Chapter 3 — AERONAUTICS
220 sections in this chapter.
Neb. Rev. Stat. § 3-233 Municipality; assist another municipality; gift; lease; appropriation of money by taxation or bonds.
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Whenever the governing body of any municipality determines that the public interest and the interests of the municipality will be served by assisting any other municipality in exercising the powers and authority granted by sections 3-201 to 3-238 and 18-1502, such first-mentioned…
Neb. Rev. Stat. § 3-234 Purpose of sections.
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The purposes of sections 3-201 to 3-238 and 18-1502 are specifically declared to be county purposes as well as generally public, governmental and municipal.
Neb. Rev. Stat. § 3-235 Powers granted counties.
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The powers herein granted to all municipalities are specifically declared to be granted to counties in this state, any other statute to the contrary notwithstanding.
Neb. Rev. Stat. § 3-236 Airport and air navigational facility; laws governing; jurisdiction.
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Every airport and other air navigation facility controlled and operated by any municipality, or jointly controlled and operated pursuant to the provisions of sections 3-201 to 3-238 and 18-1502, shall, subject to federal and state laws, rules, and regulations, be under the exclus…
Neb. Rev. Stat. § 3-237 Sections, how construed.
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Sections 3-201 to 3-238 and 18-1502 shall be so interpreted and construed as to make uniform so far as possible the laws and regulations of this state and other states and of the government of the United States having to do with the subject of aeronautics.
Neb. Rev. Stat. § 3-238 Act, how cited.
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Sections 3-201 to 3-238 and 18-1502 may be cited as the Revised Airports Act.
Neb. Rev. Stat. § 3-239 Airport authorities or municipalities; project applications under federal act; approval by division; required; division, act as agent; direct receipt of federal funds; when.
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(1) No city airport authority, county airport authority, joint airport authority, or municipality in this state, whether acting alone or jointly with another city airport authority, county airport authority, joint airport authority, or municipality, or with the state, shall submi…
Neb. Rev. Stat. § 3-240 Extraterritorial airport; terms, defined.
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As used in sections 3-240 to 3-244, unless the context otherwise requires: (1) Airport means any area of land or water which is used or intended for use, for the landing and taking off of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildin…
Neb. Rev. Stat. § 3-241 Extraterritorial airport; state or governmental agency; powers.
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This state or any governmental agency of this state having any powers with respect to planning, establishing, acquiring, developing, constructing, enlarging, improving, maintaining, equipping, operating, regulating, or protecting airports or air navigation facilities within this …
Neb. Rev. Stat. § 3-242 Extraterritorial airport; adjoining state; powers; right of eminent domain; reciprocity.
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Any state adjoining this state or any governmental agency thereof may plan, establish, acquire, develop, construct, enlarge, improve, maintain, equip, operate, regulate, and protect airports and air navigation facilities within this state, subject to the laws of this state applic…
Neb. Rev. Stat. § 3-243 Extraterritorial airport; joint exercise of powers.
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The powers granted by sections 3-241 and 3-242 may be exercised jointly by two or more states or governmental agencies, including this state and its governmental agencies, in such combination as may be agreed upon by them.
Neb. Rev. Stat. § 3-244 Act, how cited.
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Sections 3-240 to 3-244 may be cited as the Extraterritorial Airports Act.
Neb. Rev. Stat. § 3-301 Terms, defined.
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For purposes of the Airport Zoning Act, unless the context otherwise requires: (1)(a) Airport means an area of land or water that is used or intended to be used for the landing and takeoff of aircraft and includes any related buildings and facilities; (b) Airport includes only pu…
Neb. Rev. Stat. § 3-302 Airport hazard; public nuisance; prevention.
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(1) It is hereby found that an airport hazard endangers the lives and property of the users of an airport and occupants of land in its vicinity and also, if of the obstruction type, in effect reduces the size of the area available for the landing, takeoff, and maneuvering of airc…
Neb. Rev. Stat. § 3-303 Airport hazard; zoning regulations; modifications and exceptions.
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In order to prevent the creation or establishment of airport hazards, every political subdivision that has an airport hazard area within the area of its zoning jurisdiction shall adopt, administer, and enforce, under the police power and in the manner and upon the conditions pres…
Neb. Rev. Stat. § 3-304 Joint airport zoning board; airport zoning regulation; filing.
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If an airport is owned or controlled by a political subdivision and any airport hazard area appertaining to such airport is located outside of the political subdivision's zoning jurisdiction, the political subdivision owning or controlling the airport and the political subdivisio…
Neb. Rev. Stat. § 3-304.01 Joint airport zoning board; members; term.
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If a joint airport zoning board is created pursuant to section 3-304, such board shall have two representatives appointed by each political subdivision participating in its creation as members thereof and also a chairperson elected by a majority of the members so appointed. The t…
Neb. Rev. Stat. § 3-305 Zoning regulations; comprehensive zoning ordinance.
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In the event that a political subdivision has adopted or hereafter adopts a comprehensive zoning ordinance regulating, among other things, the height of buildings, any airport zoning regulations applicable to the same area or portion thereof may be incorporated in and made a part…
Neb. Rev. Stat. § 3-306 Zoning regulations; conflict; stringent limitation or requirement prevails.
