Iowa Code » Chapter 368 — CITY DEVELOPMENT
Iowa Code

Iowa Code § 368.26 (2026)

Annexation of certain property — compliance with less stringent regulations

✓ current as of July 2026
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1. A city ordinance or regulation that regulates a condition or activity occurring on protected farmland or regulates a person who owns and operates protected farmland is unenforceable against the owner of the protected farmland for a period of ten years from the effective date of the annexation, to the extent the city ordinance or regulation is more stringent than county legislation. Section 335.2 shall apply to the protected farmland until the owner of the protected farmland determines that the land will no longer be operated as an agricultural operation. Any enforcement activity conducted in violation of this section is void.

2. For purposes of this section:

a. “Condition or activity occurring on protected farmland” includes but is not limited to the raising, harvesting, drying, or storage of crops; the marketing of products at roadside stands or farm markets; the creation of noise, odor, dust, or fumes; the production, care, feeding, or housing of animals including but not limited to the construction, operation, or management of an animal feeding operation, an animal feeding operation structure, or aerobic structure, and to the storage, handling, or application of manure or egg washwater; the operation of machinery including but not limited to planting and harvesting equipment, grain dryers, grain handling equipment, and irrigation pumps; ground and aerial seeding and spraying; the application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides; and the employment and use of labor.\n\nTue Dec 09 22:13:46 2025 Iowa Code 2026, Chapter 368 (31, 1) 15 CITY DEVELOPMENT, §368.26\n\n b. “County legislation” means any ordinance, motion, resolution, or amendment adopted by a county pursuant to section 331.302.

c. “Protected farmland” means land that is part of a century farm as that term is defined in section 403.17, subsection 10. 2003 Acts, ch 148, §8, 9; 2004 Acts, ch 1101, §43; 2013 Acts, ch 90, §97\n\nTue Dec 09 22:13:46 2025 Iowa Code 2026, Chapter 368 (31, 1) \n

Notes of Decisions
Cited in 4 cases, 1966–1973 · leading case: McGuire v. City of Cedar Rapids, 189 N.W.2d 592 (Iowa 1971).
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McGuire v. City of Cedar Rapids, 189 N.W.2d 592 (Iowa 1971). · cites it 4× “Section 368.26, The Code. As a part of this plant, the City maintained a building known as a final sludge pumping station.”
Elledge v. City of Des Moines, 144 N.W.2d 283 (Iowa 1966). · cites it 2× “Section 368.26 and chapter 417, Code, 1962, and Rhyne, Municipal Law', section 30-23, pages 769, 770.”
Lloyd E. Clarke, Inc. v. City of Bettendorf, 158 N.W.2d 125 (Iowa 1968). “Code of Iowa, 1966, sections 368.26 and 391.11 authorize a city to construct, repair and regulate connections.”
Iowa Water Pollution Control Comm'n v. Town of Paton, 207 N.W.2d 755 (Iowa 1973). “As previously noted, the state department of health, of which the commission is a division, is empowered to direct the method of installation and operation of municipal sewer systems and the commission is authorized to enter orders requiring municipalities to change their…”
Iowa Code § 368.26(2): 2 cases
McGuire v. City of Cedar Rapids, 189 N.W.2d 592 (Iowa 1971). “Section 368.26, The Code. As a part of this plant, the City maintained a building known as a final sludge pumping station.”
Iowa Water Pollution Control Comm'n v. Town of Paton, 207 N.W.2d 755 (Iowa 1973). “As previously noted, the state department of health, of which the commission is a division, is empowered to direct the method of installation and operation of municipal sewer systems and the commission is authorized to enter orders requiring municipalities to change their…”
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