Albuquerque, NM Noise Ordinances: Aircraft Noise (2026)

Aircraft noise over Albuquerque - including the Albuquerque International Sunport and Double Eagle II Airport - is not governed by the city Noise Control Ordinance. Section 9-9-8 of the ordinance states under 'Aircraft and airports' that 'The limits set forth in this article do not apply to sounds or vibrations generated by any aircraft or generated in connection with the operation of any airport or approved helipad used in support of law enforcement, public utility restoration, emergency medical transport or search and rescue.' The same section's 'Total preemption' clause adds that the limits 'do not apply to sounds otherwise governed by federal, state, or municipal laws or regulations.' This reflects federal preemption of aircraft-in-flight operations by the Federal Aviation Administration and the Airport Noise and Capacity Act of 1990 (49 U.S.C. section 47521 et seq.), under which only the airport proprietor (for the Sunport, the City of Albuquerque Aviation Department) may adopt FAA-approved noise or access restrictions. Mass transit sounds are likewise exempt under section 9-9-8. Residents bothered by aircraft noise are directed to the airport proprietor's noise program rather than to code enforcement.