ABSTRACT

Before we get going, please understand that the words ordinance and bylaw (sometimes spelled by-law) are interchangeable. In addition, in case you missed it in your seventh-grade civics class, when there is a conflict between the U.S. Constitution and a federal statute, the Constitution wins. When there is a conflict between a federal statute and a federal regulation, the federal statute wins. When there is a conflict between a federal statute and a state law (or statute), the federal statute wins. When there is a conflict between a state law and a city or town bylaw, state law wins. But, the most common problem you will run into is when a bylaw conflicts with a federal statute or regulation. If you are an engineer, you might prefer Table 20.1, which lists authority and type of regulation in descending order of power. Regulations in Descending Order of Power https://www.niso.org/standards/z39-96/ns/oasis-exchange/table">

Authority

Name

The Congress, signed by the President

Federal statute

Federal Agency (e.g., FCC, FAA)

Federal regulation

State legislature

State statute or law

City or town

Ordinance, bylaw

Board

Regulation