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LB 614

Provide for exemptions from regulatory authority of cities of the first and second class and villages for certain farm buildings

109th Legislature (2025-2026) Introduced by Bob Andersen

Cities and villages can exempt certain farm buildings within their extraterritorial zone from municipal rules if aligned with growth plans and farm thresholds.

Approved by Governor on May 21, 2025
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Bill Summary · LB 614

Summary — LB 614 (2025)

Status: Approved by Governor May 21, 2025.
Introduced: Jan 22, 2025 (Senator Andersen).
Final vote: Passed Final Reading 47-0-2 (May 15, 2025).
Effect: Amends and restates exemptions in sections 16-901 and 17-1001, Reissue Revised Statutes of Nebraska; repeals original sections.

Purpose

LB 614 gives cities of the first and second class and villages an explicit option to exempt certain farm buildings located within their extraterritorial zoning jurisdiction from application of municipal building, electrical, plumbing, zoning and related ordinances when those farm buildings are consistent with the municipality’s comprehensive development plan. The goal is to allow flexibility where urban boundaries or extraterritorial jurisdiction expand to include farms and farm buildings that are more appropriately regulated for agricultural, rather than urban, contexts.

Key provisions

  • Restates/updates extraterritorial zoning jurisdiction distances:
    • City of the first class: unincorporated area two miles beyond corporate limits (one mile for purposes of sections 70-1001 to 70-1020).
    • City of the second class or village: one mile beyond (one-half mile for purposes of sections 70-1001 to 70-1020).
  • Municipal authority retained to apply zoning, property-use, building, electrical, plumbing, and ordinances authorized by section 16-240 in extraterritorial areas — but language continues to prohibit extending ordinances so as to prohibit or interfere with existing farming, livestock operations, businesses, or industry.
  • New explicit exemption mechanism:
    • Any city of the first class, city of the second class, or village may, by action of its board of adjustment (pursuant to sections 19-907 to 19-915) and any applicable ordinance, exempt certain farm buildings from the listed municipal regulations within its extraterritorial zoning jurisdiction when those structures are consistent with the comprehensive development plan and anticipated long-range growth based on documented population/economic projections.
    • Definition: “Farm building” means a building used for agricultural purposes as defined in section 77-1359, located on a farmstead of 20 acres or more that produces $1,000 or more of farm products annually.
  • Notification requirement: municipalities must give the county board written notice at least 30 days before adopting or amending zoning ordinances affecting the extraterritorial jurisdiction; the county may submit comments within that period. Exceptions apply where the county population exceeds 100,000 or where there is a joint planning commission/department.

Who is affected

  • Municipalities: cities of the first and second class and villages — their planning and board of adjustment processes.
  • County governments: notice and comment role for changes affecting extraterritorial areas.
  • Farmers/landowners: farmsteads meeting the 20-acre / $1,000 threshold whose buildings lie within municipal extraterritorial jurisdiction.
  • Building/code enforcement entities: potential reduction in municipal code application to qualifying farm buildings.

Procedural / timeline notes

  • Advanced from Urban Affairs Committee (hearing Feb 25, 2025).
  • Enrollment & Review amendments (ER71) adopted May 9, 2025.
  • Placed on Final Reading May 13; President/Speaker signed May 15; presented to Governor May 15; approved by Governor May 21, 2025.
  • Implements immediately as statutory amendment upon approval (standard effective date rules apply unless otherwise specified).

Considerations

  • The exemption is discretionary (requires municipal action via board of adjustment and ordinance) and conditioned on compatibility with the comprehensive development plan and documented projections.
  • The law clarifies municipal flexibility but preserves notification to counties and limitations against interfering with existing agricultural operations.

Compiled from official sources — confirm details with the bill’s official record.

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