reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-205 - Informational signs; business signs; posted by department; costs and fees; disposition; notice of available space.

39-205.
Informational signs; business signs; posted by department; costs and fees; disposition; notice of available space.
(1) Applicants for business signs shall furnish business signs to the Department of Transportation and shall pay to the department an annual fee for posting each business sign and the actual cost of material for, fabrication of, and erecting the specific information sign panels where specific information sign panels have not been installed.
(2) Upon receipt of the business signs and the annual fee, the department shall post or cause to be posted the business signs where specific information sign panels have been installed. The applicant shall not be required to remove any advertising device to qualify for a business sign except any advertising device which was unlawfully erected or in violation of section 39-202, 39-203, 39-204, 39-205, 39-206, 39-215, 39-216, or 39-220, any rule or regulation of the department, or any federal rule or regulation relating to informational signs. The specific information sign panels and business signs shall conform to the requirements of the Federal Beautification Act and the Manual on Uniform Traffic Control Devices adopted pursuant to section 60-6,118.
(3) All revenue received for the posting or erecting of business signs or specific information sign panels pursuant to this section shall be deposited in the Highway Cash Fund, except that any revenue received from the annual fee and for posting or erecting such signs in excess of the state's costs shall be deposited in the General Fund.
(4) For purposes of this section, unless the context otherwise requires:
(a) Business sign means a sign displaying a commercial brand, symbol, trademark, or name, or combination thereof, designating a motorist service. Business signs shall be mounted on a rectangular information panel; and
(b) Specific information sign panel means a rectangular sign panel with:
(i) The word gas, food, attraction, lodging, or camping;
(ii) Directional information; and
(iii) One or more business signs.
(5) The department shall provide notice of space available for business signs on any specific information sign panel at least ninety days prior to accepting or approving the posting of any business sign.
Source
Laws 1975, LB 213, § 10;
Laws 1987, LB 741, § 2;
R.S.1943, (1988), § 39-634.02;
Laws 1993, LB 370, § 23;
Laws 1995, LB 264, § 4;
Laws 2010, LB926, § 2;
Laws 2017, LB339, § 88.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-206 - Informational signs; erection; conditions; fee.

39-206.
Informational signs; erection; conditions; fee.
It is the intent of sections 39-204 and 39-205 to allow the erection of specific information sign panels on the right-of-way of the state highways under the following conditions:
(1) No state funds shall be used for the erection, maintenance, or servicing of such signs;
(2) Such signs shall be erected in accordance with federal standards and the rules and regulations adopted and promulgated by the Department of Transportation;
(3) Such signs may be erected by the department or by a contractor selected through the competitive bidding process; and
(4) The department shall charge an annual fee in an amount equal to the fair market rental value of the sign site and any other cost to the state associated with the erection, maintenance, or servicing of specific information sign panels. If such sign is erected by a contractor, the annual fee shall be limited to the fair market rental value of the sign site.
Source
Laws 1987, LB 741, § 3;
R.S.1943, (1988), § 39-634.03;
Laws 1993, LB 370, § 24;
Laws 2017, LB339, § 89.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-207 - Tourist-oriented directional sign panels; erection and maintenance.

39-207.
Tourist-oriented directional sign panels; erection and maintenance.
Tourist-oriented directional sign panels shall be erected and maintained by or at the direction of the Department of Transportation within the right-of-way of rural highways which are part of the state highway system to provide tourist-oriented information to the traveling public in accordance with sections 39-207 to 39-211.
For purposes of such sections:
(1) Rural highways means (a) all public highways and roads outside the limits of an incorporated municipality exclusive of freeways and interchanges on expressways and (b) all public highways and roads within incorporated municipalities having a population of forty thousand inhabitants or less as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census exclusive of freeways and interchanges on expressways. Expressway, freeway, and interchange are used in this subdivision as they are defined in section 39-1302; and
(2) Sign panel means one or more individual signs mounted as an assembly on the same supports.
Source
Laws 1993, LB 108, § 1;
Laws 1995, LB 112, § 1;
Laws 2017, LB113, § 39;
Laws 2017, LB339, § 90.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-208 - Sign panels; erection; conditions; fee; disposition.

39-208.
Sign panels; erection; conditions; fee; disposition.
(1) The Department of Transportation shall erect tourist-oriented directional sign panels on the right-of-way of the rural highways pursuant to section 39-207 under the following conditions:
(a) No state funds shall be used for the erection, maintenance, or servicing of the sign panels;
(b) The sign panels shall be erected in accordance with federal standards and the rules and regulations adopted and promulgated by the department;
(c) The sign panels may be erected by the department or by a contractor selected by the department through the competitive negotiation process;
(d) No more than three sign panels shall be installed on the approach to an intersection; and
(e) The department shall charge an annual fee in an amount equal to the fair market rental value of the sign panel site and any other cost to the state associated with the erection, maintenance, or servicing of tourist-oriented directional sign panels. If the sign panel is erected by a contractor, the annual fee to the department shall be limited to the fair market rental value of the sign panel site.
(2) All revenue received for the posting or erecting of tourist-oriented directional sign panels pursuant to this section shall be deposited in the Highway Cash Fund, except that any revenue received from the annual fee and for posting or erecting such sign panels in excess of the state's costs shall be deposited in the General Fund.
Source
Laws 1993, LB 108, § 2;
Laws 2017, LB339, § 91.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-209 - Sign panels; types; restrictions.

