Colorado § 25-12-103 - Maximum permissible noise levels.

§ 25-12-103. Maximum permissible noise levels.

(1) Every activity to which this article is applicable shall be conducted in a manner so that any noise produced is not objectionable due to intermittence, beat frequency, or shrillness. Sound levels of noise radiating from a property line at a distance of twenty-five feet or more therefrom in excess of the db(A) established for the following time periods and zones shall constitute prima facie evidence that such noise is a public nuisance:

7:00 a.m. to ​

7:00 p.m. to ​

Zone ​

next 7:00 p.m. ​

next 7:00 a.m. ​

Residential

55 db(A)

50 db(A)

Commercial

60 db(A)

55 db(A)

Light industrial

70 db(A)

65 db(A)

Industrial

80 db(A)

75 db(A)

(2) In the hours between 7:00 a.m. and the next 7:00 p.m., the noise levels permitted in subsection (1) of this section may be increased by ten db(A) for a period of not to exceed fifteen minutes in any one-hour period.

(3) Periodic, impulsive, or shrill noises shall be considered a public nuisance when such noises are at a sound level of five db(A) less than those listed in subsection (1) of this section.

(4) This article is not intended to apply to the operation of aircraft or to other activities which are subject to federal law with respect to noise control.

(5) Construction projects shall be subject to the maximum permissible noise levels specified for industrial zones for the period within which construction is to be completed pursuant to any applicable construction permit issued by proper authority or, if no time limitation is imposed, for a reasonable period of time for completion of project.

(6) All railroad rights-of-way shall be considered as industrial zones for the purposes of this article, and the operation of trains shall be subject to the maximum permissible noise levels specified for such zone.

(7) This article is not applicable to the use of property for purposes of conducting speed or endurance events involving motor or other vehicles, but such exception is effective only during the specific period of time within which such use of the property is authorized by the political subdivision or governmental agency having lawful jurisdiction to authorize such use.

(8) For the purposes of this article, measurements with sound level meters shall be made when the wind velocity at the time and place of such measurement is not more than five miles per hour.

(9) In all sound level measurements, consideration shall be given to the effect of the ambient noise level created by the encompassing noise of the environment from all sources at the time and place of such sound level measurement.

(10) This article is not applicable to the use of property for the purpose of manufacturing, maintaining, or grooming machine-made snow. This subsection (10) shall not be construed to preempt or limit the authority of any political subdivision having jurisdiction to regulate noise abatement.

(11) This article is not applicable to the use of property by this state, any political subdivision of this state, or any other entity not organized for profit, including, but not limited to, nonprofit corporations, or any of their lessees, licensees, or permittees, for the purpose of promoting, producing, or holding cultural, entertainment, athletic, or patriotic events, including, but not limited to, concerts, music festivals, and fireworks displays. This subsection (11) shall not be construed to preempt or limit the authority of any political subdivision having jurisdiction to regulate noise abatement.

(12) (a) Notwithstanding subsection (1) of this section, the public utilities commission may determine, while reviewing utility applications for certificates of public convenience and necessity for electric transmission facilities, whether projected noise levels for electric transmission facilities are reasonable. Such determination shall take into account concerns raised by participants in the commission proceeding and the alternatives available to a utility to meet the need for electric transmission facilities. When applying, the utility shall provide notice of its application to all municipalities and counties where the proposed electric transmission facilities will be located. The public utilities commission shall afford the public an opportunity to participate in all proceedings in which permissible noise levels are established according to the "Public Utilities Law", articles 1 to 7 of title 40, C.R.S.

(b) Because of the statewide need for reliable electric service and the public benefit provided by electric transmission facilities, notwithstanding any other provision of law, no municipality or county may adopt an ordinance or resolution setting noise standards for electric transmission facilities that are more restrictive than this subsection (12). The owner or operator of an electric transmission facility shall not be liable in a civil action based upon noise emitted by electric transmission facilities that comply with this subsection (12).

(c) For the purposes of this section:

(I) "Electric transmission facility" means a power line or other facility that transmits electrical current and operates at a voltage level greater than or equal to 44 kilovolts.

(II) "Rights-of-way for electric transmission facilities" means all property rights and interests obtained by the owner or operator of an electric transmission facility for the purpose of constructing, maintaining, or operating the electric transmission facility.

