Supervisors repeal pipeline ordinance after Supreme Court declines review

SHELBY COUNTY — The Shelby County Board of Supervisors voted to repeal a zoning ordinance regulating hazardous liquid pipelines through strict zoning setbacks, following a final ruling from the 8th Circuit Court of Appeals that found the ordinance was preempted by federal law.
Ordinance 2022-4 was adopted in November 2022 and established specific setback and permitting requirements for hazardous liquid pipelines, aimed at protecting residents and local infrastructure.
Other Iowa counties in the path of Summit Carbon Solutions’ proposed pipeline project followed and passed similar ordinances.
Summit Carbon Solutions filed suit against both Shelby and Story counties, arguing the ordinances were preempted by federal pipeline safety standards. Both the U.S. District Court for the Southern District of Iowa and the 8th Circuit Court of Appeals ruled against the counties, finding that federal law, not local zoning, controls the siting of these pipelines.
In August, supervisors in Shelby and Story counties voted to pursue further legal action and sought review of the rulings by the U.S. Supreme Court. The supervisors said costs for the lawsuits were covered by the county’s insurer, ICAP, and by a fund the board created shortly after it was sued by Summit in November 2022, which used American Rescue Plan Act dollars to cover the costs.
The Supreme Court denied review in January 2026, allowing the previous Eighth Circuit Court of Appeals ruling to stand, a decision that favored the pipeline developer.
“The Eighth Circuit Court of Appeals upheld the U.S. District Court for the Southern District of Iowa’s ruling that Shelby County’s Hazardous Liquid Pipeline Ordinance was preempted by federal and/or state law. With the U.S. Supreme Court declining to hear the case, the county’s only options are to leave the ordinance on the books unenforced or to repeal it and eliminate the risk of inadvertent enforcement in the future,” Shelby County Zoning Administrator Tony Buman said.
“The Shelby County Zoning Commission reviewed the recommendation of the attorneys who have advised the county throughout the four-year process of adopting the ordinance,” Buman explained. “Following that review and a public hearing, the Zoning Commission recommended to the Board of Supervisors that the pipeline ordinance be repealed.”
During the public hearing held Tuesday, May 5, Shelby County landowners Jann Reinig and Sherri Webb thanked the board for standing up for property owners.
“I am proud of Shelby County,” Reinig said. “You did everything you could do.”
Following the public hearing, the supervisors unanimously voted to repeal Ordinance 2022-4 and to suspend the second and third readings of the ordinance amendment.
After the meeting, Webb again expressed her appreciation to the current and former Board of Supervisors. 
“It’s sad watching the ordinance being repealed, especially since the only intent was to protect the Shelby County citizens, livestock, wildlife, and economic development areas around towns,” she said. 
“Our Supervisors, past and present, have been incredibly vigilant and supporting, in spite of Summit’s lawsuit and the courts’ decisions. I have to recognize Steve Kenkel in his efforts and remember him saying that he didn’t think he would ever be sued for doing his job. The entire board was willing to take this to the Supreme  Court,” Webb said.  “Define the word brave:  Steve Kenkel, Darin Haake, Bryce Schaben, Charles Parkhurst, and Mike Kolbe. Thank you gentlemen. You are truly brave and men of your word.”
In other business, County Engineer Chris Fredricksen provided a secondary roads report, which included the approval of right-of-way permits for FMCTC and West Central Iowa Rural Water Association. Fredricksen also requested approval for a revision of the DOT budget due to increased costs of supplies  for new roofs and repairs on county buildings following hail damage. He explained the $40,000 increase will be covered by insurance; however, the updated amount needed to be included in the budget.
He also presented the DOT County Five-Year Program, which includes planned bridge and culvert work on Ginkgo Road, including replacing posted slab bridges with pipe culverts and a dirt-road posted bridge with a tank shell culvert, as well as a bridge replacement on 1650th, targeted for fall. The plan also includes a joint bridge project with Audubon County on Zinnia Road east of Elkhorn. Fredricksen stated the construction spending estimate for fiscal year 2027 is $535,000.
Fredricksen reminded residents that dust control season is approaching and asked those involved to place and keep flags on the shoulders to mark dust control areas.
Shelby County Jail Administrator Kyle Lindberg reported jail activity is high, with 14 intakes over the weekend and the facility tracking toward 500 intakes this year. Samuels Group is working on the assessment study and has completed a site visit, which included a walkthrough of the EMS building, sheriff’s office and jail, and EMA facilities. Data from the past 10 years is being reviewed, and the team is expected to return in two to three weeks with initial next steps.
He also reported the Shelby County Jail is currently recruiting one full-time and one part-time position.
National Correctional Officers Week is recognized May 3 to May 9, and Lindberg expressed appreciation for corrections staff.
The supervisors approved a Buildings and Grounds use application for the City of Harlan for RAGBRAI and also approved the annual fiscal sponsorship of the Shelby County Fair’s lease for equipment.
On behalf of the Iowa State Bar Association, Shelby County Attorney Marcus Gross presented a 250th anniversary commemorative flag to Shelby County as part of the National Law Day of Action, supporting the Constitution and rule of law and in honor of America’s 250th anniversary on July 4, 2026.