ICC Permit Technician Practice Exam

Which principle prevents a city from enacting a code if state regulations prohibit it?

1. Dillon's rule

2. Home rule

3. Federal preemption

4. State sovereignty

The correct answer is: Dillon's rule

Dillon's rule is the correct choice because it establishes a framework for the authority of local governments in relation to state governments. Under Dillon's rule, local governments can only exercise powers that are explicitly granted to them by the state. This means that if a state regulation prohibits a certain code or ordinance, a city cannot enact that code since it would exceed its authority and violate the principles of Dillon's rule. Home rule, on the other hand, allows cities to manage their own affairs and enact ordinances without needing specific permission from the state, but this autonomy is limited when state law explicitly imposes restrictions. Federal preemption refers to situations where federal law overrides state law, which is not applicable in this context of local and state dynamics. State sovereignty emphasizes the independence of state governments but doesn't specifically address the relationship with local governments and their ability to enact regulations. Thus, Dillon's rule is the guiding principle that directly addresses the situation described in the question.