In 2025, states introduced 511 bills that would preempt county authority over land use, including 138 bills that became law, according to the National Association of Counties (NACo). Lawmakers introduced these bills across 40 states and addressed housing, economic development, energy development, and other land-use policies.

Preemption occurs when a higher level of government limits or overrides the authority of a lower level of government. In the context of state-local dynamics, states determine the powers available to local governments and can use preemption laws to prohibit local policies, establish statewide requirements, or otherwise limit local discretion. NACo classified 77% of the land-use bills introduced in 2025 as measures that would significantly change county authority by imposing new requirements or removing existing county powers.

This legislation is linked to broader federalism debates over how power should be divided between governments. State preemption can establish uniform policies across a state but can also shift decisions away from counties and other local governments. In land-use policy, states can use preemption to limit county authority over zoning rules, permitting processes, development standards, and other regulations.

Housing was the most common policy focus of the legislation. NACo identified 192 bills aimed at reducing county authority over housing decisions, 29% of which became law. The measures addressed affordable housing, accessory dwelling units, building permits, density requirements, and other development policies. Fifty-five bills addressed economic development, while 28 addressed energy development. The energy measures primarily concerned county authority over the siting, zoning, and permitting of wind and solar projects.

States also used preemption in different ways. Some bills required counties to meet statewide standards, while others prohibited counties from adopting certain regulations. Other measures changed local procedures, including permitting requirements and timelines, or established state rules that displaced county regulations more broadly.

The debate about state uniformity versus local control has surfaced in states seeking to address housing shortages. Supporters of state intervention argue that local zoning and permitting requirements can restrict housing construction, increase costs, and delay development. Illinois Gov. J.B. Pritzker (D), who proposed statewide zoning changes in 2026, said some local requirements amount to "bureaucratic red tape that unnecessarily increases costs, delays construction and frequently kills projects altogether."

Opponents argue that statewide requirements can remove decisions from officials who are more familiar with local infrastructure, development patterns, and community needs. Responding to Pritzker's proposal, Illinois Municipal League CEO Brad Cole said, "Zoning and land use decisions are best made locally by the leaders elected in those communities." He added, "This is another example of where one-size-fits-all statewide mandates are unworkable and will damage communities."

The debate reflects a broader federalism question over whether states should establish common land-use rules to advance statewide goals or leave more authority with local governments to determine how development occurs within their communities.