In law, an unincorporated area is a region of land that is not governed by a local municipal corporation; similarly an unincorporated community is a settlement that is not governed by its own local municipal corporation, but rather is administered as part of larger administrative divisions, such as a township, parish, borough, county, city, canton, state, province or country. Occasionally, municipalities dissolve or disincorporate, which may happen if they become fiscally insolvent, and services become the responsibility of a higher administration. Widespread unincorporated communities and areas are a distinguishing feature of the United States and Canada. In most other countries of the world, there are either no unincorporated areas at all, or these are very rare; typically remote, outlying, sparsely populated or uninhabited areas.
In English common law, real property, real estate, realty, or immovable property is land which is the property of some person and all structures integrated with or affixed to the land, including crops, buildings, machinery, wells, dams, ponds, mines, canals, and roads, among other things. The term is historic, arising from the now-discontinued form of action, which distinguished between real property disputes and personal property disputes. Personal property was, and continues to be, all property that is not real property.
A municipal corporation is the legal term for a local governing body, including cities, counties, towns, townships, charter townships, villages, and boroughs. The term can also be used to describe municipally owned corporations.
In geography, statistics and archaeology, a settlement, locality or populated place is a community in which people live. The complexity of a settlement can range from a small number of dwellings grouped together to the largest of cities with surrounding urbanized areas. Settlements may include hamlets, villages, towns and cities. A settlement may have known historical properties such as the date or era in which it was first settled, or first settled by particular people.
Unlike many other countries, Australia has only one level of local government immediately beneath state and territorial governments. A local government area (LGA) often contains several towns and even entire cities. Thus, aside from very sparsely populated areas and a few other special cases, almost all of Australia is part of an LGA. Unincorporated areas are often in remote locations, cover vast areas or have very small populations.
Local government in Australia is the third tier of government in Australia administered by the states and territories, which in turn are beneath the federal tier. Local government is not mentioned in the Constitution of Australia and two referenda in the 1970s and 1980s to alter the Constitution relating to local government were unsuccessful. Every state government recognises local government in their respective constitutions. Unlike Canada or the United States, there is only one level of local government in each state, with no distinction such as cities and counties.
Government in the Commonwealth of Australia is exercised on three levels: federal, states and territories, and local government.
Postal addresses in unincorporated areas, as in other parts of Australia, normally use the suburb or locality names gazetted by the relevant state or territorial government. Thus, there is rarely any ambiguity regarding addresses in unincorporated areas.
Suburbs and localities are the names of geographic subdivisions in Australia, used mainly for address purposes. The term locality is used in rural areas, while the term suburb is used in urban areas. Australian postcodes closely align with the boundaries of localities and suburbs.
The Australian Capital Territory has no municipalities and is in some sense an unincorporated area. The territorial government is directly responsible for matters normally carried out by local government.
The Australian Capital Territory, formerly known as the Federal Capital Territory until 1938 and commonly referred to as the ACT, is a federal territory of Australia containing the Australian capital city of Canberra and some surrounding townships. It is located in the south-east of the country and is an enclave within the state of New South Wales. Founded after federation as the seat of government for the new nation, all important institutions of the Australian federal government are centred in the territory.
The Australian Capital Territory Government, also referred to as the ACT Government, is the executive authority of the Australian Capital Territory, one of the territories of Australia. The leader of the party or coalition with the confidence of the Australian Capital Territory Legislative Assembly forms Government. Unlike the Australian States and the Northern Territory, the Australian Capital Territory Legislative Assembly directly elects one of their number to be the Chief Minister of the Australian Capital Territory as the head of the Government, rather than being appointed by a Governor or Administrator.
The far west and north of New South Wales constitutes the Unincorporated Far West Region, which is sparsely populated and barely warrants an elected council. A civil servant in the state capital manages such matters as are necessary. The second unincorporated area of this state is Lord Howe Island.
New South Wales is a state on the east coast of Australia. It borders Queensland to the north, Victoria to the south, and South Australia to the west. Its coast borders the Tasman Sea to the east. The Australian Capital Territory is an enclave within the state. New South Wales' state capital is Sydney, which is also Australia's most populous city. In March 2019, the population of New South Wales was over 8 million, making it Australia's most populous state. Just under two-thirds of the state's population, 5.1 million, live in the Greater Sydney area. Inhabitants of New South Wales are referred to as New South Welshmen.
