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NE LB663

NE LB663
Require education for county attorneys, members of county planning commissions, and county board members and change provisions relating to conditional use or special exception zoning determinations and appeals


summary

Introduced
01/22/2025
In Committee
01/24/2025
Crossed Over
01/28/2026
Passed
02/20/2026
Dead

Introduced Session

109th Legislature

Bill Summary

A BILL FOR AN ACT relating to counties; to amend section 23-114.01, Reissue Revised Statutes of Nebraska; to require education for county attorneys, members of county planning commissions, and members of county boards as provided; to change provisions relating to conditional use and special exception zoning determinations and determination appeals; and to repeal the original section.

AI Summary

This bill mandates that county attorneys, members of county planning commissions, and county board members in Nebraska must complete two hours of education per term on topics relevant to their roles, specifically when dealing with zoning matters. It also modifies the procedures for conditional use or special exception zoning determinations and their appeals, which are permits granted for specific land uses that may require special conditions. The bill clarifies that decisions on these permits must be based solely on county zoning regulations, and applicants cannot be required to obtain other permits from federal, state, or local agencies as a condition for approval. Furthermore, it establishes a presumption that applicants will comply with all requirements, with the burden of proof to the contrary resting on the party challenging this presumption, and requires factual findings to support decisions on these permits. The bill also sets specific timeframes for processing applications and appeals, and clarifies the burden of proof for appealing a decision, requiring clear and convincing evidence that a decision was arbitrary, capricious, illegal, or did not adhere to zoning regulations. Finally, it repeals the original section of law that this bill amends.

Committee Categories

Military Affairs and Security

Sponsors (1)

Last Action

Presented to Governor on February 20, 2026 (on 02/20/2026)

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