Emmet County board moves to repeal 2023 pipeline zoning ordinance, schedules May 12 public hearing

The Emmet County Board of Supervisors voted April 28 to advance repeal proceedings for Emmet County Ordinance No. 2023-01, the county's 2023 amendments that regulated hazardous liquid pipelines, and set a public hearing for the proposed repeal on May 12, 2026, at 9 a.m. in the Supervisors Room at the Emmet County Courthouse.

Supervisor Jeff Quastad introduced the motion to move forward with the proposition to repeal Ordinance No. 2023-01; John Pluth seconded. The board recorded a roll call vote with Tim Schumacher, Todd Glasnapp, John Pluth, Jeff Quastad and Chair Lisa Hansen all voting yes. The motion to proceed was adopted, and the board then adopted Resolution 26-16 directing the Auditor to publish notice and scheduling the hearing.

The board said the move follows federal court decisions concluding that county ordinances like Emmet County's are preempted by federal or state law. The meeting record cites the Eighth Circuit's June 5, 2025 decision in Couser, et al. v. Shelby County, et al., and related rulings in Shelby and Story counties, and notes that Planning and Zoning reviewed the question and recommended repeal. The resolution cites Iowa Code chapter 335 and section 331.305 for the public-notice requirements.

The public hearing procedure described in the resolution opens oral and written comment from any Emmet County resident or property owner; after receiving comments the board said it would consider and vote on the repeal at the meeting or an adjournment thereof.

The board’s next procedural step is the May 12 hearing at 9 a.m. at the Emmet County Courthouse, 609 1st Avenue North, Estherville.