The Unincorporated Far West Region is an unincorporated area in the Far West region of New South Wales, Australia. The area is one of only two areas in New South Wales that are not part of any local government area. The region includes several small towns including Tibooburra, Milparinka and Silverton. Silverton and Tibooburra have village councils. The region surrounds Broken Hill, but does not include it, which is in the separate City of Broken Hill local government area.
Lord Howe Island is an irregularly crescent-shaped volcanic remnant in the Tasman Sea between Australia and New Zealand, 600 km (320 nmi) directly east of mainland Port Macquarie, 780 km (420 nmi) northeast of Sydney, and about 900 km (490 nmi) southwest of Norfolk Island. It is about 10 km (6.2 mi) long and between 0.3 and 2.0 km wide with an area of 14.55 km2, though just 3.98 km2 of that comprise the low-lying developed part of the island.
In the Northern Territory, 1.45% of the total area and 4.0% of the population are in unincorporated areas, including Unincorporated Top End Region (Finniss-Mary, the largest), areas covered by the Darwin Rates Act—Nhulunbuy, Alyangula on Groote Eylandt in the northern region, and Yulara in the southern region.
The Northern Territory is an Australian territory in the central and central northern regions of Australia. It shares borders with Western Australia to the west, South Australia to the south, and Queensland to the east. To the north, the territory looks out to the Timor Sea, the Arafura Sea and the Gulf of Carpentaria, including Western New Guinea and other Indonesian islands. The NT covers 1,349,129 square kilometres (520,902 sq mi), making it the third-largest Australian federal division, and the 11th-largest country subdivision in the world. It is sparsely populated, with a population of only 245,800, fewer than half as many people as Tasmania.
Groote Eylandt is the largest island in the Gulf of Carpentaria and the fourth largest island in Australia. It is the homeland of, and is owned by, the Warnindhilyagwa who speak the Anindilyakwa language.
Yulara is a town in the Southern Region of the Northern Territory, Australia. It lies as an unincorporated enclave within MacDonnell Region. At the 2016 census, Yulara had a permanent population of 1,099, in an area of 103.33 square kilometres (39.90 sq mi). It is 18 kilometres (11 mi) by road from world heritage site Uluru and 55 kilometres (34 mi) from Kata Tjuta. It is located in the Northern Territory electorate of Namatjira and the federal electorate of Lingiari.
In South Australia, 60% of the area is unincorporated and communities located within can receive municipal services provided by a state agency, the Outback Communities Authority.
Victoria has 10 small unincorporated areas, which are either small islands directly administered by the state or ski resorts administered by state-appointed management boards.
Western Australia is exceptional in two respects. Firstly, the only remote area that is unincorporated is the Abrolhos Islands, which is officially uninhabited and controlled by the WA Department of Fisheries. Secondly, the other unincorporated areas are A-class reserves either in, or close to, the Perth metropolitan area, namely Rottnest Island (controlled by the Rottnest Island Authority) and Kings Park (Botanic Gardens and Parks Authority).
In Canada, depending on the province, an unincorporated settlement is one that does not have a municipal council that governs solely over the settlement. It is usually, but not always, part of a larger municipal government. This can range from small hamlets to large urbanized areas that are similar in size to towns and cities.
For example, the urban service areas of Fort McMurray and Sherwood Park, of the Regional Municipality of Wood Buffalo and Strathcona County respectively, would be the fifth and sixth largest cities in Alberta if they were incorporated.
In British Columbia, unincorporated settlements lie outside municipal boundaries entirely, and are administered directly by regional/county-level governments similar to the American system.
Unincorporated settlements with a population of between 100 and 1,000 residents may have the status of designated place in Canadian census data.
In some provinces, large tracts of undeveloped wilderness or rural country are unorganized areas that fall directly under the provincial jurisdiction. Some unincorporated settlements in such unorganized areas may have some types of municipal services provided to them by a quasi-governmental agency such as a local services board in Ontario. In New Brunswick where a significant population live in a Local Service District, taxation and services may come directly from the province.
