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Albuquerque, NM Noise Ordinances: Aircraft Noise (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified June 2026

Key Facts

Code Section
Albuquerque Code section 9-9-8 (Exceptions and Exclusions)
City rule
Aircraft and airport sounds exempt from Article 9 limits
Federal overlay
FAA / ANCA (49 U.S.C. section 47521 et seq.)
Also exempt
Mass transit, fireworks, parades/protests, refuse collection (daytime)

Summary

Albuquerque's Noise Control Ordinance does not regulate aircraft. Section 9-9-8 expressly exempts sounds or vibrations from any aircraft or from operation of any airport or approved helipad, and a 'total preemption' clause yields to federal, state, and municipal regulation of aviation noise.

Aircraft and airports. 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. ... Total preemption. The limits set forth in this article do not apply to sounds otherwise governed by federal, state, or municipal laws or regulations.

Full Breakdown

Aircraft noise over Albuquerque - including the Albuquerque International Sunport and Double Eagle II Airport - is not governed by the city Noise Control Ordinance. ), 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.

Violations & Fines

None under the city Noise Control Ordinance - aircraft and airport operations are exempt under section 9-9-8. Remedies, if any, run through FAA programs and the airport proprietor's noise-abatement procedures.

Frequently Asked Questions

Can Albuquerque cite a plane for being too loud?
No. Section 9-9-8 exempts aircraft and airport-operation sounds from the city's noise limits, and aircraft noise is federally preempted by the FAA and the Airport Noise and Capacity Act.
Where do I report Sunport aircraft noise?
Through the airport proprietor (the City of Albuquerque Aviation Department / Sunport noise program), not city code enforcement, because Article 9 does not apply to aircraft.
Are helicopters covered by the city ordinance?
Operations of an approved helipad used for law enforcement, utility restoration, emergency medical transport, or search and rescue are exempt under section 9-9-8.

Sources & Official References

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