reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-216 - Municipality; accept gifts of money; expend.

3-216.
Municipality; accept gifts of money; expend.
A municipality is authorized to accept, receive, and receipt for federal money, and other money, either public or private, for the acquisition, construction, enlargement, improvement, maintenance, equipment, or operation of airports and other air navigation facilities, and sites therefor, and to comply with the provisions of the laws of the United States and any rules and regulations made thereunder for the expenditure of federal money upon such airports and other air navigation facilities.
Source
Laws 1945, c. 34, § 9(1), p. 163.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-218 - Contracts; laws governing.

3-218.
Contracts; laws governing.
All contracts for the acquisition, construction, enlargement, improvement, maintenance, equipment, or operation of airports or other air navigation facilities, made by the municipality itself or through the agency of the Division of Aeronautics of the Department of Transportation, shall be made pursuant to the laws of this state governing the making of like contracts, except that where such acquisition, construction, improvement, enlargement, maintenance, equipment, or operation is financed wholly or partly with federal money, the municipality or the division as its agent may let contracts in the manner prescribed by the federal authorities, acting under the laws of the United States, and any rules or regulations made thereunder.
Source
Laws 1945, c. 34, § 9(3), p. 164;
Laws 2017, LB339, § 58.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-219 - Municipality; public waters; powers.

3-219.
Municipality; public waters; powers.
The power herein granted to a municipality to establish and maintain airports shall include the power to establish and maintain such airports in, over and upon any public waters of this state within the limits or jurisdiction of or bordering on the municipality, any submerged land under such public waters, and any artificial or reclaimed land which before the artificial making or reclamation thereof constituted a portion of the submerged land under such public waters, and as well the power to construct and maintain terminal buildings, landing floats, causeways, roadways and bridges for approaches to or connecting with the airport, and landing floats and breakwaters for the protection of any such airport.
Source
Laws 1945, c. 34, § 10(1), p. 164.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-220 - Municipalities; public waters; additional powers.

3-220.
Municipalities; public waters; additional powers.
All the other powers herein granted municipalities with reference to airports on land are granted to them with reference to such airports in, over and upon public waters, submerged land under public waters, and artificial or reclaimed land.
Source
Laws 1945, c. 34, § 10(2), p. 165.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-221 - Joint exercise of powers, authorized; when.

3-221.
Joint exercise of powers, authorized; when.
All powers, rights and authority granted to any municipality in sections 3-201 to 3-238 and 18-1502 may be exercised and enjoyed by two or more municipalities, or by this state and one or more municipalities therein, acting jointly, either within or without the territorial limits of either or any of said municipalities and within or without this state, or by this state or any municipality therein, acting jointly with any other state or municipality therein, either within or without this state, if the laws of such other state permit such joint action.
Source
Laws 1945, c. 34, § 11(1), p. 165.
Annotations
Power to condemn may be exercised jointly by village and county. Spencer v. Village of Wallace, 153 Neb. 536, 45 N.W.2d 473 (1951).
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-222 - Municipality; terms, defined.

3-222.
Municipality; terms, defined.
For purposes of sections 3-221 to 3-232 only, unless another intention clearly appears or the context otherwise requires, this state shall be included in the term municipality, and all the powers conferred upon municipalities in the Revised Airports Act and section 18-1502, if not otherwise conferred by law, are hereby conferred upon this state when acting jointly with any municipality or municipalities. Where reference is made to the governing body of a municipality, that term shall mean, as to the state, the Division of Aeronautics of the Department of Transportation.
Source
Laws 1945, c. 34, § 11(2), p. 165;
Laws 2017, LB339, § 59.
Annotations
State of Nebraska and municipality may act jointly in acquiring airport. Spencer v. Village of Wallace, 153 Neb. 536, 45 N.W.2d 473 (1951).
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-223 - Municipality; joint agreements and action; authorized.

3-223.
Municipality; joint agreements and action; authorized.
Any two or more municipalities may enter into agreements with each other, duly authorized by ordinance or resolution, as may be appropriate, for joint action pursuant to the provisions of sections 3-221 to 3-232. Concurrent action by the governing bodies of the municipalities involved shall constitute joint action.
Source
Laws 1945, c. 34, § 11(3), p. 165.
Annotations
Two or more municipalities may agree with each other for joint action in establishing airport. Spencer v. Village of Wallace, 153 Neb. 536, 45 N.W.2d 473 (1951).
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-224 - Joint agreements; contents.

