reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - TAX EQUALIZATION AND REVIEW COMMISSION › Title 442 - TAX EQUALIZATION AND REVIEW COMMISSION › Chapter 10 - INVALIDATION OR SUSPENSION OF ASSESSORS CERTIFICATE › Section 442-10-003 - Notice of Action

Current through June 17, 2024
003.01 When the
				Commission determines that the certificate of an assessor might be invalidated,
				or suspended pursuant to Neb. Rev. Stat. §
									77-5020,
				the Commission shall file an action to determine whether it should invalidate
				or suspend the certificate and notify the assessor in writing of the pending
				action. Notice of filing the action shall be sent by certified mail, postage
				prepaid, a return receipt may be requested. The notice shall advise the
				assessor that his or her certificate may be invalidated or suspended; and shall
				advise the assessor of the action or failure to act which forms the basis for
				the possible invalidation or suspension of a certificate.
003.02 The assessor shall be given ten (10)
				days from the date of the letter to provide the Commission with a written
				response. If the Commission determines that the written response demonstrates
				by a preponderance of the evidence that the assessor did not willfully fail or
				refuse to comply with an order of the Commission, then the Commission shall
				notify the assessor of that decision, and dismiss the action.
003.03 If the Commission determines that the
				written response fails to demonstrate by a preponderance of the evidence that
				the assessor did not willfully fail or refuse to comply with an order of the
				Commission, then the Commission shall issue an Order for Hearing and a Notice
				of Hearing. The Order for Hearing and the Notice of Hearing shall be served
				upon the assessor by certified mail, postage prepaid, a return receipt may be
				requested. The hearing on the matter shall be held in the City of Lincoln,
				Lancaster County, Nebraska. The hearing shall be held not less than thirty (30)
				days from the date of the Notice of Hearing.
Nebraska Administrative Code › Topic - TAX EQUALIZATION AND REVIEW COMMISSION › Title 442 - TAX EQUALIZATION AND REVIEW COMMISSION › Chapter 10 - INVALIDATION OR SUSPENSION OF ASSESSORS CERTIFICATE › Section 442-10-004 - Disposition

Current through June 17, 2024
If the Commission finds by a preponderance of evidence that
				  the assessor has willfully failed or refused to comply with any order of the
				  Commission, the Commission may revoke, suspend, and/or invalidate the
				  certificate of the assessor.
Nebraska Administrative Code › Topic - TAX EQUALIZATION AND REVIEW COMMISSION › Title 442 - TAX EQUALIZATION AND REVIEW COMMISSION › Chapter 10 - INVALIDATION OR SUSPENSION OF ASSESSORS CERTIFICATE › Section 442-10-005 - Appeals

Current through June 17, 2024
Any appeal of the decision of the Commission shall be in
				  accordance with Neb. Rev. Stat. §
									77-5019.
Nebraska Administrative Code › Topic - TAX EQUALIZATION AND REVIEW COMMISSION › Title 442 - TAX EQUALIZATION AND REVIEW COMMISSION › Chapter 12 - DISCOVERY RULES › Section 442-12-002 - Persons Before Whom Depositions May Be Taken (Rule 28)

Current through June 17, 2024
002.01 Within This
				State
Within this State depositions may be taken before a notary
				  public, or any person appointed by the Commission. A person so appointed has
				  power to administer oaths and take testimony.
002.02 Elsewhere Within the United States
Within other states of the United States or within a
				  territory or insular possession subject to the jurisdiction of the United
				  States depositions may be taken before an officer authorized to administer
				  oaths by the laws of the United States or of the place where the examination is
				  held, or before a person appointed by the Commission. A person so appointed has
				  power to administer oaths and take testimony.
002.03 In Foreign Countries
In a foreign country, depositions may be taken
002.03A on notice before a person authorized
				to administer oaths in the place in which the examination is held, either by
				the law thereof or by the law of the United States, or
002.03B before a person commissioned by the
				Commission, and a person so commissioned shall have the power by virtue of his
				or her commission to administer any necessary oath and take testimony,
				or
002.03C pursuant to a letter
				rogatory.
002.03C1 A commission or a letter
				rogatory shall be issued on application and notice on terms that are just and
				appropriate. It is not requisite to the issuance of a commission or a letter
				rogatory that the taking of the deposition in any other manner is impracticable
				or inconvenient; and both a commission and a letter rogatory may be issued in
				proper cases. A notice or commission may designate the person before whom the
				deposition is to be taken either by name or descriptive title. A letter
				rogatory may be addressed "To the Appropriate Authority in [here name the
				country]". Evidence obtained in response to a letter rogatory need not be
				excluded merely for the reason that it is not a verbatim transcript or that the
				testimony was not taken under oath or for any similar departure from the
				requirements for depositions taken within the United States under these
				rules.
Nebraska Administrative Code › Topic - TAX EQUALIZATION AND REVIEW COMMISSION › Title 442 - TAX EQUALIZATION AND REVIEW COMMISSION › Chapter 12 - DISCOVERY RULES › Section 442-12-003 - Stipulations Regarding Discovery Procedure (Rule 29)

Current through June 17, 2024
Unless the Commission orders otherwise, the parties may by
				  written or otherwise recorded stipulation:
003.01 Provide that depositions may be taken
				before any person, at any time or place, upon any notice, and in any manner and
				when so taken may be used like other depositions, and
003.02 Modify the procedures provided by
				these rules for other methods of discovery.
Nebraska Administrative Code › Topic - TAX EQUALIZATION AND REVIEW COMMISSION › Title 442 - TAX EQUALIZATION AND REVIEW COMMISSION › Chapter 12 - DISCOVERY RULES › Section 442-12-004 - Depositions Upon Oral Examination (Rule 30)

