State Preemption of Local Zoning in Hawaii

What Is State Preemption?

State preemption occurs when a state law overrides local government ordinances in a specific area. In land use, preemption means a city or county cannot adopt zoning rules that are more restrictive than the state standard. If a city tries to prohibit something the state law permits, the state law wins.

Hawaii actively uses preemption in housing law. The state has enacted legislation that prohibits local governments from blocking certain types of housing development — most notably accessory dwelling units (ADUs) and lot splits.

Compare all 51 jurisdictions: ADU preemption table · Short-term rental preemption table

ADU Preemption

What local governments cannot restrict:

• ✓ADUs must receive ministerial approval — no special permit, conditional use permit, or variance required · Source
• ✓Counties may establish reasonable design and dimensional standards but cannot effectively prohibit ADUs · Source

How Preemption Affects Hawaii Cities

State preemption applies to every incorporated city and unincorporated area in Hawaii. Select a city below to see how state preemption interacts with local zoning rules.