Montana Statewide Rule
Montana Aircraft Noise Federal Preemption Rule
Key Facts
- Federal preemption
- 49 U.S.C. 40103
- State authority
- MCA Title 67
- Local flight rules
- Generally preempted
- Proprietor restrictions
- Allowed if reasonable
Summary
Aircraft noise in Montana is governed almost entirely by federal law under the Federal Aviation Act and FAA regulations. State and local authorities generally cannot regulate flight operations, altitudes, or in-flight noise. Montana airports may impose proprietor-based restrictions consistent with federal law under MCA Title 67.
(6) After the designation of an airport affected area, a person may not recover from a local government, an airport authority, an airport operator, or an airport owner damages caused by noise, fumes, vibrations, light, or any other effects from normal and anticipated normal airport operations.
Full Breakdown
Federal law preempts state and local regulation of aircraft in flight, including noise from overflights, takeoffs, and landings. The FAA holds exclusive authority over navigable airspace under 49 U.S.C. 40103. Montana statutes in Title 67 authorize municipal airport authorities to operate facilities but cannot conflict with federal noise rules. Airport proprietors may adopt reasonable, nondiscriminatory noise restrictions on their own property under the Airport Noise and Capacity Act of 1990. Cities cannot impose flight curfews or noise limits on aircraft operations independently. Ground-based airport activities like engine run-ups may be subject to local nuisance ordinances.
Violations & Penalties
Federal violations enforced by FAA. State trespass or nuisance claims for ground operations may apply but cannot regulate flight operations.
Frequently Asked Questions
Can a Montana city ban low-flying aircraft over neighborhoods?
Who do I complain to about aircraft noise in Montana?
Sources
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