SB 2372: DLNR; UH; Exceptional Trees Program; Significant Trees; State Arborist Advisory Committee; County Arborist Advisory Committees
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2026-04-07
Current Status:
Failed
(2026-04-27: Received notice of Senate conferees (Sen. Com. No. 762).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
What does this bill do?
The bill creates a State Arborist Advisory Committee and requires each county to have a county arborist advisory committee of at least five members, and it sets new selection criteria and procedures for designating "exceptional trees" and a new, statewide "significant tree" recognition. The "significant tree" label is a tier-two, educational recognition that does not add regulations or tax benefits for property owners. The state committee must keep a statewide tree registry, produce a master plan, advise government agencies, and the Department of Land and Natural Resources and the University of Hawaii must assist the committees.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Establishes base selection criteria for designating 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 five 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. Effective 7/1/3000. (HD2)
Establishes base selection criteria for designating 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. Effective 7/1/3000. (HD1)
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. Effective 7/1/2050. (SD2)
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. Effective 7/1/2050. (SD1)
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.
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THE SENATE |
S.B. NO. |
2372 |
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THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 2 |
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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, or a 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 arborist advisory 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 use 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, arboricultural, 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 possess 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 in 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 be 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 no less than nine and no 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) No less than five and no 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 serve as a resource to county arborist advisory committees to ensure consistent and standardized implementation of exceptional and significant tree laws;
(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 use 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:
"CHAPTER 58
EXCEPTIONAL TREES PROGRAM
[[]§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 five
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] No 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] before destruction of exceptional trees,
whether by removal or the existence of conditions [which] that
lead to the destruction of [such] the 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. Section 235-19, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) For the purpose of this section, [the term]
"exceptional tree" [shall have] has the same meaning as
[defined] in section [58-3.] 58-A."
SECTION 4. In codifying the new sections added by section 1 of this Act, and as referenced in sections 2 and 3 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 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 3000.
Report Title:
DLNR; UH; Exceptional Trees Program; Significant Trees; State Arborist Advisory Committee; County Arborist Advisory Committees
Description:
Establishes base selection criteria for designating 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 five 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. Effective 7/1/3000. (HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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THE SENATE |
S.B. NO. |
2372 |
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THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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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 use 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 possess 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 in 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 no less than nine and no 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) No less than five and no 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 serve 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 use 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:
"CHAPTER 58
EXCEPTIONAL TREES PROGRAM
[[]§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] before destruction of exceptional trees,
whether by removal or the existence of conditions [which] that
lead to the destruction of [such] the 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. Section 235-19, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) For the purpose of this section, the term
"exceptional tree" [shall have] has the same meaning as
[defined] in section [58-3.] 58-A."
SECTION 4. In codifying the new sections added by section 1 of this Act, and as referenced in sections 2 and 3 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 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 3000.
Report Title:
DLNR; UH; Exceptional Trees Program; Significant Trees; State Arborist Advisory Committee; County Arborist Advisory Committees
Description:
Establishes base selection criteria for designating 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. Effective 7/1/3000. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
2372 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 2 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
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 five 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] before destruction of exceptional trees,
whether by removal or the existence of conditions [which] that lead
to the destruction of [such] the 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. Section 235-19, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) For the purpose of this section, the term
"exceptional tree" [shall have] has the same meaning as
defined in section [58-3.] 58-A."
SECTION 4. In codifying the new sections added by section 1 of this Act, and as referenced in sections 2 and 3 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 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2050.
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. Effective 7/1/2050. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
2372 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
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 five 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] before destruction of
exceptional trees, whether by removal or the existence of conditions [which]
that 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. Section 235-19, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d)
For the purpose of this section, the term "exceptional tree"
shall have the same meaning as defined in section [58-3.] 58-A."
SECTION 4. In codifying the new sections added by section 1 of this Act, and as referenced in sections 2 and 3 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 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2050.
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. Effective 7/1/2050. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
2372 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
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.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
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.
