Hobbs v. City of Salida.
2025 CO 50. No. 23SC216. Noise Abatement Act—Statutory Interpretation—Public Health—Maximum Permissible Noise Levels—Preemption—Municipal Law.
September 8, 2025
The supreme court held that CRS § 25-12-103(11) requires a political subdivision to use property for a statutorily authorized event for its permittees to qualify for exemption from the statewide noise-level limits set forth in Colorado’s Noise Abatement Act (NAA), CRS §§ 25-12-101 to -110. Here, the permittee’s concerts weren’t held on property used by the City of Salida for a qualifying purpose, so the city didn’t have authority under § 25-12-103(11) to issue permits excusing the permittee’s NAA violations. Accordingly, the court reversed the judgment of the court of appeals and remanded the case to the district court to enter a declaratory judgment in Hobbs’s favor.