Cecily Zamora
The United States has a shared governance system, with federal, state, county, and local governments. While the federal and state governments create laws concurrently, state laws override municipal ordinances in the event of a conflict. Counties often have a municipal charter and can provide local ordinances and dictate government powers. Cities, towns, or villages within a county may have their own local laws and government. For example, the California Constitution allows a county or city to make and enforce local ordinances and regulations that do not conflict with the state's laws. Counties can also impose taxes, assessments, and fees, but these must be approved by local voters.
| Characteristics | Values |
|---|---|
| Counties can have their own laws | Counties often have a municipal charter, provide local ordinances, and dictate the powers of the government. |
| Cities, towns, or villages within a county can have their own local laws | Local disputes can involve zoning, taxation, criminal and civil courts, and business law. |
| County laws must not conflict with state laws | The federal and state governments make laws that exist concurrently to create a balance of power. |
| Counties have limited authority to enact ordinances | Local law enforcement agencies enforce ordinances. |
| Counties have limited power to impose taxes, assessments, and fees | The Legislature or the Constitution must allow the county to impose taxes, assessments, or fees, and local voters must approve. |
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What You'll Learn
County laws are subject to state laws
In the United States, there are different counties, cities, municipalities, towns, townships, and villages in each state, commonwealth, or territory. While some of these have their own systems of laws and courts, county laws are subject to state laws and the state Constitution. The state may delegate functions to counties, but it can also take back these functions. For example, the state may resume funding trial courts. Counties lack the broad powers of self-government that cities have, and legislative control over counties is more complete.
The California Constitution, for instance, recognizes two types of counties: general law counties and charter counties. General law counties adhere to state law as to the number and duties of county elected officials. The California Constitution allows a county or city to make and enforce local ordinances within its limits, as long as they do not conflict with the state's general laws. This includes local, police, sanitary, and other regulations. The Board of Supervisors may act by resolution, board order, or ordinance, with most legislative acts, including the use of police power, being adopted by ordinance.
Counties can only impose those taxes, assessments, and fees that the Legislature or the Constitution allow, and these must be approved by local voters. The Board of Supervisors has a unique relationship with the courts, sharing funding responsibility without being able to control their budget or operations. The Board may supervise the sheriff when they are acting as a county officer, but when enforcing state law, the sheriff acts as a peace officer of the state and is under the direct supervision of the attorney general.
There have been recent examples of preemption conflicts between state and local governments. For instance, in 2021, Governor Greg Abbott signed a law establishing penalties for cities that reduce their police department budgets, possibly preempting Austin's public safety budget changes. The Local Solutions Support Center was launched in 2017 to counter the abuse of preemption and strengthen local democracy.
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County government structure
Counties are a part of the shared governance system in the United States, which includes federal, state, county, and local governments. Counties often have a municipal charter and provide local ordinances that dictate the powers of the government. The cities, towns, or villages within a county may have their own local laws and government.
The structure and powers of a county government can vary depending on the state and the type of county authority it operates under. Dillon's Rule counties, as defined by a court decision in 1872, possess only the powers explicitly granted by the state through the state legislature or state constitution. Currently, 35 states place some or all counties under Dillon's Rule, with 14 of these states providing additional flexibilities, most often in determining local government structure and service provision.
On the other hand, Home Rule counties have more autonomy from the state legislature and can manage local affairs. 34 states permit some or all counties to operate under Home Rule, although 15 of these states place substantial restrictions on county authority, often related to finances. In some states, such as California, the primary benefit of Home Rule is the flexibility to determine the structure of the local government.
The California Constitution, for example, recognises two types of counties: general law counties and charter counties. General law counties adhere to state laws regarding the number and duties of county elected officials. Charter counties, on the other hand, can establish their own organisation and structure through a county charter. Additionally, counties in California can impose taxes, assessments, and fees, as long as they are approved by local voters.
County governments are responsible for providing various services and facilities to their citizens, such as community colleges, debt service, public works, recreation and parks, public safety, health, and education. These services can be mandated by state law or fall under the county's jurisdiction.
