reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1102 - State Highway Commission; districts.

39-1102.
State Highway Commission; districts.
The designation and limits of the eight districts from which members of the State Highway Commission are to be appointed shall be as follows:
(1) District No. 1. The counties of Butler, Saunders, Seward, Saline, Nemaha, Lancaster, Gage, Pawnee, Richardson, Johnson, Jefferson, Otoe, and Cass except for a portion north of a line beginning at the intersection of Interstate Highway 80 and the Platte River and proceeding southeasterly to the section corner of the northeast corner of section 21, township 11, north, range 11, east, which is also the junction of Nebraska State Highway 1 and Nebraska State Highway 50; thence southeasterly to the southeast corner of section 14, township 10, north, range 13, east, which is also the junction of U.S. Highway 34 and U.S. Highway 75; thence on a line east to the Missouri River;
(2) District No. 2. The counties of Dodge, Washington, Douglas, and Sarpy and that portion of Cass County which is not within District No. 1;
(3) District No. 3. The counties of Knox, Antelope, Cedar, Dixon, Dakota, Thurston, Wayne, Madison, Stanton, Cuming, Burt, Colfax, Platte, Boone, and Pierce;
(4) District No. 4. The counties of Nance, Thayer, Valley, Greeley, Sherman, Howard, Merrick, Polk, Buffalo, Hall, Hamilton, York, Adams, Clay, Fillmore, Webster, and Nuckolls;
(5) District No. 5. The counties of Sioux, Dawes, Box Butte, Sheridan, Scotts Bluff, Banner, Kimball, Morrill, Cheyenne, Garden, and Deuel;
(6) District No. 6. The counties of Custer, Grant, Hooker, Thomas, Arthur, McPherson, Blaine, Dawson, Logan, Keith, and Lincoln;
(7) District No. 7. The counties of Chase, Perkins, Dundy, Hayes, Hitchcock, Frontier, Kearney, Red Willow, Gosper, Furnas, Phelps, Harlan, and Franklin; and
(8) District No. 8. The counties of Cherry, Brown, Keya Paha, Rock, Loup, Garfield, Wheeler, Holt, and Boyd.
Source
Laws 1953, c. 334, § 2, p. 1095;
Laws 1987, LB 161, § 2;
Laws 1991, LB 5, § 1.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1103 - Members; term of office.

39-1103.
Members; term of office.
(1) Within thirty days after September 14, 1953, the Governor shall appoint the initial members of the State Highway Commission who shall hold office for the following periods of time from September 14, 1953: (a) Two members for a period of two years; (b) two members for a period of four years; and (c) three members for a period of six years. One additional member shall be appointed for a term of six years beginning September 14, 1987. Each succeeding member of the commission shall be appointed for a term of six years, except members appointed to fill vacancies whose tenure shall be the unexpired term for which they shall be appointed. If the Legislature is not in session when members of the commission are appointed by the Governor, such members shall take office and act as recess appointees until the next meeting of the Legislature.
(2) Any member serving on the State Highway Commission on August 30, 1987, shall continue to serve until his or her term expires, but in the event the county in which he or she is residing is transferred to a different district upon August 30, 1987, such member shall complete his or her term in the new district in which such county is located pursuant to section 39-1102.
Source
Laws 1953, c. 334, § 3, p. 1096;
Laws 1987, LB 161, § 3.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1104 - Members; removal; procedure.

39-1104.
Members; removal; procedure.
Members of the State Highway Commission may be removed by the Governor for inefficiency, neglect of duty, or misconduct in office, but only after delivering to the member a copy of the charges and affording him an opportunity of being publicly heard in person or by counsel in his own defense, upon not less than ten days' notice. Such hearing shall be held before the Governor. If such member shall be removed, the Governor shall file in the office of the Secretary of State a complete statement of all the charges made against such member and the findings of the Governor thereon, together with a complete record of the proceedings.
Source
Laws 1953, c. 334, § 4, p. 1096.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1105 - Members; oath of office.

39-1105.
Members; oath of office.
Each commissioner and every officer under the State Highway Commission, before entering upon the duties of his office, shall subscribe and take the constitutional oath of office, which shall be filed in the office of the Secretary of State.
Source
Laws 1953, c. 334, § 5, p. 1097.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1106 - Members; chairperson; per diem; expenses.

39-1106.
Members; chairperson; per diem; expenses.
The members of the State Highway Commission shall meet in January of each year and shall elect a chairperson of the commission from their members. Each member of the commission shall be paid the sum of twenty dollars per day while actually engaged in the business of the commission, but not in excess of twenty-four hundred dollars per annum. The members of the commission shall be paid their mileage, and their expenses while away from home attending to the business of the commission as provided in sections 81-1174 to 81-1177 for state employees.
Source
Laws 1953, c. 334, § 6, p. 1097;
Laws 1981, LB 204, § 59.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1107 - Secretary of commission; employ.

