Hawaii Statewide Rule

Hawaii Aircraft Noise and FAA Preemption

Few RestrictionsApplies statewide across Hawaii (2026)

Key Facts

Preemption: Federal FAA authority
State role: Airport proprietor only
Statute: HRS Chapter 261
Complaints to: FAA Honolulu FSDO

Last verified: September 5, 2026Source: Hawaii State Legislature

Summary

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.

No permit shall be authorized unless accompanied by a Hawaii sectional aeronautical chart marked to indicate routes and altitudes to be used in conducting aerial tours and noise abatement procedures to be employed in the vicinity of identified noise sensitive areas. For the purposes of this subsection, "tour aircraft operations" means any business operation that offers aircraft for hire by passengers for the purpose of aerial observation of landmarks and other manmade or natural sites within an island of the State and for the purpose of transporting passengers for tourist-related activities.

Source: Hawaii State LegislatureView official code

Full Breakdown

The Federal Aviation Act and Airline Deregulation Act preempt state and local regulation of aircraft operations, flight paths, and altitudes. Hawaii therefore cannot enforce decibel limits on tour helicopters or commercial aircraft in flight. The state's role is limited to airport proprietor noise programs at state-owned airports under HRS Chapter 261, land use compatibility planning, and pursuing federal action. Hawaii has repeatedly petitioned the FAA for stricter helicopter tour rules over national parks, residential areas, and Napali Coast, but enforcement remains federal.

Violations & Penalties

Because aircraft operations are federally preempted, state and county aircraft noise complaints are referred to the FAA. Civil penalties for federal violations are pursued by the FAA, not Hawaii authorities.

Frequently Asked Questions

Can Hawaii ban tour helicopters from flying over my house?

No. Federal law preempts state and county regulation of aircraft in flight. Hawaii can only request FAA action and use proprietor powers at state-owned airports to manage ground operations.

Where do I report helicopter tour noise complaints?

File complaints with the FAA Honolulu Flight Standards District Office and the operating tour company. The Hawaii DOT and DLNR also collect complaints to support federal advocacy.

Sources

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