State zoning statutes
Counties and municipalities
The legislature delegated zoning power to both county and municipal governments, so unincorporated land is zoned by the county.
Alaska Stat. §§ 29.40.010–29.40.040 (with mandate at § 29.35.180)
Alaska delegates zoning power to its local governments—boroughs (the state's county-equivalents) and cities—through Title 29, Chapter 40 of the Alaska Statutes. Under AS 29.40.040(a), the borough or city assembly "shall adopt" land use regulations in accordance with a comprehensive plan (AS 29.40.030), and these may include "zoning regulations restricting the use of land and improvements by geographic districts." AS 29.35.180 makes planning, platting, and land use regulation under AS 29.40 mandatory for first and second class boroughs and unified municipalities, while AS 29.40.010 sets the areawide borough framework and allows delegation to cities; home-rule boroughs must provide for these functions but are not bound by the specific terms of AS 29.40. There is no comprehensive state-level zoning scheme—authority rests with boroughs and cities, with cities exercising it where outside organized borough planning or by delegation.
Ariz. Rev. Stat. §§ 9-462.01 (municipalities) & 11-811 (counties); see also §§ 9-461 et seq. and 11-801 et seq.
Arizona is a delegated-authority (Standard State Zoning Enabling Act lineage) state: the state legislature does not zone directly but grants the power to two tiers of local government. Incorporated cities and towns receive zoning authority under Title 9, Chapter 4, Article 6.1, with the core grant in A.R.S. § 9-462.01(A), under which a municipality's legislative body "by ordinance, in order to conserve and promote the public health, safety and general welfare, may" regulate land use, building dimensions, lots, parking, setbacks, and similar matters. Counties hold zoning authority over unincorporated land under Title 11, Chapter 6, Article 2, with the core grant in A.R.S. § 11-811(A), authorizing the board of supervisors to "adopt a zoning ordinance in order to conserve and promote the public health, safety, convenience and general welfare." Both grants require zoning to be consistent with the locally adopted general/comprehensive plan, and municipal zoning supersedes county zoning within incorporated boundaries. Arizona has no general home-rule zoning power independent of these enabling statutes (though charter cities exercise local control within them), so the structure is best characterized as county_and_municipal authority delegated by the state.
Ark. Code Ann. §§ 14-56-401 to 14-56-426 (municipal planning/zoning); §§ 14-17-201 to 14-17-212 (county planning/zoning); key grants at §§ 14-56-416 and 14-17-209
Arkansas has no statewide zoning regime; it follows the Standard State Zoning Enabling Act model, delegating zoning power to local governments under Title 14 (Local Government) of the Arkansas Code. Municipalities (cities of the first and second class and incorporated towns) derive authority from Subtitle 3, Chapter 56, Subchapter 4, with the operative grant of zoning power in Ark. Code Ann. § 14-56-416 (and foundational authority in § 14-56-402), letting them adopt a map-and-text zoning ordinance regulating use, height, bulk, density, lot coverage, parking, and similar matters. Counties may zone the unincorporated areas of the county through a county planning board under Subtitle 2, Chapter 17, Subchapter 2, with the parallel grant in Ark. Code Ann. § 14-17-209. Thus zoning authority in Arkansas is held concurrently by municipalities (within their limits) and counties (over unincorporated territory), each exercising it through a planning commission/board and legislative adoption.
Cal. Gov't Code §§ 65800 et seq. (key grant at §§ 65800, 65850)
California delegates zoning power to local governments under the Planning and Zoning Law (Gov't Code Title 7, Div. 1). Chapter 4 (§§ 65800 et seq.) is the zoning enabling chapter; § 65800 declares the Legislature's intent to give counties and cities "the maximum degree of control over local zoning matters," and § 65850 is the operative grant authorizing the legislative body of any county or city to adopt zoning ordinances regulating land use, building bulk/height, lots, parking, setbacks, and related matters. Authority thus rests at the county and municipal level rather than the state. General-law cities and counties derive their zoning power from this statute, while charter (home-rule) cities also hold independent zoning authority under the California Constitution (Art. XI, § 7), though they remain subject to statewide matters of concern (e.g., housing element and density-bonus laws). Confidence is high; §§ 65800 and 65850 are the well-established enabling provisions.
Colo. Rev. Stat. §§ 31-23-301 et seq. (municipalities); Colo. Rev. Stat. §§ 30-28-101 et seq. (counties)
Colorado follows the Standard State Zoning Enabling Act lineage and delegates zoning power to local governments rather than retaining it at the state level. Municipalities derive zoning authority from C.R.S. § 31-23-301 et seq., which empowers city and town legislative bodies to regulate building height/size, lot coverage, density, and land use for health, safety, morals, or general welfare; counties derive authority over unincorporated territory from C.R.S. § 30-28-101 et seq., where the planning commission prepares the zoning plan (§ 30-28-111) and the board of county commissioners adopts and enforces it (§ 30-28-113). In addition, home-rule cities and counties draw independent zoning power from the Colorado Constitution (Art. XX, § 6, and Art. XIV, § 16) as a matter of local concern, so statutory and home-rule sources operate in parallel. Statutory (non-home-rule) municipalities and counties hold only the powers the legislature grants and may be limited or preempted by state law.
Del. Code Ann. tit. 22, §§ 301 et seq. (municipalities); Del. Code Ann. tit. 9, §§ 2601 et seq. (New Castle County), §§ 4901 et seq. (Kent County), §§ 6901 et seq. (Sussex County)
Delaware follows the Standard State Zoning Enabling Act lineage and delegates zoning power to local governments rather than retaining it at the state level. Municipalities (cities and incorporated towns) receive their authority under Title 22, Chapter 3, with the core grant of power in § 301 and the authority to create districts in § 302. The state's three counties are each empowered to zone their unincorporated areas under Title 9, in county-specific chapters: New Castle County (Chapter 26, grant in § 2601), Kent County (Chapter 49), and Sussex County (Chapter 69). Thus zoning authority in Delaware is held concurrently by municipalities and counties, with counties governing land outside incorporated municipal boundaries.
