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Montgomery County, VA Noise Ordinances: Aircraft Noise (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
Zoning § 10-38 ASO
Stated purpose
Height, noise and safety protection near airport
Horizontal surface cap
150 ft above airport elevation
Fallback height cap
35 ft where ground is under surface
Notification area
20,000 ft radius, 1:100 slope
Variance review
Virginia Department of Aviation input required

Summary

In Montgomery County outside Blacksburg and Christiansburg, the zoning ordinance's Airport Safety Overlay District states its purpose as shielding neighboring properties from airport noise and safety impacts, but the only rule it actually enforces is a height cap on structures and trees inside the FAA-defined surfaces around the airport, not a decibel or hours-of-operation limit.

These county ordinances apply to unincorporated areas of Montgomery County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

The ASO Airport Safety Overlay District is intended to restrict the height of structures or other obstructions in the vicinity of airports; to protect adjacent properties from the potential noise and safety impacts of airport operations, and to otherwise regulate the use of property to ensure safe airport use. ... Except as otherwise provided in this chapter, no structure shall be erected or altered so as to penetrate the floor of any surface described in subsection (2).

Full Breakdown

25, as mapped on the 2009 Airport Overlay Notification Area map. The horizontal surface sits one hundred fifty feet above the established airport elevation; where natural ground is less than thirty-five feet below the floor of a governing surface, structures may still reach thirty-five feet above grade. No structure may otherwise be built or altered to penetrate the floor of any of these surfaces, and the zoning administrator can require a landowner to trim or remove a tree that penetrates one of them and is judged a hazard to airport operations.

Uses permitted by right or by special use permit, and every other building and lot requirement, simply follow the underlying base district, so the overlay adds nothing beyond the height and vegetation control. A separate twenty-thousand-foot notification area, rising on a one-to-one-hundred slope from the airport, triggers a Planning Department notice to the airport for comment before development that penetrates that slope. Variance applicants must have the Board of Zoning Appeals request a determination from the Virginia Department of Aviation on the effect on air navigation before any relief from the height limit is granted.

Violations & Fines

Violations of the Airport Safety Overlay's height limit are enforced the same way as any other zoning violation under Sec. 10-52: a written notice of violation with a correction period, escalating to a Class 2 misdemeanor punishable by up to $1,000 per offense per day, or a civil citation of $200 to $500 per summons capped at $5,000, plus the administrator's authority to order removal of a hazardous tree.

Frequently Asked Questions

Does Montgomery County VA regulate aircraft noise directly outside Blacksburg and Christiansburg?
Not with a decibel or curfew rule. Section 10-38 says the Airport Safety Overlay is meant to protect nearby properties from noise and safety impacts of airport operations, but the section's only enforceable standard is a height limit on structures and trees within FAA-defined surfaces near the airport.
How tall can I build near the airport in Montgomery County?
Generally no taller than the floor of the applicable FAA surface, typically one hundred fifty feet above airport elevation on the horizontal surface, though the zoning administrator allows up to thirty-five feet where existing ground is more than thirty-five feet below that surface.
Can a tree on my property near the airport be ordered removed?
Yes. If the zoning administrator determines a tree penetrating one of the overlay's imaginary surfaces is a hazard to airport operations, the landowner can be required to trim or remove it under Section 10-38.

Sources & Official References

Other rules in Montgomery County

All Montgomery County rules

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