[Note: This is the second in a series of Research Notes by Platte’s summer intern, focusing on county zoning and agriculture issues]
In Nebraska, conditional use and special exception permits are regulatory tools used by county commissions or boards to allow specific land uses that are not typically permitted under existing zoning rules but may be appropriate under certain conditions. According to Nebraska Revised Statute 54-2437, these permits are often relevant in agricultural contexts, such as when an existing animal feeding operation (like a cattle or dairy operation) seeks to construct or modify a livestock waste control facility. The primary purpose of these permits is to give property owners the flexibility to engage in specialized activities that are explicitly listed in county zoning regulations.
Under Nebraska Revised Statute 23-114.01, the authority to grant conditional use or special exception permits lies primarily with the county planning commission. However, counties have the option to retain this authority at the board level. The permit does not automatically allow for the given land use. Rather, it merely allows for the proposed project to be considered, subject to thorough evaluation. This ensures that developments with possible broader impacts, such as environmental or infrastructural concerns, undergo detailed scrutiny before proceeding.
When deciding to grant or deny one of these permits, the planning commission or county board must issue a formal statement of factual findings. This statement is based on the record of proceedings and provides the reasoning behind the decision. It ensures transparency and accountability in land use decisions, offering a clear rationale that can be reviewed if the decision is challenged. Overall, Nebraska’s conditional use and special exception permit process seeks to balance the need for land use flexibility with the protection of community interests and the environment.
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