SB26-098 & The Noise Abatement Act

Media Coverage and Other Resources

BACKGROUND

Bipartisan Origins

In 1971, the Colorado General Assembly enacted the Colorado Noise Abatement Act (NAA) with overwhelming bipartisan support. The law reflected a shared understanding that noise is a "major source of environmental pollution which represents a threat to the serenity and quality of life in the state of Colorado." By passing the legislation with a broad supermajority, lawmakers signaled that noise regulation was a priority across party lines.

Uniform Statewide Standards

The NAA established statewide maximum permissible sound levels for different types of properties and times of day, including residential, commercial, and industrial zones. By creating uniform statewide standards rather than leaving regulation entirely to local governments, the law ensured that residents throughout Colorado would receive consistent protections.

Citizen Enforcement

A key feature of the NAA is its provision for citizen enforcement. Individuals who are affected by violations of the noise limits are empowered to seek remedies in court. Providing residents with a direct mechanism to protect their rights reflects the legislature’s recognition of the severity of excessive noise.

Exemptions for Public and Nonprofit Use

Under the NAA, certain government and nonprofit properties may be granted exemptions from some noise restrictions. These measures accommodate public and charitable functions.

Hobbs v. City of Salida

In September 2025, the Colorado Supreme Court issued a decision in Hobbs v. City of Salida that clarified the application of the 1971 Noise Abatement Act. The Court determined that local governments do not have authority to permit private, for-profit entities to exceed statewide noise limits, reaffirming the legislature’s intent to provide uniform protections for all residents.

Longstanding Protections

For over fifty years, the Noise Abatement Act has provided Colorado residents with clear protections against excessive noise, combining statewide standards, citizen enforcement rights, and carefully defined exemptions for certain government and nonprofit activities.

SB26-098

Overview

Colorado Senate Bill 26-098 (SB26-098) was introduced on February 11, 2026. Prime sponsors for this bill are Senator Larry Liston, Senator Matt Ball, Representative Brooks, and Representative Lindsay.

Implications

SB26-098 would give local governments additional authority to grant exemptions from the statewide noise limits to for-profit businesses. If enacted, it would modify the current uniform framework of the NAA, which applies consistent protections to all residents while allowing only narrowly defined exemptions, such as for properties affliated with governement or non-profits.

THE CASE AGAINST SB26-098

Public Health and Well-Being

Excessive noise is a form of pollution that can harm physical and mental health, just like air or water pollution. When the Colorado General Assembly enacted the Noise Abatement Act in 1971, lawmakers had sufficient evidence to conclude that excessive noise has adverse physiological and psychological effects on humans. Since then, scientific and medical research has only strengthened this understanding. Children, seniors, veterans, and people with sensory sensitivities or PTSD are particularly vulnerable. Removing statewide noise protections would make it harder to safeguard residents from these well-documented health impacts.

Environmental and Animal Concerns

Noise pollution affects more than humans. Sound pollution degrades ecosystems, especially in wildland-urban interface areas and conservation zones. Domestic animals are also impacted. Excessive noise can cause panic, stress, seizures, aggression, or trauma in pets. Colorado’s environmental laws already recognize noise as a pollutant, and statewide protections help prevent harm for both wildlife and domestic animals.

Property Rights and Quality of Life

Residents have a fundamental right to the peaceful use of their homes. Loud events permitted by local governments can erode this right, disrupt neighborhoods, and reduce property values. Without statewide limits, families lose both peace and legal recourse, while promoters gain the ability to operate with minimal oversight. State protections give residents clear remedies and maintain the value and enjoyment of their property.

Enforcement and Accountability

Statewide standards provide objective decibel limits that both police and residents can enforce. Local permits could vary widely and may lack clear enforcement tools. SB26-098 would make enforcement dependent on local politics rather than public health science, increasing conflicts and leaving residents with fewer remedies.

Corporate Influence and Public Interest

SB26-098 appears to respond primarily to industry lobbying rather than public health concerns. The bill prioritizes corporate interests over neighborhood well-being, giving businesses greater flexibility at the expense of residents’ peace and health. Statewide protections help ensure that families are not forced to “compete” with corporate noise for a safe and restful environment.

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