Hawaii Ordinances (2026)

Hawaii Act 39 (2024) requires every county to allow at least two accessory dwelling units on residentially zoned lots meeting infrastructure standards. The state mandate preempts more restrictive county zoning that bars permitted ADUs.

Hawaii prosecutes animal hoarding statewide under HRS 711-1109 and the second-degree cruelty statute when an owner accumulates more animals than they can humanely care for, resulting in suffering or unsanitary conditions.

Hawaii regulates beekeeping statewide through the Department of Agriculture under HRS Chapter 152, requiring registration of apiaries and authorizing inspection and disease control to protect Hawaii's bee population from invasive pests.

Hawaii state law makes it unlawful for any owner to allow a dog to roam at large unleashed on public ways or property of others, supplementing more detailed county leash ordinances across all four counties.

Hawaii has the strictest exotic pet rules in the United States. HRS Chapter 150A and Department of Agriculture rules prohibit importing or possessing most non-native animals, preempting any county attempt to allow them.

Hawaii prohibits feeding, harassing, or interfering with protected wildlife under HRS Chapter 183D and Chapter 195D, including marine mammals, sea turtles, and monk seals, with strict statewide rules that counties cannot relax.

Hawaii Department of Health licenses a fixed number of medical cannabis dispensaries statewide and sets buffer requirements. Counties cannot create additional licenses or override mandatory school and playground separation rules.

Hawaii allows registered medical cannabis patients to grow a limited number of plants at one location. Recreational cultivation remains illegal statewide. State law preempts counties from authorizing additional home cultivation rights.

Hawaii statute imposes a uniform curfew on minors under 16 statewide between 10 p.m. and 4 a.m. The state-level curfew applies in every county, with limited exceptions for accompanied minors and emergencies.

Commercial drone use in Hawaii requires FAA Part 107 certification, with state-level operational limits in parks and conservation areas. Local governments cannot impose flight rules that conflict with federal airspace preemption.

Recreational drone operation in Hawaii falls primarily under FAA federal preemption. State law adds restrictions on state park use and surveillance. Counties cannot regulate flight paths or airspace beyond ground-based rules.

Hawaii Revised Statutes Chapter 387 sets the statewide minimum wage and governs employer wage obligations. The statute establishes a uniform statewide floor that scheduled increases apply to all counties equally.

Hawaii has no general statewide paid sick leave mandate, but HRS Chapter 392 requires employers to provide temporary disability insurance for non-work injuries, and family leave is governed by HRS Chapter 398.

Hawaii has not enacted a statewide predictive scheduling or fair workweek law. Wage-and-hour rules under HRS Chapter 387 govern overtime and reporting time, but advance scheduling notice is not generally required.

Hawaii's Coastal Zone Management law requires Special Management Area permits for development near the shoreline. State sets minimum standards while counties process most permits. Rules apply uniformly to all coastal development statewide.

Hawaii regulates shoreline erosion through state Coastal Zone Management law. Statewide setback rules and special management area permits govern coastal construction. Counties implement but must meet state minimum standards.

Hawaii participates in the National Flood Insurance Program and requires counties to adopt floodplain management ordinances meeting state and federal minimums. Construction in mapped flood hazard areas must follow elevation and floodproofing standards statewide.

Hawaii Department of Health administers federal NPDES stormwater permits statewide. Construction sites disturbing one or more acres and certain industrial activities must comply with state-issued permits and best management practices.

Hawaii applies common law tort principles statewide under HRS 663-1, allowing neighbors to sue for spite fences and shared boundary fence cost recovery regardless of which county they live in.

Hawaii adopts the International Building Code and International Residential Code statewide under HRS 107, requiring residential pool barriers at least 48 inches tall with self-closing, self-latching gates.

Hawaii regulates fireworks under HRS Chapter 132D, requiring state-issued licenses for import, sale, and display, and prohibiting aerial and unauthorized consumer fireworks statewide, while counties may enact more stringent controls.

Hawaii prohibits open burning statewide under HRS Chapter 342B and HAR Title 11 Chapter 60.1 Subchapter 3, with limited exceptions for cooking, fire training, and permitted agricultural burning regulated by the Department of Health Clean Air Branch.

HRS 134-9 governs Hawaii concealed carry licensing. Following the U.S. Supreme Court's Bruen decision, Hawaii revised standards but maintains stringent training, application, and sensitive-place requirements administered by county police chiefs.

Hawaii Revised Statutes Chapter 134 establishes statewide firearms regulations, but unlike many states, Hawaii does not broadly preempt counties from enacting local firearms ordinances on certain matters.

Hawaii prohibits open carry of firearms in public without a license issued under HRS 134-9. Unlicensed open carry is a felony, making Hawaii one of the most restrictive states for visible firearm carrying.

Hawaii imposes some of the nation's strictest rules on carrying firearms in vehicles. HRS 134-25 and HRS 134-26 prohibit carrying a loaded or unloaded pistol, revolver, or long gun in a motor vehicle except under narrow license and transport exceptions.

Hawaii requires every mobile food unit to obtain a Department of Health permit under HRS Chapter 321 and HAR Title 11, Chapter 50, ensuring uniform food safety standards before any county business or vending license is issued.

