Frustrated Virginia supervisors want to scrap Dillon Rule

Apparently the Virginia edition of the Examiner has an article about local legislators not being enamored with the "Dillon" rule (from a court case from the mid-1800s, which states that local jurisdictions have the authority to act only when the state legislature has authorized such powers and authorities).

David writes:

This Dillon rule thing is interesting. Though many northern Va politicians and citizens see the Dillon rule as a way for regressive state governments to quash more progressive localities, I can also see the flip side. When I was in Florida, we dealt with somewhat less onerous state oversight on local land use and planning decisions, under the Department of Community Affairs (DCA).

All changes to local comp plans and zoning docs had to be run by DCA, who's job it was to make sure local governments weren't violating their own or state comprehensive plans by enacting contradictory laws or approving non-compliant projects. Though we sometimes resented their oversight and the extra work it demanded from us, I began to appreciate that their presence helped restrain some of the more egregious small-town politics and corruption from running roughshod over good planning.

Not that it didn't happen all the time, but I shudder to think of what it could have been like if the DCA hadn't been looking over everyone's shoulders. When I left three years ago, Governor Jeb was looking into restructuring DCA's role. I think the goal was to reign in some of its independence and put it more under the Governor's control. Maybe some of your readers will have more info on the results of that initiative.

The Dillon Rule has impacted Arlington negatively. Their affordable housing requirements were ruled out of order in the Virginia Courts because of the Dillon Rule. And they lack the authority to make Transportation Demand Management mandatory for the same reason.

I guess the difference is that the Dillon Rule is restrictive in cases with a less expansive state government with regard to land use and transportation laws. The Florida example shows the benefit of a higher level of oversight over communities where the pressure to develop land is always going to be very very strong, and "mistakes" will be made in favor of development.

In fact, in Howard County someone built a house without any permits at all, and the local Board of Zoning Adjustment and the County Government appear to approve this transgression by allowing permits after the fact...

But as ex-ANC Commissioner Marc Borbely was quoted in the Hill Rag newspaper (with regard to a somewhat similar land use regulation transgression in DC) "“I think that rules and regulations don’t always need to be followed.”

Hmm, if it feels good, do it...

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