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Rochester, NY Noise Ordinances: Aircraft Noise (2026)

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

Key Facts

Governing district
O-A Overlay Airport District, Article XIII
Inner section radius
1 mile from airport boundary
Approach corridor extent
3 miles from runway end, 1 mile wide
Review triggers on
changes in aircraft noise contours
Referral agency
Monroe County Dept. of Planning and Development
Required filing
FAA Part 77 advisory determination
Deciding bodies
Zoning Board of Appeals; Planning Commission

Summary

Rochester runs any height variance or special permit inside its O-A Overlay Airport District through a Monroe County review that expressly weighs changes in aircraft noise contours, and the Zoning Board of Appeals or Planning Commission cannot approve the application unless the applicant proves it will not raise noise levels in the city.

The application shall be referred to the Monroe County Department of Planning and Development for review and approval by said Department, the Monroe County Department of Public Works, the Monroe County Law Department, the manager of airport operations and the airport operator, if other than Monroe County, pursuant to procedures established in § 120-188. The review shall include the impact of the proposed structure or use on flight patterns, airport operations, the environment, changes in aircraft noise contours and any other matters they deem appropriate. ... If the advisory determination of the Federal Aviation Administration and/or the report of the Monroe County Department of Planning and Development indicates that the applicant's proposal would affect flight patterns and/or airport operations, then no variance shall be approved unless the applicant establishes that the proposal would not adversely affect the health and safety of City residents nor result in increased noise levels in the City.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4935326; v86 updated 2026-06-16; through 06-16-2026).

Full Breakdown

The O-A Overlay Airport District under City Code Article XIII protects flight paths and safety around the Rochester - Monroe County Airport. It has an inner section within one mile of the airport boundary and within the instrument-runway approach-departure corridors out to three miles from the runway ends and one mile wide, plus an outer section covering the rest of the city (§ 120-97). Structures that would pierce the district's imaginary height plane, which starts at 40 feet within 8,000 feet of the airport location point and steps up to 400 feet beyond 25,000 feet (§ 120-99), need a variance (§ 120-102) or, beyond 25,000 feet, a special permit (§ 120-103).

Both processes require the applicant to submit the FAA's current Part 77 advisory determination and a written statement on flight-pattern impact, then send the file to the Monroe County Department of Planning and Development, County Public Works, County Law Department and the airport operator for review under § 120-188 procedures. That review explicitly covers flight patterns, airport operations, the environment and changes in aircraft noise contours. If the FAA or county report flags an effect on flight patterns or airport operations, the Director of Zoning and Permitting must publish notice before the hearing, and the deciding board (Zoning Board of Appeals for variances, Planning Commission for special permits) can attach marker and lighting conditions but cannot approve the application unless the applicant establishes it will not adversely affect resident health and safety or raise noise levels in the city.

Any tree, shrub or other natural growth in the overlay district that impairs visibility or exceeds the height limit can also be declared a flight hazard and ordered removed or trimmed at the owner's expense under § 120-100.

Violations & Fines

There is no separate noise-decibel penalty here; the teeth are procedural. A variance or special permit that would raise city noise levels or worsen flight-pattern impacts simply cannot be granted under § 120-102(C)(3) and § 120-103(C)(3), and no certificate of zoning compliance may issue for a use that creates or is expected to create a flight or safety hazard under § 120-101. The Zoning Board of Appeals or Planning Commission can also condition any approval on markers and lights to warn aircraft operators of the structure.

Frequently Asked Questions

Does Rochester regulate aircraft noise directly?
Not with a decibel cap. Instead, § 120-102 and § 120-103 require Monroe County to review any height variance or special permit filed inside the O-A Overlay Airport District for its effect on aircraft noise contours before the city's Zoning Board of Appeals or Planning Commission can act on it.
What triggers the noise-contour review?
Filing for a variance to exceed the district's height plane, or for a special permit on a structure more than 25,000 feet from the airport location point that would still exceed 400 feet, both send the application to Monroe County Planning and Development under § 120-188, whose review covers noise-contour changes.
Can the city deny a permit over noise impact?
Yes. Under § 120-102(C)(3) and § 120-103(C)(3), if the FAA or county report shows the proposal would affect flight patterns or airport operations, the deciding board cannot approve it unless the applicant proves it will not raise noise levels in the city or endanger resident health and safety.
Who reviews these applications besides the city?
The Monroe County Department of Planning and Development, the Monroe County Department of Public Works, the Monroe County Law Department, and the airport's manager of operations or operator all review the application before the City Council receives the referral, per § 120-102(A)(3).

Sources & Official References

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