Chesapeake, VA Noise Ordinances: Aircraft Noise (2026)
Key Facts
- Aircraft noise status
- Fully exempt from noise article
- Governing section
- Sec. 26-141(8)
- Basis
- FAA jurisdiction over aircraft
- Local penalty available
- None
- Local complaint process
- Not applicable to exempt sources
Summary
Aircraft noise is fully exempt from Chesapeake's noise ordinance. Sec. 26-141(8) excuses all aircraft under FAA jurisdiction from the article, so nearby flight operations, including at Chesapeake Municipal Airport, are not enforceable local noise violations.
The following activities shall be exempt from this article: ...(8)Noises generated by all aircraft under the jurisdiction the Federal Aviation Administration.
Full Breakdown
City Code Sec. 26-141 lists 20 categories of noise exempt from the entire noise article, chapter 26, article V. Item (8) states plainly: "Noises generated by all aircraft under the jurisdiction [of] the Federal Aviation Administration" (as printed in the code). curfew of Sec. 26-124 nor the numeric decibel caps of Sec. 26-130 reach aircraft overflights, engine run-ups, or airport ground operations regulated by the FAA, because federal aviation law preempts local noise control of flight operations. The exemption sits alongside other federally or state-controlled activities the city also declines to regulate, including locomotive and railroad equipment noise (item 7) and noises from any area permitted by the state's mining and energy regulator (referenced separately in the penalty section).
Sec. 26-121 frames the article's purpose as reducing noise "in cooperation with federal, state and local governments," language consistent with deferring to FAA jurisdiction rather than attempting to regulate it locally. Residents near Chesapeake Municipal Airport or under regional Hampton Roads flight paths who want to address aircraft noise have no avenue under this local ordinance; any recourse runs through FAA noise-complaint channels or airport-specific voluntary programs, not city code enforcement, citizen affidavits under Sec. 26-127, or the civil/criminal penalties of Sec. 26-131, none of which apply to an exempt source.
Violations & Fines
There is no local violation or penalty for aircraft noise: Sec. 26-141(8) removes it entirely from the noise article, so the civil ($250.00/$500.00) and class 4 misdemeanor penalties of Sec. 26-131 do not apply, and citizens cannot use the Sec. 26-127 magistrate-affidavit process against an exempt aircraft noise source.
Frequently Asked Questions
Can I file a noise complaint against aircraft flying over my Chesapeake home?
Why doesn't Chesapeake regulate aircraft noise like other loud sources?
Where can I complain about airport noise if not through the city?
Sources & Official References
Other rules in Chesapeake
Compare Chesapeake to another location·View the Virginia noise ordinances overview
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