.
(C) Represented in historical
documents. A tree that is referenced or
visually depicted in historical documents.
(D) Historical witness. A tree that witnessed, was a part of, or was
located at the site of an important historical or cultural event.
(7) Size.
(A) Species-specific size. A tree that has reached a notable size over a
specific threshold in comparison to other trees of its species.
(B) Champion size. A tree that represents the largest physical
metrics for a species in a county arborist advisory committee's geographic
region based on measurements of height, circumference, or canopy spread. A single tree may be the champion of multiple
categories.
(C) Non-specific size. A tree that has reached a notable size
without regard to a specific minimum threshold value.
Exceptional trees may be designated
generally by biotaxy or individually by location or class.
§58-C Significant tree designation; established. (a)
There is established a statewide recognition program for significant
trees as a tier two classification under the exceptional trees program, for
education and outreach purposes only.
Significant tree designations shall be made to promote awareness,
education, and community engagement relating to the value of the State's tree
canopy. Significant trees may later become
designated as exceptional trees.
(b) Significant trees shall be evaluated using
the selection criteria pursuant to section 58-B. Significant trees shall exhibit one or more
of the selection criteria, but to a lesser extent than the threshold required
to be designated as an exceptional tree.
(c) The designation of a significant tree shall
be made by a county arborist advisory committee. Applications for recognition may be submitted
by individuals, organizations, or government agencies. Approval or denial of a significant tree
designation shall be determined by a majority vote of a county arborist
advisory committee.
(d) Designation as a significant tree shall neither
impose additional regulatory obligations nor provide tax benefits to property
owners.
§58-D State arborist advisory committee;
established. There is
established the state arborist advisory committee within the department of land
and natural resources for administrative purposes, which shall consist of not
less than nine and not more than thirteen members. Members of the state arborist advisory committee
shall be appointed by the governor and shall include:
(1) A representative from each county arborist
advisory committee; and
(2) Not less than four and not more than
eight individuals with expertise in arboriculture, urban forestry, landscape
architecture, cultural or historical knowledge, and community engagement.
§58-E State arborist advisory committee; powers
and duties. For the purposes
of this chapter, the state arborist advisory committee shall have the following
powers and duties:
(1) To oversee the State's exceptional
tree program, including the development, coordination, and implementation of a
strategic state exceptional and significant trees master plan. The state arborist advisory committee shall
provide the master plan to each county arborist advisory committee;
(2) To act as a resource to county arborist
advisory committees to ensure consistent and standardized implementation of
exceptional and significant tree legislation;
(3) To produce a statewide exceptional
and significant tree registry that shall be updated annually to reflect the
status of exceptional and significant trees throughout the State;
(4) To advise the governor, legislature,
and state departments and agencies on exceptional and significant trees, urban
forestry, and other tree-related issues; and
(5) To work in conjunction with
community groups to develop and implement educational campaigns to increase
public awareness of the exceptional tree program. Campaigns may utilize websites, brochures,
social media platforms, and interactive tools to complement community workshops
and presentations."
SECTION 2. Chapter 58, Hawaii Revised Statutes, is amended to read as follows:
"[[]§58-1[]] Purpose.
It is the policy of the State to safeguard exceptional trees from
destruction due to improper land development, and the legislature finds that
enactment of protective regulations by the State and counties to
accomplish this is a valid and important public purpose. The legislature further finds that the
establishment of state- and county-level arborist advisory committees,
additional selection criteria, and significant tree designations are necessary
to ensure cohesion in safeguarding the State's environmental, cultural,
historical, economic, and aesthetic values.
§58-2
County arborist advisory committees; establishment. Each county of the State shall establish a
county arborist advisory committee[, whose] consisting of at least
six members. The members of each
county arborist advisory committee shall be appointed by the mayor and
shall include:
(1) The county planning director, or the director's designee;
(2) [One] At least one member
who shall be a person actively employed in the practice of landscape
architecture, a certified arborist, a horticulturist with specialization in
trees, or a person who has received a master's degree in botany; and
(3) Not less than three other members selected on the basis of active participation in programs of community beautification, or research or organization in the ecological sciences, including but not limited to botany, ethnobotany, horticulture, geography, tropical plant and soil science, or Hawaiiana.
§58-3 County arborist advisory committees; powers and duties. For the purposes of this chapter, the county arborist advisory committees shall have the following powers and duties in addition to those delegated by the respective county councils:
(1) To research, prepare, and recommend to
the county council exceptional trees to be protected by county ordinance or
regulation[.];
(2) To advise property owners relative to
the preservation and enhancement of exceptional trees[.];
(3) To recommend to the county council
appropriate protective ordinances, regulations, and procedures[.] relative
to all trees within the county;
(4) To review all actions deemed by the
county council to endanger exceptional trees[.]; and
(5) To identify and promote significant
trees located within the county.
[For
the purposes of this section, "exceptional trees" means a tree or
stand or grove of trees with historic or cultural value, or which by reason of
its age, rarity, location, size, esthetic quality, or endemic status has been
designated by the county committee as worthy of preservation. The term "exceptional trees" does
not apply to trees planted for commercial forestry operations in each county
within the State. Exceptional trees may
be designated generally by biotaxy or individually by location or class.]
[[]§58-4[]]
County protective regulations. Each county shall enact appropriate
protective regulations [which designate] that:
(1) Designate
exceptional trees[; provide] pursuant to section 58-B;
(2) Provide
for special county review prior to destruction of exceptional trees, whether by
removal or the existence of conditions which lead to the destruction of such
trees; [provide]
(3) Provide
for site plan review and amendment to protect exceptional trees; and [provide]
(4) Provide for injunctive relief against the removal or destruction of exceptional trees.
§58-5 State assistance. The department of land and natural resources
and the [University] university of Hawaii shall cooperate with
and to the fullest extent possible assist the State and counties and
their respective arborist advisory committees in carrying out the
purposes of this chapter."
SECTION 3. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
DLNR; UH; Exceptional Trees Program; Significant Trees; State Arborist Advisory Committee; County Arborist Advisory Committees
Description:
Establishes base selection criteria for exceptional trees. Establishes the significant tree designation, selection criteria, and related processes. Establishes the State Arborist Advisory Committee within the Department of Land and Natural Resources for administrative purposes. Requires County Arborist Advisory Committees to have at least six members, adopt new exceptional tree selection criteria, and designate significant trees. Directs the Department of Land and Natural Resources and the University of Hawaii to cooperate with State and County Arborist Advisory Committees to carry out the Exceptional Trees Program.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.