reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-165 - Adjacent territory; regulation; amendments; objections; hearings.

23-165.
Adjacent territory; regulation; amendments; objections; hearings.
Such regulations, restrictions, and boundaries may from time to time be amended, supplemented, changed, modified, or repealed. In case, however, of a protest against such change, signed by the owners of twenty percent or more either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending one hundred feet therefrom, or to those directly opposite thereto extending one hundred feet from the street frontage of such opposite lots, and such change is not in accordance with the comprehensive development plan, such amendments shall not become effective except by the favorable vote of two-thirds majority of the county board. The provisions of section 23-164 relative to public hearings and official notice shall apply equally to all changes or amendments.
Source
Laws 1941, c. 131, § 13, p. 511;
C.S.Supp.,1941, § 26-153;
R.S.1943, § 23-165;
Laws 2005, LB 161, § 11.
Annotations
Timely objection by a litigant with standing may nullify a rezoning resolution by a county board that has not adopted a comprehensive development plan conformable to statute. Bagley v. County of Sarpy, 189 Neb. 393, 202 N.W.2d 841 (1972).
Board's only statutory power being to grant zoning variances resolution purporting to grant exemption construed to grant variance and action presumed correct until changed by court, and requirement of immediate compliance proper. Adler v. Lynch, 415 F.Supp. 705 (D. Neb. 1976).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-168.01 - Board of adjustment; members; appointment; qualifications; term; vacancy; rules and regulations; records; open to public.

23-168.01.
Board of adjustment; members; appointment; qualifications; term; vacancy; rules and regulations; records; open to public.
(1) The county board shall appoint a board of adjustment which shall consist of five members, plus one additional member designated as an alternate who shall attend and serve only when one of the regular members is unable to attend for any reason, each to be appointed for a term of three years and be removable for cause by the appointing authority upon written charges and after public hearing. No member of the board of adjustment shall be a member of the county board of commissioners or county board of supervisors. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. One member only of the board of adjustment shall be appointed by the county board from the membership of the county planning commission, and the loss of membership on the planning commission by such member shall also result in his immediate loss of membership on the board of adjustment and the appointment of another planning commissioner to the board of adjustment.
(2) The board of adjustment shall adopt rules in accordance with the provisions of any resolution adopted pursuant to sections 23-114 to 23-114.05, 23-168.01 to 23-168.04, 23-172 to 23-174, 23-174.02, 23-373, and 23-376. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the 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, and shall keep records of its examinations and other official actions, all of which shall be immediately filed with the county clerk and shall be a public record.
Source
Laws 1967, c. 117, § 8, p. 372;
Laws 1975, LB 410, § 26;
Laws 1978, LB 186, § 9.
Annotations
The specific statutory procedure for appealing local administrative decisions to a board of adjustment foreclosed a landowner's ability to appeal by a petition in error the county board of supervisors' denial of a conditional use permit. Mogensen v. Board of Supervisors, 268 Neb. 26, 679 N.W.2d 413 (2004).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-168.02 - Board of adjustment; decision; appeal.

23-168.02.
Board of adjustment; decision; appeal.
(1) An appeal to the board of adjustment may be taken by any person or persons aggrieved, or by any officer, department, board, or bureau of the county affected by any decision of an administrative officer or planning commission. Such appeal shall be taken within a reasonable time, as provided by the rules of the board of adjustment, by filing with the board a notice of appeal specifying the grounds thereof. The officer or agency from whom the appeal is taken shall transmit to the board of adjustment all the papers constituting the record upon which the action appealed from was taken.
(2) The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. Any party may appear at the hearing in person, by agent, or by attorney.
Source
Laws 1967, c. 117, § 9, p. 372.
Annotations
The specific statutory procedure for appealing local administrative decisions to a board of adjustment foreclosed a landowner's ability to appeal by a petition in error the county board of supervisors' denial of a conditional use permit. Mogensen v. Board of Supervisors, 268 Neb. 26, 679 N.W.2d 413 (2004).
One who enjoys benefit of zoning variance is entitled to notice and hearing before change. Adler v. Lynch, 415 F.Supp. 705 (D. Neb. 1976).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-170 - Adjacent territory; regulation; statutes and ordinances; highest standard required by either to govern.

23-170.
Adjacent territory; regulation; statutes and ordinances; highest standard required by either to govern.
Whenever the regulations made under authority of sections 23-164 to 23-174 require a greater width or size of yard, courts or other open spaces, or require a lower height of building or a less number of stories or require a greater percentage of lot to be left unoccupied or impose other higher standards than are required in any other statute or local ordinance or regulation, the provisions of the regulations made under authority of said sections shall govern. Wherever the provisions of any other statute or local ordinance or regulation require a greater width or size of yards, courts, or other open space or require a lower height of building or a less number of stories or require a greater percentage of lot to be left unoccupied or impose other higher standards than are required by the regulations made under authority of said sections, the provisions of such statute or local ordinance or regulations shall govern.
Source
Laws 1941, c. 131, § 18, p. 514;
C.S.Supp.,1941, § 26-158;
R.S.1943, § 23-170.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-172 - Standard codes; adoption; copy; area where applicable.

