Colonie, NY Noise Ordinances: Aircraft Noise (2026)

Federal law occupies the field of aircraft-in-flight regulation. Under 49 U.S.C. Section 40103, the United States has 'exclusive sovereignty of airspace,' and 49 U.S.C. Section 41713 preempts state and local laws 'related to a price, route, or service of an air carrier.' The Town of Colonie therefore cannot use Chapter 135 to cite a pilot for low-flying, takeoff, or approach noise; the controlling Supreme Court case is City of Burbank v. Lockheed Air Terminal, 411 U.S. 624 (1973), which held federal law preempts even time-of-day curfews imposed by a host municipality. The proper framework is FAA's Part 150 (14 CFR Part 150 - Airport Noise Compatibility Planning). The Albany County Airport Authority's Noise Exposure Maps were found in compliance on July 8, 2005, and the updated Noise Compatibility Program was approved on January 4, 2006 (with the FAA approving 23 of the 31 measures, several only voluntarily). Approved measures include: a Ground Run-Up Enclosure (constructed, operational) used for maintenance run-ups (which are otherwise barred between midnight and 6:00 a.m. except by Airport Manager permission), preferential use of Runway 1 (northbound departures) when winds are below 5 knots, voluntary residential acquisition in higher-noise zones, and land-use zoning recommendations to the Town of Colonie (including a 1996 recommendation to rezone land south of Wolf Road and east of Sand Creek Road for clustered housing). Low-flying complaints alleging violations of 14 CFR Section 91.119 minimum altitudes go to the FAA New York Flight Standards District Office. The Airport Authority logs noise complaints through its Noise Hotline for land-use planning purposes; complaints do not result in pilot sanctions.