Written by attorneys · grounded in primary & secondary sources — see below
A statute that authorizes an entity such as an administrative agency, court, or local government to adopt rules or regulations in a specified area. The legislation provides the foundational grant of power under which detailed rules, ordinances, or programs are developed.
Sources & Authorities
How it applies
Common Examples
6
Zoning Authority Granted by Statute
Everest Holdings seeks to develop a mixed-use project in a township whose charter contains no independent zoning power. The state legislature has enacted enabling legislation that expressly authorizes municipalities to create zoning districts and issue permits. The township enacts an ordinance under that statute and applies it to deny the project. The validity of the denial turns on whether the township acted within the scope of the authority conferred by the enabling legislation.
Class Action Bar Displaced
Elena Estrada and other policyholders sue an insurer in federal court under diversity jurisdiction for unpaid interest. A state statute bars class actions seeking only interest. The court applies Federal Rule of Civil Procedure 23 because the rule is valid under the Rules Enabling Act and does not modify substantive rights. The state bar is therefore displaced.
Select any source to read its text and confirm it supports the definition.
Cases
Casebooks
Rent Control Extension Blocked
Edith Eberhardt occupies an apartment under a rent-control program created by local law. The state enabling legislation states that the ultimate goal is return to free-market bargaining. A court refuses to extend the tenancy indefinitely because that result would contradict the limits expressed in the enabling legislation.
Braschi v. Stahl Associates543 N.E.2d 49 (N.Y. Ct. App. 1989)
Planned Unit Development Authorized
Edgewater Capital proposes a large residential development containing varied densities and uses. The municipality approves the project under a local ordinance adopted pursuant to state enabling legislation that permits planned unit developments. The approval is upheld because the enabling legislation supplies the necessary grant of contractual flexibility.
Southern Burlington County NAACP v. Township of Mount Laurel336 A.2d 713, *appeal dismissed and cert. denied*, 423 U.S. 808 (1975)
Certification Standards Applied
Erika Echevarria files a putative class action against a large retailer alleging employment discrimination. The retailer argues that state law restricts class treatment. The court applies Federal Rule of Civil Procedure 23 because the rule is valid under the Rules Enabling Act and governs the procedural question of certification.
Wal-Mart Stores, Inc. v. Dukes564 U.S. 338 (2011)
Aesthetic Zoning Upheld
Eugene Ellsworth applies for a building permit that would alter the character of a historic neighborhood. The city denies the permit under an ordinance enacted pursuant to state enabling legislation authorizing aesthetic and historic-preservation controls. The denial is sustained because the enabling legislation supplies the requisite authority for the regulation.
State ex rel. Stoyanoff v. Berkeley458 S.W.2d 305 (Mo. 1970)
Common questions
Frequently Asked
5
What is the relationship between enabling legislation and local zoning ordinances?+
Enabling legislation supplies the statutory grant of power that allows a municipality to enact zoning ordinances. Without that grant, a locality generally lacks authority to impose land-use restrictions.
Does enabling legislation itself set the substantive rules for land use?+
No. Enabling legislation typically delegates power and establishes broad standards. The detailed substantive rules appear in the ordinances or regulations adopted under that legislation.
How does the Rules Enabling Act function as enabling legislation?+
The Rules Enabling Act is a federal statute that authorizes the Supreme Court to prescribe rules of practice and procedure for the federal courts, provided the rules do not abridge, enlarge, or modify substantive rights.
When does a federal procedural rule adopted under the Rules Enabling Act displace state law in diversity cases?+
A federal rule displaces conflicting state law when the rule is on point, is at least arguably procedural, and is valid under the Rules Enabling Act because it does not alter substantive rights.
Can enabling legislation be challenged as exceeding constitutional limits?+
Yes. A party may argue that the legislation delegates power too broadly or that the resulting local regulation violates constitutional protections such as due process or equal protection.
438 U.S. 104, 98 S.Ct. 2646, 57 L.Ed.2d 631 (1978)Property
…quality of life for people.”[^maj-4] New York City, responding to similar concerns and acting pursuant to a New York State enabling Act,[^maj-5] adopted its Landmarks Preservation Law in 1965. See N. Y. C. Admin. Code, ch. 8-A, § 205-1.0 et seq. (1976). The city acted from the conviction that “the standing of [New York…