Tuscaloosa, AL Noise Ordinances: Aircraft Noise (2026)
Key Facts
- City exemption
- Tuscaloosa City Code Sec. 10.8-14(b) (airport air traffic)
- Federal authority
- 49 U.S.C. 40103 (exclusive federal sovereignty over airspace)
- Key case
- City of Burbank v. Lockheed Air Terminal, 411 U.S. 624 (1973)
- State airport zoning
- Code of Ala. 1975, Title 4, Ch. 6
- Complaints to
- FAA and airport authority, not city
Summary
Tuscaloosa's noise ordinance expressly exempts air traffic at the Tuscaloosa Municipal Airport (City Code Sec. 10.8-14(b)). Aircraft operational noise is controlled by federal law, which gives the United States exclusive sovereignty over the navigable airspace (49 U.S.C. 40103).
The prohibitions of this article shall not apply to air traffic at the Tuscaloosa Municipal Airport, parades, cultural event, athletic games, state or county fairs, or functions conducted pursuant to a permit specifically approved by the Tuscaloosa City Council or other appropriate governmental agency.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 102).
Full Breakdown
Aircraft noise is not regulated by Tuscaloosa's municipal noise code. C. 40103(a) provides that 'the United States Government has exclusive sovereignty of airspace of the United States' and that a citizen has a public right of transit through the navigable airspace, which the Federal Aviation Administration regulates. S. Supreme Court held in City of Burbank v. S. 624 (1973), that federal law preempts state and local regulation of aircraft noise and flight operations. As a result, Tuscaloosa cannot use its noise ordinance to limit decibel levels from overflights, takeoffs or landings, and residents disturbed by aircraft noise are directed to the FAA and airport authority rather than to Tuscaloosa Police or Municipal Court.
Land-use compatibility around airports in Alabama is addressed separately through the state's Airport Zoning law (Code of Alabama 1975, Title 4, Chapter 6), not the city noise code.
Violations & Fines
No municipal noise penalty applies to aircraft operational noise, because Section 10.8-14(b) exempts airport air traffic and federal law preempts local regulation. Ground noise unrelated to flight operations may still be addressed under Section 10.8-13.
Frequently Asked Questions
Can Tuscaloosa enforce its noise ordinance against airplanes?
Who handles airplane noise complaints in Tuscaloosa?
Sources & Official References
Other rules in Tuscaloosa
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