Special districts (also known as special service districts, special district governments, limited purpose entities, or special-purpose districts) are independent, special-purpose governmental units that exist separately from local governments such as county, municipal, and township governments, with substantial administrative and fiscal independence. They are formed to perform a single function or a set of related functions. The term ''special district governments'' as defined by the

U.S. Census Bureau The United States Census Bureau (USCB), officially the Bureau of the Census, is a principal agency of the U.S. Federal Statistical System, responsible for producing data about the American people and economy. The Census Bureau is part of the ...

excludes school districts. In 2017, the U.S. had more than 51,296 special district governments.

Census definition

The United States Census counts government units across all States. This includes "special districts." To count the special districts the Census must define the special districts so as to address all such governmental entities across the broad spectrum of 50 states' definitions and interpretations. The Census's full definition is:

Special district governments are independent, special purpose governmental units, other than school district governments, that exist as separate entities with substantial administrative and fiscal independence from general purpose local governments. As defined for Census Bureau statistics on governments, the term ‘‘special district governments’’ excludes school district governments as they are defined as a separate governmental type. Special district governments provide specific services that are not being supplied by existing general purpose governments. Most perform a single function, but in some instances, their enabling legislation allows them to provide several, usually related, types of services. The services provided by these districts range from such basic social needs as hospitals and fire protection, to the less conspicuous tasks of
mosquito abatement Mosquito control manages the population of mosquitoes to reduce their damage to human health, economies, and enjoyment. Mosquito control is a vital public-health practice throughout the world and especially in the tropics because mosquitoes spr ...
and upkeep of cemeteries. The Census Bureau classification of special district governments covers a wide variety of entities, most of which are officially called districts or authorities. Not all public agencies so termed, however, represent separate governments. Many entities that carry the designation ‘‘district’’ or ‘‘authority’’ are, by law, so closely related to county, municipal, town or township, or state governments that they are classified as subordinate agencies of those governments in Census Bureau statistics on governments, and are not counted as separate special district governments. In order to be classified as a special district government, rather than as a subordinate agency, an entity must possess three attributes—existence as an organized entity, governmental character, and substantial autonomy. Each state description also lists various statutory authorities, commissions, corporations, and other forms of organizations that have certain governmental characteristics, but are subject by law to administrative or fiscal control by the state or by independent local governments; therefore, they are classified as subordinate agencies of those governments.

Characteristics

Special districts serve limited areas and have

governing board A board of directors (commonly referred simply as the board) is an executive committee that jointly supervises the activities of an organization, which can be either a for-profit or a nonprofit organization such as a business, nonprofit organiz ...

s that accomplish legislatively assigned functions using

public funds Government spending or expenditure includes all government consumption, investment, and transfer payments. In national income accounting, the acquisition by governments of goods and services for current use, to directly satisfy the individual o ...

.Mitzanry, K, & Manatt, A. (2002, February).What's so special about special districts? A citizen's guide to special districts in California. 3rd. ed. p. 2.

Governing body

Each district is governed by a

board of directors A board of directors (commonly referred simply as the board) is an executive committee that jointly supervises the activities of an organization, which can be either a for-profit or a nonprofit organization such as a business, nonprofit organiz ...

commissioner A commissioner (commonly abbreviated as Comm'r) is, in principle, a member of a commission or an individual who has been given a commission (official charge or authority to do something). In practice, the title of commissioner has evolved to in ...

board of supervisors A board of supervisors is a governmental body that oversees the operation of county government in the U.S. states of Arizona, California, Iowa, Mississippi, Virginia, and Wisconsin, as well as 16 counties in New York. There are equivalent agenc ...

, or the like. These boards may be appointed by public

official An official is someone who holds an office (function or mandate, regardless whether it carries an actual working space with it) in an organization or government and participates in the exercise of authority, (either their own or that of their ...

s, appointed by private entities, popularly elected, or elected by benefited citizens (typically, property owners). Sometimes, one or more public officials will serve as an

ex officio member An ''ex officio'' member is a member of a body (notably a board, committee, council) who is part of it by virtue of holding another office. The term '' ex officio'' is Latin, meaning literally 'from the office', and the sense intended is 'by right ...

on the board. The board of a special district serves primarily as a managing board and often appoints a chief executive for day-to-day operations and decision making and policy implementation. In the New England states, special districts are often run in the same town meeting fashion as other local governments. Most districts have employees, but some districts exist solely to raise funds by issuing bonds and/or by providing tax increment financing.

Functions

Special districts perform many functions including airports, ports, highways,

mass transit Public transport (also known as public transportation, public transit, mass transit, or simply transit) is a system of transport for passengers by group travel systems available for use by the general public unlike private transport, typical ...