Fla. Stat. §§ 163.3161 et seq. (Community Planning Act), esp. §§ 163.3161, 163.3202; see also Fla. Stat. §§ 125.01 (counties) and 166.021 (municipalities)
Florida exercises zoning at the local level through counties and municipalities; there is no statewide zoning map. The operative enabling framework is the Community Planning Act, Fla. Stat. ch. 163, pt. II (§§ 163.3161-163.3248), which requires every county and municipality to adopt a comprehensive plan and then adopt and enforce land development regulations that "[r]egulate the use of land and water" consistent with that plan (§ 163.3202). Section 163.3161 expressly disclaims any intent to limit local power and instead "recogni[zes]...their broad statutory and constitutional powers to plan for and regulate the use of land." That underlying police power flows from Florida's home-rule grants—Art. VIII of the Florida Constitution implemented by Fla. Stat. § 166.021 (municipalities) and § 125.01 (counties)—so the authority model is delegated, home-rule-based local zoning by counties and municipalities, structured and constrained by the Chapter 163 comprehensive-planning regime.
Ga. Const. art. IX, § II, ¶ IV; O.C.G.A. §§ 36-66-1 to 36-66-7 (Zoning Procedures Law)
Georgia is distinctive in that zoning power is granted DIRECTLY to local governments by the state Constitution rather than through a traditional Standard State Zoning Enabling Act delegation. Ga. Const. Art. IX, Sec. II, Para. IV provides that the governing authority of each county and each municipality "may adopt plans and may exercise the power of zoning," while reserving to the General Assembly only the ability to enact general laws establishing PROCEDURES for exercising that power. The General Assembly exercised that reserved authority by enacting the Zoning Procedures Law in 1985 (O.C.G.A. §§ 36-66-1 to 36-66-7, effective Jan. 1, 1986), which sets minimum due-process procedures (hearings, public notice) that local governments must follow; § 36-66-2 expressly "recogniz[es] and confirm[s]" the local zoning authority rather than granting it. Thus authority rests with counties and municipalities under a constitutional home-rule grant, with the state supplying only the procedural framework; the Zoning Procedures Law does not itself create or compel the substantive power to zone.
Idaho Code §§ 67-6501 to 67-6538 (Local Land Use Planning Act); key grant at §§ 67-6503, 67-6511
Idaho delegates zoning authority to both cities and counties through the Local Land Use Planning Act (LLUPA), codified at Idaho Code Title 67, Chapter 65 (§§ 67-6501 et seq.), enacted in 1975. Section 67-6503 makes the delegation mandatory, directing that "every city and county shall exercise the powers conferred by this chapter," and § 67-6511 is the operative grant authorizing each governing board to enact a zoning ordinance establishing zoning districts and regulating building height, size, lot occupancy, population density, and the location and use of buildings, structures, and land. Zoning must conform to a locally adopted comprehensive plan (§ 67-6508) and follow the notice-and-hearing procedures of § 67-6509. There is no statewide zoning authority; planning and zoning power rests with municipalities (over incorporated areas) and counties (over unincorporated areas), grounded in the police power that Article XII, Section 2 of the Idaho Constitution affords cities and counties.
65 ILCS 5/11-13-1 et seq. (municipalities); 55 ILCS 5/5-12001 et seq. (counties)
Illinois follows the Standard State Zoning Enabling Act lineage, delegating zoning power to local governments rather than exercising it at the state level. Municipalities (cities, villages, incorporated towns) receive zoning authority under the Illinois Municipal Code, 65 ILCS 5/11-13-1 et seq. (Article 11, Division 13), while counties receive authority to zone unincorporated areas under the Counties Code, 55 ILCS 5/5-12001 et seq. County zoning applies only outside the limits of municipalities that have their own zoning ordinances, so municipal authority is generally paramount within city/village boundaries. Additionally, home rule units (under Article VII, Section 6 of the 1970 Illinois Constitution — generally municipalities over 25,000 and counties with an elected chief executive, such as Cook County) possess broad inherent powers including zoning that do not depend on these enabling statutes, though the statutory provisions remain the primary enabling framework for non-home-rule units.
Ind. Code §§ 36-7-4-1 et seq. (key sections: 36-7-4-201, 36-7-4-601)
Indiana delegates zoning authority to local governments ("units" — cities, towns, and counties) through Title 36, Article 7, Chapter 4 of the Indiana Code (the "600 series" specifically governs zoning ordinances). Under IC 36-7-4-201, a unit wishing to exercise planning and zoning powers must do so in the manner this chapter prescribes, with the stated purpose of letting units improve the health, safety, convenience, and welfare of their citizens. IC 36-7-4-601 vests the unit's legislative body (city/town council or county commissioners/council) with exclusive authority to adopt a zoning ordinance, but only after a comprehensive plan has been approved under the chapter's 500 series; the body acts to secure light, air, access, and safety, lessen congestion, and promote the general welfare. Zoning is administered locally through plan commissions and boards of zoning appeals created under the same chapter, reflecting the Standard State Zoning Enabling Act lineage. This is a classic local-delegation (county and municipal) model rather than a state-level zoning regime.
Iowa Code §§ 414.1 et seq. (City Zoning); Iowa Code §§ 335.1 et seq. (County Zoning)
Iowa delegates zoning authority to its local governments rather than zoning at the state level, following the Standard State Zoning Enabling Act model. Cities derive their power from Iowa Code Chapter 414, with the core grant in §414.1 empowering "any city" to regulate the height, bulk, density, and use of buildings, structures, and land for the public health, safety, morals, and general welfare. Counties derive their power from Iowa Code Chapter 335, which applies to a county only "at the option of the board of supervisors" (§335.1); §335.3 grants the board the parallel power to regulate by ordinance, but only as to unincorporated land lying outside any city's corporate limits. County zoning notably exempts most agricultural land, farm houses, and farm structures while so used (§335.2). The two chapters together create a county-and-municipal authority model with strong local home-rule discretion.
