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Land Use Planning, Zoning and Eminent Domain: Laws, Municipal Ordinances & Regulations

Laws

State laws governing land use planning, zoning, and eminent domain include clauses in the state constitutions as well as legislation, such as home rule acts and zoning enabling acts, that authorize local governments to regulate land usage. 

State Laws

To locate relevant provisions in state constitutions and codes, use the index to the state's code, searching for "home rule," "zoning and planning," and "eminent domain."

Some relevant Iowa provisions are:

Federal Laws

Congress may also enact legislation that regulates land use, such as the National Historic Preservation Act, Pub. L. 89-665, 80 Stat. 915 (1966) (codified as amended at 16 U.S.C. §§470-470x-6 (2006)).

To locate relevant provisions in federal constitution and code, use the index to the United States Code, searching for "Bureau of Land Managment," "zoning and planning," and "eminent domain."

Municipal Ordinances

Under the authority of state home rule and zoning enabling acts, local governments regulate land use through municipal ordinances.  To locate ordinances for a particular county, city, or town, check the municipality's website. 

For Iowa municipal codes, consult Iowa Local Government Resources.

Selected municipal codes are also available through the following resources:

Regulations

In addition to statutes and municipal ordinances, some federal and state administrative regulations may govern some aspects of land use and zoning.

The Code of Federal Regulations provides subject access to federal administrative regulations of a general and permanent nature. Sources include:

The Federal Register provides a chronological listing of proposed and final regulations, notices, and selected presidential documents.  Sources include:

State administrative codes provide subject access to state administrative regulations.

To locate relevant regulations, locate the state’s administrative code in print or on the internet and look for an index, a table of contents, a statutory authority table, and/or a search engine.