Hawaii Tree Protection Law is a comprehensive set of regulations and ordinances established to safeguard the invaluable natural resources provided by trees in the Hawaiian islands. These laws are enacted to prevent deforestation, preserve the overall ecosystem, maintain biodiversity, and ensure sustainable development practices. The primary objective of Hawaii Tree Protection Law is to ensure the conservation and maintenance of the diverse range of native and non-native tree species found throughout the state. These laws also aim to manage the urban tree canopy, control invasive species, mitigate climate change impact, and protect habitats for various animal species. There are different types of Hawaii Tree Protection Laws that pertain to various aspects of tree preservation: 1. Urban Tree Protection: This law focuses on the preservation and protection of trees in urban areas. It often includes regulations for tree removal, pruning, and requires permits for any significant tree-related activities in public or private properties within urban zones. 2. Native Tree Protection: These laws specifically target the conservation of Hawaii's unique native tree species, some of which are endangered or threatened. Protection measures may include limitations on harvesting, restrictions on destructive practices, and legal provisions for their conservation and restoration. 3. Coastal Tree Protection: Aimed at safeguarding trees in coastal zones, these laws aim to protect trees that contribute to erosion control, stabilize sand dunes, provide habitat for coastal animals, and enhance the natural beauty of the shoreline. They may include restrictions on removal, pruning, or damage to such trees. 4. Forest Conservation: Hawaii boasts diverse forest ecosystems, and forest protection laws are designed to preserve these invaluable resources. They typically address logging practices, timber extraction permits, reforestation, invasive species control, and measures to combat forest diseases or pests. 5. Land Development Tree Protection: These laws are intended to preserve trees during the development or construction process. They often require developers to consider tree retention plans, conduct environmental assessments, and mitigate any negative impacts on nearby trees, ensuring sustainable landscape integration. It is crucial for individuals, property owners, developers, and businesses to be familiar with the specific Hawaii Tree Protection Laws relevant to their region and activities. Violations of these laws can result in fines, penalties, restoration requirements, or even legal action. Adherence to these regulations is vital for the long-term well-being of Hawaii's ecosystems, protection of cultural heritage, and maintenance of the unique beauty for which the islands are renowned.
Hawaii Tree Protection Law
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(a) A person who alleges the existence of a private nuisance due to excessive noise may bring a civil action for appropriate injunctive relief, or actual damages, or both within two years after the occurrence of the alleged violation of this part.
The County Arborist Advisory Committees are mandated the following powers and duties: Research, prepare and recommend to the city council exceptional trees to be protected by City ordinance or regulation.
To correctly represent trees, he perceived a so-called 'Rule of trees' which states that "all the branches of a tree at every stage of its height are equal in thickness to the trunk when put together."
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 desig nated by the county committee as worthy of preservation.
(b) An owner of a tree shall be civilly liable for actual damages caused by the tree, including an overhanging branch or protruding root, to property, except for plant life; provided that the owner knows or should have known that the tree constitutes a danger.
In some states, the owner of a tree retains ownership of the fruit even when it extends onto a neighbor's property. However, Hawaii courts have held that any part of a plant or a tree that is within your property line is yours, fruit included.
Lastly, the Hawaii rule holds that while ?living trees and plants are ordinarily not nuisances, [they] can become so when they cause actual harm or pose an imminent danger of actual harm to the adjoining property.
(b) An owner of a tree shall be civilly liable for actual damages caused by the tree, including an overhanging branch or protruding root, to property, except for plant life; provided that the owner knows or should have known that the tree constitutes a danger.