39-1107.
Secretary of commission; employ.
The State Highway Commission, subject to the approval of the Governor, shall employ a person who shall act as secretary of the commission.
Source
Laws 1953, c. 334, § 7, p. 1097;
Laws 1955, c. 163, § 2, p. 469.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1108 - State Highway Commission; meetings; quorum; minutes; open to public.

39-1108.
State Highway Commission; meetings; quorum; minutes; open to public.
Regular meetings of the State Highway Commission shall be held upon call of the chairperson, but not less than six times per year. Special meetings may be held upon call of the chairperson or pursuant to a call signed by three other members, of which the chairperson shall have three days' written notice.
All regular meetings shall be held in suitable offices to be provided in Lincoln unless a majority of the members deem it necessary to hold a regular meeting at another location within this state. Members of the commission may participate by virtual conferencing as long as the chairperson or vice-chairperson conducts the meeting in an open forum where the public is able to participate by attendance at the scheduled meeting.
Five members of the commission constitute a quorum for the transaction of business. Every act of a majority of the members of the commission shall be deemed to be the act of the commission.
All meetings shall be open to the public and shall be conducted in accordance with the Open Meetings Act.
The minutes of the meetings shall show the action of the commission on matters presented. The minutes shall be open to public inspection.
Source
Laws 1953, c. 334, § 8, p. 1097;
Laws 1971, LB 101, § 1;
Laws 1981, LB 544, § 4;
Laws 1987, LB 161, § 4;
Laws 2003, LB 101, § 1;
Laws 2004, LB 821, § 11;
Laws 2021, LB83, § 5.
Cross References
Open Meetings Act, see section 84-1407.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1111 - State Highway Commission; quarterly report; contents; file with Governor; file with Clerk of the Legislature.

39-1111.
State Highway Commission; quarterly report; contents; file with Governor; file with Clerk of the Legislature.
The State Highway Commission shall file with the Governor each quarter a report fully and accurately showing conditions existing in the state with reference to the state's highway building and as to construction and maintenance work. Such reports shall further contain an itemized statement of all expenditures and the purposes for such expenditures since the last report submitted to the Governor. Each of such reports shall further contain an itemized budget of all proposed expenditures for the ensuing quarter. A copy of such report shall be filed electronically with the Clerk of the Legislature and be made available to the public. Each member of the Legislature shall receive an electronic copy of such report by making a request for it to the secretary of the commission.
Source
Laws 1953, c. 334, § 11, p. 1099;
Laws 1979, LB 322, § 11;
Laws 2012, LB782, § 39.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1304 - State highways; federal aid; state assents.

39-1304.
State highways; federal aid; state assents.
The legislative assent required by section 1 of the Act of Congress approved July 11, 1916, Public Law 156, entitled An Act to provide that the United States shall aid the states in the construction of rural post roads, and for other purposes, is hereby given. The Legislature likewise assents to the Congressional Federal Aid Acts, Federal Highway Acts, and Federal Aid Highway Acts approved subsequent to July 11, 1916. In the absence of contrary legislative action regarding the assent hereby given, the Legislature shall be deemed to have given a continuing assent to subsequent acts, rules, and regulations which either amend or supplement the above-mentioned acts or otherwise provide funds for the same or similar purposes.
Source
Laws 1955, c. 148, § 4, p. 419.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1304.01 - State highways; federal aid; further assent.

39-1304.01.
State highways; federal aid; further assent.
The Legislature hereby reaffirms its continuing assent to the federal acts set forth in section 39-1304.
Source
Laws 1957, c. 171, § 1, p. 592.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1304.02 - State highways; federal aid; relocation of public utilities; cost; limitation.

39-1304.02.
State highways; federal aid; relocation of public utilities; cost; limitation.
Whenever any utility facility which now is, or hereafter may be, located in, over, along, or under any highway or urban extension thereof which is a part of the National System of Interstate and Defense Highways as defined in the Federal Aid Highway Act of 1956, and qualifying for federal aid thereunder, or any highway which at any time was on or designated as a part of the National System of Interstate and Defense Highways but has been removed for any reason, is required to be altered, changed, moved, or relocated for the construction of any federal-aid highway project, the cost of such alteration, change, moving, or relocation, and the expense of acquiring lands or any rights and interests in land or any other rights acquired to accomplish such alteration, change, moving, or relocation, shall be paid by the state as a part of the expense of such federally aided projects except when such payment to the utility would violate a legal contract between the utility and the state, or between the utility and a county, city, or village of the state, under the express terms of which contract the utility specifically agrees to pay or assume such costs of alteration, change, moving, or relocation. The cost of the alteration, change, moving, or relocation, and the expense of acquiring lands or any rights and interests in land or any other rights required to accomplish such alteration, change, moving, or relocation of a utility facility located in, over, along, or under any highway which at any time was on or designated as a part of the National System of Interstate and Defense Highways but has been removed for any reason shall not be paid by the state on or after July 1, 1993, and the total amount paid from May 5, 1983, until July 1, 1993, including any federal-aid funds, shall not exceed five million dollars. For the purpose of this section, the term cost of relocation shall include the entire amount paid by such utility properly attributable to such alteration, change, moving, or relocation after deducting therefrom any increase in value of the new facility and any salvage value derived from the old facility.
Source
Laws 1957, c. 171, § 2, p. 592;
Laws 1983, LB 96, § 1.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1304.03 - State highways; federal aid; further assent.