39-209.
Sign panels; types; restrictions.
Tourist-oriented directional sign panels shall include, but not be limited to, sign panels giving directions to recreational, historical, cultural, educational, or entertainment activities or a unique or unusual commercial or nonprofit activity. Nationally, regionally, or locally known commercial symbols, brands, or trademarks may be used when applicable. To be a qualified activity pursuant to this section, the major portion of income derived from the activity or visitors to the activity during the normal season of the activity shall be from motorists not residing in the immediate area of the activity. The sign panels shall be rectangular in shape and have a white legend and border on a blue background.
Tourist-oriented directional sign panels shall contain no more than four individual signs, have no more than two lines of legend per individual sign, and have a separate directional arrow and the distance to each qualifying activity. The legend shall be limited to the identification of the qualifying activity and the directional information. The sign panel shall not include promotional advertising.
Source
Laws 1993, LB 108, § 3.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-210 - Sign panels; qualification of activities; minimum requirements; violation; effect.

39-210.
Sign panels; qualification of activities; minimum requirements; violation; effect.
To qualify to appear on a tourist-oriented directional sign panel, an activity shall be licensed and approved by the state and local agencies if required by law and be open to the public at least eight hours per day, five days per week, including Saturdays or Sundays, during the normal season of the activity, except that if the activity is a winery, the winery shall be open at least twenty hours per week. The activity, before qualifying to appear on a sign panel, shall provide to the Department of Transportation assurance of its conformity with all applicable laws relating to discrimination based on race, creed, color, sex, national origin, ancestry, political affiliation, or religion. If the activity violates any of such laws, it shall lose its eligibility to appear on a tourist-oriented directional sign panel. In addition, the qualifying activity shall be required to remove any advertising device which was unlawfully erected or which is in violation of section 39-202, 39-203, 39-204, 39-205, 39-206, 39-215, 39-216, or 39-220, any rule or regulation of the department, or any federal rule or regulation relating to tourist-oriented directional sign panels. The tourist-oriented directional sign panels shall conform to the requirements of the Federal Beautification Act and the Manual on Uniform Traffic Control Devices as adopted pursuant to section 60-6,118.
Source
Laws 1993, LB 108, § 4;
Laws 1995, LB 264, § 5;
Laws 2010, LB926, § 3;
Laws 2017, LB339, § 92.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-211 - Sign panels; rules and regulations.

39-211.
Sign panels; rules and regulations.
The Department of Transportation shall adopt and promulgate rules and regulations deemed necessary by the department to carry out sections 39-207 to 39-211.
Source
Laws 1993, LB 108, § 5;
Laws 2017, LB339, § 93.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-214 - Control of advertising outside of right-of-way; adoption of rules and regulations by Department of Transportation; minimum requirements.

39-214.
Control of advertising outside of right-of-way; adoption of rules and regulations by Department of Transportation; minimum requirements.
Whenever advertising rights are acquired by the Department of Transportation pursuant to subdivision (2)(m) of section 39-1320 or an agreement has been entered into as authorized by section 39-213, it shall be the duty of the department to adopt and promulgate reasonable rules and regulations for the control of outdoor advertising within the area specified in such subdivision, which rules and regulations shall have as their minimum requirements the provisions of 23 U.S.C. 131 and regulations adopted pursuant thereto, as amended on March 27, 1972.
Source
Laws 1961, c. 195, § 4, p. 597;
Laws 1972, LB 1181, § 6;
R.S.1943, (1993), § 39-1320.03;
Laws 1995, LB 264, § 8;
Laws 2017, LB339, § 96.
Annotations
An injunction may properly be entered to require compliance with the statute making it unlawful to erect or maintain advertising signs along highways prior to determination of whether there is a right to damages resulting from application of the statute. State v. Mayhew Products Corp., 204 Neb. 266, 281 N.W.2d 783 (1979).
Sections 39-1320 to 39-1320.11 constitute a reasonable and valid exercise of the police power which bears a substantial relation to the public health, safety, and general welfare and are constitutional. State v. Mayhew Products Corp., 204 Neb. 266, 281 N.W.2d 783 (1979).
Description of easement sought to be acquired was sufficient. State v. Day, 181 Neb. 308, 147 N.W.2d 919 (1967).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-216 - Control of advertising visible from main-traveled way; unlawful; when permitted; written lease and permit from Department of Transportation.

39-216.
Control of advertising visible from main-traveled way; unlawful; when permitted; written lease and permit from Department of Transportation.
It shall be unlawful for any person to place or cause to be placed any advertising sign, display, or device which is visible from the main-traveled way of the Highway Beautification Control System or upon land not owned by such person, without first procuring a written lease from the owner of such land and a permit from the Department of Transportation authorizing such display or device to be erected as permitted by the advertising laws, rules, and regulations of this state.
Source
Laws 1972, LB 1181, § 8;
Laws 1975, LB 213, § 7;
R.S.1943, (1993), § 39-1320.07;
Laws 1995, LB 264, § 10;
Laws 2017, LB339, § 97.
Annotations
An injunction may properly be entered to require compliance with the statute making it unlawful to erect or maintain advertising signs along highways prior to determination of whether there is a right to damages resulting from application of the statute. State v. Mayhew Products Corp., 204 Neb. 266, 281 N.W.2d 783 (1979).
Sections 39-1320 to 39-1320.11 constitute a reasonable and valid exercise of the police power which bears a substantial relation to the public health, safety, and general welfare, and are constitutional. State v. Mayhew Products Corp., 204 Neb. 266, 281 N.W.2d 783 (1979).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-217 - Scenic byway designations.

