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State and Fed Law

Policy/ Plan Dev: State and Federal Laws, AICP Nov 2022 Test

TermDefinition
Home Rule article or amendment to state constitution that grants cities, municipalities and counties the ability to pass laws to govern themselves as they see fit
Dillon's Rule cities, town and counties have no powers other than what is established to them by state governments. 40 of 50 states do this.
Police Power States grant power to local government through things like zoning and have influence on local gvmt (they give money, much more than fed gvmt)
Planners Do not enact laws. They advise but do not exercise power of eminent domain or commit public funds for CIP, City Councils do.
Local gvmt Planners involved at locational decisions at a high level. ex location of cell towers, but Federal Communications Commission (FCC) and state utility commissions regulate utilities.
General purpose of local gvmt counties, cities, township
Single-purpose local gvmt school districts, fire districts
Special districts independent unit of local gvmt created by referendum and organized to perform gvmt functions in geographic area. power to incur debt and levy taxes
Area wide planning organizations provide grants and planning assistance, coordinate intergvmtal activities. not a separate layer of gvmt
Regional planning agency develops regional plans, reviews regional impacts and projects. may transfer some local gvmt powers to a regional agency but that is not usually the case
Preemption when the law of a higher level of gvmt limits or eliminates the power of a lower level of gvmt. Often used for housing and equal protection. Not good or bad.
Preemption on Behalf of Local Gvmt 2019 Minneapolis evicts single family for triplexes. State can preempt the local law. 2014 Austin prohibited landlords from rejecting tenants who pay part of their rent w fed housing asst as long as they satisfy qual for tenants. State overturned law.
Preemption on Behalf of State Gvmt Feds reacted to combat NIMBYism for affordable housing in California after limiting local gvmt authority to regulate and deny certain multi-unit housing developments.
Preemption on Behalf of Fed Gvmt Congress enacted the Fair Housing Act in 1968 to establish nationwide anti-discriminations protection to prevent local laws that were discriminatory.
Tribal Sovereignty fed gvmt acknowledges 583 tribal gvmts thru USA and are their own source of power. Diff from cities and counties bc the state has to approve new laws. Tribes can create their own laws wo fed approval and some fed laws are applicable (fed env laws)
Tribes Create Agreements with Gvmt In 25 states, tribes work with local and state gvmts to create Section 701 comprehensive plans, transp plans, zoning or even adopt policies from local counties within their limits to have non-Indians participate in public process through a MOU process.
Created by: cristinemshoff
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