Aircraft noise regulation in New York is preempted by federal law under the Federal Aviation Act, with state and local authorities barred from regulating in-flight aircraft operations, though New York retains limited proprietor and land-use authority.
Under federal preemption doctrine established by the Federal Aviation Act of 1958 and 49 U.S.C. 41713, neither New York State nor its municipalities may directly regulate aircraft in flight, including noise levels, flight paths, or operating curfews. New York's General Business Law and Transportation Law recognize this preemption. The state and localities may act only as airport proprietors imposing reasonable, nondiscriminatory access restrictions, or through land-use compatibility planning under General Municipal Law. The Department of Transportation oversees airport operations consistent with FAA Part 150 noise compatibility programs. Cities cannot impose curfews or noise limits on aircraft beyond proprietor authority.
Local ordinances attempting to regulate aircraft noise are typically void as preempted; airport proprietor restrictions must comply with FAA Airport Noise and Capacity Act review under 49 U.S.C. 47521.
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See how Gates's aircraft noise rules stack up against other locations.
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