Kan. Stat. Ann. §§ 12-741 et seq. (key sections: 12-741, 12-753)
Kansas delegates zoning power to local governments — both cities (acting by ordinance) and counties (acting by resolution) — through the Planning, Zoning and Subdivision Regulations in Cities and Counties Act, codified at Kan. Stat. Ann. §§ 12-741 et seq. (Chapter 12, Article 7), effective January 1, 1992. Section 12-741 is the express enabling provision declaring the act "enabling legislation for the enactment of planning and zoning laws and regulations by cities and counties for the protection of the public health, safety and welfare." The core grant of power is in § 12-753, which authorizes the local governing body to divide its territory into zoning districts and regulate the use, height, bulk, and density of land and buildings; § 12-755 supplements this with authority for PUDs, transfer of development rights, historic preservation, special/conditional use permits, and overlay zones. Although Kansas cities and counties also possess home-rule powers, Kansas courts hold that local zoning authority derives specifically from this statutory grant rather than from general home rule, making § 12-741 et seq. the controlling enabling law.
Ky. Rev. Stat. Ann. §§ 100.111 et seq. (key grant of power at § 100.201)
Kentucky delegates zoning authority to local governments through KRS Chapter 100 (Planning and Zoning), the state's enabling act in the Standard State Zoning Enabling Act lineage. Cities, counties, and consolidated local governments (e.g., Louisville-Jefferson County, Lexington-Fayette urban-county government) exercise the power by first forming a "planning unit" (independently, jointly, or regionally per KRS 100.113), adopting a comprehensive plan (KRS 100.183-.187), and then enacting zoning regulations. The operative grant of power is KRS 100.201: once the required comprehensive-plan elements are adopted, the legislative bodies of cities and the fiscal courts of counties within the unit "may enact permanent land use regulations, including zoning," to promote public health, safety, morals, and general welfare. Both municipalities and counties hold zoning power, but it is procedurally tied to planning-unit formation and comprehensive planning rather than granted outright.
Md. Code Ann., Land Use §§ 4-101 to 4-104 (Title 4, Zoning); see also §§ 1-101 et seq.
Maryland delegates zoning authority from the State to local governments through the Land Use Article of the Maryland Annotated Code. Title 4, Subtitle 1 (the grant-of-power sections, §§ 4-101 to 4-104) declares the State policy that "planning and zoning controls shall be implemented by local government" and authorizes a "legislative body" — defined as the elected body of a "local jurisdiction" (a county or municipal corporation) — to regulate building height, lot coverage, parking, open space, population density, and the location and use of buildings, signs, structures, and land (§ 4-102), and to divide the jurisdiction into districts (§ 4-201). Thus zoning power is held at the county and municipal level under a state delegation in the Standard State Zoning Enabling Act lineage; charter (home-rule) and code counties operate under modified provisions of the same Article (Title 1, Subtitle 4). Montgomery County and Prince George's County are largely carved out of Division I and instead operate under a separate regional scheme — the Maryland-Washington Regional District Act in Division III (Title 14, § 14-201), which applies only to those two counties.
Mich. Comp. Laws §§ 125.3101 et seq. (Michigan Zoning Enabling Act, 2006 PA 110); key grant at MCL 125.3201
Michigan delegates zoning authority to local units of government through the Michigan Zoning Enabling Act, 2006 PA 110 (MCL 125.3101 et seq.), effective July 1, 2006. This act consolidated Michigan's three prior zoning enabling acts (the separate City/Village, Township, and County Zoning Acts) into a single statute. Under MCL 125.3102(o), a "local unit of government" authorized to zone means a county, township, city, or village; the core grant of power in MCL 125.3201(1) empowers any such local unit to provide by zoning ordinance for the regulation of land development and the establishment of districts within its zoning jurisdiction. Authority is thus exercised at both the municipal level (cities, villages, townships) and the county level, with counties' jurisdiction generally limited to areas not otherwise covered by township or city/village zoning (MCL 125.3102(x)).
Minn. Stat. §§ 462.351–462.364 (municipal) & §§ 394.21–394.37 (county); key grant: § 462.357, subd. 1 and § 394.21, subd. 1
Minnesota is a Standard State Zoning Enabling Act-lineage delegation state with two parallel enabling chapters: Chapter 462 (the Municipal Planning Act) delegates zoning authority to municipalities, and Chapter 394 delegates parallel planning and zoning authority to counties (the population cap originally in § 394.21 effectively excludes only Hennepin/Ramsey-scale jurisdictions, which are governed as cities). The operative municipal grant in § 462.357, subd. 1 lets a municipality "by ordinance regulate" land use, building bulk, density, and uses for the public health, safety, morals, and general welfare, and divide the jurisdiction into districts; cities may also extend zoning up to two miles into unincorporated territory not already zoned by a county or town. The county grant in § 394.21, subd. 1 authorizes counties to carry on planning and zoning for the same purposes, with the implementing ordinance power in § 394.25. The State of Minnesota itself does not exercise direct land-use zoning; authority rests with local governments, and home-rule charter and statutory cities both zone under Chapter 462.
Miss. Code Ann. §§ 17-1-1 to 17-1-27 (esp. §§ 17-1-3, 17-1-7, 17-1-9)
Mississippi delegates zoning authority to local governments through Title 17, Chapter 1 of the Mississippi Code of 1972, a Standard State Zoning Enabling Act-derived statute. The operative grant in § 17-1-3 empowers the governing authority of any municipality to zone within its corporate limits and the governing authority of any county to zone the unincorporated portion of the county, exercising the classic police-power purposes of promoting health, safety, morals, and the general welfare. Section 17-1-7 authorizes division of the jurisdiction into zones (with uniformity within each zone), and § 17-1-9 requires that regulations be made in accordance with a comprehensive plan. A statutory exemption removes most agricultural and forestry land and farm/forestry buildings outside municipal limits from permit requirements. There is no state-level zoning board; authority rests with local boards (city councils/boards of aldermen and county boards of supervisors).