The entire area of the Czech Republic is divided into municipalities (Obce), with the only exception being 4 military areas. These are parts of the regions and do not form self-governing municipalities, but are rather governed by military offices (újezdní úřad), which are subordinate to the Ministry of Defense.
|Military area||Region||Civilian population|
|Administrative centre||No. of settlements|
with over 20 inhabitants
|Area (km2, 2016)|
|Libavá||Olomouc Region||0|| Město Libavá |
(outside the military area)
|Hradiště||Karlovy Vary Region||0|| Karlovy Vary |
(outside the military area)
|Boletice||South Bohemian Region||0|| Kájov |
(outside the military area)
|Brdy †||Central Bohemian Region||0|| Jince |
(outside the military area)
|Březina||South Moravian Region||0|| Vyškov |
(outside the military area)
Since Germany has no administrative level comparable to the townships of other countries, the vast majority of the country, close to 99%, is organized in municipalities (German: Gemeinde, plural Gemeinden), often consisting of multiple settlements which are not considered to be unincorporated. Because these settlements lack a council of their own, there is usually an Ortsvorsteher / Ortsvorsteherin (village chairman / chairwoman) appointed by the municipal council, except in the very smallest villages.
In 2000, the number of unincorporated areas in Germany, called gemeindefreie Gebiete (municipality-free areas) or singular gemeindefreies Gebiet, was 295 with a total area of 4,890.33 km2 and around 1.4% of its territory. However, these are mostly unpopulated areas like forests, lakes and their surroundings, military training areas and the like.
As of 31 December 2007 [update] , Germany had 248 uninhabited unincorporated areas (of which 214 are located in Bavaria), not belonging to any municipality, consisting mostly of forested areas, lakes and larger rivers. There were also three inhabited unincorporated areas, all of which served as military training areas: Osterheide and Lohheide in Lower Saxony, and Gutsbezirk Münsingen in Baden-Württemberg. They had fewer than 2,000 inhabitants in total. After losing its inhabited parts to adjacent municipalities on 1 January 2011, Gutsbezirk Münsingen is now uninhabited.
The following shows the largest unincorporated areas in Germany (including all inhabited areas, but excluding lakes) with an area of more than 50 km2:
|Unincorporated area||County||State||Area in km2||Population|
on 31 December 2010
|031530000504||Harz (Landkreis Goslar)||Goslar||Lower Saxony||371.76||–|
|031560000501||Harz (Landkreis Osterode)||Osterode am Harz||Lower Saxony||267.35||–|
|031550000501||Solling (Landkreis Northeim)||Northeim||Lower Saxony||177.49||–|
|066360000200||Gutsbezirk Kaufunger Wald||Werra-Meißner-Kreis||Hesse||50.32||–|
† No inhabitants since 1 January 2011 as a result of reduction in area.
In Bavaria, there are other contiguous unincorporated areas covering more than 50 km2; these are however composed of several adjacent unincorporated areas combined, each of which is however under 50 km2 in area.
The Netherlands has had regular periods with unincorporated land when newly reclaimed land polders fall dry. Unincorporated land is since medieval times administered by an appointed officer with the name Landdrost or Drossaart. Also, Elten and Tudderen, both annexed from Germany after World War II, were governed by a Landdrost until they were ceded to Germany in 1963.
The most recent period with unincorporated land started in 1967 when the dyke around Southern Flevoland was closed. It however requires several years before the polder is genuinely accessible for cultivation and construction of roads and homes can start, as in the first years the soil is equivalent to quicksand. During the initial period of inhabitation a special, government-appointed officer was installed, known as the Landdrost. During the administrative office of a Landdrost there is no municipal council.
In 1975, the first homes in what is now the city of Almere were built and from 1976 to 1984 the area was governed by the Landdrost as the executive of the Openbaar Lichaam Zuidelijke IJsselmeerpolders (Southern IJsselmeerpolders Public Body). In 1984 the Landdrost became the first mayor of the new city Almere. Since that date the Netherlands does not have any unincorporated land areas.
The Openbaar Lichaam remained however, only governing the water body of the Markermeer. After the municipal division of the Wadden Sea (1985), the territorial waters in the North Sea (1991) and the IJsselmeer (1994), all water bodies are now also part of a municipalityand there are no unincorporated areas in the Netherlands anymore. The Openbaar Lichaam Zuidelijke IJsselmeerpolders was dissolved in 1996.