Current through June 17, 2024
004.01 When
				Depositions May Be Taken
After filing a petition or appeal, any party may take the
				  testimony of any person, including a party, by deposition upon oral
				  examination. Leave of the Commission, granted with or without notice, must be
				  obtained only if the petitioner or appellant seeks to take a deposition prior
				  to the expiration of thirty days after service of notice in lieu of summons,
				  except that leave is not required:
004.01A If a defendant or appellee has served
				a notice of taking a deposition or otherwise sought discovery, or
004.01B If special notice is given as
				provided in subdivision
				004.02B of this
				rule.
The attendance of witnesses may be compelled by
				  subpoena.
Nebraska Administrative Code › Topic - TAX EQUALIZATION AND REVIEW COMMISSION › Title 442 - TAX EQUALIZATION AND REVIEW COMMISSION › Chapter 12 - DISCOVERY RULES › Section 442-12-005 - Depositions Upon Written Questions (Rule 31)

Current through June 17, 2024
005.01 Serving
				Questions; Notice
After filing of a petition or appeal, any party may take the
				  testimony of any person including a party by deposition upon written questions.
				  The attendance of witnesses may be compelled by subpoena.
A party desiring to take a deposition upon written questions
				  shall serve them upon every other party with a notice stating:
005.01A The name and address of the person
				who is to answer them, if known, and if the name is not known, a general
				description sufficient to identify him or her or the particular class or group
				to which he or she belongs, and
005.01B The name or descriptive title and
				address of the officer before whom the deposition is to be taken.
A deposition upon written questions may be taken of a public
				  or private corporation or a partnership or association or governmental agency
				  in accordance with the provisions of Rule
				  004.02F.
Within thirty days after the notice and written questions are
				  served, a party may serve cross questions upon all other parties. Within ten
				  days after being served with cross questions, a party may serve redirect
				  questions upon all other parties. Within ten days after being served with
				  redirect questions, a party may serve recross questions upon all other parties.
				  The Commission may for cause shown enlarge or shorten the
				  time.
Nebraska Administrative Code › Topic - TAX EQUALIZATION AND REVIEW COMMISSION › Title 442 - TAX EQUALIZATION AND REVIEW COMMISSION › Chapter 12 - DISCOVERY RULES › Section 442-12-006 - Use of Depositions in Hearings (Rule 32)

Current through June 17, 2024
006.01 Use of
				Depositions
Any part or all of a deposition, so far as admissible under
				  Neb. Rev. Stat. §
										77-5016
				  applied as though the witness were then present and testifying, may be used
				  against any party who was present or represented at the taking of the
				  deposition or who had reasonable notice thereof, in accordance with any of the
				  following provisions.
006.01A Any
				deposition may be used by any party for the purpose of contradicting or
				impeaching the testimony of deponent as a witness or for any purpose permitted
				by Neb. Rev. Stat. §
										77-5016.
006.01B The deposition of a party or of
				anyone who at the time of taking the deposition was an officer, director, or
				managing agent, or a person designated under subsection
				004.02F or
				005.01, to testify on behalf of a public or private corporation, partnership or
				association, or governmental agency which is a party may be used by an adverse
				party for any purpose.
006.01C The
				deposition of a witness, whether or not a party, may be used by any party for
				any purpose if the Commission finds:
006.01C1
				That the witness is dead; or
006.01C2 That the witness is at a greater
				distance than one hundred miles from the place of hearing, or out of the state,
				or beyond the subpoena power of the Commission, unless it appears that the
				absence of the witness was procured by the party offering the deposition;
				or
006.01C3 That the witness is
				unable to attend or testify because of age, illness, infirmity, or
				imprisonment; or
006.01C4 That the
				party offering the deposition has been unable to procure the attendance of the
				witness by subpoena; or
006.01C5
				That such exceptional circumstances exist as to make it desirable, in the
				interest of justice and with due regard to the importance of presenting the
				testimony of witnesses orally before the Commission, to allow the deposition to
				be used; or
006.01C6 Upon
				application and notice prior to the taking of the deposition, that
				circumstances exist such as to make it desirable, in the interest of justice
				and with due regard to the importance of presenting the testimony of witnesses
				orally before the Commission, to allow the deposition to be used.
006.01D If only part of a
				deposition is offered in evidence by a party, an adverse party may require the
				party to introduce any other part which ought in fairness to be considered with
				the part introduced, and any party may introduce any other parts relevant to
				the issues.
Substitution of parties does not affect the right to use
				  depositions previously taken.
Nebraska Administrative Code › Topic - TAX EQUALIZATION AND REVIEW COMMISSION › Title 442 - TAX EQUALIZATION AND REVIEW COMMISSION › Chapter 12 - DISCOVERY RULES › Section 442-12-008 - Production of Documents, Electronically Stored Information, and Things and Entry Upon Land for Inspection and Other Purposes (Rule 34)

