Michigan Statewide Rule
Michigan Aircraft Noise Regulation Under State Aeronautics Code
Key Facts
- State Preemption
- Aircraft noise
- Local Authority
- Airspace zoning only
- Federal Layer
- FAA controls airspace
- Governing Statute
- MCL 259.1 et seq.
Summary
Michigan's Aeronautics Code preempts local regulation of aircraft operations and noise, leaving control over aircraft noise to state and federal authorities under MCL 259.1 et seq.
259.305 Political subdivision; ordinance, regulation, or resolution limitations; powers; federal preemption; conflict with other sections of law; petition for fixed site facility designation; applicability. Sec. 5. (1) Except as expressly authorized by statute, a political subdivision shall not enact or enforce an ordinance or resolution that regulates the ownership or operation of unmanned aircraft or otherwise engage in the regulation of the ownership or operation of unmanned aircraft. (2) Subject to subsection (6), a political subdivision that prohibits by ordinance, regulation, or resolution the operation of nonemergency motor vehicles in the political subdivision may enact and enforce an ordinance, regulation, or resolution that is necessary and proper to prohibit the knowing and intentional operation of an unmanned aircraft in a manner that interferes with the safe use of a horse in a commercial activity, including, but not limited to, the use of horse-drawn carriages, wagons, or carts or horse-riding activities. An ordinance, regulation, or resolution adopted under this subsection must allow for the operation of an unmanned aircraft for any of the following purposes if that operation does not result in a knowing and intentional interference with the safe use of a horse in a commercial activity as described in this subsection and is in compliance with the regulations, authorizations, or exemptions of the United States Federal Aviation Administration:
Full Breakdown
The Michigan Aeronautics Code (MCL 259.1 et seq.) vests authority over aircraft operations in the state and the Federal Aviation Administration. Local airport zoning, adopted under the Airport Zoning Act, 1950 (Ex Sess) PA 23, MCL 259.431 et seq., is limited to protecting airspace, not regulating aircraft noise or flight operations. Municipalities cannot impose curfews, takeoff and landing restrictions, or in-flight noise limits. Federal preemption under the Airline Deregulation Act and FAA authority over navigable airspace further limit local action. Ground-based airport noise may be subject to state environmental review.
Violations & Penalties
Local ordinances attempting to regulate aircraft noise are unenforceable and preempted; enforcement of state aeronautics standards rests with the MDOT Office of Aeronautics and the FAA, not local governments.
Frequently Asked Questions
Can a Michigan city set aircraft curfews at its local airport?
Where do I report excessive aircraft noise in Michigan?
Does Michigan regulate drone noise?
Sources
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