The Commonwealth of Virginia is a "Dillon State". The Dillon Rule was originally written by an Iowa judge at a time of local government corruption and shaky finances. Judge Dillon opined that local governments are merely tenants at the will of the legislature. Simply stated, the Dillon rule allows the County to do only those things it is empowered by the legislature to do. Virginia follows the Dillon rule of strict construction concerning the legislative powers of local governing bodies providing that they have only those powers that are necessarily or fairly implied from expressly granted powers as well as those that are essential and indispensable. Good examples of the powers granted under the rule include the County's right to adopt measures deemed necessary to promote the health, safety and general welfare of its citizens.

Home Rule conversely allows a locality to do anything that is of a purely local character or not inconsistent with state law or policy. It in essence allows a locality to exercise any power not expressly denied to it. Home rule allows counties to have greater flexibility in organization, finance, and functions. In the organizational area, home-rule authority gives counties the authority to have a position of either appointed or elected executive. The ability of counties to control their own finances and the pace of development are improved when state government loosens its control. Home rule also allows a county to better serve the needs of their diverse populations. State mandated services are not necessarily required on an even basis between suburban and rural communities. The county therefore may be required to provide an unneeded service that decreases the resources it has to provide services more appropriate to its area.

Virginia is generally seen as a Dillon Rule state however over the years the state legislature has granted certain broad powers to the County. The remaining items of greatest concern under the Dillon rule are primarily the issues surrounding land use regulations and development in our rapidly growing county and the need to gain legislative approval to make relatively simple housekeeping changes. This report is intended to shed some definition to a question that is often raised when I am speaking with Dumfries District citizens. I suspect the controversies surrounding the Dillon Rule will be with us for a while as I doubt it will be abolished any time soon.

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