Mo. Rev. Stat. §§ 89.010–89.491 (municipal zoning); Mo. Rev. Stat. ch. 64 (county zoning, incl. §§ 64.090, 64.211–64.295, 64.510–64.690, 64.800–64.910)
Missouri does not zone at the state level; instead it delegates zoning power to local governments following the Standard State Zoning Enabling Act model. Municipal zoning authority is granted to the legislative bodies of all cities, towns, and villages under Chapter 89 RSMo (the operative grant of power is § 89.020.1, applied to all municipalities by § 89.010). County zoning authority over unincorporated areas is granted under Chapter 64 RSMo, which contains separate parallel grant-of-power articles keyed to county classification (e.g., § 64.090 and §§ 64.211–64.295 for first-class counties, §§ 64.510–64.690 and 64.800–64.910 for other counties); county zoning is generally adoptable at local option. Both the municipal and county grants use the classic "health, safety, morals or general welfare" enabling language. Charter (home-rule) counties and constitutional charter cities derive additional land-use authority from their charters under the Missouri Constitution.
Mont. Code Ann. §§ 76-2-101 et seq. (county: §§ 76-2-201 et seq.; municipal: §§ 76-2-301 et seq.)
Montana delegates zoning authority to local governments through Title 76, Chapter 2 of the Montana Code Annotated, following the Standard State Zoning Enabling Act lineage. Municipal zoning is authorized for cities and incorporated towns under Part 3 (§ 76-2-301, traceable to a 1929 act), empowering their councils to regulate building height, lot coverage, density, and the use of land and structures. County zoning is authorized under Part 2 (§ 76-2-201, originating in 1963), allowing a board of county commissioners that has adopted a growth policy to zone all or parts of the unincorporated jurisdictional area, with regulations required to be made in accordance with that growth policy (§ 76-2-203). Montana counties and cities/towns may also exercise these powers through self-government (home-rule) charters, so the authority model is both county and municipal with a home-rule overlay.
Neb. Rev. Stat. §§ 19-901 to 19-915 (municipal); §§ 23-114 to 23-114.05 (county)
Nebraska follows the Standard State Zoning Enabling Act lineage, delegating zoning power from the state to local governments rather than zoning at the state level. Municipal zoning power for cities of the first class, cities of the second class, and villages is granted by Neb. Rev. Stat. §§ 19-901 to 19-915 (Chapter 19, Article 9), with § 19-901 as the core grant of power and purposes; the power may be exercised only after the municipality appoints a planning commission and adopts a comprehensive development plan. County zoning power is granted separately by Neb. Rev. Stat. §§ 23-114 to 23-114.05, with § 23-114 as the operative grant authorizing the county board to adopt a comprehensive plan and a zoning resolution having the force and effect of law; county authority does not reach into incorporated municipalities. Nebraska's two largest cities classes — metropolitan-class (Omaha) and primary-class (Lincoln) — operate under separate home-rule charter chapters (Chapters 14 and 15) and constitutional home-rule authority, so the Chapter 19 act applies principally to first/second-class cities and villages.
Nev. Rev. Stat. §§ 278.010 to 278.630 (key grants at §§ 278.020, 278.250)
Nevada delegates zoning authority to local governments — cities and counties — under Chapter 278 of the Nevada Revised Statutes (NRS 278.010 to 278.630), Nevada's planning and zoning enabling act in the Standard State Zoning Enabling Act lineage. NRS 278.020 grants the governing bodies of cities and counties the power to regulate and restrict land improvement and structures for the general welfare, while NRS 278.250 authorizes those governing bodies to divide their jurisdiction into zoning districts and to regulate buildings, structures, and land within them, provided the regulations conform to the locally adopted master plan. Zoning power is thus exercised at the municipal and county level (with regional planning provisions in larger areas such as Washoe and Clark counties); Nevada is not a home-rule state in the strong sense, so local zoning power derives from this state enabling statute rather than an independent constitutional grant. There is no state-level zoning regime comparable to Hawaii or Oregon.
N.M. Stat. Ann. §§ 3-21-1 to 3-21-26 (NMSA 1978)
New Mexico delegates zoning power to local governments under NMSA 1978, Chapter 3, Article 21 (Zoning Regulations). The key enabling provision, Section 3-21-1, expressly designates "a county or municipality" as a "zoning authority" and grants it power to regulate building height, lot coverage, open space, population density, and the location and use of buildings and land for the purpose of promoting health, safety, morals, or the general welfare—classic Standard State Zoning Enabling Act language. The same authority allows the local government to divide its territory into districts and impose district-specific regulations that must be uniform within each district. Companion sections require that zoning conform to a comprehensive plan (3-21-5) and provide for boards of adjustment, variances, and appeals; certain class A counties and municipalities may also exercise concurrent extraterritorial zoning authority (3-21-3 et seq.). The model is therefore county-and-municipal delegation rather than state-level land use control.
N.C. Gen. Stat. §§ 160D-701, 160D-702 (Chapter 160D, Article 7)
North Carolina is a delegation state: the General Assembly grants zoning power to local governments through Chapter 160D of the General Statutes, Article 7. The term "local government" in Chapter 160D includes both cities/towns and counties, so zoning authority is held by municipalities and counties (not the state itself). The core grant is G.S. 160D-702(a) ("A local government may adopt zoning regulations..."), and G.S. 160D-701 sets the Standard State Zoning Enabling Act-style purposes (regulations made in accordance with a comprehensive plan to promote public health, safety, and general welfare). Chapter 160D, effective June 19, 2020 with a July 1, 2021 compliance deadline, consolidated the formerly separate city (Chapter 160A) and county (Chapter 153A) development-regulation enabling statutes into one unified chapter without major changes to the scope of authority delegated.
N.D. Cent. Code §§ 40-47-01 et seq. (city zoning); N.D. Cent. Code §§ 11-33-01 et seq. (county zoning)
North Dakota delegates zoning authority to local governments through two parallel enabling chapters of the Century Code, both descended from the Standard State Zoning Enabling Act. Chapter 40-47 (City Zoning) empowers the governing body of any city to regulate building height, lot coverage, density, and the use of land for the protection of health, safety, morals, and general welfare, and to divide the city into uniform districts. Chapter 11-33 (County Zoning) grants the board of county commissioners parallel power to regulate the location, use, and occupancy of buildings and land within the county and to divide the county into districts by resolution. There is no statewide land-use zoning authority; zoning power rests with municipalities and counties (with cities also able to assert extraterritorial jurisdiction under 40-47-01.1). Confidence is high; operative text was taken verbatim from the official North Dakota Legislative Branch Century Code PDFs.
