Iowa Statutes Summary
County zoning powers in Iowa are authorized through IOWA CODE ch. 335 (1999) and city zoning powers through ch. 414. There are four right-to-farm laws in Iowa contained in four different chapters: 335, 352, 657, and 172. Chapter 352 mandates the creation of "county land preservation and use commissions" that provide land use planning and preservation guidance to county boards. Chapter 352 also allows for the creation and expansion of agricultural areas by each county board. Section 352.11 provides immunity from nuisance suits for agricultural operations that are contained in these agricultural areas. The second right-to-farm law is found under chapter 335 where counties may also adopt "agriculture preservation ordinances" that offer the same nuisance suit immunity to agricultural operations as chapter 352. Operations governed by agriculture preservation ordinances must also be subject to the same land use restrictions found in chapter 352 to receive this immunity. Exceptions to a farm's immunity are negligent or improper operation or noncompliance with federal, state, and local ordinances, rules and regulations.
Iowa's third right-to-farm law is found in chapter 657. Section 657.11, states that animal feeding operations, as defined in § 455B.161 of chapter 455, shall not be found to be a public or private nuisance unless: the operation is not in compliance with a federal or state statute or rule, or two of the conditions listed in 657.11(2)(b) both apply. Part three of this section also states that the immunity from nuisance suits does not apply to a person who has a controlling interest in a confined animal feeding operation and who is also a chronic violator of federal and state statutes and regulations.
Iowa's fourth right-to-farm law, chapter 172D, requires that feedlots be subject to applicable zoning regulations. It also states that compliance with these zoning regulations, and the rules of the Department of Natural Resources, may constitute a defense to nuisance actions brought against those facilities. Thus agricultural operations do not need to be in an agricultural area to be protected from nuisance suits. However, a farm operation must still not be operated in a negligent, illegal, or improper manner to be eligible for immunity from nuisance suits.
Iowa law, chapter 654, also provides for mediation proceedings if a dispute arises between the owner of an animal feeding operation structure and the neighbor that benefits from the separation distance requirements that may be applied to that structure. Such a dispute may arise with regards to where the structure may be placed within that required separation distance.
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 E-mail: Ted_Feitshans@ncsu.edu |
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