Nebraska2026Did Not Pass
LB1041
Rules for Building Small Homes Next to Single-Family Houses
Last scannedAug 25, 2026, 3:18 AM
In one sentence
This bill requires cities, villages, and counties in Nebraska to allow at least one small extra home on the same lot as a single-family house while limiting what rules local governments can add.
What it does
- Requires cities, villages, and counties to allow at least one accessory dwelling unit (ADU) on lots with single-family homes.
- Sets a size limit for ADUs of either 1,000 square feet or 50% of the main house size, whichever is larger.
- Prohibits local governments from requiring owners to live in the home or restricting who can rent the unit based on family ties, income, or age.
- Stops cities and counties from demanding extra parking spaces, special fees, or different building designs for ADUs compared to single-family homes.
- Mandates that permit applications be approved without a hearing if they meet state rules within the same time frame as regular home permits.
Who it affects
- Cities and villages in Nebraska
- Counties in unincorporated areas of Nebraska
- Property owners who want to build or rent out an accessory dwelling unit
Limits and unknowns
- The bill does not apply if historic preservation rules, deed restrictions, or homeowners' association rules already limit construction.
- Manufactured homes used as ADUs must be placed on permanent foundations and taxed like real property.
- Local governments can still require separate utility lines only if a shared metering system cannot provide full access.
Plain language
Terms to know
- Accessory Dwelling Unit (ADU)
- An extra home on the same lot as a single-family house that can be attached to it, detached from it, or part of another structure like a garage.
- Single-Family Residence
- A building used as one separate home for people who live together in a household.
Official record
Sources
Official summary
Provide requirements for cities, villages, and counties relating to accessory dwelling units
Official activity
Bill history
- Indefinitely postponed