Ohio Rev. Code Ann. §§ 713.06–713.07 (municipal); §§ 519.02 et seq. (township); §§ 303.02 et seq. (county); Ohio Const. art. XVIII (home rule)
Ohio is a local-delegation, home-rule state with no statewide zoning code; zoning power is exercised by municipalities, counties (over unincorporated territory), and townships. Municipal corporations zone under Ohio Revised Code Chapter 713 (§§ 713.06–713.07), under which a planning commission frames a districting plan and the legislative authority then regulates the location and use of buildings and premises; chartered municipalities also draw independent zoning power from the home-rule provision of Ohio Constitution Article XVIII, Section 3. County commissioners may zone unincorporated territory under Chapter 303 (§ 303.02), and township trustees may zone unincorporated township territory under Chapter 519 (§ 519.02), both following Standard State Zoning Enabling Act lineage and requiring comprehensive plans and (typically) voter approval of the initial zoning resolution. Where county and township zoning overlap, § 519.22 provides that earlier-approved county rural zoning takes precedence unless voters replace it. The municipal Chapter 713 grant is the closest single analog to the classic enabling act, but Ohio's authority is genuinely split across these three local layers.
Okla. Stat. tit. 11, §§ 43-101 et seq. (municipalities); Okla. Stat. tit. 19, §§ 866.1 et seq., 868.1 et seq. (counties)
Oklahoma is a delegation state following the Standard State Zoning Enabling Act lineage, with no statewide zoning authority. Zoning power is granted to two types of local governments: municipalities (cities and towns) under Title 11, Article 43, with the core grant of power in 11 O.S. § 43-101 and the comprehensive-plan/purposes provision in § 43-103; and counties, which may zone unincorporated areas under Title 19 (§ 868.11 grants county commissioners the zoning power, with related procedural and city-county cooperative planning provisions in §§ 866.1 et seq. and 868.1 et seq.). Both grants track the SSZEA "health, safety, morals, general welfare" formulation, require regulations in accordance with a comprehensive plan, and provide procedures for zoning commissions, boards of adjustment, notice, hearings, and amendments. County zoning expressly exempts agricultural farm buildings/crops, mineral extraction, and Corporation Commission-regulated public utilities.
Or. Rev. Stat. §§ 227.215, 215.050 (zoning delegation); §§ 197.005 et seq. (statewide planning goals / LCDC)
Oregon delegates the actual zoning power to cities (ORS Chapter 227) and counties (ORS Chapter 215): ORS 227.215(2) authorizes a city to "plan and otherwise encourage and regulate the development of land" and to divide itself into districts, while ORS 215.050(1) directs the county governing body to "adopt and may from time to time revise a comprehensive plan and zoning, subdivision and other ordinances applicable to all of the land in the county." What makes Oregon distinctive is that this delegated zoning authority operates inside a mandatory statewide land use planning framework: under ORS Chapter 197, the Land Conservation and Development Commission (LCDC) adopts binding statewide planning goals, and all local zoning and land use regulations must implement an acknowledged comprehensive plan that conforms to those goals (ORS 215.050(2) requires county ordinances be "designed to implement the adopted county comprehensive plan"). Thus zoning power is held and exercised locally by counties and municipalities, but it is supervised, constrained, and reviewable at the state level rather than left fully to local discretion. Confidence is high; the operative city and county grant-of-power sections were confirmed verbatim from Oregon public.law, with the county text cross-checked at the official Oregon Legislature site.
Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, Art. VI, §§ 601-604 (53 P.S. §§ 10601-10604); zoning grant of power at 53 P.S. § 10601
Pennsylvania delegates zoning authority to local governments through the Pennsylvania Municipalities Planning Code (MPC), Act 247 of 1968 (53 P.S. §§ 10101 et seq.). Under MPC § 601 (53 P.S. § 10601), the governing body of each municipality—cities of the second class A and third class, boroughs, incorporated towns, and first- and second-class townships—may enact, amend, and repeal zoning ordinances to implement comprehensive plans; § 603 spells out the core grant of regulated subjects (uses, building size/height/bulk, lot dimensions, density, and resource protection). Counties have only a residual/backstop role under § 602: county zoning applies solely to municipalities within the county that have no zoning ordinance of their own, and a municipality's later adoption of zoning repeals the county ordinance pro tanto within its borders. Philadelphia and Pittsburgh (first- and second-class cities) are excluded from the MPC and zone under separate home-rule/charter authority, so the practical model is primarily municipal with a limited county fallback.
S.C. Code Ann. §§ 6-29-310 et seq.; key zoning grant at §§ 6-29-710, 6-29-720
South Carolina delegates zoning power to local governments through the South Carolina Local Government Comprehensive Planning Enabling Act of 1994, codified at Title 6, Chapter 29 of the S.C. Code. The core grant appears in S.C. Code Ann. Section 6-29-720(A), which authorizes "the governing body of a municipality or county" to adopt a zoning ordinance, but only after the local planning commission has prepared and the governing body has adopted at least the land use element of a comprehensive plan. Section 6-29-710 sets out the purposes the zoning ordinance must serve, and Section 6-29-720 enumerates the matters a local government may regulate within districts (use, height, density, setbacks, parking, site plan elements) along with permitted zoning techniques. Authority is held at both the county and municipal level in the Standard State Zoning Enabling Act lineage, with the distinctive South Carolina requirement that zoning be tied to and follow adoption of a comprehensive plan.
