§ 81-829.43 — Prevention measures; procedure

Nebraska § 81-829.43

• Jurisdiction: Nebraska
• Ch. 81: State Administrative Departments

Text

(1) In addition to prevention measures included in the state, city,
village, county, and interjurisdictional emergency operations plans, the Governor
shall consider on a continuing basis steps that could be taken to prevent
or reduce the harmful consequences of disasters, emergencies, and civil defense
emergencies. At his or her direction and pursuant to any other authority and
competence they have, state agencies, including, but not limited to, those
charged with responsibilities in connection with flood plain management, stream
encroachment and flow regulation, fire prevention and control, air quality,
public works, land use and land-use planning, and construction standards,
shall make studies of prevention-related matters. The Governor, from time
to time, shall make such recommendations to the Legislature, local governments,
and other appropriate public and private entities as may facilitate measures
for prevention or mitigation of the harmful consequences of disasters, emergencies,
and civil defense emergencies. The
recommendations submitted to the Legislature shall be submitted electronically.
(2) The appropriate state agencies, in conjunction with the Nebraska
Emergency Management Agency, shall keep land uses and construction of structures
and other facilities under continuing study and identify areas which are particularly
susceptible to severe land shifting, subsidence, flood, or other catastrophic
occurrence. The studies under this subsection shall concentrate on means of
mitigating or avoiding the dangers caused by any such occurrence or the consequences
thereof.
(3) If the agency believes on the basis of the studies or other competent
evidence that an area is susceptible to a disaster, emergency, or civil defense
emergency of catastrophic proportions without adequate warning, that existing
building standards and land-use controls in that area are inadequate and could
add substantially to the magnitude thereof, and that changes in zoning regulations,
other land-use regulations, or building requirements are essential in order
to further the purposes of this section, it shall specify the essential changes
to the Governor. If the Governor upon review of the recommendation finds after
public hearing that the changes are essential, he or she shall so recommend
to the agencies or local governments with jurisdiction over the area and subject
matter. If no action or insufficient action pursuant to his or her recommendations
is taken within the time specified by the Governor, he or she shall so inform
the Legislature electronically and
request appropriate legislative action to mitigate the impact of a disaster,
emergency, or civil defense emergency.
(4) The Governor, at the same time that he or she makes recommendations
pursuant to subsection (3) of this section, may suspend the standard or control
which he or she finds to be inadequate to protect the public safety and by
regulation place a new standard or control in effect. The new standard or
control shall remain in effect until rejected by resolution of the Legislature
or amended by the Governor. During the time it is in effect, the standard
or control contained in the Governor's regulation shall be administered and
given full effect by all relevant regulatory agencies of the state and local
governments to which it applies. The Governor's action shall be subject to
judicial review but shall not be subject to temporary stay pending litigation.

Legislative History

Source: Laws 1973, LB 494, § 8; Laws 1988, LB 352, § 168; Laws 1996, LB 43, § 24; Laws 1996, LB 966, § 1; Laws 2012, LB782, § 170.