In Norway, Jan Mayen, Svalbard and Bouvet Island are outside the division into counties and municipalities. They are ruled directly by national authorities without any local democracy. An exception is the Longyearbyen Community Council which since 2004 in reality acts partly like a Norwegian municipality. Svalbard has a governor appointed by the government of Norway, ruling the area. Jan Mayen has no population, only radio and weather stations with staff, whose manager has the responsibility for the activities. Bouvet Island has only occasional visitors.
In local government in the United States, an unincorporated area generally refers to the part of a county which is outside any municipality.
Most states have granted some form of home rule, so that county commissions (or boards or councils) have the same powers in these areas as city councils or town councils have in their respective incorporated areas.Some states instead put these powers in the hands of townships, which are minor civil divisions of each county, and are called "towns" in some states.
Some American states have no unincorporated land areas; these include Connecticut, Massachusetts, New Jersey, New York and Rhode Island, although these states all have communities that are not separately incorporated but are part of a larger municipality.
An unincorporated community is one general term for a geographic area having a common social identity without municipal organization or official political designation (i.e., incorporation as a city or town). There are two main types of unincorporated communities:
Due to differences in state laws regarding the incorporation of communities, there is a great variation in the distribution and nature of unincorporated areas. Unincorporated regions are essentially nonexistent in seven of the northeastern states. All of the land in New Jersey, Connecticut, Massachusetts, New York, and Rhode Island, and nearly all of the land in New Hampshire, Pennsylvania and Vermont, is part of an incorporated area of some type. In these areas, types (and official names) of local government entities can vary. In New England (which includes five of those eight states, plus the less fully incorporated state of Maine), local municipalities are known as towns or cities, and most towns are administered by a form of direct democracy, such as the open town meeting or representative town meeting. Larger towns in New England may be incorporated as cities, with some form of mayor-council government. In New Jersey multiple types exist as well, such as city, township, town, borough, or village, but these differences are in the structure of the legislative branches, not in the powers or functions of the entities themselves.
On the opposite end of the spectrum is the Virginia "strong county" model.Virginia and other states with this model, such as Alabama, Maryland, and Tennessee, set strict requirements on incorporation or grant counties broad powers that in other states are carried out by cities, creating a disincentive to incorporate, and thus have large, urbanized areas which have no municipal government below the county level.
Meanwhile, in other mid-Atlantic states, such as New York and Pennsylvania, a hybrid modelthat tries to balance the two approaches is prevalent, with differing allocations of power between municipalities and counties existing.
Throughout the U.S., some large cities have annexed all surrounding unincorporated areas within their counties, creating what are known as consolidated city–county forms of government (e.g., Jacksonville, Florida and Nashville, Tennessee). In these cases, unincorporated areas continue to exist in other counties of their respective metropolitan areas. Conversely, there are a number of "county islands" that exist, where an unincorporated area is surrounded on most or all sides by municipalities. In areas of sparse population the majority of the land in any given state may be unincorporated.
Some states, including North Carolina, grant extraterritorial jurisdiction to cities and towns (but rarely villages), so that they may control zoning for a limited distance into adjacent unincorporated areas, often as a precursor (and sometimes as a legal requirement) to later annexation of those areas. This is especially useful in rural counties which have no zoning at all, or only spot zoning for unincorporated communities.
In California, all counties except the City and County of San Francisco have unincorporated areas. Even in highly populated counties, the unincorporated portions may contain a large number of inhabitants. In Los Angeles County, the county government estimates the population of its unincorporated areas to exceed one million people.Despite having 88 incorporated cities and towns, including the state's most populous, 65% of the land in Los Angeles County is unincorporated, this mostly consisting of Angeles National Forest and sparsely populated regions to its north. California law makes no distinction between "city" and "town", and municipalities may use either term in their official names.
An unincorporated community may be part of a census-designated place (CDP). A CDP is an area defined by the United States Census Bureau for statistical purposes only. It is a populated area that generally includes one officially designated but currently unincorporated community, for which the CDP is named, plus surrounding inhabited countryside of varying dimensions and, occasionally, other, smaller unincorporated communities as well. Otherwise, it has no legal status.