S.D. Codified Laws §§ 11-2-1 et seq. (county zoning); S.D. Codified Laws §§ 11-4-1 et seq. (municipal zoning)
South Dakota follows the Standard State Zoning Enabling Act model, delegating zoning power to local governments rather than exercising it at the state level. Counties receive zoning authority through S.D. Codified Laws Chapter 11-2 (County Planning and Zoning): § 11-2-13 empowers the board of county commissioners to adopt a zoning ordinance to regulate building height, lot coverage, open space, population density, and the use of buildings and land for the purpose of promoting health, safety, or general welfare. Municipalities receive parallel authority through Chapter 11-4 (Municipal Zoning): § 11-4-1 grants the municipal governing body the same regulatory powers, and § 11-4-2 authorizes division of the municipality into uniform districts. The grant language in both chapters is nearly identical and tracks the 1920s SSZEA template, so zoning power in South Dakota is held concurrently by counties (over unincorporated areas) and by cities/towns (within their limits).
Tenn. Code Ann. §§ 13-7-101 et seq. (county zoning); §§ 13-7-201 et seq. (municipal zoning)
Tennessee follows the Standard State Zoning Enabling Act lineage, delegating zoning authority from the state to local governments rather than zoning at the state level. The enabling law sits in Title 13, Chapter 7 of the Tennessee Code, which is split into two parallel grants: Part 1 (§ 13-7-101) empowers each county legislative body to zone the unincorporated portions of the county lying outside municipal corporations, and Part 2 (§ 13-7-201) empowers the chief legislative body of any municipality (board of aldermen, board of commissioners, or council) to zone within municipal boundaries. Both grants authorize regulation of building location, height, bulk, lot coverage, yards/open space, population density, and the use of buildings and land, exercised through the procedures in the chapter and in coordination with the relevant planning commission. Thus zoning power in Tennessee is held by counties (for unincorporated areas) and municipalities (within their limits); the state does not administer local zoning directly.
Utah Code Ann. §§ 10-20-101 et seq. (MLUDMA) / §§ 17-79-101 et seq. (CLUDMA), eff. 2025-11-06 (formerly 10-9a-101 / 17-27a-101)
Utah is a delegation (Standard State Zoning Enabling Act lineage) state with no general state-level zoning. The Legislature delegates land use and zoning power to local governments through two nearly identical statutes collectively known as LUDMA: the Municipal Land Use, Development, and Management Act (Title 10, Chapter 9a) for cities and towns, and the County Land Use, Development, and Management Act (Title 17, Chapter 27a) for counties. The core grant of power is in § 10-9a-102 / § 17-27a-102 ("Purposes -- General land use authority"), authorizing municipalities and counties to enact ordinances, resolutions, and rules governing the use and development of land; the procedural authority to enact those regulations, create zoning districts, and designate allowed uses is set out in § 10-9a-501 / § 17-27a-501. Zoning power rests with each local legislative body acting by ordinance, subject to LUDMA's mandatory procedural requirements; the State retains only narrow subject-specific overrides (e.g., airport zoning under Title 72, Chapter 10). Note: the 2025 recodification renumbered some sections effective 11/6/2025, but the substantive delegation framework is unchanged.
Va. Code Ann. §§ 15.2-2280 et seq. (see also §§ 15.2-2283, 15.2-2286)
Virginia is a Dillon Rule state, so localities possess no inherent zoning power and exercise only the authority expressly delegated by the General Assembly. That delegation is made in Title 15.2, Chapter 22, Article 7 of the Code of Virginia, beginning at § 15.2-2280. The operative grant in § 15.2-2280 empowers "any locality" (counties, cities, and towns) to divide its territory into districts by ordinance and to regulate, restrict, permit, prohibit, and determine land use, structure dimensions, lot/open-space dimensions, and resource extraction; § 15.2-2283 sets the public-welfare purposes the ordinance must serve, and § 15.2-2286 enumerates the permitted ordinance provisions and amendment procedures. Zoning authority thus rests at the county and municipal level via state delegation, not at the state level.
Wash. Rev. Code §§ 35.63.010 et seq. (esp. § 35.63.080); see also Ch. 36.70 RCW (counties), Ch. 35A.63 RCW (code cities), Ch. 36.70A RCW (Growth Management Act)
Washington follows the Standard State Zoning Enabling Act lineage and delegates zoning power to local governments rather than zoning at the state level. Cities and towns receive the grant through Chapter 35.63 RCW (Planning Commissions), whose core provision, RCW 35.63.080, authorizes the council or board to regulate and restrict the location and use of buildings and land, height and density, setbacks, open space, and the subdivision of land in the interest of health, safety, morals, and the general welfare; optional municipal code cities operate under the parallel Chapter 35A.63 RCW. Counties hold equivalent authority under the Planning Enabling Act, Chapter 36.70 RCW, which empowers them to adopt "official controls" including zoning ordinances to implement a comprehensive plan. Overlaying this delegated structure, the state Growth Management Act (Chapter 36.70A RCW) mandates comprehensive planning and consistent development regulations for larger and faster-growing counties and their cities, giving Washington a state-supervised but locally administered zoning system. Authority is therefore held concurrently by municipalities and counties, constrained by GMA where it applies.
W. Va. Code §§ 8A-7-1 et seq. (within Ch. 8A, Land Use Planning)
West Virginia delegates zoning authority to local governments through Chapter 8A of its Code (Land Use Planning), enacted in 2004 to modernize and consolidate the state's prior planning and zoning enabling laws. Under W. Va. Code §8A-7-1, the governing body of a municipality or a county may regulate land use within its jurisdiction by adopting a comprehensive plan, developing a zoning ordinance with its planning commission and the public, and enacting that zoning ordinance. Both counties and municipalities hold zoning power; a county ordinance may cover all or part of the county, a municipal ordinance must cover the entire municipality, and a municipality may adopt the county's ordinance by reference. The grant follows the Standard State Zoning Enabling Act lineage, with §8A-7-2 enumerating the police-power purposes (public health, safety, welfare, congestion, historic and agricultural preservation, orderly development) and required ordinance contents. This is a county-and-municipal delegation model with no general state-level zoning authority.
