Illinois Statewide Rule
Illinois Aircraft Noise Preempted by Federal Law
Key Facts
- Preemption source
- Federal Aviation Act
- State statute
- 620 ILCS 5
- Local authority
- None over flight
- Complaint route
- FAA and airport operator
Summary
Aircraft noise in Illinois is governed exclusively by federal aviation law, leaving cities and the state without authority to regulate flight operations or in-flight sound.
Sec. 15. Permanent noise monitoring reports. Beginning in 1993 and through 2008, the Division shall, on June 30th and December 31st of each year, prepare a permanent noise monitoring report and make the report available to the public. Beginning in 2009, the airport sponsor shall, on June 30th and December 31st of each year, prepare a permanent noise monitoring report and make the report available to the public.
Full Breakdown
Under the Federal Aviation Act (49 U.S.C. 40103) and the Airline Deregulation Act, the FAA holds exclusive authority over navigable airspace, flight paths, altitudes, and aircraft noise emissions. The Illinois Aeronautics Act (620 ILCS 5) recognizes federal supremacy and the Illinois Pollution Control Board's noise rules at 35 Ill. Adm. Code 901 do not apply to aircraft in flight. Municipalities cannot impose decibel limits, curfews, or routing rules on aircraft. Limited authority remains with airport proprietors subject to FAA approval under the Airport Noise and Capacity Act (49 U.S.C. 47521).
Violations & Penalties
Local ordinances attempting to regulate in-flight aircraft noise are unenforceable and may be enjoined in federal court. Residents must use FAA Part 150 studies or airport proprietor complaint channels.
Frequently Asked Questions
Can an Illinois city ban overnight flights at O'Hare or Midway?
Where do I report aircraft noise in Illinois?
Sources
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