In the context of the insular areas of the United States, the word "unincorporated" means that the territory has not been formally and irrevocably incorporated into the United States. (See: United States territory.) Unincorporated insular areas are therefore potentially subject to being sold or otherwise transferred to another power, or, conversely, being granted independence. There are currently five major unincorporated U.S. insular areas: American Samoa, Puerto Rico, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands.
Unincorporated areas with permanent populations in the United States are defined by the US Government scientific agency United States Geological Survey (USGS) as "populated places", a "place or area with clustered or scattered buildings and a permanent human population (city, settlement, town, village)." There are no legal boundaries, although there may be a corresponding "civil" record, the boundaries of which may or may not match the perceived populated place.
Many unincorporated communities are also recognized as acceptable place names for use in mailing addresses by the United States Postal Service (USPS) (indeed, some have their own post offices), and the United States Census Bureau uses the names of some widely recognized unincorporated communities for its census-designated places (CDPs) for which it tabulates census data.
There are instances of unincorporated areas having a mailing address indicating the name of an incorporated city,[ citation needed ] as well as those where residents of one incorporated city have mailing addresses indicating another incorporated city. Mailing addresses do not necessarily change whether an area becomes a part of an incorporated place, changes to another incorporated place, or de-incorporates. For example, places in Kingwood, previously unincorporated, retained "Kingwood, TX" mailing addresses after the 1996 annexation of Kingwood into the City of Houston. The Houston city government stated on its website that "The U.S. Postal Service establishes ZIP codes and mailing addresses in order to maximize the efficiency of their system, not to recognize jurisdictional boundaries."
However, the USPS is very conservative about recognizing new place names for use in mailing addresses and typically only does so when a place incorporates.[ citation needed ] The original place name associated with a ZIP Code is still maintained as the default place name, even though the name of the newly incorporated place is more accurate. As an example, Sandy Springs is one of the most populated places in Georgia, but is served by a branch of the Atlanta post office. Only after the city was incorporated in 2005 has "Sandy Springs" been approved by the USPS for use in mailing addresses, though "Atlanta" remains the default name. Accordingly, "Atlanta" is the only accepted place name for mailing addresses in the nearby unincorporated town of Vinings, also served by a branch of the Atlanta post office, even though Vinings is in Cobb County and Atlanta is in Fulton and DeKalb counties. In contrast, neighboring Mableton has not been incorporated in nearly a century, but has its own post office and thus "Mableton" is the only acceptable place name for mailing addresses in the town. The areas of Dulah and Faria, California, which are unincorporated areas in Ventura County between Ventura and Carpinteria, have the ZIP Code of 93001, which is assigned to the post office at 675 E. Santa Clara St. in Ventura; thus, all mail to those two areas is addressed to Ventura.
If an unincorporated area becomes incorporated, it may be split among ZIP Codes, and its new name may be recognized as acceptable for use with some or all of them in mailing addresses, as has been the case in Johns Creek and Milton, Georgia. However, if an incorporated area disincorporates, this has no effect on whether a place name is "acceptable" in a mailing address or not, as is the case with Lithia Springs, Georgia. ZIP Code boundaries often ignore political boundaries, so the appearance of a place name in a mailing address alone does not indicate whether the place is incorporated or unincorporated.
Some countries have some exceptional unincorporated areas:
Many countries, especially those with many centuries of history using multiple tiers of local government, do not use the concept of an unincorporated area.
A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate. It is to be distinguished (usually) from the county, which may encompass rural territory or numerous small communities such as towns, villages and hamlets.
A town is a human settlement. Towns are generally larger than villages but smaller than cities, though the criteria to distinguish them vary considerably between different parts of the world.
In the United States, a county is an administrative or political subdivision of a state that consists of a geographic region with specific boundaries and usually some level of governmental authority. The term "county" is used in 48 U.S. states, while Louisiana and Alaska have functionally equivalent subdivisions called parishes and boroughs, respectively.