3-224.
Joint agreements; contents.
Each such agreement shall (1) specify its terms, (2) the proportionate interest which each municipality shall have in the property, facilities and privileges involved, (3) the proportion of the preliminary costs, costs of acquisition, establishment, construction, enlargement, improvement and equipment, and of the expenses of maintenance, operation and regulation to be borne by each, (4) make such other provisions as may be necessary to carry out the provisions of sections 3-221 to 3-232, (5) provide for amendments thereof, (6) the conditions and methods of termination and (7) the disposition of all or any part of the property, facilities and privileges jointly owned if said property, facilities and privileges, or any part thereof, shall cease to be used for the purposes herein provided or if the agreement shall be terminated, and for the distribution of the proceeds received upon any such disposition, and of any funds or other property jointly owned and undisposed of, and the assumption or payment of any indebtedness arising from the joint venture which remains unpaid, upon any such disposition or upon a termination of the agreement.
Source
Laws 1945, c. 34, § 11(4), p. 165.
Annotations
Two or more municipalities may agree for joint ownership and operation of an airport. Spencer v. Village of Wallace, 153 Neb. 536, 45 N.W.2d 473 (1951).
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-225 - Joint agreements; board, created; members; terms; compensation.

3-225.
Joint agreements; board, created; members; terms; compensation.
Municipalities acting jointly as herein authorized shall create a board from the inhabitants of such municipalities for the purpose of acquiring property for, establishing, constructing, enlarging, improving, maintaining, equipping, operating and regulating the airports and other air navigation facilities and airport protection privileges to be jointly acquired, controlled, and operated. Such board shall consist of members to be appointed by the governing body of each municipality involved, the number to be appointed by each to be provided for by the agreement for the joint venture. Each member shall serve for such time and upon such terms as to compensation, if any, as may be provided for in the agreement.
Source
Laws 1945, c. 34, § 11(5), p. 166.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-226 - Board; officers; adopt rules of procedure.

3-226.
Board; officers; adopt rules of procedure.
Each such board shall organize, select officers for terms to be fixed by the agreement, and adopt and from time to time amend rules of procedure.
Source
Laws 1945, c. 34, § 11(6), p. 166.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-227 - Board; powers.

3-227.
Board; powers.
Such board may exercise, on behalf of the municipalities acting jointly by which it is appointed, all the powers of each of such municipalities granted by the Revised Airports Act, except as otherwise provided in the act. Real property, airports, restricted landing areas, air protection privileges, or personal property costing in excess of a sum to be fixed by the joint agreement, may be acquired, and condemnation proceedings may be instituted, only by authority of the governing bodies of each of the municipalities involved. The total amount of expenditures to be made by the board for any purpose in any calendar year shall be determined by the municipalities involved by the approval by each on or before the preceding May 1, of a budget for the ensuing fiscal year. Rules and regulations provided for by subdivision (2) of section 3-215 shall become effective only upon approval of each of the appointing governing bodies and the Division of Aeronautics of the Department of Transportation. No real property and no airport, other air navigation facility, or air protection privilege, owned jointly, shall be disposed of by the board, by sale, lease, or otherwise, except by authority of all the appointing governing bodies, but the board may lease space, area, or improvements and grant concessions on airports for aeronautical purposes or purposes incidental thereto, subject to subdivision (3) of section 3-215. This section shall not be construed to affect the obligation of a lessee to pay taxes if taxes are due under sections 77-202, 77-202.11, and 77-202.12.
Source
Laws 1945, c. 34, § 11(7), p. 166;
Laws 2001, LB 173, § 4;
Laws 2017, LB339, § 60.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-228 - Joint agreements; ordinances enacted concurrent with each other; effect; publication.

3-228.
Joint agreements; ordinances enacted concurrent with each other; effect; publication.
Each municipality, acting jointly with another, pursuant to the Revised Airports Act, is authorized and empowered to enact, concurrently with the other municipalities involved, such ordinances as are provided for by subdivision (2) of section 3-215, and to fix by such ordinances penalties for the violation thereof. Such ordinances, when so concurrently adopted, shall have the same force and effect within the municipalities and on any property jointly controlled by them or adjacent thereto, whether within or without the territorial limits of either or any of them, as ordinances of each municipality involved, and may be enforced in any one of the municipalities in like manner as are its individual ordinances. The consent of the Division of Aeronautics of the Department of Transportation to any such ordinance, where the state is a party to the joint venture, shall be equivalent to the enactment of the ordinance by a municipality. The publication provided for in subdivision (2) of section 3-215 shall be made in each municipality involved in the manner provided by law or charter for publication of its individual ordinances.
Source
Laws 1945, c. 34, § 11(8), p. 167;
Laws 2017, LB339, § 61.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-229 - Joint agreements; condemnation proceedings; property acquired held as tenants in common.

