Fort Smith, AR Noise Ordinances: Aircraft Noise (2026)

Civil and military aircraft operations are exclusively regulated by the Federal Aviation Administration. The U.S. Supreme Court confirmed federal preemption of airport-noise regulation in City of Burbank v. Lockheed Air Terminal, Inc. (1973), and 49 U.S.C. § 40103 reserves sovereignty over U.S. navigable airspace to the federal government. FAA Part 150 Airport Noise Compatibility Planning is the federal vehicle through which an airport like KFSM analyzes noise contours, models impacts, and proposes voluntary noise-abatement procedures. Because Ebbing was designated in March 2023 as the foreign military sales (FMS) F-16 / F-35 training site (operated by Detachment 2 of the 188th Wing under the 85th Fighter Group), the long-term DNL noise contour around the airfield is projected at 65 dB or greater for substantial residential areas - and the City of Fort Smith responded with the Military Compatibility Area Overlay District (MCAOD), adopted by the Board of Directors in June 2024. The MCAOD is a land-use overlay, not an operational restriction: it requires Sound Transmission Class (STC) sound-attenuation construction for new buildings inside the 65 dB noise contour, requires downward-shielded lighting, restricts certain land uses, and imposes a 30-foot setback from the shared boundary with airport property. Residents bothered by overflight noise should file with the 188th Wing community engagement line and the FAA Noise Portal; the city cannot issue a noise citation against an aircraft in flight.