At the county-run Sierraville-Dearwater Airport, SCC 9.24.130 bars operating aircraft so as to cause 'unnecessary noise' as determined by federal, state, or local law. Aircraft noise in flight is otherwise controlled by the FAA under federal preemption, so the county cannot set its own in-flight noise limits.
Sierra County's only aircraft-noise rule is tied to its own airport rather than to a general overflight ordinance. Sierra County Code Section 9.24.130 (Noise), in the chapter governing the Sierraville-Dearwater Airport, provides that 'No person shall operate any aircraft in flight or on the ground in such a manner as to cause unnecessary noise as determined by applicable federal, state or local laws and regulations.' The companion provision, Sierra County Code Section 9.24.200, requires that 'No aeronautical activity shall be conducted at the Sierraville-Dearwater Airport except in conformance with current federal air regulation, state of California law and regulations, and this chapter.' These rules apply at the county airport; the airport is otherwise open for public use at all hours subject to the airport manager (SCC 9.24.090). Beyond the county airport, aircraft noise is governed by federal law. Under City of Burbank v. Lockheed Air Terminal (1973), the federal Aviation Act and Noise Control Act preempt local regulation of aircraft noise in flight, meaning Sierra County and other local governments generally cannot impose their own curfews, flight-path, or in-flight noise limits. Residents in unincorporated areas concerned about overflight noise are therefore directed to the FAA rather than to a county noise ordinance.
At the Sierraville-Dearwater Airport, causing 'unnecessary noise' or operating contrary to federal/state rules violates SCC 9.24.130 and 9.24.200 and is enforced by the airport manager under the airport chapter. For aircraft noise in flight generally, enforcement rests with the FAA under federal law; the county has no in-flight noise penalty.
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See how Sierra County's aircraft noise rules stack up against other locations.
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