3-229.
Joint agreements; condemnation proceedings; property acquired held as tenants in common.
Condemnation proceedings shall be instituted, in the names of the municipalities jointly, and the property acquired shall be held by the municipalities as tenants in common. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.
Source
Laws 1945, c. 34, § 11(9), p. 168;
Laws 1951, c. 101, § 28, p. 459.
Annotations
Condemnation may be instituted by municipalities jointly. Spencer v. Village of Wallace, 153 Neb. 536, 45 N.W.2d 473 (1951).
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-230 - Joint agreements; funds; revenue, use.

3-230.
Joint agreements; funds; revenue, use.
For the purpose of providing funds for necessary expenditures in carrying out the provisions of sections 3-221 to 3-232, a joint fund shall be created and maintained, into which each of the municipalities involved shall deposit its proportionate share as provided by the joint agreement. Such funds are to be provided by bond issues, tax levies and appropriations made by each municipality in the same manner as though it were acting separately under the authority of sections 3-201 to 3-238 and 18-1502. The revenue obtained from the ownership, control and operation of the airports and other air navigation facilities jointly controlled shall be paid into such fund, to be expended as provided in section 3-214. Revenue in excess of the cost of maintenance and operating expenses of the joint properties shall be divided as may be provided in the original agreement for the joint venture.
Source
Laws 1945, c. 34, § 11(10), p. 168.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-231 - Joint agreements; funds; disbursed by order of board.

3-231.
Joint agreements; funds; disbursed by order of board.
All disbursements from such fund shall be made by order of the board in accordance with such rules and regulations and for such purposes as the appointing governing bodies, acting jointly, shall prescribe.
Source
Laws 1945, c. 34, § 11(11), p. 168.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-232 - Joint agreements; specific performance authorized.

3-232.
Joint agreements; specific performance authorized.
Specific performance of the provisions of any joint agreement entered into as provided for in sections 3-221 to 3-231 may be enforced as against any party thereto by the other party or parties thereto.
Source
Laws 1945, c. 34, § 11(12), p. 168.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-233 - Municipality; assist another municipality; gift; lease; appropriation of money by taxation or bonds.

3-233.
Municipality; assist another municipality; gift; lease; appropriation of money by taxation or bonds.
Whenever the governing body of any municipality determines that the public interest and the interests of the municipality will be served by assisting any other municipality in exercising the powers and authority granted by sections 3-201 to 3-238 and 18-1502, such first-mentioned municipality is expressly authorized and empowered to furnish such assistance by gift, or lease with or without rental, of real property, by the donation, lease with or without rental, or loan, of personal property, and by the appropriation of money, which may be provided for by taxation or the issuance of bonds in the same manner as funds might be provided for the same purposes if the municipality were exercising the powers heretofore granted in its own behalf.
Source
Laws 1945, c. 34, § 12, p. 168.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-234 - Purpose of sections.

3-234.
Purpose of sections.
The purposes of sections 3-201 to 3-238 and 18-1502 are specifically declared to be county purposes as well as generally public, governmental and municipal.
Source
Laws 1945, c. 34, § 13(1), p. 169.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-236 - Airport and air navigational facility; laws governing; jurisdiction.

3-236.
Airport and air navigational facility; laws governing; jurisdiction.
Every airport and other air navigation facility controlled and operated by any municipality, or jointly controlled and operated pursuant to the provisions of sections 3-201 to 3-238 and 18-1502, shall, subject to federal and state laws, rules, and regulations, be under the exclusive jurisdiction and control of the municipality or municipalities controlling and operating it and no other municipality in which such airport or air navigation facility shall have any police jurisdiction of the same or any authority to charge or exact any license fees or occupation taxes for the operations thereon. Such municipality or municipalities shall have concurrent jurisdiction over the adjacent territory described in subdivision (2) of section 3-215.
Source
Laws 1945, c. 34, § 14, p. 169.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-237 - Sections, how construed.

3-237.
Sections, how construed.
Sections 3-201 to 3-238 and 18-1502 shall be so interpreted and construed as to make uniform so far as possible the laws and regulations of this state and other states and of the government of the United States having to do with the subject of aeronautics.
Source
Laws 1945, c. 34, § 16, p. 169.
Annotations
Uniformity of construction of act is sought. Brasier v. Cribbett, 166 Neb. 145, 88 N.W.2d 235 (1958).
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-238 - Act, how cited.