39-217.
Scenic byway designations.
(1) The Department of Transportation may designate portions of the state highway system as a scenic byway when the highway corridor possesses unusual, exceptional, or distinctive scenic, historic, recreational, cultural, or archeological features. The department shall adopt and promulgate rules and regulations establishing the procedure and criteria to be utilized in making scenic byway designations.
(2) Any portion of a highway designated as a scenic byway which is located within the limits of any incorporated municipality shall not be designated as part of the scenic byway, except when such route possesses intrinsic scenic, historic, recreational, cultural, or archaeological features which support designation of the route as a scenic byway.
Source
Laws 1995, LB 264, § 11;
Laws 2017, LB339, § 98.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-218 - Scenic byways; prohibition of signs visible from main-traveled way; exceptions.

39-218.
Scenic byways; prohibition of signs visible from main-traveled way; exceptions.
No sign shall be erected which is visible from the main-traveled way of any scenic byway except (1) directional and official signs to include, but not be limited to, signs and notices pertaining to natural wonders, scenic attractions, and historical attractions, (2) signs, displays, and devices advertising the sale or lease of property upon which such media are located, and (3) signs, displays, and devices advertising activities conducted on the property on which such media are located. Signs which are allowed shall comply with the standards and criteria established by rules and regulations of the Department of Transportation.
Source
Laws 1995, LB 264, § 12;
Laws 2017, LB339, § 99.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-219 - Control of advertising outside of right-of-way; erected prior to March 27, 1972; effect.

39-219.
Control of advertising outside of right-of-way; erected prior to March 27, 1972; effect.
Outdoor advertising signs, displays, and devices erected prior to March 27, 1972, may continue in zoned or unzoned commercial or industrial areas, notwithstanding the fact that such outdoor advertising signs, displays, and devices do not comply with standards and criteria established by sections 39-212 to 39-222 or rules and regulations of the Department of Transportation.
Source
Laws 1972, LB 1181, § 9;
Laws 1994, LB 848, § 3;
R.S.Supp.,1994, § 39-1320.08;
Laws 1995, LB 264, § 13;
Laws 2017, LB339, § 100.
Annotations
An injunction may properly be entered to require compliance with the statute making it unlawful to erect or maintain advertising signs along highways prior to determination of whether there is a right to damages resulting from application of the statute. State v. Mayhew Products Corp., 204 Neb. 266, 281 N.W.2d 783 (1979).
Sections 39-1320 to 39-1320.11 constitute a reasonable and valid exercise of the police power which bears a substantial relation to the public health, safety, and general welfare, and are constitutional. State v. Mayhew Products Corp., 204 Neb. 266, 281 N.W.2d 783 (1979).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-220 - Control of advertising visible from main-traveled way; permit; rules and regulations.

39-220.
Control of advertising visible from main-traveled way; permit; rules and regulations.
The Department of Transportation may at its discretion require permits for advertising signs, displays, or devices which are placed or allowed to exist along or upon the Highway Beautification Control System or which are at any point visible from the main-traveled way of the Highway Beautification Control System, except for on-premise signs, displays, and devices, as defined in the department's rules and regulations, for advertising activities conducted on the property on which the sign, display, or device is located. Such permits shall be renewed biennially. Each sign shall bear on the side facing the highway the permit number in a readily observable place for inspection purposes from the highway right-of-way. The department shall adopt and promulgate rules and regulations to implement and administer sections 39-212 to 39-226. The department may revoke the permit for noncompliance reasons and remove the sign if, after thirty days' notification to the sign owner, the sign remains in noncompliance. Printed sale bills not exceeding two hundred sixteen square inches in size shall not require a permit if otherwise conforming.
Source
Laws 1972, LB 1181, § 10;
Laws 1974, LB 490, § 2;
Laws 1975, LB 213, § 8;
R.S.1943, (1993), § 39-1320.09;
Laws 1995, LB 264, § 14;
Laws 2017, LB339, § 101;
Laws 2018, LB472, § 1.
Annotations
An injunction may properly be entered to require compliance with the statute making it unlawful to erect or maintain advertising signs along highways prior to determination of whether there is a right to damages resulting from application of the statute. State v. Mayhew Products Corp., 204 Neb. 266, 281 N.W.2d 783 (1979).
Sections 39-1320 to 39-1320.11 constitute a reasonable and valid exercise of the police power which bears a substantial relation to the public health, safety, and general welfare, and are constitutional. State v. Mayhew Products Corp., 204 Neb. 266, 281 N.W.2d 783 (1979).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-221 - Control of advertising outside of right-of-way; compliance; damages; violations; penalty.

