Home rule in the United States

thumb|300px|Home Rule in the United States (municipalities). {{legend|#5e4fa2|Home rule, no Dillon's Rule}} {{legend|#3288bd|Home rule and Dillon's Rule}} {{legend|#66c2a5ff|Limited home rule, no Dillon's Rule}} {{legend|#fdae61|Limited home rule, Dillon's Rule}} {{legend|#9e0142|No home rule, 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). 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.<ref name="Lang">{{Cite web |last=Lang |first=Diane |date=December 1991 |title=DILLON'S RULE...AND THE BIRTH OF HOME RULE |url=https://nmml.org/wp-content/uploads/Dillon%E2%80%99s-Rule-The-Birth-of-Home-Rule.pdf |access-date=November 16, 2021 |website=New Mexico Municipal League}}</ref>

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, known as ''Dillon's Rule 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 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.<ref name=NLC/> 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:<ref name=NLC>{{cite web|url=http://www.nlc.org/build-skills-and-networks/resources/cities-101/city-powers/local-government-authority|title=Local Government Authority|publisher=National League of Cities|access-date=August 13, 2016|archive-url=https://web.archive.org/web/20160804131854/http://www.nlc.org/build-skills-and-networks/resources/cities-101/city-powers/local-government-authority|archive-date=August 4, 2016|url-status=dead|df=mdy-all}}</ref> {{Blockquote| *Structural – power to choose the form of government, charter and enact charter revisions, *Functional – power to exercise local self government in a broad or limited manner, *Fiscal – authority to determine revenue sources, set tax rates, borrow funds and other related financial activities, *Personnel – authority to set employment rules, remuneration rates, employment conditions and collective bargaining.}}

Many states have different provisions regarding home rule for counties than for municipalities. The National Association of Counties says in 14 states all counties (or county equivalents) operate 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.<ref>{{Cite web| title=A short primer on our history, definitions, structures and authorities | url=https://www.naco.org/sites/default/files/2024-03/2024%20County%20Government%20Primer_v20_FINAL.pdf | archive-url=https://web.archive.org/web/20240313172322/https://www.naco.org/sites/default/files/2024-03/2024%20County%20Government%20Primer_v20_FINAL.pdf | archive-date=2024-03-13}}</ref>

== 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.<ref name="NACO">{{cite web|url=http://www.celdf.org/downloads/Home%20Rule%20State%20or%20Dillons%20Rule%20State.pdf|title=Dillon's Rule or Not?|date=January 2004|publisher=National Association of Counties|archive-url=https://web.archive.org/web/20151010114031/http://celdf.org/downloads/Home%20Rule%20State%20or%20Dillons%20Rule%20State.pdf|archive-date=2015-10-10|url-status=dead|author=Adam Coester|access-date=2010-09-07}}</ref> 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 that 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 provision or statute that grants home rule.{{citation needed|date=September 2024}}

Washington, D.C. is a federal city with a limited form of home rule granted by the federal government; see District of Columbia home rule for details.

{| class="wikitable sortable" |- ! State ! Home rule state? ! Dillon's Rule state? !class="unsortable"| Comments |- | Alabama | Limited | Yes | Limited 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.<ref name="AHA">{{cite web|title=Home Rule |url=https://encyclopediaofalabama.org/article/home-rule/ |website=Encyclopedia of Alabama |publisher=Alabama Humanities Alliance |access-date=19 April 2023}}</ref> |- | Alaska | Yes | No | |- | Arizona | Yes | Yes | |- | Arkansas | Limited | Yes | |- | California | Yes | Yes | Cities that have not adopted a charter are organized by state law. Such a city is called a "general law city" (or a "code city"), which will be managed by a five-member city council. As of January 21, 2020, 125 of California's 478 cities were charter cities.<ref>{{cite web |title=Charter Cities List |publisher=League of California Cities |date=February 22, 2013 |url=http://www.cacities.org/Resources-Documents/Resources-Section/Charter-Cities/Charter_Cities-List |access-date=2016-06-23}}</ref><ref>{{cite web |title=Charter Cities |publisher=League of California Cities |url=http://www.cacities.org/index.jsp?zone=locc&previewStory=571|archive-url=https://web.archive.org/web/20081114220832/http://www.cacities.org/index.jsp?zone=locc&previewStory=571 |url-status=dead |archive-date=2008-11-14 |access-date=2008-11-14}}</ref> |- | Colorado | Yes | Yes | Home rule provided for municipalities by constitutional amendment in 1902; for counties in 1970 (more limited than for municipalities).<ref name="leg.colorado.gov">[https://leg.colorado.gov/sites/default/files/r20-540_issue_brief_on_home_rule_charters.pdf colorado.gov]</ref>

