Colorado Springs, CO Noise Ordinances: Aircraft Noise (2026)
Key Facts
- Code Section
- City Code Sec. 7.2.601 (AP-O Airport Overlay)
- Federal preemption
- City of Burbank v. Lockheed, 411 U.S. 624 (1973)
- State law
- Colorado Revised Statutes Title 41 (Aeronautics: Aircraft and Airports)
- Residential noise reduction
- 30 dBA noise level reduction required in high-noise subzone
- Avigation easement
- Must be granted and recorded for benefit of Colorado Springs Airport
- Complaints
- Colorado Springs Airport (COS) noise program / FAA
Summary
Aircraft in-flight and takeoff noise is federally preempted, so Colorado Springs does not set decibel limits on aircraft. Instead, City Code section 7.2.601 establishes an Airport Overlay (AP-O) zone around Colorado Springs Airport (COS) that requires a 30 dBA noise level reduction for new residential development in high-noise areas and recorded avigation easements waiving noise claims. Colorado Revised Statutes Title 41 (Aeronautics) governs state-level airport authority.
No Colorado Springs ordinance imposes an enforceable decibel limit on aircraft, because aircraft noise is preempted by federal law (City of Burbank v. Lockheed Air Terminal Inc., 411 U.S. 624 (1973)) and governed by the airport proprietor and the FAA. City Code section 7.2.601 (AP-O: Airport Overlay) instead addresses land-use compatibility: for proposed development within an existing residential zone in the airport noise subzone, a noise level reduction of thirty (30) dBA shall be achieved and evidence of a noise reduction certificate provided, and as a condition of approval the applicant shall grant and record an avigation easement for the benefit of the Colorado Springs Airport. State-level airport authority is set by Colorado Revised Statutes Title 41 (Aeronautics: Aircraft and Airports).
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-21: Code current through: Ord. 26-23, passed June 9, 2026).
Full Breakdown
Direct regulation of aircraft noise is preempted by federal law (City of Burbank v. S. 624 (1973)), and Colorado courts have reaffirmed that federal law bars state courts from ordering airport operators to restrict aircraft operations for noise abatement (Town of Superior v. of County Comm'rs, 2026 COA 14). Colorado Revised Statutes Title 41 (Aeronautics: Aircraft and Airports) governs airport ownership and operation at the state level, and CRS 41-1-107 vests ownership of space above lands in surface owners subject to the right of flight.
Because it cannot cap aircraft decibels, Colorado Springs addresses airport noise through land-use compatibility. 601 creates the AP-O Airport Overlay zone tied to Colorado Springs Airport's noise contours; for proposed development within an existing residential zone in the higher-noise subzone, a noise level reduction of thirty (30) dBA must be achieved with a noise reduction certificate, and as a condition of approval the applicant must grant and record an avigation easement for the benefit of the Colorado Springs Airport, waiving claims arising from aircraft noise, vibration, fumes, and dust.
The Colorado Springs Airport also operates a voluntary FAA-framework noise abatement and complaint program. No Colorado Springs ordinance sets an enforceable decibel limit on aircraft themselves; the airport-proprietor and FAA framework applies.
Violations & Fines
There is no city decibel penalty for aircraft noise (federally preempted). Land-use violations of the AP-O overlay (failure to achieve the required noise level reduction or to record an avigation easement) are enforced through the development-review and zoning process under City Code Title 7. Aircraft operating complaints are handled through the Colorado Springs Airport noise program and the FAA.
Frequently Asked Questions
Can Colorado Springs limit how loud aircraft are?
What does the Airport Overlay (AP-O) require near COS?
What is an avigation easement?
Sources & Official References
Other rules in Colorado Springs
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