Kossuth County schedules June 9 hearing to repeal pipeline zoning ordinance after appeals court ruling

The Kossuth County Board of Supervisors voted unanimously May 19 to set a public hearing for 10 a.m. on June 9, 2026, to consider repealing Kossuth County Ordinance No. 300A, the county’s ordinance that amended the zoning code to regulate hazardous-liquid pipeline transport.

Supervisor Howard Haas introduced the resolution and Supervisor Amber Garman seconded; Chairman Carter Nath called for a roll call and the motion carried with Supervisors Waechter, Garman, Haas and Nath voting yes. The resolution directs the county auditor to publish notice under Iowa Code chapters 335 and 331 and sets the hearing in the Board of Supervisors meeting room at the Kossuth County Courthouse in Algona.

The board said it is taking the step after a three-judge panel of the U.S. Court of Appeals for the Eighth Circuit upheld a district court finding that ordinances enacted by Shelby and Story counties were preempted by federal and state law (Couser v. Shelby County, 139 F.4th 664 (8th Cir. 2025)). The resolution states that Kossuth County’s Ordinance 300A contains provisions substantially similar to those the court held preempted and that the Planning & Zoning Commission reviewed the proposal and recommended approval of the repeal on May 11, 2026.

The public notice included in the resolution specifies that any resident or property owner may present written or oral objections at the June 9 hearing; after comments are received and considered, the board will consider and vote on the proposed repeal. The resolution was adopted by roll call on May 19 and will be published at least once not less than four days nor more than 20 days before the hearing.