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County ordinances and their enforcement
Counties often have a municipal charter, and they can provide local ordinances and dictate the powers of the government. The cities, towns, or villages within a county may have their own local laws and government. Ordinances are laws adopted by the Board of Supervisors, and they usually amend, repeal, or supplement the County Code, Administrative Code, Compensation Ordinance, or Zoning Ordinance. They can also provide zoning specifications or appropriate money for specific purposes.
The California Constitution, for example, allows a county or city to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations that do not conflict with the state's own general laws. Counties can impose taxes, assessments, and fees, but only those allowed by the Legislature or the Constitution and approved by local voters. Counties lack the broad powers of self-government that cities have, and legislative control over counties is more complete.
The federal and state governments make laws concurrently to create a balance of power. State laws can address a broad range of legal issues, and generally, if there is a conflict between state and local laws, state laws override municipal ordinances. However, many states allow local courts to handle certain types of disputes within their municipalities.
Local disputes can involve different types of legal issues, including zoning, taxation, criminal and civil courts, and business law. Local zoning ordinances can apply to businesses and residential areas and address public safety, land use, and real estate. Municipalities have the power to make laws for specific purposes for certain geographic areas.
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County taxation and revenue
Counties often have a municipal charter and can dictate the powers of their governments. The California Constitution, for example, allows a county to make and enforce local ordinances and regulations that do not conflict with the state's laws. Counties can raise local revenue by imposing or increasing taxes, assessments, or fees, but only with the approval of local voters. A tax is an involuntary charge against an individual or landowner that pays for public services, while an assessment is an involuntary charge on land that pays for public improvements or services that directly benefit the taxpayer. All revenue generated by an assessment must be used for the specified improvements or services. A fee, on the other hand, is a voluntary charge that cannot exceed the reasonable cost of providing the service.
In California, there are two types of counties: general law counties and charter counties. General law counties adhere to state law regarding the number and duties of county elected officials. Charter counties, such as Los Angeles County, have more flexibility in imposing taxes. For instance, they can auction and sell tax-defaulted properties. They also have different types of property tax bills, such as the Annual Secured Property Tax Bill and the Adjusted Secured Property Tax Bill.
Property taxes are the primary source of financing for local governments and are levied on immovable property like land and buildings, as well as on tangible personal property like vehicles and equipment. They are the largest source of state and local revenue in the US and help fund essential services such as schools, roads, police, and other services. States like New Jersey, Illinois, and Connecticut have high property tax rates. While property taxes are often controversial, they are rooted in the benefit principle, where those paying the bills are the ones who benefit from the services.
Counties with broader powers, such as California cities, have more revenue-generating authority. For example, St. Louis County's Department of Revenue aims to provide quality information and services to taxpayers, licensees, and document recipients. It also distributes funding to over 200 public-serving agencies to improve education, public safety, health, infrastructure, and economic growth in the county.
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County judicial system
The US judicial system is a complex mix of federal, state, and local laws. While federal laws are created by Congress and signed by the President, state and local governments also play a crucial role in the legal system. States typically have their own executive, legislative, and judicial branches, with the power to enforce the law.
The cities, towns, or villages within a county may have their own local laws and government, especially in more populous states like California, where cities have broader revenue-generating authority than counties. Local disputes can involve various legal issues, including zoning, taxation, criminal and civil courts, and business law. County courts typically handle civil cases under a certain monetary threshold (e.g., $25,000 in Colorado), misdemeanours, traffic infractions, felony complaints, protection orders, and small claims. County court decisions can often be appealed to higher courts, such as district courts.
County Boards of Supervisors can have quasi-judicial roles, settling claims made against the county and auditing the accounts of county officers related to fund management and disbursement. These boards must follow proper notice and hearing requirements when imposing or increasing taxes, assessments, or fees, and their decisions can be reviewed by higher judicial authorities.
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Frequently asked questions
Counties can have their own laws, but their authority is generally more limited than that of a municipality. Counties often have a municipal charter and can provide local ordinances.
Counties lack broad powers of self-government that cities have. Cities have broad revenue-generating authority, while counties do not. Counties have more legislative control than cities.
Counties can impose taxes, assessments, and fees, but only with the approval of local voters.
The federal and state governments make laws concurrently to create a balance of power. State laws override municipal ordinances.
Many counties publish their ordinances online, but not all. If they are not available online, you can contact the county clerk or check with the local public library.
