HOME RULE IN EACH STATE
(C=CITY; MUN=MUNICIPALITY; CO=COUNTY; LTD=LIMITED; K=1000)
State; Status; Who?; How Home Rule is Granted
AL --- Ltd --- LTD MUN; LTD CO --- Statute; State Approval
AR --- No --- NONE --- N/A
AK --- Yes --- BROAD MUN --- Automatic
AZ --- Yes --- MUN + CO --- Automatic
CA --- Yes --- C --- Charter
CO --- Yes --- MUN + CO --- Charter
CT --- Yes --- MUN --- Automatic
DE --- No --- NONE --- N/A
FL --- Yes --- MUN --- Automatic
GA --- Yes --- MUN + CO --- Automatic
HI --- Yes --- MUN + CO --- Automatic
ID --- Yes --- MUN + CO --- Automatic
IL --- Yes --- C>25K + COOK CO; MUN<25K --- Automatic; Referendum
IN --- Ltd --- LTD TWP --- N/A (very limited)
IA --- Yes --- BROAD MUN --- Automatic
KS --- Ltd --- LTD --- N/A (very limited)
KY --- Ltd --- LTD --- N/A (very limited)
LA --- Yes --- MUN LTD + CO LTD --- Charter
ME --- Yes --- MUN + CO --- Automatic
MD --- Yes --- MUN + CO --- Automatic
MA --- Yes --- BROAD MUN --- Automatic
MI --- Yes --- MUN + 2CO --- Automatic
MN --- Yes --- MUN + CO --- Automatic
MO --- Yes --- MUN + CO --- Automatic
MS --- No --- NONE --- N/A
MT --- Yes --- BROAD MUN --- Automatic
NE --- Ltd --- C>5K --- Referendum
NV --- No --- NONE --- N/A
NH --- No --- NONE --- N/A
NJ --- Yes --- BROAD MUN --- Automatic
NM --- Yes --- MUN + CO --- Automatic
NY --- Yes --- MUN + CO --- Automatic
NC --- Ltd --- LTD --- N/A (very limited)
ND --- Yes --- MUN + CO --- Automatic
OH --- Yes --- BROAD MUN --- Automatic
OK --- No --- NO --- N/A
OR --- Yes --- BROAD MUN --- Automatic
PA --- Yes --- MUN + CO --- Automatic
RI --- Yes --- MUN --- Automatic
SC --- Ltd --- LTD MUN --- Referendum
SD --- Yes --- MUN + CO --- Automatic
TN --- Yes --- MUN + CO --- Automatic
TX --- Ltd --- C>5K --- Referendum
UT --- Ltd --- LTD MUN --- Referendum
VT --- No --- NONE --- N/A
VA --- No --- NONE --- N/A
WA --- Yes --- MUN + CO --- Automatic
WV --- Yes --- MUN + CO --- State Approval
WI --- Ltd --- LTD MUN --- Referendum
WY --- No --- NONE --- N/A
COMMUNITY LEGAL DEFENSE FUND
CELDF (Community Environmental Legal Defense Fund) advises that home rule should empower municipalities to establish local laws that are stricter than state law, unless the state expressly prohibits this1. Their perspective emphasizes that local communities should have the authority to address issues that directly affect them, especially in areas where state law may be insufficient or where local needs differ from statewide policies.
CELDF’s approach supports the idea that home rule should provide genuine local autonomy, allowing communities to enact innovative or stronger protections—such as environmental regulations, public health measures, or land use policies—as long as those local laws do not conflict with clear state prohibitions1. This view aligns with broader advocacy for stronger local self-government and resistance to state preemption that undermines community decision-making.
The Community Environmental Legal Defense Fund (CELDF) was established in 1995 by Thomas Linzey, with the mission to assist communities in asserting their right to local self-government and to protect the rights of nature5. CELDF is a nonprofit public interest law firm that provides legal services to communities facing environmental and quality-of-life threats, and it has become a leading advisor to grassroots groups and municipal governments seeking to challenge corporate activities and expand local democracy5,4.
State governments, corporations, and courts have increasingly resisted or overturned local rights-based laws, making new adoptions more difficult and less frequent6,7.
CELDF’s stance is that individuals and local communities should have the right to self-governance and to protect their most basic rights and the rights of ecosystems. Their approach is rooted in the belief that current legal and political systems are too often controlled by corporations and state governments, which override local decision-making in ways that harm people and the environment1,3,5.
Key points of CELDF’s stance on individual and local sovereignty:
Local Self-Government:
CELDF advocates for a paradigm shift away from top-down, coercive forms of government toward local self-government that empowers residents to make decisions about their own communities1,3.
They support the idea that communities should have the authority to protect their rights and the rights of nature, even if this means challenging state or corporate powers1,3,5.
Individual Sovereignty:
While CELDF emphasizes collective community rights, their work is grounded in the principle that individuals should have a real voice in decisions that affect their lives and environment1,3.
They promote “power together” rather than “power over,” meaning that governance should be by and for all people, not just for the benefit of corporations or distant governments1,5.
Challenging Legal Barriers:
Building a New System: