Unincorporated area (United States)

Not to be confused with Unincorporated territories of the United States.

Arlington County, Virginia, pictured at night. The county has no devolved municipal governments, which makes it the most populous unincorporated area in the United States.

Within the United States, an unincorporated area (also known as an unincorporated community or unincorporated place) refers to an area of land which is outside the boundaries of any municipality or local government, but still governed by the county, state, and federal governments.

Unincorporated areas exist as a direct consequence of how incorporated areas are established, rather than being established themselves.

Background

The United States was originally a British territory, and was thus represented at colony level with state department in the British government. After the American Revolutionary War, which resulted in American independence, a constitution was written. While the constitution dictated a federal system of government, it gave no mention of any form of devolved government lower than that of the state. Therefore, matters pertaining to the issue were left to the states for them to decide. Eventually, all states created county governments through their constitutions. These counties were granted local autonomy to govern their people. Subsequently, the states and counties began granting municipal charters, which established local governments within the county, within the state. Eventually, states decided to create criteria for the formation of new municipalities, who could then apply for official status.

Eventually, most land was covered by a municipal charter, as it provided the benefits of having dedicated police, medical facilities, education, local tax spending, and local elected representatives and staff. Some land was not covered by the municipal charters, and thus did not become a municipality, instead being governed directly by the county. A consequence of this was a lower tax for residents of unincorporated areas, as there is one less layer of government for them to pay taxes to. A notable example of this being taken advantage of is by the casinos commonly associated with Las Vegas. While frequently assumed to be part of the city, the casinos in fact actually belong to Paradise, Nevada, an unincorporated area outside of Las Vegas.

Formation

For an area to form a local government (and thus become incorporated), a charter must be written by the county. Since the adoption of this process, most of the land within the United States has been covered by a charter, and is under the jurisdiction of a municipal government. Unincorporated areas are areas of land that are not covered by a charter. They have no self-jurisdiction and are governed entirely by the county, state, and federal governments.