Hawaii drone laws

Hawaii went from almost no drone-specific criminal law to three graded felony offenses in two legislative sessions. Act 58, Session Laws 2023, created a trespass offense. Act 161, Session Laws 2024, added a new part to the Hawaii Penal Code — Part II of chapter 711, "Uncrewed Aircraft" — carrying misuse of uncrewed aircraft in the first, second and third degrees, plus a standing requirement that an uncrewed aircraft be directly operated by a human operator at all times. If your mental model of Hawaii drone law is "watch out for the state parks," it is two years out of date.

For a Part 107 operator the headline is that all three misuse offenses are felonies, and two of the second-degree triggers are equipment conditions a working pilot could plausibly stumble into: disabling a required identification transmission, or failing to have or illuminate anti-collision lighting where FAA rules require it. The trespass offense, by contrast, carries an express exception for a person authorized by federal regulations who is operating lawfully and consistently with them. Read Hawaii's exceptions as carefully as its prohibitions, because they are not uniform from section to section.

State drone law changes frequently. This page was last checked on 25 August 2026; verify against the current statute before you fly.

What federal law settles before Hawaii gets a say

The FAA has exclusive authority over aviation safety and the efficient use of the navigable airspace. Its 2023 fact sheet on state and local regulation of UAS draws the line. A state may not set a flight altitude, prescribe a flight path, designate aerial routes, mandate geofencing, or create its own pilot licensing scheme.

Outside that core, states keep a wide field. The fact sheet's own list of permitted subjects includes privacy, voyeurism, harassment, trespass on property, reckless endangerment, criminal mischief, delivery of prison contraband, search and rescue, wildfire suppression, and photography of particular facilities. States may also regulate where an aircraft takes off and lands, and where the operator may stand.

Commercial operators face more preemption exposure, not less. The Airline Deregulation Act preempts state laws related to the prices, routes or services of an operator with economic authority to provide interstate transportation, so a rule that survives against a hobbyist may not survive against a paid Part 107 job. That matters in Hawaii, because two provisions — the anti-collision lighting trigger in HRS § 711-1122 and the human-operator requirement in § 711-1124 — regulate how the aircraft is flown, nearer the federally occupied field than a launch-site rule is. No court decision testing either was located for this page. Both are on the books; comply with them.

Hawaii's drone-specific laws

HRS § 711-1120 — definitions. "Uncrewed aircraft" means any aircraft operated or designed to be operated without a person in or on it, or without the possibility of direct human intervention from within or on it. "Aircraft" is defined equally broadly.

HRS § 711-1121 — misuse in the first degree, a class A felony. Committed by intentionally or knowingly arming an uncrewed aircraft with a firearm, explosive, electric gun or weapon of mass destruction, or possessing, transferring, operating or producing one so armed; discharging such a weapon using one; operating one and thereby interfering with or disrupting any manned aircraft; using one to transport or attempt to transport contraband, drugs or dangerous instruments into a prison; or operating one and thereby causing serious bodily injury. The government-actor exception in subsection (3) covers paragraphs (1)(a), (b), (c), (d) and (g) — and the HRS carries a note that subsection (1)(g) does not exist. The prison-contraband and serious-injury paragraphs are not among those listed.

HRS § 711-1122 — misuse in the second degree, a class B felony. Committed by intentionally or knowingly disabling any required identification transmission or signaling of an uncrewed aircraft; disabling or obscuring anti-collision lighting, or failing to have or illuminate that lighting as required by law or by FAA rules, regulations and orders; operating one and thereby causing substantial bodily injury; or operating one and thereby damaging another's property without consent in an amount exceeding $20,000.

HRS § 711-1123 — misuse in the third degree, a class C felony. Committed by intentionally, knowingly or recklessly tampering with an aircraft's identification or registration number; obstructing, impairing or hindering a police officer, deputy sheriff or fire department personnel acting under color of official authority; causing bodily injury; damaging another's property without consent in an amount exceeding $750; operating under the influence of an intoxicant; operating after the person's license, certificate or privilege to operate has been revoked, suspended or restricted by the issuing governmental authority; or using an uncrewed aircraft in furtherance of a felony.

Sections 711-1122 and 711-1123 each carry a full exception for police officers, deputy sheriffs, adult corrections officers, correctional workers and fire department personnel acting within the course and scope of their duties, and for anyone acting under the authority of, or under contract with, the United States or a state or county government. HRS § 711-1124 then provides that, notwithstanding those exceptions, uncrewed aircraft shall be directly operated by a human operator at all times. No separate penalty is attached to § 711-1124 in the text of the section.

HRS § 711-1125 — trespass with an unmanned aircraft system. Added by Act 58 and renumbered from § 711-1114 by Act 161, so a citation to 711-1114 is the old number for the same offense. A person commits it by intentionally causing a UAS to cross another's property line and come within fifty feet of a dwelling to coerce, intimidate or harass, or, after actual notice to desist, for any other reason; or to take off or land in violation of current FAA special security instructions or UAS security sensitive airspace restrictions. It is a misdemeanor. It does not apply where consent was given by a person with legal authority to consent or lawfully present on the property, or where the person was authorized by federal regulations to operate a UAS and was operating it in an otherwise lawful manner and consistent with federal regulations.

