Emmet County board moves to repeal pipeline zoning ordinance, schedules May 12 public hearing

The Emmet County Board of Supervisors voted unanimously April 28 to move forward with a proposition to repeal Emmet County Ordinance No. 2023-01, a 2023 amendment to the county zoning code that regulated the transport of hazardous liquid through pipelines. Supervisor Jeff Quastad moved the proposition and Supervisor John Pluth seconded; a roll-call vote was recorded as all ayes and the board approved moving forward.

The board then adopted Resolution 26-16, also by unanimous roll-call vote, which fixes a public hearing on the proposed repeal for 9:00 a.m. on May 12, 2026 in the Supervisors Room at the Emmet County Courthouse and directs the county auditor to publish notice (publication scheduled for May 6 and 7, 2026). The resolution cites Iowa Code chapter 335 and chapter 331 for notice requirements.

Quastad told the board the county’s ordinance contains provisions similar to restrictions that were challenged in federal court by pipeline interests and that the courts have found substantially similar county ordinances preempted. The minutes cite federal litigation involving Shelby and Story counties and reference the Eighth Circuit decision in Couser, et al. v. Shelby County et al., which upheld district court findings of federal preemption in related challenges. Based on those rulings, the board said it no longer believes the county can lawfully enforce Ordinance No. 2023-01 and moved to set the repeal process in motion.

The resolution’s text, included in the record, states the board will hear oral and written comments from any county resident or property owner at the May 12 hearing before considering final action. The board did not take a final vote to repeal the ordinance on April 28; the May 12 public hearing is the next formal step.