Home Rule Authority

In Ohio, cities and villages are not simply administrative arms of the state. They are separate legal and political entities whose authority is grounded directly in the Ohio Constitution, not merely in statutes enacted by the General Assembly. This constitutional authority—known as municipal home rule—gives Ohio’s municipalities the right to govern their own local affairs and respond to the unique needs of their communities.

OML actively monitors legislation, litigation, and policy proposals that may affect municipal home rule authority. OML advocates for:

Respect for the constitutional status of municipalities
Clear and consistent application of home rule principles
Local decision-making authority in matters of local concern

Municipal home rule was adopted by Ohio voters in 1912 through amendments to Article XVIII of the Ohio Constitution. The Home Rule Amendment fundamentally changed that relationship by recognizing that local governments are best positioned to manage local issues.

This constitutional framework means that when state laws interfere with municipal home rule powers, those laws may be invalid as applied to municipalities, unless the Ohio Constitution expressly allows the state to act.

Two Core Components of Municipal Home Rule

Ohio’s municipal home rule authority rests on two complementary powers that allow cities and villages to govern effectively while remaining consistent with the Ohio Constitution.

Powers of Local Self-Government

The power of local self-government gives municipalities control over their internal affairs—the core functions that determine how a city or village operates day to day. This includes decisions about:

The structure and form of municipal government
Local administrative operations and procedures
Management of municipal property and assets
Municipal finances, including spending decisions and debt issuance (within constitutional limits)

These are matters that are fundamentally local in nature, and home rule recognizes that local officials are best positioned to make these decisions for their communities.

Municipal Police Powers

Municipalities also have the authority to adopt local regulations that protect public health, safety, and general welfare. These are commonly referred to as police powers and include areas such as:

Zoning and land-use regulation
Building and housing codes
Licensing and code enforcement
Traffic and public safety measures

This authority allows cities and villages to address local conditions, community character, and quality-of-life issues in ways that reflect local needs and values.

No Legislative “Preemption” of Home Rule

Unlike federal law, the Ohio Constitution does not allow for broad legislative preemption of municipal authority. The General Assembly cannot simply declare that a field of regulation is off-limits to municipalities. Any limitation on municipal police power must occur through a valid general law and a demonstrated conflict.

Ohio courts—not the Legislature—determine whether municipal authority has been displaced in a given situation.

Municipal Charters and Home Rule

A common misconception is that only charter municipalities have home rule authority. In reality, all Ohio cities and villages possess home rule powers, regardless of whether they have adopted a charter.

A charter allows a municipality to:

Customize its governmental structure
Establish procedures that differ from state statutes
Exercise broader procedural control over local self-government

However, a charter is not required to exercise municipal police powers or substantive local self-government authority.

Why Home Rule Matters

Municipal home rule is essential to effective local governance. It ensures that:

Local officials can respond quickly to community needs
One-size-fits-all state mandates do not override local priorities
Residents retain meaningful control over their local government
Cities and villages can innovate and tailor solutions to local conditions

Home rule reflects a foundational principle of Ohio governance: local decisions are best made by local communities, close to the people they affect.