Iowa Code » Chapter 352 — COUNTY LAND PRESERVATION AND USE COMMISSIONS
Iowa Code

Iowa Code § 352.9 (2026)

Withdrawal

✓ current as of July 2026
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1. At any time after three years from the date of creation of an agricultural area, an owner may withdraw from an agricultural area by filing with the county board a request for withdrawal containing a legal description of the land to be withdrawn and a statement of the reasons for the withdrawal. The county board shall, within sixty days of receipt of the request, approve or deny the request for withdrawal. At any time after six years from the date of creation of an agricultural area, an owner may withdraw from an agricultural area by filing with the county board a notice of withdrawal containing a legal description of the land to be withdrawn.

2. The board shall cause the description of that agricultural area filed with the county auditor and recording officer in the county to be modified to reflect any withdrawal. Withdrawal shall be effective on the date of recording. The agricultural area from which the land is withdrawn shall continue in existence even if smaller than three hundred acres after withdrawal. [82 Acts, ch 1245, §10] C83, §93A.9 C87, §176B.9 C93, §352.9 93 Acts, ch 146, §6 Referred to in §352.11 \n

Notes of Decisions
Cited in 1 case, 1998–1998 · leading case: Bormann v. Kossuth Cnty. Bd. of Sup'rs, 584 N.W.2d 309 (Iowa 1998).
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Bormann v. Kossuth Cnty. Bd. of Sup'rs, 584 N.W.2d 309 (Iowa 1998). · cites it 2× “This paragraph shall apply to a farm operation conducted within an agricultural area for six years following the exclusion of land within an agricultural area other than by withdrawal as provided in section 352.9. The immunity does not apply to a nuisance resulting from a…”
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