Nebraska § 13-1709 Procedures; exclusive

Nebraska Statutes

§ 13-1709 — Procedures; exclusive

Nebraska § 13-1709

Ch. 13Cities, Counties, and Other Political Subdivisions

This text of Nebraska § 13-1709 (Procedures; exclusive) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 13-1709 (2026).

Text

The siting approval procedures, criteria, and appeal procedures provided for in sections  13-1701  to  13-1714  shall be the exclusive siting procedures and appeal procedures. Local zoning ordinances, other local land-use requirements, and other ordinances or resolutions shall be considered in such siting decisions.

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Legislative History

Source: Laws 1991, LB 813, § 9; Laws 1992, LB 1257, § 62. Annotations: Because this section provides that the siting approval procedures, criteria, and appeal procedures provided for in sections 13-1701 to 13-1714 shall be the exclusive siting procedures and appeal procedures, the Administrative Procedure Act is inapplicable. The standard of review is to search only for errors appearing in the record. The district court determines whether the decision conforms to law, is supported by competent and relevant evidence, and is not arbitrary, capricious, or unreasonable. Tri-County Landfill v. Board of Cty. Comrs., 247 Neb. 350, 526 N.W.2d 668 (1995).