3-238.
Act, how cited.
Sections 3-201 to 3-238 and 18-1502 may be cited as the Revised Airports Act.
Source
Laws 1945, c. 34, § 18, p. 170.
Annotations
Scope and manner of citation of act is set out. Brasier v. Cribbett, 166 Neb. 145, 88 N.W.2d 235 (1958).
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-240 - Extraterritorial airport; terms, defined.

3-240.
Extraterritorial airport; terms, defined.
As used in sections 3-240 to 3-244, unless the context otherwise requires:
(1) Airport means any area of land or water which is used or intended for use, for the landing and taking off of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon.
(2) Air navigation facility means any facility, other than one owned and operated by the United States, used in, available for use in, or designed for use in, aid of air navigation, including any structures, mechanisms, lights, beacons, markers, communicating systems, or other instrumentalities, or devices used or useful as an aid, or constituting an advantage or convenience, to the safe taking off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of such facilities.
(3) Governmental agency means any municipality, city, village, county, public corporation, or other public agency.
Source
Laws 1949, c. 1, § 1, p. 55.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-241 - Extraterritorial airport; state or governmental agency; powers.

3-241.
Extraterritorial airport; state or governmental agency; powers.
This state or any governmental agency of this state having any powers with respect to planning, establishing, acquiring, developing, constructing, enlarging, improving, maintaining, equipping, operating, regulating, or protecting airports or air navigation facilities within this state, may exercise those powers within any state or jurisdiction adjoining this state, subject to the laws of that state or jurisdiction.
Source
Laws 1949, c. 1, § 2, p. 55.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-242 - Extraterritorial airport; adjoining state; powers; right of eminent domain; reciprocity.

3-242.
Extraterritorial airport; adjoining state; powers; right of eminent domain; reciprocity.
Any state adjoining this state or any governmental agency thereof may plan, establish, acquire, develop, construct, enlarge, improve, maintain, equip, operate, regulate, and protect airports and air navigation facilities within this state, subject to the laws of this state applicable to airports and air navigation facilities. The adjoining state or governmental agency shall have the power of eminent domain in this state, if the adjoining state authorizes the exercise of that power therein by this state or any governmental agency thereof having any of the powers mentioned in section 3-241. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.
Source
Laws 1949, c. 1, § 3, p. 56;
Laws 1951, c. 101, § 29, p. 459.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-243 - Extraterritorial airport; joint exercise of powers.

3-243.
Extraterritorial airport; joint exercise of powers.
The powers granted by sections 3-241 and 3-242 may be exercised jointly by two or more states or governmental agencies, including this state and its governmental agencies, in such combination as may be agreed upon by them.
Source
Laws 1949, c. 1, § 4, p. 56.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-302 - Airport hazard; public nuisance; prevention.

3-302.
Airport hazard; public nuisance; prevention.
(1) It is hereby found that an airport hazard endangers the lives and property of the users of an airport and occupants of land in its vicinity and also, if of the obstruction type, in effect reduces the size of the area available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein.
(2) Accordingly, it is hereby declared that (a) the creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport in question, (b) it is necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards be prevented, and (c) the prevention of airport hazards should be accomplished, to the extent legally possible, by the exercise of the police power, without compensation.
(3) It is further declared that both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or property interests therein.
Source
Laws 1945, c. 233, § 2, p. 683;
Laws 2013, LB140, § 2.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-303 - Airport hazard; zoning regulations; modifications and exceptions.

3-303.
Airport hazard; zoning regulations; modifications and exceptions.
In order to prevent the creation or establishment of airport hazards, every political subdivision that has an airport hazard area within the area of its zoning jurisdiction shall adopt, administer, and enforce, under the police power and in the manner and upon the conditions prescribed in the Airport Zoning Act, airport zoning regulations for such airport hazard area. The regulations shall meet the minimum regulations as prescribed by the Division of Aeronautics of the Department of Transportation and may divide such area into zones and, within such zones, specify the land uses permitted and regulate and restrict the height to which structures may be erected and trees allowed to grow, except that a political subdivision or a joint airport zoning board provided for in section 3-304 may include modifications or exceptions to the airport zoning regulations adopted under the Airport Zoning Act that the political subdivision or joint airport zoning board deems appropriate. Such modifications and exceptions shall not be considered a conflict for purposes of section 3-306. The authority of a political subdivision to adopt airport zoning regulations shall not be conditional upon prior adoption of a comprehensive development plan or a comprehensive zoning ordinance.
Source
Laws 1945, c. 233, § 3(1), p. 683;
Laws 1961, c. 9, § 1, p. 96;
Laws 2010, LB512, § 1;
Laws 2013, LB140, § 3;
Laws 2017, LB339, § 63.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-304 - Joint airport zoning board; airport zoning regulation; filing.