Wis. Stat. §§ 62.23(7), 61.35, 60.61–60.62, 59.69
Wisconsin follows the Standard State Zoning Enabling Act lineage, delegating zoning power to local governments rather than retaining it at the state level. Cities receive the grant of zoning power directly under Wis. Stat. § 62.23(7)(am); villages obtain the identical powers because § 61.35 makes § 62.23 applicable to them; towns may exercise village zoning powers under §§ 60.61–60.62 (town zoning under § 60.62 generally requires county board approval where a county ordinance exists); and counties are independently authorized to zone the unincorporated areas outside cities and villages under § 59.69. Thus zoning authority in Wisconsin is held concurrently by municipalities (cities, villages, qualifying towns) and counties, each acting through ordinances enacted under these enabling provisions, with the city/village grant to be "liberally construed in favor of the city."
Wyo. Stat. Ann. §§ 15-1-601 to 15-1-611 (municipalities); Wyo. Stat. Ann. §§ 18-5-201 to 18-5-208 (counties)
Wyoming follows the Standard State Zoning Enabling Act lineage and delegates zoning authority to local governments, with no statewide zoning. The power is split by geography: cities and towns receive it under Title 15, Chapter 1, Article 6 (Wyo. Stat. Ann. §§ 15-1-601 to 15-1-611), where the municipal governing body may by ordinance divide the municipality into districts and regulate building height, lot coverage, density, and use in accordance with a comprehensive plan. Counties receive parallel authority over unincorporated areas under Title 18, Chapter 5 (Wyo. Stat. Ann. §§ 18-5-201 to 18-5-208), exercised by the board of county commissioners; county authority expressly does not reach incorporated cities/towns and contains carve-outs for mineral extraction, certain exempt land divisions, and private schools. Wyoming municipalities are statutory (not constitutional home rule) entities, so their zoning power derives from this delegation rather than independent home-rule authority.
Municipalities only
Zoning power runs to cities and towns. Counties zone only where a separate act reaches them, which usually leaves unincorporated land unzoned.
Ala. Code §§ 11-52-70 to 11-52-84 (Code of Alabama 1975)
Alabama is a non-home-rule (Dillon's Rule) state, so zoning authority exists only where the Legislature has expressly delegated it. The primary enabling statute is the Municipal Zoning Enabling Act, codified at Ala. Code §§ 11-52-70 to 11-52-84 (Title 11, Chapter 52, Article 4), which traces to 1923 Act 443 and follows the Standard State Zoning Enabling Act model. It delegates general zoning power to municipal corporations: § 11-52-70 grants the basic power to divide the municipality into districts and regulate structures and uses, § 11-52-72 ties regulations to a comprehensive plan and public-welfare purposes, and § 11-52-73 supplies the core grant to regulate height, lot coverage, density, and use. Alabama counties have no general zoning authority; a county may exercise zoning only when specifically authorized by local legislation or a local constitutional amendment, which is why county zoning in Alabama is piecemeal rather than uniform.
Conn. Gen. Stat. §§ 8-1 to 8-13a (Title 8, Chapter 124); key enabling provisions §§ 8-1, 8-2
Connecticut delegates zoning authority to its municipalities (cities, towns, and boroughs), exercised through a local zoning commission. Title 8, Chapter 124 of the General Statutes is the general zoning enabling act: Sec. 8-1 allows any municipality, by vote of its legislative body, to adopt the chapter and exercise its powers through a zoning commission, and Sec. 8-2 is the core grant of power, authorizing the commission to regulate building height/size, lot coverage, open space, population density, and the use of buildings and land, to divide the municipality into districts, and to require special permits—subject to the comprehensive-plan and purposes mandates in 8-2(b). Connecticut counties have no governmental zoning function (the state abolished county government in 1960), so zoning power rests at the municipal level; the act follows the Standard State Zoning Enabling Act lineage but adoption is local rather than statewide. Confidence is high; the operative text was taken verbatim from the official Connecticut General Assembly statute site.
La. Rev. Stat. Ann. §§ 33:4721 et seq.
Louisiana follows the Standard State Zoning Enabling Act lineage: the state legislature delegates zoning power rather than zoning at the state level. The principal enabling provision, R.S. 33:4721 (Title 33, Chapter 11, "Zoning," comprising §§ 33:4721–4730), grants the governing authority of all municipalities the power to regulate building height, size, lot coverage, population density, and the use of buildings, structures, and land for the health, safety, morals, or general welfare of the community; R.S. 33:4722 authorizes division of territory into districts with uniform regulations within each district. Parish (county-equivalent) zoning authority in Louisiana is more fragmented: it is conferred primarily through home-rule charters (La. Const. art. VI) and through numerous parish-specific enabling acts scattered in Title 33 (e.g., §§ 33:140.181 for Jefferson, 33:4877 for St. John the Baptist, 33:4776 for St. Tammany), rather than a single uniform parish grant. The authority model is therefore best described as state-delegated zoning held by municipalities (and, parish-by-parish, by parishes under home-rule charters and special acts), with no general state-level zoning regime.
Me. Rev. Stat. Ann. tit. 30-A, 4312, 4352 (home-rule grant at 3001)
Maine delegates zoning power to its municipalities through home rule. The grant flows from the home-rule ordinance power in Title 30-A section 3001, implemented for land use through Title 30-A Chapter 187. Section 4352 authorizes a municipality to adopt a zoning ordinance providing any form of zoning consistent with the chapter, subject to public participation, comprehensive plan consistency, and zoning map requirements, while section 4312 states the purpose of establishing local comprehensive planning and land use management in each municipality. Counties zone only their unorganized territories and the state Land Use Planning Commission regulates the unorganized territory, so the dominant model is municipal home rule.
Mass. Gen. Laws ch. 40A, §§ 1 et seq. (esp. §§ 1, 1A, 4); Mass. Const. amend. art. LXXXIX (Home Rule Amendment)
Massachusetts delegates zoning authority to municipalities (cities and towns), not to counties, which play no zoning role in the Commonwealth. The enabling statute is The Zoning Act, Mass. Gen. Laws ch. 40A; its definition of "zoning" in Section 1A grants cities and towns power to regulate land, buildings, and structures "to the full extent of the independent constitutional powers of cities and towns" — a reference to the Home Rule Amendment (Mass. Const. amend. art. LXXXIX), which is the constitutional source of local police-power authority. Chapter 40A frames, conditions, and limits how that home-rule zoning power is exercised (uniformity within districts, mapping, special permits, voting thresholds, exemptions such as the Dover Amendment in Section 3). The City of Boston is a notable exception: it is excluded from Chapter 40A and zones under its own special enabling act (St. 1956, c. 665), as does Boston via the Boston Zoning Commission.