Source: L. 71: p. 648, § 1. C.R.S. 1963: § 66-35-3. L. 82: (10) added, p. 424, § 1, effective March 11. L. 87: (11) added, p. 1154, § 1, effective May 20. L. 2004: (12) added, p. 736, § 2, effective July 1.

Cross references: For the legislative declaration contained in the 2004 act enacting subsection (12), see section 1 of chapter 219, Session Laws of Colorado 2004.

ANNOTATION

The general assembly intended that the exemption in subsection (11) apply to property that the state, localities, and nonprofit entities use, and to lessees, licensees, or permittees of those entities for a qualifying event. Lessees, licensees, and permittees are exempted from this article only to the extent that they are involved in a state's, political subdivision's, or other nonprofit entity's use of property. Freed v. Bonfire Entm't LLC, 2024 COA 65, 556 P.3d 817; Hobbs v. City of Salida, 2025 CO 50, 576 P.3d 164.

The reference to "any of their lessees, licensees, or permittees" does not modify only the immediately preceding entity -- "any other entity not organized for profit, including, but not limited to, nonprofit corporations". Hobbs v. City of Salida, 2024 COA 25, 550 P.3d 193, rev'd on other grounds, 2025 CO 50, 576 P.3d 164; Freed v. Bonfire Entm't LLC, 2024 COA 65, 556 P.3d 817.

The phrase "any of their lessees, licensees, or permittees" modifies each of the preceding entities: the state, political subdivisions of the state, and nonprofit entities. Hobbs v. City of Salida, 2024 COA 25, 550 P.3d 193, rev'd on other grounds, 2025 CO 50, 576 P.3d 164; Freed v. Bonfire Entm't LLC, 2024 COA 65, 556 P.3d 817.

The general assembly did not intend for the exemption in subsection (11) to apply to a private entity's music festival simply because the private entity secured a local amplified noise permit; the property subject to the permit must be used by the statutorily authorized permitting entity. Freed v. Bonfire Entm't LLC, 2024 COA 65, 556 P.3d 817.

Subsection (11) does not require any of the stated entities to own the property they use to qualify for the exemption. Hobbs v. City of Salida, 2024 COA 25, 550 P.3d 193, rev'd on other grounds, 2025 CO 50, 576 P.3d 164; Freed v. Bonfire Entm't LLC, 2024 COA 65, 556 P.3d 817.

The exemption in subsection (11) is not limited to concerts performed on land owned by a political subdivision. The exemption refers broadly to the "use of property" without any restriction with respect to who owns the property. Hobbs v. City of Salida, 2024 COA 25, 550 P.3d 193, rev'd on other grounds, 2025 CO 50, 576 P.3d 164.

And permitted property owners include the political subdivision's permittees. Hobbs v. City of Salida, 2024 COA 25, 550 P.3d 193, rev'd on other grounds, 2025 CO 50, 576 P.3d 164.

Subsection (11) does not require permittees to be a nonprofit entity or nonprofit corporation to fall within the exemption. Freed v. Bonfire Entm't LLC, 2024 COA 65, 556 P.3d 817.

Subsection (11) does not preclude issuing permits to for-profit entities. The statute applies broadly to the state, its political subdivisions, and nonprofit entities. But the statute also applies to "any of their lessees, licensees, or permittees" and does not limit or define what type of entities fall within the permittee's status. Freed v. Bonfire Entm't LLC, 2024 COA 65, 556 P.3d 817.

Political subdivision did not have authority under subsection (11) to issue a permit that allows the permittee to exceed the noise-level limits in this section because the permittee's concerts were not held on property used by the political subdivision for a qualifying purpose. The legislative intent of subsection (11) was to exempt the subordinate entitles from the noise limits only when the subordinate entity is associated with a primary entity's use of the property to hold a qualifying event. Hobbs v. City of Salida, 2025 CO 50, 576 P.3d 164.

Residential development of property is not precluded when noise emanating onto property exceeds limits set forth in this section. Einarsen v. City of Wheat Ridge, 43 Colo. App. 232, 604 P.2d 691 (1979).

Trier of fact to determine mode to use in measuring noise. Davis v. Izaak Walton League of Am., 717 P.2d 984 (Colo. App. 1985).

Applied in City of Lakewood v. DeRoos, 631 P.2d 1140 (Colo. App. 1981).