Home rule in the United States

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Home Rule in the United States.
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Yes Home Rule, No Dillon's Rule
Yes Home Rule, Yes Dillon's Rule
Limited Home Rule, No Dillon's Rule
Limited Home Rule, Yes Dillon's Rule
No Home Rule, Yes Dillon's Rule Home rule in the United States Map.svg
Home Rule in the United States.
  Yes Home Rule, No Dillon's Rule
  Yes Home Rule, Yes Dillon's Rule
  Limited Home Rule, No Dillon's Rule
  Limited Home Rule, Yes Dillon's Rule
  No Home Rule, Yes Dillon's Rule

Home Rule in the United States relates to the authority of a constituent part of a U.S. state to exercise powers of governance; i.e.: whether such powers must be specifically delegated to it by the state (typically by legislative action) or are generally implicitly allowed unless specifically denied by state-level action.

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In some states, known as home rule states, the state's constitution grants municipalities and/or counties the ability to pass various types of laws to govern themselves (so long as the laws do not conflict with the state and federal constitutions). In other states, only limited authority has been granted to local governments by passage of statutes in the state legislature. In these states, a city or county must obtain permission from the state legislature if it wishes to pass a law or ordinance which is not specifically permitted under existing state legislation.

Forty of the fifty states apply some form of the principle known as Dillon's Rule, which says that local governments may exercise only powers that the state specifically grants to them, to determine the bounds of a municipal government's legal authority. [1] The National League of Cities identifies 31 Dillon's Rule states, 10 home rule states, 8 states that apply Dillon's Rule only to certain municipalities, and one state (Florida) that applies home rule to everything except taxation. [2] Each state defines for itself what powers it will grant to local governments. Within the local sphere, there are four categories in which the state may allow discretionary authority: [2]

Home rule and Dillon's Rule states

The following chart indicates which of the 50 U.S. states are home rule states and which states obey the legal principle of Dillon's Rule for determining local government authority. [3] A state in this chart with "Limited" home rule may grant home rule to particular cities and municipalities individually but has no constitutional provision guaranteeing home rule. A state which is both a home rule state and a Dillon's Rule state applies Dillon's Rule to matters or governmental units not accounted for in the constitutional amendment or statutes which grant home rule.

The District of Columbia has a limited form of home rule granted by the Federal Government; see District of Columbia home rule for details.

StateHome rule state?Dillon's Rule state?Comments
Alabama LimitedYesLimited home rule granted to cities and towns in Article XII, Sections 220-28 of the Alabama constitution. Counties are not delegated even a general grant of power under Dillon's Rule and must seek "local legislation" from the state legislature. [4]
Alaska YesNo
Arizona YesYes
Arkansas LimitedYes
California YesYesDillon's Rule does not apply to charter cities.
Colorado YesYes
Connecticut Yes [5] Yes
Delaware NoYes
Florida YesNoHome rule specifically granted in Section 166.021(1) of Florida Statutes.
Georgia YesYesHome rule specifically granted in Article IX of Georgia Constitution
Hawaii YesYes
Idaho YesYes
Illinois YesYesDillon's Rule applies to local government units not specifically granted home rule.
Indiana LimitedYesDillon's Rule applies only to townships.
Iowa YesNo
Kansas LimitedYesDillon's Rule does not apply to cities or counties.
Kentucky LimitedYes
Louisiana YesYesDillon's Rule only applies to charter municipalities established before 1974.
Maine YesYes
Maryland YesYes
Massachusetts YesNo
Michigan YesYesHome rule applies to all cities, some villages, and two counties.
Minnesota YesYes
Mississippi NoYes
Missouri YesYes
Montana YesNo
Nebraska LimitedYesThe Nebraska Constitution at Article XI, Section 2, authorizes cities with a population of more than 5,000 inhabitants to form a government under Home Rule.  This constitutional provision is considered self-executing and does not require additional action by the Legislature. A city organizing under Home Rule adopts a Home Rule Charter, which must be consistent with and is subject to the Constitution and laws of Nebraska.

Lincoln and Omaha are Nebraska’s only current Home Rule cities. [6] Grand Island adopted a Home Rule charter in 1928; it was repealed by the voters on April 2, 1963. The City Council subsequently repealed the charter on April 17, 1963, with Ordinance 3990.

Nevada No [7] YesHome rule legislation SB29 took effect July 2015, and gave more power to county commissioners. However, local government including general improvement districts, special districts, fire districts, and school districts were not affected by this change. [7]
New Hampshire NoYes
New Jersey YesNo
New Mexico YesYesDillon's Rule applies to municipalities not individually granted home rule. [1]
New York YesYes
North Carolina LimitedYes
North Dakota YesYes
Ohio YesNo
Oklahoma NoYes
Oregon YesNo
Pennsylvania YesYes
Rhode Island YesYes
South Carolina LimitedNo
South Dakota YesYes
Tennessee YesYesDillon's Rule applies only to non-home rule municipalities.
Texas LimitedYesCities may adopt home rule once their population exceeds 5,000 and the voters adopt a city charter, the provisions of which cannot be inconsistent with either the Texas Constitution or "the general laws of the state." If the population subsequently falls below 5,000, the charter remains in force and may be amended. [8] Otherwise, cities with populations of 5,000 or less are governed by the general laws only. [9] School districts are generally governed by the general laws; a district may adopt a home rule charter, [10] but no district has chosen to do so.[ citation needed ] Counties and "special districts" (other special-purpose governmental entities besides cities and school districts) are governed solely by the general laws and prohibited from adopting home rule.
Utah LimitedNo
Vermont NoYes
Virginia NoYes [11]
Washington YesYes
West Virginia Yes [12] NoDillon's Rule was effectively abolished in the 1969 Municipal Code, §7, Article 1. Home rule was introduced in a pilot program in 2007 and made permanent in 2019.
Wisconsin LimitedYes
Wyoming NoYes

See also

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References

  1. 1 2 Lang, Diane (December 1991). "DILLON'S RULE...AND THE BIRTH OF HOME RULE" (PDF). New Mexico Municipal League. Retrieved November 16, 2021.
  2. 1 2 "Local Government Authority". National League of Cities. Archived from the original on August 4, 2016. Retrieved August 13, 2016.
  3. Adam Coester (January 2004). "Dillon's Rule or Not?" (PDF). National Association of Counties. Archived from the original (PDF) on 2015-10-10. Retrieved 2010-09-07.
  4. "Home Rule". Encyclopedia of Alabama. Alabama Humanities Alliance. Retrieved 19 April 2023.
  5. "The Connecticut Constitution". Connecticut State Library. April 2011. Archived from the original on 2009-03-23. Retrieved 2011-04-06.
  6. See Dillon Rule and Home Rule: Principles of Local Governance, Nebraska Legislative Research Office, February 2020.
  7. 1 2 "OPINION NO. 2016-07" (PDF). ag.nv.gov. Nevada Attorney General. April 15, 2016. Retrieved February 15, 2024.
  8. "Texas Constitution, Article XI, Section 5". statutes.legis.state.tx.us. November 8, 2011. Retrieved February 15, 2024.
  9. "Texas Constitution, Article XI, Section 4". statutes.legis.state.tx.us. November 2, 1920. Retrieved February 15, 2024.
  10. "Texas Education Code, Chapter 12, Subchapter B". statutes.legis.state.tx.us. May 30, 1995. Retrieved February 15, 2024.
  11. "Local Government Autonomy and the Dillon Rule in Virginia" . Retrieved 2020-05-12.
  12. "The West Virginia Municipal Home Rule Program". West Virginia Department of Revenue. 2021. Retrieved 2021-12-30.