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Colorado Springs, CO Noise Ordinances: Aircraft Noise (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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).

Source: Colorado Springs Airport OverlayView official code

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?
No. Aircraft in-flight and takeoff noise is preempted by federal law (City of Burbank v. Lockheed, 1973), so the city sets no aircraft decibel limit. Colorado Springs Airport runs a noise abatement program under the FAA framework instead.
What does the Airport Overlay (AP-O) require near COS?
Under City Code section 7.2.601, new residential development in the higher-noise subzone must achieve a 30 dBA noise level reduction and provide a noise reduction certificate, and the applicant must grant and record an avigation easement for the airport's benefit.
What is an avigation easement?
A recorded easement, required as a condition of development approval near Colorado Springs Airport, in which the owner waives claims against the city and airport for noise, vibration, fumes, and dust caused by aircraft and airport operations.

Sources & Official References

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