Civics Education
Local Government in Virginia
The Constitution of Virginia establishes four kinds of local governments – two kinds of municipalities (cities and towns), counties, and regional governments. The Code of Virginia also authorizes a variety of inter-local, multi-local, and sub-state regional arrangements and entities (for example, planning districts, special districts and authorities). According to the 2007 U.S. Census of Governments there were 39 independent cities, 95 counties, and 190 towns in Virginia.
Cities
Virginia's independent cities have governments that are completely separate from county governments. “City” means any independent incorporated community which became a city as provided by law before noon July 1, 1971. There are more independent cities in Virginia than in any other state. In fact, they are rarely found in any other state.
There are two classes of independent cities in Virginia: first and second class. There are 25 independent cities of the first class and 14 of the second class. With exceptions, first-class cities are those with populations greater than 10,000.
The key distinction between the two classes is based upon the nature of the court system in the city. A city of first class houses both its own General District Court and Circuit Court. A city of second class houses its own District Court but does not have its own Circuit Court. Independent cities are considered to be “county equivalents” and, like counties, deliver important services to residents.
Today, cities enjoy some power and carry out some functions not performed by most counties:
- City councils have wider latitude in taxing and borrowing than county board of supervisors.
- Cities (as well as towns over 3,500 and the counties of Arlington and Henrico) maintain the streets and roads within their boundaries.
- Cities and towns, but only nine counties, have police departments (although some towns contract with their county sheriff’s department for police services).
In the past, differences between cities and counties reflected differences in their economic and demographic makeup. Cities are commercial and cultural centers, and have higher population densities; and, at least in comparison with suburban counties, cities serve populations that are older, less affluent, and more diverse. A higher proportion of city residents may require housing and social services, and may have a greater need for public safety services.
Interested in learning more about Virginia’s independent cities and their dates of incorporation? Then click here.
Towns
In Virginia, “town” means any existing town or an incorporated community within one or more counties that became a town before noon, July 1, 1971. Interestingly, the Code of Virginia allows for a process known as reversion. This process allows a city with a population of less than 50,000 to become a town. Two former cities, South Boston and Clifton Forge, have reverted.
Both cities and towns operate under charters (little constitutions) granted by the Virginia General Assembly. Unless state law says otherwise, charter provisions take precedent over state law. To amend or replace its charter, a city or town has to obtain General Assembly approval.
Unlike cities, which are independent geographically, incorporated towns are territorial subdivisions of the counties within which they are situated. Town residents are subject to county ordinances. They pay taxes to the county as well as the town, and they vote in county elections. Towns cannot levy a sales tax, but they do share in county sales tax revenue. Town annexations, unlike city annexations, do not remove territory from the county.
Until 1887 no formal distinction was made in law between cities and towns.
Today, towns perform many of the same functions as cities, except they do not have courts, constitutional officers, or electoral boards. They do not supply social services, public and mental health services, community corrections and juvenile justice services, and (with a couple of exceptions) they do not operate schools. Instead, towns receive those services from the county of which they are a part.
Counties
In Virginia, counties are the primary and oldest forms of local government established in the Commonwealth of Virginia. Beginning with the establishment of eight shires (counties) - originally named Accawmack, Charles City, Charles River, Elizabeth City, Henrico, James City, Warrosquoyoake, and Warwick River- by the General Assembly in 1634, the precedent was set for recognizing the necessity and importance of local governance to deliver important services (often mandated by the state) and to support the common good. Virginia counties are named after such things as: (1) Geographic features, (2) governors, (3) war heroes from the Revolutionary War and War of 1812, (4) American Indians, (5) English monarchs, (6) politicians, and (7) presidents.
Historically, counties have been regarded as rural and agricultural. In law, they are viewed as administrative arms of state government. Unlike cities and towns, counties (except for Chesterfield, Roanoke, and James City counties) operate under the Constitution of Virginia and general and specific laws rather than under charters. Over the 20th century, however, some counties became suburban or highly urban. Interested in learning more about Virginia’s counties and their origins? Then click here.