39-221.
Control of advertising outside of right-of-way; compliance; damages; violations; penalty.
Any person, firm, company, or corporation violating any of the provisions of sections 39-212 to 39-222 shall be guilty of a Class V misdemeanor. In addition to any other available remedies, the Director-State Engineer, for the Department of Transportation and in the name of the State of Nebraska, may apply to the district court having jurisdiction for an injunction to force compliance with any of the provisions of such sections or rules and regulations promulgated thereunder. When any person, firm, company, or corporation deems its property rights have been adversely affected by the application of the provisions of such sections, such person, firm, company, or corporation shall have the right to have damages ascertained and determined pursuant to Chapter 76, article 7.
Source
Laws 1972, LB 1181, § 11;
Laws 1974, LB 490, § 3;
Laws 1977, LB 40, § 211;
Laws 1994, LB 848, § 4;
R.S.Supp.,1993, § 39-1320.10;
Laws 1995, LB 264, § 15;
Laws 2017, LB339, § 102.
Annotations
An injunction may properly be entered to require compliance with the statute making it unlawful to erect or maintain advertising signs along highways prior to determination of whether there is a right to damages resulting from application of the statute. State v. Mayhew Products Corp., 204 Neb. 266, 281 N.W.2d 783 (1979).
Sections 39-1320 to 39-1320.11 constitute a reasonable and valid exercise of the police power which bears a substantial relation to the public health, safety, and general welfare, and are constitutional. State v. Mayhew Products Corp., 204 Neb. 266, 281 N.W.2d 783 (1979).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-222 - Control of advertising outside of right-of-way; eminent domain; authorized.

39-222.
Control of advertising outside of right-of-way; eminent domain; authorized.
Sections 39-212 to 39-221 shall not be construed to prevent the Department of Transportation from (1) exercising the power of eminent domain to accomplish the removal of any sign or signs or (2) acquiring any interest in real or personal property necessary to exercise the powers authorized by such sections whether within or without zoned or unzoned commercial or industrial areas.
Source
Laws 1972, LB 1181, § 12;
Laws 1994, LB 848, § 5;
R.S.Supp.,1994, § 39-1320.11;
Laws 1995, LB 264, § 16;
Laws 2017, LB339, § 103.
Annotations
An injunction may properly be entered to require compliance with the statute making it unlawful to erect or maintain advertising signs along highways prior to determination of whether there is a right to damages resulting from application of the statute. State v. Mayhew Products Corp., 204 Neb. 266, 281 N.W.2d 783 (1979).
Sections 39-1320 to 39-1320.11 constitute a reasonable and valid exercise of the police power which bears a substantial relation to the public health, safety, and general welfare, and are constitutional. State v. Mayhew Products Corp., 204 Neb. 266, 281 N.W.2d 783 (1979).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-223 - Governmental or quasi-governmental agency; removal of signs, displays, or devices along Highway Beautification Control System; exemption; petition.

39-223.
Governmental or quasi-governmental agency; removal of signs, displays, or devices along Highway Beautification Control System; exemption; petition.
Any community, board of county commissioners, municipality, county, city, a specific region or area of the state, or other governmental or quasi-governmental agency which is part of a specific economic area located along the Highway Beautification Control System of the State of Nebraska may petition the Department of Transportation for an exemption from mandatory removal of any legal, nonconforming directional signs, displays, or devices as defined by 23 U.S.C. 131(o), which signs, displays, or devices were in existence on May 5, 1976. The petitioning agency shall supply such documents as are supportive of its petition for exemption.
The Department of Transportation is hereby authorized to seek the exemptions authorized by 23 U.S.C. 131(o) in accordance with the federal regulations promulgated thereunder, 23 C.F.R., part 750, subpart E, if the petitioning agency shall supply the necessary documents to justify such exemptions.
Source
Laws 1978, LB 534, § 1;
R.S.1943, (1993), § 39-1320.12;
Laws 1995, LB 264, § 17;
Laws 2017, LB339, § 104.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-224 - Department of Transportation; retention of signs, displays, or devices; request.

39-224.
Department of Transportation; retention of signs, displays, or devices; request.
Upon receipt of a petition under section 39-223, the Nebraska Department of Transportation shall make request of the United States Department of Transportation for permission to retain the directional signs, displays, or devices which provide information for the specific economic area responsible for the petition.
Source
Laws 1978, LB 534, § 2;
R.S.1943, (1993), § 39-1320.13;
Laws 1995, LB 264, § 18;
Laws 2017, LB339, § 105.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-225 - Department of Transportation; removal of nonconforming signs; program.

39-225.
Department of Transportation; removal of nonconforming signs; program.
The Department of Transportation shall adopt future programs to assure that removal of directional signs, displays, or devices, providing directional information about goods and services in the interest of the traveling public, not otherwise exempted by economic hardship, be deferred until all other nonconforming signs, on a statewide basis, are removed.
Source
Laws 1978, LB 534, § 3;
R.S.1943, (1993), § 39-1320.14;
Laws 1995, LB 264, § 19;
Laws 2017, LB339, § 106.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-226 - Exemption, how construed.