Current through June 17, 2024
008.01 Scope
Any party may serve on any other party a request:
008.01A To produce and permit the party
				making the request, or someone acting on the party's behalf, to inspect, copy,
				test, or sample any designated documents or electronically stored information
				(including writings, drawings, graphs, charts, photographs, sound recordings,
				images, and other data or data compilations stored in any medium from which
				information can be obtained, translated, if necessary, by the respondent into
				reasonably usable form), or to inspect and copy, test, or sample any tangible
				things which constitute or contain matters within the scope of subsection
				001.02 and which are in the possession, custody, or control of the party upon
				whom the request is served; or
008.01B To permit entry upon designated land
				or other property in the possession or control of the party upon whom the
				request is served for the purpose of inspection and measuring, surveying,
				photographing, testing, or sampling the property or any designated object or
				operation thereon, within the scope of subsection 001.02.
Nebraska Administrative Code › Topic - TAX EQUALIZATION AND REVIEW COMMISSION › Title 442 - TAX EQUALIZATION AND REVIEW COMMISSION › Chapter 12 - DISCOVERY RULES › Section 442-12-009 - Discovery From a Nonparty Without a Deposition (Rule 34A)

Current through June 17, 2024
009.01 Procedure
009.01A Scope. Any party may, by subpoena
				without a deposition:
009.01A1 require the
				production for inspection, copying, testing or sampling of designated books,
				papers, documents, tangible things, or electronically stored information
				(including writings, drawings, graphs, charts, photographs, sound recordings,
				and other data compilations from which information can be obtained) translated
				if necessary by the owner or custodian into reasonably usable form) that are in
				the possession, custody, or control of a person who is not a party and within
				the scope of subsection 001.02; or
009.01A2 obtain entry upon designated land or
				other property within the scope of subsection 001.02 that is in the possession
				or control of a person who is not a party for the purpose of inspection and
				measuring, surveying, photographing, testing, or sampling the property or any
				designated object or operation thereon.
Nebraska Administrative Code › Topic - TAX EQUALIZATION AND REVIEW COMMISSION › Title 442 - TAX EQUALIZATION AND REVIEW COMMISSION › Chapter 12 - DISCOVERY RULES › Section 442-12-011 - Failure to Make Discovery: Sanctions (Rule 37)

Current through June 17, 2024
011.01 Motion for
				Order Compelling Discovery
A party, upon reasonable notice to other parties and all
				  persons affected thereby, may apply for an order compelling discovery as
				  follows:
011.01A Motion. If a deponent
				fails to answer a question propounded or submitted under sections 004 or 005,
				or a corporation or other entity fails to make a designation under subsection
				004.02F or
				005.01, or a party fails to answer an interrogatory submitted under section
				007, or if a party, in response to a request for inspection submitted under
				section 008, fails to respond that inspection will be permitted as requested or
				fails to permit inspection as requested, the discovering party may move for an
				order compelling an answer, or a designation, or an order compelling inspection
				in accordance with the request. When taking a deposition on oral examination,
				the proponent of the question may complete or adjourn the examination before
				the proponent applies for an order.
If the Commission denies the motion in whole or in part, it
				  may make such protective order as it would have been empowered to make on a
				  motion made pursuant to subsection 001.03.
011.01B Evasive or Incomplete Answer. For
				purposes of this subdivision an evasive or incomplete answer is to be treated
				as a failure to answer.
011.01C
				Award of Expenses of Motion. If the motion is granted, the Commission may,
				after opportunity for hearing, require the party or deponent whose conduct
				necessitated the motion or the party or legal counsel advising such conduct or
				both of them to pay to the moving party the reasonable expenses incurred in
				obtaining the order, unless the Commission finds that the opposition to the
				motion was substantially justified or that other circumstances make an award of
				expenses unjust.
If the motion is denied, the Commission may, after
				  opportunity for hearing, require the moving party or the legal counsel advising
				  the motion or both of them to pay to the party or deponent who opposed the
				  motion the reasonable expenses incurred in opposing the motion, unless the
				  Commission finds that the making of the motion was substantially justified or
				  that other circumstances make an award of expenses unjust.
If the motion is granted in part and denied in part, the
				  Commission may apportion the reasonable expenses incurred in relation to the
				  motion among the parties and persons in a just manner.
Nebraska Administrative Code › Topic - TOURISM COMMISSION › Title 266 - NEBRASKA TOURISM COMMISSION › Chapter 1 - GRANTS › Section 266-1-002 - APPLICANT PLAN GUIDELINES

Current through June 17, 2024
A community or organization applying for a marketing
				  assistance grant or an innovative tourism grant shall follow guideline
				  requirements found at:
https://visitnebraska.com/media/industry/category/grants
.
Nebraska Administrative Code › Topic - TOURISM COMMISSION › Title 266 - NEBRASKA TOURISM COMMISSION › Chapter 2 - TOURISM MARKER PROGRAM › Section 266-2-001

Current through June 17, 2024
Nebraska law allows allowed for marking significant tourism
				  attractions within the state under the Nebraska Visitors Development Act, Neb
				  Rev. Stat. §§
									81-3703
				  through
				  81-3726
Nebraska Administrative Code › Topic - TOURISM COMMISSION › Title 266 - NEBRASKA TOURISM COMMISSION › Chapter 2 - TOURISM MARKER PROGRAM › Section 266-2-002

Current through June 17, 2024
In compliance with Nebraska Law, Neb Rev. Stat. §§
									81-3703,
				  81-3706.01,
				  and
				  81-3711.01,
				  the Nebraska Tourism Commission has formed a Tourism Marker Committee to
				  establish the criteria, location requirements and design to mark significant
				  tourism attractions.
A. Committee
				members are assigned by the chair of the Commission.
Nebraska Administrative Code › Topic - TOURISM COMMISSION › Title 266 - NEBRASKA TOURISM COMMISSION › Chapter 2 - TOURISM MARKER PROGRAM › Section 266-2-003 - Marker Criteria

