Noise Control
Just as litter degrades the landscape of the community, noise degrades the soundscape. The U.S. Census Bureau's "Surveys of Neighborhood Problems," conducted over the past three decades, has consistently placed noise among the top four issues of concern.
Noise can interfere with normal residential and business activities. Persistent exposure can result in psychological stress and, at high enough levels, it can damage hearing.
What Constitutes a Noise Disturbance?
Noise events may occur at random -- on occasions when a code enforcement officer with a sound level meter is not available. For those occasions, County law has a provision establishing a noise disturbance violation. The noise disturbance criteria are more subjective, and dependent upon the observations and testimony of witnesses and/or a code enforcement officer.
A noise disturbance, as defined by the Montgomery County Noise Law (56KB, PDF), is any sound that is:
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Unpleasant, annoying, offensive, loud, or obnoxious
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Unusual for the time of day or location where it is produced or heard
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Detrimental to the health, comfort, or safety of any individual or to the reasonable enjoyment of property or the lawful conduct of business because of the loudness
Under the law, it is unlawful to create a noise disturbance anywhere during quiet hours, including multi-family buildings and townhouses. The nuisance provision prohibits some noise disturbances anywhere at any time.
*Noises associated with motorized vehicles (automobiles, trucks, motorcycles, dirt bikes and ATV’s) are regulated under the State Motor Vehicle Code by the Police, and not subject to enforcement under the Montgomery County Noise Control Law.
Download the County's noise brochure, A Sound Solution (685KB, PDF)
Interior Noise at Multifamily Properties
Montgomery County’s noise control law does not contain any specific sound limits applicable to internal noise between units in a multifamily property. Issues involving routine sounds associated with living in a multifamily setting, such as loud voices, heavy footsteps, doors slamming, dropping objects on the floor, children playing, or running pets are the responsibility of the building manager or property management company to resolve.
Please refer to your lease or the covenants for your condominium or cooperative housing association to understand the conditions related to the entitlement of peace and quiet enjoyment of your living space. Failure of the building manager or property management company to provide a living space without recurring sound-related disruptions may constitute a breach of the lease or association covenants.
The Montgomery County Office of Landlord-Tenant Affairs, 240-777-0311, can help with questions regarding your reasonable expectation of peace and quiet enjoyment of your living space.
|
Daytime:
Weekdays: 7am - 9pm;Weekends & Holidays: 9am - 9pm |
Nighttime:
Weekdays: 9pm - 7am;Weekends & Holidays: 9pm - 9am |
|
|---|---|---|
| Non-Residential | 67 dBA | 62 dBA |
| Residential | 65 dBA | 55 dBA |
Resolving Noise Control Issues
Step 1: Determine who to contact to report the issue:Contact MC311 to:
- Report noise violations occurring during regular business hours
- Report noise disturbances from trash collection during quiet hours
- Report noise disturbances from animals
Contact the police non-emergency line at 301-279-8000 if the noise disturbances happen outside of regular business hours.
Complete the Two-Party Noise Complaint Form for noise complaints that are not witnessed by an enforcement officer. The law has a unique provision allowing residents to file a complaint through the form.
More Things You Can Do to Reduce Noise Problems
Whether you live in a single-family home, a multi-family building, or a townhouse or condo, you can help maintain a quiet environment by following a few common-sense guidelines:
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Monitor the volume of TVs, stereos, radios, and other sound-producing electronics in and around your home, especially during quiet hours. Pay particular attention to bass controls.
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Use power tools in your home, garage, or outdoors only during daytime hours.
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Limit outdoor activities that might generate undue noise to daytime hours.
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Check central and window air-conditioning units periodically to make sure they're operating as quietly as possible.
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Take good care of your pets. A healthy dog receiving regular food, exercise, and proper shelter won't bark incessantly.
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Make sure your family and guests are aware of, and comply with, quiet hours.
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"Buy quiet" when selecting equipment and appliances.
