Regulatory scheme for noise enforcement in New Jersey

Abstract

In the state of New Jersey, noise control programs exist at the state, county, and municipal levels. The Noise Control Act of 1971 (N.J.S.A.13:1G‐1, et seq.) is the enabling legislation for the current statewide scheme of noise regulation, which empowered the New Jersey Department of Environmental Protection (DEP) to ‘‘promulgate codes, rules and regulations’’ to control and abate noise. Chapter 29, Noise Control (N.J.A.C. 7:29, et seq.) was adopted in 1974, regulating commercial, industrial, community, and public service facilities. Initially, the DEP conducted field enforcement of the code, but has since delegated the authority primarily to county enforcement programs, pursuant to the County Environmental Health Act (N.J.S.A. 20:3A2‐21, et seq.). Local agencies may enforce the state code by agreement with their county or alternatively may adopt the Model Ordinance promulgated by the DEP. The Model Ordinance regulates additional sound sources, including residential, multidwelling and multiuse buildings, and enumerates a list of Restricted Uses and Activities. The state code and Model Ordinance are performance codes which establish specific sound level limits, measured per established protocol. Local jurisdictions lacking the desire or capability of enforcing a performance code may choose to adopt and enforce a more subjective nuisance code.