Is Open Burning Legal in Hawaii After the 2026 Law Changes?

No, open burning is largely prohibited in Hawaii under state and county environmental laws, with limited exceptions for agricultural and cultural practices. The Hawaii Department of Health (HDOH) and county fire departments enforce strict rules, and non-compliance risks fines or criminal penalties. Recent 2026 amendments to the Hawaii Administrative Rules (HAR §11-60.1) further restrict exemptions, aligning with federal air quality standards.


Key Regulations for Open Burning in Hawaii

  • Statewide Ban: HDOH prohibits open burning except for specific exemptions, such as agricultural waste disposal or traditional Hawaiian cultural practices, which require prior approval from the Hawaii State Department of Agriculture (HSDA) or county authorities.
  • County-Specific Rules: Honolulu, Maui, Kauai, and Hawaii County enforce additional restrictions. For example, Honolulu County’s Fire Code (Ordinance 20-13) mandates permits for any open burning, even under exemptions, with inspections required.
  • 2026 Compliance Shifts: New HAR amendments tighten exemptions for land clearing and debris burning, mandating alternative disposal methods like chipping or hauling to licensed facilities. Violations now trigger automatic penalties under the Clean Air Act, with fines up to $10,000 per incident.