Nebraska Agricultural Zoning and County Livestock Siting

Counties have planning and zoning authority under Neb. Rev. Stat. 23-114 to 23-114.05, allowing them to designate agricultural districts, set setbacks, and regulate the location of livestock confinement. The Livestock Operation Siting and Expansion Act, Neb. Rev. Stat. 54-2401 to 54-2425, authorizes counties to adopt a uniform matrix scoring system for siting decisions involving large livestock operations. Cities exercising extraterritorial zoning under section 19-929 must coordinate with county agricultural rules, and section 13-329 limits city annexation of agriculturally used land. The Right to Farm Act sections 2-4401 to 2-4404 still protects pre-existing operations from later-adopted municipal nuisance ordinances. Conservation easements and agricultural use valuation under Neb. Rev. Stat. 77-1343 reinforce farmland preservation. Farmers must still comply with environmental permits administered by the Department of Environment and Energy.

Local zoning violations may be cited as misdemeanors or civil infractions under the county ordinance. Local rules that impermissibly conflict with the Right to Farm Act or the Livestock Siting Act are unenforceable, with affected operators able to seek judicial relief.