39-226.
Exemption, how construed.
The exemption provided by sections 39-223 to 39-225 shall be in addition to the exemption provided by section 39-219.
Source
Laws 1978, LB 534, § 4;
R.S.1943, (1993), § 39-1320.15;
Laws 1995, LB 264, § 20.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-302 - Roads; sprinkler irrigation system; restrictions; violations; penalty.

39-302.
Roads; sprinkler irrigation system; restrictions; violations; penalty.
A sprinkler irrigation system which due to location or design diverts, or is capable of diverting, water onto or across a public road so as to saturate, wash, or impair the maintenance, construction, or passability of such public road or allows water to accumulate on the roadway or traveled surface of the public road shall be equipped with a device which will automatically shut off the endgun of the irrigation system causing such diversion or accumulation of water. Any person who fails to comply with this section shall, upon conviction thereof, be guilty of a Class IV misdemeanor, except that section 39-301 shall be controlling with respect to mechanical malfunctions and normal weather conditions.
Source
Laws 1981, LB 24, § 1;
R.S.1943, (1988), § 39-703.01;
Laws 1993, LB 370, § 26.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-303 - Sidewalks, bridges; injuring or obstructing; penalty.

39-303.
Sidewalks, bridges; injuring or obstructing; penalty.
Any person who purposely destroys or injures any sidewalk, public or private bridge, culvert, or causeway, removes any of the timber or plank thereof, or obstructs the same shall be guilty of a Class V misdemeanor and shall be liable for all damages occasioned thereby and all necessary costs of rebuilding or repairing the same.
Source
Laws 1879, § 70, p. 136;
R.S.1913, § 3028;
C.S.1922, § 2779;
C.S.1929, § 39-1010;
R.S.1943, § 39-704;
R.S.1943, (1988), § 39-704;
Laws 1993, LB 370, § 27.
Cross References
Destruction of private, public, or toll bridge, penalty, see section 39-806.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-304 - Injuries to roads, bridges, gates, milestones; penalty.

39-304.
Injuries to roads, bridges, gates, milestones; penalty.
Any person who willfully and maliciously injures any lawful public road in this state or any bridge, gate, milestone, or other fixture on any such road shall, for every such offense, be guilty of a Class V misdemeanor and be liable to any party injured in double damages.
Source
G.S.1873, c. 58, § 103, p. 744;
R.S.1913, § 3041;
C.S.1922, § 2792;
C.S.1929, § 39-1027;
R.S.1943, § 39-715;
R.S.1943, (1988), § 39-715;
Laws 1993, LB 370, § 28.
Cross References
Destruction of private, public, or toll bridge, penalty, see section 39-806.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-305 - Plowing up road; penalty.

39-305.
Plowing up road; penalty.
Any person who plows up or upon any public highway without the consent or direction of the road overseer or the officer in charge of road work in the area where such road is located shall be guilty of a Class V misdemeanor.
Source
Laws 1899, c. 58, §§ 1, 2, p. 285;
R.S.1913, § 3032;
C.S.1922, § 2783;
C.S.1929, § 39-1018;
R.S.1943, § 39-706;
Laws 1959, c. 181, § 7, p. 656;
R.S.1943, (1988), § 39-706;
Laws 1993, LB 370, § 29.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-306 - Plowing up road; road overseer; duty to file complaint; violation; penalty.

39-306.
Plowing up road; road overseer; duty to file complaint; violation; penalty.
It is hereby made the duty of the road overseer or other officer in charge of road work in the area where such road is located to make complaint to the county attorney of any violation of section 39-305. Any willful neglect of this duty by a road overseer or other such officer shall be considered a Class V misdemeanor.
Source
Laws 1899, c. 58, § 3, p. 285;
R.S.1913, § 3033;
C.S.1922, § 2784;
C.S.1929, § 39-1019;
R.S.1943, § 39-707;
Laws 1959, c. 181, § 8, p. 657;
Laws 1977, LB 41, § 36;
R.S.1943, (1988), § 39-707;
Laws 1993, LB 370, § 30.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-307 - Barbed wire fence along highway without guards; penalty.

39-307.
Barbed wire fence along highway without guards; penalty.
Any person who builds a barbed wire fence across or in any plain traveled road or track in common use, either public or private, without first putting up sufficient guards to prevent either human or beast from running into the fence shall be guilty of a Class V misdemeanor and shall be liable for all damages that may accrue to the party damaged by reason of such barbed wire fence.
Source
Laws 1885, c. 77, §§ 1, 2, p. 317;
R.S.1913, § 3031;
C.S.1922, § 2782;
C.S.1929, § 39-1017;
R.S.1943, § 39-705;
R.S.1943, (1988), § 39-705;
Laws 1993, LB 370, § 31.
Annotations
Obstruction of road by barbed wire fence is negligence and renders person placing it there liable for injury, in absence of contributory negligence. Vanderveer v. Moran, 79 Neb. 431, 112 N.W. 581 (1907).
Information for violation of section must allege that road was in common use. Gilbert v. State, 78 Neb. 636, 111 N.W. 377 (1907).
Liability for injury to stock by fence in road is discussed. Floaten v. Ferrell, 24 Neb. 347, 38 N.W. 732 (1888).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-308 - Removal of traffic hazards; determined by Department of Transportation and local authority; violation; penalty.

