If a county proposes to exercise any of the following powers, it shall do so in accordance
with the following limitations:
1.The power to act jointly with other political subdivisions or public or private agencies
shall be exercised in accordance with chapter 28E or 28I or other applicable state law.
2.The power to adopt, administer, and enforce the state building code shall be exercised
in accordance with chapter 103A. The power to adopt by ordinance, administer, and enforce
a county building code, is subject to the following restrictions:
a.A county building code shall not apply within the incorporated area of a city except at
the option of the city, and shall not apply within a city’s two-mile limit referred to in section
414.23, to the extent that the city has adopted a building cod
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If a county proposes to exercise any of the following powers, it shall do so in accordance
with the following limitations:
1. The power to act jointly with other political subdivisions or public or private agencies
shall be exercised in accordance with chapter 28E or 28I or other applicable state law.
2. The power to adopt, administer, and enforce the state building code shall be exercised
in accordance with chapter 103A. The power to adopt by ordinance, administer, and enforce
a county building code, is subject to the following restrictions:
a. A county building code shall not apply within the incorporated area of a city except at
the option of the city, and shall not apply within a city’s two-mile limit referred to in section
414.23, to the extent that the city has adopted a building code within the two-mile limit.
b. A county building code shall not apply to farm houses or other farm buildings which
are primarily adapted for use for agricultural purposes, while so used or under construction
for that use.
3. A county shall not license elevator inspectors or regulate elevator conveyances except
as provided in section 89A.15.
4. The power to adopt airport zoning regulations applicable to airport hazard areas shall
be exercised in accordance with chapter 329.
5. The power to adopt county zoning regulations shall be exercised in accordance with
chapter 335.
6. The board may file a petition with the city development board as provided in section
368.11.
7. The power to take private property for public use shall only be exercised by counties
for public purposes which are reasonable and necessary as an incident to the powers and
duties conferred upon counties, and in accordance with chapters 6A and 6B. Section 306.19
43 COUNTY HOME RULE IMPLEMENTATION, §331.304A
is also applicable to condemnation of right-of-way for secondary roads. Sections 306.27
through 306.37 are applicable to the condemnation of right-of-way that is contiguous to
existing road right-of-way and necessary for the maintenance, safety improvement, or
upgrade of the existing secondary road.
8. The board, upon application, may grant permits for the use of display fireworks as
provided in section 727.2.
9. A county shall not adopt or enforce any ordinance imposing any registration
or licensing system or registration or license fees for or relating to owner-occupied
manufactured or mobile homes including the lots, lands, or manufactured home community
or mobile home park upon or in which they are located. A county shall not adopt or enforce
any ordinance imposing any registration or licensing system, or registration or license fees,
or safety or sanitary standards for rental manufactured or mobile homes unless similar
registration or licensing system, or registration or license fees, or safety or sanitary standards
are required for other rental properties intended for human habitation. This subsection does
not preclude the investigation and abatement of a nuisance or the enforcement of a tiedown
system, or the enforcement of any rules of the department of health and human services
or local board of health if those rules apply to other rental properties or to owner-occupied
housing intended for human habitation.
10. A county shall not adopt or enforce any ordinance imposing any limitation on the
amount of rent that can be charged for leasing private residential or commercial property.
This subsection does not prevent the right of a county to manage and control residential
property in which the county has a property interest.
11. A county shall not adopt or enforce any ordinance or regulation in violation of section
562A.27B or 562B.25B.
12. a. A county shall not adopt, enforce, or otherwise administer an ordinance, motion,
resolution, or amendment providing for any terms or conditions of employment that exceed
or conflict with the requirements of federal or state law relating to a minimum or living
wage rate, any form of employment leave, hiring practices, employment benefits, scheduling
practices, or other terms or conditions of employment.
b. An ordinance, motion, resolution, or amendment adopted prior to March 30, 2017, that
violates this subsection is void and unenforceable on and after March 30, 2017.
13. Acountyshallnotadoptorenforceanordinanceorregulationthatprohibitsanowner,
lessor, sublessor, managing agent, or other person having the right to lease, sublease, or rent
out a dwelling unit from refusing to lease or rent out the dwelling unit to a person because of
the person’s use of a federal housing choice voucher issued by the United States department
of housing and urban development. Such an ordinance or regulation in effect on January 1,
2021, isvoidandunenforceableonandafterJanuary1, 2023. Forpurposesofthissubsection,
“dwelling unit” means the same as defined in section 562A.6.
1, 2. [S81, §331.304(1, 2); 81 Acts, ch 117, §303]
3. [C50, 54, 58, 62, §358A.3; C66, 71, 73, 75, 77, 79, 81, §332.3(22), 358A.3; S81,
§331.304(3); 81 Acts, ch 117, §303]
4 – 7. [S81, §331.304(4 – 7); 81 Acts, ch 117, §303]
8. [S13, §1644-a, -e, 2024-f; C24, 27, 31, 35, 39, §7806; C46, 50, 54, 58, 62, 66, 71, 73, 75,
77, 79, 81, §471.4; S81, §331.304(8); 81 Acts, ch 117, §303]
9. [S81, §331.304(9); 81 Acts, ch 117, §303]