Worth County tables ordinance on pipeline setbacks pending state court appeals

The Worth County Board of Supervisors voted to table consideration of an ordinance that would impose setback requirements and other restrictions related to pipeline siting until state-court appeals in Shelby and Story counties are resolved.

Board members discussed the ordinance at length after a public hearing and previous readings. Discussion focused on the ordinance’s proposed setback distance — the draft changed from 1,000 feet in an earlier draft to a half-mile in the current draft — and the likelihood of legal challenges. Several supervisors said multiple similar county ordinances are now in litigation in Iowa and that pending appellate rulings could determine whether local ordinances are enforceable. One supervisor said if the courts rule against counties, an ordinance could remain on the books but be unenforceable; if courts rule for counties, the county could then revise its ordinance to conform to precedent.

A supervisor moved to table the ordinance “until the Shelby and Story County appeals are complete.” Another supervisor seconded. Some supervisors suggested setting a specific revisit timeframe (three or six months), but the mover left the tabling motion open-ended to allow earlier reconsideration if court rulings arrive sooner. The board then took a roll-call vote and recorded the motion carried; supervisors noted the ordinance was not abandoned and can be brought back for further discussion or readings at any time.

Board members expressed concern that the current half-mile setback in the draft could effectively prohibit siting in many parts of the county and might invite immediate legal challenges. They also encouraged the public to share information about the related lawsuits so the board can monitor developments in the state court system. No final ordinance was adopted at the meeting.