39-1304.03.
State highways; federal aid; further assent.
The Legislature hereby reaffirms its continuing assent to the federal acts set forth in section 39-1304, and amendments thereto.
Source
Laws 1961, c. 181, § 1, p. 534.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1305 - Federal aid; cooperation with federal government; agreements authorized.

39-1305.
Federal aid; cooperation with federal government; agreements authorized.
The department shall have the authority to make all contracts and do all things necessary to cooperate with the United States Government in matters relating to the cooperative construction or improvement of the state highway system, or any road or street of any political or governmental subdivision or any public corporation of this state, or of any road necessary to be constructed for national defense, national forests and scenic purposes, for which federal funds or aid are secured and for maintenance of roads constructed for the United States Government. Such contracts or acts shall be carried out in the manner required by the provisions of the acts of Congress and the rules and regulations made by an agent of the United States in pursuance of such acts.
Source
Laws 1955, c. 148, § 5, p. 419;
Laws 1965, c. 221, § 1, p. 643.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1305.01 - Projects for which federal funds are available; department; powers and duties.

39-1305.01.
Projects for which federal funds are available; department; powers and duties.
The department may plan, design, construct, maintain, or otherwise undertake projects for which federal funds are available as a National Highway System project under 23 U.S.C. 103(i), as a Surface Transportation Program project under 23 U.S.C. 133(b), or as a Public Lands Highways Program project under 23 U.S.C. 204(h). The department may expend state funds to enable the state to participate in the benefits to be secured from these federal program funds. In accordance with the department's authority set out in sections 39-1306, 39-1307, and 39-1308, the department may assist any state agency, the Nebraska State Historical Society, the Game and Parks Commission, the University of Nebraska, any political or governmental subdivision, or any public corporation of this state in soliciting and expending federal funds under the federal acts listed in this section.
Source
Laws 1993, LB 15, § 5.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1306 - Federal aid; political subdivisions; department; agreements; unused funds; allocation.

39-1306.
Federal aid; political subdivisions; department; agreements; unused funds; allocation.
Any political or governmental subdivision or any public corporation of this state shall have the authority to enter into agreements with the federal government through or with the department to enable them to participate in all the benefits to be secured from federal-aid funds, or funds made available from the federal government to be used on roads and streets. The department may negotiate and enter into agreements with the federal government, or any of its constituted agencies, and take all steps and proceedings necessary in order to secure such benefits for such political or governmental subdivisions or public corporations.
Source
Laws 1955, c. 148, § 6, p. 420;
Laws 1967, c. 237, § 1, p. 635;
Laws 1969, c. 330, § 1, p. 1185.
Annotations
First class city could contract with Department of Roads to prohibit parking on designated street within city. Vap v. City of McCook, 178 Neb. 844, 136 N.W.2d 220 (1965).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1306.01 - Federal aid; political subdivisions; department; unused funds; allocation.

39-1306.01.
Federal aid; political subdivisions; department; unused funds; allocation.
Unused funds shall be made available by the department to other political or governmental subdivisions or public corporations for an additional period of six months. The department shall likewise make available unused funds from allotments which have been made prior to December 25, 1969. The department shall separately classify all unused funds referred to in section 39-1306 from their sources on the basis of the type of political or governmental subdivision or public corporation to which they were allotted. It is the intent of the Legislature that such funds which were allotted to counties and were unused be made available to other counties, and that such funds which were allotted to cities and villages and were unused be made available to other cities and villages. The funds in each classification shall be made available by the department to other subdivisions which have utilized all of the federal funds available to them, and shall be subject to the same conditions as apply to funds received under section 39-1306. Such funds shall be reallocated upon application therefor by the subdivisions.
Source
Laws 1967, c. 237, § 2, p. 635;
Laws 1969, c. 330, § 3, p. 1185;
Laws 2017, LB339, § 122.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1306.02 - Federal aid; political subdivisions; allotment; department; duration; notice.

