Nebraska Ordinances (2026)

Nebraska adopts the 2018 International Residential Code as the statewide minimum building standard under Neb. Rev. Stat. 71-6403. Tiny homes built on permanent foundations must meet IRC structural, egress, and life-safety provisions unless a local jurisdiction has adopted Appendix Q.

Nebraska's animal cruelty law applies uniformly across all cities and counties. Hoarding cases are prosecuted under the cruel neglect provisions of section 28-1009, which carries misdemeanor or felony penalties depending on harm.

Nebraska law prohibits keeping wolves, skunks, bears, and most non-domestic cats statewide regardless of city ordinance. Wild birds and mammals require a captive wildlife permit from the Game and Parks Commission unless an exception applies.

Nebraska Game and Parks Commission regulations prohibit baiting big game and turkey statewide. The rule applies to all property regardless of municipal ordinance and is enforced by state conservation officers.

Nebraska prohibits commercial marijuana dispensaries statewide. The state Controlled Substances Act preempts any municipal attempt to license or zone for retail cannabis sales, leaving no legal pathway under current statute.

Nebraska prohibits all marijuana cultivation statewide for recreational and medical purposes. State Uniform Controlled Substances Act preempts any local attempt to authorize home grows, making cultivation a criminal offense across all municipalities.

Commercial drone operations in Nebraska fall under federal FAA Part 107 rules with state-level overlay on privacy and trespass. Municipalities cannot regulate airspace but may apply zoning rules to ground operations.

Nebraska restricts recreational drone use through wildlife harassment and privacy statutes. Federal FAA airspace authority preempts most local rules, but state laws on hunting interference and surveillance apply uniformly statewide.

Nebraska's Wage and Hour Act sets a statewide minimum wage that rises to $15 by January 1, 2026 under Initiative 433. Neb. Rev. Stat. 48-1201 et seq. does not preempt cities, so political subdivisions may set higher local minimum wages.

Nebraska voters approved Initiative 436 in 2024, creating statewide paid sick leave effective October 1, 2025. The Healthy Families and Workplaces Act sits in Neb. Rev. Stat. chapter 48 and does not expressly preempt local paid leave ordinances.

Nebraska has not enacted predictive or fair-scheduling legislation. Employers follow federal Fair Labor Standards Act and Nebraska Wage and Hour Act rules, and no statute expressly preempts local scheduling ordinances, though none have been adopted.

Nebraska requires participating communities to adopt floodplain management ordinances meeting state and federal minimums. The Department of Natural Resources oversees uniform construction and elevation rules within mapped floodplains statewide.

Nebraska administers the federal stormwater NPDES program through the Department of Environment and Energy. State permits set uniform construction and municipal separate storm sewer system standards that apply alongside any local stormwater ordinances.

Nebraska law requires adjoining landowners to share equitably in the construction and maintenance of division fences between properties. The statute applies statewide and establishes mandatory written notice procedures and a default 50-50 cost split.

Nebraska adopts the International Residential Code 2018 with pool barrier requirements applying to private pools, while public pools are governed by Title 178 NAC 2 mandating six-foot enclosures. These standards apply uniformly across the state.

Nebraska law defines permissible consumer fireworks, restricts sale dates, and bans aerial display fireworks for general public use. Cities and villages may impose additional restrictions but cannot authorize state-prohibited devices.

Nebraska law requires written authorization from the local fire chief before any open burning, with the State Fire Marshal authorizing any chief who delegates the function. The requirement applies uniformly across the state.

Nebraska's State Fire Marshal Act and LP-Gas regulations preempt local rules on container design, installation, and inspection. Municipalities may zone tank locations but cannot impose conflicting technical standards.

Since LB 77 took effect September 2, 2023, any Nebraska resident 21 or older who is not a prohibited person may carry a concealed handgun without a permit. Optional Concealed Handgun Permits remain available under the Concealed Handgun Permit Act for reciprocity.

Nebraska law preempts cities, villages, and counties from adopting most firearms regulations. Neb. Rev. Stat. 17-556 and 18-1703, broadened by LB 77 in 2023, reserve gun policy to the state and override conflicting municipal ordinances on possession, carry, transfer, transport, and storage.

Nebraska does not require a permit to openly carry a firearm by adults who can lawfully possess one. State preemption under Neb. Rev. Stat. 18-1703 limits local restrictions, but cities may regulate discharge and ban firearms in posted public buildings.

Nebraska allows lawful adults to carry handguns in vehicles, openly or concealed, without a permit after LB 77 (2023). Neb. Rev. Stat. 28-1202 and 69-2441 govern vehicle carry, with preemption under 18-1703 voiding stricter local ordinances on transport or storage.

