Dillon Rule vs. Home Rule
- States that do not follow the Dillon Rule are Home Rule states
- Home Rule states do not require localities to act according to state government enabling legislation when regulating or zoning
- Home Rule local governments have the inherent authority to regulate their land
- This authority is subject to state law limitations
- Dillon Rule authorization vs. Home Rule restriction
Powers Given to Localities Generally
What is the Dillon Rule?
- Local governments in Dillon Rule States can only exercise zoning and regulatory powers that are granted to them by the state legislature
- Enabling legislation required to exert a power or enact an ordinance
- Common law doctrine. City of Winchester v. Redmond
- The grant of power can be express or implied
- Invoking implied powers subjects the local government action to higher scrutiny
- All possible regulatory responses to sea level rise–at the local level–must be enabled by some state legislation
- The power to zone
- Nuisance avoidance
- Public welfare
- Prevention of overcrowding
- Reducing traffic/congestion
- To create parks/schools
- The power to regulate certain things
- Taxation powers (property, utilities)
- But not income tax
The Dillon Rule
Enabling Legislation in the Flooding Context
The Dillon Rule
- Why is it relevant to the clinic?
- Zoning ordinances shall be for the general purpose of promoting the health, safety or general welfare of the public. ... To these ends, such ordinances shall be designed to give reasonable consideration to ... facilitate the provision of adequate flooding protection. Va. Code Ann. § 15.2-2283(iv).
- This appears to give local governments the power to zone in ways that protect property/people from flooding.
- Any locality may construct a dam, levee, seawall or other structure or device, or perform dredging operations hereinafter referred to as “works,” the purpose of which is to prevent the tidal erosion, flooding or inundation of such locality, or part thereof. Va. Code Ann. § 15.2-970.
- Other local solutions to flooding–especially outside of the zoning context–will require different enabling legislation.
- Keep this in mind when proposing local government responses to flooding
Conclusion
- The Dillon Rule prevents localities from enacting laws or exercising powers without enabling legislation from the state
- Any local government response to flooding must be enabled by state statute