|
Date
|
Status
|
|---|---|
| Apr 27, 2026 | Received notice of Senate conferees (Sen. Com. No. 762). |
| Apr 24, 2026 | Senate Conferees Appointed: Gabbard Chair; Lee, C., Rhoads Co-Chairs; Richards. |
| Apr 16, 2026 | Received notice of disagreement (Sen. Com. No. 710). |
| Apr 16, 2026 | Senate disagrees with House amendments. |
| Apr 16, 2026 | Received from House (Hse. Com. No. 650). |
| Apr 14, 2026 | Passed Third Reading as amended in HD 2 with Representative(s) Shimizu voting aye with reservations; Representative(s) Alcos, Garcia voting no (2) and none excused (0). Transmitted to Senate. |
| Apr 10, 2026 | Deferred one day 04-14-26. |
| Apr 8, 2026 | Forty-eight (48) hours notice Friday, 04-10-26. |
| Apr 8, 2026 | Reported from JHA (Stand. Com. Rep. No. 1832-26) as amended in HD 2, recommending passage on Third Reading. |
| Mar 25, 2026 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 5 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Kahaloa, Takayama; Ayes with reservations: none; 2 Noes: Representative(s) Garcia, Shimizu; and 3 Excused: Representative(s) Hashem, Sayama, Cochran. |
| Mar 23, 2026 | Bill scheduled to be heard by JHA on Wednesday, 03-25-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. |
| Mar 19, 2026 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with Representative(s) Pierick voting aye with reservations; Representative(s) Garcia voting no (1) and none excused (0). |
| Mar 19, 2026 | Reported from WAL (Stand. Com. Rep. No. 1238-26) as amended in HD 1, recommending passage on Second Reading and referral to JHA. |
| Mar 17, 2026 | The committee on WAL recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 7 Ayes: Representative(s) Hashem, Morikawa, Ichiyama, Iwamoto, Poepoe, Shimizu, Souza; Ayes with reservations: none; Noes: none; and 2 Excused: Representative(s) Belatti, Woodson. |
| Mar 12, 2026 | Bill scheduled to be heard by WAL on Tuesday, 03-17-26 9:00AM in House conference room 411 VIA VIDEOCONFERENCE. |
| Mar 12, 2026 | Referred to WAL, JHA, referral sheet 17 |
| Mar 12, 2026 | Pass First Reading |
| Mar 10, 2026 | Received from Senate (Sen. Com. No. 219) in amended form (SD 2). |
| Mar 10, 2026 | Report Adopted; Passed Third Reading, as amended (SD 2). Ayes, 24; Aye(s) with reservations: none. Noes, 1 (Senator(s) Awa). Excused, 0 (none). Transmitted to House. |
| Mar 6, 2026 | 48 Hrs. Notice 03-10-26. |
| Mar 6, 2026 | Reported from JDC (Stand. Com. Rep. No. 3011) with recommendation of passage on Third Reading, as amended (SD 2). |
| Feb 27, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 4 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura; Aye(s) with reservations: none ; 1 No(es): Senator(s) Awa; and 0 Excused: none. |
| Feb 23, 2026 | The committee(s) on JDC will hold a public decision making on 02-27-26 10:30AM; Conference Room 016 & Videoconference. |
| Feb 20, 2026 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC. |
| Feb 20, 2026 | Reported from AEN/WLA (Stand. Com. Rep. No. 2644) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC. |
| Feb 11, 2026 | The committee(s) on AEN recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in AEN were as follows: 5 Aye(s): Senator(s) Gabbard, Richards, DeCoite, Rhoads, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Feb 11, 2026 | The committee(s) on WLA recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in WLA were as follows: 5 Aye(s): Senator(s) Lee, C., Inouye, Chang, Lamosao, DeCorte; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Feb 6, 2026 | The committee(s) on AEN/WLA has scheduled a public hearing on 02-11-26 3:00PM; CR 224 & Videoconference. |
| Jan 26, 2026 | Referred to AEN/WLA, JDC. |
| Jan 21, 2026 | Introduced and passed First Reading. |
| Jan 16, 2026 | Pending Introduction. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Apr 14, 2026 | Third Reading | House Floor |
Passed |
|
| Mar 25, 2026 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Judiciary & Hawaiian Affairs |
Passed |
|
| Mar 17, 2026 | The committee on WAL recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Water & Land |
Passed |
|
| Mar 10, 2026 | Third Reading | Senate Floor |
Passed |
|
| Feb 27, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Judiciary |
Passed |
|
| Feb 11, 2026 | The committee(s) on AEN recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Agriculture and Environment |
Passed |
|
| Feb 11, 2026 | The committee(s) on WLA recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Water, Land, Culture and the Arts |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Climate Protectors Hawaii | *** Support | Mar 17, 2026 |
| Department of Land and Natural Resources | *** Support | Mar 25, 2026 |
| Hawaii Reef and Ocean Coalition | *** Support | Mar 17, 2026 |
| Kona Community Development Plan Action Committee | *** Support | Mar 25, 2026 |
| The Outdoor Circle | *** Support | Mar 25, 2026 |
| Trees for Honolulu's Future | ** Support | |
| Trees for Honolulu’s Future | *** Support | Feb 11, 2026 |
STAND. COM. REP. NO. 3011
Honolulu, Hawaii
RE: S.B. No. 2372
S.D. 2
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred S.B. No. 2372, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO TREES,"
begs leave to report as follows:
The purpose and intent of this measure is to:
(1) Establish base selection criteria for exceptional trees;
(2) Establish the significant tree designation, selection criteria, and related processes;
(3) Establish the State Arborist Advisory Committee within the Department of Land and Natural Resources for administrative purposes;
(4) Require County Arborist Advisory Committees to have at least six members, adopt new exceptional tree selection criteria, and designate significant trees; and
(5) Direct the Department of Land and Natural Resources and the University of Hawaiʻi to cooperate with State and County Arborist Advisory Committees to carry out the Exceptional Trees Program.
