No Pasco County-specific ordinance regulates aircraft noise, because federal law preempts the field. Congress vests the United States with exclusive sovereignty over U.S. airspace under 49 U.S.C. § 40103, and the Supreme Court held in City of Burbank v. Lockheed Air Terminal (1973) that local aircraft-noise curfews are preempted.
Aircraft noise is not regulated by Pasco County; it is controlled almost entirely at the federal level. Under 49 U.S.C. § 40103(a), the United States has 'exclusive sovereignty of airspace of the United States,' and the FAA Administrator regulates navigable airspace for safety and efficiency. In City of Burbank v. Lockheed Air Terminal, Inc., 411 U.S. 624 (1973), the U.S. Supreme Court held that the comprehensive federal scheme preempts municipal aircraft-noise curfew ordinances. The Airport Noise and Capacity Act of 1990 (49 U.S.C. §§ 47521-47534) further centralized authority over airport noise and access restrictions. A narrow exception lets airport proprietors impose reasonable, nondiscriminatory noise limits in their capacity as facility owners, but a general-purpose local government like Pasco County cannot set aircraft-noise rules.
Because the field is federally preempted, aircraft-noise complaints are directed to the FAA and the operating airport authority rather than enforced by Pasco County code officers.
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See how Pasco County's aircraft noise rules stack up against other locations.
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