The fireworks law may seem like a small matter, but it serves as a powerful example of how preemption works—and why it’s important for local governments to stay informed and responsive to changes at the state level.
Iowa cities and counties enjoy a great deal of autonomy in managing their local affairs thanks to what’s known as “home rule.” Iowa’s constitution grants home rule authority to cities and counties, which means they have broad power to govern themselves. However, this authority is not absolute. One key limitation is that local governments cannot enact ordinances that conflict with state law.
Simply put, preemption occurs when state law overrides local law. If the state allows an activity, local governments cannot ban it. Likewise, if the state prohibits an activity, local governments cannot allow it. This ensures consistency across Iowa and prevents a patchwork of conflicting local laws that could confuse residents or lead to uneven enforcement.
Iowa’s new fireworks legislation provides a timely example of this principle. Senate File 303 prohibits local governments from banning or regulating the use of fireworks on July 3, July 4, and December 31.
In response to SF 303, cities across Iowa—Altoona, Cedar Rapids, Des Moines, Dubuque, Iowa City, Newton, Sioux City, Spencer, and Urbandale—have had to revise their fireworks ordinances to comply with the new state law. Some cities had previously imposed outright bans on fireworks, while others allowed fireworks but with stricter time limits. As of now, all Iowans are permitted to use fireworks on private property from 9:00 a.m. to 10:00 p.m. on July 3, and from 9:00 a.m. to 11:00 p.m. on July 4. Fireworks remain prohibited on public property unless otherwise specified.
While many cities expressed frustration over being forced to make the change, there are both legal and financial risks for local governments that ignore state law. For example, in 2022, Monroe County agreed to a $100,000 settlement after being sued for violating Iowa’s firearm preemption law. It is imperative that local governments comply with state law to avoid costly lawsuits and reputational damage.
Hopefully, this Independence Day will go smoothly, with all local governments in compliance and Iowans safely celebrating under a unified set of rules. The fireworks law may seem like a small matter, but it serves as a powerful example of how preemption works—and why it’s important for local governments to stay informed and responsive to changes at the state level.
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