How Counties Can Create Their Own Laws

In the United States, local governments are generally divided into two tiers: counties and municipalities, or cities/towns. While counties are granted certain powers by the state, they do not have general ordinance-making authority and are subject to specific limitations. On the other hand, municipalities have more authority and can adopt police power ordinances. The specific powers held by counties and municipalities vary depending on the state and its approach to local governance, with some states granting more autonomy to local governments than others.

Home Rule states

In the United States, local governments include two tiers: counties, also known as boroughs in Alaska and parishes in Louisiana, and municipalities, or cities/towns. In some states, counties are further divided into townships.

Home rule in the United States refers to the authority of a constituent part of a U.S. state, such as a county or municipality, to exercise powers of governance. In other words, whether such powers are specifically delegated to it by the state or are implicitly allowed unless specifically denied by state-level action.

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, as long as they do not conflict with the state and federal constitutions. These states include Colorado, California, Minnesota, and Washington.

In other states, known as Dillon's Rule states, local governments may only exercise powers that are specifically granted to them by the state. This means that a city or county must obtain permission from the state legislature if it wishes to pass a law or ordinance not specifically permitted under existing state legislation. Dillon's Rule states include Connecticut and Rhode Island, which do not have independent county governments.

Most states have a mix of home rule and Dillon's Rule, with 10 home rule states, 31 Dillon's 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.

Dillon's Rule states

Dillon's Rule and Home Rule are two different approaches to local governance. Forty out of the 50 states in the US apply some form of Dillon's Rule, which states that local governments may exercise only the powers that the state specifically grants them. This rule takes a narrow approach to local authority, essentially stating that local governments only have the powers expressly granted to them by the state.

Dillon's Rule is named after Iowa Supreme Court Justice John F. Dillon, who articulated a philosophy about limited local authority in an 1868 court case. According to the National League of Cities, Dillon's Rule limits a municipality's power to the following:

• The powers explicitly granted to them by the state.
• The powers necessarily or fairly implied in or incident to the powers expressly granted.

In Dillon's Rule states, a city or county must obtain permission from the state legislature if it wishes to pass a law or ordinance not specifically permitted under existing state legislation. Most states have a mix; for example, allowing home rule for municipalities with a minimum number of residents. 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.

The National Association of Counties says that 14 states have all counties (or county equivalents) operating under Dillon's Rule, while 13 states allow all counties home rule authority and 21 states have a mix of home rule and Dillon's Rule. Connecticut and Rhode Island do not have independent county governments.

Local government powers

Local governments generally include two tiers: counties, also known as boroughs in Alaska and parishes in Louisiana, and municipalities, or cities/towns. In some states, counties are further divided into townships. Counties and municipalities are granted varying levels of authority to pass laws by the state.

In the United States, there are two main approaches to local governance: Dillon's Rule and Home Rule. Dillon's Rule states that local governments may only exercise the powers specifically granted to them by the state. Forty of the 50 states apply some form of Dillon's Rule. In these states, a county must obtain permission from the state legislature if it wishes to pass a law not specifically permitted under existing state legislation.

Home Rule, on the other hand, gives local governments greater autonomy and limits the power of states to interfere in local affairs. In Home Rule states, the state's constitution grants municipalities and/or counties the ability to pass various types of laws to govern themselves, as long as they do not conflict with state and federal constitutions. Thirteen states allow all counties Home Rule authority, while 21 states have a mix of Home Rule and Dillon's Rule.

Municipalities have more authority than counties and can adopt police power ordinances. Cities and villages have the broadest delegation of authority, townships have less, and counties have the least. Counties can only pass regulations and ordinances relating to county affairs and cannot interfere with the local affairs of townships, cities, or villages within their limits. For example, the Michigan Zoning Enabling Act empowers counties to adopt zoning ordinances for townships that do not have township zoning.

Local government websites often contain information about the county or municipality, such as codes, forms, and contact information for government offices and officials. Local laws and ordinances can also be found in local newspapers, which provide coverage of local government activities and insights into why ordinances were passed and how they are implemented.

County ordinance-making authority

Dillon's Rule states that local governments may only exercise the powers that the state specifically grants them. Forty of the 50 states apply some form of Dillon's Rule, with 31 states applying it to all local governments. In these states, counties have limited authority to pass ordinances and must obtain permission from the state legislature if they wish to pass a law or ordinance not specifically permitted under existing state legislation.

Home Rule, on the other hand, is a delegation of power from the state to its political subdivisions, including counties, municipalities, towns, townships, or villages. It gives local governments greater autonomy and limits the power of states to interfere in local affairs. There are 10 Home Rule states, and 21 states have a mix of Home Rule and Dillon's Rule. In Home Rule states, counties may pass various types of laws to govern themselves as long as they do not conflict with state and federal constitutions.

Even within states, there can be variations in the level of authority granted to counties. For example, in Michigan, local governments, including counties, have only the powers conferred upon them by the state constitution or statutes. Cities, villages, and townships have broader police powers, giving them more authority to adopt ordinances. However, counties in Michigan can adopt zoning ordinances for townships without township zoning and ordinances related to solid waste management, land division, E9-1-1 addressing, animal control, and setting policy in the form of resolutions.

In summary, the authority of counties to pass ordinances depends on the state and its approach to Dillon's Rule and Home Rule, as well as specific statutes and constitutional provisions within the state. Counties generally have more limited authority compared to municipalities, and their ordinance-making authority is typically restricted to "county affairs" and cannot contravene state law or interfere with local affairs.

State constitutions

In the context of local government, state constitutions may grant municipalities and/or counties the ability to pass various types of laws to govern themselves, as long as these laws do not conflict with the state and federal constitutions. These states are known as home rule states. In other states, known as Dillon's Rule states, only limited authority has been granted to local governments by the 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 not specifically permitted under existing state legislation. Most states have a mix of home rule and Dillon's Rule.

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