Counties are the cornerstone of local governance in America, delivering essential services that impact residents’ daily lives. In collaboration with federal, state and other local partners, counties play a critical role in addressing resident needs and fostering innovation to create vibrant, sustainable communities.

This report analyzes more than 500 bills preempting county land use authority introduced across 40 states in 2025, to understand the drivers, passage rates and big-picture trends surrounding this national shift in our federalist system. It defines preemption, explains the importance of county involvement in land use decisions and demonstrates how counties take a leadership role in determining, with intergovernmental partners, how to best use our nation’s land and prioritize local communities in doing so. By examining bills in the timely categories of housing, economic development and energy, we see throughlines of the removal of local control that will affect the ability of counties to work with both our communities and states to zone land and further local priorities and needs.

This report is part of NACo’s State Policy Trends series, designed to track and analyze state legislation that alters the county-state relationship in our intergovernmental system. Informed by priorities of county associations at the state level, these resources provide the national context so county leaders can stay informed, share solutions to pressing challenges and encourage more productive dialogue between all levels of government.

What is Preemption?

Preemption is a legal doctrine that allows a higher level of government, such as a state, to limit the regulatory authority of a lower level of government, such as a county. Just as the federal government has supremacy over state and local laws, state laws have supremacy over local laws and ordinances. Local government derives and must be granted its power from the state; the ability for states to invalidate local law comes from each state’s constitution and statutes, which set the parameters of local authority. Preemption is often used as a legal tool for higher levels of government to ensure uniformity, increase efficiency, resolve conflicts and define roles among lower levels of government.

Historically, federal preemption of county authority has been a concern of county governments. Specifically, counties have seen preemption attempts from the federal government in areas such as disaster recovery, environmental stewardship, agriculture, telecommunications and more. In an intergovernmental system where federal and state governments typically set standards and guidance while local governments implement policy closest to the people, preemption from either level can create a barrier to effective policymaking for counties.

In 41 states, counties have some land use authority, determining what can be built and where – including regulations around zoning, subdivisions, development, permitting and processing. However, since the 2010s, states across the political spectrum have passed laws preempting how counties are able to set land use regulations, changing the ways local governments approach land use and housing and removing decision-making power from residents.ⁱ In a survey of 12 state associations of counties, land use preemption was the number one legislative concern.ⁱⁱ This is also reflected among sentiments of individual county leaders – in a survey of 211 county officials, preemption and reduced local control were cited as top state policy trends affecting counties.ⁱⁱⁱ At the same time, the issue is not black and white: preemption is a nuanced issue, and every county has individual objectives in serving residents and a desired level of involvement from the state.

Types and Forms of Preemption

There are two main types of preemption:^iv

• Express - State law explicitly limits or restricts the lawmaking authority of local governments through legislation.
  • Example: Washington HB1443, 2025 - “Any city or county planning under RCW 36.70A.040 must allow up to two mobile dwellings on each lot zoned for residential use…”
• Implied - State authority invalidates a lower-level authority even though explicit preemptory language is not present in the legislation.
  • The findings in this report mainly examine express preemption, as implied preemption can be more indistinct and, therefore, more difficult to accurately track.

Preemption clauses in legislation can take one or multiple forms^v, and the most common forms in the tracked legislation include:

• Ceiling - State sets a maximum standard that counties cannot exceed or differ from
  • Example: Kansas HB2343, 2025 - “A municipality shall not prohibit a no-impact home-based business or a rural no-impact home-based business or otherwise require a person to apply, register or obtain any permit, license, variance or other type of prior approval from the municipality to operate a no-impact home-based business or a rural no-impact home-based business.”
• Floor - State creates a minimum standard
  • Example: Washington HB1183, 2025 - “A city or county planning under RCW 36.70A.040 must allow for the following… For retrofits of existing buildings to be used for residential housing…”
• Procedural - State preempts conflicting local procedural rules
  • Example: Wyoming HB0202, 2025 - “After an applicant submits a request to a local government entity, the local government entity shall provide written notice not later than fifteen (15) days after receipt of the request notifying the applicant if the applicant’s request is complete or incomplete…”
• Proactive - State bars local action on an issue in anticipation of local action being taken
  • Example: Louisiana HB459, 2025 - “There shall be a buffer around the perimeter of each solar power generation facility that includes setbacks and a vegetative barrier to screen the facility from view... The provisions of this Section shall apply to any solar power generation facility for which construction begins after January 1, 2026.”
• Field - State legislates so comprehensively in a certain area that it can be implied the state intended that its regulations be the only ones in that area
  • Example: South Carolina HB3861, 2025 – “Notwithstanding another provision of law, a governing body of a municipality, county, or other political subdivision of the State may not enact or enforce an ordinance, resolution, or regulation that prohibits the rental of a residential dwelling to a short-term guest.”