102 home rule municipalities, plus two consolidated city-counties that are home rule, and two home rule counties.<ref>{{Cite web|url=https://dola.colorado.gov/dlg_lgis_ui_pu/|title=Local Government Information System (LGIS) | Colorado Department of Local Affairs|website=dola.colorado.gov}}</ref><ref>{{cite web | title=Counties | Colorado Counties, Inc. (CCI) | url=https://test.ccionline.org/about/counties/ }}</ref><ref name="leg.colorado.gov"/>

All tax increases in Colorado must be voter-approved. |- | Connecticut | Yes<ref name="CT Constitution, Article X">{{cite web|url=http://www.cslib.org/constitutionalamends/constitution.htm |publisher=Connecticut State Library |title=The Connecticut Constitution |date=April 2011 |access-date=2011-04-06 |url-status=dead |archive-url=https://web.archive.org/web/20090323081743/http://www.cslib.org/constitutionalAmends/constitution.htm |archive-date=2009-03-23}}</ref> | Yes | |- | Delaware | No | Yes | |- | Florida | Yes | No | Home rule specifically granted in Section 166.021(1) of Florida Statutes. |- | Georgia | Yes | Yes | Home rule specifically granted in Article IX of Georgia Constitution |- | Hawaii | Yes | Yes | |- | Idaho | Yes | Yes | |- | Illinois | Yes | Yes | |- | 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 | Home rule is more limited in charter municipalities established after 1974.<ref>https://app.lla.state.la.us › llala.nsf �� CECBB689D15358A5862583EF005AD18F › $FILE › WP-Limitations of Home Rule Chtr Authority.pdf</ref> |- | Maine | Yes | Yes | |- | Maryland | Yes | Yes | |- | Massachusetts | Yes | No | |- | Michigan | Yes | Yes | Home rule applies to all cities, some villages, and two counties.<ref>{{Cite web |date=December 2019 |title=I. Summary of Home Rule in Michigan |url=https://static1.squarespace.com/static/5ce4377caeb1ce00013a02fd/t/5eb3444d507a0176a3df1d10/1588806734912/50+States+--+MI+Home+Rule+%282020+updates%29+%28final%29.pdf |website=Local Solutions Support Center}}</ref> Cities may be chartered with home rule status pursuant to the Home Rule City Act.<ref>{{Cite web |title=Home Rule in Michigan |url=https://mml.org/pdf/charter_revision/home_rule.pdf |website=Michigan Municipal League}}</ref> Dillon's rule applies to all townships.<ref name="MTA">{{cite web |title=Townships in Michigan |url=https://michigantownships.org/about-townships/mi-twps/ |website=Michigan Township Association |access-date=24 November 2025}}</ref> |- | Minnesota | Yes | Yes | |- | Mississippi | No | Yes | |- | Missouri | Yes | Yes | |- | Montana<ref>{{Cite web| title=Power, Form and Plan of Montana’s Local Governments | url=https://archive.legmt.gov/content/Committees/Interim/2021-2022/Local-Gov/21_Sept/LGTypesSlides9.21.21.pdf | archive-url=https://web.archive.org/web/20251011155043/https://archive.legmt.gov/content/Committees/Interim/2021-2022/Local-Gov/21_Sept/LGTypesSlides9.21.21.pdf | archive-date=2025-10-11}}</ref> | No | Yes | |- | Nebraska | Limited | Yes |The Nebraska Constitution was amended in 1912 to allow cities with a population of more than 5,000 inhabitants to form a government under home rule. See [https://nebraskalegislature.gov/laws/articles.php?article=XI-2 Article XI, Section 2]

