Neb. Rev. Stat. » Chapter 3
Nebraska Revised Statutes

Neb. Rev. Stat. § 3-310 (2026)

Zoning regulations; nonconforming use; exception

✓ current as of July 2026
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(1) No airport zoning regulations adopted under the Airport Zoning Act shall require the removal, lowering, or other change or alteration of any existing structure or tree not conforming to the regulations when adopted or amended or otherwise interfere with the continuance of any nonconforming use, except as provided in section 3-311.

(2) Any structure that has not yet been constructed but that has received, prior to August 1, 2013, zoning approval from the political subdivision exercising zoning jurisdiction over such structure may be constructed and shall thereafter be considered an existing structure for purposes of this section.

Notes of Decisions
Cited in 34 cases (10 in the last 5 years), 1995–2025 · leading case: State ex rel. Couns. for Discipline of the Neb. Supreme Court v. Nimmer, 916 N.W.2d 732 (Neb. 2018).
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State Ex Rel. Couns. for Discipline of the Neb. Supreme Court v. Wolfe, 301 Neb. 117 (Neb. 2018). · cites it 3× “See, also, § 3-310(N) of the disciplinary rules. With respect to the imposition of attorney discipline in an individual case, we evaluate each attorney discipline case in light of its particular facts and circumstances.”
State ex rel. Couns. for Discipline of the Neb. Supreme Court v. Nimmer, 916 N.W.2d 732 (Neb. 2018). · cites it 3× “§ 3-310(C). See § 3-310(J). Id. Id. § 3-310(L).”
State Ex Rel. Couns. for Discipline of the Neb. Supreme Court v. Troshynski, 300 Neb. 763 (Neb. 2018). · cites it 2× “See, also, § 3-310(N) of the disciplinary rules. With respect to the imposition of attorney discipline in an individual case, each attorney discipline case must be evaluated in light of its particular facts and circumstances.”
State ex re. Couns. for Dis. v. Island, 296 Neb. 624 (Neb. 2017). · cites it 4× “624 § 3-310(L) (rev. 2014) of the disciplinary rules.”
State ex rel. Couns. for Dis. v. Jorgenson, 298 Neb. 855 (Neb. 2018). · cites it 3× “On July 6, relator filed a motion for judgment on the pleadings pursu- ant to § 3-310(I), which we granted on August 8, limited as to the facts.”
State Ex Rel. Couns. for Discip. v. Nich, 780 N.W.2d 638 (Neb. 2010). · cites it 2× “When no exceptions to the referee's findings of fact are filed by either party in an attorney discipline proceeding, the Nebraska Supreme Court may, in its discretion, consider the referee's findings final and conclusive.”
State Ex Rel. Couns. for Discipline of Nebraska Supreme Court v. Davis, 760 N.W.2d 928 (Neb. 2008). · cites it 2× “See, also, § 3-310(N). With respect to the imposition of attorney discipline in an individual case, we have stated that each attorney discipline case must be evaluated individually in light of its particular facts and circumstances.”
State ex rel. Couns. for Dis. v. Campbell, 318 Neb. 23 (Neb. 2024). · cites it 3× “As noted above, § 3-310, which sometimes requires a hear- ing before a referee, contemplates procedural steps that begin with the filing of formal charges by the Counsel for Discipline against the respondent.”
State ex rel. Couns. for Dis. v. Gast, 298 Neb. 203 (Neb. 2017). “§§ 7-114 and 7-115 (Reissue 2012) and § 3-310(P) and Neb. Ct. R. § 3-323(B) of the discipli­ nary rules within 60 days after an order imposing costs and expenses, if any, is entered by the court.”
State ex rel. Couns. for Dis. v. Nelson, 971 N.W.2d 777 (Neb. 2022). “§§ 7-114 and 7-115 (Reissue 2012), § 3-310(P), and Neb. Ct. R. § 3-323 within 60 days after an order imposing costs and expenses, if any, is entered by the court.”
State ex rel. Couns. for Dis. v. Miller, 316 Neb. 899 (Neb. 2024). “§§ 7-114 and 7-115 (Reissue 2022), as well as § 3-310(P) and Neb. Ct. R. § 3-323(B) of the disciplinary rules, within 60 days after an order imposing costs and expenses, if any, is entered by the court.”
State ex rel. Couns. for Dis. v. Birch, 309 Neb. 79 (Neb. 2021). · cites it 2× “See, also, § 3-310(N) of the disciplinary rules. With respect to the imposition of attorney discipline in an individual case, we evaluate each attorney discipline case in light of its particular facts and circumstances.”
Show all 34 citing cases →
— Neb. Rev. Stat. § 3-310(C) — 2 cases
State ex rel. Couns. for Discipline of the Neb. Supreme Court v. Nimmer, 916 N.W.2d 732 (Neb. 2018). “§ 3-310(C). See § 3-310(J). Id. Id. § 3-310(L).”