Current through June 17, 2024
The following are the requirements for Tourism Marker
				  eligibility
A. Marker must be
				sponsored by a government entity or nonprofit organization.
1. For-profit businesses are not eligible for
				Tourism Markers.
Nebraska Administrative Code › Topic - TOURISM COMMISSION › Title 266 - NEBRASKA TOURISM COMMISSION › Chapter 2 - TOURISM MARKER PROGRAM › Section 266-2-004 - Location Requirements

Current through June 17, 2024
The locations listed below are the only locations at which
				  markers will be approved to be placed. Markers are prohibited on 4-lane
				  highways and the interstate system
A.
				Natural Resource such as a lake, scenic vista, etc.
1. Marker must be within 5 miles of the
				natural resource.
Nebraska Administrative Code › Topic - TOURISM COMMISSION › Title 266 - NEBRASKA TOURISM COMMISSION › Chapter 2 - TOURISM MARKER PROGRAM › Section 266-2-005 - Design

Current through June 17, 2024
A. A chemically etched 48"x48" anodized
				aluminum panel will be used to mark the significant tourism attractions in the
				state.
B. Panel will be mounted on
				a metal surround creating uniformity in appearance.
C. Marker structure would be installed on two
				posts for durability.
D. Header
				must state "Nebraska Tourism Marker."
E. The Nebraska Tourism Commission will
				review and approve all content including, but not limited to, verbiage and
				images.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 17 - NEBRASKA DEPARTMENT OF TRANSPORTATION - AERONAUTICS DIVISION › Chapter 1 - PUBLIC USE AIRPORT/HELIPORT LICENSING › Section 17-1-001 - Definitions

Current through June 17, 2024
001.01A Airport means any area that is used,
  or intended for use, for landing and takeoff of aircraft, and any appurtenant
  areas that are used, or intended for use, for airport buildings or other
  airport facilities or rights of way.
001.01B Displaced Threshold means a threshold
  that is located at a point on the runway other than at the beginning of the
  runway surface. The area behind the displaced threshold is available for
  rollout or takeoff of aircraft.
001.01C Effective Runway Length means the
  longest takeoff length available.
001.01D Heliport means any area for exclusive
  use by rotocraft that is used, or intended for use, for landing and takeoff of
  rotorcraft, and any appurtenant areas that are used, or intended for use, for
  heliport buildings or other heliport facilities or rights of way.
001.01E Public-Use means available for use by
  the general flying public.
001.01F
  Private-Use means available for use by the owner and only for use by others
  upon specific invitation of the owner.
001.01G Primary Runway means the runway
  designated by the Aeronautics Division of the Nebraska Department of
  Transportation as the primary runway, considering length, wind coverage,
  surface and other factors deemed appropriate.
001.01H Runway means a paved or unpaved area
  of prescribed dimension available for aircraft takeoffs and landings.
001.01I Threshold means the beginning of the
  runway that is available for landing.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 17 - NEBRASKA DEPARTMENT OF TRANSPORTATION - AERONAUTICS DIVISION › Chapter 1 - PUBLIC USE AIRPORT/HELIPORT LICENSING › Section 17-1-002 - Site Application and Approval

Current through June 17, 2024
002.01 The sponsor
  of a proposed public-use airport or heliport shall:
002.01A Submit a Federal Aviation
  Administration (FAA) Form 7480-1 "Notice of Landing Area Proposal" to the
  FAA;
002.01B Request a license from
  the Department. Include a copy of FAA Form 7480-1 and any FAA response or
  conditions with the request;
002.01C Request and assure an on-site
  inspection by a representative of the Department;
002.01D Receive approval of the site from the
  Nebraska Aeronautics Commission;
002.01E Meet or exceed the conditions
  described in the FAA Form 7480-1 response.
002.01F Obtain a license from the Department.
  Airports shall meet or exceed minimum standards pursuant to section 17 NAC
  1-003.02 and any other safety
  conditions established by the Department. Heliports shall meet or exceed
  minimum standards pursuant to 17 NAC
  1-004.01B. The
  license does not relieve the airport owner of responsibility for complying with
  local zoning regulations.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 17 - NEBRASKA DEPARTMENT OF TRANSPORTATION - AERONAUTICS DIVISION › Chapter 1 - PUBLIC USE AIRPORT/HELIPORT LICENSING › Section 17-1-003 - Licensing

Current through June 17, 2024
003.01 - Public Use Airports
003.01A A public-use airport shall be
  licensed by the Department for a period not to exceed 3 years and shall
  maintain or exceed the minimum standards as outlined in section 17 NDA
  1003.02 or possess a waiver
  pursuant to 17 NAC
  1-003.02H.
003.01B Public-use airports, currently
  licensed and maintained in accordance with Aeronautics Division of the Nebraska
  Department of Transportation regulations in effect December 31, 2000, may
  continue to be licensed by the Department until December 31, 2008, provided
  there are no new uncorrected violations.
003.01C A public-use airport certificated in
  accordance with Federal Aviation Regulation Part 139 shall be considered to
  meet these standards and shall be licensed indefinitely until such time as the
  airport ceases to be certificated in accordance with FAR Part 139. When the
  airport ceases to be certificated, the airport shall notify the Department in
  writing.
003.01D When a public use
  airport's license expires or is surrendered or revoked the airport owner must
  (1) file the appropriate notice with the Federal Aviation Administration
  changing the status of the airport from public-use, and (2) cease operation as
  a public- use airport.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 17 - NEBRASKA DEPARTMENT OF TRANSPORTATION - AERONAUTICS DIVISION › Chapter 1 - PUBLIC USE AIRPORT/HELIPORT LICENSING › Section 17-1-004 - Licensing - Public Use Heliport

