White Plains, MD asked in Agricultural Law, Environmental and Real Estate Law for Maryland

Q: What legal options exist in MD for noise disturbances from dirt bikes, ATVs, and firearm discharges near homes?

I live in a quiet community of homes adjacent to a farm in Maryland where dirt bikes and ATVs are ridden several times a week, causing significant noise disturbances. Additionally, firearms are being discharged at all hours of the night and day. All the neighbors are concerned, and we've discussed the issue with both the police and the person responsible, but the problem persists. What legal options do we have under Maryland noise nuisance laws to address this situation?

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James L. Arrasmith
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Answered

A: Legal Options for Addressing Noise Disturbances in Maryland

In Maryland, residential noise limits are set at 65 dBA during daytime hours (7:00 a.m. to 10:00 p.m.) and 55 dBA during nighttime hours (10:00 p.m. to 7:00 a.m.) for residential properties. Aacounty The persistent noise from dirt bikes, ATVs, and firearms discharge likely exceeds these limits and gives you several legal avenues to address these disturbances.

One effective legal remedy is pursuing a private nuisance lawsuit, which is one of the most common legal actions for noise disturbances. Legalmatch Since you've already attempted to resolve the issue through direct communication with the responsible party and by contacting local police, you can now escalate by documenting all noise incidents with dates, times, and recordings if possible. If successful in a nuisance lawsuit, you could obtain an injunction requiring the neighbor to stop the nuisance activities and potentially recover compensatory damages for the harm caused. Legalmatch

Another option is to work with your community collectively, as Maryland law allows for community associations to seek injunctive relief for nuisances that "significantly affect other residents" and "diminish neighboring property values." Justia Law Consider organizing your concerned neighbors to file a collective complaint with your local code enforcement office, as this approach often carries more weight than individual complaints. Some Maryland counties, like Talbot County, specifically prohibit "operating an off-road internal combustion engine powered vehicle for recreation purposes... closer than 300 feet to a neighboring residence" without written permission. Ecode360 Check your county's specific regulations, as they may provide additional protections beyond state law that would apply to your situation.

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