State ex rel. Couns. for Dis. v. Nimmer, 300 Neb. 906 (Neb. 2018).
— Neb. Rev. Stat. § 3-310(I) — 1 case
State ex rel. Couns. for Dis. v. Jorgenson, 298 Neb. 855 (Neb. 2018). “On July 6, relator filed a motion for judgment on the pleadings pursu- ant to § 3-310(I), which we granted on August 8, limited as to the facts.”
— Neb. Rev. Stat. § 3-310(J) — 3 cases
State ex rel. Couns. for Discipline of the Neb. Supreme Court v. Nimmer, 916 N.W.2d 732 (Neb. 2018). “§ 3-310(C). See § 3-310(J). Id. Id. § 3-310(L).”
State ex rel. Couns. for Dis. v. Campbell, 318 Neb. 23 (Neb. 2024). “As noted above, § 3-310, which sometimes requires a hear- ing before a referee, contemplates procedural steps that begin with the filing of formal charges by the Counsel for Discipline against the respondent.”
State ex rel. Couns. for Dis. v. Nimmer, 300 Neb. 906 (Neb. 2018).
— Neb. Rev. Stat. § 3-310(L) — 8 cases
State ex rel. Couns. for Discipline of the Neb. Supreme Court v. Nimmer, 916 N.W.2d 732 (Neb. 2018). “§ 3-310(C). See § 3-310(J). Id. Id. § 3-310(L).”
State ex re. Couns. for Dis. v. Island, 296 Neb. 624 (Neb. 2017). “624 § 3-310(L) (rev. 2014) of the disciplinary rules.”
State Ex Rel. Couns. for Discip. v. Nich, 780 N.W.2d 638 (Neb. 2010). “When no exceptions to the referee's findings of fact are filed by either party in an attorney discipline proceeding, the Nebraska Supreme Court may, in its discretion, consider the referee's findings final and conclusive.”
State ex rel. Couns. for Dis. v. Barfield, 305 Neb. 79 (Neb. 2020).
State ex rel. Couns. for Dis. v. Ubbinga, 893 N.W.2d 694 (Neb. 2017).
— Neb. Rev. Stat. § 3-310(N) — 13 cases
State Ex Rel. Couns. for Discipline of the Neb. Supreme Court v. Wolfe, 301 Neb. 117 (Neb. 2018). “See, also, § 3-310(N) of the disciplinary rules. With respect to the imposition of attorney discipline in an individual case, we evaluate each attorney discipline case in light of its particular facts and circumstances.”
State Ex Rel. Couns. for Discipline of the Neb. Supreme Court v. Troshynski, 300 Neb. 763 (Neb. 2018). “See, also, § 3-310(N) of the disciplinary rules. With respect to the imposition of attorney discipline in an individual case, each attorney discipline case must be evaluated in light of its particular facts and circumstances.”
State ex re. Couns. for Dis. v. Island, 296 Neb. 624 (Neb. 2017). “624 § 3-310(L) (rev. 2014) of the disciplinary rules.”
State ex rel. Couns. for Dis. v. Jorgenson, 298 Neb. 855 (Neb. 2018). “On July 6, relator filed a motion for judgment on the pleadings pursu- ant to § 3-310(I), which we granted on August 8, limited as to the facts.”
State Ex Rel. Couns. for Discipline of Nebraska Supreme Court v. Davis, 760 N.W.2d 928 (Neb. 2008). “See, also, § 3-310(N). With respect to the imposition of attorney discipline in an individual case, we have stated that each attorney discipline case must be evaluated individually in light of its particular facts and circumstances.”
— Neb. Rev. Stat. § 3-310(P) — 30 cases
State Ex Rel. Couns. for Discipline of the Neb. Supreme Court v. Wolfe, 301 Neb. 117 (Neb. 2018). “See, also, § 3-310(N) of the disciplinary rules. With respect to the imposition of attorney discipline in an individual case, we evaluate each attorney discipline case in light of its particular facts and circumstances.”
State Ex Rel. Couns. for Discipline of the Neb. Supreme Court v. Troshynski, 300 Neb. 763 (Neb. 2018). “See, also, § 3-310(N) of the disciplinary rules. With respect to the imposition of attorney discipline in an individual case, each attorney discipline case must be evaluated in light of its particular facts and circumstances.”
State ex re. Couns. for Dis. v. Island, 296 Neb. 624 (Neb. 2017). “624 § 3-310(L) (rev. 2014) of the disciplinary rules.”
State ex rel. Couns. for Dis. v. Jorgenson, 298 Neb. 855 (Neb. 2018). “On July 6, relator filed a motion for judgment on the pleadings pursu- ant to § 3-310(I), which we granted on August 8, limited as to the facts.”
State ex rel. Couns. for Dis. v. Gast, 298 Neb. 203 (Neb. 2017). “§§ 7-114 and 7-115 (Reissue 2012) and § 3-310(P) and Neb. Ct. R. § 3-323(B) of the discipli­ nary rules within 60 days after an order imposing costs and expenses, if any, is entered by the court.”
— Neb. Rev. Stat. § 3-310(T) — 1 case
State ex rel. Couns. for Dis. v. Glass, 320 Neb. 201 (Neb. 2025).
— Neb. Rev. Stat. § 3-310(a) — 1 case
Matter of Wegener, 186 B.R. 692 (Bankr. D. Neb. 1995).
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