23-172.
Standard codes; adoption; copy; area where applicable.
(1) The county board may adopt by resolution, which shall have the force and effect of law, the conditions, provisions, limitations, and terms of a building or construction code, a plumbing code, an electrical code, a fire prevention code, or any other code relating to building or relating to the erection, construction, reconstruction, alteration, repair, conversion, maintenance, placing, or using of any building, structure, automobile trailer, house trailer, or cabin trailer. For this purpose, the county board may adopt any standard code which contains rules or regulations printed as a code in book or pamphlet form by reference to such code or portions thereof without setting forth in the resolution the conditions, provisions, limitations, or terms of such code. When such code or any such standard code or portion thereof is incorporated by reference into such resolution, it shall have the same force and effect as though it had been written in its entirety in such resolution without further or additional publication.
(2) Not less than one copy of such code or such standard code or portion thereof shall be kept for use and examination by the public in the office of the clerk of such county prior to the adoption thereof and as long as such standard code is in effect in such county.
(3) Any building or construction code implemented under this section shall be adopted and enforced as provided in section 71-6406.
(4) If there is no county resolution adopting a plumbing code in effect for such county, the 2018 Uniform Plumbing Code designated by the American National Standards Institute as an American National Standard shall apply to all buildings.
(5) Any code adopted and approved by the county board, as provided in this section, or if there is no county resolution adopting a plumbing code in effect for such county, the 2018 Uniform Plumbing Code designated by the American National Standards Institute as an American National Standard, and the building permit requirements or occupancy permit requirements imposed by such code or by sections 23-114.04 and 23-114.05, shall apply to all of the county except within the limits of any incorporated city or village and except within an unincorporated area where a city or village has been granted zoning jurisdiction and is exercising such jurisdiction.
(6) Nothing in this section shall be interpreted as creating an obligation for the county to inspect plumbing work done within its jurisdiction to determine compliance with the plumbing code.
Source
Laws 1941, c. 131, § 19, p. 515;
C.S.Supp.,1941, § 26-159;
R.S.1943, § 23-172;
Laws 1961, c. 87, § 6, p. 302;
Laws 1963, c. 57, § 5, p. 241;
Laws 1967, c. 117, § 12, p. 375;
Laws 1975, LB 410, § 28;
Laws 1993, LB 35, § 1;
Laws 1996, LB 1304, § 3;
Laws 2012, LB42, § 3;
Laws 2014, LB802, § 2;
Laws 2016, LB704, § 212;
Laws 2021, LB131, § 20.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-173 - Zoning resolutions; adoption; publication; printing; effect.

23-173.
Zoning resolutions; adoption; publication; printing; effect.
The county board may also pass, approve and publish any other resolution governing and controlling zoning after the zoning district is created and established as provided in section 23-114.03, and when such resolutions are passed and approved, they shall be published as provided in section 23-172. If any resolution is published by printing the same in book or pamphlet form, purporting to be published by authority of the county board, the same need not be otherwise published, and such book or pamphlet shall be received as evidence of the passage and legal publication of such resolution, as of the dates mentioned in such book or pamphlet, in all courts without further proof.
Source
Laws 1941, c. 131, § 19, p. 515;
C.S.Supp.,1941, § 26-159;
R.S.1943, § 23-173;
Laws 1967, c. 117, § 13, p. 376;
Laws 1975, LB 410, § 29.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-173.01 - Nonconforming use; termination; restoration.

23-173.01.
Nonconforming use; termination; restoration.
The use of a building, structure, or land, existing and lawful at the time of the enactment of a zoning regulation, or at the time of an amendment of a regulation, may, except as provided in this section, be continued, although such use does not conform with the provisions of such regulation or amendment, and such use may be extended throughout the same building if no structural alteration of such building is proposed or made for the purpose of such extension. If such nonconforming use is in fact discontinued for a period of twelve months, such right to the nonconforming use shall be forfeited and any future use of the building and premises shall conform to the regulation. The county board may provide in any zoning regulation for the restoration, reconstruction, extension, or substitution of nonconforming uses upon such terms and conditions as may be set forth in the zoning resolution. The county board may, in any zoning regulation, provide for the termination of nonconforming uses, either by specifying the period or periods in which nonconforming uses shall be required to cease, or by providing a formula whereby the compulsory termination of a nonconforming use may be so fixed as to allow for the recovery or amortization of the investment in the nonconformance, except that in the case of a legally erected outdoor advertising sign, device, or display, no amortization schedule shall be used.
Source
Laws 1967, c. 117, § 14, p. 376;
Laws 1981, LB 241, § 4.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-174 - Violations; penalty.

