Billboards are illegal in Hawaii. Under HRS 445-112, no one may erect, maintain, or use a billboard or any outdoor advertising device anywhere in the state, and Hawaii is one of only four states with a prohibition this broad.1Justia. Hawaii Code 445-112 – Where and When Permitted A short list of narrow exceptions exists, mostly for signs on the business’s own property, real estate listings, event notices, official notices, and political signs, but if your plan is a highway billboard or a rented sign promoting something off-site, the answer is no.
What the Statewide Ban Actually Covers
HRS 445-112 opens with a flat prohibition and then lists the limited situations where a sign is allowed. The word “billboard” in the statute isn’t limited to the large highway structures most people picture. HRS 445-111 defines an “outdoor advertising device” to include any writing, picture, painting, light, model, display, sign, or similar device designed to draw the attention of people in public spaces to commercial activity. That sweeping definition is why LED signs, electronic message boards, and digital billboards are also prohibited: there is no separate carve-out for them, and proposals to allow digital outdoor signage in limited areas, such as a 2026 bill for the Waikiki Special District, have not passed.
The ban has a constitutional foundation that most states lack. Article IX, Section 7 of the Hawaii Constitution gives the state power to “conserve and develop objects and places of historic or cultural interest and provide for public sightliness and physical good order,” and declares that private property is “subject to reasonable regulation” for those purposes. The Hawaii Supreme Court relied on that language in State v. Diamond Motors, Inc. (1967), holding that regulating signs for “legitimate aesthetic reasons” does not amount to an unconstitutional taking.2Justia. State v. Diamond Motors, Inc.
Along highways, a separate statute piles on. HRS 264-72 prohibits outdoor advertising outside the right-of-way boundary that is visible from any federal-aid or state highway, with exceptions only for directional and official signs, on-premises advertising, and a small number of grandfathered landmark signs.3Justia. Hawaii Code 264-72 – Control of Outdoor Advertising This layer exists in part because the federal Highway Beautification Act (23 U.S.C. § 131) cuts a state’s federal highway funding by 10 percent if it fails to control outdoor advertising along interstate and primary highways.4Office of the Law Revision Counsel. 23 USC 131 – Control of Outdoor Advertising Hawaii goes well beyond the federal floor.
Signs You Can Legally Display
HRS 445-112 lists nineteen exceptions. All are narrower than they sound.1Justia. Hawaii Code 445-112 – Where and When Permitted
On-Premises Business Signs
A business can display a sign on its own property identifying the building as its office, residence, or place of business and stating what it does. A separate provision allows signs advertising goods or services actually bought, sold, rented, or traded on those premises. The critical limitation: the sign can only promote what happens at that location. A restaurant can post its name and menu; it cannot rent the side of its building to advertise a car dealership across town.
Real Estate Signs
Signs offering land, a building, or part of a building for sale or rent are permitted on the property being offered. A separate exception covers “Open House” signs that direct buyers to an active showing. Those open-house signs can only display the words “Open House,” the address, the agent’s name, and a directional arrow, and must come down as soon as the showing ends.
Event and Meeting Signs
A sign announcing a meeting or series of meetings is allowed if displayed on the premises where the event is held. The statute defines “meeting” broadly to include sports events, conventions, fairs, rallies, plays, lectures, concerts, movies, dances, and religious services, whether public or not. The sign has to be on the event premises. A banner across town pointing people to a concert at a different venue is not allowed.
Official Notices and Safety Warnings
Signs posted by courts, public officers acting in their official duties, or anyone required by law to post a notice are permitted. Any outdoor advertising device warning the public about dangerous conditions near streets, paths, power lines, gas mains, or public utilities is also allowed.
Cultural and Non-Commercial Signs
Signs that serve no commercial purpose and point out places of natural beauty or historical and cultural interest are permitted, but only if they follow designs approved by the Department of Business, Economic Development, and Tourism. The design-approval requirement keeps this exception from becoming a workaround for commercial advertising dressed up as cultural content.