Hawaii applies state Department of Health food safety standards to home-based food sellers. Most home-prepared foods require commercial kitchen permits; only limited exemptions exist for certain low-risk products statewide.

Hawaii requires state Department of Human Services registration or licensing for home-based child care serving non-relatives. Standards for staff ratios, safety, and inspections apply uniformly across all counties statewide.

Hawaii does not require private or public employers to use the federal E-Verify system to confirm employee work authorization. Use of E-Verify in Hawaii is voluntary, except where federal contracts independently require it.

Hawaii has not enacted a statewide sanctuary law nor a statewide preemption forbidding sanctuary policies. Counties and city governments such as Honolulu have adopted their own policies governing local cooperation with federal immigration enforcement.

Hawaii law protects endangered and threatened native plants on all lands statewide. Taking, destroying, or possessing listed native species without a permit is prohibited regardless of county or property ownership status.

Hawaii's Exceptional Tree Act protects designated exceptional trees statewide. Removing, destroying, or damaging an exceptional tree without county arborist approval is prohibited, regardless of which county the tree is located in.

Hawaii's State Water Code establishes uniform water use regulation through the Commission on Water Resource Management. Designated water management areas trigger mandatory permits and conservation requirements that apply regardless of county boundaries.

Federal FAA law preempts state and county regulation of aircraft in flight. Hawaii cannot directly limit helicopter or airplane noise, leaving complaints to the FAA and airport proprietor noise programs.

Hawaii's Department of Health regulates construction noise statewide under HAR Title 11 Chapter 46, requiring permits when construction exceeds maximum permissible sound levels and applying uniformly across all counties.

Hawaii's Department of Health sets statewide maximum permissible sound levels for industrial and stationary noise sources under HAR 11-46, applying uniformly to pumps, compressors, generators, and similar equipment.

HRS 201-8.5 requires all state agencies to use fully shielded outdoor lighting fixtures emitting more than 3,000 lumens with a correlated color temperature at or below 4,000 Kelvin to protect dark skies.

Hawaii statutorily defines abandoned vehicles and authorizes counties to remove them under uniform standards. State law sets timelines, notice requirements, owner liability, and disposal procedures applicable across all islands.

Hawaii state law requires public parking lots with 100 or more spaces to designate at least one stall for electric vehicles, with EV charging infrastructure. The statute applies statewide and standardizes signage and access requirements.

Hawaii's Residential Landlord-Tenant Code governs eviction grounds and procedures uniformly statewide. Landlords must follow state notice and court procedures. Counties cannot establish independent eviction systems that bypass HRS Chapter 521.

Hawaii requires every operator of a transient accommodation, including short-term vacation rentals statewide, to register with the Department of Taxation, obtain a TAT identification number, and display it in all advertising regardless of county location.

Hawaii uniquely classifies all land statewide into four state land use districts under HRS Chapter 205, with the Agricultural District protecting farmland and limiting non-agricultural uses across the state.

HRS Chapter 165, Hawaii's Right to Farm Act, protects farming operations from nuisance lawsuits when they have operated for at least one year and were not nuisances at their inception, supporting agricultural land use across the state.

Hawaii imposes a statewide Transient Accommodations Tax (TAT) of 10.25% on gross rental proceeds for stays under 180 consecutive days, applying universally to all short-term rental operators in addition to the General Excise Tax.

Hawaii's statewide billboard ban under HRS 264-72 prohibits commercial signs visible from state highways, including garage sale signs posted on utility poles, trees, or within highway rights-of-way.

Hawaii statutorily exempts political signs from the general billboard ban under HRS 264-72, but HDOT prohibits placing any signs within state highway rights-of-way regardless of message.

Hawaii has no statewide plastic bag preemption law, but all four counties have enacted bans on non-recyclable plastic checkout bags, making Hawaii the first U.S. state with a de facto statewide ban on single-use plastic bags.

Hawaii has no statewide polystyrene ban, but Honolulu, Hawaii County, Maui County, and Kauai County have adopted ordinances prohibiting food vendors from using polystyrene foam containers for prepared foods.

Hawaii does not regulate plastic straws at the state level, but Maui County and other county ordinances restrict food vendors from automatically providing single-use plastic straws and stirrers to customers.

HRS Section 196-7 prohibits any homeowners association, condominium, or planned community from preventing the installation of a solar energy device on a homeowner's roof or property, with reasonable placement restrictions allowed only.

Hawaii's State Building Code, adopted under HRS Chapter 107, incorporates International Residential Code pool barrier rules requiring a minimum 48-inch fence and self-closing, self-latching gates around all residential swimming pools statewide.

Hawaii was the first U.S. state to raise the tobacco purchase age to 21 in 2016. HRS 712-1258 prohibits the sale, furnishing, or purchase of tobacco and electronic smoking devices by anyone under 21.

Hawaii has no statewide ban on flavored tobacco or vape products, but the City and County of Honolulu and other county governments have considered or adopted local restrictions, leaving a regulatory patchwork across the islands.

Hawaii regulates retail sales of electronic smoking devices and e-liquid under HRS Chapter 245 and 712-1258, requiring retailer permits, age verification, and packaging standards for all vape products sold in the state.