Nebraska Plastic Bag Rules and Local Authority

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.

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.