Nebraska Statewide Rule

Nebraska LP-Gas Storage Regulated by State Fire Marshal

Some RestrictionsApplies statewide across Nebraska (2026)

Key Facts

Authority: State Fire Marshal
Adopted code: NFPA 58
Installer license: Required statewide
Local power: Zoning location only
Residential exemption: Under 125 gallons

Last verified: September 5, 2026Source: Nebraska Legislature

Summary

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.

(1) The State Fire Marshal shall adopt and promulgate rules and regulations constituting a State Fire Code. At a minimum, the State Fire Code shall cover: (a) The prevention of fires; (b) The storage, sale, and use of flammable liquids, combustibles, and fireworks; (c) Electrical wiring and heating, protection equipment devices, materials, furnishings, and other safeguards within structures necessary to promote safety and reduce loss by fire; (d) The means and adequacy of exits, in case of fire, in assembly, educational, institutional, residential, mercantile, office, storage, and industrial-type occupancies as such structures are defined in the State Fire Code; (e) All other buildings, structures, and enclosures in which numbers of persons congregate from time to time for any purpose, whether privately or publicly owned; (f) Design, construction, location, installation, and operatio

Source: Nebraska LegislatureView official code

Full Breakdown

Neb. Rev. Stat. sections 81-2,162 through 81-2,168 give the State Fire Marshal exclusive authority to adopt rules for the storage, handling, and transportation of liquefied petroleum gas. Nebraska has adopted NFPA 58 by reference, which governs tank setbacks, valves, signage, and installer qualifications. Installers and dealers must be licensed by the Fire Marshal, and inspections of bulk plants and dispensing stations are conducted by state inspectors. Cities and villages retain zoning authority over where bulk storage may be located, but cannot impose engineering standards that conflict with state rules. Residential tanks under 125 gallons are exempt from many filing requirements.

Violations & Penalties

Class IV misdemeanor for unlicensed installation; license suspension; orders to remove non-compliant tanks. Civil penalties up to $1,000 per violation.

Frequently Asked Questions

Can my city require a different tank setback than NFPA 58?

No. Engineering standards are set by the State Fire Marshal under NFPA 58 and apply uniformly. Cities can only regulate zoning location, not technical setbacks.

Do I need a license to install a residential propane tank?

Yes. Anyone installing or servicing LP-gas systems for hire must hold a Nebraska LP-gas installer license issued by the State Fire Marshal.

Are small grill cylinders regulated?

Cylinders under 100 pounds for personal use are largely exempt, but bulk storage and dispensing locations require Fire Marshal approval and inspection.

Sources

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