Enabling statute

Nebraska

Cities and Villages — Zoning Regulations (Chapter 19, Article 9); County Planning and Zoning (Chapter 23)

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Summary

Nebraska follows the Standard State Zoning Enabling Act lineage, delegating zoning power from the state to local governments rather than zoning at the state level. Municipal zoning power for cities of the first class, cities of the second class, and villages is granted by Neb. Rev. Stat. §§ 19-901 to 19-915 (Chapter 19, Article 9), with § 19-901 as the core grant of power and purposes; the power may be exercised only after the municipality appoints a planning commission and adopts a comprehensive development plan. County zoning power is granted separately by Neb. Rev. Stat. §§ 23-114 to 23-114.05, with § 23-114 as the operative grant authorizing the county board to adopt a comprehensive plan and a zoning resolution having the force and effect of law; county authority does not reach into incorporated municipalities. Nebraska's two largest cities classes — metropolitan-class (Omaha) and primary-class (Lincoln) — operate under separate home-rule charter chapters (Chapters 14 and 15) and constitutional home-rule authority, so the Chapter 19 act applies principally to first/second-class cities and villages.

The delegation

MUNICIPAL ENABLING GRANT — Neb. Rev. Stat. § 19-901 ("Zoning regulations; power to adopt; when; comprehensive development plan; planning commission; reports and hearings; purpose; validity of plan; not applicable; when."): (1) "For the purpose of promoting health, safety, morals, or the general welfare of the community, the city council of a city of the first class or city of the second class or the village board of trustees of a village may adopt zoning regulations which regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of lots that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes. For a city of the first class as described in subdivision (3) of section 19-5503, such regulations shall comply with the Municipal Density and Missing Middle Housing Act." [Subsection (2) conditions the exercise of this power on the municipality first appointing a planning commission, receiving and adopting a recommended comprehensive development plan, and obtaining the planning commission's specific recommendation on zoning regulations, with preliminary reports and public hearings required before final recommendations are submitted to the city council or village board.] COUNTY ENABLING GRANT — Neb. Rev. Stat. § 23-114 ("Zoning regulations; when authorized; powers; manufactured homes; limitation of jurisdiction."): "The county board shall have power: (a) To create a planning commission with the powers and duties set forth in [enumerated sections]; (b) to make, adopt, amend, extend, and implement a county comprehensive development plan; (c) to adopt a zoning resolution, which shall have the force and effect of law ...." "The zoning resolution may regulate and restrict: (a) The location, height, bulk, number of stories, and size of buildings and other structures, including tents, cabins, house trailers, and automobile trailers ...." [The statute further provides that county zoning powers do not extend into incorporated cities or villages, and that municipal zoning ordinances supersede county regulations within municipal jurisdiction; manufactured homes meeting HUD/modular standards may not be excluded solely by construction type.]

Verification

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Verified against the official Nebraska Legislature site and Justia (2024/2025 codes). (a) Citations are real and current: - Neb. Rev. Stat. § 19-901 (Chapter 19, Cities and Villages; Laws Applicable to More Than One and Less Than All Classes) is the operative municipal zoning grant: "the city council of a city of the first class or city of the second class or the village board of trustees of a village may adopt zoning regulations..." Powers may be exercised only after the municipality establishes a planning commission and receives a recommended comprehensive development plan (§ 19-903). The range §§ 19-901 to 19-915 is the correct article span; confirmed 19-902 (uniformity), 19-913 (enforcement/penalties), and references to 19-907 to 19-915 (board of adjustment) exist. Current (Justia 2024/2025). - Neb. Rev. Stat. § 23-114 (Chapter 23, County Government and Officers) is the operative county zoning grant, empowering county boards to create a planning commission, adopt/implement a county comprehensive development plan, and "adopt a zoning resolution, which shall have the force and effect of law." Most recent amendment Laws 2012, LB709; operative on the official legislature site, not repealed. Range §§ 23-114 to 23-114.05 confirmed (23-114.01, 23-114.03 exist). (b) These are genuinely the zoning enabling authorities (Standard State Zoning Enabling Act lineage), not unrelated/repealed provisions. (c) Authority model accurate: county_and_municipal with home rule for the two largest classes. Confirmed Omaha = metropolitan class (Chapter 14, home-rule charter since 1922 under Neb. Const. Art. XI-5) and Lincoln = primary class (Chapter 15), both operating under separate home-rule charter chapters with their own planning/zoning grants, so Chapter 19 applies principally to first/second-class cities and villages. County authority does not reach into incorporated municipalities (confirmed in 23-114 text). No corrections needed. Note the comprehensive-plan-before-zoning prerequisite is a Nebraska-specific feature and is correctly stated.