Current through June 17, 2024
004.01 A public use
  heliport shall be licensed by the Aeronautics Division of the Nebraska
  Department of Transportation for a period not to exceed 3 years and shall
  maintain or exceed the minimum standards set forth in 17 NAC
  1-004.01B.
004.02 A public use heliport shall comply
  with the technical information and guidelines of the Federal Aviation
  Administration Advisory Circular No. 150/
  5390-2C, "Heliport
  Design" dated April 2012.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 17 - NEBRASKA DEPARTMENT OF TRANSPORTATION - AERONAUTICS DIVISION › Chapter 2 - AIRPORT HAZARD AREA ZONING › Section 17-2-001 - Airport Hazard Area Description

Current through June 17, 2024
In accordance with Neb. Rev. Stat. §
									3-303
	 of the Airport Zoning Act, every political subdivision having an airport hazard
	 area within the area of its zoning jurisdiction, must adopt, administer, and
	 enforce, at a minimum the following regulations for such airport hazard area as
	 herein defined:
The Airport Hazard Area, as defined in Neb. Rev. Stat. §
									3-301 of the
	 Airport Zoning Act, consists of Operation Zones, Approach Zones, Transition
	 Zones, and Turning Zones. The outer boundary of the Hazard Area is constituted
	 by the outer boundary of the Approach Zones and the Turning Zones. To assist in
	 identifying the Hazard Area and the four zones, see 17 NAC 2.005.01 through
	 2.005.04.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 17 - NEBRASKA DEPARTMENT OF TRANSPORTATION - AERONAUTICS DIVISION › Chapter 2 - AIRPORT HAZARD AREA ZONING › Section 17-2-002 - Height Restriction

Current through June 17, 2024
No building, transmission line, communication line, pole, tower,
	 smoke-stack, chimney, wires, or other structure or appurtenance thereto of any
	 kind or character shall hereafter be erected, constructed, repaired, or
	 established, nor shall any tree or other object of natural growth be allowed to
	 grow, above the heights described in 2.001 above
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 17 - NEBRASKA DEPARTMENT OF TRANSPORTATION - AERONAUTICS DIVISION › Chapter 2 - AIRPORT HAZARD AREA ZONING › Section 17-2-003 - Permit; Required and Exceptions

Current through June 17, 2024
003.01
Permit
  Required
It shall hereafter be unlawful to erect, construct, reconstruct,
	 repair, or establish any building, transmission line, pole, tower, chimney,
	 wires, or any other structure or appurtenance within the Hazard Area without
	 first obtaining a permit from ___(
insert name of the appropriate
	 municipal office here
) . It shall also be unlawful to plant or replant
	 any tree or other object of natural growth without the necessary permit.
003.02
Permit
  Exceptions
003.02A Within the
  outer area of the Approach Zones, as shown on illustrations 005.01 through
  005.04, and within the Turning Zones, no permit shall be required for any
  construction or planting that is not higher than seventy-five (75) feet above
  the nearest existing or proposed runway end.
003.02B The repair, reconstruction, or
  replacement of nonconforming electric facilities will be permitted in
  compliance with Neb. Rev. Stat. §
										3-311(3)
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 17 - NEBRASKA DEPARTMENT OF TRANSPORTATION - AERONAUTICS DIVISION › Chapter 2 - AIRPORT HAZARD AREA ZONING › Section 17-2-004 - Location Sketch and Zoning Map

Current through June 17, 2024
The boundaries, Approach Zones, Operations Zone, Transition Zones, and
	 Turning Zones of the airport are indicated on the Zoning Map that accompanies
	 and is hereby made a part hereof by reference A copy of the airport hazard area
	 zoning regulations shall at all times be on file in the office of (insert name
	 of the appropriate municipal office here) , Nebraska
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 17 - NEBRASKA DEPARTMENT OF TRANSPORTATION - AERONAUTICS DIVISION › Chapter 2 - AIRPORT HAZARD AREA ZONING › Section 17-2-005 - Zoning Map Illustrations

Current through June 17, 2024
The following are illustrations of Airport Zoning Maps depicting the
	 configuration of the Airport Hazard Area, Approach Zones, Operation Zones,
	 Transition Zones, and Turning Zones:
005.01
Illustration of Hazard
  Zones: Airport with an Instrument and a Visual Runway
Click
	 here to view image
005.02
Illustration of an
  Instrument Runway: Airport Hazard Zones / Approach Zone Plan and
  Profile
Click
	 here to view image
005.03
Illustration of a Visual
  Runway: Airport Hazard Zones / Approach Zone Plan and Profile
Click
	 here to view image
005.04
Illustration of a Turf
  Runway: Airport Hazard Zones / Approach Zone Plan and Profile
Click
	 here to view image
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 17 - NEBRASKA DEPARTMENT OF TRANSPORTATION - AERONAUTICS DIVISION › Chapter 3 - MARKING AND LIGHTING OF STRUCTURES › Section 17-3-001.01

