Chapter 18.65
AGRICULTURAL LAND PRESERVATION AREA OVERLAY
Sections:
18.65.020 Creation of agricultural areas.
18.65.030 Principal permitted uses.
18.65.070 Incentives for agricultural area creation.
18.65.010 Intent.
It is the intent of this section to provide for the establishment of voluntary agricultural land preservation areas, hereinafter referred to as agricultural areas, in accordance with Iowa Code Chapter 352, as amended, and the provisions of this chapter. Black Hawk County and the state of Iowa recognize the importance of preserving the limited supply of agricultural land. Conversion of farmland to urban development and other nonfarm uses reduces future food production capabilities and may ultimately undermine agriculture as the major economic activity in Black Hawk County and Iowa. [Ord. 36 § 18, 1995. Code 2009 App. A, § 18.]
18.65.020 Creation of agricultural areas.
A. An owner or owners of farmland may submit a proposal to the County Board of Supervisors for the creation of an agricultural area within the County. An agricultural area, at its creation, shall include at least 300 acres of farmland; however, a smaller area may be created if the farmland is adjacent to an established agricultural area or to farmland subject to an agricultural land preservation ordinance.
B. The proposal shall include a description of the proposed area, including its boundaries. The territory shall be as compact and as nearly adjacent as feasible.
C. Land shall not be included in an agricultural area without the consent of the owner.
D. Agricultural areas shall not exist within the corporate limits of any city. [Ord. 36 § 18(A), 1995. Code 2009 App. A, § 18(A).]
18.65.030 Principal permitted uses.
The following uses shall be permitted in an agricultural area:
A. Farm operations as defined in Iowa Code Chapter 352, as amended.
B. Residences constructed for occupation by a person engaged in farming or in a family farm operation. Nonconforming preexisting residences may be continued in residential use.
C. Property of a telephone company, city utility as defined in Iowa Code Section 390.1, public utility as defined in Iowa Code Section 476.1, or pipeline company as defined in Iowa Code Section 479.2.
D. Exceptions. The County Board of Supervisors may permit any use not listed above in an agricultural area only if it finds all of the following:
1. The use is not inconsistent with the purposes set forth in Iowa Code Chapter 352, as amended.
2. The use does not interfere seriously with the farm operations within the area.
3. The use does not materially alter the stability of the overall land use pattern in the area. [Ord. 36 § 18(B), 1995. Code 2009 App. A, § 18(B).]
18.65.040 Procedures.
A. Within 30 days of receipt of a proposal to create or expand an agricultural area which meets the statutory requirements, the County Board of Supervisors shall provide notice of the proposal by publishing notice in a newspaper of general circulation in the County. The notice shall provide an explanation, declare that all documents are available for public scrutiny, and set forth the date, time, and place of the hearing. Within 45 days after receipt, the County Board of Supervisors shall hold a public hearing on the proposal.
B. Within 60 days after receipt of the petition, the County Board of Supervisors shall adopt or modify the proposal. Modifications may include adding land from other interested landowners and/or excluding land inconsistent with the purposes of agricultural areas. The County may consult with the Department of Natural Resources when creating or expanding an agricultural area contiguous to a location which is under the direct supervision of the Department, including state park, state preserve, state recreation area, or sovereign lake. [Ord. 36 § 18(C), 1995. Code 2009 App. A, § 18(C).]
18.65.050 Certification.
A. Upon the creation of an agricultural area, its description shall be filed by the County Board of Supervisors with the County Auditor and placed on record in the office of the County Recorder.
B. Upon creation, the description of the agricultural area shall be overlaid upon the official Black Hawk County zoning map(s) by the County Zoning Administrator. [Ord. 36 § 18(D), 1995. Code 2009 App. A, § 18(D).]
18.65.060 Withdrawal.
A. At any time after three years from the date of creation of an agricultural area, an owner may withdraw from an agricultural area by filing with the County Board of Supervisors a request for withdrawal containing a legal description of the land to be withdrawn and a statement of the reasons for the withdrawal. The County Board of Supervisors shall, within 60 days of receipt of the request, approve or deny the request for withdrawal.
B. At any time after six years from the date of creation of an agricultural area, an owner may withdraw from an agricultural area by filing with the County Board of Supervisors a notice of withdrawal containing a legal description of the land to be withdrawn.
C. The County Board of Supervisors must notify the County Auditor and the County Recorder of changes in the legal description of the agricultural area.
D. Said modification shall be made by the withdrawal of described boundary from the official Black Hawk County zoning maps by the County Zoning Administrator.
E. Withdrawal shall be effective on the date of recording.
F. The agricultural area shall continue to exist even if smaller than 300 acres after withdrawal. [Ord. 36 § 18(E), 1995. Code 2009 App. A, § 18(E).]
18.65.070 Incentives for agricultural area creation.
A. Limitation on Power of Certain Public Agencies to Impose Public Benefit Assessments or Special Assessments. Per Iowa Code Section 352.10, the County, a political subdivision or a benefited district providing public services such as sewer, water, or lights or for nonfarm drainage shall not impose benefit assessments or special assessments on land used primarily for agricultural production within an agricultural area on the basis of frontage, acreage, or value, unless the benefit assessments or special assessments were imposed prior to the formation of the agricultural area, or unless the service is provided to the landowner on the same basis as others having the service.
B. Nuisance Restriction. Per Iowa Code Section 352.11, a farm or farm operation located in an agricultural area shall not be found to be a nuisance regardless of the established date of operation or expansion of the agricultural activities of the farm or farm operation. This subsection:
1. Does not apply if the nuisance results from the negligent operation of the farm or farm operation or in violation of federal or state statute or regulation.
2. Does not apply to actions or proceedings arising from the injury or damage to person or property caused by the farm or farm operation before the creation of an agricultural area.
3. Does not affect or defeat the right of a person to recover damages for injury or damage sustained by the person because of the pollution or change in condition of the waters of a stream, the overflowing of the person’s land, or excessive soil erosion onto another person’s land.
C. Water Priority. In the application for a permit to divert, store, or withdraw water and in the allocation of available water resources under a water permit system, the Department of Natural Resources shall give priority to the use of water resources by a farm or farm operations, exclusive of irrigation, located in an agricultural area over all other uses except the competing uses of water for ordinary household purposes (Iowa Code Section 352.11.2).
D. Limitation of State Regulation. In order to accomplish the purposes set forth in this chapter and Iowa Code Chapter 352, as amended, a rule adopted by a state agency which would restrict or regulate farms or farm operations may contain standards which are less restrictive for farms or farm operations inside an agricultural area than for farms or farm operations outside such an area. A rule containing such a discrimination shall not for the fact of such discrimination alone be found or held to be unreasonable, arbitrary, capricious, beyond the authority delegated to the agency, or characterized by an abuse of discretion or clearly unwarranted exercise of discretion (Iowa Code Section 352.12).
E. Statement of Prime Agricultural Soils. If the damages are to be paid by the state and the land to be condemned is within an agricultural area as provided in Iowa Code Sections 6B.3, 352.12, and 335.27, and this chapter, a statement disclosing whether any of that land is classified as Class I or Class II land under the United States Department of Agriculture Soil Conservation Service Land Capability Classification System contained in the Agriculture Handbook Number 210, 1961 Edition, and, if so classified, stating that the Class I and Class II land is reasonably necessary for the work of internal improvement for which condemnation is sought. [Ord. 36 § 18(F), 1995. Code 2009 App. A, § 18(F).]