Permit Technician Practice Test

What does preemption in zoning law refer to?

1. A local law overriding a state law

2. A state law overriding local ordinances

3. A guideline for zoning codes

4. An application review process

The correct answer is: A state law overriding local ordinances

Preemption in zoning law refers to the principle whereby state law takes precedence over local ordinances. This means that if a state has enacted legislation regarding a specific zoning issue, local governments cannot create regulations that contradict or undermine those state laws. This relationship ensures a degree of uniformity in how zoning and land use issues are handled across the state, preventing conflicting local regulations that might hinder state interests or objectives. Understanding preemption is essential for permit technicians because they must navigate both state law and local ordinances when processing permit applications, ensuring compliance with overarching state regulations. The other options relate to different aspects of zoning law but do not accurately describe the concept of preemption: a local law overriding a state law is not valid since state law prevails; guidelines for zoning codes do not encapsulate the legal hierarchy; and an application review process pertains more to procedural aspects than to substantive law.