Can a non-charter county in New York skip the County Law's requirement to publish full text of every local law in newspapers, and instead just publish a short notice?

Plain-English summary

Montgomery County's attorney asked the AG to confirm a 1992 ruling on a recurring question: do non-charter counties have to publish the full text of every local law in the county's official newspapers, as County Law § 214(2) seems to require?

The AG said no, and explained how the home-rule analysis works. Counties are authorized to adopt local laws on their property, affairs, or government and the transaction of their business under Article IX, § 2(c)(i) and (ii)(3) of the State Constitution and Municipal Home Rule Law § 10(1)(i) and (ii)(3). A local law on post-adoption publication falls inside that authority.

The key question is whether County Law § 214(2) is a "general law" under home-rule terminology. A general law applies in terms and in effect alike to all counties (or all counties other than those wholly inside a city). The AG noted two indicators that § 214(2) is not a general law. First, charter counties are specifically authorized by charter law or local law to supersede it, meaning by its terms it does not apply alike to all counties. Second, several counties had in fact superseded it through local laws, meaning in effect it does not apply alike either. Westchester County's charter (§ 104.11(2)) was cited as an example.

Because § 214(2) is not a general law, a non-charter county may by local law supersede it. A common substitute, approved by the AG in the 1992 opinion, is to publish a single notice of adoption with an abstract of the new local law's provisions and details on where the full text is available for review. That is more economical than two-week full-text publication while still notifying the public.

The opinion also reminded counties of the parallel publication requirement in Municipal Home Rule Law § 27 (file certified copies with the county clerk and Secretary of State). Section 27 is the general post-adoption notification rule for local governments. County Law § 214 is an additional, county-only publication requirement.

Currency note

This opinion was issued in 1997. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

What is a "non-charter county"?

A non-charter county is one that has not adopted a county charter or alternative form of county government. New York counties operate either under the County Law (the default) or under a charter that may include modifications to default county structure and powers.

What does the alternative publication scheme look like in practice?

Under the 1992 AG opinion, a county can publish a notice of adoption together with an abstract of the local law's provisions, plus information about where members of the public can view the full text (typically the county clerk's office and possibly online). The county still must comply with Municipal Home Rule Law § 27's filing requirement (county clerk and Secretary of State).

Why is § 214 not a general law?

The home-rule definition requires that a general law apply in terms and in effect alike to all counties. Section 214 does not, because charter counties have their own authority to supersede it through their charters and local laws. Several charter counties have in fact done so. So it does not apply alike to all counties either in form or in practice.

Could a charter county simply rely on its charter to set publication rules?

Yes. The opinion is about non-charter counties because their position is less obvious. Charter counties already have charter-based authority to depart from County Law defaults. The opinion confirmed the parallel availability of the home-rule path for non-charter counties.

Does this affect cities, towns, and villages too?

No. The opinion is specific to counties. Cities, towns, and villages publish their local laws under Municipal Home Rule Law § 27, the general post-adoption notification statute. The newspaper-publication question in § 214 is a county-only added requirement.

Background and statutory framework

County Law § 214(2) requires the legislative body of a county to designate at least two newspapers published in the county as official newspapers for the publication of local laws and other matters required by law to be published. The clerk of the legislative body must publish a true copy of each local law at least once a week for two successive weeks, except as otherwise provided by law.

Municipal Home Rule Law § 27 sets out the general post-adoption notification procedure for all local governments: the local law is filed with the county clerk and the Secretary of State. Section 214 is an additional county-only publication step.

NY Const Art IX, § 2(c)(i) and (ii)(3) and Municipal Home Rule Law § 10(1)(i) and (ii)(3) grant counties authority to adopt local laws on their property, affairs, or government, consistent with the Constitution and general state laws. Municipal Home Rule Law § 2(5) defines "general law" as a state law that applies in terms and in effect alike to all counties (or all counties other than those wholly within a city).

