reglab/housing_qa huggingface dataset:
NE Code § 3-311 (2021)
2021 Nebraska Revised Statutes|Chapter 3 - Aeronautics|3-311 - Zoning regulations; new or changed structure; nonconforming use; permit.

3-311.  Zoning regulations; new or changed structure; nonconforming use; permit.(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.Source   Laws 1945, c. 233, § 7(1), p. 685;  Laws 2013, LB140, § 11.
NE Code § 3-312 (2021)
2021 Nebraska Revised Statutes|Chapter 3 - Aeronautics|3-312 - Zoning regulations; property inconsistent with regulations; variance; allowance; exception.

3-312.  Zoning regulations; property inconsistent with regulations; variance; allowance; exception.Any person desiring to erect any structure, increase the height of any structure, permit the growth of any tree, or otherwise use his or her property in a manner inconsistent with the airport zoning regulations adopted under the Airport Zoning Act may apply to the board of adjustment for a variance from the zoning regulations in question. Such variances shall be allowed only if the board of adjustment makes the same findings for the granting of variances generally as set forth in subsection (2) of section 19-910, except that if the applicant demonstrates that the proposed structure or alteration of a structure does not require any modification or revision to any approach or approach procedure as approved or written by the Federal Aviation Administration on either an existing or proposed runway and the applicant provides signed documentation from the Federal Aviation Administration that the proposed structure or alteration of the structure will not require any modification or revision of any airport minimums, such documentation may constitute evidence of undue hardship and the board of adjustment may grant the requested variance without such findings. Any variance may be allowed subject to any reasonable conditions that the board of adjustment may deem necessary to effectuate the purposes of the act.Source   Laws 1945, c. 233, § 7(2), p. 686;  Laws 2013, LB140, § 12.
NE Code § 3-313 (2021)
2021 Nebraska Revised Statutes|Chapter 3 - Aeronautics|3-313 - Zoning regulations; permit or variance; hazard marking and lighting.

3-313.  Zoning regulations; permit or variance; hazard marking and lighting.In granting any permit under or variance from any airport zoning regulation adopted under the Airport Zoning Act, the administrative agency or board of adjustment may, if it deems it advisable to effectuate the purposes of the act and reasonable in the circumstances, so condition such permit or variance as to require the owner of the structure or tree in question to permit the political subdivision, at its own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard.Source   Laws 1945, c. 233, § 7(3), p. 686;  Laws 2013, LB140, § 13.
NE Code § 3-314 (2021)
2021 Nebraska Revised Statutes|Chapter 3 - Aeronautics|3-314 - Transferred to section 3-319.01.

3-314.  Transferred to section 3-319.01.
NE Code § 3-319 (2021)
2021 Nebraska Revised Statutes|Chapter 3 - Aeronautics|3-319 - Zoning regulations; provide for administration and enforcement.

3-319.  Zoning regulations; provide for administration and enforcement.All airport zoning regulations adopted under the Airport Zoning Act shall provide for the administration and enforcement of such regulations by an administrative agency which may be an agency created by such regulations or any official, board, or other existing agency of the political subdivision adopting the regulations. In the case of airport zoning regulations adopted by a joint airport zoning board, each of the political subdivisions which participated in the creation of the joint airport zoning board shall create or designate an official or an administrative agency to administer and enforce the airport zoning regulations within its respective zoning jurisdiction. The duties of any official or administrative agency designated pursuant to the act shall include that of reviewing and acting upon all applications for permits under the airport zoning regulations, but such agency shall not have or exercise any of the powers herein delegated to the board of adjustment. In no event shall such official or administrative agency be or include any member of the board of adjustment.Source   Laws 1945, c. 233, § 9, p. 687;  Laws 2013, LB140, § 14.
NE Code § 3-319.01 (2021)
2021 Nebraska Revised Statutes|Chapter 3 - Aeronautics|3-319.01 - Zoning regulations; appeal; hearing; procedure; board; duties.

