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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 951
Introduced by Ballard, 21.
Read first time January 09, 2026
Committee: Government, Military and Veterans Affairs
A BILL FOR AN ACT relating to extraterritorial zoning jurisdiction; to1
amend sections 14-201.03, 14-419, and 15-901, Reissue Revised2
Statutes of Nebraska, section 32-553, Revised Statutes Cumulative3
Supplement, 2024, and sections 16-901 and 17-1001, Revised Statutes4
Supplement, 2025; to provide for inclusion of the extraterritorial5
zoning jurisdiction in municipality governing board districts as6
provided; to include electors residing in the extraterritorial7
zoning jurisdiction as electors of a municipality as provided; and8
to repeal the original sections. 9
Be it enacted by the people of the State of Nebraska,10
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Section 1. Section 14-201.03, Reissue Revised Statutes of Nebraska,1
is amended to read: 2
14-201.03 (1) The election commissioner in any county in which is3
situated a city of the metropolitan class shall divide the city into4
seven city council districts of compact and contiguous territory. Such5
districts shall be numbered consecutively from one to seven. One city6
council member shall be elected from each district. The city council7
shall be responsible for redrawing the city council district boundaries8
pursuant to section 32-553. 9
(2) Beginning when the city council of a city of the metropolitan10
class redraws the city council districts pursuant to subsection (3) of11
section 35-553, the seven city council districts of such city shall12
include the extraterritorial zoning jurisdiction of the city.13
Sec. 2. Section 14-419, Reissue Revised Statutes of Nebraska, is14
amended to read: 15
14-419 (1) The extraterritorial zoning jurisdiction of a city of the16
metropolitan class shall consist of the unincorporated area three miles17
beyond and adjacent to its corporate boundaries. 18
(2) The city council, in cities of the metropolitan class, shall19
have the power by ordinance to regulate, within the corporate limits of20
the city or within the extraterritorial zoning jurisdiction of the city,21
except as to construction on farms for farm purposes, (a) the minimum22
standards of construction of buildings, dwellings, and other structures,23
in order to provide safe and sound condition of such buildings,24
dwellings, and other structures for the preservation of health, safety,25
security, and general welfare, and as to electric wiring, heating,26
plumbing, pipefitting, sewer connections, ventilation, size of habitable27
rooms, and the method of constructing buildings, and to provide for28
inspection of such buildings, dwellings, and other structures and29
building permits, (b) the removal and tearing down of buildings,30
dwellings, and other structures in such areas which constitute nuisances31
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because of the dilapidated, unsafe, or rundown condition or conditions,1
and (c) except as to the United States of America, the State of Nebraska,2
any county of the state, or any other city or village in the state, the3
nature, kind, and manner of constructing streets, alleys, sidewalks,4
curbing or abridging curbs, driveway approaches constructed on public5
rights-of-way, and sewers. 6
(3) A city of the metropolitan class shall have the authority to7
regulate land use within the extraterritorial zoning jurisdiction of such8
city as may be provided by law in addition to those powers provided in9
this section. 10
(4) Any building or construction code implemented under this section11
shall be adopted and enforced as provided in section 71-6406.12
(5) Electors residing in the extraterritorial zoning jurisdiction of13
a city of the metropolitan class shall be considered electors of such14
city. 15
Sec. 3. Section 15-901, Reissue Revised Statutes of Nebraska, is16
amended to read: 17
15-901 (1) Except as provided in section 13-327, the18
extraterritorial zoning jurisdiction of a city of the primary class shall19
consist of the unincorporated area three miles beyond and adjacent to its20
corporate boundaries. 21
(2) No owner of real estate located within the corporate limits of22
any city of the primary class or within the extraterritorial zoning23
jurisdiction of any city of the primary class, when such real estate is24
located in the same county as the city and outside of any incorporated25
city or village, shall be permitted to subdivide, plat, or lay out the26
real estate in building lots and streets, or other portions of the real27
estate intended to be dedicated for public use or for the use of the28
purchasers or owners of lots fronting thereon or adjacent thereto,29
without first having obtained approval by the city planning commission30
and, when applicable, having complied with sections 39-1311 to31
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39-1311.05. No plat or subdivision of such real estate shall be recorded1
in the office of the register of deeds or have any force or effect unless2
such plat or subdivision is approved by the city planning commission. A3
city of the primary class shall have the authority within its corporate4
limits and extraterritorial zoning jurisdiction to regulate the5
subdivision of land for the purpose, whether immediate or future, of6
transferring ownership or building development, except that the city7
shall have no power to regulate subdivision in those instances where the8
smallest parcel created is more than ten acres in area. A city of the9
primary class shall have the authority within its corporate limits and10
extraterritorial zoning jurisdiction to prescribe standards for laying11
out subdivisions in harmony with the comprehensive plan; to require the12
installation of improvements by the owner, by the creation of public13
improvement districts, or by requiring a good and sufficient bond14
guaranteeing installation of such improvements; and to require the15
