Nebraska Revised Statutes

Neb. Rev. Stat. § 16-901 (2026)

Zoning regulations; building ordinances; public utility codes; applicability to extraterritorial zoning jurisdiction; notice to county board

✓ current as of July 2026

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(1) Except as provided in section 13-327 and subsection (2) of this section, the extraterritorial zoning jurisdiction of a city of the first class shall consist of the unincorporated area two miles beyond and adjacent to its corporate boundaries.

(2) For purposes of sections 70-1001 to 70-1020, the extraterritorial zoning jurisdiction of a city of the first class shall consist of the unincorporated area one mile beyond and adjacent to its corporate boundaries.

(3) Any city of the first class may apply by ordinance any existing or future zoning regulations, property use regulations, building ordinances, electrical ordinances, plumbing ordinances, and ordinances authorized by section 16-240 within its extraterritorial zoning jurisdiction with the same force and effect as if such area were within the corporate limits of the city, except that no such ordinance shall be extended or applied so as to prohibit, prevent, or interfere with the conduct of existing farming, livestock operations, businesses, or industry. The fact that the extraterritorial zoning jurisdiction is located in a different county or counties than some or all portions of the municipality shall not be construed as affecting the powers of the city to apply such ordinances.

(4)(a) Any city of the first class may exempt from application of its zoning regulations, property use regulations, building ordinances, electrical ordinances, plumbing ordinances, and ordinances authorized by section 16-240 within its extraterritorial zoning jurisdiction, by action of the board of adjustment pursuant to sections 19-907 to 19-915 and any applicable ordinance, certain farm buildings when such structures are consistent with the comprehensive development plan, including anticipated long-range future growth based upon documented population and economic projections, as required by sections 19-907 to 19-915.

(b) For purposes of this subsection, farm building means a building utilized for agricultural purposes as defined in section 77-1359 on a farmstead of twenty acres or more which produces one thousand dollars or more of farm products each year.

(5)(a) A city of the first class shall provide written notice to the county board of the county in which the city's extraterritorial zoning jurisdiction is located when proposing to adopt or amend a zoning ordinance which affects the city's extraterritorial zoning jurisdiction within such county. The written notice of the proposed change to the zoning ordinance shall be sent to the county board or its designee at least thirty days prior to the final decision by the city. The county board may submit comments or recommendations regarding the change in the zoning ordinance at the public hearings on the proposed change or directly to the city within thirty days after receiving such notice. The city may make its final decision (i) upon the expiration of the thirty days following the notice or (ii) when the county board submits comments or recommendations, if any, to the city prior to the expiration of the thirty days following the notice.

(b) Subdivision (5)(a) of this section does not apply to a city of the first class (i) located in a county with a population in excess of one hundred thousand inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census or (ii) if the city and the county have a joint planning commission or joint planning department.

Notes of Decisions

Cited in 9 cases, 1961–2003 · leading case: Johnson v. City of Hastings, 488 N.W.2d 20 (Neb. 1992).

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Johnson v. City of Hastings, 488 N.W.2d 20 (Neb. 1992). · cites it 4× “Plaintiffs Johnson and Duncan own farms within 2 miles of the territory sought to be annexed and, as a result, will be subject to the city’s zoning authority, pursuant to Neb. Rev. Stat. § 16-901 (Reissue 1991), if the City of Hastings annexes the tract.”

Schlientz v. City of North Platte, 110 N.W.2d 58 (Neb. 1961). · cites it 59× “The plaintiff bases his cause of action on the contention that section 16-901, R. S. Supp., 1959, is unconstitutional, and that ordinance No.”

Sch. Dist. No. 46 v. City of Bellevue, 400 N.W.2d 229 (Neb. 1987). · cites it 4× “1985) (3 miles for city of primary class); Neb.Rev.Stat. § 16-901 (Reissue 1983) (2 miles for city of first class); Neb.”

City of Syracuse v. Farmers Elevator, Inc., 157 N.W.2d 394 (Neb. 1968). · cites it 4× “Defendants quote the following language from that case: “The procedure prescribed by section 16-901, R. S. Supp., 1959, is not the enactment of any new ordinance or ordinances.”

Cnty. of Dakota v. Worldwide Truck Parts & Metals, 511 N.W.2d 769 (Neb. 1994). · cites it 5× “The authority for a city of the first class, such as South Sioux City, to exercise extraterritorial jurisdiction is found in Neb. Rev. Stat. § 16-901 (Reissue 1991), which states in pertinent part: Any city of the first class may apply by ordinance any existing or future zoning…”

Adam v. City of Hastings, 668 N.W.2d 272 (Neb. Ct. App. 2003). · cites it 2× “The Lochland plaintiffs argue, based on the above cases, that if coming within a city’s possible zoning jurisdiction is enough to give one a direct legal interest in an annexation, then an annexation of nearby land which facilitates one’s own annexation would give an even…”

City of Grand Island v. Ehlers, 142 N.W.2d 770 (Neb. 1966). · cites it 2× “rst class, against the members of the county board of Hall County and numerous owners of real estate in three separate tracts designated as “industrial areas” by the county board, for a declaratory judgment declaring and determining the rights, status, and duties of the…”

State Ex Rel. Dawson Cnty. Feed Prods., Inc. v. Omaha Pub. Power Dist., 118 N.W.2d 7 (Neb. 1962). “furnishes electrical energy to certain territory adjacent to the city of Fremont under the natural and inherent rights of the city to expand its electrical load to the expanding suburban and fringe area of the city, which area potentially is subject to annexation and which is…”

City of Gering v. Gering Valley Rural Pub. Power Dist., 142 N.W.2d 155 (Neb. 1966). “§ 16-901, R. R. S. 1943. The overlap of the zoning area and the service area of the district is said to be contrary to the right of the city.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.