reglab/housing_qa huggingface dataset:
NE Code § 2-4325 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-4325 - Director; enforcement of act; inspections; testing; methods of analysis; results; distribution.

2-4325.  Director; enforcement of act; inspections; testing; methods of analysis; results; distribution.(1) To enforce the Agricultural Liming Materials Act or the rules and regulations adopted pursuant to the act, the director may:(a) For purposes of inspection, enter any location, vehicle, or both in which agricultural liming materials are manufactured, processed, packed, transported, or held for distribution during normal business hours, except that in the event such locations and vehicles are not open to the public, the director shall present his or her credentials and obtain consent before making entry thereto unless a search warrant has previously been obtained. Credentials shall not be required for each entry made during the period covered by the inspection. The person in charge of the location or vehicle shall be notified of the completion of the inspection. If the owner of such location or vehicle or his or her agent refuses to admit the director to inspect pursuant to this section, the director may obtain a search warrant from a court of competent jurisdiction directing such owner or agent to submit the location, vehicle, or both as described in such search warrant to inspection;(b) Inspect any location or vehicle described in this subsection, all pertinent equipment, finished and unfinished materials, containers and labeling, all records, books, papers, and documents relating to the distribution and production of agricultural liming materials, and other information necessary for the enforcement of the act;(c) Obtain samples of agricultural liming materials. The owner, operator, or agent in charge shall be given a receipt describing the samples obtained; and(d) Make analyses of and test samples obtained pursuant to subdivision (c) of this subsection to determine whether such agricultural liming materials are in compliance with the act.For purposes of this subsection, location shall include a factory, warehouse, or establishment.(2) Sampling and analysis shall be conducted in accordance with methods published by the AOAC International or in accordance with other generally recognized methods.(3) The results of official analyses of agricultural liming materials and portions of official samples shall be distributed by the department as provided in the rules and regulations.Source   Laws 1981, LB 396, § 25;   Laws 1983, LB 539, § 9;   Laws 1992, LB 366, § 6;   Laws 1993, LB 267, § 1.
NE Code § 2-4326 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-4326 - Director; department; enforcement; orders; seizure of material; procedure.

2-4326.  Director; department; enforcement; orders; seizure of material; procedure.(1) When the director has reasonable cause to believe agricultural liming materials are being sold in violation of the Agricultural Liming Materials Act or the rules and regulations adopted and promulgated pursuant to the act, he or she may issue and enforce a written or printed stop-sale, stop-use, or removal order to the owner or custodian of any lot of agricultural liming material. The department may order the owner or custodian to hold such material at a designated place when the department finds such material is being offered or exposed for sale by the owner or custodian in violation of the act or the rules and regulations. Such material shall be released when the act or the rules and regulations have been complied with, such violations have otherwise been legally disposed of in writing, and all costs and expense incurred in connection with such material's holding have been paid. This section shall not apply if the owner or custodian is the ultimate consumer of the agricultural liming material and he or she has title to such materials.(2) Any agricultural liming materials not in compliance with the act or the rules and regulations shall be subject to seizure on complaint of the director to a court of competent jurisdiction in the area in which the agricultural liming materials are located. If the court finds the agricultural liming materials to be in violation of the act or the rules and regulations and orders the condemnation of the agricultural liming materials, such agricultural liming materials shall be disposed of in any manner consistent with the quality of the agricultural liming materials and the laws of the State of Nebraska. The court shall not order disposition without first giving the claimant an opportunity to apply to the court for release of the agricultural liming materials or for permission to process or relabel such product to bring it into compliance with the act.Source   Laws 1981, LB 396, § 26;   Laws 1983, LB 539, § 10;   Laws 1988, LB 871, § 27;  Laws 2015, LB92, § 3.
NE Code § 2-4327 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-4327 - Violations; penalty; written warning; Attorney General or county attorney; duties; enforcement; appeal.

2-4327.  Violations; penalty; written warning; Attorney General or county attorney; duties; enforcement; appeal.(1) Any person violating the Agricultural Liming Materials Act shall be guilty of a Class IV misdemeanor upon the first conviction thereof, and a Class II misdemeanor for each subsequent conviction thereof.(2) Nothing in the act shall be construed to require the director or his or her duly authorized agent to report a violation in order to prosecute or to institute seizure proceedings as a result of minor violations of the act when he or she believes that the public interest will best be served by a suitable written warning to the violator.(3) The Attorney General or the county attorney of the county in which any violation occurs or is about to occur, when notified by the department of such violation or threatened violation, shall pursue appropriate proceedings pursuant to section 2-4326 or this section or both without delay.(4) In order to insure compliance with the act, the department may apply for a restraining order, a temporary or permanent injunction, or a mandatory injunction against any person violating or threatening to violate the act or the rules and regulations adopted and promulgated pursuant to the act. The district court of the county where the violation is occurring or is about to occur shall have jurisdiction to grant such relief upon good cause shown. Relief may be granted notwithstanding the existence of any other remedy at law and shall be granted without bond.(5) Any person adversely affected by an action, order, or ruling made by the department pursuant to the act may appeal the action, order, or ruling, and the appeal shall be in accordance with the Administrative Procedure Act.Source   Laws 1981, LB 396, § 27;  Laws 2015, LB92, § 4.  Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 2-4401 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-4401 - Act, how cited.

