West Virginia Aircraft Noise (2026)

Aircraft Noise Federal Preemption in West Virginia

Few RestrictionsApplies statewide across West Virginia (2026)

Aircraft noise regulation in West Virginia is preempted by federal law under the Federal Aviation Act and Noise Control Act. Local and state attempts to set curfews, altitude limits, or operational restrictions on aircraft are generally invalid.

Key Facts

Federal authority: FAA preempts the field
Key statute: 49 U.S.C. 40103, 47521
Local rule status: Generally unenforceable
Complaint routing: FAA Regional Office

Source: Federal Aviation Administration

Full Breakdown

The Supreme Court held in City of Burbank v. Lockheed Air Terminal that the Federal Aviation Act of 1958, combined with the Noise Control Act of 1972, occupies the field of aircraft noise control. The FAA controls airspace, flight paths, takeoff and landing procedures, and noise standards for aircraft operating in or near airports. West Virginia municipalities and counties cannot enforce ordinances imposing curfews, decibel limits, or routing restrictions on aircraft in flight. Airport proprietors retain narrow authority to adopt nondiscriminatory noise rules through FAR Part 161 review, but private property owners and cities cannot regulate overflight noise.

Violations & Penalties

Local aircraft noise ordinances are unenforceable. Complaints route to the FAA Regional Office or airport proprietor; civil court remedies are limited.

Frequently Asked Questions

Can a West Virginia city impose an airport curfew?

Generally no. Curfews on aircraft are preempted unless adopted by the airport proprietor through the FAA Part 161 process, which requires extensive analysis and federal approval.

Where do I report aircraft noise in West Virginia?

File with the airport operator first (Yeager, Tri-State, Morgantown, etc.), then escalate to the FAA Eastern Regional Office. State and city noise ordinances do not apply to airborne aircraft.

Does federal preemption cover ground operations?

Ground noise like engine run-ups may have limited local regulation by the airport proprietor, but cities cannot regulate aircraft operations directly.