3-319.01.  Zoning regulations; appeal; hearing; procedure; board; duties.(1) Any person aggrieved or taxpayer affected by any decision of an administrative agency made in its administration of airport zoning regulations adopted under the Airport Zoning Act, or any governing body of a political subdivision which is of the opinion that a decision of such an administrative agency is an improper application of airport zoning regulations of concern to such governing body, may appeal to the board of adjustment authorized to hear and decide appeals from the decisions of such administrative agency.(2) Any appeal taken under this section shall be taken within a reasonable amount of time, as provided by the rules of the board, by filing with the agency from which the appeal is taken and with the board, a notice of appeal specifying the grounds thereof. The agency from which the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.(3) An appeal shall stay any proceeding in furtherance of the action appealed from, unless the agency from which the appeal is taken certifies to the board, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such cases the proceedings shall not be stayed except by an order of the board after notice to the agency from which the appeal is taken and upon due cause shown.(4) The board shall fix a reasonable time for the hearing of appeals, give public notice thereof, give due notice to the parties in interest, and decide the appeal within sixty days after the date of filing such appeal. Any party may appear in person or by an agent or attorney at the hearing.Source   Laws 1945, c. 233, § 8(1), p. 686;   R.S.1943, (2012), § 3-314;  Laws 2013, LB140, § 15.
NE Code § 3-320 (2021)
2021 Nebraska Revised Statutes|Chapter 3 - Aeronautics|3-320 - Zoning regulations; board of adjustment; members; terms; powers.

3-320.  Zoning regulations; board of adjustment; members; terms; powers.(1) All airport zoning regulations adopted under the Airport Zoning Act shall provide for a board of adjustment to have and exercise the following powers:(a) To hear and decide appeals from any order, requirement, decision, or determination made by the administrative agency in the enforcement of the airport zoning regulations;(b) To hear and decide any special exceptions to the terms of the airport zoning regulations upon which such board may be required to pass under such regulations; and(c) To hear and decide petitions for variances from the strict application of airport zoning regulations.(2) A board of adjustment shall consist of five regular members, each to be appointed for a term of three years by the political subdivision or joint airport zoning board adopting the regulations. Any member thereof may be removed by the appointing authority for cause, upon written charges and after a public hearing. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of the administrative agency or to decide in favor of the applicant on any matter upon which the board is required to pass under the airport zoning regulations or to effect any variation in such regulations.(3) The board of adjustment may, consistent with the Airport Zoning Act, reverse or affirm wholly or partly or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as it deems right and proper under the circumstances.(4) A board of adjustment, board of zoning appeals, or similar zoning appeals board that exists on September 6, 2013, may be designated as and shall exercise the power of the board of adjustment for airport zoning regulations as required by this section.Source   Laws 1945, c. 233, § 10(1), p. 688;  Laws 2013, LB140, § 16.
NE Code § 3-323 (2021)
2021 Nebraska Revised Statutes|Chapter 3 - Aeronautics|3-323 - Board of adjustment; adopt rules; meetings; oaths; public hearings; record of proceedings.

3-323.  Board of adjustment; adopt rules; meetings; oaths; public hearings; record of proceedings.The board shall adopt rules in accordance with the provisions of the ordinance or resolution by which it was created. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All hearings of the board shall be public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact. It shall also keep records of its examinations and other official actions. Such minutes and records shall immediately be filed in the office of the board and be a public record.Source  Laws 1945, c. 233, § 10(4), p. 688.
NE Code § 3-324 (2021)
2021 Nebraska Revised Statutes|Chapter 3 - Aeronautics|3-324 - Board of adjustment; judicial review; petition; grounds.

3-324.  Board of adjustment; judicial review; petition; grounds.Any (1) person aggrieved or taxpayer affected by any decision of a board of adjustment, (2) governing body of a political subdivision, or (3) joint airport zoning board, which is of the opinion that a decision of a board of adjustment is arbitrary or capricious, illegal, or unsupported by evidence, may obtain judicial review of such decision by filing a petition in error in the district court of the county in which the structure or tree that is the subject of the decision is located. The filing of and proceeding on the petition in error shall be in accordance with sections 25-1901 to 25-1937.Source   Laws 1945, c. 233, § 11(1), p. 689;  Laws 2013, LB140, § 17.
NE Code § 3-328 (2021)
2021 Nebraska Revised Statutes|Chapter 3 - Aeronautics|3-328 - Judicial review; costs.

3-328.  Judicial review; costs.Costs shall not be allowed against the board of adjustment unless it appears to the court that it acted with gross negligence, in bad faith or with malice in making the decision appealed from.Source  Laws 1945, c. 233, § 11(5), p. 690.
NE Code § 3-329 (2021)
2021 Nebraska Revised Statutes|Chapter 3 - Aeronautics|3-329 - Judicial review; effect of decision on other structures.

3-329.  Judicial review; effect of decision on other structures.In any case in which airport zoning regulations adopted under the Airport Zoning Act, although generally reasonable, are held by a court to interfere with the use or enjoyment of a particular structure or parcel of land to such an extent or to be so onerous in their application to such a structure or parcel of land as to constitute a taking or deprivation of that property in violation of the Constitution of Nebraska or the Constitution of the United States, such holding shall not affect the application of such regulations to other structures and parcels of land.Source   Laws 1945, c. 233, § 11(6), p. 690;  Laws 2013, LB140, § 18.
NE Code § 3-330 (2021)
2021 Nebraska Revised Statutes|Chapter 3 - Aeronautics|3-330 - Violation; penalty; injunctions.

