purpose of this Act is to provide for better environmental control in order to
improve the quality of life in the State. The state and county governments have
a duty to enhance, whenever and wherever possible, the natural environment of
The legislature finds that rapid physical and economic development
has led to the destruction of many of the State's exceptional trees, as well as
to the near-extinction of several such trees. Further, the legislature finds that,
beyond their aesthetic worth and cultural significance, trees perform an important
role in maintaining ecological balance, in increasing soil conservation and natural
oxygen production, as windbreaks for necessary plant species, and in retarding
flooding, erosion, siltation, lateral distribution of air pollutants, and noise.
land development, which strips the land of its essential vegetation and trees,
upsets a vital ecological balance, endangers new occupants of the land, and decreases
natural beauty. Thus, encouragement of enlightened trees, and appropriate land
development controls to prevent removal and destruction of exceptional trees are
urgently needed. The purpose of this Act is to require the counties, who possess
primary control over land development, to enact protective regulations to safeguard
COUNTY ARBORIST ADVISORY COMMITTEES
of the State shall establish a county arborist advisory committee, which shall
be appointed by the mayor and shall include the county planning director, or his
designee; one member who shall be actively employed in the practice of landscape
architecture, and 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 ethnobotany, or Hawaiiana.
For the purposes of this chapter, the county committees shall
have the following powers and duties in addition to those delegated by the respective
(1) To research, prepare, and recommend to
the county council exceptional trees to be protected by county ordinance or regulation.
To advise property owners relative to the preservation and enhancement of exceptional
(3) To recommend to the county council appropriate protective ordinances,
regulations, and procedures.
(4) To review all actions deemed by the county
council to endanger exceptional trees.
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, aesthetic quality or endemic status has been designated by the
county committee as worthy of preservation. Exceptional trees may be designated
generally by biotaxy or individually by location or class.
Each county shall enact appropriate protective regulations
which designate exceptional trees, whether by removal or the existence of conditions
which lead to the destruction of such trees; provide for site plan review and
amendment to protect exceptional trees; and provide for injunctive relief against
the removal or destruction of exceptional trees.
Department of Land and Natural Resources, the University of Hawai'i, and the Hawai'i
Foundation for History and the Humanities shall cooperate with and to the fullest
extent possible assist the counties and their respective committees in carrying
out this chapter.
(Excerpts from Act 105 approved May 17, 1975)
County Arborist Advisory Committee
Dorothy Hargreaves, Chairman
Eriing E. Hedemann Jr.
Robert B. Jones
Han Sam Yee
County Arborist Advisory Committee
Ralph Daehler, Chairman
John G. Allerton