[Note: This is the final in a series of Research Notes by Platte’s intern, focusing on county zoning and agriculture issues. A full paper dealing with these issues will be published later this fall.]
Over the past decade, Nebraska’s legislature has repeatedly sought to address issues related to the Conditional Use Permits (CUPs) and Special Exception permits application processes. In January 2025, LB663 joined this effort. Introduced by Senator Tanya Storer, the bill seeks to streamline and unify the permitting process across Nebraska’s counties. It proposes three key reforms.
First, LB663 establishes mandatory education for county officials on CUP procedures. With near-unanimous support, the bill requires two hours of training, developed and delivered by the county attorney or their appointee. Second, it mandates that permit decisions be based solely on county zoning regulations. While public hearings remain required, the ultimate basis for approval or denial must come from the written code. Third, LB663 introduces a clear review timeline: planning commissions must review application completeness within 30 days, notify applicants of deficiencies within 10 days, and act within 90 days once complete. The county board then has 30 days to review the commission’s recommendation and 90 days to issue a final decision.
Having been referred to the Government, Military, and Veterans Affairs committee, a hearing for LB663 was held on February 28, 2025. During the nearly 90-minute session, supporters and critics debated the bill’s impact, especially its implications for local control. Proponents of the bill shared stories of producers facing confusion and delays due to inconsistent zoning enforcement and untrained officials. Some argued this unpredictability has driven producers to counties without zoning, hurting those with zoning regulations. In contrast, opponents warned that requiring officials to rely solely on zoning regulations would limit their ability to represent local public sentiment. They contended that LB663 risks reducing community input and could restrict the discretion of local boards.
In her closing remarks, Senator Storer defended the bill, emphasizing that control remains local as the bill does not take away a county’s ability to write, establish, and enforce its zoning regulations. Rather, the bill merely clarifies that decisions regarding permits should be tied to written regulations, rather than subjective discretion. Despite disagreement over local control, the bill’s education requirement earned broad support from both sides as nearly every speaker endorsed the proposal to train county officials in the permitting process.
LB663 now sits in General File, awaiting committee amendments. While debate continues, particularly over local authority, the bill clearly identifies a shared concern: improving education and consistency in Nebraska’s permitting system.
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