Businesses can also be good neighbors and comply with County Law by limiting the following activities to daytime hours:
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Loading and unloading of goods and materials
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Use of electronic sound and public address equipment
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Use of power equipment mounted on motor vehicles
Also, keep noise control in mind when building or renovating and be sure to follow all the applicable regulations within the Noise Control Law.
It is also helpful to be mindful of noise throughout the day. Our community is changing because smart growth and land use planning is clustering development into multiple-use areas. Traditional residential areas now share space with a variety of commercial uses. There is a greater opportunity for business noise to be a disturbance to those living nearby. Further, an increasing number of people now run businesses from their homes or telecommute - a midweek afternoon lawn service might now interrupt an at-home teleconference.
How Is Noise Measured?
The standard unit by which sound is measured is the decibel (dB), a relative measure of sound intensity. Decibels are calculated on a logarithmic scale (meaning that a measure of 40 dB is 10 times greater than one of 30 dB). Some examples of typical situations and their corresponding decibel levels are:
| Situation | Level of Intensity (dBA*) |
|---|---|
| Whispering in an indoor location | 20 dBA |
| Average office environment | 50 dBA |
| Typical conversation speech | 50-70 dBA |
| Car horn (at 10 feet) | 100 dBA |
| Hard rock band (indoors) | 120 dBA |
| Physical pain threshold | 130 dBA |
| Jet engine | 140 dBA |
* Note: The Noise Law uses an A-weighted scale, measured in A-weighted decibels (dBA). A-weighting is an electronic approximation.
Intensity vs. Loudness
Decibels are a measure of sound intensity—the pressure of sound waves on the human ear. They provide a standardized, objective unit of measure and differ from a measure of the perceived "loudness" of a sound.
Loudness is a subjective measure because different people have different levels of hearing and don't experience sound in the same way. Someone who is hard of hearing, for example, might not perceive a jackhammer as loud while someone with excellent hearing could be disturbed by the same noise. Both people, however, would experience the same level of sound intensity.
Be Aware! When continuous exposure to sound reaches 85 dBA (as in a factory), there is a great risk of permanent hearing loss.
Procedures Governing the Measurement of Noise Levels by Montgomery County
During business hours, Code Enforcement personnel from the Department of Environmental Protection investigate complaints by using sound level meters to measure dBA levels at property lines. After regular business hours, the Noise Law allows police officers to issue citations for noise disturbances on their own judgment and with the testimony of witnesses.
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Regulations in Chapter 31B of Code of Montgomery County Regulations (COMCOR). Download the Montgomery County Noise Law (56KB, PDF).
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Noise measurements are taken with a sound level meter meeting Type II specifications. The meter shall be certified annually with equipment traceable to NIST and ANSI specification S1.4 (American National Standard Specification for Sound Level Meters)
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Measurements are taken at the property line of the alleged violator as to determine the maximum A-weighted (dBA) sound level, which can include upper floors of nearby habited structures. (One exception is where the law specifies otherwise – e.g., at least 50 feet from construction equipment.)
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Measurements shall not be conducted in the presence of wind speeds greater than 12 miles per hour, nor in the presence of precipitation or fog. No measurement shall be made closer than 3 feet to any large reflecting surface.
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Before citing a violation of a noise limit the regulation allows a 2.5 dBA grace to account for all possible inaccuracies
- The measurement of noise produced by motor vehicles in transit is prescribed by State and Federal Laws. Enforcement by police officers is provided for by State Law.
Types of Noise
Interior Noise
Montgomery County’s noise control law does not contain any specific sound limits applicable to internal noise. The sound limits established in the law are for external noise measured outside at the property line.
Issues involving routine sounds associated with living in a multifamily setting, such as loud voices, heavy footsteps, doors slamming, dropping objects on the floor, children playing, or running pets are the responsibility of the building manager or property management company to resolve.
Please refer to your lease or the covenants for your condominium or cooperative housing association to understand the conditions related to the entitlement of peace and quiet enjoyment of your living space. Failure of the building manager or property management company to provide a living space without recurring sound-related disruptions may constitute a breach of the lease or association covenants.