3-330.  Violation; penalty; injunctions.Each violation of the Airport Zoning Act or of any regulations, orders, or rulings promulgated or made pursuant to the act shall constitute a Class IV misdemeanor. Each day a violation continues to exist shall constitute a separate offense. In addition, the political subdivision or agency adopting zoning regulations under the act may institute, in any court of competent jurisdiction, an action to prevent, restrain, correct, or abate any violation of (1) the act, (2) airport zoning regulations adopted under the act, or (3) any order or ruling made in connection with the administration or enforcement of the act or such regulations. The court in such proceedings shall adjudge to the plaintiff such relief by way of injunction, which may be mandatory or otherwise, as may be proper under all the facts and circumstances of the case in order to fully effectuate the purposes of the act and of the regulations adopted and orders and rulings made pursuant thereto.Source   Laws 1945, c. 233, § 12, p. 690;   Laws 1977, LB 40, § 30;  Laws 2013, LB140, § 19.
NE Code § 3-331 (2021)
2021 Nebraska Revised Statutes|Chapter 3 - Aeronautics|3-331 - Acquisition of property interest; purchase; grant; condemnation; procedure.

3-331.  Acquisition of property interest; purchase; grant; condemnation; procedure.In any case in which (1) it is desired to remove, lower, or otherwise terminate a nonconforming structure or use, (2) the approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations under the Airport Zoning Act, or (3) it appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations, the political subdivision within which the property or nonconforming use is located or the political subdivision owning or operating the airport or served by it may acquire by purchase, grant, or condemnation, such air right, aviation easement, or other estate or interest in the property or nonconforming structure or use in question as may be necessary to effectuate the purposes of the act. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.Source   Laws 1945, c. 233, § 13, p. 691;   Laws 1951, c. 101, § 30, p. 460;  Laws 2013, LB140, § 20.
NE Code § 3-332 (2021)
2021 Nebraska Revised Statutes|Chapter 3 - Aeronautics|3-332 - Division of Aeronautics; municipalities and political subdivisions; assist in planning and developing.

3-332.  Division of Aeronautics; municipalities and political subdivisions; assist in planning and developing.The Division of Aeronautics of the Department of Transportation may aid and assist municipalities and other political subdivisions of the state in planning, developing, and carrying out programs for airport zoning in order to secure uniformity therein as far as possible.Source   Laws 1945, c. 233, § 16, p. 691;  Laws 2017, LB339, § 64.
NE Code § 3-333 (2021)
2021 Nebraska Revised Statutes|Chapter 3 - Aeronautics|3-333 - Act, how cited.

3-333.  Act, how cited.Sections 3-301 to 3-333 shall be known and may be cited as the Airport Zoning Act.Source   Laws 1945, c. 233, § 15, p. 691;  Laws 2013, LB140, § 21.
NE Code § 3-401 (2021)
2021 Nebraska Revised Statutes|Chapter 3 - Aeronautics|3-401 - Obstructions to air navigation; regulation; purpose.

3-401.  Obstructions to air navigation; regulation; purpose.There is hereby recognized, declared, and found (1) to exist, in behalf of the citizens of the United States, a public right of freedom of transit in air commerce through the air space of the State of Nebraska, (2) that any obstruction to air navigation (a) interferes with the public right of freedom of transit in air commerce, (b) endangers the lives and property of those using the air space for travel and transportation by air, and (c) endangers the lives and property of the occupants of land in the State of Nebraska, and (3) that the public health, safety, and welfare require that the erection and maintenance of obstructions to air navigation be regulated and controlled.Source  Laws 1955, c. 7, § 1, p. 67.
NE Code § 3-402 (2021)
2021 Nebraska Revised Statutes|Chapter 3 - Aeronautics|3-402 - Terms, defined.

3-402.  Terms, defined.As used in sections 3-401 to 3-409, unless the context otherwise requires:(1) Meteorological evaluation tower means an anchored structure, including all guy wires and accessory facilities, on which one or more meteorological instruments are mounted for the purpose of meteorological data collection;(2) Obstruction means any structure which obstructs the air space required for the flight of aircraft and in the landing and taking off of aircraft at any airport or restricted landing area;(3) Person means any public utility, public district, or other governmental division or subdivision or any person, corporation, partnership, or limited liability company;(4) Structure means any manmade object which is built, constructed, projected, or erected upon, from, and above the surface of the earth, including, but not limited to, towers, antennas, buildings, wires, cables, and chimneys; and(5) Terrain flight training area means an area established by the Nebraska National Guard within which military and related flight training is conducted using rotary-wing aircraft and which existed as of July 19, 2018.Source   Laws 1955, c. 7, § 2, p. 68;   Laws 1993, LB 121, § 85;  Laws 2015, LB469, § 5;  Laws 2018, LB901, § 1.
NE Code § 3-403 (2021)
2021 Nebraska Revised Statutes|Chapter 3 - Aeronautics|3-403 - Structures; erection, maintenance in excess of one hundred fifty feet; permit required.

