Rochester, NY Noise Ordinances: Aircraft Noise (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.
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?
What triggers the noise-contour review?
Can the city deny a permit over noise impact?
Who reviews these applications besides the city?
Sources & Official References
Other rules in Rochester
New York rules heatmap·Compare Rochester to another location·View the New York noise ordinances overview
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