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

Neb. Rev. Stat. § 3-311 (2026)

Zoning regulations; new or changed structure; nonconforming use; permit

✓ current as of July 2026
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(1) Airport zoning regulations adopted under the Airport Zoning Act may require that a permit be obtained before any new structure or use may be constructed or established and before any existing use or structure may be substantially changed, altered, or repaired.

(2) Except as provided in subsection (3) of this section for certain electric facilities, all airport zoning regulations adopted under the act shall provide that before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted, a permit authorizing any replacement, alteration, repair, reconstruction, growth, or replanting must be secured from the administrative agency authorized to administer and enforce the regulations. A permit shall be granted under this subsection if the applicant shows that the replacement, alteration, repair, reconstruction, growth, or replanting of the nonconforming structure, tree, or nonconforming use would not result in an increase in height or a greater hazard to air navigation than the condition that existed when the applicable regulation was adopted. For nonconforming structures other than electric facilities, no permit under this subsection shall be required for repairs necessitated by fire, explosion, act of God, or the common enemy or for repairs which do not involve expenditures exceeding more than sixty percent of the fair market value of the nonconforming structure, so long as the height of the nonconforming structure is not increased over its preexisting height.

(3) An electric supplier owning or operating an electric facility made nonconforming by the adoption of airport zoning regulations under the Airport Zoning Act may, without a permit or other approval by the political subdivision adopting such regulations, repair, reconstruct, or replace such electric facility if the height of such electric facility is not increased over its preexisting height. Any construction, repair, reconstruction, or replacement of an electric facility, the height of which will exceed the preexisting height of such electric facility, shall require a permit from the political subdivision adopting such regulations. The permit shall be granted only upon a showing that the excess height of the electric facility will not establish or create an airport hazard or become a greater hazard to air navigation than the electric facility that previously existed.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2010–2021 · leading case: State Ex Rel. Couns. for Dis. v. GILNER, 783 N.W.2d 790 (Neb. 2010).
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State Ex Rel. Couns. for Dis. v. GILNER, 783 N.W.2d 790 (Neb. 2010). “On May 22, this court granted the application of the Committee on Inquiry of the Second Disciplinary District and ordered that respondent be placed on disability status pursuant to § 3-311(D). The court further ordered that all pending proceedings in this case should be held in…”
Paulsen v. Westerby (Bankr. D. Neb. 2021). “Under Nebraska law, a “claim is discharged if the person against whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim.”
In re Petition for Rule to Create Vol. State Bar Assn. (Neb. 2013). “§ 3-311. Disability inactive status: Incompetency or incapacity.”
— Neb. Rev. Stat. § 3-311(D) — 1 case
State Ex Rel. Couns. for Dis. v. GILNER, 783 N.W.2d 790 (Neb. 2010). “On May 22, this court granted the application of the Committee on Inquiry of the Second Disciplinary District and ordered that respondent be placed on disability status pursuant to § 3-311(D). The court further ordered that all pending proceedings in this case should be held in…”
— Neb. Rev. Stat. § 3-311(b) — 1 case
Paulsen v. Westerby (Bankr. D. Neb. 2021). “Under Nebraska law, a “claim is discharged if the person against whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim.”
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