Hawaii Aircraft Noise and FAA Preemption

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.

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.