39-308.
Removal of traffic hazards; determined by Department of Transportation and local authority; violation; penalty.
It shall be the duty of the owner of real property to remove from such property any tree, plant, shrub, or other obstruction, or part thereof, which, by obstructing the view of any driver, constitutes a traffic hazard. When the Department of Transportation or any local authority determines upon the basis of engineering and traffic investigation that such a traffic hazard exists, it shall notify the owner and order that the hazard be removed within ten days. Failure of the owner to remove such traffic hazard within ten days shall constitute a Class V misdemeanor, and every day such owner fails to remove it shall be a separate offense.
Source
Laws 1973, LB 45, § 101;
R.S.1943, (1988), § 39-6,101;
Laws 1993, LB 370, § 32;
Laws 2017, LB339, § 107.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-309 - Sidewalks, trees, hedge fence bordering public roads; when lawful; removal by county board.

39-309.
Sidewalks, trees, hedge fence bordering public roads; when lawful; removal by county board.
It shall be lawful for the owner or occupants of land bordering upon any public road to build sidewalks not to exceed six feet in width, to plant shade and ornamental trees along and in such road at a distance not exceeding one-tenth of the legal width of a road from its margin, and to erect and maintain a fence as long as it is actually necessary for the purpose of raising a hedge on the margin a distance of six feet from and within such marginal lines, except that when, in the opinion of the county board, the hedge fence, trees, or undergrowth on any county road interferes with the use of the right-of-way for road purposes or presents a hazard to the traveling public, the county board may, in its discretion, remove, or cause to be removed, at county expense, the hedge fence, trees, or undergrowth from the road right-of-way.
Source
Laws 1879, § 71, p. 136;
R.S.1913, § 3029;
C.S.1922, § 2780;
C.S.1929, § 39-1011;
R.S.1943, § 39-717;
Laws 1953, c. 132, § 1, p. 412;
R.S.1943, (1988), § 39-717;
Laws 1993, LB 370, § 33.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-310 - Depositing materials on roads or ditches; penalties.

39-310.
Depositing materials on roads or ditches; penalties.
Any person who deposits any wood, stone, or other kind of material on any part of any lawful public road in this state, inside of the ditches of such road, or outside of the ditches but so near thereto as to cause the banks thereof to break into the same, causes the accumulation of rubbish, or causes any kind of obstruction, shall be guilty of (1) a Class III misdemeanor for the first offense, (2) a Class II misdemeanor for the second offense, and (3) a Class I misdemeanor for the third or subsequent offense.
Source
G.S.1873, c. 58, § 107, p. 744;
R.S.1913, § 3042;
Laws 1919, c. 98, § 1, p. 249;
C.S.1922, § 2793;
C.S.1929, § 39-1028;
R.S.1943, § 39-716;
R.S.1943, (1988), § 39-6,190;
Laws 1993, LB 370, § 34;
Laws 1994, LB 570, § 2;
Laws 1997, LB 495, § 4.
Annotations
Complaint charging that defendant obstructed a public road by placing posts and logs therein stated an offense under this section. Lydick v. State, 61 Neb. 309, 85 N.W. 70 (1901).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-311 - Rubbish on highways; prohibited; signs; enforcement; violation; penalties.

39-311.
Rubbish on highways; prohibited; signs; enforcement; violation; penalties.
(1) No person shall throw or deposit upon any highway:
(a) Any glass bottle, glass, nails, tacks, wire, cans, or other substance likely to injure any person or animal or damage any vehicle upon such highway; or
(b) Any burning material.
(2) Any person who deposits or permits to be deposited upon any highway any destructive or injurious material shall immediately remove such or cause it to be removed.
(3) Any person who removes a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance deposited on the highway from such vehicle.
(4) The Department of Transportation or a local authority as defined in section 60-628 may procure and place at reasonable intervals on the side of highways under its respective jurisdiction appropriate signs showing the penalty for violating this section. Such signs shall be of such size and design as to be easily read by persons on such highways, but the absence of such a sign shall not excuse a violation of this section.
(5) It shall be the duty of all Nebraska State Patrol officers, conservation officers, sheriffs, deputy sheriffs, and other law enforcement officers to enforce this section and to make prompt investigation of any violations of this section reported by any person.
(6) Any person who violates any provision of this section shall be guilty of (a) a Class III misdemeanor for the first offense, (b) a Class II misdemeanor for the second offense, and (c) a Class I misdemeanor for the third or subsequent offense.
Source
Laws 1973, LB 45, § 83;
Laws 1988, LB 1030, § 40;
R.S.1943, (1988), § 39-683;
Laws 1993, LB 370, § 35;
Laws 1994, LB 570, § 3;
Laws 1997, LB 495, § 5;
Laws 1998, LB 922, § 403;
Laws 2017, LB339, § 108.
Cross References
Littering, penalty, see section 28-523.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-312 - Camping; permitted; where; violation; penalty.