23-174.
Violations; penalty.
If any person shall violate any of the provisions of sections 23-164 to 23-174 for which penalty is not elsewhere provided therein, or if any person shall violate any of the provisions of any resolution adopted under the power and authority granted to county boards under section 23-174.01, 23-174.02, 23-174.03, or 23-174.10 or under sections 23-114, 23-172, and 23-173, such person shall be punished upon conviction in the same manner as for violation of section 23-114.05 in accordance with the penalties prescribed therein.
Source
Laws 1941, c. 131, § 19, p. 516;
C.S.Supp.,1941, § 26-159;
R.S.1943, § 23-174;
Laws 1961, c. 87, § 7, p. 303;
Laws 1967, c. 117, § 15, p. 377;
Laws 1969, c. 151, § 1, p. 710.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-174.01 - County zoning; cities of the primary class; grant of authority.

23-174.01.
County zoning; cities of the primary class; grant of authority.
Every county in which is located a city of the primary class shall have power within the county, except within the area over which zoning jurisdiction has been granted to any city or village and over which such city or village is exercising such jurisdiction, to regulate and restrict (1) the location, height, bulk, and size of buildings and other structures, (2) the percentage of a lot that may be occupied, (3) the size of yards, courts, and other open spaces, (4) the density of population, and (5) the locations and uses of buildings, structures, and land for trade, industry, business, residences and other purposes. Such county shall have power within the county, except within the area over which zoning jurisdiction has been granted to any city or village and over which such city or village is exercising such jurisdiction, to divide the county zoned into districts of such number, shape, and area as may be best suited to carry out the purposes of this section, and to regulate, restrict, or prohibit the erection, construction, reconstruction, alteration, or use of buildings, structures, or land within the total area zoned or within districts. All such regulations shall be uniform for each class or kind of buildings throughout each district, but regulations applicable to one district may differ from those applicable to other districts. Such zoning regulations shall be designed to secure safety from fire, flood, and other dangers and to promote the public health, safety, and general welfare and shall be made with consideration having been given to the character of the various parts of the area zoned and their peculiar suitability for particular uses and types of development and with a view to conserving property values and encouraging the most appropriate use of land throughout the area zoned in accordance with a comprehensive plan. The provisions of section 23-114 which relate to manufactured homes shall apply to such zoning regulations. Such zoning regulations may include reasonable provisions regarding nonconforming uses and their gradual elimination.
Source
Laws 1961, c. 87, § 1, p. 299;
Laws 1978, LB 186, § 11;
Laws 1994, LB 511, § 5.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-174.02 - Zoning resolution; regulations.

23-174.02.
Zoning resolution; regulations.
The zoning resolution shall be adopted and amended, and regulations made and promulgated not inconsistent therewith, in the manner provided in sections 23-114, 23-114.03, 23-164, and 23-165.
Source
Laws 1961, c. 87, § 2, p. 300;
Laws 1967, c. 117, § 16, p. 377.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-174.04 - County zoning; cities of the primary class; planning department; planning director.

23-174.04.
County zoning; cities of the primary class; planning department; planning director.
In every county in which is located a city of the primary class, there shall be created a planning department, which shall consist of a county planning commission, a planning director, and such subordinate employees as are required to administer the planning program set forth in sections 23-174.01 to 23-174.09. The planning director shall serve as the secretary of the county planning commission and as the administrative head of the planning department.
Source
Laws 1961, c. 87, § 9, p. 304.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-174.06 - Planning director; prepare comprehensive plan; review by county planning commission; county board; adopt or modify plan.

23-174.06.
Planning director; prepare comprehensive plan; review by county planning commission; county board; adopt or modify plan.
The planning director shall be responsible for preparing a comprehensive plan of the county and amendments and extensions thereto, and for submitting such plans and modifications to the county planning commission for its consideration and action. The commission shall review such plans and modifications, and those which the county board may suggest, and, after holding at least one public hearing on each proposed action, shall provide its recommendations to the county board of commissioners within a reasonable period of time. The county board of commissioners shall review the recommendations of the planning commission and, after at least one public hearing on each proposed action, shall adopt or reject such plans in whole or in part and with or without modifications.
Source
Laws 1961, c. 87, § 11, p. 305;
Laws 1975, LB 111, § 4.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-174.07 - Change to comprehensive plan; prior consideration by planning department; report.

