Nebraska § 3-311 Zoning regulations;
new or changed structure; nonconforming use; permit

Nebraska Statutes

§ 3-311 — Zoning regulations; new or changed structure; nonconforming use; permit

Nebraska § 3-311

Ch. 3Aeronautics

This text of Nebraska § 3-311 (Zoning regulations; new or changed structure; nonconforming use; permit) 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. § 3-311 (2026).

Text

(1)Airport zoning regulations adopted under the Airport Zoning Act may require that a permit be obtained before any new structure or use may be constructed or established and before any existing use or structure may be substantially changed, altered, or repaired.

(2)Except as provided in subsection (3) of this section for certain electric facilities, all airport zoning regulations adopted under the act shall provide that before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted, a permit authorizing any replacement, alteration, repair, reconstruction, growth, or replanting must be secured from the administrative agency authorized to administer and enforce the regulations. A permit shall be granted under th

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(1) Airport zoning regulations adopted under the Airport Zoning Act may
require that a permit be obtained before any new structure or use may be constructed
or established and before any existing use or structure may be substantially
changed, altered, or
repaired.
(2) Except as provided in subsection (3)
of this section for certain electric facilities, all airport zoning regulations adopted under the act shall provide that before
any nonconforming structure or tree may be replaced, substantially altered
or repaired, rebuilt, allowed to grow higher, or replanted, a permit authorizing any replacement, alteration,
repair, reconstruction, growth, or replanting must be secured
from the administrative agency authorized to administer and enforce the regulations. A permit shall be granted under this subsection if the applicant shows that the replacement,
alteration, repair, reconstruction, growth, or replanting of the nonconforming
structure, tree, or
nonconforming use would
not result in an increase in height or a greater hazard to air
navigation than the condition that existed when
the applicable regulation was adopted.
For nonconforming structures other than electric facilities, no permit under
this subsection shall be required for repairs necessitated by fire, explosion,
act of God, or the common enemy or for repairs which do not involve expenditures
exceeding more than sixty percent of the fair market value of the nonconforming
structure, so long as the height of the nonconforming structure is not increased
over its preexisting height.
(3) An electric
supplier owning or operating an electric facility made nonconforming by the
adoption of airport zoning regulations under the Airport Zoning Act may, without
a permit or other approval by the political subdivision adopting such regulations,
repair, reconstruct, or replace such electric facility if the height of such
electric facility is not increased over its preexisting height. Any construction,
repair, reconstruction, or replacement of an electric facility, the height
of which will exceed the preexisting height of such electric facility, shall
require a permit from the political subdivision adopting such regulations.
The permit shall be granted only upon a showing that the excess height of
the electric facility will not establish or create an airport hazard or become
a greater hazard to air navigation than the electric facility that previously
existed.