Montana Statewide Rule

Montana Aircraft Noise Federal Preemption Rule

Few RestrictionsApplies statewide across Montana (2026)

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.

Key Facts

Federal preemption: 49 U.S.C. 40103
State authority: MCA Title 67
Local flight rules: Generally preempted
Proprietor restrictions: Allowed if reasonable

Source: Montana Legislature

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?

No. Federal law preempts local regulation of aircraft in flight. Only the FAA can establish minimum altitudes and flight noise rules.

Who do I complain to about aircraft noise in Montana?

Contact the FAA Noise Complaint program for flight operations, or the local airport authority for ground-based noise like engine run-ups.

Sources

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