Aircraft noise in flight is preempted by federal law and is expressly exempted from San Luis Obispo County's noise standards by Section 23.06.042. Land-use compatibility around the SLO County Regional Airport and Paso Robles Municipal Airport is controlled instead by the Airport Land Use Plan's CNEL contours.
Section 23.06.042 of the County Code excludes from the dBA standards 'traffic on public roadways, railroad line operations, [and] aircraft in flight' where regulation is preempted by state or federal law. The Federal Aviation Act preempts local regulation of aircraft operations in flight (49 U.S.C. Section 40103). Instead, the San Luis Obispo County Airport Land Use Commission (ALUC) regulates compatible land uses around the County's airports using Community Noise Equivalent Level (CNEL) contours: Policy N-1 prohibits extremely noise-sensitive land uses inside the projected 60 dB CNEL contour, and Policy N-2 generally prohibits them inside the 55 dB CNEL contour (with limited infill exceptions). Moderately noise-sensitive uses inside the 55 dB CNEL contour must meet interior-noise mitigation (e.g., not exceeding 50 dB CNEL with windows closed for offices and similar uses). Avigation easements and natural-hazard disclosures are required for real-estate transactions in the Airport Influence Area.
There is no direct County Code citation for aircraft noise in flight - complaints must be filed with the FAA or the airport operator. Land uses developed inconsistently with the ALUP may be denied a Minor or Conditional Use Permit by the County Planning Department.
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See how San Luis Obispo County's aircraft noise rules stack up against other locations.
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