39-1306.02.
Federal aid; political subdivisions; allotment; department; duration; notice.
When any political or governmental subdivision or any public corporation of this state has an allotment of federal-aid funds made available to it by the federal government, the department shall give notice to the political or governmental subdivision of the amount of such funds the department has allotted to it, and, that the duration of the allotment to the political or governmental subdivision or public corporation is for not less than an eighteen-month period, which notice shall state the last date of such allotment to the subdivision or political corporation. The department shall give notice a second time six months before the last date of such allotment of the impending six months expiration of the allotment and of the amount of funds remaining.
Source
Laws 1969, c. 330, § 2, p. 1185;
Laws 2017, LB339, § 123.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1306.03 - United States Department of Transportation; department assume responsibilities; agreements authorized; waiver of immunity; department; powers and duties.

39-1306.03.
United States Department of Transportation; department assume responsibilities; agreements authorized; waiver of immunity; department; powers and duties.
(1) The department may assume, pursuant to 23 U.S.C. 326, all or part of the responsibilities of the United States Department of Transportation:
(a) For determining whether federal-aid design and construction projects are categorically excluded from requirements for environmental assessments or environmental impact statements; and
(b) For environmental review, consultation, or other related actions required under any federal law applicable to activities that are classified as categorical exclusions.
(2) The department may assume, pursuant to 23 U.S.C. 327, all or part of the responsibilities of the United States Department of Transportation:
(a)(i) With respect to one or more highway projects within the state, under the National Environmental Policy Act of 1969, as amended, 42 U.S.C. 4321 et seq.; and
(ii) For environmental review, consultation, or other action required under any federal environmental law pertaining to the review or approval of a specific project; and
(b) With respect to one or more railroad, public transportation, or multimodal projects within the state under the National Environmental Policy Act of 1969, as amended.
(3) The department may enter into one or more agreements with the United States Secretary of Transportation, including memoranda of understanding, in furtherance of the assumption by the department of duties under 23 U.S.C. 326 and 327.
(4) The State of Nebraska hereby waives its immunity from civil liability, including immunity from suit in federal court under the Eleventh Amendment to the United States Constitution, and consents to the jurisdiction of the federal courts solely for the compliance, discharge, or enforcement of responsibilities assumed by the department pursuant to 23 U.S.C. 326 and 327, in accordance with the same procedural and substantive requirements applicable to a suit against a federal agency. This waiver of immunity shall only be valid if:
(a) The department executes a memorandum of understanding with the United States Department of Transportation accepting the jurisdiction of the federal courts as required by 23 U.S.C. 326(c) and 327(c);
(b) The act or omission that is the subject of the lawsuit arises out of compliance, discharge, or enforcement of responsibilities assumed by the department pursuant to 23 U.S.C. 326 and 327; and
(c) The memorandum of understanding is in effect when the act or omission that is the subject of the federal lawsuit occurred.
(5) The department may adopt and promulgate rules and regulations to implement this section and may adopt relevant federal environmental standards as the standards for the department.
Source
Laws 2017, LB271, § 5.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1308 - Department; political subdivisions; advisory capacity; planning, locating, constructing, maintaining; highways, roads, streets.

39-1308.
Department; political subdivisions; advisory capacity; planning, locating, constructing, maintaining; highways, roads, streets.
The department shall have the authority to act in an advisory capacity, upon request, to any political or governmental subdivision or public corporation of this state in matters pertaining to the planning, locating, constructing, and maintaining of roads, highways, and streets and other related matters. The department, in such instances, may provide services and may cooperate with such subdivisions and corporations on such terms as may be mutually agreed upon.
Source
Laws 1955, c. 148, § 8, p. 420.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1309 - State highway system; designation; redesignation; factors.