2-4401.  Act, how cited.Sections 2-4401 to 2-4404 shall be known and may be cited as the Nebraska Right to Farm Act.Source  Laws 1982, LB 668, § 1.
NE Code § 2-4402 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-4402 - Terms, defined.

2-4402.  Terms, defined.As used in the Nebraska Right to Farm Act, unless the context otherwise requires:(1) Farm or farm operation means any tract of land over ten acres in area used for or devoted to the commercial production of farm products;(2) Farm product means those plants and animals useful to man and includes, but is not limited to, forages and sod crops, grains and feed crops, dairy and dairy products, poultry and poultry products, livestock, including breeding and grazing, fruits, vegetables, flowers, seeds, grasses, trees, fish, apiaries, equine and other similar products, or any other product which incorporates the use of food, feed, fiber, or fur; and(3) Public grain warehouse or public grain warehouse operation means any grain elevator building or receptacle in which grain is held for longer than ten days and includes, but is not limited to, all buildings, elevators, and warehouses consisting of one or more warehouse sections within the confines of a city, township, county, or state that are considered a single delivery point with the capability to receive, load out, weigh, and store grain.Source   Laws 1982, LB 668, § 2;   Laws 1998, LB 1193, § 6.
NE Code § 2-4403 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-4403 - Farm; farm operation; public grain warehouse; public grain warehouse operation; not a nuisance; when; suit; limitation.

2-4403.  Farm; farm operation; public grain warehouse; public grain warehouse operation; not a nuisance; when; suit; limitation.(1) A farm or farm operation or a public grain warehouse or public grain warehouse operation shall not be found to be a public or private nuisance if the farm or farm operation or public grain warehouse or public grain warehouse operation existed before a change in the land use or occupancy of land in and about the locality of such farm or farm operation or public grain warehouse or public grain warehouse operation and before such change in land use or occupancy of land the farm or farm operation or public grain warehouse or public grain warehouse operation would not have been a nuisance.(2) No suit shall be maintained against a farm or farm operation or public grain warehouse or public grain warehouse operation for public or private nuisance more than two years after the condition which is the subject matter of the suit reaches a level of offense sufficient to sustain a claim of nuisance.(3) The limitation provided for in this section shall not apply to any action brought to determine compliance with or to enforce a previous order of a court related to the same claim of nuisance or to any claims for additional damages or equitable relief available when a farm or farm operation or public grain warehouse or public grain warehouse operation fails to remediate a nuisance pursuant to such court order.Source   Laws 1982, LB 668, § 3;   Laws 1998, LB 1193, § 7;  Laws 2019, LB227, § 1.  Annotations  This section, as amended by 1998 Neb. Laws, LB1193, contains no language evidencing an intent that it should be applied retrospectively and thus operates prospectively only. Soukop v. ConAgra, Inc., 264 Neb. 1015, 653 N.W.2d 655 (2002). The Nebraska Right to Farm Act applies only where there has been a change in land use or occupancy of land in and about the locality of such farm or farm operation, not where the change has taken place on the farm itself. Flansburgh v. Coffey, 220 Neb. 381, 370 N.W.2d 127 (1985).
NE Code § 2-4404 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-4404 - Applicability of other statutes.

2-4404.  Applicability of other statutes.The Nebraska Right to Farm Act shall not affect the application of state and federal statutes.Source   Laws 1982, LB 668, § 4;  Laws 2019, LB227, § 2.
NE Code § 2-4601 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-4601 - Act, how cited.

2-4601.  Act, how cited.Sections 2-4601 to 2-4613 shall be known and may be cited as the Erosion and Sediment Control Act.Source  Laws 1986, LB 474, § 1.
NE Code § 2-4602 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-4602 - Legislative findings.

