New Limitations on City and County Regulation of Fireworks Sales - Effective Immediately
Changes to Extraterritorial Zoning Administration - Effective July 1, 2022
On April 21, 2022, Governor Reynolds signed Senate File 2285 into law, which restricts city and county regulatory authority over the sale of fireworks. Prior to 2017, the sale of fireworks in Iowa was illegal. Senate File 489 and House File 295, both enacted in 2017, legalized the sale of consumer fireworks subject to a license issued by the state fire marshal. Under the 2017 law, cities and counties could regulate the location of fireworks sales pursuant to their respective zoning authority. The new provisions in Senate File 2285, which are effective immediately, prevent cities and counties in Iowa from enacting or enforcing local zoning restrictions on the location of permanent buildings or temporary structures within commercial or industrial zoning districts used for the sale of consumer fireworks.
Specifically, the bill adds a new section 335.2A and a new paragraph to section 414.1(1) to the Iowa Code. Iowa Code section 335.2A provides:
A county shall not adopt or enforce any ordinance under this chapter to regulate, restrict, or prohibit the location of permanent buildings or temporary structures used for the sale of consumer fireworks pursuant to section 100.19, in any location zoned for commercial or industrial purposes.
Similarly, new paragraph f under Iowa Code section 414.1(1), provides:
A city shall not adopt or enforce any regulation or restriction under this chapter to regulate, restrict, or prohibit the location of permanent buildings or temporary structures used for the sale of consumer fireworks pursuant to section 100.19, in any location zoned for commercial or industrial purposes.
Under existing law, fireworks may be sold annually from permanent buildings between June 1 and July 8 and between December 10 and January 3, and they may be sold annually from temporary structures between June 13 and July 8. The new law does not change regulatory authorities’ ability to restrict consumers’ use of fireworks within city limits by ordinance or resolution.
Additional Changes Effective July 1, 2022
The new bill also makes two other notable changes to city zoning administration under Iowa Code section 414.23 that are effective July 1, 2022. First, the bill changes the manner in which planning and zoning commission and board of adjustment membership is comprised for cities exercising extraterritorial zoning jurisdiction under Iowa Code section 414.23. Board of supervisor representatives on the commission or board must reside in the area outside the city limits over which the zoning jurisdiction is extended. In addition, at least one additional member of the planning and zoning commission and board of adjustment must own land actively used for agricultural purposes, unless there is no eligible and willing appointee who would meet the requirement.
Second, the new bill allows a city to request, but not require, property owners outside city limits subject to city zoning regulations provide consent to annexation as a condition of approval of zoning permits, subdivision, variances, or rezoning applications.
The new law is effective immediately with respect to fireworks regulations. The remaining provisions of the bill are effective on July 1. This client alert includes a general overview of this bill. Governmental entities should work closely with their legal counsel to ensure their zoning regulations comply with the new law.
About Ahlers & Cooney's Client Alerts
Our Client Alerts are intended to provide occasional general comments on new developments in Federal and State law and regulations which we believe might be of interest to our clients. The Client Alerts should not be considered opinions of Ahlers & Cooney, P.C., and are not intended to provide legal advice as a substitute for seeking professional counsel. Readers should not under any circumstance act upon the information in this publication without seeking specific professional counsel. Ahlers & Cooney will be pleased to provide additional details regarding any article upon request. Additional copies of this Client Alert may be obtained by contacting any attorney in the Firm or by visiting the Firm's website at www.ahlerslaw.com. ©2021 Ahlers & Cooney, P.C. All Rights Reserved.
NOTICE TO THE PUBLIC
The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. This disclosure is required by rule of the Supreme Court of Iowa. Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice does not mean that a lawyer is a specialist or expert in a field of law, nor does it mean that such lawyer is necessarily any more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of the Supreme Court of Iowa.