39-1309.
State highway system; designation; redesignation; factors.
(1) The map prepared by the State Highway Commission showing a proposed state highway system in Nebraska, filed with the Clerk of the Legislature and referred to in the resolution filed with the Legislature on February 3, 1955, is hereby adopted by the Legislature as the state highway system on September 18, 1955, except that a highway from Rushville in Sheridan County going south on the most feasible and direct route to the Smith Lake State Recreation Grounds shall be known as state highway 250 and shall be a part of the state highway system.
(2) The state highway system may be redesignated, relocated, redetermined, or recreated by the department with the written advice of the State Highway Commission and the consent of the Governor. In redesignating, relocating, redetermining, or recreating the several routes of the state highway system, the following factors, except as provided in section 39-1309.01, shall be considered: (a) The actual or potential traffic volumes and other traffic survey data, (b) the relevant factors of construction, maintenance, right-of-way, and the costs thereof, (c) the safety and convenience of highway users, (d) the relative importance of each highway to existing business, industry, agriculture, enterprise, and recreation and to the development of natural resources, business, industry, agriculture, enterprise, and recreation, (e) the desirability of providing an integrated system to serve interstate travel, principal market centers, principal municipalities, county seat municipalities, and travel to places of statewide interest, (f) the desirability of connecting the state highway system with any state park, any state forest reserve, any state game reserve, the grounds of any state institution, or any recreational, scenic, or historic place owned or operated by the state or federal government, (g) the national defense, and (h) the general welfare of the people of the state.
(3) Any highways not designated as a part of the state highway system as provided by sections 39-1301 to 39-1362 and 39-1393 shall be a part of the county road system, and the title to the right-of-way of such roads shall vest in the counties in which the roads are located.
Source
Laws 1955, c. 148, § 9, p. 420;
Laws 1959, c. 176, § 1, p. 647;
Laws 1981, LB 285, § 5;
Laws 1993, LB 15, § 6;
Laws 2016, LB1038, § 9;
Laws 2017, LB271, § 6.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1309.01 - Temporary detour designated part of state highway system; Director-State Engineer; powers; duties.

39-1309.01.
Temporary detour designated part of state highway system; Director-State Engineer; powers; duties.
The Director-State Engineer may waive the consideration of factors pursuant to section 39-1309 before a county road used as a temporary detour for the state highway system is designated as part of such state highway system. The director may designate a county road as part of the state highway system over which the department shall have responsibility, as soon as such road is deemed a temporary detour for the state highway system.
If such county road remains a detour road for the state highway system one year after it was initially designated a detour road, the Director-State Engineer shall consider the factors in section 39-1309 to determine whether such road shall continue as part of the state highway system. Upon a determination by the director that such road shall no longer be part of the state highway system, the director shall provide notice of such fact to the county board or the county's governing body having primary authority for such road.
Source
Laws 1981, LB 285, § 4.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1311 - State highway system; department; maintain current map; contents; corridor location; map; notice; beltway; duties.

39-1311.
State highway system; department; maintain current map; contents; corridor location; map; notice; beltway; duties.
(1) The department at all times shall maintain a current map of the state, which shall show all the roads, highways, and connecting links which have been designated, located, created, or constituted as part of the state highway system, including all corridors. All changes in designation or location of highways constituting the state highway system, or additions thereto, shall be indicated upon the map. The department shall also maintain six separate and additional maps. These maps shall include (a) the roads, highways, and streets designated as federal-aid primary roads as of March 27, 1972, (b) the National System of Interstate and Defense Highways, (c) the roads designated as the federal-aid primary system as it existed on June 1, 1991, (d) the National Highway System, (e) the Highway Beautification Control System as defined in section 39-201.01, and (f) scenic byways as defined in section 39-201.01. The National Highway System is the system designated as such under the federal Intermodal Surface Transportation Efficiency Act. The maps shall be available at all times for public inspection at the offices of the Director-State Engineer and shall be filed with the Legislature of the State of Nebraska each biennium.
(2) Whenever the department has received a corridor location approval for a proposed state highway or proposed beltway to be located in any county or municipality, it shall prepare a map of such corridor sufficient to show the location of such corridor on each parcel of land to be traversed. If the county or municipality in which such corridor is located does not have a requirement for the review and approval of a preliminary subdivision plat or a requirement that a building permit be obtained prior to commencement of a structure, the department shall send notice of the approval of such corridor by certified mail to the owner of each parcel traversed by the corridor at the address shown for such owner on the county tax records. Such notice shall advise the owner of the requirement of sections 39-1311 to 39-1311.05 for preliminary subdivision plats and for building permits.
(3) For any beltway proposed under sections 39-1311 to 39-1311.05, the duties of the department shall be assumed by the county or municipality that received approval for the beltway project.
Source
Laws 1955, c. 148, § 11, p. 422;
Laws 1972, LB 1181, § 2;
Laws 1974, LB 805, § 1;
Laws 1995, LB 264, § 22;
Laws 2003, LB 187, § 7;
Laws 2005, LB 639, § 2;
Laws 2017, LB339, § 124.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1311.01 - Corridor map; copy; transmit.

39-1311.01.
Corridor map; copy; transmit.
The department shall transmit a copy of the map required by subsection (2) of section 39-1311 to the officer responsible for review of preliminary subdivision plats and to the officer responsible for issuance of building permits or, if subdivision plats or building permits are not required in the county or municipality, to the county clerk of the county in which the corridor is located.
Source
Laws 1974, LB 805, § 2;
Laws 2003, LB 187, § 8.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1311.02 - Corridor; review of preliminary subdivision plat; building permit; required.

