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Santa Clara County, CA Noise Ordinances: Aircraft Noise (2026)

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

Key Facts

Daytime limit
80 dBA in residential or commercial areas
Nighttime standard
Nighttime provisions of Section B11-152
Who is covered
Operating or permitting to be operated any helicopter
Exempt
Military and government-operated helicopters
Exception
Variance under § B11-157
Adopted
Ord. No. NS-517.72, § 2, 4-15-03

Summary

In unincorporated Santa Clara County, Ordinance Code § B11-154(14) prohibits operating a helicopter, or permitting one to be operated, if it violates the nighttime provisions of Section B11-152 or causes noise above 80 dBA during the day in residential or commercial areas, unless a variance has been issued. Military and government-operated helicopters are exempted from the subsection.

City-specific rules exist: Mountain View, and San Jose have their own aircraft noise rules that differ from Santa Clara County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

Operating or permitting to be operated any helicopter which violates nighttime provisions of Section B11-152 or which causes a noise that exceeds 80 dBA during the day in residential or commercial areas without a variance. Military and government-operated helicopters are exempted from provisions of this section.(15)Fixed noise source location. Installation or permitting the installation of any fixed noise source in the side yards of any residence without a variance. (Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-155. - Motor vehicle noise limits.

Source: 14 CFR Part 91View 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

Subsection (14) of § B11-154 is the helicopter entry in Santa Clara County's list of specific prohibited noise acts. It sets up separate tests depending on the time of day. At night, a helicopter is in violation if it breaks the nighttime provisions of Section B11-152, so the nighttime figure is not restated in the helicopter subsection and has to be read from that section. During the day, the subsection supplies its own number: the helicopter may not cause a noise that exceeds 80 dBA in residential or commercial areas. The daytime figure is tied to those area types by name, and the quoted text does not extend it to other kinds of land.

The wording reaches more than the pilot. The county prohibits both "operating" and "permitting to be operated" any helicopter that breaks either test, so a person who allows the flight can be responsible along with the person flying it.

Both tests carry the same condition, "without a variance." A helicopter operation that would otherwise break the limits is allowed if a variance has been issued under § B11-157. The subsection then closes with a flat exemption: military and government-operated helicopters are exempted from its provisions. Privately operated helicopters are not named in that exemption.

The provision was adopted by Ord. No. NS-517.72, § 2, dated 4-15-03. It sits directly before subsection (15), which bars installing a fixed noise source in the side yards of any residence without a variance, and before Sec. B11-155 on motor vehicle noise limits. Like the rest of the county's noise-disturbance chapter, it applies only outside the 15 incorporated cities, each of which regulates helicopter noise separately where it has authority to do so.

Violations & Fines

A helicopter exceeding these limits is a code violation the county can seek to enjoin in court; knowingly violating a resulting injunction is a misdemeanor punishable by up to $500 and five days in jail.

Frequently Asked Questions

Does this ordinance control where helicopters can fly in Santa Clara County?
No. Subsection (14) is written around noise levels: the nighttime provisions of Section B11-152 and the 80 dBA daytime figure in residential or commercial areas. Airspace itself is regulated by the FAA, not the county.
Are medevac helicopters covered?
The subsection does not mention medical flights by name. It exempts military and government-operated helicopters, so a medevac helicopter operated by a government agency falls inside the exemption in § B11-154(14).
Can a helicopter operator legally exceed 80 dBA during the day?
Only with a variance. The prohibition applies to noise above 80 dBA in residential or commercial areas "without a variance," and the county's variance provision is § B11-157.
Does the county helicopter rule apply inside a city?
No. It applies to unincorporated Santa Clara County. The 15 incorporated cities each regulate helicopter noise separately where they have authority to do so.

Sources & Official References

Other rules in Santa Clara County

All Santa Clara County rules

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