A Nationwide Trend

Land use preemption is a nationwide issue. In 2025, NACo tracked 511 bills with clauses preempting county land use authority, introduced across 40 states. The tracked land use preemption bills passed into law around a quarter of the time, which is about on par with state legislation as a whole.^vi

The top three states by number of bills introduced were California, Arizona and Washington. Both political parties are driving land use preemption: six of the top 10 statehouses are controlled by the Democratic party (California, Hawaii, Illinois, Oregon, Virginia, Washington), three by the Republican party (Arizona, Florida, Utah) and one mixed (Minnesota).

Preemption Bills Seek to Significantly Alter County Authority

Express preemption of county authority is rarely subtle; rather, about 77% of measures tracked in 2025 sought to substantially alter county authority in land use.

For the purposes of this research, major preemption is categorized as bills that override or significantly constrain county authority – either by imposing a new mandate or removing an existing county power. Minor preemption is typically procedural, adding an additional step, adjusting timelines or creating an advisory role of the state. The tracked bills categorized as major preemption passed 25% of the time, and those categorized as minor preemption passed 34% of the time. These rates may reflect challenges passing measures with a larger shift in government authority, possibly due to successful advocacy or a general lack of appetite for removing county authority, even if threats persist.

Land Use Preemption Takes Many Forms

Several types of preemption clauses were found in legislation introduced in 2025. As seen below, floor preemption is most common, with ceiling and field preemption not far behind. Of the most common types of preemption, bills with a procedurally preemptive clause passed most often (37% of the time). Procedural preemption tends to align with minor preemption bills – creating an additional step, adjusting timelines or creating an advisory role of the state. These minor changes in authority have higher success rates, while more divisive legislation is overall less likely to pass.

Preemption Affects Both Dillon’s Rule and Home Rule States

Finally, when examining the preemption measures by county authority type, there is no observable difference based on overall authority granted by the state. Bills were introduced at essentially the same rate when separating states into Dillon’s Rule and Home Rule county authority, 267 versus 244, respectively, and passed slightly more often in Home Rule states (32% versus 22%). In general, Home Rule counties may have better legal standing if local ordinances are challenged for not being aligned with state law.^vii

Preemption Measures Share Policy Goals

Another way to categorize the tracked preemption bills is by examining the intent – explicit or implicit – behind the legislation. Based on the stated goals of the legislation or the presumed intent (e.g., allowing ADUs is generally tied to increasing housing supply), bills were placed into several categories. Intentions widely shared among land use preemption bills reflect national legislative priorities, including housing, economic development and energy.

Roughly a third of bills fell into broader categories, such as standardization of safety regulations or the setting of other miscellaneous statewide standards. These bills did not share common policy priorities and thus are not analyzed below. Another notable category is the promotion of resident autonomy, which includes bills that preempt county guidelines in personal property use, such as landscaping or other amenities. As there is no uniform county role in this category, it is not analyzed in this report.

Housing

One of the most significant challenges facing all levels of government right now is the national housing shortage, with some estimates citing a deficit of several million homes nationwide.^viii Local, state and federal governments are actively working, and often collaborating, on this national challenge.

However, state legislators are increasingly using the tool of preemption to reduce local government authority in housing development. Of the over 500 land use preemption bills introduced across the country in 2025, nearly 2 in 5 (192) were aimed at reducing local authority in housing decisions.

Categorized Housing Bills

In 2025, bills most commonly fell into the following categories: affordable housing, accessory dwelling units and building permits. While 29% of housing preemption bills passed overall, technical subcategories, like building codes and density requirements, passed more often than complex, and often contentious, housing affordability measures, such as setting or limiting affordable unit minimums or allowing development on underutilized land.

Bill Examples

Florida SB1730, Affordable Housing [passed]

[amended by the Florida Association of Counties]

In June 2025, Gov. DeSantis signed SB1730, an expansion of 2023's Live Local Act, overriding a number of local zoning restrictions and maintaining property tax exemptions for qualifying developments that provide affordable housing set-asides. The Florida Association of Counties (FAC) opposed the bill over the scope of its land use preemptions and the recurring revenue impact on county services. However, as with each session's Live Local expansion since 2023, FAC negotiated substantial narrowing amendments.

Maryland HB1466/SB891, Permitting Timelines [passed]

[amended by the Maryland Association of Counties]

Maryland HB1466/SB891 was introduced in 2025 and removed local oversight of ADUs in residential areas. The Maryland Association of Counties (MACo) originally opposed the bill for reasons such as burdensome infrastructure impacts, inconsistency with accessibility requirements and timelines that could create unintended consequences. However, MACo worked to amend the bill to align with county-focused recommendations, and it ultimately passed.

