Aircraft noise regulation in West Virginia is preempted by federal law under the Federal Aviation Act and Noise Control Act. Local and state attempts to set curfews, altitude limits, or operational restrictions on aircraft are generally invalid.
The Supreme Court held in City of Burbank v. Lockheed Air Terminal that the Federal Aviation Act of 1958, combined with the Noise Control Act of 1972, occupies the field of aircraft noise control. The FAA controls airspace, flight paths, takeoff and landing procedures, and noise standards for aircraft operating in or near airports. West Virginia municipalities and counties cannot enforce ordinances imposing curfews, decibel limits, or routing restrictions on aircraft in flight. Airport proprietors retain narrow authority to adopt nondiscriminatory noise rules through FAR Part 161 review, but private property owners and cities cannot regulate overflight noise.
Local aircraft noise ordinances are unenforceable. Complaints route to the FAA Regional Office or airport proprietor; civil court remedies are limited.
Charleston, WV
West Virginia Senate Bill 167, enacted in 2017, prohibits sanctuary policies. Charleston cannot adopt rules barring police cooperation with federal immigrati...
Charleston, WV
Charleston cannot set its own minimum wage above the West Virginia rate of 8.75 dollars per hour set by W. Va. Code Section 21-5C-2. State law preempts local...
Charleston, WV
Charleston levies a business and occupation gross receipts tax under Chapter 10 of the City Code, with rates that vary by business classification such as ret...
Charleston, WV
Charleston has not adopted a hotel worker retention ordinance like those in some larger cities. Hotel sales or change-of-control transactions in Charleston f...
Charleston, WV
Charleston hotel guests pay a 6 percent city hotel occupancy tax under W. Va. Code Chapter 7 plus a 6 percent state consumer sales tax, totaling roughly 12 p...
Charleston, WV
Charleston enforces loud party rules through the city noise ordinance and disorderly conduct provisions in Chapter 24, with stronger response near East End r...
See how Charleston's aircraft noise rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.