Nebraska Legislature Streamlines County Conditional Use Permitting

The Nebraska Legislature recently approved Legislative Bill 663.  LB 663 sets new rules for counties processing conditional use permits.  The Governor signed LB 663 on February 24, 2026.  The law will take effect on July 17, 2026.

Although LB 663 emerged from concerns in the agricultural context, the bill applies more broadly.  LB 663 streamlines how counties review, decide and defend all county conditional use permit applications, regardless of the proposed land use.  This Alert summarizes LB 663’s impact on project developers, landowners and utilities operating in Nebraska.

LB 663 Applies to All County Conditional Use Permits

Nebraska courts interpret statutes according to their plain text.  LB 663 does not expressly limit its new requirements to any specific industry.

LB 663 amends section 23-114.01 of the Nebraska Revised Statutes, the general statute governing all county conditional use permits.  The amendments impose three procedural requirements:

• Approval Standard.  Counties must approve conditional use permit applications that comply with applicable zoning regulations.
• Decision Deadline.  County boards must act on conditional use permit applications within 90 days after determining they are complete.
• Heightened Standard on Appeal.  Anyone challenging approval or denial of a conditional use permit must present clear and convincing evidence to overturn the county’s decision.

To restrict a statute’s scope, the Legislature must do so expressly.  But LB 663 contains no express language limiting its reach to any one industry.  That absence of limiting language shows LB 663 applies to all county conditional use permits.

The Statutory Structure Confirms the Broad Scope

Statutory structure confirms this interpretation.  Section 23-114.01 already contains provisions that expressly apply only to livestock operations.  They show the Legislature knew how to draft livestock-only provisions when it intended to do so.

For instance, the first sentence in subsection (4) allows applicants for “livestock operation” conditional use permits to request a pre‑determination of special conditions.  The following two sentences incorporate that livestock‑only limit by referencing “such” determinations and “such” conditions.

LB 663, by contrast, provides no comparable limit.  It does not incorporate limiting language or even cross‑reference other sentences that do. 

Instead, LB 663’s amendments are general, consistent with the other general provisions in section 23-114.01.  That drafting choice reflects the Legislature’s intent for LB 663 to similarly address all county conditional use permits.

Legislative History Emphasizes Streamlined Process

LB 663’s legislative record aligns with its text and structure.  The bill’s title and introductory language describe amendments relating to conditional use permits and appeals without limiting the subject matter.

Legislative discussion consistently emphasized improving clarity, predictability and timeliness in county permitting decisions.  Senators referenced the bill’s potential impact on a wide range of projects that require conditional use permits, including wind farms, solar farms and battery storage facilities.

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Baird Holm represents landowners, developers and utilities pursuing complex projects of all kinds throughout the Midwest.  We assist with land use and zoning, state and local permitting and environmental compliance.  Our attorneys are also registered lobbyists in Nebraska.  Please reach out with any questions.