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Portsmouth, VA Noise Ordinances: Aircraft Noise (2026)

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

Key Facts

Governing section
Code of Ordinances Sec. 24-255(f)(8)
Aircraft noise status
Expressly exempt from the ordinance
Residential night limit (non-exempt sound)
55 dBA, 10 p.m.-6 a.m.
Residential day limit (non-exempt sound)
65 dBA, 6 a.m.-10 p.m.
Enforcement
Not enforceable for aircraft sound

Summary

Portsmouth's excessive-sound ordinance, Code of Ordinances Sec. 24-255, carves out a specific exemption for aircraft. Subsection (f)(8) states the section's decibel limits and per se violations do not apply to sound generated by aircraft, so overflight and airport-related noise is not enforceable under the city's general noise law.

(f)Exceptions. This section shall not apply to:...(8)Sound generated by boats or ships in navigable waterways, or by aircraft.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 65).

Full Breakdown

Sec. ) and 65 dBA by day in residential zones, and 75 dBA in commercial zones, measured at the property line with a calibrated sound level meter. " Because Portsmouth sits directly across the Elizabeth River from Norfolk International Airport's approach paths and hosts its own general-aviation traffic, this exemption means the city has deliberately declined to regulate aircraft sound through its municipal noise code, leaving it to federal preemption under FAA rules and any applicable Norfolk Naval Shipyard operations. ), lawn equipment, government facility repair, emergency work, railroad operations, and permitted demolition, showing the exemption list is a deliberate carve-out structure rather than an oversight.

Violations of Sec. 2-11 as adopted locally, on a second offense within 12 months, but none of that enforcement machinery reaches aircraft sound because of the (f)(8) carve-out.

Violations & Fines

No civil or criminal penalty attaches to aircraft noise under Sec. 24-255 because subsection (f)(8) exempts it entirely from the ordinance's per se offenses and decibel thresholds. General noise violations that are not exempted carry up to a $250 Class IV misdemeanor fine (Sec. 1-11(a)(4)), rising to a $500 Class III misdemeanor fine for a repeat offense within 12 months.

Frequently Asked Questions

Can Portsmouth cite an airport or aircraft owner for noise?
No. Sec. 24-255(f)(8) exempts "sound generated by boats or ships in navigable waterways, or by aircraft" from every decibel limit and per se offense in the city's noise ordinance, so aircraft noise complaints have no local enforcement path.
Why does Portsmouth exempt aircraft noise?
Aircraft noise is federally regulated by the FAA, and Portsmouth's council structured its 2009-amended noise ordinance (Ord. No. 2009-89) to avoid conflicting with that federal scheme, alongside similar carve-outs for boats, railroads, and government emergency work.
What noise levels does Portsmouth regulate instead?
Non-exempt sound is capped at 55 dBA overnight and 65 dBA daytime in residential zones, and 75 dBA in commercial zones, measured at the property line under Sec. 24-255(d), with violations charged as Class IV or Class III misdemeanors.

Sources & Official References

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