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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1094
Introduced by Ballard, 21.
Read first time January 15, 2026
Committee: Revenue
A BILL FOR AN ACT relating to government; to adopt the By-Right Housing1
Development Act and the Permitting Approval Timeliness Act.2
Be it enacted by the people of the State of Nebraska,3
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Section 1. Sections 1 to 6 of this act shall be known and may be1
cited as the By-Right Housing Development Act. 2
Sec. 2. For purposes of the By-Right Housing Development Act:3
(1) Accessory dwelling unit means a secondary housing unit that is4
subordinate to the primary dwelling unit on the same lot and may include5
a separate kitchen, bathroom, and entrance; 6
(2) Multifamily housing unit means a residential building containing7
two or more housing units, such as apartment buildings, condominiums, or8
townhouses; 9
(3) Permitting authority means the governmental entity responsible10
for issuing permits for housing developments within such governmental11
entity's jurisdiction; and 12
(4) Single-family home means a dwelling, either detached or semi-13
detached, that is arranged, intended, or designed to be occupied by a14
single family. 15
Sec. 3. All proposed housing developments, including single-family16
homes, accessory dwelling units, and multifamily housing units, that meet17
the criteria outlined in applicable zoning codes and land use regulations18
shall be approved by right, without the need for discretionary review or19
approval by any planning commission, zoning board, or other regulatory20
authority. 21
Sec. 4. (1) Regulatory authorities shall monitor housing22
developments that were approved by right pursuant to section 3 of this23
act to ensure compliance with applicable regulations and standards.24
(2) A housing development's noncompliance with applicable25
regulations and standards may result in enforcement actions, such as26
fines, penalties, or project modifications to bring the development into27
compliance. 28
Sec. 5. Nothing in the By-Right Housing Development Act shall be29
construed to invalidate or limit the legality, enforceability, or effect30
of any restrictive covenants or any regulations of a condominium31
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association or homeowners' association. Courts shall recognize and1
enforce such covenants and regulations in accordance with applicable2
laws. 3
Sec. 6. (1) If a permitting authority denies a permit for a housing4
development, the applicant whose permit was denied may appeal the5
decision to the district court. On appeal, the court shall review the6
decision of the permitting authority de novo. The inquiry in such a case7
shall extend to the questions of (a) whether the permitting authority8
proceeded without jurisdiction or in excess of its jurisdiction, (b)9
whether there was a fair process, and (c) whether there was any abuse of10
discretion. 11
(2) Abuse of discretion is established if the court determines that12
the permitting authority's findings are not supported by clear and13
convincing evidence in light of the whole record. 14
(3) If the court overturns the denial, the court may remand the case15
to the permitting authority or may direct the permitting authority to16
grant the permit. 17
(4) The court retains authority to grant equitable relief where18
appropriate and shall award the successful applicant attorney's fees and19
expenses. In no case shall attorney's fees or expenses be awarded to the20
permitting authority or any third party challenging a permit.21
Sec. 7. Sections 7 to 11 of this act shall be known and may be22
cited as the Permitting Approval Timeliness Act. 23
Sec. 8. For purposes of the Permitting Approval Timeliness Act:24
(1) Applicant means any individual, organization, or entity25
submitting a permit application for review and approval;26
(2) Permit application means an application for a permit that is27
required to develop real property or to make improvements to real28
property; and 29
(3) Permitting authority means the state or local governmental30
entity responsible for reviewing permit applications and issuing permits31
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within such governmental entity's jurisdiction. 1
Sec. 9. (1) A permitting authority shall process permit2
applications in a timely manner and shall issue a decision on a complete3
permit application within seventy-five days after its submission.4
(2) If a permitting authority fails to issue a decision within5
seventy-five days after submission of a complete permit application, the6
permit shall be automatically granted to the applicant.7
Sec. 10. (1) If a permitting authority denies a permit application8
or approves a permit application with conditions, the permitting9
authority shall provide the applicant with specific reasons for the10
denial or conditional approval. The permitting authority need not give a11
reason for its approval of a permit application. 12
(2) The reasons for denial or conditional approval shall be based on13
applicable laws and regulations clearly established for the issuance of14
the relevant permit. 15
Sec. 11. (1) An applicant may appeal a decision of the permitting16
authority to the district court. Other parties shall not have standing to17
appeal the decision. On appeal, the court shall review the decision of18
the permitting authority de novo. The inquiry in such a case shall extend19
to the questions of (a) whether the permitting authority proceeded20
without jurisdiction or in excess of its jurisdiction, (b) whether there21
was a fair process, and (c) whether there was any abuse of discretion.22
(2) Abuse of discretion is established if the court determines that23
the permitting authority's findings are not supported by clear and24
convincing evidence in light of the whole record. 25
(3) If the court overturns the denial or rejects the conditions of26
approval, the court shall direct the permitting authority to grant the27
permit. 28
(4) The court retains authority to grant equitable relief where29
appropriate and shall award the successful applicant attorney's fees and30
expenses. In no case shall attorney's fees or expenses be awarded to the31
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permitting authority. 1
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