Nebraska 2025 2025-2026 Regular Session

Nebraska Legislature Bill LB663 Comm Sub / Analysis

Filed 04/15/2025

                    ONE HUNDRED NINTH LEGISLATURE - FIRST SESSION - 2025
COMMITTEE STATEMENT
LB663
 
 
Hearing Date: Friday February 28, 2025
Committee On: Government, Military and Veterans Affairs
Introducer: Storer
One Liner: Provide for required education for members of county planning commissions and county boards
and change provisions relating to conditional use or special exception determinations by county
planning commissions and county boards
 
 
Roll Call Vote - Final Committee Action:
          Advanced to General File with amendment(s)
 
 
Vote Results:
          Aye:	5 Senators Sanders, Andersen, Lonowski, McKeon, Wordekemper
          Nay:	2 Senators Cavanaugh, J., Hunt
          Absent: 
          Present Not Voting:1 Senator Guereca
 
 
Testimony:
Proponents: 	Representing: 
Senator Tanya Storer 	Opening Presenter
Dean Settje	Self
Greg Hoegermeyer	Self
Matthew Erickson	Self
Bruce Rieker	Nebraska Farm Bureau, Nebraska Cattlemen,
Nebraska Corn Growers Association, Nebraska Pork
Producers Association, Nebraska Sorghum Growers
Association, Nebraska State Dairy Association,
Nebraska Soybean Association, Nebraska Wheat
Growers Association, Renewable Fuels Nebraska
 
Opponents: 	Representing: 
Nancy Meyer	Self
Jane Egan	Nebraska Communities United
Elaine Menzel	Nebraska Association of County Officials (NACO)
Edison McDonald	GC Resolve
Misty  Ahmic	Self
 
Neutral: 	Representing: 
Kris Bousquet	Nebraska State Dairy Association
 
* ADA Accommodation Written Testimony
 
 
Committee Statement: LB663
Government, Military and Veterans Affairs Committee
Page 1 5505ee3474ceddc4b79a2de6175ddfeb Summary of purpose and/or changes:
This bill proposes three substantive changes to a section of law relating to the duties and powers of county officials.
First, it would mandate two hours of education per term on the role of county commission or board members, to be
developed and presented by the county attorney.
Second, the bill would provide that county board or commission members must grant a conditional use permit (CUP)
or special exception solely based on county zoning regulations. Such county officials would not be allowed to require
applicants to obtain federal, state, or local permits as a condition for granting such a CUP or special exception. The
bill would require county officials to presume that the applicant will comply with local, state, and federal requirements
and to approve the application unless there is factual evidence rebutting such presumption. 
Third, this bill proposes a mandatory timeline for county planning commissions to act on such applications. Within
thirty days, the commission would have to notify the applicant of any further information required for processing of the
application. Within thirty days of receiving such additional information, the commission would be required to determine
if the application is complete. Within ninety days after receipt of a complete application, the commission would have to
either grant or deny the application or make a recommendation to the county board about granting or denying the
application. Once a recommendation is received by the county board, that board would have thirty days to determine
whether it is complete, another ten days to request any further information required for a final determination, and then
thirty days from receipt to analyze whether the application is complete. After these steps are completed, the board
would have ninety days after receiving a completed application to take final action.
 
 
Explanation of amendments:
AM 973 revises the continuing education requirement by limiting it to counties that have enacted zoning and by
requiring that county attorneys also receive this continuing education. The amendment also provides for county
zoning administrators to play a role in the newly mandated process for conditional use permit application review.
 
Rita Sanders, Chairperson
Committee Statement: LB663
Government, Military and Veterans Affairs Committee
Page 2 5505ee3474ceddc4b79a2de6175ddfeb