Oregon Statewide Rule

Oregon DEQ Industrial Noise Rules Statewide

Some RestrictionsApplies statewide across Oregon (2026)

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.

Key Facts

Rule: OAR 340-035-0035
Daytime limit: 55 dBA typical
Nighttime limit: 50 dBA typical
Enforcement: Defunded 1991

Source: Oregon Public Law

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?

Yes. OAR 340-035 remains in effect though DEQ stopped active enforcement in 1991. Cities, LUBA, and private plaintiffs still cite the standards in land use and nuisance proceedings.

Who enforces industrial noise complaints today?

Local code enforcement and private nuisance lawsuits primarily. DEQ accepts complaints but lacks enforcement staff. Land use appeals to LUBA can challenge industrial siting using DEQ noise standards.

Sources

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