There’s much to look forward to in a new year, but for those concerned about Loudoun County’s Airport Impact Overlay District (AIOD), it’s time to take action. The County’s Board of Supervisors is scheduled to vote on this legislation at their January 17th meeting and it’s clear to the Loudoun Aircraft Noise Mitigation Committee (LANMC) that most of the Supervisors do not understand the property rights and legal implications of this legislation—legislation that is unfair and burdensome to Loudoun residents. So we ask that you read the information below and write the Board of Supervisors with your concerns.
Most people signed this petition because of the daily aircraft noise overhead. But that’s not the noise issue that is critical right now. What’s critical is the ambitious noise map that Dulles Airport created, which is the basis for the County’s overlay district and its zoning changes. We do live with aircraft noise, but it is not at the level this noise map indicates. This Dulles noise map is a capacity forecast—it is not a measurement of actual aircraft noise today or even in the foreseeable future. Instead, it plans for the noise of one million aircraft arrivals and departures each year. But here’s the problem: no airport in the world has ever crossed that number of plane movements. Currently, Dulles is not even in the top 20 of airports measured by that or any standard and has less than 300,000 plane movements annually. It could take into the next century to reach this level of plane traffic. So because it is not a realistic noise map based on current or near-term demand, the FAA does not recognize it—a fact stated in a letter to us and in a meeting with LANMC and the FAA’s top Eastern Region officials.
Because the County’s overlay district accepts this ambitious forecast of future plane noise as current reality, more than 47,000 property owners in Loudoun County would be saddled NOW with zoning restrictions and property rights limitations. Even worse, the County’s AIOD legislation requires current homeowners to bear ALL of the costs of noise insulation and sales disclosures themselves. The County’s AIOD legislation requires that homeowners whose properties are being moved into the LDN 65+ and LDN 60-65 noise contours pay for noise insulation and a certified acoustical engineer if they need to renovate or rebuild after a casualty. Which means all homes in these noise contours will be immediately and significantly underinsured as soon as this AIOD is approved—and possibly by as much as 25 percent!
Worse, by accepting this noise map as the basis for the overlay district, the County is closing the door to funding that residents would typically receive for noise insulation. The FAA considers homes in the LDN 65+ zone to be incompatible with overflights. So if any homes are in that contour, they can apply for funding from the FAA for noise insulation. But not if the FAA does not recognize the underlying noise map, as in our case. For homes in the LDN 60-65 contour, typically airports pay for noise insulation of those homes in exchange for the right to fly over those homes at low altitudes, creating a serious noise nuisance. That right is called an avigation easement, but the County’s legislation is waiving YOUR right to obtain an avigation easement in return for noise insulation funding from the airport.
Finally, all 47,000 property owners in this AIOD will be required to provide a sales disclosure about this overlay district, even though it’s based on a noise map that is untethered to current reality.
There are better solutions for Loudoun residents than this AIOD. LANMC is very grateful for the partnership of the Brambleton Community Association, which recently hired an aviation consultant and a property rights attorney to develop and advocate for these solutions. But for now, as we enter 2023 and an election year for the Board, you can let the Board know you are displeased with this AIOD and you are paying attention to their votes. Write the entire Board at bos@loudoun.gov and then plan to attend the January 17th hearing.