Nebraska Revised Statutes

Neb. Rev. Stat. § 17-1001 (2026)

Suburban development; zoning ordinances; building regulations; 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 second class or village shall consist of the unincorporated area one mile 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 second class or village shall consist of the unincorporated area one-half mile beyond and adjacent to its corporate boundaries.

(3) Any city of the second class or village may apply by ordinance any existing or future zoning regulations, property use regulations, building ordinances, electrical ordinances, and plumbing ordinances within its extraterritorial zoning jurisdiction, with the same force and effect as if such area was within its corporate limits. 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 or part thereof 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 or village to apply such ordinances.

(4)(a) Any city of the second class or village may exempt from application of its zoning regulations, property use regulations, building ordinances, electrical ordinances, and plumbing ordinances 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 second class or village shall provide written notice to the county board of the county in which the extraterritorial zoning jurisdiction of the city or village is located when proposing to adopt or amend a zoning ordinance which affects the extraterritorial zoning jurisdiction of the city or village 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 or village. 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 or village within thirty days after receiving such notice. The city or village 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 or village 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 second class or a village (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 or village and the county have a joint planning commission or joint planning department.

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1963–2025 · leading case: Johnson v. Vill. of Polk, 319 Neb. 352 (Neb. 2025).

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Johnson v. Vill. of Polk, 319 Neb. 352 (Neb. 2025). · cites it 21× “Additionally, she argues that the ordinance as applied to her preexisting farming operation located within the village’s wellhead protection area violates Neb. Rev. Stat. § 17-1001 (3) (Reissue 2022), because it interferes with the conduct of existing farming.”

State Ex Rel. City of Alma v. Furnas Cnty. Farms, 667 N.W.2d 512 (Neb. 2003). · cites it 2× “” Given that the zoning jurisdiction of a city of the second class extended only to “within one mile” of the city’s corporate limits, Neb. Rev. Stat. § 17-1001 (Reissue 1997), we determined that § 17-536 did not, under this circumstance, provide the city of Springfield authority…”

Cnty. of Sarpy v. City of Gretna, 727 N.W.2d 690 (Neb. 2007). · cites it 2× “While the shape of a tract does not determine whether it can be lawfully annexed, the lack of substantial adjacency to an existing corporate boundary precludes annexation under § 17-405.”

Sch. Dist. No. 46 v. City of Bellevue, 400 N.W.2d 229 (Neb. 1987). · cites it 4× “§ 16-901 (Reissue 1983) (2 miles for city of first class); Neb.Rev.Stat. § 17-1001 (Reissue 1983) (1 mile for city of second class and villages).”

City of Syracuse v. Farmers Elevator, Inc., 157 N.W.2d 394 (Neb. 1968). · cites it 4× “Section 17-1001, R. R. S'. 1943, provides, so far as material herein: “Cities of the second class and villages are hereby authorized and empowered to extend and apply by ordinance any existing, or hereafter enacted, zoning ordinances, property use regulation ordinances, building…”

Sarpy Cnty. v. City of Springfield, 492 N.W.2d 566 (Neb. 1992). · cites it 2× “Neb. Rev. Stat. § 17-1001 (Reissue 1991).”

Hevelone v. Thomas, 423 F. Supp. 7 (D. Neb. 1976). · cites it 2× “lleging that defendants commenced building a subdivision and development of tracts of land within one mile of the corporate limits of the Village of Springfield, without executing and securing approval of a subdivision plat, in violation of the zoning district’s regulations and…”

City of Milford v. Schmidt, 120 N.W.2d 262 (Neb. 1963). · cites it 4× “er courts; authorizing the inspection of trailer courts; to prohibit the placing, keeping, or maintaining of a trailer coach within said city, or within an area of one-half mile from the corporate limits of said city, at a location other than a duly licensed trailer court; and…”

Vill. of Springfield v. Hevelone, 236 N.W.2d 811 (Neb. 1975). · cites it 2× “Section 17-1001, R. R. S. 1943, gives villages and cities of the second class the authority to enforce zoning ordinances over an area within 1 mile of the corporate limits.”

Hedrick v. Pfeiffer, 10 F. Supp. 2d 1106 (D. Neb. 1998). “§ 17-1001 (Michie 1995) (cities of second class may not apply ordinances when such application would "prohibit, prevent, or interfere with the conduct of existing farming .”

Andrew v. Vill. of Nemaha (Neb. Ct. App. 2017). · cites it 2× “The Village of Nemaha zoning regulations include coverage of the 1-mile extraterritorial zoning jurisdiction around the Village corporate limits pursuant to Neb. Rev. Stat. § 17-1001 , which allows a village to “apply by ordinance any existing or future zoning ordinances,…”

— Neb. Rev. Stat. § 17-1001(3) — 1 case

Johnson v. Vill. of Polk, 319 Neb. 352 (Neb. 2025). “Additionally, she argues that the ordinance as applied to her preexisting farming operation located within the village’s wellhead protection area violates Neb. Rev. Stat. § 17-1001 (3) (Reissue 2022), because it interferes with the conduct of existing farming.”

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