3-304.
Joint airport zoning board; airport zoning regulation; filing.
If an airport is owned or controlled by a political subdivision and any airport hazard area appertaining to such airport is located outside of the political subdivision's zoning jurisdiction, the political subdivision owning or controlling the airport and the political subdivision or political subdivisions within whose zoning jurisdiction the airport hazard area or areas are located may, by ordinance or resolution duly adopted, create a joint airport zoning board, which board shall have the same power to adopt, by resolution approved by a majority of the board, airport zoning regulations applicable to an airport hazard area as that vested by section 3-303 in any political subdivision within whose zoning jurisdiction such area is located. Any airport zoning regulation, or any amendment thereto, adopted by a joint airport zoning board shall be filed with the official or administrative agency responsible for the enforcement of zoning regulations in each of the political subdivisions participating in the creation of the joint airport zoning board and shall be enforced as provided in section 3-319.
Source
Laws 1945, c. 233, § 3(2), p. 683;
Laws 1961, c. 9, § 2, p. 96;
Laws 1984, LB 837, § 1;
Laws 2010, LB512, § 2;
Laws 2013, LB140, § 4.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-304.01 - Joint airport zoning board; members; term.

3-304.01.
Joint airport zoning board; members; term.
If a joint airport zoning board is created pursuant to section 3-304, such board shall have two representatives appointed by each political subdivision participating in its creation as members thereof and also a chairperson elected by a majority of the members so appointed. The term of each member shall be four years.
Source
Laws 2013, LB140, § 5.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-305 - Zoning regulations; comprehensive zoning ordinance.

3-305.
Zoning regulations; comprehensive zoning ordinance.
In the event that a political subdivision has adopted or hereafter adopts a comprehensive zoning ordinance regulating, among other things, the height of buildings, any airport zoning regulations applicable to the same area or portion thereof may be incorporated in and made a part of such comprehensive zoning regulations and be administered and enforced in connection therewith.
Source
Laws 1945, c. 233, § 4(1), p. 684.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-306 - Zoning regulations; conflict; stringent limitation or requirement prevails.

3-306.
Zoning regulations; conflict; stringent limitation or requirement prevails.
In the event of any conflict between any airport zoning regulations adopted under the Airport Zoning Act and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, and whether such other regulations were adopted by the political subdivision which adopted the airport zoning regulations or by some other political subdivision, the more stringent limitation or requirement shall govern and prevail.
Source
Laws 1945, c. 233, § 4(2), p. 684;
Laws 2013, LB140, § 6.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-307 - Zoning regulations; adoption; notice; hearing.

3-307.
Zoning regulations; adoption; notice; hearing.
No airport zoning regulations shall be adopted, amended, or changed under the Airport Zoning Act except by the action of the legislative body of the political subdivision in question, or the joint airport zoning board provided for in section 3-304, after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least ten days' notice of the hearing shall be published in an official paper, or a paper of general circulation, in the political subdivision or subdivisions in which the airport hazard area is located.
Source
Laws 1945, c. 233, § 5(1), p. 684;
Laws 2013, LB140, § 7.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-308 - Zoning regulations; procedure for adoption; commission; appointment; preliminary report; public hearings; final report.

3-308.
Zoning regulations; procedure for adoption; commission; appointment; preliminary report; public hearings; final report.
Prior to the initial zoning of any airport hazard area under the Airport Zoning Act, the political subdivision or joint airport zoning board which is to adopt the regulations shall appoint a commission, to be known as the airport zoning commission, to recommend the boundaries of the various zones to be established and the regulations to be adopted therefor. Such commission shall make a preliminary report and hold public hearings thereon before submitting its final report. The legislative body of the political subdivision or the joint airport zoning board shall not hold its public hearings or take other action until it has received the final report of such commission. If a city or county planning commission or a joint or interjurisdictional planning commission already exists, it may be appointed as the airport zoning commission.
Source
Laws 1945, c. 233, § 5(2), p. 685;
Laws 2013, LB140, § 8.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-309 - Zoning regulations; requirements; reasonable.

