Bill Sets Firm Timelines For County Zoning Process

By Gordon HopkinsLast week, the Nebraska Legislature passed LB (Legislative Bill) 663, which sets firm timelines for county zoning decisions and requires education for officials involved in the zoning process. Governor Jim Pillen signed the bill on Tuesday, February 24, 2026, at the Nebraska Dairy Convention and Trade Show in West Point.The bill was introduced by Senator and Cherry County rancher Tanya Storer. “This is a huge win for our dairy industry and all livestock development in Nebraska,” said Governor Pillen at the signing. “We are becoming a national leader in dairy growth. If we want to capture more of that economic impact here at home – creating careers, supporting farm families, and strengthening our rural communities. We must make it easier for producers to expand and invest.” The bill gives planning commissions 30 days to determine if an application for a conditional use permit or special exception is complete, then 90 days to approve or deny the completed application. The county board would have 30 days to determine if the application is complete, and another 90 days to approve or deny the permit.An amendment was added to the final bill to provide county officials with a way to manage application issues. Should information come to light during the 90-day consideration period, which might materially affect the application, officials can require that a new application be submitted. That restarts the clock on the 90-day window that officials have to approve or deny it.The bill restricts county boards from requiring additional permits from federal, state, or local agencies as a condition for approving a permit and mandates that granting a conditional use permit must be based solely on existing county zoning regulations. The board’s decision to approve the application must be based solely upon compliance with county zoning regulations.LB 663 also requires county attorneys, planning commission members and county board members to attend two hours of education per term on topics specific to their roles in the zoning and permitting processes.The Nebraska Association of County Officials (NACO) issued a statement in response to the bill’s passage, “The bill will take effect three calendar months after the session adjourns, which is scheduled for April 17. A committee of county officials will be appointed to help NACO develop educational materials to comply with the new requirements and a best practices toolkit with considerations for counties making planning and zoning decisions. Information about how to apply to serve on the committee will be available soon.”Jefferson County Commissioners, who were already working on updates to zoning regulations, will now have to take the new, restrictive time frames into account. At a meeting Tuesday morning, the same day Governor Pillen signed the bill, Commissioner Danielle Schwab said, “Because (LB) 663, went through, I suggest we look at our CUPs (Conditional Use Permits), you know, make sure they’re strong on the front end, because we don’t have as much time now.” Terry Blas of the Jefferson County Highway Department recommended revising the road-haul agreements, which is an agreement with a developer to ensure roads used during any construction of any facility are returned to the same condition or better by the developer.Blas said, “We need to look at our road-haul agreements.”Among the supporters of the bill was the Nebraska Farm Bureau has been a firm supporter of the bill.“Nebraska’s farm and ranch families are committed to this state and to building a strong future for the next generation,” said Bureau President Mark McHargue at the signing. “LB 663 brings much-needed clarity, consistency, and accountability to a zoning process that directly impacts farmers, ranchers, and rural communities. When producers are making major long-term investments, they need clear expectations and reasonable timelines.” However, some county officials worry that it takes control away from the counties. One vocal opponent of the bill was Gage County Supervisor Emily Haxby, who responded to the Nebraska Farm Bureau’s support, “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.”While the focus at the signing was on livestock operations and other agricultural uses in counties with zoning regulations, the bill covers other Conditional Use Permits as well, such as those for wind and solar energy projects.

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