39-312.
Camping; permitted; where; violation; penalty.
It shall be unlawful to camp on any state or county public highway, roadside area, park, or other property acquired for highway or roadside park purposes except at such places as are designated campsites by the Department of Transportation or the county or other legal entity of government owning or controlling such places. This provision shall not apply to lands originally acquired for highway purposes which have been transferred or leased to the Game and Parks Commission or a natural resources district or to other lands owned or controlled by the Game and Parks Commission where camping shall be controlled by the provisions of section 37-305 or by a natural resources district where camping shall be controlled by the provisions of section 2-3292.
For purposes of this section, camping means temporary lodging out of doors and presupposes the occupancy of a shelter designed or used for such purposes, such as a sleeping bag, tent, trailer, station wagon, pickup camper, camper-bus, or other vehicle, and the use of camping equipment and camper means an occupant of any such shelter.
Any person who camps on any state or county public highway, roadside area, park, or other property acquired for highway or roadside park purposes, which has not been properly designated as a campsite, or any person who violates any lawfully promulgated rules or regulations properly posted to regulate camping at designated campsites shall be guilty of a Class V misdemeanor and shall be ordered to pay any amount as determined by the court which may be necessary to reimburse the department or the county for the expense of repairing any damage to such campsite resulting from such violation.
Source
Laws 1969, c. 306, § 1, p. 1097;
Laws 1977, LB 41, § 37;
Laws 1984, LB 861, § 18;
R.S.1943, (1988), § 39-712.01;
Laws 1993, LB 370, § 36;
Laws 1998, LB 922, § 404;
Laws 2017, LB339, § 109.
Annotations
Establishment of a public road upon satisfaction of statutory requirements is a ministerial duty within the power of the county board. Burton v. Annett, 215 Neb. 788, 341 N.W.2d 318 (1983).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-313 - Hunting, trapping, or molesting predatory animal on or from freeway; prohibited, exception; violation; penalty.

39-313.
Hunting, trapping, or molesting predatory animal on or from freeway; prohibited, exception; violation; penalty.
No person shall hunt, trap, or molest any predatory animal on or upon any portion of a freeway or approach or exit thereto except at locations designated for such purpose. No person shall shoot from the roadway onto or across the land of any farmer or landowner or kill, attempt to kill, or retrieve any wildlife or game on such land prior to receiving permission from such farmer or landowner. Any person who violates this section shall be guilty of a Class V misdemeanor.
Source
Laws 1973, LB 45, § 85;
Laws 1974, LB 699, § 1;
R.S.1943, (1988), § 39-685;
Laws 1993, LB 370, § 37.
Cross References
Shooting from highway prohibited, see section 37-513.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-802 - County special emergency bridge levy; collection; disbursement.

39-802.
County special emergency bridge levy; collection; disbursement.
The funds arising from the special emergency bridge levy shall be collected in the same manner as the funds arising from the county general levy. The county treasurer shall keep a separate account of such funds and shall deposit them the same as county general funds are required to be deposited. Such special emergency bridge fund shall be at the disposal of the county board to be used by the board for the construction or repair of bridges whenever in the judgment of the board an emergency has arisen warranting the use of the same.
Source
Laws 1909, c. 32, § 2, p. 214;
R.S.1913, § 3002;
C.S.1922, § 2754;
C.S.1929, § 39-840;
R.S.1943, § 39-802.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-803 - City or village bridge; vehicle exceeding maximum weight; claim or damages not allowed.

39-803.
City or village bridge; vehicle exceeding maximum weight; claim or damages not allowed.
Any person owning, operating, or traveling in any vehicle which exceeds the maximum weight carrying capacity or load limit conspicuously posted or attached to any bridge within the jurisdiction or under the administration or control of any city or village shall not have a claim against or recover damages from such city or village for any claim or injury arising out of the vehicle being upon or crossing such bridge.
Source
Laws 1990, LB 1077, § 1.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-804 - Bridges in cities and villages; construction and repair by counties.

39-804.
Bridges in cities and villages; construction and repair by counties.
The county board may, in its discretion, whenever there is sufficient money on hand in the county road fund, build or repair any bridge or bridges within the limits of any incorporated city or village in its county.
Source
Laws 1879, § 58, p. 133;
R.S.1913, § 2975;
C.S.1922, § 2733;
C.S.1929, § 39-820;
R.S.1943, § 39-804.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-806 - Destroying bridge or landmark; penalty.

39-806.
Destroying bridge or landmark; penalty.
If any person shall knowingly, willfully, and maliciously demolish, cut down or destroy any private, public or toll bridge, cut, fell, deface, alter, remove or destroy any landmark, corner or bearing tree, witness trench and pits or witness pits, properly established, the person so offending shall be guilty of a Class III misdemeanor.
Source
G.S.1873, §§ 58, 99, p. 743;
R.S.1913, § 3003;
Laws 1915, c. 59, § 1, p. 153;
C.S.1922, § 2755;
C.S.1929, § 39-841;
R.S.1943, § 39-806;
Laws 1977, LB 40, § 208.
Cross References
Damaging or obstructing bridge, penalties, see sections 39-303 and 39-304.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-807 - Signs or advertising on bridges or culverts; when unlawful.

39-807.
Signs or advertising on bridges or culverts; when unlawful.
It is hereby declared unlawful for any person or persons whether for himself, herself, or themselves or as the agent, servant, or employee of any firm, association, corporation, partnership, or limited liability company to post, paste, paint, tack, fasten or otherwise secure to any bridge or culvert in the State of Nebraska, any bills, billboards, signs, posters, advertisements, or banners of any matter or description whatsoever, whether of paper, metal, wood, or other composition. Nothing in this section shall be construed to prohibit road markers designating a particular highway being painted on bridges and culverts.
Source
Laws 1917, c. 186, § 1, p. 424;
C.S.1922, § 2756;
C.S.1929, § 39-842;
R.S.1943, § 39-807;
Laws 1993, LB 121, § 208.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-808 - Signs or advertising on bridges or culverts; violation; penalty.

