Apply for a Construction Noise Waiver

Need to carry out construction work outside of regular permitted hours? 

If so, you will need to apply for a construction Noise Waiver permit at least 15 business days prior to your proposed start date.   Noise waiver applications for construction work within the property are only being considered between 6 AM – 8 AM and 6 PM- 8 PM.  Noise waiver applications for overnight work, which is work performed between 6 PM – 8 AM, will only be considered for work on the right of way (sidewalks, streets, and medians) or emergency situations.

In line with City of Miami Code Sec.36-6 (c), noise waivers may be issued to eliminate or reduce any dangerous or hazardous condition which endangers life or property.  To facilitate the consideration of these requests, the City has created the Noise Waiver process.

Online

Determine Your Request

The city allows construction to take place Monday - Saturday from 8 AM to 6PM. If you need to work during prohibited hours or on a Sunday/federal holiday you must obtain a Noise Waiver permit before proceeding.  Read the below carefully.

  • For work being performed on the right of way (ROW) you must first contact the Department of Resilience and Public Works.  Additionally, you will need to attend the bi-weekly Public Works Maintenance of Traffic (MOT) meeting to obtain a recommendation for your proposed Noise Waiver application. MOT meeting contact Mr. Collin Worth, Project Manager E-Mail: cworth@miamigov.com
  • You will need to provide an active Public Works permit and an MOT plan when you apply for your noise waiver.
  • Work that applies to "inside property" construction only (i.e. no road closures) will require an active Building Permit number.

NOTE: You will need to submit your noise waiver application at least 15 business days before you plan to start after-hours work.  Incomplete applications will be returned, and the timeline will be adjusted accordingly.

Notify Neighbors

  • Before you apply for your noise waiver, you must first mail certified notification letters to properties located within a 500-foot radius of the project address, as well as the District Commissioner’s office.

  • The Notification Letters must include the name, cell number and email address of the project's 24-hour contact person. You may contact bprada@miamigov.com to obtain the list of addresses prior to mailing the Notification Letter.

  • You MUST get stamped and dated USPS receipts for these certified letters for submittal with your application.

Collect Information & Documents

The following information and documents are required to complete your application:

  • A site plan and location map.
  • Description of work to be performed outside allowable working hours and hazardous conditions that will be mitigated as a result.
  • Commencement date and duration of work.
  • Copy of active PW application/MDC permit/ FDOT permit and/or building permit number under which such work is being performed.
  • For road closure projects, your MOT plan must include legal description, block and plat information.
  • A copy of the completed notification letter and your certified mail receipts.
  • A Noise Control/Management Plan (NCMP): You must create a document outlining the strategies you will utilize to reduce noise pollution or to reduce the impact of that noise, whether outdoors or indoors. Your plan should include the following:
  • Contractor name, project name and location.
  • Detailed description of work to be performed outside normal work hours.
  • A list of 24-hour contacts for on-site personnel to address any concerns from City staff and neighboring properties.
  • Details of equipment that will be used during extended hours.
  • Details of vibratory control measures that will be implemented.
  • Details on how complaints will be resolved or mitigated.
  • Details on strategies that will be implemented to retrofit equipment and reduce noise generated.
  • Details on how noise levels will be monitored.

Remember to apply at least fifteen business days before you plan to start work.

Complete Noise Waiver Application

Await Response

Once your application is reviewed, you will receive confirmation from us via email within a week.  Please be advised, Noise Waivers are contingent upon City Manager’s approval. If you have any questions, you can email Bprada@miamigov.com .

IMPORTANT: Copies of approved construction noise waivers must be on site at all times and available if requested by any Police Officer or City official from Code Compliance, Public Works, or Building departments.

Renewals/Extensions:  If you need to extend your time, a new Noise Waiver request must be submitted at least 15 business days prior to the expiration of your current Noise Waiver.

Federally Designated Holidays:  

·       New Year’s Day

·       Martin Luther King’s Birthday

·       Presidents’ Day

·       Memorial Day

·       Juneteenth National Independence Day

·       Independence Day

·       Labor Day

·       Columbus Day

·       Veterans Day

·       Thanksgiving Day

·       Christmas Day

 

Date: March 18, 2024                                                                                                     
Bulletin No: 2024-001
Issued by:  Asael Ace Marrero, AIA, Director of Building

EFFECTIVE DATE:   Immediately

EXECUTIVE SUMMARY:   Establishing a policy for Noise Waiver permits within the City of Miami                                                                                                                                                                                  

POLICY

In the City of Miami, all construction projects on the ROW (right of way) may be required to obtain a Maintenance of Traffic (MOT) permit before proceeding. Regular construction activities are only allowed between the hours of 8:00 am and 6:00 pm Monday through Saturday.

Applications for Noise Waiver permits may require the submittal of an approved Building permit, active Public Works application, approved MDC permit, or approved FDOT permit.

Each permit application will be reviewed based on the location of the construction site, the distance to the property lines, the impact on adjacent properties, and the proximity to the public right of way. Noise Waivers are contingent upon City Administration approval.

NOISE WAIVER COMPLIANCE RULES

Noncompliance with the following requirements may result in a retraction of a current Noise Waiver and/or bar the applicant from requesting further or future Noise Waivers, as well as other penalties as enumerated in the City of Miami Code of Ordinances Section 36-6(C).

·       Reason for request must provide an explanation detailing how the Noise Waiver will eliminate or reduce any dangerous or hazardous condition which endangers life or property.

·       If required by the City of Miami Police Department and/or the Public Works Department, an Off-Duty Police Officer must be retained.

·       The back-up sound signal system for trucks and all other equipment and machinery must be retrofitted to emit only white noise and a construction company employee shall function as a flag/safety person for the duration of the time the Noise Waiver is required. If the equipment can’t be retrofitted to emit white noise, it may result in a violation and a subsequent revocation of Noise Waiver.

·       Sound dampening shrouds or other methods must be installed on the pitons of the concrete pump to reduce noise impact to neighbors.

·       Implementation of wind protection to prevent concrete spray must be demonstrated.

CONSEQUENCES FOR NONCOMPLIANCE

The following consequences will occur if complaints are received by a neighbor or observed by any City of Miami inspector.

·       1st verifiable infraction – a written notice of violation or a ticket warning letter will be provided to the project manager/superintendent.

·       2nd verifiable infraction – Code Enforcement fines for noise ordinance violation will be applied.

·       3rd verifiable infraction – revocation of Noise Waiver permit, reverting back to standard requirements in the noise ordinance.

 

THIS POLICY WILL GO INTO EFFECT IMMEDIATELY

 

 

Contact Us

Phone

305-416-1100

Email

constructionnoisewai@miamigov.com

Location

Miami

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