Iowa Code

Iowa Code § 352.6 (2026)

Creation or expansion of agricultural areas

✓ current as of July 2026

Find cases: SyfertCases citing this section IA-LEGlegis.iowa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

1. An owner of farmland may submit a proposal to the county board for the creation or expansion of an agricultural area within the county. An agricultural area, at its creation, shall include at least three hundred acres of farmland; however, a smaller area may be created if the farmland is adjacent to farmland subject to an agricultural land preservation ordinance pursuant to section 335.27 or adjacent to land located within an existing agricultural area. The proposal shall include a description of the proposed area to be created or expanded, including its boundaries. The territory shall be as compact and as nearly adjacent as feasible. Land shall not be included in an agricultural area without the consent of the owner. Agricultural areas shall not exist within the corporate limits of a city. The county board may consult with the department of natural resources when creating or expanding an agricultural area contiguous to a location which is under the direct supervision of the department, including a state park, state preserve, state recreation area, or sovereign lake. Agricultural areas may be created in a county which has adopted zoning ordinances. Except as provided in this section, the use of the land in agricultural areas is limited to farm operations.

2. The following shall be permitted in an agricultural area:

a. Residences constructed for occupation by a person engaged in farming or in a family farm operation. Nonconforming preexisting residences may be continued in residential use.

b. Property of a telephone company, city utility as defined in section 390.1, public utility as defined in section 476.1, or pipeline company as defined in section 479.2.

3. The county board of supervisors may permit any use not listed in subsection 2 in an agricultural area only if it finds all of the following:

a. The use is not inconsistent with the purposes set forth in section 352.1.

b. The use does not interfere seriously with farm operations within the area.

c. The use does not materially alter the stability of the overall land use pattern in the area. [82 Acts, ch 1245, §7] C83, §93A.6 \n Tue Dec 09 22:14:25 2025 Iowa Code 2026, Chapter 352 (29, 0) 5 COUNTY LAND PRESERVATION AND USE COMMISSIONS, §352.10\n\n C87, §176B.6 C93, §352.6 93 Acts, ch 146, §3; 2010 Acts, ch 1061, §142 Referred to in §335.27, 352.2 \n

Notes of Decisions

Cited in 8 cases, 1996–2015 · leading case: Weinhold v. Wolff, 555 N.W.2d 454 (Iowa 1996).

Sort: Relevance Newest Treatment

Weinhold v. Wolff, 555 N.W.2d 454 (Iowa 1996). · cites it 16× “The Wolffs filed the application with the Buena Vista County Board of Supervisors pursuant to what is now Iowa Code section 352.6. The board approved the application on October 8.”

Bormann v. Kossuth Cnty. Bd. of Sup'rs, 584 N.W.2d 309 (Iowa 1998). · cites it 8× “See Iowa Code § 352.6 (1993). The real property involved consisted of 960 acres.”

Citizens for Responsible Choices v. City of Shenandoah, 686 N.W.2d 470 (Iowa 2004). · cites it 6× “77; and (3) the proposed project is a misuse of a designated agricultural area contrary to Iowa Code section 352.6. The district court sustained the cities’ motion to dismiss these claims on both ripeness and standing grounds.”

Wild v. Allamakee Cnty., 666 N.W.2d 137 (Iowa 2003). · cites it 20× “Iowa Code § 352.6 . The exceptions are: 1.”

In Re Condemnation of Certain Rights, 666 N.W.2d 137 (Iowa 2003). · cites it 20× “Iowa Code § 352.6 . The exceptions are: 1.”

Petersen v. Harrison Cnty. Bd. of Supervisors, 580 N.W.2d 790 (Iowa 1998). · cites it 2× “See Iowa Code § 352.6 . The proposed agricultural area covers land that surrounds the unincorporated village of Beebeetown, Iowa, on three sides.”

Susan Miller v. Grundy Cnty. Bd. of Supervisors, Grundy Ctr. Iowa, & Mid Am. Energy Co., Intervenor-Appellee. (Iowa Ct. App. 2015). · cites it 25× “Iowa Code § 352.6 (2). 5 Iowa Code § 352.”

Petersen v. Harrison Cty. Bd. of Suprvs., 580 N.W.2d 790 (Iowa 1998). · cites it 2× “See Iowa Code § 352.6 . The proposed agricultural area covers land that surrounds the unincorporated village of Beebeetown, Iowa, on three sides.”

— Iowa Code § 352.6(1) — 1 case

Susan Miller v. Grundy Cnty. Bd. of Supervisors, Grundy Ctr. Iowa, & Mid Am. Energy Co., Intervenor-Appellee. (Iowa Ct. App. 2015). “Iowa Code § 352.6 (2). 5 Iowa Code § 352.”

— Iowa Code § 352.6(1)(a) — 1 case

Weinhold v. Wolff, 555 N.W.2d 454 (Iowa 1996). “The Wolffs filed the application with the Buena Vista County Board of Supervisors pursuant to what is now Iowa Code section 352.6. The board approved the application on October 8.”

— Iowa Code § 352.6(2) — 1 case

Susan Miller v. Grundy Cnty. Bd. of Supervisors, Grundy Ctr. Iowa, & Mid Am. Energy Co., Intervenor-Appellee. (Iowa Ct. App. 2015). “Iowa Code § 352.6 (2). 5 Iowa Code § 352.”

— Iowa Code § 352.6(3) — 1 case

Susan Miller v. Grundy Cnty. Bd. of Supervisors, Grundy Ctr. Iowa, & Mid Am. Energy Co., Intervenor-Appellee. (Iowa Ct. App. 2015). “Iowa Code § 352.6 (2). 5 Iowa Code § 352.”

— Iowa Code § 352.6(3)(a) — 1 case

Susan Miller v. Grundy Cnty. Bd. of Supervisors, Grundy Ctr. Iowa, & Mid Am. Energy Co., Intervenor-Appellee. (Iowa Ct. App. 2015). “Iowa Code § 352.6 (2). 5 Iowa Code § 352.”

— Iowa Code § 352.6(l)(a) — 1 case

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.