A noise variance allows you to vary from the limits of the noise control code under specific circumstances, usually for a limited period of time.
There are four kinds of noise variances:
Temporary. We may grant a temporary variance for up to 14 days for an activity, use, process, or equipment that does not annoy a substantial number of people or endanger public health or safety.
Technical. We may grant a technical variance for a specified period of time in situations where noise 1) is unavoidable, 2) can’t be practically prevented or controlled, and 3) does not endanger public health or safety. We determine the period of time when we review your variance application.
Economic. We may grant an economic variance where measures to reduce noisy activities must be spread over a period of time because of their extent or cost. We will only grant economic variances if we conclude that the noise will not endanger public health or safety.
Major public project construction. We may grant these variances for projects that meet all of the following criteria:
In deciding whether a proposal is eligible for this variance, we consider:
The application fee for a noise variance is the DPD base fee. We may charge additional hourly review fees for technical, economic, and major public project construction variances. Please see our Fee Subtitle for current rates.
Temporary variance. You must tell neighboring, affected properties that you are applying for a noise variance 72 hours before your start date.
Major project variance. We may need several months to process your major project noise variance. How long it takes us to process your variance depends on the quality of your application. Major project variances can be appealed.
Temporary variances. If you need relief from nighttime noise restrictions, you need to submit a temporary noise variance application. Be sure to answer all questions and provide detailed information about your project, including your key contact information (phone, email, and mailing address).
There are two ways you can submit your application:
Economic, technical, or major public project construction variances. For application requirements for these variances, review Director’s Rule 3-2009, Variances from the Standards of the Noise or contact a Noise Abatement Coordinator.