All local governments in Virginia are tools of the state.  They were created by specific action of the Virginia General Assembly to fulfill state purposes and address local concerns. The Constitution of Virginia and the Code of Virginia work together to define and limit the power of local governments.

The three primary forms of local government in Virginia are counties, cities and towns.   Virginia is a Dillon Rule state, which basically means that counties, cities and towns are very restricted in what they can do without first getting permission from the Virginia General Assembly.  

Dillion Rule

The following is an excerpt from an article by Clay L. Wirt entitled Dillon’s Rule. 

The Dillon Rule is used in interpreting state law when there is a question of whether or not a local government has a certain power.  Lawyers call it a rule of statutory construction.  

Dillon’s Rule construes grants of power to localities very narrowly.  The bottom line is that if there is a question about a local government’s power or authority, then the local government does not receive the benefit of the doubt.  Under Dillon’s Rule, one must assume that the local government does not have the power in question.  

In legal language, the first part of Dillon’s Rule reads like this:  Local governments have only three types of powers:  those granted in express words, those necessarily or fairly implied in or incident to the powers expressly granted and those essential to the declared objects and purposes of the corporation, not simply convenient, but indispensable.

It is the second part of the Dillon Rule, however, that puts the vice on local government’s powers.  This part states that if there is any reasonable doubt whether a power has been conferred on a local government, then the power has not been conferred.  This is known as a rule of strict construction of local government powers.

Reference:  Wirt, C. L. (1989, August). Virginia Town and City, 12-15.