The Montgomery County Office of Landlord-Tenant Affairs, 240-777-0311, can help with questions regarding your reasonable expectation of peace and quiet enjoyment of your living space.
Music & PA Systems
Outdoor amplified sound can be a pleasurable experience at a restaurant, music event, or party, but it can create noise problems for surrounding neighbors if not adequately controlled. Other forms of amplified sound, such as an outdoor PA system used at a place of business or sporting event, can be another source of unwanted noise, which can sometimes carry a considerable distance from the source.
All outdoor amplified sound must comply with the decibel limits established in the Noise Control Law, which are measured at the nearest residential receiving property line. The established limits are:
|
Daytime:
Weekdays: 7am - 9pm ;Weekends & Holidays: 9am - 9pm |
Nighttime:
Weekdays: 9pm - 7am ; Weekends & Holidays: 9pm - 9am |
|
|---|---|---|
| Non-Residential | 67 dBA | 62 dBA |
| Residential | 65 dBA | 55 dBA |
Yard Maintenance & Leaf Blowers
The Montgomery County Noise Control Law limits the hours of the day during which power tools and lawn and garden equipment may be operated.-
All residential yard care and landscaping activities and commercial equipment operation may not begin until 7 a.m. weekdays and 9 a.m. on weekends and holidays.
Leaf Blower Noise
The primary noise concern related to landscaping and yard care is the use of leaf blowers that might cause unnecessary and unusual noise disturbances.
A leaf blower is defined as any portable device designed or intended to blow, vacuum, or move leaves or any other type of debris or material by generating a concentrated stream of air. Leaf blowers include devices or machines that accept vacuum attachments.
In July 1989, after extensive discussion, testimony, and public hearings, the Montgomery County Council amended the County Noise Law (Chapter 31B, Section 31B-11, Montgomery County Code) to specifically regulate noise from leaf blowers. The amendment became effective July 1, 1990. It was reconfirmed and included in the comprehensive revision of the Noise Control Law that became effective March 13, 1996.
Leaf Blower Standard
A person must not sell, buy, offer for sale, or use a leaf blower at any time that has an average sound level exceeding 70 dBA (A-weighted decibels) at a distance of 50 feet.
This requirement is in addition to any other noise level or noise disturbance standard that applies under the Noise Law. The Department of Environmental Protection (DEP) must apply the standard in accordance with the most current leaf blower testing standard of the American National Standards Institute (ANSI).
Manufacturers, distributors and retailers are encouraged to submit design and performance data to DEP on all units offered for sale in Montgomery County to demonstrate compliance with ANSI standard. They are further encouraged to conform to the labeling recommendations of the ANSI standard. Without such information and labeling, DEP may order suspension of sale of a specific unit until such test and performance data is obtained.
DEP may inspect—and on its request a person must produce—any leaf blower that is sold, offered for sale, or used in the County, to determine whether the leaf blower complies with the law. A person who relies in good faith on a manufacturer's written representation of the sound level of a leaf blower that has not been modified is not subject to a penalty for violation.
It is the intention of DEP to facilitate voluntary and amicable compliance with this Law among all concerned. However, upon conviction, violators are subject to a civil fine of $500 for the first offense, $750 for subsequent offenses, and other relief as allowed by law.
File a Complaint
- For more information, email DEP at askdep@montgomerycountymd.gov or contact 311.
- File a Two-Party Noise Complaint
Emergency Standby Electric Generators
Commercial buildings are required to have emergency standby generators to operate emergency lights, elevators, fire alarms and fire pumps during power outages. Also, in recent years it has become increasingly popular for homeowners to install emergency standby generators. Consequently, the number of noise complaints related to emergency standby generators has been steadily increasing.
Problems may be avoided through careful planning, design, equipment selection and installation. Almost all manufactured products, including generators, have noise performance specifications. Potential noise sources that can operate on a 24-hour basis, such as standby generators, are required to meet Montgomery County's more restrictive nighttime standard of 55 dBA (A-weighted decibels) at the nearest receiving residential property line.
