LB663: Official Fears Zoning Bill Would Take Away Local Control

By Gordon Hopkins Local officials have expressed concerns over a number of bills under consideration in the legislature this session which may erode local control. One of those bills is LB663, which would change provisions relating to Nebraska adjusted basis. According to the bills’ Statement of Intent, “LB663 proposes to change the method for calculating Nebraska adjusted basis for ‘like-kind exchanges’ of similar depreciable personal property. Currently, the net book value (amount after depreciation) of the property is used to determine Nebraska adjusted basis. This bill would repeal using net book value and allow using the remaining federal tax basis as the Nebraska adjusted basis.” The bill is supported by the Nebraska Farm Bureau, which had said it “creates a more consistent and transparent process for county review of livestock siting permits.”The bill is intended to:• Set clear timelines for decisions by planning commissions and county boards• Require applications to be judged using objective standards and factual evidence• Presume compliance with existing regulations unless proven otherwise• Require relevant training for county officials involved in permit decisionsThe Bureau disputes the suggestion that the bill take away local control, “LB663 was introduced to improve how counties handle conditional use and special exception permits for livestock facilities. The bill focuses on process, not removing authority. Counties still control zoning, hold public hearings, and can enforce violations.” However, not all county officials see it that way. Gage County Supervisor Emily Haxby responded to the Bureau’s support on social media, “When you say that LB663 makes the livestock siting process clearer, fairer, and more consistent, that characterization overlooks how zoning and public hearings function in practice. Livestock siting decisions are complex by nature, and no set of regulations can realistically account for every possible scenario. That is precisely why public hearings exist which is to allow for fact-based discussion, local input, and the application of regulations with judgment rather than rigid automation.” “The “shot clock” provision does not simply prevent unnecessary delay. It creates pressure to act before questions are fully answered or concerns are properly addressed, especially when additional information may be needed. That lack of clarity creates risk for counties and applicants alike,” wrote Haxby. “The claim that decisions will be based on “facts and existing regulations” also misses the reality that regulations are intended to be guidelines, not exhaustive checklists. When discretion and public dialogue are constrained by artificial deadlines, the likely outcome is not efficiency, but counties adopting more restrictive, overly prescriptive regulations to protect themselves from automatic approvals. That result undermines flexibility, innovation, and fairness…particularly for producers.”According to Haxby, the proposal could lead to local officials rushing into decisions without sufficient thought, “Although the bill states that local control remains intact, meaningful local control requires time for deliberation and public participation. Maintaining open meetings and hearings on paper does not preserve local decision-making if the process is effectively rushed by statutory deadlines that do not align with how county zoning actually works.” “Livestock production is undeniably vital to Nebraska’s economy, and counties understand that. But responsible growth depends on a process that allows communities time to understand proposals, ask questions, and engage meaningfully. LB663 shifts that balance away from deliberation and toward expediency, which increases conflict rather than reducing it,” concluded Haxby. “For these reasons, I believe the bill is bad policy. It does not improve clarity or fairness in practice, and it risks weakening the very local processes that have allowed agriculture and rural communities to coexist successfully for decades.” Wednesday morning, January 28, 2026, the bill passed in its first round and moved to a second reading.

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