Economic Development

Economic development, the strategic process of improving a community’s economic well-being and quality of life, is a responsibility shared among all levels of government: the federal government providing financial and technical assistance^xv, state governments mapping out strategy and holistic growth approaches^xvi  and local governments leading the implementation of these strategies, ensuring the consideration of community priorities in national or statewide plans. ^xvii As affordability and inflation remain top concerns for residents and policymakers, all levels of government are interested in increasing and bolstering the economic standings of their residents.^xviii

At the same time, states turned to preemption as a tool to preserve or boost economic development by limiting local authority in land use decisions. Over 50 bills were introduced in 2025 with the intent of encouraging economic development. On average, land use preemption bills that aimed to promote economic development passed 20% of the time.

Categorized Economic Development Bills

The policy lenses through which state legislators looked to achieve their goals were varied, but some of the most common areas were:

Bill Examples

Idaho S1162, Short-Term Rentals [did not pass]

[opposed by Idaho Association of Counties]

Idaho Senate Bill 1162 sought to further limit local authority by prohibiting counties from passing any ordinance to regulate short-term rentals (Idaho counties are already barred from completely prohibiting short-term rentals). For all counties, but especially those that see a high volume of visitors, short-term rentals attract more people who travel on county roads and use county services, without an adequate increase in county revenue. While this bill did not pass in 2025, a bill with similar restrictions on short-term rentals, including requiring that local laws treat short-term rentals the same as other residential dwellings, passed in 2026.

Bill Example: California SB79, Transit-Oriented Development [passed]

[California State Association of Counties was neutral] 

California Senate Bill 79 (Chapter 512) introduced requirements for housing projects near transit-oriented developments, including minimum dwelling units and standards for height and density, effectively removing the ability of ‘urban transit counties’ (which are not defined in the text) to plan and make decisions for their own community. The California Association of Counties was originally opposed to the bill but changed to neutral when the scope was narrowed.

Energy

County governments play a significant role in energy production and forecasting. By offering a local perspective, counties can work with states to coordinate energy development through permitting and land use planning authority that contributes to electrification while considering community priorities.

Bills preempting county authority in energy decisions were a common trend in 2025, appearing in around 30 bills, with many state legislators attempting to create uniform standards in energy development. Specifically, bills introduced were mainly focused on the increasing demand for and investment in clean energy sources such as wind and solar.^{xxiv xxv}

Of note, while data centers are explicitly mentioned in the titles of eight of the tracked bills, the frequency of data center legislation increased rapidly between 2025 and 2026. Just six weeks into 2026, the overall number of bills introduced to address data centers surpassed the number of bills introduced in the entirety of 2025^xxvi, a trend that presumably holds for preemption of local land use authority regarding data centers. However, since this analysis focuses on bills introduced in 2025, it only captures a small portion of how states are preempting counties’ land use authority amid the rapid growth of AI. For example, West Virginia HB2014, which became law in 2025, preempts counties and municipalities from imposing or enforcing local ordinances concerning the creation or regulation of microgrids or data centers. 

Categorized Energy Bills

NACo tracked 28 bills preempting county authority in energy in 2025. These primarily preempted county authority in siting, zoning and regulating land for wind and solar, passing 21% of the time. Most commonly, these bills targeted:

Bill Examples

Louisiana HB459, Renewable Energy Regulation and Permitting [passed]

Louisiana Act 279 (HB459) gives the state exclusive permitting authority over onshore wind projects, renewable energy battery storage and certain solar power generation facilities. Parishes are preempted on wind and battery siting as well as solar siting for facilities on industrial-zoned land.

Virginia HB2438, Solar and Energy Storage [did not pass]

[opposed by Virginia Association of Counties]

Virginia House Bill 2438 sought to restrict county land use authority and require a special use permit for any solar or energy storage project, as well as impose other siting requirements. This measure attempts a one-size-fits-all approach that would treat siting for projects the same in rural and urban counties. Standard requirements also remove the authority of the county to work with its community to decide how development should take place on its land. The bill was opposed by the Virginia Association of Counties and failed in 2025, but versions of the bill passed in 2026.

Counties as Key Intergovernmental Partners

A strong intergovernmental partnership is necessary to solve complex policy issues, and counties are uniquely suited to reflect the priorities of our local communities among state and federal partners. County leaders, like state leaders, recognize the issues in housing availability, want to encourage new businesses and economic development in their area, and hope to build a sustainable future in energy, among many other policy scenarios in which land use authority is key. While policy goals are often shared, it is rare that a one-size-fits-all model works for each unique county in a state. In fact, hyper-local and politically sensitive issues are often the most difficult to legislate at the state level, underscoring the importance of local input. By working with counties, rather than removing local authority, states and local governments can coordinate to best serve their residents.

2025 County Land Use Preemption Bills

View all land use preemption bills NACo tracked in 2025 and sort by state, status or category.