In Iowa, county zoning generally cannot regulate land and farm buildings that are primarily used for agriculture, so a working farm in the county is mostly shielded from zoning rules. Commercial zoning issues show up in three other ways: a neighbor’s land gets rezoned for a business or industrial use, a city annexes ground near or including your farm, or you want a non-farm use on your own land. Neighbors near a proposed rezoning can file a formal protest that forces a supermajority vote, and owners who want to keep land in farming can use tools like agricultural areas and conservation easements. Know which situation you are in before you react.
Key takeaways
- Iowa county zoning generally exempts land and farm buildings used for agriculture.
- Owners of 20% of the land within 500 feet of a proposed county rezoning can protest, which requires a 60% vote of the supervisors to pass it.
- Annexation brings land under city rules. Involuntary annexation goes through the state City Development Board.
- A farm event venue, store, or other business on your land usually needs zoning approval even though the farm itself does not.
- Conservation easements and agricultural areas can help keep land in farming, but each has real trade-offs.
Does county zoning apply to your farm?
For the farm itself, generally no. Under Iowa Code section 335.2, county zoning ordinances do not apply to land, farm houses, barns, outbuildings, and other structures that are primarily adapted for agricultural use, while they are being used that way. The main exception is floodplains, where counties can still regulate structures and excavation.
The key words are “while so used.” Once land or a building is used for something other than farming, county zoning can apply. That is why a farm can raise corn without a zoning permit, but turning the old hay barn into a wedding venue usually needs one. City zoning is a different matter, covered under annexation below.
What can you do when land next to you is rezoned?
A county rezoning has to go through a public hearing, with notice published that names the township and section, under Iowa Code section 335.6. Watch the legal notices in your county paper and the planning and zoning commission agendas, and ask the county zoning office to tell you about any applications near your land.
If you oppose it, Iowa law gives neighbors a real say. Under Iowa Code section 335.7, if the owners of 20% or more of the land in the proposed change, or of the land within 500 feet of its boundaries, sign a protest, the rezoning needs the votes of at least 60% of the board of supervisors to take effect. A few neighboring farm owners together can often reach that 20%.
Be specific about what worries you. Supervisors respond to concrete problems more than general objections. For farmland, the usual ones are:
- Drainage. Pavement and roofs send more water downhill faster. Iowa drainage law, summarized in Iowa State’s review of Iowa drainage law, limits how a higher owner can change the flow of water onto lower land, and a development should show how it will handle runoff and protect tile outlets.
- Traffic on roads you use to move equipment and grain.
- Setbacks and buffers between the new use and your fields or livestock.
- Future complaints. New neighbors sometimes object to dust, odor, spraying, and night harvest.
Sometimes the better move is to negotiate conditions instead of opposing the project, such as a stormwater plan, a buffer strip, or road improvements.
What happens if a city annexes your farm?
Annexation moves land from the county into a city, and city zoning and ordinances then apply. Iowa allows voluntary annexation, where owners apply, and involuntary annexation, where land is added without the owner’s consent, as the Iowa League of Cities explains in its guide to Iowa annexation. Involuntary annexation, and voluntary annexation within two miles of another city, must be reviewed and approved by the state’s City Development Board.
If a city is growing toward your farm, find out what its comprehensive plan shows for your land. Ask how the city would zone it after annexation, whether agricultural use can continue, and what assessments for streets, water, or sewer could follow. If involuntary annexation is proposed, you can take part in the Development Board’s hearing, and you should have an attorney who handles annexation.
What if you want a commercial use on your own land?
This is where most farm owners actually run into zoning. Common examples are an event barn, a farm store or market, agritourism, a seed or repair business, or a contractor yard. Because those are not farming, they usually need a rezoning, a conditional use permit, or a variance, depending on your county’s ordinance. Call the county zoning administrator before you invest in the project.
If the goal is to sell part of the farm to a developer, that is a bigger decision with its own risks to the rest of the farm. We cover it in selling part of your farm for commercial development. The rezoning process itself is laid out in converting farmland to commercial use in Iowa.
How can you protect farmland from future development?
No single tool locks farmland in place. A few help.
Agricultural areas
Iowa Code chapter 352 lets landowners ask the county board of supervisors to designate an agricultural area. A county ordinance implementing it, such as Black Hawk County’s, requires at least 300 acres of farmland in a new area, with every owner’s consent, and shows the area on the county zoning map. Know the limits: the nuisance protection originally attached to agricultural areas was struck down by the Iowa Supreme Court in Bormann v. Board of Supervisors in 1998. Ask your county how it handles designations before relying on one.
Conservation easements
A conservation easement permanently restricts development on your land. Donating a qualifying easement to a land trust or government agency can bring a federal income tax deduction, and you keep owning and farming the land. The trade-off is that it is permanent and lowers what the land can sell for, since no future owner can develop it. We cover the tax side in tax benefits of owning agricultural land.
A plan for who owns it next
A lot of farmland near growing towns gets sold to developers when heirs inherit it with no plan and different goals. A written succession plan does more to keep a farm in agriculture than most zoning tools. Our farm succession planning guide walks through it.
Who should you talk to?
Start with your county zoning administrator or planning and zoning office. They can tell you how your land is zoned, what the comprehensive plan shows, and what applications are pending nearby. For a protest, an annexation, or a commercial project, hire an attorney who handles land use. And before you decide anything about selling, developing, or holding, get a value on the land as farmland and as a commercial site. Those are often very different numbers.
Where Midwest Land Management fits
We work both sides of this question. Our commercial real estate team handles sales of commercial sites, and our farm side values farmland off our own database of recent area sales. If development is moving toward your farm, we can tell you what the land is worth as farmland, what it might bring as a commercial site, and what we would do in your position. Ben Hollesen is a licensed broker in Iowa, Minnesota, and South Dakota.
FAQ
Does county zoning apply to farmland in Iowa?
Generally not to land and farm buildings primarily used for agriculture, under Iowa Code section 335.2, except in floodplains. Non-farm uses on a farm, like an event venue or retail business, can still need zoning approval.
Can I stop my neighbor’s land from being rezoned?
You cannot block it alone, but if owners of 20% of the land within 500 feet of the proposed change sign a protest, the county needs a 60% vote of the supervisors to approve it. Specific concerns, like drainage and traffic, carry the most weight.
Can a city annex my farm without my consent?
Iowa allows involuntary annexation, but it must go through the state City Development Board, which holds a hearing. Talk to an attorney if one is proposed.
Do I need a permit for a wedding barn or farm store?
Usually yes. The farm exemption covers agricultural use. A commercial use like an event venue or store typically needs a rezoning, conditional use permit, or variance under your county’s ordinance.
Development moving toward your farm? Request a free farm evaluation or call our Spencer office and get both numbers before you decide anything.