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Palo Alto County repeals 2024 pipeline zoning ordinance after federal court rulings
Summary
The Palo Alto County Board of Supervisors unanimously adopted Ordinance No. 2026-1 on April 28, 2026, repealing Ordinance No. 2024-0001 (zoning restrictions on hazardous liquid pipelines) after federal court decisions held similar county ordinances preempted by higher law.
The Palo Alto County Board of Supervisors voted unanimously April 28 to adopt Ordinance No. 2026-1, repealing Palo Alto County Ordinance No. 2024-0001, which had amended the county zoning ordinance to regulate the transport of hazardous liquid through pipelines.
The ordinance text included the full title and rationale the board cited when voting to repeal. The ordinance states in part: "AN ORDINANCE REPEALING PALO ALTO COUNTY ZONING ORDINANCE NO. 2024-0001 ... FOR THE PURPOSE OF REGULATING AND RESTRICTING THE USE OF LAND FOR THE TRANSPORT OF HAZARDOUS LIQUID THROUGH A HAZARDOUS LIQUID PIPELINE) FOLLOWING A COURT RULING FINDING SIMILAR ORDINANCES TO BE PREEMPTED BY FEDERAL LAW." Motion to adopt the repeal was made by Craig Merrill and seconded by Ron Graettinger; the board recorded ayes from Keith Wirtz, Ron Graettinger, Craig Merrill, Roger Faulstick and Linus Solberg.
County materials presented at the meeting note that the board considered federal litigation in which Shelby County and Story County ordinances were found preempted and that the U.S. Court of Appeals for the Eighth Circuit in Couser et al. v. Shelby County, Nos. 23-3758 & 23-3760 (June 5, 2025) upheld preemption findings. The ordinance declares the board is repealing the county's 2024 ordinance "in the interests of good governance" because those appellate rulings are likely dispositive for Palo Alto County's similar provisions.
The board also voted to waive the second and third readings of Ordinance No. 2026-1 at the same meeting. The ordinance states it will take effect after final passage, approval and publication as provided by law.