Lincoln and Omaha are Nebraska's only home rule cities as of 2020.<ref>See Dillon Rule and Home Rule: Principles of Local Governance, Nebraska Legislative Research Office, February 2020.</ref> 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<ref name="ag.nv.gov">{{cite web |url=https://ag.nv.gov/uploadedFiles/agnvgov/Content/Publications/2016-08-24_AGO_2016-07.pdf |title=OPINION NO. 2016-07 |website=ag.nv.gov |publisher=Nevada Attorney General |date=April 15, 2016 |access-date=February 15, 2024}}</ref> | Yes | Home 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.<ref name="ag.nv.gov"/> |- | New Hampshire | No | Yes | |- | New Jersey | Yes | No | |- | New Mexico | Yes | Yes | |- | New York | Yes | Yes | |- | North Carolina | Limited | Yes | |- | North Dakota | Yes | Yes | |- | Ohio | Yes | No | State government and municipal corporations (incorporated villages and cities) are allowed home rule.<https://codes.ohio.gov/ohio-revised-code/section-715.03> Townships can elect to become "home rule" by voter approval or if the population is large enough the trustees can pass a resolution, can be overridden by voters. <https://codes.ohio.gov/ohio-revised-code/section-504.01> Counties may adopt an alternative form of county government allowing for home rule, must be voter approved.<https://codes.ohio.gov/ohio-revised-code/section-302.13> |- | Oklahoma | No | Yes | |- | Oregon | Yes | No | |- | Pennsylvania | Yes | Yes | |- | Rhode Island | Yes | Yes | |- | South Carolina | Limited | No | |- | South Dakota | Yes | Yes | |- | Tennessee | Yes | Yes | |- | Texas | Limited | Yes | Cities 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.<ref>{{cite web |url=https://www.statutes.legis.state.tx.us/Docs/CN/htm/CN.11.htm#11.5 |title=Texas Constitution, Article XI, Section 5 |website=statutes.legis.state.tx.us |date=November 8, 2011 |access-date=February 15, 2024}}</ref> Otherwise, cities with populations of 5,000 or less are governed by the general laws only.<ref>{{cite web |url=https://www.statutes.legis.state.tx.us/Docs/CN/htm/CN.11.htm#11.4 |title=Texas Constitution, Article XI, Section 4 |website=statutes.legis.state.tx.us |date=November 2, 1920 |access-date=February 15, 2024}}</ref> School districts are generally governed by the general laws; a district may adopt a home rule charter,<ref>{{cite web |url=https://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.12.htm#B |title=Texas Education Code, Chapter 12, Subchapter B |website=statutes.legis.state.tx.us |date=May 30, 1995 |access-date=February 15, 2024}}</ref> but no district has chosen to do so.<ref>{{Cite web| title=What you should know about Home Rule School Districts | url=https://allianceaft.tx.aft.org/files/home_rule_fact_sheet.pdf#:~:text=What%20is%20a%20Home%20Rule%20Charter%20School%20District%3F,never%20once%20been%20used%20anywhere%20in%20the%20state. | archive-url=https://web.archive.org/web/20170302201018/http://allianceaft.tx.aft.org/files/home_rule_fact_sheet.pdf | archive-date=2017-03-02}}</ref> 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 | Limited | No | |- | Vermont | No | Yes | |- | Virginia | No | Yes <ref name="Dillon Rule in Virginia">{{cite web|url=http://virginiaplaces.org/government/dillon.html |title=Local Government Autonomy and the Dillon Rule in Virginia |access-date=2020-05-12}}</ref> | All cities, which must have at least 5,000 residents and are independent from counties, and towns, which are not, are required to have a charter, although Dillon's Rule applies. See administrative divisions of Virginia. |- | Washington | Yes | Yes | |- | West Virginia | Yes<ref>{{cite web|url=https://revenue.wv.gov/homerule/Pages/About.aspx|title=The West Virginia Municipal Home Rule Program|date=2021|publisher=West Virginia Department of Revenue|access-date=2021-12-30}}</ref> | No | Dillon'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 | Limited | Yes | |- | Wyoming | No | Yes | |}

==Home rule charter cities== In the United States, a '''home rule city''', '''charter city''', or '''home rule charter city''' is a city in which the governing system is defined by its own municipal charter document rather than solely by state statute (general law). State law may require general-law cities to have a five-member city council, for example, as in California, but a city organized under a charter may choose a different system, including the "strong mayor" or "city manager" forms of government.<ref>{{cite web |title=Charter Cities |publisher= League of California Cities |date=2007-05-09 |url=http://www.cacities.org/chartercities |access-date=2008-04-17}}</ref><ref>{{cite web |title=California Government Code, Title 4 Government of Cities, Chapter 2 Classification |publisher=State of California |url=http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=34001-35000&file=34100-34102 |access-date=2008-04-17 |archive-url=https://web.archive.org/web/20100330163745/http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=34001-35000&file=34100-34102 |archive-date=2010-03-30 |url-status=dead }}</ref> These cities may be administered predominantly by residents or through a third-party management structure, because a charter gives a city the flexibility to choose novel types of government structure. Depending on the state, all cities, no cities, or some cities may be charter cities.<ref>[https://ballotpedia.org/General_law_local_government#Total_charter_cities_by_state Total charter cities by state], from Ballotpedia</ref>

== References == {{reflist}}

== Further reading == * {{Cite book |last=Kemp |first=Roger L. |year=2007 |title=Model Government Charters: A City, County, Regional, State, and Federal Handbook |publisher=McFarland and Co. |location=Jefferson, NC, and London |isbn=978-0-7864-3154-0 |oclc=51210631}} * {{cite web |last=Lang |first=Diane |title=Dillon's Rule...and the Birth of Home Rule |publisher=New Mexico Municipal League |date=December 1991 |url=http://nmml.org/files/2008/01/dillon.pdf |access-date=2008-12-26 |url-status=dead |archive-url=https://web.archive.org/web/20080530000540/http://nmml.org/files/2008/01/dillon.pdf |archive-date=2008-05-30 }} Discussion of Dillon's rule, charter cities and home rule in New Mexico.

== External links == * [https://web.archive.org/web/20080505100223/http://www.leginfo.ca.gov/.const/.article_11 California State Constitution, Article 11: Local government]

Category:Forms of local government Category:Types of administrative division Category:Local government in the United States Category:Urban planning in the United States Category:State law in the United States