Nebraska Statewide Rule

Nebraska Agricultural Zoning and County Livestock Siting

Some RestrictionsApplies statewide across Nebraska (2026)

Key Facts

County zoning: Neb. Rev. Stat. 23-114
Livestock Siting Act: 54-2416 to 54-2438
ETJ zoning: Section 19-929
Right to Farm shield: 2-4401 to 2-4404
Ag use valuation: Neb. Rev. Stat. 77-1343

Last verified: September 5, 2026Source: Nebraska Legislature

Summary

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.

Conditional use permit or special exception; county planning commission or county board; powers. (1) A county planning commission or county board shall grant a conditional use permit or special exception to an existing animal feeding operation seeking to construct or modify a livestock waste control facility if the purpose is to comply with federal or state regulations pertaining to livestock waste management, the operation has complied with inspection requirements pursuant to section 54-2423, and the construction or modification of the livestock waste control facility will not increase the animal capacity of such operation. The number of conditional use permits or special exceptions granted to such an operation under this subsection is unlimited.

Source: Nebraska LegislatureView official code

Full Breakdown

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. 54-2416 to 54-2438, directs the Department of Agriculture to provide a uniform matrix scoring system that counties may adopt for siting decisions on large livestock operations. Cities exercising extraterritorial zoning under section 19-929 coordinate with county rules. The Right to Farm Act, sections 2-4401 to 2-4404, still protects pre-existing operations from later-adopted municipal nuisance ordinances. Agricultural use valuation under Neb. Rev. Stat. 77-1343 reinforces farmland preservation, and farmers must comply with state environmental permits.

Violations & Penalties

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.

Frequently Asked Questions

Who controls agricultural zoning in Nebraska?

Counties primarily, under Neb. Rev. Stat. 23-114 to 23-114.05. Cities have limited extraterritorial jurisdiction under section 19-929. The Livestock Operation Siting and Expansion Act provides a matrix tool for evaluating new or expanding livestock operations.

Can a county block a new livestock confinement?

Counties may set siting standards, setbacks, and use the Livestock Siting Matrix to evaluate applications, but they cannot retroactively make an existing protected operation a nuisance under sections 2-4403 and 2-4404, even if surrounding land use changes.

Sources

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