South Carolina Aircraft Noise Federal Preemption

Under the Federal Aviation Act of 1958 (49 U.S.C. Section 40103) and the Airline Deregulation Act, the FAA has exclusive authority over navigable airspace, flight paths, altitudes, and aircraft noise emissions. South Carolina jurisdictions cannot impose curfews, flight-path restrictions, or operational noise limits on aircraft in flight. Limited local authority exists only over airport proprietor decisions (e.g., runway use restrictions adopted by the airport owner under FAA approval per 14 CFR Part 161). Ground-based airport noise complaints typically follow FAA Part 150 noise compatibility studies.

Local ordinances attempting to regulate in-flight aircraft noise are unenforceable and subject to federal preemption challenges; FAA is the exclusive enforcement authority for flight operations.