Op Atty Gen (Inf) No. 92-1 (incorporated as Appendix A to the 1997 opinion) reached the same conclusion the AG reiterated here.

Citations

• County Law § 214(2) (newspaper publication of local laws by counties).
• Municipal Home Rule Law § 27 (general post-adoption notification); § 10(1) (county home-rule authority).
• NY Const Art IX, § 2(c)(i), (ii)(3) (county home-rule authority).
• Op Atty Gen (Inf) No. 92-1 (1992 AG opinion concluding non-charter county may supersede § 214(2)).

Source

• Landing page: https://ag.ny.gov/libraries-documents/opinions/opinions-year
• Original PDF: https://ag.ny.gov/sites/default/files/opinions/I_97-12_pw.pdf

Original opinion text

COUNTY LAW § 214; MUNICIPAL HOME RULE LAW § 27.
Non-charter county by local law may supersede the publication
requirements of section 214 of the County Law.

March 10, 1997

Kelli P. McCoski, Esq.
County Attorney
County of Montgomery
123 Guy Park Ave.
Amsterdam, New York 12010

Informal Opinion
No. 97-12

Dear Ms. McCoski:
You have asked whether the county is authorized to supersede
section 214(2) of the County Law, which requires the publication
of the full text of a local law after its adoption.
Under section 214(2), the legislative body of a county must
designate at least two newspapers published within the county as
official newspapers for the publication of local laws and other
matters required by law to be published. (If there is only one
newspaper having circulation in the county, that newspaper is to
be designated.)
Except as otherwise provided by law, the
clerk of the . . . [legislative body] shall
cause a true copy of each local law to be
published in such official newspapers at
least once a week for two successive weeks
. . .
In a prior opinion of this office, we concluded that a
non-charter county, such as Montgomery County, may supersede the
publication requirement of section 214(2) and substitute the
single publication of a notice of adoption and an abstract of the
provisions of the newly enacted local law, together with details
as to the location and availability of a copy of the full text for
further review. Op Atty Gen (Inf) No. 92-1, which is attached as
Appendix A.
We stated in our 1992 opinion that counties are authorized to
adopt and amend local laws, not inconsistent with the provisions
of the Constitution or any general State law, relating to their
property, affairs or government and the transaction of their

2
business. NY Const, Art IX, § 2(c)(i) and (ii)(3); Municipal Home
Rule Law § 10(1)(i) and (ii)(3). We found that the proposed local
law dealing with post-adoption publication of local laws falls
within the scope of this home rule authority.
Further, we concluded that section 214(2) is not a "general
law", within the home rule definition, and therefore may be
superseded by local law. A general law, regarding counties, is
one "which in terms and in effect applies alike to all counties,
[or] all counties other than those wholly included within a city".
We reasoned that charter counties are specifically authorized by
charter law or local law to supersede section 214, establishing
that section 214 is not by its terms a general law. Further, we
found that several counties had in fact superseded section 214,
establishing that the provision is not, in effect, a general law.1

Therefore, we concluded and reiterate now that a non-charter
county by local law may supersede the provisions of section 214 of
the County Law.
We note that the Municipal Home Rule Law establishes the
procedure for adoption of local laws and includes a requirement
for post-adoption notification. Municipal Home Rule Law § 27.
The clerk or other officer designated by the county legislative
body is to file a certified copy of the adopted local law in the
office of the county clerk and in the office of the Secretary of
State. County Law § 214 is an additional publication requirement
applicable only to counties. Other local governments rely on the
procedure in the Municipal Home Rule Law.
We conclude that a non-charter county may enact a local law
superseding the post-adoption publication requirement of
section 214(2) of the County Law.
The Attorney General renders formal opinions only to officers
and departments of State government. This perforce is an informal
and unofficial expression of the views of this office.
Very truly yours,

JAMES D. COLE
Assistant Attorney General
1

See, current Westchester County Charter, Ch 104,
§ 104.11(2).

3
in Charge of Opinions
Attachment