HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.sag/sagia0001 and id is 1 raw text is: Office of the Attorney General
State of Iowa
*1 Opinion No. 97-1-1(L)
January 17, 1997
COUNTIES: Farm Exemption from Zoning and Building Codes, Iowa Const. art. III, § 39A; Iowa Code §§
331.301(4), 331.301(5), 331.304(3)(b), 331.304(5, 335.2, 335.3, 335.4, 335.27, 335.30, 352.6, 414.23
(1995). A county may not conclusively utilize an objective minimum acreage test to define a farm for
purposes of exempting (1) land, farm houses, farm barns, and farm outbuildings from county zoning
under Iowa Code section 335.2 and (2) farm houses and farm buildings from county building codes under
Iowa Code section 331.304(3)(b). Counties must make a determination whether property is actually used for
agricultural purposes, and in the case of a farm house, whether occupants are engaged in agriculture on the
land where the house is located. Counties cannot deny farm exemption for a manufactured home solely
because it is a manufactured home and not a site built, single family dwelling. The farm exemption ends
when land is put to non-agricultural uses (like placement of junk cars) and counties may regulate those
non-agricultural uses. (Tabor to Fink, State Senator, 1-17-97)
The Honorable William Fink
State Senator
379 S-23 Hwy.
Carlisle, IA 50047
Dear Senator Fink:
You have requested our opinion on several issues concerning the exemption of farm houses and farm
buildings from county zoning and building code regulation.
1. Questions Posed. We understand the crux of your inquiry to be whether a county may adopt an objective
definition of a farm as any twenty acres or more of land that is zoned agricultural and conclusively utilize
such definition to interpret the terms
a. farm houses, farm barns, and farm outbuildings contained in Iowa Code section 335.2 (1995), which
deals with exemptions from county zoning, FFN1]
b. land contained in section 335.2, with respect to restrictions on the placement of junk cars, and
c. farm houses and farm buildings contained in Iowa Code section 331.304(3)(b) (19951, which deals with
exemptions from county building codes.
2. County Zoning.
a. General Rules. Counties are authorized to enact zoning regulations under the county home rule
implementation provisions of Iowa Code chapter 331. Thompson v. Hancock County, 539 N.W.2d 181, 183
(Iowa 1994). Section 331.304f6 of such chapter, in turn, provides that [t]he power to adopt county zoning
regulations shall be exercised in accordance with chapter 335. Id.
Iowa Code chapter 335 governs county zoning. Section 335.3 describes broad powers of county boards of
supervisors to adopt ordinances regulating property within counties, but lying outside of the corporate limits
of any city. Section 335.4 describes the authority of boards of supervisors to divide counties into districts in
order to implement such powers. (FN21 Under these provisions, counties may impose regulations of the type
you mention in your letter, namely, restrictions on the number of houses which may be constructed on
property, restrictions as to minimum lot sizes for houses, restrictions on the size of residences, and
requirements for building permits for houses and buildings.
*2 However, such powers are specifically made subject to section 335.2 which states:
Except to the extent required to implement section 335.27, no ordinance adopted under this chapter applies
to land, farm houses, farm barns, farm outbuildings or other buildings or structures which are primarily
adapted, by reason of nature and area, for use for agricultural purposes, while so used. However, the
ordinances may apply to any structure, building, dam, obstruction, deposit or excavation in or on the flood
plains of any river or stream. rFN31
The term farm houses, farm barns, and farm outbuildings as used in section 335.2 are not defined.
When statutory terms are undefined, they have common meanings. See Iowa Code § 4.1 (38); 1976 Op.
Att'y Gen. 301, 303. Counties must interpret these terms when exercising their zoning power. Counties . ..
are granted home rule power and authority not inconsistent with the laws of the general assembly, to
determine their local affairs and government. . . . Iowa Const. art. III, 4 39A. In turn, section 331.301(4),
which is part of the county home rule implementation chapter, states [a]n exercise of a county power is not
inconsistent with a state law unless it is irreconcilable with the state law.
The question, thus, is whether a county zoning ordinance which objectively defines a farm as any twenty or](ViewImageLocal?handle=hein.sag/sagia0001&div=1&collection=&method=preview&ext=.png&size=3)