Skip to content
Flagpole Guides

Flagpoles and flag etiquette in the United States

Published Written by

The flag of the United States on a tall flagpole beside Legislative Hall in Dover, Delaware
Photo: Famartin, 2022-07-20 08 06 45 American flag flying on the northwest side of the Delaware Legislative Hall (Delaware Capitol Building) in Dover, Kent County, Delaware / Wikimedia Commons, CC BY-SA 4.0, cropped

Few countries fly their flag as widely as the United States: on federal buildings, schools and polling places, on porches and front-yard flagpoles, at car dealerships and on the flagpoles of homeowners’ associations. The rules behind it come from several levels: a federal law that describes the flag and codifies the customs of flying it, presidential proclamations on half-staff, state laws on the state flag and on homeowners’ associations, and local zoning and building codes that decide where a flagpole can stand and how tall it can be. This section brings together what applies to flag flying and flagpoles in the United States, with sources from federal and state law and public agencies.

The essentials

  • The Flag Code: 4 U.S.C. §§ 4–10 sets out the customs for displaying the flag. It carries no penalties and serves as a guide for civilians. The details are in the guide to the US Flag Code.
  • Flag days: the Flag Code names more than twenty days on which the flag is especially displayed, from New Year’s Day to Christmas Day. The dates are in the guide to flag days.
  • Half-staff: the President, and for their own state the governors, order the flag to half-staff. More in the guide to half-staff.
  • HOAs: federal law and many state laws limit how far a homeowners’ association can restrict the flag. More in the guide to flags in HOA communities.
  • Size: flag makers commonly give a flag length of one quarter to one third of the height of an in-ground flagpole. The flag size calculator works it out.
  • Buying: what affects the price is explained in the guides to buying a flagpole and buying a flag.
  • Permits: the city or county decides whether a flagpole needs a permit. More in the guide to installing a flagpole.

Law, proclamations and responsible bodies

The flag of the United States in a bracket by the porch of a house in Beaufort, North Carolina
Beaufort, North Carolina. Photo: Willthacheerleader18 / Wikimedia Commons, CC0

The flag itself is defined in 4 U.S.C. §§ 1–2: thirteen horizontal stripes, alternately red and white, and a union of white stars in a blue field, with one star added for each new state on the Fourth of July after its admission. Executive Order 10834 of 1959 sets the proportions and the sizes of flags for federal agencies. The Flag Code, 4 U.S.C. §§ 4–10, first adopted by joint resolution of Congress on June 22, 1942, codifies the customs of displaying the flag “for the use of such civilians or civilian groups or organizations as may not be required to conform with regulations promulgated by one or more executive departments”. Under § 10, the President can alter or add to the rules by proclamation.

According to the Congressional Research Service, the Flag Code prescribes no penalties and no federal agency has the authority to issue official rulings binding on civilians. Separate rules apply to federal agencies and the armed forces, and each state has laws of its own on its state flag and, in many cases, on the display of flags.

LevelWhat it covers
CongressThe flag (4 U.S.C. §§ 1–2), the Flag Code (4 U.S.C. §§ 4–10), observances in 36 U.S.C. and the Freedom to Display the American Flag Act of 2005
The PresidentHalf-staff proclamations, Proclamation 3044 of 1954, Executive Order 10834 and changes to the Flag Code
StatesState flags, half-staff for state officials, service members and first responders, and laws on homeowners’ associations
Cities and countiesBuilding permits, zoning heights and setbacks, sign codes and lighting rules

The flagpole in the United States

There is no federal rule on what a flagpole must look like or how tall it may be. The International Building Code, the model code that many state and local building codes are based on, does not name flagpoles among the work that needs no permit, and local zoning codes often add limits on height and setbacks. In Durham, North Carolina, for example, flagpoles in residential districts are limited to 25 feet unless the Board of Adjustment grants a special use permit, and a flagpole is set back from all property lines by at least its own height. According to Annin Flagmakers, a 3 × 5 ft to 5 × 8 ft flag suits a 20 ft flagpole. More in the guides to types of flagpoles and flagpole heights.

About the guides

The guides below are sorted by topic. Each covers one subject, ends with frequently asked questions and lists its sources, and shows when it was last updated. The flag days are shown for 2026 and 2027, following the Flag Code and the observances set by Congress.

All guides

Flag flying and etiquette

When and how the flag of the United States is flown – from the Flag Code and flag days to half-staff, mourning, federal holidays, the order of flags and flags in HOA communities.

The flagpole

Types, materials, heights, accessories, lighting and what affects the price of a flagpole – and how the flag and the flagpole became part of American life.

Frequently asked questions

Is the US Flag Code a law that can be enforced?

The Flag Code is federal law, 4 U.S.C. §§ 4–10, but it sets out rules and customs for civilians and contains no penalties. According to the Congressional Research Service, courts have held that the Code is declaratory and advisory, and it functions as a guide that civilians and civilian groups follow voluntarily.

Can anyone fly the American flag?

Yes. The Flag Code states that the flag should be displayed on all days, and names days on which it is especially displayed. Under the Freedom to Display the American Flag Act of 2005, a condominium, cooperative or homeowners’ association may not adopt or enforce a policy that prevents a member from displaying the flag on their own residential property, subject to reasonable restrictions on time, place and manner.

Does a flagpole need a permit in the United States?

It depends on the state, the city or county and the pole. The International Building Code, the model code that many state and local building codes are based on, does not list flagpoles among the work exempt from a permit, and local zoning codes often limit height and setbacks. Durham, North Carolina, for example, limits flagpoles in residential districts to 25 feet unless a special use permit is granted.

Who orders flags to fly at half-staff?

Under 4 U.S.C. § 7(m), the President orders the flag to half-staff on the death of principal figures of the federal government and state governors. A governor may order the flag to half-staff within the state on the death of a present or former state official, a member of the Armed Forces from the state or a first responder who dies in the line of duty, and the Mayor of the District of Columbia has the same authority for the District.

How many stars and stripes does the flag have?

Thirteen horizontal stripes, alternately red and white, for the original thirteen colonies, and fifty white stars on a blue field, one for each state. The fiftieth star, for Hawaii, was added on July 4, 1960, under 4 U.S.C. § 2 and Executive Order 10834.

Sources

This guide is based on the following sources: