Topic:
ENVIRONMENTAL PROTECTION DEPARTMENT; LAND USE; NOISE CONTROL; RECREATION (GENERAL); ZONING;
Location:
POLLUTION - NOISE;

OLR Research Report


September 25, 2007

 

2007-R-0564

COMPLAINTS ABOUT NOISE

By: Daniel Duffy, Principal Analyst

You asked what regulations apply to a situation in which neighbors are complaining about the noise caused by a private social club's parties. You stated that the club, located in Burlington, does not hold a liquor permit.

There is a state noise standard, but enforcement is a local issue. State law authorizes (1) the Department of Environmental Protection (DEP) to adopt regulations covering stationary noise sources and (2) a municipality to adopt noise standards that are at least as stringent as the state standards (CGS §§ 22a-69 and 22a-73 and Conn. Agencies Regs. § 22a-69-1 et seq. ) The law requires the DEP commissioner to approve municipal standards.

The state regulations set maximum allowable levels for continuous noise that vary by land use classes. Class C areas, which include manufacturing, warehousing, and certain other businesses, cannot exceed maximum levels (as heard in residential areas) of 51 and 61 decibels (dB) during the night and day, respectively. In commercial and residential areas, the maximum allowable level is 45 decibels at night (10 p. m. to 7 a. m. ) and 55 dB during the day. The regulations also govern sudden, loud noises. The limit for this type of noise is 80 dB in class A (residential) areas at night and 100 dB at any time in any area. The regulations provide for various exceptions and exclusions from these limits, including farm equipment, airport, and construction noise (Conn. Agencies Regs. § 22a-69-1. 7 and 1. 8)

Burlington has adopted a noise standard as part of its zoning regulations. It states:

No noise that is objectionable due to intensity, intermittence, beat frequency or shrillness shall be transmitted outside the property where it originates. No noise shall be emitted beyond the boundaries of a parcel in excess of the noise levels established below:

Receptor Zone

 

Emitter's Zone

   

Industrial

Business

Residential or Agricultural

Residential

7 pm to 7 am

51 dBA

45 dBA

45 dBA

 

7 am to 7 pm

61 dBA

55 dBA

55 dBA

Business

 

66 dBA

62 dBA

55 dBA

Industrial

 

70 dBA

62 dBA

62 dBA

An exception may be provided for farm implements, farm animals, time signals, fire, police or ambulance sirens, the noise customarily involved in the use of home implements, the construction or demolition of buildings and other structures, site development in accordance with approved plans, blasting activities approved by the Fire Marshal, emptions in accordance with Regulations of the Connecticut Department of Environmental Protection, and aircraft operations in accordance with federal guidelines (Burlington Zoning Regulations, Chapter III-C).

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