Nebraska allows home producers to sell non-potentially-hazardous foods directly to consumers without a license under state cottage food law. Statute sets uniform labeling and product rules that municipalities cannot supersede.

Nebraska requires state licensing for family child care homes serving four or more unrelated children. The Department of Health and Human Services administers uniform standards that municipalities cannot override with stricter capacity rules.

Nebraska requires state agencies, political subdivisions, and contractors awarded state or local public contracts to use E-Verify for new hires under Neb. Rev. Stat. 4-114. Private employers without public contracts are not required to use E-Verify but may participate voluntarily.

Nebraska has not enacted a statute preempting sanctuary policies or compelling local cooperation with federal immigration enforcement. Cities and counties set their own ICE-cooperation policies, subject to general federal law and 8 U.S.C. 1373 information-sharing rules.

Nebraska's Noxious Weed Control Act statutorily requires every landowner to control state-listed noxious weeds. Counties act as control authorities, while cities and villages must also provide for weed control within their jurisdictions under uniform statewide standards.

Aircraft noise regulation in Nebraska is preempted by federal law. The FAA holds exclusive authority over aviation noise, airspace, and flight operations, leaving cities and counties unable to impose curfews or operational restrictions on aircraft.

Nebraska statutes define dangerous dogs and authorize local animal control authorities to impound dogs creating noise nuisances. The state framework establishes baseline classifications, but specific barking ordinances remain enforced at the municipal level under home rule.

Nebraska law defines abandoned vehicles and authorizes removal after seven days on public property or six hours on highways. State statute provides uniform procedures for impound, owner notice, and disposal applicable to all municipalities.

Nebraska's Uniform Residential Landlord and Tenant Act fixes the statutory grounds and notice periods for residential evictions. Local governments cannot substitute their own just-cause framework where URLTA applies under Neb. Rev. Stat. 76-1431.

Nebraska has no statewide rent control statute and no Nebraska city currently imposes rent control. Rent and lease terms are governed uniformly under the Uniform Residential Landlord and Tenant Act (URLTA), Neb. Rev. Stat. 76-1401 to 76-1449.

Nebraska counties zone agricultural land under Neb. Rev. Stat. 23-114 to 23-114.05 and the Livestock Operation Siting and Expansion Act, while the Right to Farm Act protects existing farms from later nuisance ordinances under sections 2-4401 to 2-4404.

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.

Nebraska imposes a 5.5% state sales tax and 1% state lodging tax on rentals of less than 30 days, plus any local option sales tax. Marketplace facilitators must collect on hosts' behalf.

Nebraska state law prohibits placing political campaign signs or any signs on state highway and interstate right-of-way. The Department of Transportation enforces this rule statewide and may remove unauthorized signs from public ROW.

Nebraska does not impose a statewide plastic bag ban or fee. Local authority over plastic carryout bags is shaped by general municipal home rule and recycling statutes; legislative proposals to expressly preempt local bans (like LB 877) have been considered but not enacted.

Nebraska does not ban expanded polystyrene foam containers statewide. No statute restricts foam takeout containers, coolers, or packing peanuts, and cities have not enacted enforced foam bans, making polystyrene legal subject to general litter and recycling laws.

Nebraska has no statewide ban or upon-request rule for plastic straws or stirrers. Restaurants and retailers may distribute single-use plastic straws to customers, subject only to general litter, recycling, and food-code requirements.

Nebraska law universally authorizes solar easements and requires cities and counties to provide a variance process for zoning or subdivision rules that unduly restrict solar energy systems. No statewide HOA preemption exists, however.

Public pools, including those at hotels, apartments, and municipal facilities, must obtain a state construction permit and operating permit from the Nebraska Department of Environment and Energy under the Swimming Pool Act statewide.

Title 178 NAC 2 establishes statewide operating standards for public pools, including water chemistry, certified operator requirements, lifeguard staffing, and safety equipment. Standards apply uniformly to all public pools regardless of city.

Nebraska prohibits sale or distribution of cigarettes, vape products, and other tobacco products to anyone under age 21. Neb. Rev. Stat. 28-1418 sets the statewide minimum age and applies to in-person, online, and self-service sales.

Nebraska has not enacted a statewide ban on flavored tobacco or menthol cigarettes. Sales remain legal to adults 21 and older under Neb. Rev. Stat. 28-1418, subject to federal FDA flavor restrictions on certain cartridge-based vape products.

Nebraska regulates electronic nicotine delivery system retailers under the Nebraska Tobacco Products Tax Act and Neb. Rev. Stat. 28-1418. Retailers must verify customers are 21 and over, comply with state taxation, and follow Department of Revenue licensing for vape products.

Nebraska's Integrated Solid Waste Management Act sets statewide waste-reduction goals, bans certain materials from landfills, and requires permitted disposal. Local recycling programs operate within this state framework.