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Chesapeake, VA Noise Ordinances: Aircraft Noise (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 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?
Not under the city's noise ordinance. Sec. 26-141(8) exempts "noises generated by all aircraft under the jurisdiction [of] the Federal Aviation Administration" from the entire article, so the city has no local enforcement mechanism for aircraft noise.
Why doesn't Chesapeake regulate aircraft noise like other loud sources?
Federal law gives the FAA jurisdiction over aircraft operations, and Sec. 26-141(8) reflects that by exempting FAA-regulated aircraft from the local noise article entirely, rather than attempting to set local limits the city cannot enforce against federally controlled flights.
Where can I complain about airport noise if not through the city?
Because Sec. 26-141(8) exempts aircraft noise from city enforcement, residents must pursue FAA noise-complaint channels or any voluntary noise-abatement program run by the specific airport, since Chesapeake's code creates no local citation or penalty path for it.

Sources & Official References

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