Do you need a permit?
It depends on the tree
Kahului is an unincorporated community in Maui County, so the county's rules govern. If your tree is on the county's list of designated exceptional trees, pruning it, removing it, or changing its surroundings to its detriment requires a permit from the Director of Parks and Recreation, with review and concurrence by the Maui County Arborist Committee — and removal is approved only rarely, generally when the tree is dead, diseased, irretrievably damaged, or a hazard. For an ordinary, undesignated tree in your own yard, we could not find a Maui County source stating a permit requirement, so confirm with Parks and Recreation before you cut.
What's protected in Kahului
- Trees designated as exceptional trees of the County of Maui and adopted onto the county list by County Council ordinance (Maui County Code Chapter 12.24A)
- Street trees in county rights-of-way, which are overseen by the Director of Parks and Recreation
How to apply in Kahului
- 1
Confirm with the Department of Parks and Recreation whether your tree is on the county's exceptional tree list. Designations are recorded with the Bureau of Conveyances, so they also show up against the property.
- 2
If it is designated, consult the Director of Parks and Recreation before any work.
- 3
Give the Director the location of the tree, the action to be taken, and the reason for that action.
- 4
The Director asks the Maui County Arborist Committee to make an on-site evaluation and recommend a course of action.
- 5
Approval is granted subject to Arborist Committee concurrence, and the Committee may recommend that you plant a replacement or relocate the tree.
Fees, penalties, and the ordinance
- Ordinance
- Maui County Code Chapter 12.24A — Exceptional Trees (adopted by Ordinance 2041 (1991) and amended by Ordinance 3737 (2010), Ordinance 4259 (2015), and Ordinance 4908); Maui County Planting Plan Chapter 5, Exceptional Tree Program
Worth knowing
- Maui's own program language is explicit that approval is hard to get: "Only in very rare occasions will the owner of an Exceptional Tree(s) be granted approval to remove said tree(s) unless the tree(s) is dead, diseased, irretrievably damaged, or is a hazard to public safety or welfare."
- The Arborist Committee examines the designated trees at least once a year, and if a listed tree is found dangerous or diseased beyond repair the County Council can take it off the list.
- Planting a street tree in a county right-of-way is also controlled: an abutting landowner may do it only with the Arborist Committee's recommendation and the approval of the directors of Public Works and Waste Management and Parks and Recreation (Maui County Code § 12.24A.070).
- When exceptional trees are involved in a development or parking lot project, the Arborist Committee reviews the plans — recent Maui agendas cite Maui County Code Chapter 12.24A alongside the zoning landscaping section.
- Hawaiʻi state law (HRS § 235-19) allows an income tax deduction of up to $3,000 per exceptional tree for maintenance spending, once in every three consecutive tax years.
What we could not confirm
We would rather tell you what we don't know than guess. Call the office below to confirm these before you cut.
- — Whether a permit is required to remove an ordinary, non-designated tree on private property in Kahului. Maui County publishes no general private-property tree rule and no diameter threshold that we could find.
- — The permit fee, if any, for an exceptional tree permit.
- — Penalties for removing an exceptional tree without approval. The county's published material describes the permit process but not the fine.
- — Whether any specific tree in Kahului is on the county list. The list is amended by ordinance every so often; ask Parks and Recreation about your address.
Sources
- County of Maui — Maui County Arborist Committee
- County of Maui — Arborist Committee agenda quoting Maui County Planting Plan Ch. 5, Exceptional Tree Program §§ 5.101A, 5.103, 5.104 (PDF)
- County of Maui — Ordinance 4259 (Bill 73, 2015), amending Maui County Code Chapter 12.24A relating to exceptional trees (PDF)
- County of Maui — Ordinance 3737 (Bill 25, 2010), exceptional trees in the County of Maui (PDF)
- County of Maui — Department of Parks & Recreation
- Hawaiʻi Revised Statutes § 235-19 — Exceptional trees; tax deduction