3-309.
Zoning regulations; requirements; reasonable.
All airport zoning regulations adopted under the Airport Zoning Act shall be reasonable and not impose any requirement or restriction which is not reasonably necessary to effectuate the purposes of the act. In determining what regulations it may adopt, each political subdivision and joint airport zoning board shall consider, among other things, the character of the flying operations expected to be conducted at the airport, the nature of the terrain within the airport hazard area, the character of the neighborhood, and the uses to which the property to be zoned is put and adaptable. If an airport layout plan has been submitted for approval to the Federal Aviation Administration with a proposed instrument runway depicted thereon and such airport layout plan is conditionally or unconditionally approved without such proposed instrument runway, the political subdivision shall adopt or revise, as necessary, airport zoning regulations to protect any approach zone for a visual runway only.
Source
Laws 1945, c. 233, § 6(1), p. 685;
Laws 2013, LB140, § 9.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-310 - Zoning regulations; nonconforming use; exception.

3-310.
Zoning regulations; nonconforming use; exception.
(1) No airport zoning regulations adopted under the Airport Zoning Act shall require the removal, lowering, or other change or alteration of any existing structure or tree not conforming to the regulations when adopted or amended or otherwise interfere with the continuance of any nonconforming use, except as provided in section 3-311.
(2) Any structure that has not yet been constructed but that has received, prior to August 1, 2013, zoning approval from the political subdivision exercising zoning jurisdiction over such structure may be constructed and shall thereafter be considered an existing structure for purposes of this section.
Source
Laws 1945, c. 233, § 6(2), p. 685;
Laws 2013, LB140, § 10.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-311 - Zoning regulations; new or changed structure; nonconforming use; permit.

3-311.
Zoning regulations; new or changed structure; nonconforming use; permit.
(1) Airport zoning regulations adopted under the Airport Zoning Act may require that a permit be obtained before any new structure or use may be constructed or established and before any existing use or structure may be substantially changed, altered, or repaired.
(2) Except as provided in subsection (3) of this section for certain electric facilities, all airport zoning regulations adopted under the act shall provide that before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted, a permit authorizing any replacement, alteration, repair, reconstruction, growth, or replanting must be secured from the administrative agency authorized to administer and enforce the regulations. A permit shall be granted under this subsection if the applicant shows that the replacement, alteration, repair, reconstruction, growth, or replanting of the nonconforming structure, tree, or nonconforming use would not result in an increase in height or a greater hazard to air navigation than the condition that existed when the applicable regulation was adopted. For nonconforming structures other than electric facilities, no permit under this subsection shall be required for repairs necessitated by fire, explosion, act of God, or the common enemy or for repairs which do not involve expenditures exceeding more than sixty percent of the fair market value of the nonconforming structure, so long as the height of the nonconforming structure is not increased over its preexisting height.
(3) An electric supplier owning or operating an electric facility made nonconforming by the adoption of airport zoning regulations under the Airport Zoning Act may, without a permit or other approval by the political subdivision adopting such regulations, repair, reconstruct, or replace such electric facility if the height of such electric facility is not increased over its preexisting height. Any construction, repair, reconstruction, or replacement of an electric facility, the height of which will exceed the preexisting height of such electric facility, shall require a permit from the political subdivision adopting such regulations. The permit shall be granted only upon a showing that the excess height of the electric facility will not establish or create an airport hazard or become a greater hazard to air navigation than the electric facility that previously existed.
Source
Laws 1945, c. 233, § 7(1), p. 685;
Laws 2013, LB140, § 11.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-312 - Zoning regulations; property inconsistent with regulations; variance; allowance; exception.

3-312.
Zoning regulations; property inconsistent with regulations; variance; allowance; exception.
Any person desiring to erect any structure, increase the height of any structure, permit the growth of any tree, or otherwise use his or her property in a manner inconsistent with the airport zoning regulations adopted under the Airport Zoning Act may apply to the board of adjustment for a variance from the zoning regulations in question. Such variances shall be allowed only if the board of adjustment makes the same findings for the granting of variances generally as set forth in subsection (2) of section 19-910, except that if the applicant demonstrates that the proposed structure or alteration of a structure does not require any modification or revision to any approach or approach procedure as approved or written by the Federal Aviation Administration on either an existing or proposed runway and the applicant provides signed documentation from the Federal Aviation Administration that the proposed structure or alteration of the structure will not require any modification or revision of any airport minimums, such documentation may constitute evidence of undue hardship and the board of adjustment may grant the requested variance without such findings. Any variance may be allowed subject to any reasonable conditions that the board of adjustment may deem necessary to effectuate the purposes of the act.
Source
Laws 1945, c. 233, § 7(2), p. 686;
Laws 2013, LB140, § 12.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-313 - Zoning regulations; permit or variance; hazard marking and lighting.