dedication of land for public purposes. 16
(3) For purposes of this section, subdivision shall mean the17
division of a lot, tract, or parcel of land into two or more lots, sites,18
or other divisions of land for the purpose, whether immediate or future,19
of ownership or building development, except that the division of land20
shall not be considered to be subdivision when the smallest parcel21
created is more than ten acres in area. 22
(4) Subdivision plats in a city of the primary class shall be23
approved by the city planning commission on recommendation by the city24
planning director and public works and utilities department. The city25
planning commission may withhold approval of a plat until the public26
works and utilities department has certified that the improvements27
required by the regulations have been satisfactorily installed, until a28
sufficient bond guaranteeing installation of the improvements has been29
posted, or until public improvement districts are created. The city30
council may provide procedures in land subdivision regulations for appeal31
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by any person aggrieved by any action of the city planning commission or1
city planning director on any plat. 2
(5) Electors residing in the extraterritorial zoning jurisdiction of3
a city of the primary class shall be considered electors of such city.4
Sec. 4. Section 16-901, Revised Statutes Supplement, 2025, is5
amended to read: 6
16-901 (1) Except as provided in section 13-327 and subsection (2)7
of this section, the extraterritorial zoning jurisdiction of a city of8
the first class shall consist of the unincorporated area two miles beyond9
and adjacent to its corporate boundaries. 10
(2) For purposes of sections 70-1001 to 70-1020, the11
extraterritorial zoning jurisdiction of a city of the first class shall12
consist of the unincorporated area one mile beyond and adjacent to its13
corporate boundaries. 14
(3) Any city of the first class may apply by ordinance any existing15
or future zoning regulations, property use regulations, building16
ordinances, electrical ordinances, plumbing ordinances, and ordinances17
authorized by section 16-240 within its extraterritorial zoning18
jurisdiction with the same force and effect as if such area were within19
the corporate limits of the city, except that no such ordinance shall be20
extended or applied so as to prohibit, prevent, or interfere with the21
conduct of existing farming, livestock operations, businesses, or22
industry. The fact that the extraterritorial zoning jurisdiction is23
located in a different county or counties than some or all portions of24
the municipality shall not be construed as affecting the powers of the25
city to apply such ordinances. 26
(4)(a) Any city of the first class may exempt from application of27
its zoning regulations, property use regulations, building ordinances,28
electrical ordinances, plumbing ordinances, and ordinances authorized by29
section 16-240 within its extraterritorial zoning jurisdiction, by action30
of the board of adjustment pursuant to sections 19-907 to 19-915 and any31
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applicable ordinance, certain farm buildings when such structures are1
consistent with the comprehensive development plan, including anticipated2
long-range future growth based upon documented population and economic3
projections, as required by sections 19-907 to 19-915.4
(b) For purposes of this subsection, farm building means a building5
utilized for agricultural purposes as defined in section 77-1359 on a6
farmstead of twenty acres or more which produces one thousand dollars or7
more of farm products each year. 8
(5)(a) A city of the first class shall provide written notice to the9
county board of the county in which the city's extraterritorial zoning10
jurisdiction is located when proposing to adopt or amend a zoning11
ordinance which affects the city's extraterritorial zoning jurisdiction12
within such county. The written notice of the proposed change to the13
zoning ordinance shall be sent to the county board or its designee at14
least thirty days prior to the final decision by the city. The county15
board may submit comments or recommendations regarding the change in the16
zoning ordinance at the public hearings on the proposed change or17
directly to the city within thirty days after receiving such notice. The18
city may make its final decision (i) upon the expiration of the thirty19
days following the notice or (ii) when the county board submits comments20
or recommendations, if any, to the city prior to the expiration of the21
thirty days following the notice. 22
(b) Subdivision (5)(a) of this section does not apply to a city of23
the first class (i) located in a county with a population in excess of24
one hundred thousand inhabitants as determined by the most recent federal25
decennial census or the most recent revised certified count by the United26
States Bureau of the Census or (ii) if the city and the county have a27
joint planning commission or joint planning department.28
(6) Electors residing in the extraterritorial zoning jurisdiction of29
a city of the first class in areas shall be considered electors of such30
city. 31
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Sec. 5. Section 17-1001, Revised Statutes Supplement, 2025, is1
amended to read: 2
17-1001 (1) Except as provided in section 13-327 and subsection (2)3
of this section, the extraterritorial zoning jurisdiction of a city of4
the second class or village shall consist of the unincorporated area one5
mile beyond and adjacent to its corporate boundaries.6
(2) For purposes of sections 70-1001 to 70-1020, the7
extraterritorial zoning jurisdiction of a city of the second class or8
village shall consist of the unincorporated area one-half mile beyond and9
adjacent to its corporate boundaries. 10
(3) Any city of the second class or village may apply by ordinance11
any existing or future zoning regulations, property use regulations,12
