NEWS ■

NEW NOISE EMISSION STANDARD FOR FIXED SOURCES

On February 27, 2026, Supreme Decree No. 14 of 2024 of the Ministerio del Medio Ambiente (“DS No. 14/2024”) was published in the Official Gazette. This new regulation establishes a noise emission standard for fixed sources and was issued following the review of Supreme Decree No. 38 of 2011, which it repeals.

Below are the main aspects of this new noise emission standard:

  1. REGULATED SOURCES

DS No. 14/2024 applies to fixed noise sources, defined as any activity, process, operation, movement, or execution of works carried out within a specific property, facility, or establishment that generates noise emissions affecting the community, including:

  • • Productive activities.
  • • Commercial activities.
  • • Recreational activities.
  • • Service activities.
  • • Construction works.
  • • Infrastructure components (energy, sanitation, transportation, telecommunications, among others).

Certain devices—such as machinery, engines, HVAC equipment, among others—will also be considered fixed noise sources, even when operating within residential dwellings or buildings, whether or not organized as condominiums.

  1. DETERMINATION OF URBAN ZONING

While maintaining the applicable noise emission limits for each urban zone defined in the regulation (Zones I to IV), DS No. 14/2024 clarifies the combinations of land uses corresponding to each zone. It also incorporates supplementary rules for special cases not expressly regulated and establishes interpretation mechanisms to address disputes regarding land-use classifications.

  1. 3. REGULATION OF NOISE IN RURAL AREAS

The regulation extends the minimum background noise measurement period required to determine applicable emission limits in rural areas. Additionally, it introduces a stratified system of limits based on the existing rural background noise level.

For projects or activities submitted to the Environmental Impact Assessment System (Sistema de Evaluación de Impacto Ambiental – “SEIA”), specifically regarding receptors located in rural areas, the applicable rural background noise level will be that established during the environmental assessment process or in the respective Environmental Qualification Resolution.

  1. MEASUREMENT METHODS AND CORRECTIONS

The regulation updates noise measurement methodologies and incorporates a specific methodology for wind farms.

It also introduces new corrections for impulsive noise and residual noise levels.

  1. GENERAL INSTRUCTIONS AND PROTOCOLS

In addition, the SMA will prepare the measurement and noise prediction protocols necessary to verify compliance with DS No. 14/2024. At a minimum, specific protocols must be established for general fixed sources, wind farms, and energy transmission or transportation infrastructure.

Asimismo, la SMA elaborará los protocolos de medición y predicción de ruido necesarios para verificar el cumplimiento del DS 14/2024, debiendo establecer, a lo menos, protocolos específicos para fuentes fijas generales, parques eólicos e infraestructura de transmisión o transporte de energía.

  1. ENTRY INTO FORCE

DS No. 14/2024 will enter into force 30 months after its publication in the Official Gazette, that is, on August 27, 2028. However, it will enter into force 18 months after its publication, that is, on August 27, 2027, with respect to projects submitted to the SEIA as from the date of publication.

For further information regarding this matter, please contact: Javier Naranjo – jnaranjo@jdf.cl Andrea Gallyas – agallyas@jdf.cl Martín Esser – messer@jdf.cl María Paz Valenzuela – mpvalenzuela@jdf.cl Javiera Rodríguez – jrodriguez@jdf.cl

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