3-313.
Zoning regulations; permit or variance; hazard marking and lighting.
In granting any permit under or variance from any airport zoning regulation adopted under the Airport Zoning Act, the administrative agency or board of adjustment may, if it deems it advisable to effectuate the purposes of the act and reasonable in the circumstances, so condition such permit or variance as to require the owner of the structure or tree in question to permit the political subdivision, at its own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard.
Source
Laws 1945, c. 233, § 7(3), p. 686;
Laws 2013, LB140, § 13.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-319 - Zoning regulations; provide for administration and enforcement.

3-319.
Zoning regulations; provide for administration and enforcement.
All airport zoning regulations adopted under the Airport Zoning Act shall provide for the administration and enforcement of such regulations by an administrative agency which may be an agency created by such regulations or any official, board, or other existing agency of the political subdivision adopting the regulations. In the case of airport zoning regulations adopted by a joint airport zoning board, each of the political subdivisions which participated in the creation of the joint airport zoning board shall create or designate an official or an administrative agency to administer and enforce the airport zoning regulations within its respective zoning jurisdiction. The duties of any official or administrative agency designated pursuant to the act shall include that of reviewing and acting upon all applications for permits under the airport zoning regulations, but such agency shall not have or exercise any of the powers herein delegated to the board of adjustment. In no event shall such official or administrative agency be or include any member of the board of adjustment.
Source
Laws 1945, c. 233, § 9, p. 687;
Laws 2013, LB140, § 14.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-319.01 - Zoning regulations; appeal; hearing; procedure; board; duties.

3-319.01.
Zoning regulations; appeal; hearing; procedure; board; duties.
(1) Any person aggrieved or taxpayer affected by any decision of an administrative agency made in its administration of airport zoning regulations adopted under the Airport Zoning Act, or any governing body of a political subdivision which is of the opinion that a decision of such an administrative agency is an improper application of airport zoning regulations of concern to such governing body, may appeal to the board of adjustment authorized to hear and decide appeals from the decisions of such administrative agency.
(2) Any appeal taken under this section shall be taken within a reasonable amount of time, as provided by the rules of the board, by filing with the agency from which the appeal is taken and with the board, a notice of appeal specifying the grounds thereof. The agency from which the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.
(3) An appeal shall stay any proceeding in furtherance of the action appealed from, unless the agency from which the appeal is taken certifies to the board, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such cases the proceedings shall not be stayed except by an order of the board after notice to the agency from which the appeal is taken and upon due cause shown.
(4) The board shall fix a reasonable time for the hearing of appeals, give public notice thereof, give due notice to the parties in interest, and decide the appeal within sixty days after the date of filing such appeal. Any party may appear in person or by an agent or attorney at the hearing.
Source
Laws 1945, c. 233, § 8(1), p. 686;
R.S.1943, (2012), § 3-314;
Laws 2013, LB140, § 15.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-320 - Zoning regulations; board of adjustment; members; terms; powers.

3-320.
Zoning regulations; board of adjustment; members; terms; powers.
(1) All airport zoning regulations adopted under the Airport Zoning Act shall provide for a board of adjustment to have and exercise the following powers:
(a) To hear and decide appeals from any order, requirement, decision, or determination made by the administrative agency in the enforcement of the airport zoning regulations;
(b) To hear and decide any special exceptions to the terms of the airport zoning regulations upon which such board may be required to pass under such regulations; and
(c) To hear and decide petitions for variances from the strict application of airport zoning regulations.
(2) A board of adjustment shall consist of five regular members, each to be appointed for a term of three years by the political subdivision or joint airport zoning board adopting the regulations. Any member thereof may be removed by the appointing authority for cause, upon written charges and after a public hearing. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of the administrative agency or to decide in favor of the applicant on any matter upon which the board is required to pass under the airport zoning regulations or to effect any variation in such regulations.
(3) The board of adjustment may, consistent with the Airport Zoning Act, reverse or affirm wholly or partly or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as it deems right and proper under the circumstances.
(4) A board of adjustment, board of zoning appeals, or similar zoning appeals board that exists on September 6, 2013, may be designated as and shall exercise the power of the board of adjustment for airport zoning regulations as required by this section.
Source
Laws 1945, c. 233, § 10(1), p. 688;
Laws 2013, LB140, § 16.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-323 - Board of adjustment; adopt rules; meetings; oaths; public hearings; record of proceedings.

