S.F. 498 Section 1. NEW SECTION . 335.29 Landscape regulation in 1 commercial zones. 2 1. A county shall not adopt or enforce an ordinance, 3 motion, resolution, or amendment that establishes a standard 4 for landscape design including the products, materials, 5 or aesthetic methods that must be used in areas zoned for 6 commercial or multifamily residential use. 7 2. Notwithstanding subsection 1, a county may adopt or 8 enforce an ordinance, motion, resolution, or amendment that 9 does any of the following: 10 a. Creates a buffer between an area zoned for commercial or 11 multifamily residential use and an area zoned for any different 12 use. 13 b. Regulates landscaping in commercial or multifamily 14 residential areas to conform with chapter 317 or as otherwise 15 required by law. 16 c. Regulates landscape design in ditches, easements, and 17 other areas of a commercial or multifamily residential district 18 that may obstruct a motorist’s view or create any other public 19 safety issue. 20 d. Is in accordance with other provisions of law governing 21 topsoil conservation and storm water runoff. 22 3. This section does not prohibit or diminish the rights 23 of private parties to enact regulations regarding landscape 24 design standards as created by valid private covenants or other 25 contractual agreements among property owners of commercial 26 buildings including but not limited to restrictive covenants, 27 or as otherwise permitted under Iowa law. 28 4. For purposes of this section, “landscape design” means 29 the arranging of land and the elements thereon for public and 30 private use and enjoyment, including the alignment of roadways 31 and the location of buildings, service areas, parking areas, 32 walkways, steps, ramps, pools, and other structures. “Landscape 33 design” includes the grading of the land, surface and subsoil 34 drainage, erosion control, planting, reforestation, and the 35 -1- LSB 2246SV (2) 91 ll/js 1/ 4

S.F. 498 preservation of the natural landscape and aesthetic value in 1 accordance with accepted professional standards of public 2 health, welfare, and safety. “Landscape design” shall not 3 include the design of structures or facilities with separate 4 and self-contained purposes for habitation or industry, or the 5 design of public streets and highways, utilities, storm and 6 sanitary sewers, or sewage treatment facilities ordinarily 7 included in the practice of engineering or architecture. 8 Additionally, “landscape design” shall not include the making 9 of land surveys or final land plats for official approval or 10 recording. 11 Sec. 2. NEW SECTION . 364.10 Landscape regulation in 12 commercial zones. 13 1. A city shall not adopt or enforce an ordinance, 14 motion, resolution, or amendment that establishes a standard 15 for landscape design including the products, materials, 16 or aesthetic methods that must be used in areas zoned for 17 commercial or multifamily residential use. 18 2. Notwithstanding subsection 1, a city may adopt or enforce 19 an ordinance, motion, resolution, or amendment that does any 20 of the following: 21 a. Creates a buffer between an area zoned for commercial or 22 multifamily residential use and an area zoned for any different 23 use. 24 b. Regulates landscaping in commercial or multifamily 25 residential areas to conform with chapter 317 or as otherwise 26 required by law. 27 c. Regulates landscape design in ditches, easements, and 28 other areas of a commercial or multifamily residential district 29 that may obstruct a motorist’s view or create any other public 30 safety issue. 31 d. Is in accordance with other provisions of law governing 32 topsoil conservation and storm water runoff. 33 3. This section does not prohibit or diminish the rights 34 of private parties to enact regulations regarding landscape 35 -2- LSB 2246SV (2) 91 ll/js 2/ 4

S.F. 498 design standards as created by valid private covenants or other 1 contractual agreements among property owners of commercial 2 buildings including but not limited to restrictive covenants, 3 or as otherwise permitted under Iowa law. 4 4. For purposes of this section, “landscape design” means 5 the arranging of land and the elements thereon for public and 6 private use and enjoyment, including the alignment of roadways 7 and the location of buildings, service areas, parking areas, 8 walkways, steps, ramps, pools, and other structures. “Landscape 9 design” includes the grading of the land, surface and subsoil 10 drainage, erosion control, planting, reforestation, and the 11 preservation of the natural landscape and aesthetic value in 12 accordance with accepted professional standards of public 13 health, welfare, and safety. “Landscape design” shall not 14 include the design of structures or facilities with separate 15 and self-contained purposes for habitation or industry, or the 16 design of public streets and highways, utilities, storm and 17 sanitary sewers, or sewage treatment facilities ordinarily 18 included in the practice of engineering or architecture. 19 Additionally, “landscape design” shall not include the making 20 of land surveys or final land plats for official approval or 21 recording. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill prohibits a county or city from adopting or 26 enforcing an ordinance, motion, resolution, or amendment 27 to establish a standard for landscape design including the 28 products, materials, or aesthetic methods that must be used 29 in areas zoned for commercial or multifamily residential use. 30 A county or city may adopt or enforce an ordinance, motion, 31 resolution, or amendment that does any of the following: 32 creates a buffer between an area zoned for commercial or 33 multifamily residential use and an area zoned for any different 34 use; regulates landscaping in commercial or multifamily 35 -3- LSB 2246SV (2) 91 ll/js 3/ 4

S.F. 498 residential areas to conform with Code chapter 317 or as 1 otherwise required by law; regulates landscape design in 2 ditches, easements, and other areas of the commercial or 3 multifamily residential property that may obstruct a motorist’s 4 view or create any other public safety issue; is in accordance 5 with other provisions of the law governing topsoil conservation 6 and storm water runoff. The bill does not prohibit or diminish 7 the rights of private parties to enact regulations regarding 8 landscape design standards as created by valid private 9 covenants or other contractual agreements among property 10 owners of commercial buildings including but not limited to 11 restrictive covenants, or as otherwise permitted under Iowa 12 law. 13 The bill defines “landscape design” to mean the arranging 14 of land and the elements thereon for public and private use 15 and enjoyment, including the alignment of roadways and the 16 location of buildings, service areas, parking areas, walkways, 17 steps, ramps, pools, and other structures. “Landscape design” 18 includes the grading of the land, surface and subsoil drainage, 19 erosion control, planting, reforestation, and the preservation 20 of the natural landscape and aesthetic value in accordance with 21 accepted professional standards of public health, welfare, 22 and safety. “Landscape design” does not include the design 23 of structures or facilities with separate and self-contained 24 purposes for habitation or industry, or the design of public 25 streets and highways, utilities, storm and sanitary sewers or 26 sewage treatment facilities ordinarily included in the practice 27 of engineering or architecture. Additionally, “landscape 28 design” does not include the making of land surveys or final 29 land plats for official approval or recording. 30 -4- LSB 2246SV (2) 91 ll/js 4/ 4