23-174.07.
Change to comprehensive plan; prior consideration by planning department; report.
No resolution which deals with the acquisition, extension, widening, narrowing, removal, vacation, abandonment, sale or other change relating to any public way, transportation, route, ground, open space, building, or structure, or other public improvement of a character included in the comprehensive plan, the subject matter of which has not been reported on by the planning department under the provisions of section 23-174.06, shall be adopted by the county board until such resolution shall first have been referred to the planning department and that department has reported regarding conformity of the proposed action with the comprehensive plan. The department's report shall specify the character and degree of conformity or nonconformity of each proposed action to the comprehensive plan, and a report in writing thereon shall be rendered to the county board within thirty days after the date of receipt of the referral unless a longer period is granted by the county board. If the department fails to render any such report within the allotted time, the approval of the department may be presumed by the county board.
Source
Laws 1961, c. 87, § 12, p. 305.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-174.08 - Zoning resolution; public hearing; notice; approval.

23-174.08.
Zoning resolution; public hearing; notice; approval.
The planning director shall be responsible for the preparation of the zoning resolution and for submitting it to the county planning commission for its consideration and action. The commission shall review the proposed zoning resolution and, after holding at least one public hearing on each proposed action, shall approve or reject it in whole or in part and with or without modifications. When approved by the commission, the proposed resolution shall be submitted to the county board for its consideration, and the zoning resolution shall become effective when adopted by the county board. The county board of such county may amend, supplement, or otherwise modify the zoning resolution. Any such proposed amendment, supplement, or modification shall first be submitted to the planning commission for its recommendations and report. The planning commission shall hold at least one public hearing with relation thereto, before submitting its recommendations and report. After the recommendations and report of the planning commission have been filed, the county board shall, before enacting any proposed amendment, supplement, or modification, hold a public hearing in relation thereto. Notice of the time and place of hearings above referred to shall be given by publication thereof in a paper of general circulation in the county at least one time at least five days before the date of hearing. Notice with reference to proposed amendments, supplements, or modifications of the zoning resolution shall also be posted in a conspicuous place on or near the property upon which the action is pending. Such notice shall be easily visible from the street or highway, and shall be posted at least five days before the hearing.
Source
Laws 1961, c. 87, § 13, p. 306.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-174.09 - Board of zoning appeals; powers; duties.

23-174.09.
Board of zoning appeals; powers; duties.
There may be created a board of zoning appeals comprised of five members appointed by the county board, which board shall have power to hear and decide appeals from any decision or order of the building inspector or other officers charged with the enforcement of the zoning resolution in those cases where it is alleged that such decision or order is in error. The board shall also have power to decide upon petitions for variances and, subject to such standards and procedures as the county board may provide in the zoning resolution, to vary the strict application of the height, area, parking, or density requirements to the extent necessary to permit the owner a reasonable use of his land in those specific instances where there are peculiar, exceptional, and unusual circumstances in connection with a specific parcel of land, which circumstances are not generally found within the locality or neighborhood concerned. The board may also have such related duties as the county board may assign. The county board may provide for appeals from a decision of the board.
Source
Laws 1961, c. 87, § 14, p. 307.
Cross References
For authorization to act for a municipality, see section 19-912.01.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-174.10 - Public health, safety, and welfare regulations; county board may adopt.

23-174.10.
Public health, safety, and welfare regulations; county board may adopt.
In any county which has adopted county zoning regulations, the county board, by resolution, may make regulations as may be necessary or expedient to promote the public health, safety, and welfare, including regulations to prevent the introduction or spread of contagious, infectious, or malignant diseases; to provide rules for the prevention, abatement, and removal of nuisances, including the pollution of air and water; and make and prescribe regulations for the construction, location, and keeping in order of all slaughterhouses, stockyards, warehouses, sheds, stables, barns, commercial feedlots, dairies, junk and salvage yards, or other places where offensive matter is kept, or is likely to accumulate. Such regulations shall be not inconsistent with the general laws of the state and shall apply to all of the county except within the limits of any incorporated city or village, and except within the unincorporated area where a city or village has been granted zoning jurisdiction and is exercising such jurisdiction.
Source
Laws 1963, c. 105, § 1, p. 430;
Laws 1969, c. 151, § 2, p. 710;
Laws 1978, LB 807, § 1.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-175 - County board; county vehicles; liability insurance procurement; effect; applicability.

