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Chesapeake, VA Noise from Specific Sources: Generator Noise (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Outage/emergency generators
fully exempt, no hour cap
Industrial power plants
exempt under 2,000 hrs/yr
Governing section
City Code Sec. 26-141(13)-(14)
First-offense civil fine
$250
Subsequent civil fine
$500 per offense
Hardship relief
special permit under Sec. 26-142

Summary

Chesapeake's noise ordinance exempts backup generators run during power outages or emergencies from any decibel limit, and lets industrial-district power plants run generators up to 2,000 hours a year without a violation, provided neighbors aren't harmed. City Code Sec. 26-141(13)-(14) lists both carve-outs inside the general noise article.

(13)Noises created by the operation of any power generation facility, provided that such power generation facility is located within an industrial district, that the operation of such facility is conducted less than 2,000 cumulative hours per calendar year and causes no harm to adjacent properties or residents.(14)Noises created by the operation of generators during power outages or under other emergency or necessary circumstances.

Full Breakdown

Chesapeake regulates noise citywide under Chapter 26, Article IV, but Sec. 26-141 carves generator noise out of those limits through two separate subsections. Subsection (13) exempts a 'power generation facility' outright, but only when it sits in an industrial zoning district, runs less than 2,000 cumulative hours in a calendar year, and 'causes no harm to adjacent properties or residents,' so a facility that runs longer or measurably disturbs neighbors loses the exemption and falls back under the article's general limits, which cap residential-zone sound at 55 dBA under the Table 1 standards in Sec.

26-130. Subsection (14) is broader and unconditional: any generator operated 'during power outages or under other emergency or necessary circumstances' is exempt regardless of location, hours, or decibel level, covering the portable and standby units residents and businesses run after a Hampton Roads storm knocks out power. Outside these two carve-outs, a generator running for convenience rather than an outage or genuine necessity is treated like any other noise source and must meet the article's general limits. An owner whose generator use doesn't fit either exemption can apply to the director of development and permits for a special permit under Sec. 26-142, which weighs the time, duration, volume and technical feasibility of compliance before granting relief and may attach conditions.

Violations & Fines

A generator that doesn't qualify for either exemption is cited like any other noise-ordinance violation under Sec. 26-131: a civil infraction carrying a $250 fine for the first offense and $500 for each later offense arising from the same facts, or, at the city's election, prosecution as a Class 4 misdemeanor punishable by up to a $250 fine, with each occasion a separate offense.

Frequently Asked Questions

Can I run a home generator during a power outage in Chesapeake?
Yes. City Code Sec. 26-141(14) exempts generators operated 'during power outages or under other emergency or necessary circumstances' from the noise ordinance entirely, with no hour limit or decibel cap, so a standby or portable unit running through a storm-related outage doesn't violate the article.
Does an industrial generator have to meet a noise limit?
Only outside its exemption. Sec. 26-141(13) exempts a power generation facility from noise rules only when it sits in an industrial district, operates less than 2,000 cumulative hours per calendar year, and causes no harm to adjacent properties; exceeding either condition removes the exemption.
What happens if generator noise doesn't qualify for an exemption?
It's treated as an ordinary noise-ordinance violation. The city can issue a civil summons carrying a $250 fine for a first offense and $500 for each later offense, or prosecute it as a Class 4 misdemeanor capped at $250, under Sec. 26-131.

Sources & Official References

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