Your Committee received testimony in support of this measure from the Department of Land and Natural Resources and The Outdoor Circle.
Your Committee received comments on this measure from the Department of Taxation.
Your Committee finds that across the State, mature urban trees are steadily declining due to development pressures, aging infrastructure, and inconsistent protections. This is detrimental to the environment, public health, and community resilience because the preservation of large canopy trees is a highly cost-effective natural infrastructure strategy. Mature trees intercept rainfall, stabilize soils, reduce runoff, and moderate temperatures, directly supporting the health of watersheds and communities. Your Committee further finds that, in addition to their water and land management benefits, exceptional trees serve as living landmarks that connect residents to history and place. This measure modernizes the State's Exceptional Tree Program to better protect its most distinguished trees for future generations.
Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2372, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2372, S.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
|
|
|
________________________________ KARL RHOADS, Chair |
STAND. COM. REP. NO. 2644
Honolulu, Hawaii
RE: S.B. No. 2372
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Sir:
Your Committees on Agriculture and Environment and Water, Land, Culture and the Arts, to which was referred S.B. No. 2372 entitled:
"A BILL FOR AN ACT RELATING TO TREES,"
beg leave to report as follows:
The purpose and intent of this measure is to:
(1) Establish base selection criteria for exceptional trees;
(2) Establish the significant tree designation, selection criteria, and related processes;
(3) Establish the State Arborist Advisory Committee within the Department of Land and Natural Resources for administrative purposes;
(4) Require County Arborist Advisory Committees to have at least six members, adopt new exceptional tree selection criteria, and designate significant trees; and
(5) Direct 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.
Your Committees received testimony in support of this measure from the Department of Land and Natural Resources, The Outdoor Circle, Climate Protectors Hawaiʻi, Trees for Honolulu's Future, and seven individuals.
Your Committees received comments on this measure from the Department of Taxation.
Your Committees find that, from a water and land management perspective, preserving large canopy trees and other significant and exceptional trees is a highly cost-effective natural infrastructure strategy. Mature trees intercept rainfall, stabilize soils, reduce runoff, and moderate temperatures. From a cultural and community standpoint, exceptional trees serve as living landmarks that connect residents to history and place. Your Committees further find that it is critical to support and foster community tree stewardship, arborist training, county partnerships, and canopy protection efforts statewide. Accordingly, this measure will ensure protections for exceptional and significant trees, which will prevent long-term damage such as cultural historical loss, soil erosion, flooding, and infrastructure damage.
Your Committees have amended this measure by:
(2) Inserting an effective date of July 1, 2050, to encourage further discussion; and
(3) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the records of votes of the members of your Committees on Agriculture and Environment and Water, Land, Culture and the Arts that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2372, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2372, S.D. 1, and be referred to your Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committees on Agriculture and Environment and Water, Land, Culture and the Arts,
|
________________________________ CHRIS LEE, Chair |
|
________________________________ MIKE GABBARD, Chair |
|
|
|
|
|
Date
|
Testimony PDF
|
|---|---|
| Mar 25, 2026 | SB2372_HD1_TESTIMONY_JHA_03-25-26_.PDF |
| Mar 17, 2026 | SB2372_SD2_TESTIMONY_WAL_03-17-26_.PDF |
| Feb 27, 2026 | SB2372_SD1_TESTIMONY_JDC_02-27-26_.PDF |
| Feb 11, 2026 | SB2372_TESTIMONY_AEN-WLA_02-11-26_.PDF |
Discussed in Hearing
2MIN
House Standing Committee on Judiciary & Hawaiian Affairs
1MIN
House Standing Committee on Judiciary & Hawaiian Affairs
4MIN
House Standing Committee on Water & Land
1MIN
House Standing Committee on Water & Land
1MIN
Senate Standing Committee on Judiciary
3MIN
Senate Standing Committee on Agriculture and Environment
3MIN
Senate Standing Committee on Water, Land, Culture and the Arts
55SEC
Senate Standing Committee on Agriculture and Environment
Bill Author
