Durham, NC Noise Ordinances: Aircraft Noise (2026)
Key Facts
- Noise standard
- 45 Ldn max interior noise exposure
- Certification
- Acoustical engineer or INCE board-certified member
- Suboverlays
- -A65 inside 65 Ldn; -A60 between 60-65 Ldn
- Buyer disclosure
- Deed or plat notice of aircraft noise required
- Easement
- Perpetual avigation easement to RDU Airport Authority
- Review authority
- RDU Airport Authority reviews permits before city decision
Summary
New homes inside Durham's Airport Overlay near Raleigh-Durham International must keep interior aircraft noise at or below 45 Ldn, certified by an acoustical engineer, under the joint City-County Unified Development Ordinance. Buyers must be told about aircraft noise exposure, and developers must grant the RDU Airport Authority a recorded avigation easement before any site plan or plat wins approval.
Residential development within the Airport Overlay shall demonstrate that aircraft noise exposure within the dwellings shall not exceed decibel levels of 45 Ldn and be certified by an acoustical engineer or a board certified member of the Institute of Noise Control Engineering. Measures for reducing noise exposure may include: orientation of structures, design standards, landscaping, or construction materials used in walls, windows, doors, roofs, floors, or ceilings... Residential development within the Airport Overlay shall ensure that purchasers of the dwellings will be notified that the property may be subject to noise exposure from aircraft using Raleigh-Durham Airport. Measures used to notify purchasers may include notices on plats or deeds.
Full Breakdown
The Airport Overlay (-A60, -A65) runs under UDO § 4.8 and covers property mapped near Raleigh-Durham International Airport in both the City of Durham and unincorporated Durham County, since the two suboverlays follow the airport's own noise contours rather than the city limit (§ 4.8.2). The -A65 suboverlay sits inside the 65 Ldn contour and the -A60 suboverlay between the 60 and 65 Ldn contours. Inside -A65, only agricultural, residential, and public/civic utility uses are allowed; -A60 permits everything the underlying zoning district allows except outdoor firing ranges (§ 4.8.3).
Any new residential development anywhere in the overlay must prove interior aircraft noise exposure will not exceed 45 Ldn, verified by an acoustical engineer or a board-certified member of the Institute of Noise Control Engineering, using measures such as building orientation, added landscaping, or noise-rated walls, windows, doors, roofs, floors, or ceilings (§ 4.8.4). Developers must also notify home buyers -- typically via a note on the recorded plat or deed -- that the property may be exposed to Raleigh-Durham Airport aircraft noise, and must grant the Raleigh-Durham Airport Authority a perpetual, unsubordinated avigation easement for overflight before the Planning Director will approve a site plan or preliminary/minor plat (§ 4.8.4).
The Airport Authority reviews special use permits, variances, zoning map changes, subdivisions, and site plans in the overlay before the city or county issues a decision, and its own airspace regulations override the UDO wherever they're stricter (§ 4.8.4). Lighting that could mislead pilots and any structure or sign height that would obstruct takeoff or landing are also prohibited (§ 4.8.3).
Violations & Fines
Building a home in the overlay without the required 45 Ldn noise certification, buyer notice, or avigation easement is a UDO violation like any other (§ 15.1.2). The Planning Director can withhold or revoke the building permit or certificate of compliance, issue a $500 civil penalty per citation with an added daily penalty for a continuing violation, and pursue a stop-work order or Superior Court injunction (§§ 15.3, 15.4). Appeals go to the Board of Adjustment within 30 days.
Frequently Asked Questions
What decibel limit applies to new homes near RDU airport in Durham?
Do I have to tell buyers about airport noise?
What is an avigation easement and do I need one?
Does this overlay cover the whole city or just areas near the airport?
Sources & Official References
Other rules in Durham
Compare Durham to another location·View the North Carolina noise ordinances overview
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