New Jersey Aircraft Noise Federally Preempted Statewide

Under the Federal Aviation Act and the Airline Deregulation Act, the FAA has exclusive authority over navigable airspace, flight paths, altitudes, and aircraft noise emissions. NJ courts and the NJDEP Noise Control Code at N.J.A.C. 7:29-1.4 expressly exclude aircraft in flight from state and local noise regulation. Municipalities cannot impose curfews, decibel limits, or routing restrictions on aircraft. Limited authority remains for airport proprietors and for ground operations on airport property, subject to FAA approval under 49 U.S.C. 47521 (ANCA).

Local ordinances attempting to regulate aircraft noise are unenforceable and subject to federal injunction. Affected residents must pursue FAA Part 150 noise studies or proprietor remedies.