Aircraft noise in flight is regulated exclusively by the FAA under federal law (49 U.S.C. 40103, 14 CFR Part 36, 91, 150). Texas cities and counties cannot impose noise limits on aircraft operations, though they may regulate ground-based airport activities through Texas Transportation Code Chapter 22.
Federal courts have repeatedly held that the Federal Aviation Act and Airline Deregulation Act preempt state and local regulation of aircraft noise in navigable airspace. Texas municipalities therefore cannot enforce general noise ordinances against airplanes, helicopters, or drones operating under FAA rules. Local airport proprietors can adopt reasonable, nondiscriminatory restrictions on ground operations, runway use, and curfews only if they comply with the federal Airport Noise and Capacity Act of 1990 and FAA Part 161. Texas Transportation Code Chapter 22 grants municipalities authority to operate airports, acquire avigation easements, and zone for airport hazards consistent with federal law. Noise complaints are handled through the FAA Noise Portal or local airport noise offices.
Local police cannot cite pilots for aircraft noise. Improper airport restrictions adopted without FAA approval are unenforceable and can trigger federal injunctions and loss of FAA grant funding.
See how Schertz's aircraft noise rules stack up against other locations.
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