Oregon Statewide Rule
Oregon DEQ Industrial Noise Rules Statewide
Key Facts
- Rule
- OAR 340-035-0035
- Daytime limit
- 55 dBA typical
- Nighttime limit
- 50 dBA typical
- Enforcement
- Defunded 1991
Summary
Oregon DEQ adopted statewide industrial noise standards under OAR 340-035-0035, setting maximum allowable decibel limits for new and existing industrial sources. While DEQ enforcement was defunded in 1991, the rules remain on the books and are referenced statewide.
467.020 Prohibition on emission of noise in excess of prescribed levels. Except as provided in ORS 467.131 and 467.133, no person may emit, cause the emission of, or permit the emission of noise in excess of the levels fixed therefor by the Environmental Quality Commission pursuant to ORS 467.030.
Full Breakdown
OAR 340-035-0035 establishes maximum permissible noise levels for industrial and commercial noise sources, generally 55 dBA daytime and 50 dBA nighttime at noise-sensitive properties. Authority comes from ORS 467.030. The Department of Environmental Quality stopped active enforcement in 1991 due to budget cuts, but the standards remain enforceable through citizen suits and as reference standards in local nuisance cases. Many cities incorporate the OAR limits by reference. Land Use Board of Appeals decisions still apply DEQ standards in siting reviews. Industrial sources should treat the standards as binding for permitting purposes.
Violations & Penalties
Civil penalties up to $10,000 per day under ORS 468.140 if DEQ enforces; private nuisance actions and LUBA appeals remain available.
Frequently Asked Questions
Are Oregon's industrial noise rules still legally binding?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.