23-175.
County board; county vehicles; liability insurance procurement; effect; applicability.
When a county board employs a person and places in his or her charge and under his or her supervision trucks, automobiles, snowplows, road graders, or other vehicles and authorizes such employee to use them upon a public road, the county board shall purchase liability insurance to protect any such employee against loss occasioned by any acts of negligence resulting from the use of such vehicles or equipment. The insurance shall be purchased by public bidding at least once every three years in a limit of not less than one hundred thousand dollars to cover the bodily injury or injuries of one person and, subject to the limitation to one person, one million dollars to cover bodily injury or injuries to more than one person in the same accident and one hundred thousand dollars to cover property damage. The insurance policy may, in the discretion of the county board, contain a deductible provision for up to one thousand dollars of any claim in which event the county shall be considered a self-insurer for that amount. The insurance and bidding requirements of this section shall not apply to a county which is a member of a risk management pool formed pursuant to the Intergovernmental Risk Management Act. Any judgment against any employee shall not be collectible in whole or in part from any member of the county board.
Source
Laws 1957, c. 61, § 1, p. 279;
Laws 1969, c. 138, § 24, p. 636;
Laws 1993, LB 66, § 1;
Laws 1998, LB 376, § 1.
Cross References
Intergovernmental Risk Management Act, see section 44-4301.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-187 - Subjects regulated; power to enforce.

23-187.
Subjects regulated; power to enforce.
(1) In addition to the powers granted by section 23-104, a county may, in the manner specified by sections 23-187 to 23-193, regulate the following subjects by ordinance:
(a) Parking of motor vehicles on public roads, highways, and rights-of-way as it pertains to snow removal for and access by emergency vehicles to areas within the county;
(b) Motor vehicles as defined in section 60-339 that are abandoned on public or private property;
(c) Low-speed vehicles as described and operated pursuant to section 60-6,380;
(d) Golf car vehicles as described and operated pursuant to section 60-6,381;
(e) Graffiti on public or private property;
(f) False alarms from electronic security systems that result in requests for emergency response from law enforcement or other emergency responders;
(g) Violation of the public peace and good order of the county by disorderly conduct, lewd or lascivious behavior, or public nudity;
(h) Peddlers, hawkers, or solicitors operating for commercial purposes. If a county adopts an ordinance under this subdivision, the ordinance shall provide for registration of any such peddler, hawker, or solicitor without any fee and allow the operation or conduct of any registered peddler, hawker, or solicitor in all areas of the county where the county has jurisdiction and where a city or village has not otherwise regulated such operation or conduct; and
(i) Operation of vehicles on any highway or restrictions on the weight of vehicles pursuant to section 60-681.
(2) For the enforcement of any ordinance authorized by this section, a county may impose fines, forfeitures, or penalties and provide for the recovery, collection, and enforcement of such fines, forfeitures, or penalties. A county may also authorize such other measures for the enforcement of ordinances as may be necessary and proper. A fine enacted pursuant to this section shall not exceed five hundred dollars for each offense.
Source
Laws 2009, LB532, § 1;
Laws 2011, LB289, § 2;
Laws 2012, LB1155, § 1;
Laws 2015, LB577, § 1;
Laws 2016, LB977, § 4.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-188 - County board; notice; contents; public hearing.

23-188.
County board; notice; contents; public hearing.
A county board shall provide notice of the time when any county ordinance is set for consideration before the board. Such notice shall appear at least once a week for two weeks in a newspaper published or of general circulation in the county. The notice shall contain the entire wording of the ordinance and the time and place of the public hearing. The last publication of the notice shall be not less than five days nor more than two weeks prior to the time set for the public hearing on the adoption of the ordinance. A county board shall not take final action on the proposed ordinance until after at least one public hearing has been held thereon by the county board at which public comment regarding the proposed ordinance was permitted.
Source
Laws 2009, LB532, § 2.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-189 - Proof of ordinance; proof of adoption and publication.

23-189.
Proof of ordinance; proof of adoption and publication.
A county ordinance may be proved by the certificate of the county clerk under the seal of the county. The adoption and publication of the ordinance shall be sufficiently proved by a certificate under the seal of the county, from the county clerk, showing (1) that such ordinance was adopted and (2) when and in what paper the ordinance was published or when, by whom, and where the ordinance was posted.
Source
Laws 2009, LB532, § 3.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-190 - County ordinance; reading by title; suspension of requirement; adoption; vote required; revision or amendment.

23-190.
County ordinance; reading by title; suspension of requirement; adoption; vote required; revision or amendment.
(1) A county ordinance shall be read by title on three different days unless three-fourths of the county board members, following the public hearing on the ordinance, vote to suspend this requirement. If such requirement is suspended, the ordinance shall be read by title or number and then moved for final adoption. Three-fourths of the county board members may require a reading of any such ordinance in full before adoption under either procedure set out in this section. The votes of each member shall be called aloud and recorded. To adopt any ordinance, the concurrence of a majority of the whole number of the members of the county board shall be required.
(2) A county ordinance shall contain no subject which is not clearly expressed in the title, and no ordinance or section thereof shall be revised or amended unless the new ordinance contains the entire ordinance or section as revised or amended and the ordinance or section that is amended is repealed.
Source
Laws 2009, LB532, § 4.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-191 - Style of ordinance; publication.