A census-designated place (CDP) is a concentration of population defined by the United States Census Bureau for statistical purposes only. CDPs have been used in each decennial census since 1980 as the counterparts of incorporated places, such as self-governing cities, towns, and villages, for the purposes of gathering and correlating statistical data. CDPs are populated areas that generally include one officially designated but currently unincorporated community, for which the CDP is named, plus surrounding inhabited countryside of varying dimensions and, occasionally, other, smaller unincorporated communities as well. CDPs include small rural communities, colonias located along the U.S. border with Mexico, and unincorporated resort and retirement communities and their environs.
A hamlet is a small human settlement. In different jurisdictions and geographies, hamlets may be the size of a town, village or parish, be considered a smaller settlement or subdivision or satellite entity to a larger settlement. The word and concept of a hamlet have roots in the Anglo-Norman settlement of England, where the old French hamlet came to apply to small human settlements. In British geography, a hamlet is considered smaller than a village and distinctly without a church or other place of worship.
An incorporated town is a town that is a municipal corporation.
Local government in the United States refers to governmental jurisdictions below the level of the state. Most states and territories have at least two tiers of local government: counties and municipalities. In some states, counties are divided into townships. There are several different types of jurisdictions at the municipal level, including the city, town, borough, and village. The types and nature of these municipal entities vary from state to state.
The New England town, generally referred to in New England simply as a town, is the basic unit of local government and local division of state authority in each of the six New England states and without a direct counterpart in most other U.S. states. New England towns overlay the entire area of a state, similar to civil townships in other states where they exist, but they are fully functioning municipal corporations, possessing powers similar to cities in other states. New Jersey's system of equally powerful townships, boroughs, towns, and cities is the system which is most similar to that of New England. New England towns are often governed by a town meeting legislative body. The great majority of municipal corporations in New England are based on the town model; statutory forms based on the concept of a compact populated place are uncommon, though they are prevalent elsewhere in the U.S. County government in New England states is typically weak at best, and in some states nonexistent. Connecticut, for example, has no county governments, nor does Rhode Island. Both of those states retain counties only as geographic subdivisions with no governmental authority, while Massachusetts has abolished eight of fourteen county governments so far. With few exceptions, counties serve mostly as dividing lines for the states' judicial systems.
The administrative divisions of Wisconsin include counties, cities, villages and towns. In Wisconsin, all of these are units of general-purpose local government. There are also a number of special-purpose districts formed to handle regional concerns, such as school districts.
The primary unit of local government in the U.S. state of Connecticut is its 169 towns. Each of these towns may contain incorporated cities or boroughs, as well as unincorporated villages.
In the United States, the meaning of "village" varies by geographic area and legal jurisdiction. In many areas, "village" is a term, sometimes informal, for a type of administrative division at the local government level. Since the Tenth Amendment to the United States Constitution prohibits the federal government from legislating on local government, the states are free to have political subdivisions called "villages" or not to and to define the word in many ways. Typically, a village is a type of municipality, although it can also be a special district or an unincorporated area. It may or may not be recognized for governmental purposes.
The United States Census Bureau defines a place as a concentration of population which has a name, is locally recognized, and is not part of any other place. A place typically has a residential nucleus and a closely spaced street pattern, and it frequently includes commercial property and other urban land uses. A place may be an incorporated place or it may be a census-designated place (CDP). Incorporated places are defined by the laws of the states in which they are contained. The Census Bureau delineates CDPs. A small settlement in the open countryside or the densely settled fringe of a large city may not be a place as defined by the Census Bureau. As of the 1990 Census, only 26% of the people in the United States lived outside of places.
Local government in New Hampshire consists of county, school district, and municipal governments.
A Vermont municipality is a particular type of New England municipality. It is the basic unit of local government.
Local government in Pennsylvania is government below the state level in Pennsylvania. There are six types of local governments listed in the Pennsylvania Constitution: county, township, borough, town, city, and school district. All of Pennsylvania is included in one of the state's 67 counties, which are in total subdivided into 2,561 municipalities. There are currently no independent cities or unincorporated territories within Pennsylvania.
The city's first choice for providing fire and EMS service[...]to provide these services if the area is annexed[and]No. Annexation does not change school district boundaries or attendance zones in any way.[and]No. The U.S. Postal Service establishes ZIP codes[...] Annexation would not change the Kingwood ZIP code or mailing addresses.