368.26 Annexation of certain property — compliance with less stringent regulations.

1. A city ordinance or regulation that regulates a condition or activity occurring on protected farmland or regulates a person who owns and operates protected farmland is unenforceable against the owner of the protected farmland for a period of ten years from the effective date of the annexation, to the extent the city ordinance or regulation is more stringent than county legislation. Section 335.2 shall apply to the protected farmland until the owner of the protected farmland determines that the land will no longer be operated as an agricultural operation. Any enforcement activity conducted in violation of this section is void.

2. For purposes of this section:

a. “Condition or activity occurring on protected farmland” includes but is not limited to the raising, harvesting, drying, or storage of crops; the marketing of products at roadside stands or farm markets; the creation of noise, odor, dust, or fumes; the production, care, feeding, or housing of animals including but not limited to the construction, operation, or management of an animal feeding operation, an animal feeding operation structure, or aerobic structure, and to the storage, handling, or application of manure or egg washwater; the operation of machinery including but not limited to planting and harvesting equipment, grain dryers, grain handling equipment, and irrigation pumps; ground and aerial seeding and spraying; the application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides; and the employment and use of labor.

b. “County legislation” means any ordinance, motion, resolution, or amendment adopted by a county pursuant to section 331.302.

c. “Protected farmland” means land that is part of a century farm as that term is defined in section 403.17, subsection 10.

2003 Acts, ch 148, §8, 9; 2004 Acts, ch 1101, §43; 2013 Acts, ch 90, §97