39-1311.02.
Corridor; review of preliminary subdivision plat; building permit; required.
(1) A review of a preliminary subdivision plat shall be required for all proposals to subdivide land or to make public or private improvements on all land within an approved corridor.
(2) A building permit shall be required for all structures within an approved corridor if the actual cost of the structure exceeds one thousand dollars. Structures include, but are not limited to, any construction or improvement to land such as public or private streets, sidewalks, and utilities; golf course tee boxes, fairways, or greens; drainage facilities; storm water detention areas; mitigation sites; green space; landscaped areas; or other similar uses. Any application for a building permit shall include a plat drawn by a person licensed as a professional engineer or architect under the Engineers and Architects Regulation Act or registered as a land surveyor as provided in the Land Surveyors Regulation Act showing the location of all existing and proposed structures in the area subject to corridor protection.
Source
Laws 1974, LB 805, § 3;
Laws 2003, LB 187, § 9;
Laws 2015, LB138, § 4.
Cross References
Engineers and Architects Regulation Act, see section 81-3401.
Land Surveyors Regulation Act, see section 81-8,108.01.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1311.03 - Corridor; proposed subdivision plat; building permit; notice; statement of intent; issuance.

39-1311.03.
Corridor; proposed subdivision plat; building permit; notice; statement of intent; issuance.
(1) Upon the filing of a request for a review of a proposed subdivision plat on a parcel located within a corridor, the officer responsible for reviewing subdivision plats or, if the review of a subdivision plat is required only by virtue of sections 39-1311 to 39-1311.05, the county clerk shall give the department notice of the filing of a request for a review of a preliminary subdivision plat. The officer responsible for review of subdivision plats shall not approve or forward for approval a subdivision plat for a period of sixty days from the date of mailing notice of the filing of the request with the department unless the department waives in writing the time period. Within the sixty-day period, the department may if it wishes file with such officer a statement of intent to negotiate with the owner of the land involved. Upon the filing of such statement of intent, the department shall be allowed six months for negotiations with the landowner. At the end of such six-month period, if the landowner has not withdrawn his or her request for review of a subdivision plat, the officer responsible for review of subdivision plats shall proceed with consideration of such preliminary plat if it meets all other applicable codes, ordinances, and laws.
(2) Upon the filing of a request for a building permit on a parcel located within a corridor, the officer responsible for issuance of building permits or, if a building permit is required only by virtue of sections 39-1311 to 39-1311.05, the county clerk shall give the department notice of the filing of the request for a building permit. The officer responsible for issuance of building permits shall not issue a permit for a period of sixty days from the date of mailing notice of the filing of the request with the department unless the department waives in writing the time period. Within the sixty-day period, the department may if it wishes file with such officer a statement of intent to negotiate with the owner of the land involved. Upon the filing of such statement of intent, the department shall be allowed six months for negotiations with the landowner. At the end of such six-month period, if the landowner has not withdrawn his or her application for a permit, it shall be issued if it meets all other applicable codes, ordinances, and laws.
Source
Laws 1974, LB 805, § 4;
Laws 2003, LB 187, § 10.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1311.04 - Corridor; building permit; subdivision plat; county clerk; issuance or approval; when.

39-1311.04.
Corridor; building permit; subdivision plat; county clerk; issuance or approval; when.
When an officer is not now authorized to issue building permits, the county clerk shall be authorized to review and approve subdivision plats or issue building permits required by the provisions of sections 39-1311 to 39-1311.05.
Source
Laws 1974, LB 805, § 5;
Laws 2003, LB 187, § 11.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1311.05 - Sections; no condition precedent to acquisition of rights-of-way.

39-1311.05.
Sections; no condition precedent to acquisition of rights-of-way.
Nothing in sections 39-1311 to 39-1311.05 shall be deemed a condition precedent to the acquisition of rights-of-way by purchase or by eminent domain.
Source
Laws 1974, LB 805, § 6.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1313 - State highways; abandonment; relinquishment; hearing.

39-1313.
State highways; abandonment; relinquishment; hearing.
The department shall have the authority, with the advice of the State Highway Commission and the consent of the Governor, to relinquish or abandon fragments of routes, sections of routes, or routes on the state highway system;
Provided,
that abandonment or relinquishment is accomplished in accordance with and subject to the provisions of sections 39-1314 and 39-1315. Prior to offering its advice to the Governor, the State Highway Commission shall extend an opportunity for a public hearing to the political or governmental subdivisions or public corporations wherein any portion of the state highway system is to be abandoned or relinquished.
Source
Laws 1955, c. 148, § 13, p. 423.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1315 - State highways; abandonment; written instrument; filing.