Current through June 17, 2024
The following structures, including appurtenances, must be marked and
	 lighted:
001.01A structures outside
  the corporate limits of cities and villages and more than 200 feet above ground
  level, and
001.01B structures
  within the corporate limits of cities and villages and more than 500 feet above
  ground level.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 17 - NEBRASKA DEPARTMENT OF TRANSPORTATION - AERONAUTICS DIVISION › Chapter 3 - MARKING AND LIGHTING OF STRUCTURES › Section 17-3-001.02

Current through June 17, 2024
Marking and lighting must be in the manner prescribed in the Federal
	 Aviation Administration Advisory Circular 70/
	 7460-1K "Obstruction
	 Marking and Lighting" dated April 15,2000, including Change 1, incorporated
	 into these regulations by reference. A copy of this advisory circular may be
	 obtained from the Department of Aeronautics, PO Box 82088, Lincoln, Nebraska
	 68501. It is the duty of persons, firms, and corporations owning, maintaining,
	 or using such structures to provide and maintain such marking and
	 lighting.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 17 - NEBRASKA DEPARTMENT OF TRANSPORTATION - AERONAUTICS DIVISION › Chapter 4 - TRANSMISSION LINES › Section 17-4-001

Current through June 17, 2024
Upon the filing of an application for permission to construct or alter
	 any overhead wire, cable or pipeline as provided in Neb. Rev. Statute §
									75-713,
	 the Department of Aeronautics shall review the application and transmit its
	 approval or disapproval to the Public Service Commission.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 17 - NEBRASKA DEPARTMENT OF TRANSPORTATION - AERONAUTICS DIVISION › Chapter 4 - TRANSMISSION LINES › Section 17-4-002

Current through June 17, 2024
The requirement which must be met by an applicant to obtain approval is
	 as follows:
002.01 The wire, cable, or
  pipeline must not be an obstruction as defined in Federal Aviation Regulations
  (FAR) Part 77 "Objects Affecting Navigable Airspace" published January 1975,
  and
002.02 The wire, cable, or
  pipeline must not violate any local zoning regulations or the local zoning
  board must agree to waive the local regulation
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 17 - NEBRASKA DEPARTMENT OF TRANSPORTATION - AERONAUTICS DIVISION › Chapter 4 - TRANSMISSION LINES › Section 17-4-003

Current through June 17, 2024
When a proposed structure is near an airport, the Department may
	 require the applicant to furnish an FAA determination in regards to FAR Part 77
	 An FAA determination can be obtained by submitting a FAA Form 7460-1 to the
	 appropriate FAA office
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 407 - NEBRASKA DEPARTMENT OF TRANSPORTATION - GOVERNMENT AFFAIRS OFFICE › Chapter 2 - PRACTICE AND PROCEDURE FOR CONTESTED CASES › Section 407-2-001

Current through June 17, 2024
The Nebraska Department of Transportation adopts by reference Title 53.
	 Chapter 4. the Nebraska Attorney General's model rule for Rules of Practice and
	 Procedure for Contested Cases.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 407 - NEBRASKA DEPARTMENT OF TRANSPORTATION - GOVERNMENT AFFAIRS OFFICE › Chapter 2 - PRACTICE AND PROCEDURE FOR CONTESTED CASES › Section 407-2-002

Current through June 17, 2024
This regulation shall govern the Nebraska Department of Transportation
	 and the following two statutory boards for which the Department is required to
	 provide clerical and other support:
002.01 Nebraska Board of Public Roads
  Classifications and Standards
002.02 Nebraska Board of Examiners for County
  Highway and City Street Superintendents
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 407 - NEBRASKA DEPARTMENT OF TRANSPORTATION - GOVERNMENT AFFAIRS OFFICE › Chapter 3 - PROCEDURES GOVERNING DECLARATORY ORDERS › Section 407-3-001

Current through June 17, 2024
The Nebraska Department of Transportation adopts by reference Title 53.
	 Chapter 3, the Nebraska Attorney General's model rule for Procedures Goyerning
	 Declaratory Orders.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 407 - NEBRASKA DEPARTMENT OF TRANSPORTATION - GOVERNMENT AFFAIRS OFFICE › Chapter 3 - PROCEDURES GOVERNING DECLARATORY ORDERS › Section 407-3-002

Current through June 17, 2024
This regulation shall qoyern the Nebraska Department of Transportation
	 and the following two statutory boards for which the Department is required to
	 provide clerical and other support:
002.01 Nebraska Board of Public Roads
  Classifications and Standards.
002.02 Nebraska Board of Examiners for County
  Highway and City Street Superintendents.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 407 - NEBRASKA DEPARTMENT OF TRANSPORTATION - GOVERNMENT AFFAIRS OFFICE › Chapter 4 - Petitioning for Rulemaking › Section 407-4-001

Current through June 17, 2024
The Nebraska Department of Transportation adopts by reference Title 53,
	 Chapter 2. the Nebraska Attorney General's model rule for Petitioning for
	 Rulemaking.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 407 - NEBRASKA DEPARTMENT OF TRANSPORTATION - GOVERNMENT AFFAIRS OFFICE › Chapter 4 - Petitioning for Rulemaking › Section 407-4-002

