Concurrent powers

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  1. (a) If a county government is authorized to regulate an area which the state by statute or administrative rule also regulates, the local government may regulate the area only by enacting ordinances which are consistent with state law or administrative rule.

  2. (b) If a state statute or administrative rule prescribes a single standard of conduct, an ordinance is consistent if it is identical to the state statute or administrative rule.

  3. (c) If a state statute or administrative rule prescribes a minimal standard of conduct, an ordinance is consistent if it establishes a standard which is the same as, or higher or more stringent than, the state standard.

  4. (d) A county government may adopt ordinances which incorporate by reference state statutes and administrative rules in areas in which a local government is authorized to act.


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