Omaha cannot ban or tax plastic bags because Nebraska LB 1149 (2019) preempts local single-use container regulation, leaving any restrictions to the state legislature rather than the City Council.
In 2019 the Nebraska Legislature passed LB 1149, which forbids cities and counties from imposing bans, fees, or surcharges on auxiliary containers such as plastic carryout bags, polystyrene foam cups, and similar single-use items. As a result, any future Omaha ordinance attempting to charge a 10-cent bag fee or ban thin-film bags would be void on its face. Retailers may voluntarily adopt reusable-bag programs, and the state could revisit preemption, but no local ordinance can currently fill the gap.
Because the city is preempted, retailers face no local penalties for offering plastic bags; any city ordinance attempting enforcement would be unenforceable in court.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Omaha, NE
Omaha's zoning and property maintenance codes do not restrict residential lawn ornaments, statuary, or religious displays at single-family homes. Political s...
Omaha, NE
Omaha has no specific City ordinance regulating residential inflatable holiday displays. The principal restrictions come from HOA and condo covenants under N...
Omaha, NE
Omaha has no citywide ordinance restricting residential holiday lights at single-family homes. Restrictions arise principally from HOA and condo covenants un...
Omaha, NE
Outdoor kitchens in Omaha require separate trade permits from the Permits and Inspections Division: building permit for structural elements, mechanical permi...
Omaha, NE
Omaha has no specific ordinance regulating residential offset smokers, pellet grills, or wood-fired pizza ovens at single-family homes. Multi-unit balcony sm...
Omaha, NE
Omaha enforces the International Fire Code as adopted via Chapter 12 of the Municipal Code. IFC Β§308.1.4 prohibits open-flame cooking devices and LP-gas gril...
See how Omaha's plastic bag rules rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.