Nebraska's Right to Farm Act, Neb. Rev. Stat. 2-4401 to 2-4404, presumes that established farm and livestock operations are not nuisances if they were lawful when started and conditions around them later changed. Local nuisance ordinances cannot make protected operations a nuisance.
Neb. Rev. Stat. 2-4403 declares that an agricultural operation is not a public or private nuisance if it has operated for one year or more and was not a nuisance when it began. Section 2-4404 voids any city, village, or county ordinance that purports to declare a protected operation a nuisance. The Act protects farming, livestock confinement, dairying, poultry, beekeeping, and customary practices like fertilization, dust, noise, and odor consistent with generally accepted agricultural practices. Protection is forfeited if the operation is negligent, violates environmental statutes, or changes substantially. Counties keep zoning authority over new livestock confinement under the Livestock Operation Siting and Expansion Act, but cannot retroactively label a pre-existing farm a nuisance.
If a local ordinance is declared inconsistent with section 2-4404, the protected farm operator may seek declaratory and injunctive relief and may recover costs. Courts will dismiss nuisance suits brought against protected operations.
Lincoln, NE
Lincoln's zoning and property maintenance codes do not restrict residential lawn ornaments, statuary, or religious displays at single-family homes. Political...
Lincoln, NE
Lincoln has no specific City ordinance regulating residential inflatable holiday displays. The principal restrictions come from HOA and condo covenants under...
Lincoln, NE
Lincoln has no citywide ordinance restricting residential holiday lights at single-family homes. Restrictions arise principally from HOA and condo covenants ...
Lincoln, NE
Outdoor kitchens in Lincoln require separate trade permits from the Building & Safety Department: building permit for structural elements, mechanical permit ...
Lincoln, NE
Lincoln has no specific ordinance regulating residential offset smokers, pellet grills, or wood-fired pizza ovens at single-family homes. Multi-unit balcony ...
Lincoln, NE
Lincoln enforces the International Fire Code through Title 16 of the Lincoln Municipal Code. IFC §308.1.4 prohibits open-flame cooking devices and LP-gas gri...
See how Lincoln's farm nuisance protection rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.