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Home rule in the United State

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.

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 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

Colorado

Yes

Yes

Connecticut

Yes[3]

Yes

Delaware

No

Yes

Florida

Yes

Unclear

Conflicting statutes address Dillon's Rule.

Georgia

Yes

Yes

Home rule specifically granted in Article IX of Georgia Constitution

Hawaii

Yes

Yes

Idaho

Yes

Yes

Illinois

Yes

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

Kentucky

All cities

Yes

Louisiana

Yes

Yes

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

Yes, home rule


legislation
passed and
took effect July,

No

Dillon's Rule does not apply to charter cities.

Dillon's Rule does not apply to cities or counties.


Dillon's Rule only applies to charter municipalities established before 1974.

2015
New
Hampshire

No

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

Yes

Yes

South Carolina Limited

No

South Dakota

Yes

Yes

Tennessee

Yes

Yes

Dillon's Rule applies only to non-home rule municipalities.


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
general law); if the population subsequently falls below 5,000 the charter remains in force and
may be amended.[4] Otherwise, cities with populations of 5,000 or less are chartered by
general law only.[5] School districts may adopt home rule for school districts,[6] but none have
chosen to do so.[7] Counties and "special districts" (other special-purpose governmental
entities besides cities and school districts) are prohibited from adopting home rule.

Texas

Limited

Yes

Utah

Limited

No

Vermont

No

Yes

Virginia

No

Yes [8]

Washington

Yes

Yes

West Virginia

No*

No

Wisconsin

Limited

Yes

Wyoming

No

Yes

Dillon's Rule was effectively abolished in the 1969 Municipal Code, 7, Article 1. *The state
has conducted a home rule pilot program which is due to stop by the end of 2017.

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