Aircraft noise in New Jersey is preempted by federal law, leaving New Jersey municipalities without authority to regulate flight operations or in-flight sound.
Under the Federal Aviation Act and the Airline Deregulation Act, the FAA has exclusive authority over navigable airspace, flight paths, altitudes, and aircraft noise emissions. NJ courts and the NJDEP Noise Control Code at N.J.A.C. 7:29-1.4 expressly exclude aircraft in flight from state and local noise regulation. Municipalities cannot impose curfews, decibel limits, or routing restrictions on aircraft. Limited authority remains for airport proprietors and for ground operations on airport property, subject to FAA approval under 49 U.S.C. 47521 (ANCA).
Local ordinances attempting to regulate aircraft noise are unenforceable and subject to federal injunction. Affected residents must pursue FAA Part 150 noise studies or proprietor remedies.
See how Sparta's aircraft noise rules stack up against other locations.
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