3-323.
Board of adjustment; adopt rules; meetings; oaths; public hearings; record of proceedings.
The board shall adopt rules in accordance with the provisions of the ordinance or resolution by which it was created. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All hearings of the board shall be public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact. It shall also keep records of its examinations and other official actions. Such minutes and records shall immediately be filed in the office of the board and be a public record.
Source
Laws 1945, c. 233, § 10(4), p. 688.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-324 - Board of adjustment; judicial review; petition; grounds.

3-324.
Board of adjustment; judicial review; petition; grounds.
Any (1) person aggrieved or taxpayer affected by any decision of a board of adjustment, (2) governing body of a political subdivision, or (3) joint airport zoning board, which is of the opinion that a decision of a board of adjustment is arbitrary or capricious, illegal, or unsupported by evidence, may obtain judicial review of such decision by filing a petition in error in the district court of the county in which the structure or tree that is the subject of the decision is located. The filing of and proceeding on the petition in error shall be in accordance with sections 25-1901 to 25-1937.
Source
Laws 1945, c. 233, § 11(1), p. 689;
Laws 2013, LB140, § 17.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-328 - Judicial review; costs.

3-328.
Judicial review; costs.
Costs shall not be allowed against the board of adjustment unless it appears to the court that it acted with gross negligence, in bad faith or with malice in making the decision appealed from.
Source
Laws 1945, c. 233, § 11(5), p. 690.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-329 - Judicial review; effect of decision on other structures.

3-329.
Judicial review; effect of decision on other structures.
In any case in which airport zoning regulations adopted under the Airport Zoning Act, although generally reasonable, are held by a court to interfere with the use or enjoyment of a particular structure or parcel of land to such an extent or to be so onerous in their application to such a structure or parcel of land as to constitute a taking or deprivation of that property in violation of the Constitution of Nebraska or the Constitution of the United States, such holding shall not affect the application of such regulations to other structures and parcels of land.
Source
Laws 1945, c. 233, § 11(6), p. 690;
Laws 2013, LB140, § 18.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-330 - Violation; penalty; injunctions.

3-330.
Violation; penalty; injunctions.
Each violation of the Airport Zoning Act or of any regulations, orders, or rulings promulgated or made pursuant to the act shall constitute a Class IV misdemeanor. Each day a violation continues to exist shall constitute a separate offense. In addition, the political subdivision or agency adopting zoning regulations under the act may institute, in any court of competent jurisdiction, an action to prevent, restrain, correct, or abate any violation of (1) the act, (2) airport zoning regulations adopted under the act, or (3) any order or ruling made in connection with the administration or enforcement of the act or such regulations. The court in such proceedings shall adjudge to the plaintiff such relief by way of injunction, which may be mandatory or otherwise, as may be proper under all the facts and circumstances of the case in order to fully effectuate the purposes of the act and of the regulations adopted and orders and rulings made pursuant thereto.
Source
Laws 1945, c. 233, § 12, p. 690;
Laws 1977, LB 40, § 30;
Laws 2013, LB140, § 19.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-331 - Acquisition of property interest; purchase; grant; condemnation; procedure.

3-331.
Acquisition of property interest; purchase; grant; condemnation; procedure.
In any case in which (1) it is desired to remove, lower, or otherwise terminate a nonconforming structure or use, (2) the approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations under the Airport Zoning Act, or (3) it appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations, the political subdivision within which the property or nonconforming use is located or the political subdivision owning or operating the airport or served by it may acquire by purchase, grant, or condemnation, such air right, aviation easement, or other estate or interest in the property or nonconforming structure or use in question as may be necessary to effectuate the purposes of the act. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.
Source
Laws 1945, c. 233, § 13, p. 691;
Laws 1951, c. 101, § 30, p. 460;
Laws 2013, LB140, § 20.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-332 - Division of Aeronautics; municipalities and political subdivisions; assist in planning and developing.

3-332.
Division of Aeronautics; municipalities and political subdivisions; assist in planning and developing.
The Division of Aeronautics of the Department of Transportation may aid and assist municipalities and other political subdivisions of the state in planning, developing, and carrying out programs for airport zoning in order to secure uniformity therein as far as possible.
Source
Laws 1945, c. 233, § 16, p. 691;
Laws 2017, LB339, § 64.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-333 - Act, how cited.

3-333.
Act, how cited.
Sections 3-301 to 3-333 shall be known and may be cited as the Airport Zoning Act.
Source
Laws 1945, c. 233, § 15, p. 691;
Laws 2013, LB140, § 21.