National Association of Counties * Washington, D.C.      Vol. 33, No. 11 * June 4, 2001

---

Previous story | Table of Contents | Next story

Constitutional issues
constrain local ordinances

---

Local regulatory authority over sewer sludge application is constrained not only by state authority but also by Commerce Clause challenges and conflicts with right-to-farm statutes. The U.S. Constitution’s Commerce Clause is broadly interpreted by the courts to mean states may not pass laws that “discriminate against or unduly burden interstate commerce.”

A 1995 court decision that addressed a Commerce Clause challenge allowed a Rappahannock County, Va. sludge ordinance to stand, demonstrating that a well-crafted law can withstand challenges given a legitimate local interest.

Right-to-farm laws vary from state to state. In New York, farms engaged in “sound agricultural practices” are protected from nuisance suits, and local governments may not enact laws that “unreasonably restrict or regulate farm operations” within an agricultural district except where public health and safety are threatened. Local ordinances must be carefully formulated to address these potential constraints.