Current through June 17, 2024
This regulation shall govern the Nebraska Department of Transportation
	 and the following two statutory boards for which the Department is reguired to
	 provide clerical and other support:
002.01 Nebraska Board of Public Roads
  Classifications and Standards.
002.02 Nebraska Board of Examiners for County
  Highway and City Street Superintendents.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 408 - NEBRASKA DEPARTMENT OF TRANSPORTATION - OPERATIONS DIVISION › Chapter 1 - HAY HARVESTING PERMITS › Section 408-1-001 - PURPOSE

Current through June 17, 2024
The following Rules and Regulations govern permits for mowing and
	 harvesting of hay on the right-of-way of highways of the state highway system
	 in accordance with the requirements of Chapter 39, Article 13, Neb. Rev. Stat.
	 39-1359.01.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 408 - NEBRASKA DEPARTMENT OF TRANSPORTATION - OPERATIONS DIVISION › Chapter 1 - HAY HARVESTING PERMITS › Section 408-1-002 - DEFINITIONS

Current through June 17, 2024
002.01
Abutting
  owner:
Owner of land immediately adjacent to the highway right-of-way,
	 including those persons having an intervening strip ownership of land. Some
	 examples of intervening strip ownership include but are not limited to
	 railroads, canal systems, trail systems, etc.
002.02
Aesthetic
  Mowing:
Cutting of hay without baling.
002.03
Assignee:
One to whom property rights or powers are transferred by
	 another.
002.04
Department:
Nebraska Department of Roads.
002.05
Freeway:
An expressway with full control of access (having no at-grade
	 intersections).
002.06
Harvesting:
Cutting of hay and removing hay from the ground by baling.
002.07
Hay:
All vegetation including annuals and including woody plants that are
	 one-inch or less in diameter.
002.08
Normal business
  hours:
8:00 a.m. - 4:30 p.m., Monday through Friday, excludes holidays.
002.09
Owner:
A person, other than a lien-holder, having title in whole or part to
	 real estate and entitled to the use and possession, including a person entitled
	 to the use and possession of the real estate under a land contract, 99 year
	 lease, or a lease including any options for extension with at least 50 years to
	 run from the date of acquisition.
002.10
Person:
Every natural person, firm, partnership, association, organization, or
	 corporation, both public and private.
002.11
Right-of-Way:
Land, property, or interest therein, usually in a strip acquired for or
	 devoted to the state highway system.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 408 - NEBRASKA DEPARTMENT OF TRANSPORTATION - OPERATIONS DIVISION › Chapter 1 - HAY HARVESTING PERMITS › Section 408-1-003 - LIABILITY

Current through June 17, 2024
003.01 The applicant for a permit shall sign
  a release acknowledging that the applicant:
003.01A Will assume all risk and liability
  for hay quality, including any contaminants, which may be contained in the
  harvested hay.
003.01B Will assume
  all risk and liability for any accidents and damages that may occur as a result
  of the work.
003.01C Acknowledges
  that the State of Nebraska is not liable for work performed by the
  permittee.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 408 - NEBRASKA DEPARTMENT OF TRANSPORTATION - OPERATIONS DIVISION › Chapter 1 - HAY HARVESTING PERMITS › Section 408-1-004 - CRITERIA

Current through June 17, 2024
004.01 Mowing and harvesting of hay may begin
  on or after July 15 and shall end no later than September 15 of each year. Only
  one cutting per permit will be allowed.
004.02 The abutting owner or the owner's
  assignee shall have priority to receive a permit for such land during normal
  business hours before 4:30 p.m. from March 1 through July 29 of each
  year.
004.03 All applicants who are
  not abutting owners or owners' assignees shall not be eligible to receive a
  permit until, and may not apply until, July 30 of each year.
004.04 Applicants who are not abutting owners
  or owners' assignees shall be limited to a permit for a distance not to exceed
  a total of five miles per year. These miles may be on either side of the
  highway as long as the combined distance on both sides does not exceed five
  miles. These five miles need not be continuous. Distance will be measured to
  the nearest tenth ( 0.1) of a mile and will be referenced to the nearest
  milepost.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 408 - NEBRASKA DEPARTMENT OF TRANSPORTATION - OPERATIONS DIVISION › Chapter 1 - HAY HARVESTING PERMITS › Section 408-1-005 - REQUIREMENTS

Current through June 17, 2024
005.01 To assure compliance with Neb. Rev.
  Stat. 2-945.01 to 2-966, Noxious Weed Control Act, the permittee shall obtain
  noxious weed identification, location, and demarcation from the County Weed
  Superintendent prior to harvesting hay on the highway right-of-way. Noxious
  weeds shall be mowed but not windrowed or baled.
005.02 The permittee shall have a copy of the
  permit on site during all harvesting activities.
005.03 Vegetation shall be mowed no lower
  than a height of five inches.
005.04 No selective mowing will be allowed.
  All vegetation including grasses, weeds, sunflowers, or volunteer growth,
  excluding landscaping, must be mowed even if not harvested.
005.05 All windrowed vegetation shall be
  baled within three days, weather permitting.
005.06 Bales of vegetation shall not at any
  time be located closer than 30 feet from the near edge of pavement.
005.07 All baled vegetation shall be removed
  from the right-of-way within 10 days after being baled or by September 15,
  whichever comes first, except during conditions described in section 005.08.
  Bales not removed within this time limit may be removed and/or disposed of by
  the Department at a cost chargeable to the permit holder. No baling of mowed
  hay will be allowed after the expiration date.
005.08 The permit holder shall not engage in
  harvesting operations during periods when resultant wheel ruts would cause
  possible drainage or erosion problems. Costs for repair by the Department of
  damage to the right-of-way caused by such operations will be chargeable to the
  permit holder.
005.09 No mowing or
  harvesting shall be allowed on any of the following non-exclusive listed areas:
005.09A On the right-of-way of any interstate
  or freeway.
005.09B Within 15 feet
  from the edge of the pavement.
005.09C On slopes steeper than three feet
  horizontal to one foot vertical.
005.09D On newly seeded areas where adequate
  vegetation is not established.
005.09E On areas with sparse or marginal
  vegetative cover as determined by the Department.
005.09F On medians, interchange quadrants,
  rest areas, and construction zones.
005.09G Within corporate limits.
005.09H On other areas excluded by the
  Department.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 408 - NEBRASKA DEPARTMENT OF TRANSPORTATION - OPERATIONS DIVISION › Chapter 1 - HAY HARVESTING PERMITS › Section 408-1-006 - APPLICATION PROCESS