HRS § 188-23.5 — marine waters. It is unlawful to possess or use an unmanned aerial vehicle on, in or near state marine waters for the purpose of taking aquatic life, except under a permit from the Department of Land and Natural Resources. The section expressly allows use for simple reconnaissance.

HRS § 711-1111 — violation of privacy in the second degree, a misdemeanor. No drone-specific language, but paragraph (1)(d) reaches intentionally installing or using, in any private place and without the consent of those entitled to privacy there, any device for observing, recording, amplifying or broadcasting sounds or events in that place. The "in any private place" element does real work, so this is not a general ban on aerial photography.

Where you can and cannot take off

Hawaii's state parks are closed to drones. Under Hawaii Administrative Rules § 13-146-9, no person shall land or launch aircraft — as defined in HRS § 261-1, which covers any contrivance used or designed for navigation of or flight in the air — except with the written permission of the Board of Land and Natural Resources or its authorized representative, or in an emergency. HAR § 13-146-28 separately provides that no person shall operate motorized aircraft models except with that written permission. The chapter was amended and compiled effective 8 October 2020. The Division of State Parks states the position in one line on its own rules page: "NO DRONES. The use, launching or landing of drones or other types of aircraft is prohibited."

That is a launch-and-landing rule plus a model-aircraft operation rule, squarely inside what the FAA fact sheet says a state may do on its own land. If you need to work over a state park, the route is written permission from the Board or its authorized representative, sought in advance. Under HRS § 199-9 the department also runs its own UAS program, so enforcement officers may use drones to gather evidence of resource violations — the agency that enforces park rules is flying too.

Hawaii's counties also legislate here. This page covers state law only. Check the county code for Honolulu, Maui, Hawaii or Kauai separately, and do not assume a county rule is preempted.

What still applies everywhere

Hawaii changes none of the federal baseline. You need a remote pilot certificate with a small UAS rating and a registered aircraft. The 400-foot ceiling, visual line of sight, three statute miles of flight visibility and the Part 107 cloud clearances are unchanged. Controlled airspace still needs authorization — see airspace classes explained and LAANC authorization. Note that § 711-1122 makes disabling a required identification transmission, and failing to have or illuminate anti-collision lighting where FAA rules require it, class B felonies — so equipment compliance in Hawaii is not only a federal matter.

Frequently asked questions

Is flying over private property a crime in Hawaii?

Only in defined circumstances. HRS § 711-1125 requires that the aircraft cross a property line and come within fifty feet of a dwelling, either to coerce, intimidate or harass, or for any reason after actual notice to desist. It is a misdemeanor, and it does not apply to a person authorized by federal regulations who is operating lawfully and consistently with them.

Can I fly a drone in a Hawaii state park?

Not without written permission. HAR § 13-146-9 prohibits landing or launching aircraft in the state park system except with the written permission of the Board of Land and Natural Resources or its authorized representative, or in an emergency, and HAR § 13-146-28 restricts operating motorized aircraft models. The Division of State Parks summarizes both as "NO DRONES."

What does Hawaii's anti-collision lighting rule mean for me?

HRS § 711-1122 makes it a class B felony to intentionally or knowingly disable or obscure an uncrewed aircraft's anti-collision lighting, or to fail to have or illuminate that lighting where law or FAA rules require it. If you fly civil twilight or night operations under Part 107, your lighting compliance carries state criminal consequences in Hawaii.

Can I use a drone to help me fish in Hawaii?

Not for taking aquatic life without a permit. HRS § 188-23.5 makes it unlawful to possess or use an unmanned aerial vehicle on, in or near state marine waters for the purpose of taking aquatic life, except under a permit from the Department of Land and Natural Resources. The statute does expressly allow use for simple reconnaissance.

Does Hawaii ban autonomous or automated flight?

HRS § 711-1124 provides that uncrewed aircraft shall be directly operated by a human operator at all times, notwithstanding the government-actor exceptions in the three misuse sections. The section carries no penalty of its own, and no decision interpreting it was located for this page. Treat it as in force and raise it with counsel before planning automated missions.

Return to the state drone law index, or check your federal knowledge with the Part 107 practice test.

Sources

• FAA, State and Local Regulation of Unmanned Aircraft Systems (UAS) Fact Sheet, 14 July 2023
• HRS § 711-1120, Definitions (Part II, Uncrewed Aircraft)
• HRS § 711-1121, Misuse of uncrewed aircraft in the first degree
• HRS § 711-1122, Misuse of uncrewed aircraft in the second degree
• HRS § 711-1123, Misuse of uncrewed aircraft in the third degree
• HRS § 711-1124, Uncrewed aircraft; operation
• HRS § 711-1125, Trespass with an unmanned aircraft system
• HRS § 711-1111, Violation of privacy in the second degree
• HRS § 188-23.5, Possession or use of unmanned aerial vehicles on, in, or near state marine waters prohibited; exception
• HRS § 199-9, Unmanned aircraft systems program
• HRS § 261-1, Definitions (Aeronautics)
• Hawaii Administrative Rules, Title 13, Subtitle 6, Chapter 146, Hawaii State Park System (amended and compiled 8 October 2020)
• DLNR Division of State Parks, Administrative Rules and park rules
• Legislative Reference Bureau, Bills Enacted by the Hawaii State Legislature, Regular Session of 2024 (Act 161; HB1869 HD1 SD2, Relating to Unmanned Aircraft)