Indiana Statewide Rule
Indiana Aircraft Noise Regulation and Federal Preemption
Key Facts
- Statute
- IC 8-21
- Federal preemption
- FAA controls flights
- Tall structures
- IC 8-21-10 zoning
- Local curfews
- Not permitted
Summary
Aircraft noise in Indiana is governed primarily by federal law and the FAA, with the state regulating airport zoning and tall structures under IC 8-21. Local Indiana governments cannot regulate aircraft operations or in-flight noise.
Unless: (1) a permit for construction in a noise sensitive area has been approved by the department; (2) the holder of a permit for construction in a noise sensitive area has filed a copy of the permit for construction in a noise sensitive area with the county recorder of the county in which the structure is located, as provided in subsection (d); and (3) a certified copy of the recorded permit for construction in a noise sensitive area, with the recording data from the county recorder on the copy of the permit, has been received by the department; a person may not erect a building used for a noise sensitive purpose within an area lying one thousand five hundred (1,500) feet on either side of the centerline and the extended centerline of a runway for a distance of one (1) nautical mile from the boundaries of any public use airport.
Full Breakdown
The federal Airline Deregulation Act and FAA control aircraft operations, flight paths, altitudes, and in-flight noise nationwide, preempting state and local regulation. Indiana Code Title 8 Article 21 governs aeronautics statewide, including airport licensing and tall-structure zoning around airports under IC 8-21-10 to keep airspace unobstructed. Counties and municipalities may adopt airport zoning ordinances under IC 8-21-10 only consistent with state and federal law. They cannot impose curfews, flight restrictions, or noise limits on aircraft in flight. Airport proprietors may adopt non-discriminatory noise abatement procedures with FAA approval.
Violations & Penalties
Local rules attempting to restrict aircraft operations, flight paths, or in-flight noise are preempted and unenforceable. Tall structure violations are Class B infractions under IC 8-21-10.
Frequently Asked Questions
Can my Indiana city impose a nighttime curfew on aircraft?
Where do I file an aircraft noise complaint in Indiana?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.