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Fall River, MA Noise Ordinances: Decibel Limits (2026)

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

Key Facts

Wind facility sound limit
More than 10 dB(A) above ambient is a violation
Pure tone trigger
Three decibels or more above both adjacent frequency levels
Ambient defined as
A-weighted level exceeded 90% of the time during equipment hours
Measured at
Property line and nearest inhabited structure
Referenced state rule
DEP Noise Regulations, 310 CMR 7.10
General penalty
Up to $300 per offense, each day separate (§ 1-15)
Other zoning noise rule
§ 86-461 bars noxious noise, no decibel figure

Summary

Fall River, Massachusetts prints its numeric sound limit in the wind energy division of the zoning chapter: a facility is in violation if it raises the broadband sound level by more than 10 dB(A) above ambient or produces a pure tone of three decibels or more. The rest of the zoning chapter bars noxious noise with no decibel figure.

Sound. The wind energy facility and associated equipment shall conform with the provisions of the Department of Environmental Protection's Division of Air Quality Noise Regulations (310 CMR 7.10), ... A source of sound will be considered to be in violation of these regulations if the source increases the broadband sound level by more than 10 dB(A) above ambient or produces a "pure tone" condition, which is when an octave band center frequency sound pressure level exceeds the two adjacent center frequency sound pressure levels by three decibels or more. These criteria are measured both at the property line and at the property line and at the nearest inhabited structure. "Ambient" is defined as the background A-weighted sound level that is exceeded 90% of the time measured during equipment hours. ... No trade, industry, operation, activity, heat source or other use that is noxious, offensive or hazardous by reason of vibration or noise or the emission of odors, dust, gas, fumes, smoke, cinders, flashing or excessively bright light or refuse matter shall be permitted.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4739915; v14 updated 2025-12-23; through 12-23-2025).

Full Breakdown

Fall River, Massachusetts, does not print a residential or nighttime decibel table in Chapter 86. The numeric sound standard sits in § 86-406(I), the site standards for wind energy facilities, and it borrows the state benchmark: the facility and its associated equipment must conform with the Department of Environmental Protection's Division of Air Quality Noise Regulations (310 CMR 7.10), unless DEP and the permit granting authority agree those provisions do not apply.

The code then states the test in two parts. A source of sound is in violation if it increases the broadband sound level by more than 10 dB(A) above ambient, or if it produces a "pure tone" condition, meaning an octave band center frequency sound pressure level exceeds the two adjacent center frequency sound pressure levels by three decibels or more. Both criteria are measured at the property line and at the nearest inhabited structure, and the permit granting authority, in consultation with DEP, decides whether a violation is measured at the property line or at the nearest inhabited residence.

Ambient is defined as the background A-weighted sound level that is exceeded 90% of the time measured during equipment hours. The ambient can also be established by other means with DEP's consent. When the permit granting authority requires it, the applicant must present an analysis prepared by a qualified engineer showing compliance with the noise standards.

The division covers utility-scale and on-site wind facilities, small wind energy systems and building-integrated wind systems, and it does not apply to off-shore wind systems (§ 86-404(B)). Wind turbines built primarily for commercial agriculture are exempt from the chapter (§ 86-405(A)). Small wind systems are allowed in the Industrial Park, Open Space/Recreational and Water Resource districts with a building permit from the Inspector of Buildings (§ 86-408(A)), and a facility over 100 kilowatts of rated nameplate capacity needs a special permit (§ 86-409(A)).

Outside the wind division, the zoning chapter's noise standard is § 86-461, which bars any use that is noxious, offensive or hazardous by reason of vibration or noise and attaches no decibel figure.

Violations & Fines

Operating a wind energy system that does not comply with the division or with a permit condition is unlawful under § 86-407(D), though systems installed before adoption are exempt. Unless another provision is expressly made, § 1-15 sets a penalty not exceeding $300 for each offense, each day a violation continues is a separate offense, and the City can also seek an injunction. The Building Commissioner/Inspector of Buildings enforces the zoning chapter (§ 86-473) and, in his sole discretion, can pursue noncriminal disposition under MGL c. 40, § 21D (§ 86-476).

Frequently Asked Questions

Does Fall River, Massachusetts have a decibel limit for residential noise?
The zoning chapter prints no residential or nighttime decibel table. The only decibel figures in Chapter 86 appear in § 86-406(I), which governs wind energy facilities. For other uses, § 86-461 bars any use that is noxious, offensive or hazardous by reason of vibration or noise, without giving a number.
What counts as a wind facility noise violation in Fall River?
A source violates the standard if it increases the broadband sound level by more than 10 dB(A) above ambient, or produces a pure tone, which is when an octave band center frequency sound pressure level exceeds the two adjacent center frequency levels by three decibels or more. The facility must also conform with DEP's 310 CMR 7.10 unless DEP and the permit granting authority agree otherwise.
Where is the sound measured?
The criteria are measured both at the property line and at the nearest inhabited structure. The code leaves the final call to the permit granting authority, which, in consultation with DEP, determines whether a violation is measured at the property line or at the nearest inhabited residence.
How is ambient sound defined?
Ambient is the background A-weighted sound level that is exceeded 90% of the time, measured during equipment hours. The code also lets the ambient be established by other means with consent from DEP. The permit granting authority can require a qualified engineer's analysis showing the facility meets the noise standards.
What is the penalty for violating the wind facility noise standard?
Operating a noncompliant wind energy system is unlawful under § 86-407(D). Under the general penalty in § 1-15, a violation carries a penalty not exceeding $300 for each offense, with each day a separate offense. The Building Commissioner/Inspector of Buildings enforces and can elect noncriminal disposition under MGL c. 40, § 21D.

Sources & Official References

Other rules in Fall River

All Fall River rules

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