Phoenix, AZ Noise Ordinances: Aircraft Noise (2026)

Aircraft overflight noise is governed by federal law, not the Phoenix City Code. The federal statute 49 U.S.C. section 40103(a) provides that 'the United States Government has exclusive sovereignty of airspace of the United States' and that 'a citizen of the United States has a public right of transit through the navigable airspace,' with the FAA Administrator directed to 'develop plans and policy for the use of the navigable airspace.' The U.S. Supreme Court confirmed this preemption in City of Burbank v. Lockheed Air Terminal, Inc., 411 U.S. 624 (1973), striking down a municipal aircraft curfew. As a result, the City of Phoenix cannot impose curfews, flight-frequency caps, or aircraft-type restrictions on operations at Phoenix Sky Harbor International Airport or Phoenix Deer Valley Airport. The city's role is limited to its proprietary/planning functions: Sky Harbor operates an FAA-coordinated noise program and a community noise complaint office, and the airport pursues voluntary noise-abatement procedures and land-use compatibility measures rather than enforceable in-air noise limits. Ground-based and on-airport noise (for example, engine run-ups during maintenance) can be addressed through airport rules, but in-flight noise standards remain a federal matter under the Airport Noise and Capacity Act (49 U.S.C. section 47521 et seq.).