Eastern Iowa Farmer Fall 2020

By Kristine A. Tidgren
Staff Attorney
Center for Agricultural Law & Taxation
Iowa State University
eastern Iowa farmer
The Iowa Legislature was hard at work
this busy spring, passing bills that
Gov. Kim Reynolds signed into law.
Below is a summary of new laws
impacting the state’s agricultural producers
and rural landowners. Most of these laws
were effective July 1.
Prohibiting permit requirements for agricultural
experiences
This law prohibits counties from requiring a
permit for agricultural producers offering “agricultural
experiences.” An agricultural experience
is defined as “any agriculture-related activity, as
a secondary use in conjunction with agricultural
production, on a farm which activity is open to
the public with the intended purpose of promoting
or educating the public about agriculture,
agricultural practices, agricultural activities, or
agricultural products.”
This law would prevent a county from requiring
a farmer to obtain a permit to host a harvest
dinner or groups of students on his or her farm.
The scope of agricultural experiences covered
by the law, however, is unclear. During debate,
legislators stated that weddings or rock concerts
would not be covered. The law specifically
prevents the imposition of special exceptions,
variances, conditional use permits, or special use
permits, but it is unclear whether a county could
impose other requirements upon these producers.
Preventing county zoning regulation
of agricultural-exempt property
Counties generally have the authority to
develop zoning regulations for their rural areas,
but farms have been exempt from this reach.
This means that an exempt farmer can build an
ag building or a grain bin on his or her property
without getting a permit from the county.
Iowa law has long exempted from county zoning
regulations all land, farm houses, farm barns,
New Iowa
laws impact
agricultural
producers
farm outbuildings or other buildings or structures
that are primarily adapted, by reason of nature
and area, for use for agricultural purposes. The
new law adds that a county shall not require an
application, an approval, or the payment of a fee
in order for an ordinance to be deemed inapplicable
to land, farm barns, farm outbuildings, or
other buildings or structures that are primarily
adapted for use for agricultural purposes. Land
enrolled in a soil or water conservation program
qualifies for the agricultural exemption.
The intent of this provision is to prevent counties
from imposing additional zoning burdens on
otherwise-exempt agricultural activities. It was
written specifically in response to a county’s unified
development ordinance, which would have
required an application and a hearing for any
farm of less than 40 acres to build a new building,
such as a confined animal feeding operation.
Critics of the law point out that the definition
of whether property is adapted for agricultural
purposes is sometimes unclear and that a hearing
might be helpful to a property owner seeking
confirmation that the property is exempt. It is
not clear under the new law whether voluntary
hearings or applications for determining exempt
status would be allowed or whether all enforcement
would occur after the building is built.
Updated Hemp Law
This new law amends the Iowa Hemp Act,
which was passed last year to facilitate the legal
production of hemp in Iowa. The plan was approved
by the USDA on March 20. The new law
allows the manufacture, sale, and consumption
of “consumable hemp products” by humans if all
the following conditions apply:
n The consumable hemp product was manufactured
in Iowa in compliance with Iowa Code
chapter 204.
n The hemp contained in the consumable
hemp product was produced exclusively in Iowa
in compliance with Iowa Code chapter 204.
n The consumable hemp product complies with
certain packaging and labeling requirements.
About
CALT:
n The Center for
Agricultural Law and
Taxation (CALT)
at Iowa State
University was
created in 2006.
It provides timely,
critically objective
information to
producers,
professionals and
agribusinesses
concerning the
application of
important
developments in
agricultural law and
taxation (federal and
state legal opinions
of relevance, as well
as critical legislative
developments) and
is a primary source
of professional
educational training
in agricultural law
and taxation.
Contact CALT:
Iowa State
University
2321 N. Loop,
Suite 200
Ames, IA 50010
Phone:
(515) 294-5217
Fax: (515) 294-0700
www.calt.iastate.edu
102 Eastern Iowa Farmer | fall 2020 eifarmer.com