Noise Pollution - Legal Status

Legal Status

Governments up until the 1970s viewed noise as a "nuisance" rather than an environmental problem. In the United States, there are federal standards for highway and aircraft noise; states and local governments typically have very specific statutes on building codes, urban planning and roadway development.

Noise laws and ordinances vary widely among municipalities and indeed do not even exist in some cities. An ordinance may contain a general prohibition against making noise that is a nuisance, or it may set out specific guidelines for the level of noise allowable at certain times of the day and for certain activities.

Portland, Oregon instituted the first comprehensive noise code in 1975 with funding from the EPA (Environmental Protection Agency) and HUD (Housing and Urban Development). The Portland Noise Code includes potential fines of up to $5000 per infraction and is the basis for other major U.S. and Canadian city noise ordinances.

Many conflicts over noise pollution are handled by negotiation between the emitter and the receiver. Escalation procedures vary by country, and may include action in conjunction with local authorities, in particular the police.

Noise pollution is a major problem in countries like India during the festivals of Diwali, Navaratri and Ganpati. The Government of India has regulations against firecrackers and loudspeakers but enforcement is extremely lax. Awaaz Foundation is an Indian NGO working to control noise pollution from various sources in Mumbai through advocacy, public interest litigation, awareness and educational campaigns since 2003.