Campaign and Election Signs
Political signs urging voters to vote for or against any person or issue may be erected, maintained, and used, “except where contrary to or prohibited by law.” An earlier version of the statute capped campaign signs at 45 days before an election, but the Attorney General deemed that time limit unconstitutional, and the legislature removed it. There is currently no statewide deadline for when campaign signs can go up.5Office of Elections. Campaign Signs Regulations The “except where contrary to or prohibited by law” clause is where most of the real restrictions live. Every county prohibits political signs in public rights-of-way, and the Hawaii Department of Transportation (HDOT) removes hundreds of unauthorized signs, including campaign signs, from state rights-of-way each election cycle.6Hawaii Department of Transportation. HDOT Reminds Public of Outdoor Advertising Laws On private property, political signs are generally fine.
Grandfathered Signs
Signs and billboards actually displayed on July 8, 1965, were allowed to continue under specific conditions, and the statute separately permits continued maintenance of any billboard actually maintained on that date. Along highways, HRS 264-72 also grandfathered “landmark signs” of historic or artistic significance that existed on October 22, 1965, as determined by the director of transportation. Attrition, demolition, and redevelopment have thinned these out considerably over the decades.
Other Small Exceptions
Merchandise bearing incidental advertising (a branded cooler on a store counter, for example) is allowed. Signs carried by people or placed on vehicles are permitted, as are signs on state office buildings and outdoor advertising at University of Hawaii stadiums or venues authorized by the stadium authority.
Aerial Advertising Is Also Banned in Honolulu
If the ground is off-limits, the sky isn’t a workaround. The City and County of Honolulu has banned aerial advertising since 1978, prohibiting the use of any aircraft or airborne object to display a sign or advertising device for any purpose. The Ninth Circuit upheld the ban as constitutional in 2006, treating the airspace above Honolulu’s beaches as a nonpublic forum where the city has legitimate interests in scenic preservation and traffic safety, and rejecting the argument that FAA authority preempted the ordinance. Airlines and other aircraft operators can still display their own identifying marks, trade names, and logos on the exterior of their aircraft.
Even a Permitted Sign Usually Needs a County Permit
Qualifying for one of the HRS 445-112 exceptions is only half the picture. HRS 445-113 gives each of Hawaii’s four counties independent authority to classify signs, regulate size, construction, color, illumination, location, and appearance, and prohibit certain sign types entirely in particular areas. County power extends to airspace and waters beyond county boundaries if the sign is visible from any public highway, park, or public place within the county.7Justia. Hawaii Code 445-113 – Regulation by Counties
Counties can also require annual licenses for anyone in the business of making, erecting, or maintaining outdoor advertising for others, with license fees up to $100, and permits for individual billboards with annual fees up to $25 per billboard. Both the license and permit can be revoked for violations.
In practice, anyone putting up even a permitted on-premises sign in Honolulu needs a sign permit from the Department of Planning and Permitting, which runs the application through plan review for code compliance and inspects the sign after installation.8City and County of Honolulu. Sign Permits Other counties have similar processes. Skipping the permit means the sign can be ordered removed regardless of whether it would otherwise qualify for an exception.
What Happens if You Put One Up Anyway
HRS 445-114 makes it unlawful for anyone other than a public officer acting in an official capacity to post, paint, nail, or otherwise fasten any sign, banner, poster, or outdoor advertising device on public property, including utility poles, lampposts, street signs, traffic lights, hydrants, bridges, and trees.9Justia. Hawaii Code 445-114 – Unlawful Posting in Public Places That provision targets posting on public infrastructure specifically, while HRS 445-112 handles the broader prohibition.
Counties can revoke business licenses and sign permits for violations and remove unauthorized signs directly. HDOT handles enforcement along state highways and has reported removing more than 200 unauthorized signs in a single month, saying the cleanup pulls staff and resources from other maintenance work. Courts can also issue injunctions ordering removal, and businesses with non-compliant signage have been compelled to take signs down and pay accumulated penalties. County ordinances may add fines beyond what state statutes specify, so the real cost of a violation depends on where the sign goes up and which agency comes after it.