Home rule in the United States
Adapted from Wikipedia · Discoverer experience
Home rule in the United States is about how much power local areas like cities and counties have to make their own rules. In some states, called home rule states, cities and counties can make many of their own laws as long as they do not go against state or national rules. In other states, known as Dillon's Rule states, local areas can only make laws if the state government specifically allows it.
Forty out of fifty states follow something called Dillon's Rule. This means that local governments can only do what the state tells them they can do. Only ten states let local areas have more freedom to govern themselves. Some states mix these ideas, allowing home rule only for bigger cities.
Each state decides what powers it gives to local governments. These powers can include choosing how the local government is organized, deciding on taxes, borrowing money, and setting rules for workers. Some states treat cities and counties differently when it comes to home rule. For example, in some states, all counties must follow Dillon's Rule, while in others, counties have more freedom. Connecticut and Rhode Island do not even have independent county governments.
Home rule and Dillon's Rule states
The chart below shows which U.S. states allow local governments to make their own rules, called "home rule," and which follow a rule called Dillon's Rule. Under Dillon's Rule, local areas can only do what the state specifically allows them to do. Some states may allow certain cities to have home rule but do not guarantee it for all local areas in their constitution.
Washington, D.C. is a federal city with limited home rule granted by the federal government. For more information, see District of Columbia home rule.
| State | Home rule state? | Dillon's Rule state? | 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. |
| 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. |
| Colorado | Yes | Yes | Home rule provided for municipalities by constitutional amendment in 1902; for counties in 1970 (more limited than for municipalities). 102 home rule municipalities, plus two consolidated city-counties that are home rule, and two home rule counties. All tax increases in Colorado must be voter-approved. |
| Connecticut | Yes | 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. |
| Maine | Yes | Yes | |
| Maryland | Yes | Yes | |
| Massachusetts | Yes | No | |
| Michigan | Yes | Yes | Home rule applies to all cities, some villages, and two counties. Cities may be chartered with home rule status pursuant to the Home Rule City Act. Dillon's rule applies to all townships. |
| Minnesota | Yes | Yes | |
| Mississippi | No | Yes | |
| Missouri | Yes | Yes | |
| Montana | 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 Article XI, Section 2 Lincoln and Omaha are Nebraska's only home rule cities as of 2020. 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 | 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. |
| 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. Otherwise, cities with populations of 5,000 or less are governed by the general laws only. School districts are generally governed by the general laws; a district may adopt a home rule charter, but no district has chosen to do so. 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 | 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 | 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 that creates its own rules through a special document called a municipal charter. This is different from regular cities, which must follow strict rules set by the state. For example, in California, regular cities might need to have a five-member city council, but a charter city can choose a different way to run things. Charter cities can pick forms of government like having a "strong mayor" or a "city manager". This gives these cities more freedom to decide how they want to be managed. Depending on the state, some, none, or all cities can be charter cities.
Related articles
This article is a child-friendly adaptation of the Wikipedia article on Home rule in the United States, available under CC BY-SA 4.0.
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