Report Title:

Counties; Zoning

Description:

Requires front, rear, and side yard setback lines for large trees.

HOUSE OF REPRESENTATIVES

H.B. NO.

2785

TWENTY-THIRD LEGISLATURE, 2006

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to zoning.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds, as evidenced by the recent tragic accident in Manoa, that tall trees in residential areas may be hazardous during time of high winds.

The purpose of this Act is to require the counties to adopt ordinances setting front, rear, and side yard setback lines for trees.

SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§46-   Yard setback lines for trees; height limits. (a) Each county shall adopt ordinances establishing, in residential and apartment districts, a front, rear, and side yard setback line for any tree in excess of      feet in height. The minimum setback lines shall be the same as the setback lines for any structures on a parcel; provided that a county may establish a greater setback.

(b) In any residential zone in the state land use urban district, no tree may exceed      feet in height.

(c) This section shall not apply to trees planted before July 1, 2006; provided that each county shall establish minimum standards for the trimming and pruning of large trees that may cross property boundaries."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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