Home Rule in the United States
Encyclopedia
In the United States, the legislative authority granted to local governments varies by state. In some states, known as Home Rule States, an amendment to the state constitution grants cities, municipalities, and/or counties the ability to pass laws to govern themselves as they see fit (so long as they obey 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. Most non-home rule states apply the principle known as Dillon's Rule to determine the bounds of a municipal government's legal authority.
The District of Columbia has a limited form of home rule granted by the Federal Government; see District of Columbia home rule
for details.
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. A state in this chart with "Limited" home rule may grant home rule to particular cities and municipalities individually but has no constitutional amendment 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 source for the table is at this reference.The District of Columbia has a limited form of home rule granted by the Federal Government; see District of Columbia home rule
District of Columbia home rule
District of Columbia home rule is a term to describe the various means by which residents of the District of Columbia are able to govern their local affairs...
for details.
State | Home Rule State? | Dillon's Rule State? | Comments |
---|---|---|---|
Alabama | No | Yes | Dillon's Rule applies only to counties. |
Alaska | Yes | No | |
Arizona | Yes | Yes | |
Arkansas | Limited | Yes | |
California | Yes | Yes | Dillon's Rule does not apply to charter cities. |
Colorado | Yes | Yes | |
Connecticut | Yes | Yes | |
Delaware | No | Yes | |
Florida | Yes | Unclear | Conflicting statutes address Dillon's Rule. |
Georgia | Limited | Yes | |
Hawaii | Yes | Yes | |
Idaho | Yes | Yes | |
Illinois | Limited | Yes | Dillon's Rule applies to municipalities not individually granted home rule. |
Indiana | Limited | Yes | Dillon's Rule applies only to townships. |
Iowa | Yes | No | |
Kansas | Limited | Yes | Dillon's Rule does not apply to cities or counties. |
Kentucky | Limited | Yes | |
Louisiana | Yes | Yes | Dillon's Rule only applies to charter municipalities established before 1974. |
Maine | Yes | Yes | |
Maryland | Yes | Yes | |
Massachusetts | Yes | No | |
Michigan | Yes | Yes | |
Minnesota | Yes | Yes | |
Mississippi | No | Yes | |
Missouri | Yes | Yes | |
Montana | Yes | No | |
Nebraska | No | Yes | |
Nevada | No | Yes | |
New Hampshire | Yes | Yes | |
New Jersey | Yes | No | |
New Mexico | No | No | |
New York | Yes | Yes | |
North Carolina | Limited | Yes | |
North Dakota | Yes | Yes | |
Ohio | Yes | No | |
Oklahoma | No | Yes | |
Oregon | Yes | No | |
Pennsylvania | Yes | Yes | |
Rhode Island | Limited | Yes | |
South Carolina | Limited | No | |
South Dakota | Yes | Yes | |
Tennessee | Yes | Yes | Dillon's Rule applies only to non-home rule municipalities. |
Texas | Limited | Yes | Counties are prohibited from adopting home rule; cities may adopt home rule once their population exceeds 5,000 and the voters adopt a city charter, which continues even if the population subsequently falls below 5,000 |
Utah | Limited | No | |
Vermont | No | Yes | |
Virginia | Yes | Yes | |
Washington | Yes | Yes | |
West Virginia | No | Yes | |
Wisconsin | Limited | Yes | |
Wyoming | No | Yes |