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Palo Alto County sets April 28 hearing to consider repeal of 2024 pipeline zoning ordinance after federal rulings
Summary
Board adopted Resolution No. 4-14-2026(A) setting an April 28, 2026 public hearing to consider repealing Ordinance No. 2024-0001 following federal litigation that found substantially similar county pipeline ordinances preempted.
The Palo Alto County Board of Supervisors voted April 14 to set a public hearing for 8:00 a.m. on April 28, 2026, to consider the repeal of Ordinance No. 2024-0001, which amended the county zoning ordinance to regulate hazardous liquid pipelines. Board Member Roger Faulstick introduced Resolution No. 4-14-2026(A); the board adopted the resolution unanimously and directed publication of notice as required under Iowa law.
The resolution explains that ordinances enacted by Shelby and Story counties imposing similar pipeline restrictions were challenged in federal court and the U.S. District Court and Eighth Circuit concluded those ordinances were preempted. The resolution specifically cites the Eighth Circuit panel decision in Couser, et al. v. Shelby County (Nos. 23-3758 & 23-3760, June 5, 2025) and states the County now wishes to repeal Ordinance No. 2024-0001 in the interests of good governance. The board instructed the Auditor to publish notice at least four clear days and not more than twenty days before the hearing, per Iowa Code chapter 335 and section 331.305.
