Aircraft noise is largely beyond local control: 49 U.S.C. Sec. 40103 vests exclusive sovereignty of U.S. airspace in the federal government and 49 U.S.C. Sec. 41713 preempts local laws related to air carrier service, so NYC cannot impose flight curfews. As airport proprietor, however, the City regulates its two municipal heliports, and a 2025 local law tightens helicopter-noise standards there.
Under City of Burbank v. Lockheed Air Terminal, 411 U.S. 624 (1973), the Supreme Court held that the federal regulatory scheme (now centered on 49 U.S.C. Sec. 40103, exclusive federal sovereignty over navigable airspace) preempts municipal aircraft-noise curfews, and the Airline Deregulation Act, 49 U.S.C. Sec. 41713(b), separately preempts state and local laws 'related to a price, route, or service of an air carrier.' Because of this, the NYC Noise Code's general unreasonable-noise standard does not reach overflying aircraft. Burbank recognized a limited 'airport proprietor' exception allowing an airport owner to impose reasonable, non-discriminatory noise restrictions on its own facilities. NYC uses that proprietor role through its Economic Development Corporation, which operates the East 34th Street Heliport and the Downtown Manhattan/Wall Street Heliport; the City has long restricted tourist and non-essential flights from these sites. In April 2025 the City Council passed a Helicopter Oversight Act (Int. 0026-2024 series) directing EDC to bar helicopters that fail the strictest industry noise standards from the two City-run heliports beginning in 2029 and to improve monitoring of noise-violating flights. Aviation interests have asserted federal preemption challenges to the new limits.
There is no local penalty for ordinary aircraft overflight noise because the field is federally occupied; complaints about excessive helicopter or aircraft noise are referred to the FAA. Restrictions the City imposes as heliport proprietor are enforced through heliport operating agreements and EDC monitoring rather than Noise Code summonses.
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