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Boulder, CO Noise Ordinances: Aircraft Noise (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Governing section
Boulder Revised Code § 9-3-10, Airport Influence Zone
Zones
Zones one through four on the Airport Influence Overlay Zone Map
Zone Two residential
No new residential use, including nursing homes and group homes
Zone One construction
No new construction other than airport construction
Utility lines
All new lines go underground in Zones One through Four
Nonconforming use
Ends after one year of discontinuance in Zones One and Two
Variances
None permitted for any requirement of the section

Summary

Boulder sets no decibel limit for aircraft. Section 9-3-10 instead controls land use around the airport through four overlay zones, running from Zone Four (avigation easement and underground utilities) to Zone One (no new construction except airport construction). No variance is allowed from any requirement of the section.

(a) Legislative Intent: The purpose of this section is to enact an airport influence overlay zone map and associated regulations, providing for certain land development controls on the area surrounding the airport which may be affected by aircraft accidents and by noise, vibrations, fumes, dust, smoke, fuel particles and other annoyances and influences from airport operations. ... (A) A person annexing to the city and thereafter constructing a new principal structure in the city shall be required to sign an avigation easement as a condition of obtaining a building permit, and the easement shall be recorded. ... (C) No new residential use, including, without limitation, nursing homes, group homes, congregate care facilities, group care facilities and residential care facilities, is permitted. ... (g) Violations: No person shall violate any provision of any avigation easement or violate any prohibition relating to any zone. No variance shall be permitted of any of the requirements of this section.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 167 Update 3).

Full Breakdown

Boulder handles aircraft noise exposure through land use, not a noise meter. Section 9-3-10 of the Boulder Revised Code creates the Airport Influence Zone, an overlay meant to control development on land affected by aircraft accidents and by noise, vibrations, fumes, dust, smoke and fuel particles from airport operations. Zones one through four are drawn on the Airport Influence Overlay Zone Map, an attachment to the Zoning District Map kept on file with the City Planning Department. The section adds to the underlying zoning, and where the two conflict, the more restrictive one controls.

Zone Four and Zone Three are the outer rings. In Zone Four, a person who annexes to the city and then builds a new principal structure must sign an avigation easement as a condition of the building permit, and the easement is recorded. An applicant for a development permit under Chapter 9-2 can be required to sign one too. All new utility lines in Zone Four go underground. Zone Three carries the same underground rule, allows the same easement requirement, and sends every development application to the Airport Manager for review and comment.

Zone Two is where use bans begin. No new residential use is permitted, and the text names nursing homes, group homes, congregate care facilities, group care facilities and residential care facilities. Schools, hospitals, churches, libraries, hotels and motels and daycare facilities are allowed only if the underlying zoning permits them and the city manager determines the site and design substantially alleviate the concerns in subsection (a). The planning board can call that decision up under Section 9-4-4, no hearing is held, and adjacent owners receive first class mail notice at least fourteen days before approval. A nonconforming use ends if it is discontinued for one year.

Zone One allows no new construction other than airport construction, requires underground utility lines, and applies the same one-year nonconforming use rule.

Some limits apply city-wide, outside any zone. Nobody can maintain a use or structure that interferes electrically with navigational signals or radio communications at the airport, mimics airport lights, or causes glare affecting aircraft, and nobody can establish or maintain a hazard. The city manager also enforces Federal Aviation Regulation Part 77, including a clear area five hundred feet wide centered on the runway centerline and extending outward at a 7:1 slope.

Violations & Fines

Subsection (g) bars any violation of an avigation easement or of a zone prohibition, and no variance is available for any requirement of the section. A use or structure the city manager finds in violation of the city-wide restrictions must be discontinued on the manager's order, with the quasi-judicial hearing procedure in Chapter 1-3 as the path to contest it. No one acquires a vested right to maintain a hazard, and the city is not estopped from removing one. The section itself lists no fine amount.

Frequently Asked Questions

Does Boulder set a decibel limit for aircraft noise?
Section 9-3-10 contains no decibel limit. It controls what can be built near the airport instead, citing noise, vibrations, fumes, dust and smoke as the influences it addresses. The Boulder noise chapter, Chapter 5-9, as retrieved for this page, has no aircraft or airport provision. The airport rules are land use requirements in the Land Use Code.
Can new homes be built in Airport Influence Zone Two?
No. Zone Two prohibits any new residential use, and the text expressly covers nursing homes, group homes, congregate care facilities, group care facilities and residential care facilities. Schools, hospitals, churches, libraries, hotels, motels and daycare facilities are treated separately and need the city manager's siting and design determination described in subsection (e)(3)(D).
Who has to sign an avigation easement in Boulder?
A person who annexes to the city and then builds a new principal structure in Zone Four must sign one as a condition of the building permit, and it is recorded. Applicants for development permits under Chapter 9-2 can be required to sign one, and Zones Three and Two apply the same easement provision.
Can I get a variance from the airport zone rules?
No. Subsection (g) states that no variance is permitted of any of the requirements of Section 9-3-10. The only flexibility written into the section is the Zone Two review for schools, hospitals, churches, libraries, hotels, motels and daycare facilities, which the city manager decides and the planning board can call up.
How are neighbors notified about a sensitive use in Zone Two?
For schools, hospitals, churches, libraries, hotels and motels and daycare facilities, no hearing is required, but adjacent property owners are notified by first class mail at least fourteen days before the city manager approves. The planning board can call up the determination under Section 9-4-4.

Sources & Official References

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