23-191.
Style of ordinance; publication.
The style of county ordinances shall be: "Be it ordained by the county board of the county of ...........," and all county ordinances shall, within fifteen days after they are adopted, be published in some newspaper published or of general circulation within the county.
Source
Laws 2009, LB532, § 5.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-193 - County attorney; powers; filing of ordinances.

23-193.
County attorney; powers; filing of ordinances.
A county attorney may sign and prosecute a complaint in the county court for a violation of an ordinance of the county in which he or she serves as county attorney. No county may prosecute a complaint for a violation of an ordinance unless such county has on file with the court a current copy of the ordinances of such county. Subject to guidelines provided by the State Court Administrator, the court shall prescribe the form in which such ordinances shall be filed.
Source
Laws 2009, LB532, § 7.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-201 - Township organization; adoption.

23-201.
Township organization; adoption.
At any general election that may be held in the several counties of the state, the qualified voters in any county may vote for or against township organization in such county.
Source
Laws 1895, c. 28, § 1, p. 131;
R.S.1913, § 987;
C.S.1922, § 887;
C.S.1929, § 26-201;
R.S.1943, § 23-201.
Annotations
1. Officers
2. Vacancies
3. Construction
1. Officers
Township organization is provided for and affords supervisors, who divide the county into townships. Franek v. Butler County, 126 Neb. 797, 254 N.W. 489 (1934).
Under former law, cities entitled to two supervisors voted as one district and for both supervisors. State ex rel. Brown v. Welsh, 62 Neb. 721, 87 N.W. 529 (1901).
Member of board is township officer and should address his resignation to town clerk. State ex rel. Godard v. Taylor, 26 Neb. 580, 42 N.W. 729 (1889).
Commissioners act until supervisors are organized. State ex rel. Lichty v. Musselman, 20 Neb. 174, 29 N.W. 307 (1886).
Adoption of township organization does not shorten term of county officers. State ex rel. Crossley v. Hedlund, 16 Neb. 566, 20 N.W. 876 (1884).
2. Vacancies
Vacancies in cities are filled by mayor and council. State ex rel. Truesdell v. Plambeck, 36 Neb. 401, 54 N.W. 667 (1893).
Vacancies on temporary organization of town should be filled by county clerk. State ex rel. Davis v. Forney, 21 Neb. 223, 31 N.W. 802 (1887).
3. Construction
York County stated to have adopted township form of government. Thompson v. James, 125 Neb. 350, 250 N.W. 237 (1933).
Act of 1895 relating to township organization sustained as constitutional. Van Horn v. State ex rel. Abbott, 46 Neb. 62, 64 N.W. 365 (1895).
The several statutes on township organization should be construed together. Albert v. Twohig, 35 Neb. 563, 53 N.W. 582 (1892).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-202 - Township organization; petition; filing; election.

23-202.
Township organization; petition; filing; election.
(1) In counties not under township organization, a registered voter may file a petition or petitions for the submission of the question of township organization. The petition or petitions shall be signed by registered voters equal in number to five percent of the voters registered in the county at the preceding statewide general election.
(2) The petition or petitions shall be filed in the office of the election commissioner or county clerk by September 1 of the year of the general election at which the petitioners wish to have the question submitted for a vote. If such petition or petitions are filed in conformance with this subsection, the question shall be submitted to the registered voters at the next general election held after the filing of the petition or petitions. The questions on the ballot shall be respectively: For changing to township organization with a seven-member county board of supervisors; or Against changing to township organization.
(3) Elections shall be conducted as provided in the Election Act.
Source
Laws 1895, c. 28, § 2, p. 131;
R.S.1913, § 988;
C.S.1922, § 888;
C.S.1929, § 26-202;
R.S.1943, § 23-202;
Laws 2008, LB269, § 4;
Laws 2009, LB434, § 1;
Laws 2019, LB411, § 25.
Cross References
Election Act, see section 32-101.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-203 - When effective.

23-203.
When effective.
If it shall appear by the returns of said election that a majority of the legal voters of such county voting upon the proposition are for township organization, then the office of county commissioner and the board of county commissioners shall cease to exist on and after the meeting of the supervisors of the county as hereinafter provided, and the county so voting for the adoption of township organization shall thereafter be governed by and subject to the provisions of sections 23-201 to 23-299.
Source
Laws 1895, c. 28, § 3, p. 131;
R.S.1913, § 989;
C.S.1922, § 889;
Laws 1927, c. 53, § 1, p. 208;
C.S.1929, § 26-203;
R.S.1943, § 23-203;
Laws 1947, c. 64, § 1, p. 210.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-205 - Supervisor districts; how numbered.