2-4602.  Legislative findings.The Legislature recognizes that erosion and sedimentation are serious problems throughout the state. Changes in farm and ranch enterprises, operations, and ownership, demands made upon farm and ranch enterprises which do not encourage sound resource utilization, rapid shifts in land use from agricultural and rural to nonagricultural and urban uses, construction of streets, highways, pipelines, recreation areas, schools and universities, public utilities and facilities, conversion of grasslands to croplands, and other land-disturbing activities have caused excessive wind erosion and water runoff and accelerated the process of soil erosion and sediment deposition. This has resulted in the pollution of the waters of the state and damage to domestic, agricultural, industrial, recreational, fish and wildlife, and other resources. It is declared to be the policy of the state to strengthen and extend the present erosion and sediment control activities and programs of the state for both rural and urban lands, to improve water quality, and to establish and implement, through the Director of Natural Resources and the Nebraska Natural Resources Commission, a statewide, comprehensive, and coordinated erosion and sediment control program to reduce damage from wind erosion and storm water runoff, to retard nonpoint pollution from sediment and related pollutants, and to conserve and protect land, air, and other resources of the state. This program shall be carried out by the natural resources districts in cooperation with the counties, municipalities, and other local governments and political subdivisions of the state and other public and private entities.Source  Laws 1986, LB 474, § 2.
NE Code § 2-4604 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-4604 - State program; director; duties; program contents; revisions; hearings.

2-4604.  State program; director; duties; program contents; revisions; hearings.(1) The director shall, in cooperation with the commission, the Department of Environment and Energy, the Natural Resources Conservation Service of the United States Department of Agriculture, and other appropriate state and federal agencies, develop and coordinate a comprehensive state erosion and sediment control program designed to reduce soil erosion in this state to tolerable levels. The program, which shall be reasonable and attainable, shall include:(a) The soil-loss tolerance level for the various types of soils in the state;(b) State goals and a state strategy for reducing soil losses on all lands in the state to an amount no more than the applicable soil-loss tolerance level;(c) Guidelines for establishing priorities for implementation of the program at the state and local levels;(d) Types of assistance to be provided by the state to districts, cities, and counties in the implementation of the state and local erosion and sediment control programs; and(e) Such other elements as the director deems appropriate in accordance with the objectives of the Erosion and Sediment Control Act, including any recommendations for further legislative or administrative action.(2) The state erosion and sediment control program may be revised by the director and the commission at any time. Before approving any such changes, the director and the commission shall conduct at least four public hearings or meetings to receive information from interested persons in different parts of the state.Source   Laws 1986, LB 474, § 4;   Laws 1993, LB 3, § 5;  Laws 2015, LB206, § 2;  Laws 2019, LB302, § 14.
NE Code § 2-4605 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-4605 - District program; contents; review.

2-4605.  District program; contents; review.(1) Each district shall, with the approval of the director, adopt a district program for implementation of the state erosion and sediment control program. Each district's program shall include the:(a) Soil-loss tolerance levels for the various types of soils in the district. The soil-loss tolerance levels shall be adopted and promulgated as rules and regulations and may be more but not less stringent than those adopted by the director. It is the intent of the Legislature that no land within the state be assigned a soil-loss tolerance level that cannot reasonably be applied to such land;(b) Recommended erosion or sediment control practices and soil and water conservation practices which are suitable for controlling erosion and sedimentation within the district; and(c) Programs, procedures, and methods the district plans to adopt and employ to implement the state erosion and sediment control program. Each district may subsequently amend or modify the program as necessary, subject to the approval of the director.(2) The director with the advice and recommendation of the commission shall review each district's program and all amendments thereto and shall approve the program or amendments if the director determines that the district's program is reasonable, attainable, and in conformance with the state erosion and sediment control program.Source   Laws 1986, LB 474, § 5;   Laws 1988, LB 594, § 2;  Laws 2015, LB206, § 3.
NE Code § 2-4606 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-4606 - Municipal or county rules and regulations; authorized; conformance with state program; enforcement; failure to conform, effect.

2-4606.  Municipal or county rules and regulations; authorized; conformance with state program; enforcement; failure to conform, effect.Any municipality or county may adopt and promulgate rules and regulations governing erosion and sediment control within their respective jurisdictions. Any such municipal or county rules and regulations shall be in substantial conformance with the state erosion and sediment control program. If a municipality or county adopts and promulgates rules and regulations, it shall enforce such rules and regulations within the regulatory jurisdiction of such municipality or county. Whenever the rules and regulations of any municipality or county are deemed by the director not to be in substantial conformance with the state erosion and sediment control program, the municipality or county may either amend such rules and regulations to conform, adopt rules and regulations which are in conformance, or defer responsibility to adopt, administer, and enforce such rules and regulations to the appropriate district.Source  Laws 1986, LB 474, § 6.
NE Code § 2-4607 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-4607 - District; adoption or revision of rules and regulations; procedure; availability.

