Legal Definitions - home rule

Home rule refers to the authority granted by a state government to its local municipalities, such as cities or counties, allowing them a significant degree of self-governance over their own affairs. This power typically originates from the state's constitution or specific state legislation.

When a local government operates under home rule, it gains the ability to make many of its own decisions and enact its own laws on local matters, rather than having every detail dictated by the state legislature. This autonomy enables local communities to tailor policies, services, and governmental structures to their unique needs and preferences, within the broader framework of state and federal law.

Here are some examples illustrating how home rule applies:

• Local Zoning and Development: Imagine a city that wants to revitalize its downtown area by allowing taller, mixed-use buildings (combining residential and commercial spaces) and creating pedestrian-friendly zones. With home rule, the city council can directly amend its local zoning ordinances, establish new building codes, and approve development plans based on its community's vision. Without home rule, the city might need to seek specific approval or legislative changes from the state government for such significant land-use decisions, which could be a lengthy and complex process.

  This example demonstrates home rule by showing the city's power to manage its own land use and development policies, adapting them to local economic and social goals without constant state intervention.

• Establishing Local Taxes and Services: Consider a county that identifies a critical need for improved public transportation. Under home rule, the county government might have the authority to propose and implement a new, dedicated local sales tax to fund the construction and operation of a new bus system. It could also establish a new county transit authority through local ordinance. In contrast, a county without home rule might need specific state legislative approval to levy such a tax or create a new public entity, limiting its ability to respond quickly to local service demands.

  This illustrates home rule by highlighting the county's ability to address specific local service needs by raising its own revenue and creating new governmental bodies through local initiative.

• Determining Local Government Structure: A town might decide that its current "town meeting" form of government, where all citizens vote on every issue, is no longer efficient for its growing population. With home rule, the town could draft and adopt a new municipal charter to transition to a "council-manager" system, defining the powers of an elected council and an appointed professional manager, and outlining new election procedures. This change would be enacted through local referendum or council action, rather than requiring the state legislature to pass a special law for that specific town.

  This example showcases home rule by demonstrating the town's power to determine its own internal organizational structure and operational methods, reflecting its community's preferences for governance.