Connecticut Statewide Rule
Connecticut Aircraft Noise Federally Preempted Statewide
Key Facts
- Federal law
- ANCA, 49 USC 47521
- Preempts
- State and local rules
- FAA authority
- 14 CFR Part 161
- Key case
- Tweed-New Haven v. Tong
- Local control
- Effectively none
Summary
Aircraft noise regulation in Connecticut is preempted by the federal Airport Noise and Capacity Act and FAA authority. Neither cities nor the state may impose flight path or operational noise restrictions; only airport proprietors may set limited, FAA-approved restrictions.
Sec. 22a-69. State-wide program of noise regulation. (a) The commissioner may develop, adopt, maintain and enforce a comprehensive state-wide program of noise regulation which may include, but need not be limited to the following: (1) Controls on environmental noise through the regulation and restriction of the use and operation of any stationary noise source; (2) ambient noise standards for stationary noise sources which in the commissioner's judgment are major sources of noise when measured from beyond the property line of such source and such standards shall be feasible and requisite to protect the public health, safety and welfare; such standards may include, but need not be limited to, adoption by reference of standards or regulations adopted by the administrator of the United States Environmental Protection Agency pursuant to the Noise Control Act of 1972 (P.L. 92-574) or any amendment thereto; (3) consultation with state and local governmental agencies when such agencies adopt and enforce codes, standards and regulations dealing with noise insulation and abatement for any occupancy or class of occupancy; (4) controls on airport and aircraft noise to the extent not preempted by federal law; nor shall the state preempt power of local governments, in their capacity as proprietors of airports or under police powers.
Full Breakdown
Federal law occupies the field of aircraft noise and operations. The Airport Noise and Capacity Act of 1990 (49 USC 47521 et seq.) and FAA regulations preempt state and municipal attempts to regulate aircraft in flight, takeoff, or landing noise. The Second Circuit confirmed this preemption in Tweed-New Haven Airport Authority v. Tong, striking a Connecticut statute restricting runway expansion. Connecticut municipalities therefore cannot enforce noise ordinances against overflights or airport operations. Airport proprietors may impose limited Stage 3 access restrictions only after FAA review under 14 CFR Part 161. Ground-based airport activities outside aircraft operations remain subject to general state and local noise rules.
Violations & Penalties
Local ordinances purporting to regulate aircraft noise are unenforceable and subject to federal preemption challenge; airports violating ANCA risk loss of federal airport funding under 49 USC 47524.
Frequently Asked Questions
Can a Connecticut town pass a curfew on overflights?
Where do I complain about aircraft noise in Connecticut?
Sources
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