23-205.
Supervisor districts; how numbered.
When the county has been divided as provided in section 23-204, the county attorney, county clerk and county treasurer shall at once proceed to number such districts from one to seven and in case of a city district as contemplated in said section, it shall give such city district two numbers, one odd and one even.
Source
Laws 1895, c. 28, § 5, p. 132;
R.S.1913, § 991;
C.S.1922, § 891;
C.S.1929, § 26-205;
R.S.1943, § 23-205;
Laws 1947, c. 64, § 3, p. 211;
Laws 1979, LB 331, § 5.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-206 - Supervisor districts; cities and villages.

23-206.
Supervisor districts; cities and villages.
In the event any city having one thousand inhabitants or more as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census shall have enough inhabitants to form one supervisor district, then such city shall constitute one district, or in case the number of inhabitants is fewer than the number in the other districts, then so much contiguous territory shall be added to such city to give it sufficient inhabitants for one supervisor district. Villages may be enumerated with general districts, counting all the inhabitants therein as being within the districts wherein such town or village is situated. No village, or any part thereof, shall be included in or made a part of any supervisor district containing a city having one thousand inhabitants or more as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census, or containing any part of such city.
Source
Laws 1895, c. 28, § 6, p. 133;
R.S.1913, § 992;
Laws 1917, c. 17, § 2, p. 82;
C.S.1922, § 892;
C.S.1929, § 26-206;
R.S.1943, § 23-206;
Laws 2019, LB67, § 5.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-207 - Supervisors; first board; how constituted.

23-207.
Supervisors; first board; how constituted.
The county attorney, county clerk, and county treasurer shall forthwith appoint seven supervisors, who shall duly qualify and file their oath of office and bond with the county judge within ten days after such appointment.
Source
Laws 1895, c. 28, § 7, p. 133;
R.S.1913, § 993;
C.S.1922, § 893;
C.S.1929, § 26-207;
R.S.1943, § 23-207;
Laws 1947, c. 64, § 4, p. 211;
Laws 1979, LB 331, § 6.
Annotations
Elected county officials are required to give individual official bonds. Blanket bond is not sufficient. Foote v. County of Adams, 163 Neb. 406, 80 N.W.2d 179 (1956).
Vacancies are filled by other members of board. State ex rel. Hunker v. West, 62 Neb. 461, 87 N.W. 176 (1901).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-208 - First board of supervisors; organization.

23-208.
First board of supervisors; organization.
The newly appointed supervisors shall, after their bonds are duly approved, meet the first Tuesday in December following the election adopting township organization. They shall at once organize by electing one of the seven supervisors as chairman, who shall appoint all the necessary committees. From and after such meeting and organization the powers of the county commissioners shall cease and the board so organized shall have all the powers, and perform all and singular the duties performed by county boards as contemplated by law.
Source
Laws 1895, c. 28, § 8, p. 133;
R.S.1913, § 994;
C.S.1922, § 894;
C.S.1929, § 26-208;
R.S.1943, § 23-208;
Laws 1947, c. 64, § 5, p. 211.
Annotations
The powers and duties of a county board are not altered by the adoption of township organization. Butler County Dairy v. Butler County, 285 Neb. 408, 827 N.W.2d 267 (2013).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-209 - Board of supervisors; division of county.

23-209.
Board of supervisors; division of county.
When the board of supervisors shall have been organized as stated in section 23-208, they shall at once divide the county into townships. The board of supervisors shall divide the county into townships of sufficient population and territory to provide a workable township organization.
Source
Laws 1895, c. 28, § 9, p. 134;
R.S.1913, § 995;
C.S.1922, § 895;
C.S.1929, § 26-209;
R.S.1943, § 23-209;
Laws 1969, c. 152, § 1, p. 718.
Annotations
Because a township is created by a county from the territory of the county, a county is higher than a township in the hierarchy of political subdivisions in Nebraska. Butler County Dairy v. Butler County, 285 Neb. 408, 827 N.W.2d 267 (2013).
In a county under township organization, board of supervisors may create new towns. State ex rel. Town of Ewing v. Town of Golden, 99 Neb. 782, 157 N.W. 971 (1916).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-210 - Township; creation from city of second class; petition.