39-1315.
State highways; abandonment; written instrument; filing.
Before any fragment, section, or route on the state highway system shall be abandoned, the department shall place upon public record in the department a written instrument describing the proposed abandonment. Such written instrument shall bear the department seal and shall be dated and subscribed by the Director-State Engineer and state upon what conditions, if any, the abandonment shall be qualified and particularly whether or not the title or right-of-way to any abandoned fragment or section shall be sold, revert to private ownership, or remain in the public. Such written instrument shall be certified by the department and be recorded in the office of the register of deeds of each county wherein any portion of the state highway system is being abandoned. No fee shall be charged for such recording. On such recording, the abandonment is complete.
Source
Laws 1955, c. 148, § 15, p. 424.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1315.01 - State highways; removal from state highway system; conditions.

39-1315.01.
State highways; removal from state highway system; conditions.
No road or highway shall be removed from the state highway system until a minimum of three years after such road or highway has been improved with a surface of concrete, asphalt, or material of similar quality, covering at least two traffic lanes, and then only after a determination that traffic along such road or highway is insufficient to justify retention of it as part of the state highway system. The provisions of this section shall not be construed to apply to (1) the relocation of a road or highway pursuant to subsection (2) of section 39-1309, (2) temporary detours or detours designated pursuant to section 39-1309.01, or (3) roads which are removed from the state highway system and added to a county road system or municipal street system pursuant to a contract or agreement between the department and the affected county or municipality. Such a contract or agreement shall not be canceled or amended unless agreed to by all parties to such contract or agreement.
Source
Laws 1969, c. 307, § 1, p. 1098;
Laws 1981, LB 285, § 6;
Laws 1993, LB 62, § 1.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1316 - State highway system; establishment, construction, maintenance; plans and specifications.

39-1316.
State highway system; establishment, construction, maintenance; plans and specifications.
The department shall be responsible for the preparation and adoption of plans and specifications for the establishment, construction, and maintenance of the state highway system. Such plans and specifications may be amended, from time to time, as the department deems advisable. Such plans and specifications should conform, as closely as practicable, to those adopted by the American Association of State Highway and Transportation Officials.
Source
Laws 1955, c. 148, § 16, p. 424;
Laws 2021, LB174, § 1.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1317 - State highways; surveys and research.

39-1317.
State highways; surveys and research.
The department shall have the authority to make investigations and to collect and analyze all relevant data relating to (1) road planning studies, (2) traffic problems, (3) financial conditions, and (4) problems relating to state, county, township, municipal, federal, and all other public roads in the state, except any toll facilities. The department also shall have the authority to collect, analyze, and interpret all relevant data concerning the use, construction, improvement, and maintenance of roads, the practices and methods of road organization and development, and such other information, data, and statistics as are deemed necessary. The department may cooperate with the bureau of public roads, federal agencies, research organizations, or political or governmental subdivisions or public corporations of this state and may enter into agreements with other states to carry on research and test projects pertaining to road purposes.
Source
Laws 1955, c. 148, § 17, p. 424.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1318 - Inspection and testing of materials.

39-1318.
Inspection and testing of materials.
The department shall have the authority to make tests, do research, to inspect and test all materials, supplies, equipment, and machinery used for state purposes or projects involving federal funds, and to develop methods and procedures for this purpose.
Source
Laws 1955, c. 148, § 18, p. 425.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1321 - State highway purposes; acquisition of additional property; purpose; method; acquisition of landlocked property.

39-1321.
State highway purposes; acquisition of additional property; purpose; method; acquisition of landlocked property.
In connection with the acquisition of lands, property or interests therein for state highway purposes, the department may, in its discretion, acquire, by any lawful means except through the exercise of eminent domain, an entire lot, block, or tract of land or property if, by so doing, the interests of the public will be best served, even though said entire lot, block, or tract is not immediately needed for state highway purposes. Without limiting the same hereby, this may be done where uneconomic remnants of land would be left the original owner or where severance or consequential damages to a remainder make the acquisition of the entire parcel more economical to the state;
Provided,
that when any such property or land is left without access to a road, and the cost of acquisition of such landlocked property or land through the exercise of eminent domain would be more economical to the state than the cost of providing a means of reasonable ingress to or egress from the property or land, the state may, in its discretion, acquire such landlocked property or land thereof by eminent domain.
Source
Laws 1955, c. 148, § 21, p. 427;
Laws 1961, c. 181, § 6, p. 538.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1322 - Acquisition of additional property; buildings; exchange or replacement of property.

