Nebraska Statewide Rule

Nebraska Plastic Bag Rules and Local Authority

Few RestrictionsApplies statewide across Nebraska (2026)

Key Facts

Statewide bag ban: None
Solid Waste Act: 13-2001 to 13-2043
Litter Act: 81-1559 to 81-1568
Express preemption: Not enacted (LB 877 failed)
Local home rule: Available within state law

Last verified: September 5, 2026Source: Nebraska Legislature

Summary

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.

A county, municipality, or agency shall not adopt, enforce, or otherwise administer an ordinance or resolution that prohibits the use of or that sets standards, fees, prohibitions, or requirements regarding the sale, use, or marketing of containers. This subsection shall not apply to county, municipality, or agency recycling or solid waste collection programs, or restrict such programs from the environmental and lawful operation of program facilities and imposition of user fees at such facilities, except that in no event shall such programs prohibit or have the effect of prohibiting the sale, use, or marketing of any containers.

Source: Nebraska LegislatureView official code

Full Breakdown

Nebraska solid waste and recycling laws under the Integrated Solid Waste Management Act, Neb. Rev. Stat. 13-2001 to 13-2043, do not address plastic carryout bags. Section 71-2454 and broader environmental statutes leave product-stewardship rules to the Legislature, and no statewide ban or fee on single-use plastic bags currently exists. Bills such as LB 877 in 2020 proposed to preempt cities from banning auxiliary containers, but none became law. Cities may exercise home rule and Title 132 waste rules to encourage recycling, and may run voluntary takeback or fee programs. Retailers must follow general litter laws including the Litter Reduction and Recycling Act, sections 81-1559 to 81-1568.

Violations & Penalties

Because no statewide bag ban exists, enforcement consists of general litter and recycling laws. Litter Reduction Act violations are infractions or Class V misdemeanors with fines, while local pilot bag programs rely on civil administrative penalties.

Frequently Asked Questions

Can a Nebraska city ban plastic bags?

There is no statewide preemption barring it. A city or village could try to enact a bag ban or fee under home-rule and police-power authority, although no Nebraska municipality currently enforces a comprehensive carryout bag ban.

Is there a statewide bag fee in Nebraska?

No. Nebraska has not enacted a statewide bag fee or ban. The Integrated Solid Waste Management Act focuses on landfill and recycling planning rather than product-specific bans on single-use items.

Sources

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