23-210.
Township; creation from city of second class; petition.
Wherever a city of the second class in a county under township organization forms a part of one or more townships in any county, the county board of said county is empowered to create a new township out of said city, whenever requested so to do by a petition or petitions signed by sixty percent of the electors of said city, and also by sixty percent of the electors of the outlying part of the township or townships, of which said city forms a part;
Provided, however,
that before final action is taken in such matter by said board, two weeks' notice of the filing of such petition, or petitions, and of the time when and place where a hearing thereon will be had, shall be given by publication in some newspaper published in said city, if any such there be.
Source
Laws 1915, c. 179, § 1, p. 363;
C.S.1922, § 896;
C.S.1929, § 26-210;
R.S.1943, § 23-210.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-211 - Township; creation from city of second class; boundaries; alteration.

23-211.
Township; creation from city of second class; boundaries; alteration.
If any change is made in the corporate boundaries of any city of the second class, after same has been formed into a separate township, the county board of the county in which said city is situated shall have the power to make corresponding changes in the township boundaries of the said city township without either a petition for or notice of such proposed changes.
Source
Laws 1915, c. 179, § 2, p. 363;
C.S.1922, § 897;
C.S.1929, § 26-211;
R.S.1943, § 23-211.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-212 - Township; change of name.

23-212.
Township; change of name.
The board shall also at the meeting mentioned in sections 23-208 and 23-209 designate the name of each town, and may change the name of any town at any other meeting of such board upon a petition of a majority of the voters of such town.
Source
Laws 1895, c. 28, § 10, p. 134;
R.S.1913, § 996;
C.S.1922, § 898;
C.S.1929, § 26-212;
R.S.1943, § 23-212;
Laws 1961, c. 88, § 1, p. 308.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-213 - Township; names; recording.

23-213.
Township; names; recording.
The county clerk shall record in a book kept for that purpose the names and boundaries of each town as designated by the county board, and shall forthwith forward an abstract thereof to the Auditor of Public Accounts of this state, who shall make a record of the same.
Source
Laws 1895, c. 28, § 11, p. 134;
R.S.1913, § 997;
C.S.1922, § 899;
C.S.1929, § 26-213;
R.S.1943, § 23-213.
Annotations
Road district is not a political entity. Townships may sue road overseers for breach of duty. Town of Denver v. Myers, 63 Neb. 107, 88 N.W. 191 (1901).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-214 - Chairman of township board; appointment; qualifications.

23-214.
Chairman of township board; appointment; qualifications.
The county board shall also, at the meeting at which it shall fix and name the several townships, appoint for each township some suitable person, who is an elector within the township, as chairman of the township board. The person so appointed shall, on or before the first Tuesday in January next ensuing, take the oath of office and file a bond as provided by law. Such bond shall be approved by the board as provided by law. In case such person shall neglect or refuse to qualify, the county board shall at its regular January meeting appoint another who shall qualify as above stated. The person so appointed shall hold said office until his successor shall be duly elected and qualified as provided by law.
Source
Laws 1895, c. 28, § 12, p. 135;
R.S.1913, § 998;
C.S.1922, § 900;
C.S.1929, § 26-214;
R.S.1943, § 23-214;
Laws 1957, c. 62, § 1, p. 281;
Laws 1969, c. 153, § 1, p. 719;
Laws 1973, LB 75, § 2.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-215 - Town clerk and treasurer; qualifications; bond.

23-215.
Town clerk and treasurer; qualifications; bond.
The county board shall on or before the third Tuesday in December following the adoption of township organization, appoint for each township one town clerk and one treasurer who are qualified electors residing in the township. Such persons so appointed shall on or before the first Tuesday in January next ensuing take the oath of office and give bond as provided by law. The county board shall approve such bonds at its January meeting or shall meet and approve all bonds given to fill vacancies provided for in this section and section 23-214 before the first day of April next ensuing. In the event the persons appointed shall fail or refuse to qualify by the time named above, the county board shall name some other person or persons possessing the qualifications mentioned in this section. The persons so appointed shall qualify and hold their offices for the term.
Source
Laws 1895, c. 28, § 13, p. 135;
R.S.1913, § 999;
C.S.1922, § 901;
C.S.1929, § 26-215;
R.S.1943, § 23-215;
Laws 1973, LB 75, § 3.
Annotations
Although each township has a township board and township officers, each of which has statutorily prescribed powers and duties, the powers of the township are exercised through direct local self-government. Butler County Dairy v. Butler County, 285 Neb. 408, 827 N.W.2d 267 (2013).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-219 - Town; corporate name.

23-219.
Town; corporate name.
The corporate name of each town shall be the town of (name of town), and all acts done by the town and all actions by or against the town shall be in its corporate name.
Source
Laws 1895, c. 28, § 17, p. 136;
R.S.1913, § 1003;
C.S.1922, § 905;
C.S.1929, § 26-219;
R.S.1943, § 23-219.
Annotations
All actions by or against a town are required to be in its corporate name. Town of Denver v. Myers, 63 Neb. 107, 88 N.W. 191 (1901).