39-1322.
Acquisition of additional property; buildings; exchange or replacement of property.
The department may acquire additional real property by gift, agreement, purchase, exchange, or condemnation if such additional real property is needed for the purpose of moving and establishing thereon buildings, structures, or other appurtenances which are situated on real property required by the department for highway purposes. When found to be in the public interest, the department is authorized to provide replacement real property, either lands or facilities, or both, for property in public ownership acquired as a result of a highway or highway-related project which will provide equivalent utility, for that acquired for the project. The department shall have authority to make agreements for the exchange of property, to make allowances for differences in the value of the properties being exchanged, and to move or pay the cost of moving buildings, structures, or other appurtenances.
Source
Laws 1955, c. 148, § 22, p. 427;
Laws 1979, LB 568, § 1.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1323 - Lands of state; acquisition; purpose; consent of Governor required; procedure.

39-1323.
Lands of state; acquisition; purpose; consent of Governor required; procedure.
The department may acquire land, as provided for by sections 72-224.02 and 72-224.03, whenever such land is necessary to construct, reconstruct, improve, relocate, and maintain the state highway system and to provide adequate drainage for and access facilities to such highways. The acquisition may be of educational land or any lands owned, occupied, or controlled by any state institution, board, agency, or commission. Prior to taking any land for any of the above purposes, a certificate that the taking of such land is in the public interest, must be obtained from the Governor and from the department and be filed in the office of the Department of Administrative Services. Written notice of the intent to acquire land of any state institution, board, agency, or commission shall be given to such institution, board, agency, or commission, ten days before the filing of the certificate with the department. Whenever the land taken is educational land which is under the control of any separate agency or board of the State of Nebraska, the damages assessed in the condemnation shall be paid to the Board of Educational Lands and Funds and the agency or board shall then have a claim against the State of Nebraska for the amount so paid.
Source
Laws 1955, c. 148, § 23, p. 427;
Laws 1969, c. 317, § 9, p. 1149.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1323.01 - Lands acquired for highway purposes; lease, rental, or permit for use; authorization; proprietary purposes permitted; disposition of rental funds; conditions, covenants, exceptions, reservations.

39-1323.01.
Lands acquired for highway purposes; lease, rental, or permit for use; authorization; proprietary purposes permitted; disposition of rental funds; conditions, covenants, exceptions, reservations.
The Nebraska Department of Transportation, subject to the approval of the Governor, and the United States Department of Transportation if such department has a financial interest, is authorized to lease, rent, or permit for use, any area, or land and the buildings thereon, which area or land was acquired for highway purposes. The Director-State Engineer, for the Nebraska Department of Transportation, and in the name of the State of Nebraska, may execute all leases, permits, and other instruments necessary to accomplish the foregoing. Such instruments may contain any conditions, covenants, exceptions, and reservations which the department deems to be in the public interest, including, but not limited to, the provision that upon notice that such property is needed for highway purposes the use and occupancy thereof shall cease. If so leased, rented, or permitted to be used by a municipality, the property may be used for such governmental or proprietary purpose as the governing body of the municipality shall determine, and such governing body may let the property to bid by private operators for proprietary uses. All money received as rent shall be deposited in the state treasury and by the State Treasurer placed in the Highway Cash Fund, subject to reimbursement, if requested, to the United States Department of Transportation for its proportionate financial contribution.
Source
Laws 1961, c. 354, § 1, p. 1114;
Laws 1965, c. 222, § 1, p. 644;
Laws 1969, c. 331, § 1, p. 1186;
Laws 1969, c. 584, § 41, p. 2368;
Laws 1986, LB 599, § 5;
Laws 2017, LB339, § 126.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1324 - Surveys; authority to enter land; damages.

39-1324.
Surveys; authority to enter land; damages.
The department shall have authority to enter upon any property to make surveys, examinations, investigations, and tests, and to acquire other necessary and relevant data in contemplation of (1) establishing the location of a road, street, or highway, (2) acquiring land, property, and road building materials, or (3) performing other operations incident to highway construction, reconstruction, or maintenance. Entry upon any property, pursuant to this section, shall not be considered to be a legal trespass and no damages shall be recoverable on that account alone. In case of any actual or demonstrable damages to the premises, the department shall pay the owner of the premises the amount of the damages. Upon the failure of the landowner and the department to agree upon the amount of damages, the landowner, in addition to any other available remedy, may file a petition as provided for in section 76-705.
Source
Laws 1955, c. 148, § 24, p. 428.
Annotations
Department of Roads has authority to enter upon any property to make surveys. State v. Merritt Brothers Sand & Gravel Co., 180 Neb. 660, 144 N.W.2d 180 (1966).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1325 - Real property; power of department to sell and convey excess.

39-1325.
Real property; power of department to sell and convey excess.
The department shall have the authority to sell and convey, with the approval of the Governor, any part of or any interest in real property held by the department which is no longer deemed necessary or desirable for highway purposes. The sale or conveyance of such real property shall be in such manner as will best serve the interests of the state and will most adequately conserve highway funds.
Source
Laws 1955, c. 148, § 25, p. 428.