Aircraft noise regulation is preempted by federal law under the Federal Aviation Act and the Airport Noise and Capacity Act. Florida cities and counties cannot regulate flight operations, altitudes, or in-air noise. Florida statutes recognize this exclusive federal jurisdiction over navigable airspace.
Under 49 U.S.C. 40103 and 49 U.S.C. 47521-47534 (ANCA), the FAA holds exclusive authority over aircraft noise in navigable airspace. Florida law mirrors this allocation: F.S. Chapter 333 governs airport zoning around state airports but does not authorize municipalities to regulate in-flight aircraft noise. Local Florida governments may only regulate ground-based airport operations subject to FAA approval and Part 161 procedures. Residents experiencing aircraft noise should file complaints with the operating airport authority or the FAA Noise Ombudsman, not local code enforcement. Helicopter routes, departure procedures, and overflight altitudes are set federally. State-level noise nuisance statutes (F.S. 823.01) do not apply to lawful aircraft operations.
Local enforcement of in-flight aircraft noise is preempted and unenforceable. Federal noise complaints are handled administratively by the FAA without local fines.
See how Vero Beach's aircraft noise rules stack up against other locations.
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