Can a statewide noise rule cover both urban and rural areas

Minnesota adopted a statewide noise rule in 1974. Statistical descriptors L10 and L50 for daytime and nighttime periods were established, along with a state law that no local government can adopt more stringent standards. While these are land use receiving standards, the rule is applied to noise generated by individual sources. The rule has worked well in urban environments but control of existing and new sources in rural environments has been problematical, both for generators and receptors of noise. The intent of the rule is to provide criteria that potential new development can take into account when proposing and designing new facilities, but in rural areas with very low ambient levels, the rule allows very large increases in sound level against which receptors have no recourse. Local governments have taken other approaches to control new sound sources by proposing acceptable increases over ambient noise level at receiving land uses or simply denying permits to new noise sources. Sources such as wind ...