T&E ITEM 1
Transportation, Infrastructure, Energy and Environment Committee
Faden, Senior Legislative Attorney
Bil16-1O, Noise Control
Arts and Entertainment Activities
Bill 6-10, Noise Control - Arts and Entertainment Activities, sponsored by
Councilmember Eirich and Council President Floreen, was introduced on March 2, 2010. A
public hearing was held on March 23 (see testimony, ©9-12).
Bill 6-10 would set different noise level standards for certain seasonal arts
and entertainment activities.
would also exempt noise levels created by those seasonal arts and
entertainment activities, up to a higher maximum level, from being treated as a noise
disturbance. In addition, a potential homebuyer would be notified about certain seasonal arts and
entertainment activities near those areas.
This Bill would allow a performing arts facility (such as, but not limited to, Strathmore
Hall) which conducts at least 5 outdoor arts and entertainment activities (such as concerts or
films) each year to, at its option, annually file a noise mitigation plan with the Department of
Environmental Protection (DEP). DEP would review but would not approve the plan. Having
filed the plan, the facility would then be subject to a higher maximum noise level from 11 a.m. to
p.m. during April through October
75 dBA versus the normal 65 (daytime) or 55
(nighttime) levels that apply to residential areas. If an arts facility conducts fewer than 5 outdoor
events, under the current law' it could apply for an event-by-event waiver, which is good for up
to 30 days, and would not have to file a noise mitigation plan.
Urban district redraft
On November 17, attorneys William Kominers and Robert
Brewer, on behalf respectively of the Bethesda and Silver Spring urban districts and the
Strathmore Hall Foundation, submitted the redraft on ©16-22 to Bill 6-IO's sponsors. This
• limit the scope of the seasonal activities provision to any "qualifying performing arts
facility" that is County-O\vned or -operated and designated by a Council resolution
after a public hearing, and delete the "more than 5 performances" requirement;
ISee County Code