1. Except to the extent required to implement section 335.27, no ordinance adopted under this chapter applies to land, farm houses, farm barns, farm outbuildings, or other buildings or structures that are primarily adapted, by reason of nature and area, for use for agricultural purposes, while so used. However, the ordinances may apply to any structure, building, dam, obstruction, deposit, or excavation in or on the floodplains of any river or stream.
2. A county shall not require an application, an approval, or the payment of a fee in order for an ordinance to be deemed inapplicable to land, farm barns, farm outbuildings, or other buildings or structures that are primarily adapted for use for agricultural purposes under this section.
3. Land, farm houses, farm barns, farm outbuildings, or other buildings or structures may qualify under this section independently or in combination with other agricultural uses. Land enrolled in a soil or water conservation program shall be considered land primarily adapted for use for agricultural purposes under this section. [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, §358A.2; 81 Acts, ch 117, §1070; 82 Acts, ch 1245, §16] C93, §335.2 2019 Acts, ch 24, §104; 2020 Acts, ch 1034, §1, 5, 6 Referred to in §335.3, 368.26, 414.23 \n
Notes of Decisions
Goodell v. Humboldt Cnty., 575 N.W.2d 486 (Iowa 1998).
· cites it 30× “The court ruled this part of ordinance 25 violated Iowa Code section 335.2, which prohibits counties from zoning agricultural land and structures.”
Robert Milligan v. City of Red Oak, Iowa, 230 F.3d 355 (8th Cir. 2000).
“Milligan ceased further construction and filed suit in the Iowa district court for Montgomery County requesting a declara *358 tory judgment that his use of his property was exempt from county zoning under Iowa Code § 335.2 . The Iowa district court ruled that construction of…”
Robinson v. Linn Cnty. Bd. of Supervisors (Iowa Ct. App. 2024).
· cites it 24× “Iowa Code § 335.2 . 12 structures that are primarily adapted, by reason of nature and area, for use for agricultural purposes, while so used.”
Robert Milligan v. City of Red Oak (8th Cir. 2000).
“Milligan ceased further construction and filed suit in the Iowa district court for Montgomery County requesting a declaratory judgment that his use of his property was exempt from county zoning under Iowa Code § 335.2 . The Iowa district court ruled that construction of the…”
— Iowa Code § 335.2(3) — 1 case
Robinson v. Linn Cnty. Bd. of Supervisors (Iowa Ct. App. 2024).
“Iowa Code § 335.2 . 12 structures that are primarily adapted, by reason of nature and area, for use for agricultural purposes, while so used.”
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