Texas Statewide Rule

Aircraft Noise Federally Preempted Across Texas

Few RestrictionsApplies statewide across Texas (2026)

Aircraft noise in flight is regulated exclusively by the FAA under federal law (49 U.S.C. 40103, 14 CFR Part 36, 91, 150). Texas cities and counties cannot impose noise limits on aircraft operations, though they may regulate ground-based airport activities through Texas Transportation Code Chapter 22.

Key Facts

Primary authority: FAA / federal preemption
State framework: TX Transp. Code Ch. 22
Local noise ordinances: Do not apply to aircraft
Complaint route: FAA Noise Portal
Airport curfews: Require FAA Part 161 approval

Source: Texas Statutes

Full Breakdown

Federal courts have repeatedly held that the Federal Aviation Act and Airline Deregulation Act preempt state and local regulation of aircraft noise in navigable airspace. Texas municipalities therefore cannot enforce general noise ordinances against airplanes, helicopters, or drones operating under FAA rules. Local airport proprietors can adopt reasonable, nondiscriminatory restrictions on ground operations, runway use, and curfews only if they comply with the federal Airport Noise and Capacity Act of 1990 and FAA Part 161. Texas Transportation Code Chapter 22 grants municipalities authority to operate airports, acquire avigation easements, and zone for airport hazards consistent with federal law. Noise complaints are handled through the FAA Noise Portal or local airport noise offices.

Violations & Penalties

Local police cannot cite pilots for aircraft noise. Improper airport restrictions adopted without FAA approval are unenforceable and can trigger federal injunctions and loss of FAA grant funding.

Frequently Asked Questions

Can a Texas city ticket a helicopter or plane for being too loud?

No. Aircraft noise in the air is preempted by federal law. Local noise ordinances apply only to ground sources like vehicles, machinery, and amplified sound, not to FAA-regulated aircraft operations.

Where do I report aircraft noise in Texas?

File complaints with the FAA Noise Portal at noise.faa.gov or contact the noise office of the specific airport. Local police and code enforcement do not have jurisdiction over aircraft noise.

Can a Texas airport set a nighttime curfew?

Only if the curfew is approved through the FAA's Part 161 process under the Airport Noise and Capacity Act, or grandfathered before 1990. Self-imposed curfews are otherwise federally preempted.

Sources

Texas Transportation Code Chapter 22 - Municipal Airports

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.

Aircraft Noise Federally Preempted Across Texas

Few RestrictionsApplies statewide across Texas (2026)

Full Breakdown

Frequently Asked Questions

Can a Texas city ticket a helicopter or plane for being too loud?

No. Aircraft noise in the air is preempted by federal law. Local noise ordinances apply only to ground sources like vehicles, machinery, and amplified sound, not to FAA-regulated aircraft operations.

Where do I report aircraft noise in Texas?

File complaints with the FAA Noise Portal at noise.faa.gov or contact the noise office of the specific airport. Local police and code enforcement do not have jurisdiction over aircraft noise.

Can a Texas airport set a nighttime curfew?

Only if the curfew is approved through the FAA's Part 161 process under the Airport Noise and Capacity Act, or grandfathered before 1990. Self-imposed curfews are otherwise federally preempted.