State Preemption of Local Action

States have continued the trend of preempting local policies, including recent efforts in Florida and Tennessee. These actions often target issues such as LGBTQ+ rights and climate change. In 2023, aggressive preemption bills in state legislatures constrained local governments' abilities to regulate areas of concern. In Texas, for example, legislators stripped the ability of cities to create local laws that are more restrictive than the state's. This resulted in impacts on workers' rights as local legislation concerning water breaks for outdoor workers was overridden and banned by the state.

Given the expansive nature of the legislation, it is likely that issues directly related to planning, such as zoning and development review, may also be under threat. Many regulatory areas already preempted by states intersect either directly or indirectly with planning concerns: seven states preempt inclusionary zoning, eight states preempt the regulation of short-term rentals, 29 states preempt rent control, and 37 states preempt rideshare regulations. Planners should be aware of the potential impacts of their state's preemption laws on local regulatory options.