Flag lighting in the United States: flying the flag at night

Many flags in the United States fly day and night. The Flag Code allows it on one condition: that the flag is lit in the dark. This guide describes what the Code says, how flags are lit and which local and HOA rules apply to the lights.

What the Flag Code says

Under 4 U.S.C. § 6(a), “it is the universal custom to display the flag only from sunrise to sunset on buildings and on stationary flagstaffs in the open. However, when a patriotic effect is desired, the flag may be displayed 24 hours a day if properly illuminated during the hours of darkness.”

The Code does not define “properly illuminated”. According to the Congressional Research Service (CRS), there is no absolute prohibition in federal law on flying the flag 24 hours a day, and display with appropriate lighting does not violate the spirit of the Code, since the lighting keeps the flag from being enveloped in darkness.

Where the flag flies at night by law

Presidential proclamations and laws authorize the flag day and night at eight places, among them Fort McHenry, the White House, the Washington Monument and the Marine Corps War Memorial. According to the Senate document Our Flag, many other places fly the flag at night as a patriotic gesture by custom; the CRS names the US Capitol as one of them. The full list is in the guide to flagpole history.

Ways to light a flag

According to Annin Flagmakers, solar lights are an easy-to-install alternative to spotlights, which require an outdoor electrical outlet, and a way to ensure the flag is properly lit. A wired spotlight at an in-ground pole means electrical work, which can require a permit from the city or county.

Lighting and the neighbors

A bright light shining up into the sky, or onto the neighbors’ windows, can conflict with local rules:

• Texas: a property owners’ association can adopt reasonable rules that regulate the size, location and intensity of any lights used to illuminate a flag (Texas Property Code § 202.012(b)(4)).
• Florida: a flagpole protected by the HOA law remains subject to local noise and lighting ordinances (Florida Statutes § 720.304(2)(b)).
• Cities and counties: local lighting ordinances, which the Florida law refers to, set their own limits.

Weather and wear at night

A flag that flies around the clock wears faster. According to Annin, tests have shown that a flag flown 24 hours a day can last only one-fourth as long as one flown during daylight hours only. More in the guide to flagpole lifespan, and the accessories in the guide to flagpole accessories. How businesses light their flags is covered in the guide to flagpoles for businesses.