Shelby County repeals 2022 pipeline zoning ordinance after federal courts find preemption

The Shelby County Board of Supervisors on May 5, 2026 unanimously adopted Ordinance No. 2026-2, which repeals Shelby County Ordinance No. 2022-4 concerning regulation of hazardous liquid pipelines. The Board moved to waive additional readings and adopt the repeal following a posted hearing and brief public comments.

The ordinance text says the earlier zoning ordinance "is hereby repealed in its entirety and shall no longer have any force or effect." The repeal follows litigation challenging the 2022 ordinance; the U.S. District Court for the Southern District of Iowa found the local rules preempted, and a three-judge panel of the Eighth Circuit Court of Appeals affirmed that finding in Couser, et al. v. Shelby County, et al., Nos. 23-3758 & 23-3760 (June 5, 2025). The ordinance notes Shelby County and Story County exhausted appellate options, prompting the county to repeal the 2022 measure "in the interests of good governance and lawful order."

Supervisor Bryce Schaben moved to adopt Ordinance 2026-2 and Supervisor Mike Kolbe seconded the motion; the clerk’s record later shows AYES: Parkhurst, Kolbe, Schaben and NAYES: None. Two members of the public, Sherry Webb and Jan Reinig, spoke during the hearing on behalf of Shelby County landowners and thanked the Board for the work done over the prior five years concerning the county’s pipeline zoning deliberations.

Ordinance 2026-2 states that it is effective upon final passage, approval, and publication as provided by law. The County’s formal repeal does not alter the fact that the courts determined the earlier ordinance was preempted; the repeal instead removes the local ordinance language in deference to the appellate rulings.