, parking facilities, fire protection, libraries,

park A park is an area of natural, semi-natural or planted space set aside for human enjoyment and recreation or for the protection of wildlife or natural habitats. Urban parks are urban green space, green spaces set aside for recreation inside t ...

cemeteries A cemetery, burial ground, gravesite or graveyard is a place where the remains of dead people are buried or otherwise interred. The word ''cemetery'' (from Greek , "sleeping place") implies that the land is specifically designated as a buri ...

hospital A hospital is a health care institution providing patient treatment with specialized health science and auxiliary healthcare staff and medical equipment. The best-known type of hospital is the general hospital, which typically has an emerge ...

s, irrigation, conservation,

sewerage Sewerage (or sewage system) is the infrastructure that conveys sewage or surface runoff (stormwater, meltwater, rainwater) using sewers. It encompasses components such as receiving drainage, drains, manholes, pumping stations, storm overflows, a ...

wastewater treatment Wastewater treatment is a process used to remove contaminants from wastewater and convert it into an effluent that can be returned to the water cycle. Once returned to the water cycle, the effluent creates an acceptable impact on the environme ...

solid waste Municipal solid waste (MSW), commonly known as trash or garbage in the United States and rubbish in Britain, is a waste type consisting of everyday items that are discarded by the public. "Garbage" can also refer specifically to food waste, ...

, fiber optic systems,

stadium A stadium ( : stadiums or stadia) is a place or venue for (mostly) outdoor sports, concerts, or other events and consists of a field or stage either partly or completely surrounded by a tiered structure designed to allow spectators to stand o ...

s, water supply,

electric power Electric power is the rate at which electrical energy is transferred by an electric circuit. The SI unit of power is the watt, one joule per second. Standard prefixes apply to watts as with other SI units: thousands, millions and billions o ...

, and

natural gas utility A public utility company (usually just utility) is an organization that maintains the infrastructure for a public service (often also providing a service using that infrastructure). Public utilities are subject to forms of public control and r ...

Legal basis

Special districts are authorized by state law and must have public foundation,

civil office An official is someone who holds an office (function or mandate, regardless whether it carries an actual working space with it) in an organization or government and participates in the exercise of authority, (either their own or that of their ...

, and public

accountability Accountability, in terms of ethics and governance, is equated with answerability, blameworthiness, liability, and the expectation of account-giving. As in an aspect of governance, it has been central to discussions related to problems in the publ ...

State law

Special districts in the United States are founded by some level of government in accordance with state law (either constitutional amendment, general law, or special acts) and exist in all states. Special districts are legally separate entities with at least some corporate powers. Districts are created by legislative action, court action, or public referendum. The procedures for creating a special district may include procedures such as petitions, hearings, voter or landowner approval, or government approval. Tribal governments may create special districts pursuant to state law and may serve on the boards of special districts.

Public foundation

Special districts, like all public entities, have public foundation. The landmark case of the U.S. Supreme Court addressing public versus private charters was ''

Dartmouth College v. Woodward ''Trustees of Dartmouth College v. Woodward'', 17 U.S. (4 Wheat.) 518 (1819), was a List of landmark court decisions in the United States, landmark decision in United States corporate law from the Supreme Court of the United States, United States ...

'' in 1819.Newmyer, R. K. John Marshall and heroic age of the Supreme Court. Louisiana State University Press: Baton Rouge, 2001, pp. 244-253. Dartmouth established the fundamental differences between public and private organizations. Critically, a government must be founded by all of the people of a governmental area or by their governmental representatives.Allen v. McKean, 1 F. Cas. 489 (1833)Currie, D. P. (1982, Fall). The Constitution in the Supreme Court: State and Congressional powers, 1801-1835. University of Chicago Law Review. 49 U. Chi. L. Rev. 887.

Civil office

Special districts possess some form of

, that is, the board has received a delegation of

sovereign ''Sovereign'' is a title which can be applied to the highest leader in various categories. The word is borrowed from Old French , which is ultimately derived from the Latin , meaning 'above'. The roles of a sovereign vary from monarch, ruler or ...

power from the state. Some boards may be appointed by only landowners. Private entities may appoint some or all of the members of a special district; however, there must be evidence of civil office. In addition to special districts with privately appointed boards, a special district may have a privately founded board; however, such a board could not be given the power to set a tax.

Accountability

There is a citizen-government

fiscal Fiscal usually refers to government finance. In this context, it may refer to: Economics * Fiscal policy, use of government expenditure to influence economic development * Fiscal policy debate * Fiscal adjustment, a reduction in the government pr ...

relationship. To maintain accountability for special districts, states must maintain ultimate control (the power to repeal the authorizing law at any time). Due to public foundation and, thus, ultimate control, the state can freely delegate sovereign power (such as the power to tax) to special districts and can allow them to act autonomously with little supervision.

History

There is little information available on the earliest special districts in the United States. It is known that park districts existed in the 18th century. Toll road and canal corporations existed in the 19th century.Advisory Commission on Intergovernmental Relations. (1964, May). The problem special districts in American government. Washington, DC UNT Digital Library The first general statute authorizing irrigation districts was adopted by California in 1887. The U.S. Census Bureau began identifying and collecting data on special districts in 1942.