building ordinances, electrical ordinances, and plumbing ordinances13
within its extraterritorial zoning jurisdiction, with the same force and14
effect as if such area was within its corporate limits. No such ordinance15
shall be extended or applied so as to prohibit, prevent, or interfere16
with the conduct of existing farming, livestock operations, businesses,17
or industry. The fact that the extraterritorial zoning jurisdiction or18
part thereof is located in a different county or counties than some or19
all portions of the municipality shall not be construed as affecting the20
powers of the city or village to apply such ordinances.21
(4)(a) Any city of the second class or village may exempt from22
application of its zoning regulations, property use regulations, building23
ordinances, electrical ordinances, and plumbing ordinances within its24
extraterritorial zoning jurisdiction, by action of the board of25
adjustment pursuant to sections 19-907 to 19-915 and any applicable26
ordinance, certain farm buildings when such structures are consistent27
with the comprehensive development plan, including anticipated long-range28
future growth based upon documented population and economic projections,29
as required by sections 19-907 to 19-915. 30
(b) For purposes of this subsection, farm building means a building31
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utilized for agricultural purposes as defined in section 77-1359 on a1
farmstead of twenty acres or more which produces one thousand dollars or2
more of farm products each year. 3
(5)(a) A city of the second class or village shall provide written4
notice to the county board of the county in which the extraterritorial5
zoning jurisdiction of the city or village is located when proposing to6
adopt or amend a zoning ordinance which affects the extraterritorial7
zoning jurisdiction of the city or village within such county. The8
written notice of the proposed change to the zoning ordinance shall be9
sent to the county board or its designee at least thirty days prior to10
the final decision by the city or village. The county board may submit11
comments or recommendations regarding the change in the zoning ordinance12
at the public hearings on the proposed change or directly to the city or13
village within thirty days after receiving such notice. The city or14
village may make its final decision (i) upon the expiration of the thirty15
days following the notice or (ii) when the county board submits comments16
or recommendations, if any, to the city or village prior to the17
expiration of the thirty days following the notice.18
(b) Subdivision (5)(a) of this section does not apply to a city of19
the second class or a village (i) located in a county with a population20
in excess of one hundred thousand inhabitants as determined by the most21
recent federal decennial census or the most recent revised certified22
count by the United States Bureau of the Census or (ii) if the city or23
village and the county have a joint planning commission or joint planning24
department. 25
(6) Electors residing in the extraterritorial zoning jurisdiction of26
a city of the second class or village shall be considered electors of27
such city or village. 28
Sec. 6. Section 32-553, Revised Statutes Cumulative Supplement,29
2024, is amended to read: 30
32-553 (1)(a) When any political subdivision except a public power31
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district nominates or elects members of the governing board by districts,1
such districts shall be substantially equal in population as determined2
by the most recent federal decennial census. 3
(b) Any such political subdivision that has districts in place on4
the date the census figures used in drawing district boundaries for the5
Legislature are required to be submitted to the state by the United6
States Department of Commerce, Bureau of the Census, shall, if necessary7
to maintain substantial population equality as required by this8
subsection, have new district boundaries drawn within six months after9
the passage and approval of the legislative bill providing for10
reestablishing legislative districts. Any such political subdivision in11
existence on the date the census figures used in drawing district12
boundaries for the Legislature are required to be submitted to the state13
by the United States Department of Commerce, Bureau of the Census, and14
which has not established any district boundaries shall establish15
district boundaries pursuant to this section within six months after such16
date. 17
(c) If the deadline for drawing or redrawing district boundary lines18
imposed by this section is not met, the procedures set forth in section19
32-555 shall be followed. 20
(2) The governing board of each such political subdivision shall be21
responsible for drawing its own district boundaries and shall, as nearly22
as possible, follow the precinct lines created by the election23
commissioner or county clerk after each federal decennial census, except24
that the election commissioner of any county in which a Class IV or V25
school district is located shall draw district boundaries for such school26
district as provided in this section and section 32-552.27
(3) On or before January 1, 2027, any city or village that elects28
members of its governing board by district shall redraw such district29
boundaries to include the extraterritorial zoning jurisdiction of such30
city or village. Thereafter, when a city or village is required to redraw31
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such district boundaries, such city or village shall include the1
extraterritorial zoning jurisdiction of the city or village.2
Sec. 7. Original sections 14-201.03, 14-419, and 15-901, Reissue3
Revised Statutes of Nebraska, section 32-553, Revised Statutes Cumulative4
Supplement, 2024, and sections 16-901 and 17-1001, Revised Statutes5
Supplement, 2025, are repealed. 6
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