Michigan's Aeronautics Code preempts local regulation of aircraft operations and noise, leaving control over aircraft noise to state and federal authorities under MCL 259.1 et seq.
The Michigan Aeronautics Code (MCL 259.1 et seq.) vests exclusive authority over aircraft operations in the state and the Federal Aviation Administration. Under MCL 259.133, local airport zoning is permitted only to protect airspace, not to regulate aircraft noise or flight operations. Municipalities cannot impose curfews, takeoff and landing restrictions, or noise limits on aircraft in flight. Federal preemption under the Airline Deregulation Act and FAA authority over navigable airspace further limits local action. Ground-based airport noise may be subject to state environmental review.
Local ordinances attempting to regulate aircraft noise are unenforceable. The state Office of Aeronautics may seek injunctive relief against improper local enactments under MCL 259.36.
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