3-403.  Structures; erection, maintenance in excess of one hundred fifty feet; permit required.It shall be unlawful for any person, firm, or corporation, without having first applied for and obtained a permit in writing from the Division of Aeronautics of the Department of Transportation, to build, erect, or maintain any structure within the State of Nebraska, the height of which exceeds one hundred fifty feet above the surface of the ground at point of installation.Source   Laws 1955, c. 7, § 3, p. 68;   Laws 1963, c. 17, § 1, p. 96;  Laws 2017, LB339, § 65.
NE Code § 3-405 (2021)
2021 Nebraska Revised Statutes|Chapter 3 - Aeronautics|3-405 - Appeal; procedure.

3-405.  Appeal; procedure.Any person aggrieved by any action of the Division of Aeronautics of the Department of Transportation in granting or denying a permit under the terms of sections 3-401 to 3-409 may appeal the action, and the appeal shall be in accordance with the Administrative Procedure Act.Source   Laws 1955, c. 7, § 5, p. 69;   Laws 1988, LB 352, § 9;  Laws 2017, LB339, § 67.  Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 3-406 (2021)
2021 Nebraska Revised Statutes|Chapter 3 - Aeronautics|3-406 - Existing structures; structures erected under authority of federal or state agency; zoning regulations; applicability of sections.

3-406.  Existing structures; structures erected under authority of federal or state agency; zoning regulations; applicability of sections.The provisions of sections 3-403 to 3-405 shall not apply to structures hereafter erected under the authority of a license or permit issued by a federal agency or other state agency now having specific statutory jurisdiction over the air space, including authority to prohibit or regulate the height of structures for the promotion of safety in aviation, nor to existing structures. Nothing in sections 3-401 to 3-409 shall be construed to limit or abridge any right, power, or authority to zone property under the provisions of any other law of this state or of the federal government except, that in the event of any conflict between the regulations for height limits of structures, lighting, and marking adopted under the provisions of sections 3-401 to 3-409, and any other regulations applicable to the same area, the more stringent limitation or requirement shall govern and prevail.Source  Laws 1955, c. 7, § 6, p. 69.
NE Code § 3-407 (2021)
2021 Nebraska Revised Statutes|Chapter 3 - Aeronautics|3-407 - Structures; lighting; rules and regulations; division adopt.

3-407.  Structures; lighting; rules and regulations; division adopt.All structures outside the corporate limits of cities and villages, exceeding a height of two hundred feet above the surface of the ground, and all structures within the corporate limits of cities and villages exceeding a height of five hundred feet shall be marked and lighted in accordance with rules and regulations adopted and promulgated by the Division of Aeronautics of the Department of Transportation. The division may adopt and promulgate rules and regulations for the marking and lighting of such structures in a manner calculated to prevent collisions with such structures by aircraft. It shall be the duty of the persons, firms, and corporations owning, maintaining, or using such structures to provide and maintain such marking and lighting.Source   Laws 1955, c. 7, § 7, p. 70;   Laws 1993, LB 472, § 1;  Laws 2017, LB339, § 68.
NE Code § 3-408 (2021)
2021 Nebraska Revised Statutes|Chapter 3 - Aeronautics|3-408 - Violations; penalty.

3-408.  Violations; penalty.Any person, firm, or corporation (1) violating any of the provisions of sections 3-401 to 3-409, (2) submitting false information in the application for a permit, (3) violating any rule or regulation adopted and promulgated by the Division of Aeronautics of the Department of Transportation pursuant to sections 3-401 to 3-409, (4) failing to do and perform any act required by sections 3-401 to 3-409, or (5) violating the terms of any permit issued pursuant to sections 3-401 to 3-409, shall be guilty of a Class III misdemeanor. Each day any violation continues or any structure erected in violation of sections 3-401 to 3-409 shall continue in existence shall constitute a separate offense.Source   Laws 1955, c. 7, § 8, p. 70;   Laws 1977, LB 40, § 31;  Laws 2015, LB469, § 7;  Laws 2017, LB339, § 70.