English custom

Special districts in the United States follow the English custom. The earliest known general law in England authorizing special purpose authorities was the Statute of Sewers of 1532.Webb, S.(1922). English local government: Statutory authorities for special purposes. p. 61. Single purpose authorities created by individual

charter A charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified. It is implicit that the granter retains superiority (or sovereignty), and that the rec ...

s also existed at the time. However, the early authorities were temporary and unconnected to local government structure. The first laws authorizing permanent authorities connected to local governments were the Incorporated Guardians of the Poor, which were created by special acts in the 17th century. Turnpike trusts were an early and popular special purpose authority in England. Internal drainage boards are current examples in parts of England and Wales.

Trends

The state of Illinois leads the nation in the number of special districts with California close behind. State counts of their special districts may differ from the federal count because the states may have different definitions of a special district than the U.S. Census Bureau.

Examples

All of the following examples have been found by the U.S. Census Bureau to be special districts.U.S. Census Bureau 2012 Census of Governments Governments Organization See the Census of Governments Government Organization publications at a depository library or visit https://www.census.gov and select Governments Division. * Alabama: Alabama Municipal Electric Authority (special act) * Alaska: regional electrical authorities (general law) * Arizona: drainage districts (general law) * Arkansas: fire ant abatement districts (general law) * California * Colorado: more than 4,00
special districts
* Connecticut: Pomperaug Valley Water Authority (special act) * Delaware: tax ditches (general law) * Florida: many * Georgia: airport authorities (special acts) * Hawaii: Office of Hawaiian Affairs (constitutional amendment) * Idaho: auditorium districts (general law) * Illinois * Indiana: Northwest Indiana Regional Development Authority (special act) * Iowa: library districts (joint or regional) (general law) * Kansas: industrial districts (general law) * Kentucky: Louisville-Jefferson County Air Pollution Control District (general law with special application) * Louisiana: levee districts (general law), Abbeville Film and Visitors Commission District (special act) * Maine: cemetery districts (special acts) * Maryland: water and sewer authorities (general law) * Massachusetts: Goose Pond Maintenance District (special act) * Michigan: recreation authorities (general law) * Minnesota: Metropolitan Mosquito Control District (special act) * Mississippi: lighting districts (special acts) * Missouri: Jackson County Sports Complex Authority (special act) * Montana: county rail authorities (general law) * Nebraska: Omaha Metropolitan Utilities District (general law with special application) * New Hampshire: housing authorities (general law) * New Jersey: Port Authority of New York and New Jersey and

New Jersey Turnpike Authority The New Jersey Turnpike Authority (NJTA) is a state agency responsible for maintaining the New Jersey Turnpike and the Garden State Parkway, which are two toll roads in the U.S. state of New Jersey. The agency is headquartered in Woodbridge Towns ...

- 1948 law (joint or regional) (general law) * New Mexico: cotton boll weevil control districts (general law) *

New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...

: Hyde Park Fire and Water District (special act) * North Carolina: Research Triangle Regional Public Transit Authority (special act) * North Dakota: vector control districts (general law) * Ohio * Oklahoma: public library systems (general law) * Oregon: geothermal heating districts, port authorities -1909 (general law), 34 types in total * Pennsylvania: Philadelphia Regional Port Authority (special act) * Rhode Island: East Providence Special Development District Commission (special act) * South Carolina: Myrtle Beach Air Base Redevelopment Authority (executive order) * South Dakota: television translator districts (general law) * Tennessee: utility districts (general law) * Texas: Palacios Seawall Commission (special act) * Utah: irrigation districts (general law) * Vermont: Vermont Public Power Supply Authority (special act) * Virginia: Buchanan County Tourist Train Development Authority (special act) * Washington: hydroelectric resources authorities (general law) * West Virginia: Hatfield-McCoy Regional Recreation Authority (special act) * Wisconsin: local professional baseball park districts (general law) * Wyoming: resort districts (general law)

References

External links

A Citizen's Guide to Special Districts in California

California Special Districts Association

Special Districts Association of Oregon

Oregon Special Districts Fact Sheets

U.S. Census Bureau

U.S. Census Bureau/Governments Organization/Volume 1

Government Accounting Standards Board

* ttps://web.archive.org/web/20100211112521/http://harvester.census.gov/gid/gid_07/options.html 2007 Governments Integrated Directory, U.S. Census Bureau
IRS tax-exempt bond information

Municipal Research and Services Center of Washington

Florida Department of Economic Opportunity, Special District Accountability Program

State and Local Government Review - current and past issues

Last Week Tonight with John Oliver: Special Districts (HBO)
{{DEFAULTSORT:Special-Purpose District Types of administrative division