Things to Consider when Planning for the Installation of an Emergency Standby Electric Generator:
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Purchase the quietest generator available. It is much easier to start with equipment that can meet the standard than try to retrofit equipment with noise suppression features later.
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The physical location of the generator should be chosen to minimize noise impacts to both on-site occupants and all nearby neighbors.
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The general rule of thumb is every time you double the distance from a point noise source you get a corresponding 6 dBA drop in sound pressure. Therefore, if the level is 62 dBA at 7 meters it would be 56 dBA at 14 meters, and 50 dBA at 28 meters, and so on. Noise measurements are typically taken from a complainant’s closest property line.
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Schedule the recommended periodic testing of generators to occur at times when building occupants and nearby neighbors are least likely to be disturbed.
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The regulations grant a 2.5 dBA allowance for any possible inaccuracies in the sound meter or the operator. The actual nighttime standard is therefore 57.5 dBA or lower.
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If distance is a restricting factor, consider constructing a noise barrier to reduce the sound. Several commercial "noise attenuation" or "acoustic enclosure" solutions are available.
DEP works with the Department of Permitting Services to distribute noise information with applications for permits to install electric generators. Ultimately it is the property owner’s responsibility to ensure the noise from their generator is in compliance with the nighttime decibel standard.
DEP does not make recommendations for makes and models of equipment that comply with the current nighttime decibel standard.
Questions about Electric Generators and Air Quality? Visit our outdoor air quality page.
Trash Collection
Trash companies and their employees are not allowed to collect solid wastes and recyclables in Montgomery County before 7 a.m. (9 a.m. on federal holidays and Sundays) or to collect after 9 p.m. on any day (Monday through Sunday, including federal holidays). However, collections may be made at any time from business establishments such as commercial, industrial, institutional, or other nonresidential use structures provided that there is no residential structure within 500 feet of the collection point.
The Solid Waste Ordinance allows trash collection to begin at 7 a.m. on Saturday, however please be aware the Quiet Hours mandated by the Montgomery County Noise Control Ordinance are in effect until 9 a.m. on Saturday. Therefore, trash collection between 7 a.m. and 9 a.m. on Saturday can result in creation of a noise disturbance, which can be a noise violation. Therefore, it is highly recommended that commercial trash collection be delayed until 9 a.m. when there are residences located within 500 feet of the collection point.
If you experience a trash collection noise problem during quiet hours, contact 311.
Parking Lot Noise
Commercial parking lot cleaning activities employ vacuum trucks and leaf blowers to collect and remove debris. Owners and property managers of commercial buildings and retail establishments generally prefer lot cleaning activities be performed after their business hours. This often times means that lot cleaning activities are occurring after 9 p.m. during quiet hours, and sometimes within close proximity to residences.
The maximum allowable sound levels, measured at the nearest receiving property line, are as follows:
|
Daytime:
Weekdays: 7am - 9pm ;Weekends & Holidays: 9am - 9pm |
Nighttime:
Weekdays: 9pm - 7am ; Weekends & Holidays: 9pm - 9am |
|
|---|---|---|
| Non-Residential | 67 dBA | 62 dBA |
| Residential | 65 dBA | 55 dBA |
While it is understandable that lot cleaning contractors may have to service a particular location during nighttime hours, there are things that can be done to minimize the impact of noise on nearby residences, which includes:
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Clean areas closest to residences as early as possible.
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Use non-motorized hand cleaning methods on areas closest to residences.
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Incorporate noise control considerations when bidding and/or soliciting new contracts.
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Communicate with the surrounding community.
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Select equipment for its low-noise-emission design.
For more information, email DEP at askdep@montgomerycountymd.gov or contact 311.
Construction Noise
Construction and development projects are by their nature not quiet. However, with careful planning and operation, it's possible to minimize potential noise disturbances from construction activities. Construction workers, contractors and engineers, should be aware of how activities are regulated under the Montgomery County Noise Control Law.