39-808.
Signs or advertising on bridges or culverts; violation; penalty.
If any person or persons, whether for himself, herself, or themselves or as the agent, servant, or employee of any firm, association, corporation, partnership, or limited liability company violates section 39-807, such person or persons shall be guilty of a Class V misdemeanor.
Source
Laws 1917, c. 186, § 2, p. 424;
C.S.1922, § 2757;
C.S.1929, § 39-843;
R.S.1943, § 39-808;
Laws 1977, LB 40, § 209;
Laws 1993, LB 121, § 209.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-809 - Bridge, culvert, or highway construction; flood damages; liability of county or township; limitation.

39-809.
Bridge, culvert, or highway construction; flood damages; liability of county or township; limitation.
If any special damage happens to the property of any person, firm or corporation from the accumulation of water due to the construction or repair of any bridge, culvert or highway, which the county or township is liable to construct or keep in repair, through the fault, neglect or oversight of the board of county commissioners or supervisors, township board, road overseer or other officer in charge of road work, such person, firm or corporation may recover in an action against the county or township so repairing or constructing such bridge, culvert or highway. If the damage occurs in consequence of the construction of any bridge, culvert or highway, erected and maintained by two or more counties or townships, the action can be brought against one of the counties or townships, or all of the counties and townships liable for the erection and for the repair of the same; and damages and costs shall be paid by the counties or townships in proportion as they are liable for the repairs;
Provided,
the procedure for bringing claims and suits under this section shall be the same as for claims and suits under sections 13-901 to 13-926.
Source
Laws 1921, c. 290, § 1, p. 940;
C.S.1922, § 2747;
C.S.1929, § 39-833;
R.S.1943, § 39-809;
Laws 1959, c. 181, § 9, p. 657;
Laws 1969, c. 138, § 25, p. 636.
Annotations
Section does not apply to unlawful diversion of surface waters flowing in natural watercourse. Purdy v. County of Madison, 156 Neb. 212, 55 N.W.2d 617 (1952).
County is liable for crop damage from overflow caused by heavy rain and insufficient passageway under bridge. Croft v. Scotts Bluff County, 121 Neb. 343, 237 N.W. 149 (1931).
County is liable for elevating highway grade across flood channel of natural stream without providing for drainage. Clark v. Cedar County, 118 Neb. 465, 225 N.W. 235 (1929).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-811 - Bridges; construction and repair; materials used; itemized statement; bridge record.

39-811.
Bridges; construction and repair; materials used; itemized statement; bridge record.
The records of each county board pertaining to such improvements shall be kept in a separate book provided for that purpose. The book shall be kept indexed up to date. A complete record of each bridge repaired or constructed by the county shall be kept in the book as hereinafter provided. (1) The date of construction or repair must be given. (2) The bridge repaired or constructed must be located by giving its distance and direction from the nearest section corner, stating which section corner, naming the section and township in which the section is located. (3) There must be recorded an itemized statement of all material used, giving the amount, kind, quality, and price of material and date furnished, which statement must be sworn to by the person or persons furnishing the same, and an itemized statement of all work and labor performed, giving the number of days, the dates, and the price per day, which statement must be sworn to by the person or persons performing such work. The original statements for material and labor shall be filed away by the county clerk, and it shall be designated in the record where they are filed;
Provided,
such record shall be kept by the county engineer in counties having such officer. (4) An itemized statement of all material used in construction of approaches and culverts, and of all material used in improvements on roads, and all labor performed, must be signed and sworn to by the party or parties furnishing the material and the party or parties performing the labor; and the record of such improvements shall be kept in the same manner as is herein provided in repairing or constructing bridges by the county. (5) A similar record of all bridges or improvements made by contract shall be kept in such book.
Source
Laws 1905, c. 126, § 1, p. 540;
Laws 1911, c. 111, § 1, p. 391;
R.S.1913, § 2956;
C.S.1922, § 2714;
C.S.1929, § 39-801;
Laws 1931, c. 84, § 1, p. 222;
C.S.Supp.,1941, § 39-801;
R.S.1943, § 39-811.
Annotations
To justify removal of county officer for failure to comply with this section, action must be shown to have been prompted by evil intent or notice, or without sufficient grounds to believe that he was properly performing his duty. Hiatt v. Tomlinson, 100 Neb. 51, 158 N.W. 383 (1916).
Person crossing bridge or highway has right to expect bridge to be reasonably safe. Central City v. Marquis, 75 Neb. 233, 106 N.W. 221 (1905).
County should provide bridge adequate for what may be anticipated as requisite for accommodation of public, in bridge's locality. Seyfer v. Otoe County, 66 Neb. 566, 92 N.W. 756 (1902).
Increase over contract price cannot be enforced if contracted for without bids. Townsend v. Holt County, 40 Neb. 852, 59 N.W. 381 (1894).