Lincoln's Single-Use Items: The Rules That Matter

Every city handles single-use items a little differently. In Lincoln, Nebraska, there are 2 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Plastic Bag Rules

Nebraska LB 1149 (2019) prohibits cities and counties from adopting or enforcing any ordinance regulating containers, including plastic bag bans or fees. Lincoln cannot impose a local bag ban or charge.

Key details: Preemption law: NE LB 1149 (2019). Local ban allowed: No. Local fee allowed: No. Voluntary alternatives: Retailer programs.

There is no local violation because no local ordinance exists. State preemption blocks any city enforcement.

The rules around plastic bag rules in Lincoln lean permissive, but that does not mean anything goes.

Polystyrene Foam Rules

Lincoln cannot ban polystyrene foam containers. Nebraska LB 1149 preempts any local regulation of auxiliary containers, including foam takeout boxes, cups, and clamshells used by restaurants.

Key details: Preemption law: NE LB 1149 (2019). Local foam ban: Not allowed. City alternative: Voluntary outreach. Recycling status: Foam not curbside-recyclable.

No local violation exists because no local rule exists. State preemption blocks enforcement of any future foam ban.

The rules around polystyrene foam rules in Lincoln lean permissive, but that does not mean anything goes.

The Bottom Line

Compared to many U.S. cities, Lincoln gives residents more room on single-use items. 2 of the 2 rules here are rated permissive. But permissive does not mean unregulated. There are still requirements, and the city does enforce them when violations are reported.

Keep in mind that Lincoln can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.