On January 17, 2023, Loudoun County voted to update Section 5.02.C of their Zoning Ordinance to require that all home sales within the Airport Impact Overlay District (“AIOD”) include a written notice to prospective buyers regarding the potential for airport noise near their homes. Previously, this requirement was only limited to new home sales; however, it now applies to resales as well. REALTORS® should be prepared to include this notice in their advertising and promotional materials for any home sales in the AIOD and to provide the notice to buyers.
To determine if a property is located within the AIOD, you can use this interactive map. The AIOD encompasses areas that are near the two airports in Loudoun County: Washington Dulles International Airport and Leesburg Municipal Airport. There are also three noise zones within the AIOD, separated by the yearly day-night average sound level (“Ldn”):
When listing a property in Loudoun County, REALTORS® should first check the map above to see if the home is located in the AIOD. If the property is within the boundaries of the AIOD, REALTORS® should then confirm which airport the property is closest to and which noise zone the property is in. With this information in hand, REALTORS® must then include the following language in any advertising or promotional material for the listing in such a way so that it is visible to prospective buyers:
NOTICE: The subject property is located within and subject to the Airport Impact Overlay District, [within one (1) mile of Ldn 60][Ldn 60-65][Ldn 65 or higher] aircraft noise impact area, under the Loudoun County Zoning Ordinance. The subject property is located within an area that has close proximity to [Washington Dulles International] [Leesburg Municipal] Airport and will be impacted by aircraft overflights and aircraft noise.
REALTORS® should only include the language in the brackets which best applies to the listing. NVAR has created form K1402 – Airport Impact Overlay District Disclosure Notice to fulfill the written notice requirement. This notice, which has been approved by the Loudoun County Zoning Administrator, must be given to all prospective purchasers in addition to being included in marketing materials.
For example, for a listing in Ashburn Village, REALTORS® should take the following steps:
Visit the interactive map on the Loudoun County government website and search the listing address.
Confirm whether the listing is in the AIOD, which is marked by the blue overlay on the map. Ashburn Village is in the AIOD.
Confirm which airport the listing is closest to. Ashburn Village is near Washington Dulles International Airport, which is the larger AIOD area.
Confirm which noise zone the listing is in. When hovering over Ashburn Village, the map states: “LD_NOISEZONE: LDN60.” The noise zone is Ldn 60-65.
Include the following language in the listing for the property: “NOTICE: The subject property is located within and subject to the Airport Impact Overlay District, Ldn 60-65 aircraft noise impact area, under the Loudoun County Zoning Ordinance. The subject property is located within an area that has close proximity to Washington Dulles International Airport and will be impacted by aircraft overflights and aircraft noise.” This notice should not be in the “agent remarks.”
Include the Notice language in your marketing materials for the property, such as flyers, postcards, social media posts, open house advertisements, etc.
When a prospective buyer contacts you about the listing, provide them with NVAR form K1402 – Airport Impact Overlay District Disclosure Notice.
Please note that this notice requirement does not apply to homes outside of Loudoun County. Additionally, even in Loudoun County, if the property is not within the AIOD, the notice does not need to be provided.
For further questions or if you are not sure if your listing is within the AIOD, please contact the Loudoun County Department of Planning and Zoning or visit this website for further information.