2-4607.  District; adoption or revision of rules and regulations; procedure; availability.Before adopting or revising its rules and regulations, each district shall, after publishing notice once each week for three consecutive weeks in a newspaper or newspapers having general circulation within the district, conduct a public hearing on the proposed rules and regulations or changes. The rules and regulations of the district shall be made available for public inspection at the principal office of the district.Source  Laws 1986, LB 474, § 7.
NE Code § 2-4609 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-4609 - Filing of complaint; effect.

2-4609.  Filing of complaint; effect.The filing of a complaint shall not preclude the complainant from pursuing any other remedy available to the complainant under the Erosion and Sediment Control Act, other law, or equity.Source  Laws 1986, LB 474, § 9.
NE Code § 2-4610 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-4610 - Conformance with farm unit conservation plan or soil-loss tolerance level; effect; cost-sharing assistance; availability; lack of cost-sharing assistance; effect.

2-4610.  Conformance with farm unit conservation plan or soil-loss tolerance level; effect; cost-sharing assistance; availability; lack of cost-sharing assistance; effect.(1) Any person owning or operating private agricultural, horticultural, or silvicultural lands who has a farm unit conservation plan approved by the district and is implementing and maintaining the plan in strict compliance with a conservation agreement or any person whose normal agricultural, horticultural, and silvicultural practices are in conformance with the applicable soil-loss tolerance level shall, for purposes of such land, be deemed to be in compliance with the requirements of the Erosion and Sediment Control Act and any approved erosion and sediment control program.(2) To prevent excess erosion and sediment from leaving the land due to any agricultural or nonagricultural land-disturbing activity, cost-sharing assistance may be available from any district. Such assistance may be used for any erosion or sediment control practice. The lack of available cost-sharing assistance does not offset the requirement that the owner and, if appropriate, the operator of such land comply with the terms of an approved plan of compliance or an administrative order.Source   Laws 1986, LB 474, § 10;   Laws 1988, LB 594, § 4;   Laws 1994, LB 480, § 24;  Laws 2015, LB206, § 5.
NE Code § 2-4611 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-4611 - Administrative order; appeal.

2-4611.  Administrative order; appeal.Any owner or operator served with an administrative order of a district may, within thirty days after service of the administrative order, appeal to the district court in the county in which a majority of the land is located. The appeal shall be de novo and shall be conducted in accordance with section 2-4613.Source  Laws 1986, LB 474, § 11.
NE Code § 2-4612 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-4612 - Order for immediate compliance; when authorized.

2-4612.  Order for immediate compliance; when authorized.The district shall petition the district court for a court order requiring immediate compliance with an administrative order previously issued by the district if:(1) The work necessary to comply with the administrative order is not commenced on or before the date specified in such order or in any supplementary orders subsequently issued unless, in the judgment of the district, the failure to commence or complete the work as required by the administrative order is due to factors beyond the control of the person to whom such order is directed and the person can be relied upon to commence and complete the necessary work at the earliest possible time;(2) The work is not being performed with due diligence or is not satisfactorily completed by the date specified in the administrative order or the practices are not being operated, utilized, or maintained as required;(3) The work is not of a type or quality specified by the district and, when completed, it will not or does not reduce soil erosion from such land below the soil-loss tolerance level or, to the extent excess erosion is permitted by the district for a nonagricultural land-disturbing activity, will not or does not prevent sediment resulting from such excess erosion from leaving the land involved; or(4) The person to whom the administrative order is directed advises the district that he or she does not intend to commence or complete such work.Source   Laws 1986, LB 474, § 12;   Laws 1988, LB 594, § 5;  Laws 2015, LB206, § 6.
NE Code § 2-4613 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-4613 - District court action; procedures; order; appeal; failure to comply with order; effect.

2-4613.  District court action; procedures; order; appeal; failure to comply with order; effect.In the district court action, the burden of proof shall be upon the district to show that soil erosion is occurring in excess of the applicable soil-loss tolerance level and that the landowner or operator has not established or maintained soil and water conservation practices or erosion or sediment control practices in compliance with the district's erosion and sediment control program. Upon receiving satisfactory proof, the court shall issue an order directing the owner or operator to comply with the administrative order previously issued by the district. The court may modify the administrative order if deemed necessary. Notice of the court order shall be given by either personal service or certified or registered mail to each person to whom the order is directed, who may, within thirty days from the date of the court order, appeal to the Court of Appeals. Any person who fails to comply with the court order issued within the time specified in such order, unless the order has been stayed pending an appeal, shall be deemed in contempt of court and punished accordingly.Source   Laws 1986, LB 474, § 13;   Laws 1991, LB 732, § 10;  Laws 2015, LB206, § 7.