N.H. Rev. Stat. Ann. § 674:16 (Title LXIV, Chapter 674); see also §§ 672–677
New Hampshire is a delegated/home-rule zoning state: zoning power is held by local governments rather than exercised at the state level. RSA 674:16 (within Title LXIV, Chapter 674, "Local Land Use Planning and Regulatory Powers") is the core enabling grant, authorizing the local legislative body of any city or town — and any county containing unincorporated towns or unorganized places — to adopt or amend a zoning ordinance "for the purpose of promoting the health, safety, or the general welfare of the community," following Standard State Zoning Enabling Act lineage. The grant expressly covers building height/bulk, lot sizes and coverage, population density, and the location/use of buildings and land, and includes the power to adopt innovative land use controls (RSA 674:21) and to regulate development timing (RSA 674:22). Counties' role is limited to unincorporated/unorganized areas; in practice the overwhelming majority of zoning is done by municipalities (cities and towns).
N.J.S.A. 40:55D-1 et seq. (key grant: § 40:55D-62; purposes: § 40:55D-2)
In New Jersey, zoning is enabled by the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 et seq. (P.L.1975, c.291), which delegates zoning power to municipalities; counties do not exercise general zoning authority but plan/review certain matters through county planning boards. The core grant is N.J.S.A. 40:55D-62 ("Power to zone"), under which a municipality's governing body may adopt or amend a zoning ordinance regulating the use of land and of buildings and structures, with the ordinance required to be substantially consistent with (or designed to effectuate) the land use and housing plan elements of the municipal master plan adopted by the planning board. The MLUL distributes land-use authority among the governing body, the planning board, and the zoning board of adjustment, and its purposes are set out in N.J.S.A. 40:55D-2. New Jersey is a strong home-rule state, but zoning power derives from this statutory delegation rather than from a constitutional home-rule grant.
N.Y. Town Law §§ 261 et seq.; N.Y. Village Law §§ 7-700 et seq.; N.Y. General City Law §§ 20(24)-(25), 20-g et seq.
New York is a delegation/home-rule state with no single statewide zoning code. The State Legislature delegates zoning power to its three classes of general-purpose municipalities through three parallel enabling statutes—Town Law Article 16 (§§ 261 et seq.), Village Law Article 7 (§§ 7-700 et seq.), and General City Law Article 2-A / § 20(24)-(25)—each using nearly identical Standard State Zoning Enabling Act language empowering the local legislative body to regulate building height, bulk, density, open space, and the use of land to promote health, safety, morals, and general welfare. The town board, village board of trustees, and city council are the bodies that hold and exercise the power; town zoning applies only to areas outside incorporated villages and cities. These statutory grants are reinforced by home-rule authority under the N.Y. Constitution (Art. IX) and the Municipal Home Rule Law. Counties in New York are generally NOT vested with general zoning authority; zoning is overwhelmingly a city/town/village function, with counties playing planning/advisory and referral roles (e.g., General Municipal Law § 239-m).
R.I. Gen. Laws §§ 45-24-27 through 45-24-72
Rhode Island delegates all zoning power to its municipalities (its 39 cities and towns) through the Rhode Island Zoning Enabling Act of 1991, codified at R.I. Gen. Laws §§ 45-24-27 through 45-24-72. The operative grant is in § 45-24-29(b)(3), which empowers each city and town to establish and enforce land-use standards and to regulate the type, intensity, and arrangement of land uses; § 45-24-30 sets the general purposes such zoning ordinances must serve. Critically, the Act requires every municipal zoning ordinance and zoning map to be consistent with the municipality's comprehensive plan adopted under chapter 22.2, giving the state a strong consistency-review framework over the locally exercised power. Counties play no role: Rhode Island has no functioning county governments, so zoning is exercised exclusively at the municipal level (with limited state involvement, e.g., DEM technical approval of wetland/onsite-wastewater provisions).
Tex. Loc. Gov't Code Ann. §§ 211.001 et seq. (Subtitle A, Chapter 211)
Texas delegates zoning authority primarily to municipalities under Chapter 211 of the Local Government Code, a Standard State Zoning Enabling Act-lineage statute (note the classic SZEA "promote health, safety, morals, and general welfare" purpose and "comprehensive plan" requirements in §§ 211.001 and 211.004). Section 211.003 grants the governing body of any municipality broad power to regulate building height/bulk, lot coverage, yards, population density, and the location and use of land, with home-rule municipalities additionally authorized to regulate building bulk. Texas counties generally have NO zoning power; county zoning authority exists only where the Legislature has specifically granted it for limited areas under Chapter 231 (e.g., Padre Island portions of Cameron and Willacy Counties, areas near certain lakes, military zones, and similar designated areas). Authority is thus chiefly municipal (with the home-rule/general-law distinction), supplemented by narrow, area-specific county delegations.
Vt. Stat. Ann. tit. 24, §§ 4401, 4411 (also §§ 4301-4302, 4385 et seq.)
Vermont delegates zoning authority exclusively to municipalities (cities, towns, villages) through Title 24, Chapter 117, the Municipal and Regional Planning and Development Act. Counties have no zoning role in Vermont. Under 24 V.S.A. § 4401, a municipality may adopt regulatory tools only after it has adopted a municipal plan and created a planning commission, and § 4411 grants the specific power to enact zoning bylaws that "permit, prohibit, restrict, regulate, and determine land development" in conformance with that plan and the statewide planning goals in § 4302. Notably, Vermont overlays this local zoning power with a statewide land-use review layer (Act 250, 10 V.S.A. Chapter 151) administered by district environmental commissions, but the core zoning enabling authority itself is municipal. Authority is plan-dependent rather than home-rule: municipalities cannot zone without first adopting a conforming plan.