Oregon Statewide Rule

Oregon Aircraft Noise State and Federal Preemption

Few RestrictionsApplies statewide across Oregon (2026)

Aircraft noise in Oregon is preempted by federal law and ORS Chapter 836, which gives the Oregon Department of Aviation regulatory authority over airports. Local ordinances cannot restrict overflight noise or set in-air sound limits.

Key Facts

Federal authority: FAA exclusive airspace
State statute: ORS 836.608
Local power: Ground zoning only
Drones: FAA preempted

Source: Oregon Public Law

Full Breakdown

ORS 836.608 grants the Oregon Department of Aviation authority over public-use airports and operations, working with the FAA's exclusive jurisdiction over navigable airspace under 49 USC 40103. Cities and counties cannot impose noise curfews on aircraft in flight, set decibel limits for overflights, or ban specific aircraft types. Local governments retain limited authority over airport ground operations and zoning around airports under ORS 836.610-836.630, but flight-path noise complaints must go through FAA Part 150 or Part 161 processes. Drone noise is similarly preempted under federal aviation rules.

Violations & Penalties

Local aircraft noise ordinances are void and unenforceable; FAA may withhold airport funding from non-compliant municipalities.

Frequently Asked Questions

Can my city ban late-night flights overhead?

No. Federal law and ORS 836 preempt municipal regulation of aircraft in flight. Curfews require an FAA Part 161 study and approval; cities cannot enact them unilaterally.

Where do I file an aircraft noise complaint?

Contact the airport operator first. For unresolved issues, file with the FAA Noise Complaint program or the Oregon Department of Aviation. Local noise ordinances do not apply to flight operations.

Sources

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