Nebraska Statute Streamlining County Conditional Use Permits Takes Effect

The Nebraska Legislature made major reforms to county zoning procedures in 2026. Legislative Bill (“LB”) 663, which took effect on July 18, 2026, amended section 23-114.01 of the Nebraska Revised Statutes to streamline counties’ issuance of conditional use permits.

The bill adjusted how counties process, decide and defend conditional use permits by imposing three procedural requirements:

• Approval Standard. Counties must approve conditional use permit applications that comply with applicable zoning regulations. They must also presume applicants will comply with applicable local, state and federal requirements. “Without factual evidence contrary to the application,” counties “shall approve the application.” The burden is on opponents to present evidence supporting denial of the permit.
• Decision Deadline. Upon receiving an application, “[t]he county zoning administrator or commission shall have 30 days to determine if an application is complete.” If the application is incomplete, the administrator or commission must notify the applicant of any deficiencies in writing within 10 days. Upon the applicant correcting the deficiencies, the zoning administrator or commission must then determine completeness of the application within 30 days. After confirming completeness, the county must hold the required public hearings and approve or deny the permit within 90 days. An exception applies if the county board obtains information that “materially affects” an application by “having a significant or substantial impact on state law, compliance with county zoning regulations or the rights of an affected party.”
• Heightened Appellate Standard. Anyone challenging approval or denial of a conditional use permit must present “clear and convincing evidence that such decision (i) was arbitrary, capricious or illegal or (ii) did not adhere to the county’s zoning regulations” to overturn the county’s decision. This heightened burden makes county decisions more difficult to challenge once the permitting process concludes. The challenger must now satisfy the heightened burden and show the decision falls within one of the bill’s specified grounds for reversal.

LB 663 emerged from concerns in the agricultural context, but the bill applies more broadly. The procedural requirements and heightened appellate standard in LB 663 apply to every county conditional use permit. In recent public statements, the Nebraska Association of County Officials has confirmed this. LB 663 streamlines how counties review, decide and defend all county conditional use permit applications, regardless of the proposed land use.

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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.

David C. Levy
Hannes D. Zetzsche
Jackson R. Langin, Summer Associate