Current through June 17, 2024
006.01 An application for a permit to harvest
  hay shall be made to the Department through the District Engineer or designee
  in charge of the geographic area where the right-of-way is located.
006.02 All submitted applications shall be
  complete and shall be accompanied by the items noted in Section 003 and shall
  include the permit fee.
006.02A When the
  owner(s) are signing for themselves or in designating an assignee, under
  Section 004.02, all owner(s) must sign the application.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 408 - NEBRASKA DEPARTMENT OF TRANSPORTATION - OPERATIONS DIVISION › Chapter 1 - HAY HARVESTING PERMITS › Section 408-1-007 - PERMITS

Current through June 17, 2024
007.01 A permit must be issued before an
  applicant can begin mowing operations.
007.02 The permittee shall give the
  Department 48 hours notice of his or her intention to start haying operations.
  Notification instructions will be identified on the permit.
007.03 The permit shall be
  non-transferable.
007.04 The permit
  shall be subject to any laws now in effect or any laws which may be hereafter
  enacted and all applicable rules and regulations of local, state and federal
  agencies.
007.05 The permit shall
  expire on September 15 of the year of issue.
007.06 The Department reserves the right to
  cancel or modify the permit due to unforeseen circumstances.
007.07 The Department will consider
  performance and compliance with requirements of the permit when considering
  whether or not to cancel a permit. Future permits may be denied if a permittee
  has had a permit cancelled.
007.08
  A permit will not be required for the mowing of highway right-of-way by the
  adjacent property owner or tenant for aesthetic appearances only.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 408 - NEBRASKA DEPARTMENT OF TRANSPORTATION - OPERATIONS DIVISION › Chapter 1 - HAY HARVESTING PERMITS › Section 408-1-008 - FAILURE OF COMPLIANCE

Current through June 17, 2024
008.01 Any person harvesting hay without a
  permit shall be subject to the denial of future applications for a permit. Any
  hay harvested without a permit will become the property of the State and shall
  be confiscated by the Department. Said person shall be responsible for all
  incurred costs and damages, and may be prosecuted to the fullest extent of the
  law for property theft.
008.02 The
  permittee shall be financially responsible for any damages as described in
  Section 003.
008.03 Failure of the
  permittee to comply with these Rules and Regulations including the terms of the
  permit to harvest hay shall be cause for cancellation of the permit and may
  result in refusal to grant future permits for harvesting hay.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 408 - NEBRASKA DEPARTMENT OF TRANSPORTATION - OPERATIONS DIVISION › Chapter 3 - PERMITS FOR MOVEMENT OF OVERWEIGHT AND/OR OVERDIMENSIONAL VEHICLES AND LOADS › Section 408-3-002 - MOVEMENTS REQUIRING OVERWEIGHT AND/OR OVERDIMENSIONAL PERMITS

Current through June 17, 2024
002.01 The issuance of a permit for the
  movement of a vehicle or combination of vehicles with or without a load which
  exceeds any legal weight or size limitation is subject to the discretion of the
  Department. Before issuing any permit, the Department shall first give
  consideration to the safety and convenience of the general public and the
  protection of the State Highway System and second, to the reasonable necessity
  and good cause being shown for the movement.
002.02 Permits shall be required for the
  movement, except the crossing of a highway, of the following:
002.02A A vehicle or combination of vehicles,
  with or without load, which exceeds the gross load permitted by the
  statutes.
002.02B A vehicle or
  combination of vehicles, with or without load, when any axle weight exceeds the
  limit imposed by law for the axle spacing.
002.02C A vehicle or combination of vehicles,
  with or without load, when the maximum width exceeds 8 feet, 6 inches,
  exclusive of safety and energy conservation devices, such as rearview mirrors,
  turn signal lamps, marker lamps, steps and handholds for entry and egress,
  flexible fender extensions, mudflaps and splash and spray suppressant devices,
  load-induced tire bulge, and other devices necessary for safe and efficient
  operation of motor vehicles, except that no device excluded from the
  limitations of this law shall have by its design or use the capability to carry
  cargo.
002.02D A vehicle or
  combination of vehicles, with or without load, when the maximum height exceeds
  14 feet, 6 inches.
002.02E A
  vehicle, with or without load, having an overall length exceeding 40 feet,
  except as noted in Subsection
  002.02G.
002.02F A combination of vehicles, with or
  without load, when the maximum length exceeds 65 feet, except as noted in
  Subsection
  002.02G.
002.02G Statutory exceptions to the permit
  requirements for vehicles and combination vehicles are shown in Annex A to
  these regulations.