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Brookhaven, NY Noise Ordinances: Construction Hours (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Construction hours in Brookhaven, NY, sometimes called construction noise rules or contractor work-hour ordinances, set when contractors can run power tools, hammers, and heavy equipment.

Key Facts

Weekday hours allowed
7:00 a.m. to 6:00 p.m.
Weekends/holidays
No construction noise permitted
Enforcing office
Noise Control Administrator
First offense fine
$25 to $100
Max variance length
15 days, 30 days per year

Summary

Brookhaven bars construction, drilling, earth-moving, excavating and demolition noise between 6:00 p.m. and 7:00 a.m. on weekdays, and at any time on weekends and legal holidays. The Noise Control Administrator enforces the limit under Town Code Chapter 50.

Construction: operating or permitting the operation of any tools or equipment used in construction, drilling, earth moving, excavating or demolition work between the hours of 6:00 p.m. and 7:00 a.m. the following day on weekdays or at any time on weekends or legal holidays, except: (a) For emergency work. (b) By special variance issued pursuant to § 50-3. (c) (Reserved) (d) When the result of the operation of any of said equipment by or for any municipal agency.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4966897; v79 updated 2026-05-28; through 05-28-2026).

Full Breakdown

the following day on weekdays, or at any time on weekends or legal holidays. m. Monday through Friday, is the only time such work may generate noise as a matter of right; nights, Saturdays, Sundays and holidays are closed entirely, not just restricted. Four narrow exceptions apply: emergency work; work covered by a special variance issued under § 50-3; a reserved (no longer used) exception; and operation of equipment by or for a municipal agency. B(7) schedule instead of the lighter Table I sound-level limits used for other sources.

A contractor who needs relief from the schedule, for a job that must run overnight or on a weekend, must apply to the Noise Control Administrator for a variance under § 50-8, supplying the location and nature of the work, the reason for the request, the expected noise intensity, and a schedule of interim noise-control measures. The Administrator can grant a variance for up to 15 days at a time, and no applicant may hold variances totaling more than 30 days in a calendar year; an approved variance operates as a stay of prosecution and can be revoked if its terms are violated. This provision applies townwide but only outside Brookhaven's incorporated villages, which enforce their own separate codes.

Violations & Fines

A first violation of the construction noise hours draws a fine of not less than $25 and not more than $100 under § 50-9.A; a second conviction runs $50 to $150; a third or subsequent conviction runs $100 to $250. Each two-hour period that the violation continues counts as a separate offense. In lieu of a summons, the Noise Control Administrator may instead issue an abatement order under § 50-10 requiring the noise source to be brought into compliance within a set time.

Frequently Asked Questions

Can a Brookhaven contractor ever work past 6:00 p.m.?
Only with a special variance from the Noise Control Administrator under § 50-8, for emergency work, or when the equipment is operated by or for a municipal agency. Without one of those, § 50-6.B(7) bars construction noise after 6:00 p.m. on weekdays and all day on weekends and holidays.
Does the general power-tool noise exemption cover construction sites?
No. Section 50-5.C(1) exempts domestic power tools between 8:00 a.m. and 8:00 p.m., but § 50-5.C(3) expressly excludes construction activity from that exemption, so construction work is governed only by the stricter § 50-6.B(7) hours.
How long can a construction noise variance last?
Under § 50-8.D, the Noise Control Administrator can issue a variance for up to 15 days at a time, and no person may hold variances totaling more than 30 days in any calendar year.

Sources & Official References

Other rules in Brookhaven

All Brookhaven rules

How Brookhaven compares: Cities with the Strictest Construction Hours·New York rules heatmap·Compare Brookhaven to another location·View the New York noise ordinances overview

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