Community Consideration: Non-Disclosure Agreements (NDAs)
Confidentiality may protect true trade secrets — but lowa open-records law determines what can legally remain confidential.
A practical confidentiality protocol
A developer's preference for confidentiality is not the same thing as a legal exemption from disclosure.
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2 Require written justification
Chapter 22 controls
4 Keep public summaries public
The NDA can set notice/process, but confidentiality exists only if Iowa law allows it.
Communities can ask why confidentiality is needed and limit it to specific information. Applicant identifies the exact information and provides the lowa Code §22.7 basis at submittal.
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The community should know the assumptions behind the public decision: timeline, scale, water, power, roads, taxes, and enforceable obligations.
Do not assume an NDA is required
Non-confidential versions should explain the key facts needed for zoning and community decisions.
Linn County ordinance model
2 Applicant provides a written legal basis under Iowa Code §22.7.
1 Applicant marks specific information claimed as confidential at submittal.
County treats records under Chapter 22 – and may only keep records confidential when Chapter 22 allows it.
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Takeaway: NDAs can organize confidentiality; they cannot replace public-records law or hide the basis for a public decision.
LI NN COUNTY