Aircraft noise is FAA-preempted under federal law and cannot be regulated by San Bernardino County. ONT and SBD operate under federal airspace rules. The county only regulates land use in 65 dB CNEL airport contours.
Aircraft in flight are exclusively regulated by the Federal Aviation Administration under 49 U.S.C. 40103, which preempts state and local governments from imposing operating restrictions on aircraft. San Bernardino County therefore cannot set decibel limits, curfews, or flight-path rules on planes overflying communities near Ontario International Airport (ONT) in Ontario, San Bernardino International Airport (SBD, the former Norton AFB), Chino Airport (CNO), Apple Valley Airport (APV), Big Bear City Airport (L35), or the many general-aviation strips in the High Desert. What the county CAN regulate is land use near airports. Under the Airport Influence Areas (AIAs) and Airport Land Use Compatibility Plans (ALUCPs) administered by the San Bernardino County Airport Land Use Commission (ALUC), new residential construction within the 65 dB CNEL noise contour is typically restricted or requires avigation easements and sound attenuation to 45 dB interior. Heliports and helicopter operations over Joshua Tree National Park air tours are subject to separate FAA and NPS management. Drone noise is partially FAA-preempted under Part 107 but low-altitude commercial drone operations can be regulated by the county.
Property owners cannot sue the county over airport noise because it is federally preempted. Noise complaints go to the airport operator (ONT, SBD, etc.) and the FAA Noise Complaint portal. Helicopter tour complaints go to the operator and FAA Flight Standards District Office.
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See how San Bernardino County's aircraft noise rules stack up against other locations.
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