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In the event of any conflict between any airport zoning regulations adopted under the Airport Zoning Act and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, and whe…
Neb. Rev. Stat. § 3-307 Zoning regulations; adoption; notice; hearing.
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No airport zoning regulations shall be adopted, amended, or changed under the Airport Zoning Act except by the action of the legislative body of the political subdivision in question, or the joint airport zoning board provided for in section 3-304, after a public hearing in relat…
Neb. Rev. Stat. § 3-308 Zoning regulations; procedure for adoption; commission; appointment; preliminary report; public hearings; final report.
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Prior to the initial zoning of any airport hazard area under the Airport Zoning Act, the political subdivision or joint airport zoning board which is to adopt the regulations shall appoint a commission, to be known as the airport zoning commission, to recommend the boundaries of …
Neb. Rev. Stat. § 3-309 Zoning regulations; requirements; reasonable.
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All airport zoning regulations adopted under the Airport Zoning Act shall be reasonable and not impose any requirement or restriction which is not reasonably necessary to effectuate the purposes of the act. In determining what regulations it may adopt, each political subdivision …
Neb. Rev. Stat. § 3-310 Zoning regulations; nonconforming use; exception.
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(1) No airport zoning regulations adopted under the Airport Zoning Act shall require the removal, lowering, or other change or alteration of any existing structure or tree not conforming to the regulations when adopted or amended or otherwise interfere with the continuance of any…
Neb. Rev. Stat. § 3-311 Zoning regulations; new or changed structure; nonconforming use; permit.
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(1) Airport zoning regulations adopted under the Airport Zoning Act may require that a permit be obtained before any new structure or use may be constructed or established and before any existing use or structure may be substantially changed, altered, or repaired. (2) Except as p…
Neb. Rev. Stat. § 3-312 Zoning regulations; property inconsistent with regulations; variance; allowance; exception.
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Any person desiring to erect any structure, increase the height of any structure, permit the growth of any tree, or otherwise use his or her property in a manner inconsistent with the airport zoning regulations adopted under the Airport Zoning Act may apply to the board of adjust…
Neb. Rev. Stat. § 3-313 Zoning regulations; permit or variance; hazard marking and lighting.
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In granting any permit under or variance from any airport zoning regulation adopted under the Airport Zoning Act, the administrative agency or board of adjustment may, if it deems it advisable to effectuate the purposes of the act and reasonable in the circumstances, so condition…
Transferred to section 3-319.01.
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[Repealed or reserved.]
Repealed. Laws 2013, LB 140, § 23.
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[Repealed or reserved.]
Repealed. Laws 2013, LB 140, § 23.
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[Repealed or reserved.]
Repealed. Laws 2013, LB 140, § 23.
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[Repealed or reserved.]
Repealed. Laws 2013, LB 140, § 23.
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[Repealed or reserved.]
Neb. Rev. Stat. § 3-319 Zoning regulations; provide for administration and enforcement.
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All airport zoning regulations adopted under the Airport Zoning Act shall provide for the administration and enforcement of such regulations by an administrative agency which may be an agency created by such regulations or any official, board, or other existing agency of the poli…
Neb. Rev. Stat. § 3-319.01 Zoning regulations; appeal; hearing; procedure; board; duties.
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(1) Any person aggrieved or taxpayer affected by any decision of an administrative agency made in its administration of airport zoning regulations adopted under the Airport Zoning Act, or any governing body of a political subdivision which is of the opinion that a decision of suc…
Neb. Rev. Stat. § 3-320 Zoning regulations; board of adjustment; members; terms; powers.
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(1) All airport zoning regulations adopted under the Airport Zoning Act shall provide for a board of adjustment to have and exercise the following powers: (a) To hear and decide appeals from any order, requirement, decision, or determination made by the administrative agency in t…
Repealed. Laws 2013, LB 140, § 23.
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[Repealed or reserved.]
Repealed. Laws 2013, LB 140, § 23.
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[Repealed or reserved.]
Neb. Rev. Stat. § 3-323 Board of adjustment; adopt rules; meetings; oaths; public hearings; record of proceedings.
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The board shall adopt rules in accordance with the provisions of the ordinance or resolution by which it was created. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence the acting cha…
Neb. Rev. Stat. § 3-324 Board of adjustment; judicial review; petition; grounds.
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Any (1) person aggrieved or taxpayer affected by any decision of a board of adjustment, (2) governing body of a political subdivision, or (3) joint airport zoning board, which is of the opinion that a decision of a board of adjustment is arbitrary or capricious, illegal, or unsup…
Repealed. Laws 2013, LB 140, § 23.
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[Repealed or reserved.]
Repealed. Laws 2013, LB 140, § 23.
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[Repealed or reserved.]
Repealed. Laws 2013, LB 140, § 23.
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[Repealed or reserved.]
Neb. Rev. Stat. § 3-328 Judicial review; costs.
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Costs shall not be allowed against the board of adjustment unless it appears to the court that it acted with gross negligence, in bad faith or with malice in making the decision appealed from.
Neb. Rev. Stat. § 3-329 Judicial review; effect of decision on other structures.
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In any case in which airport zoning regulations adopted under the Airport Zoning Act, although generally reasonable, are held by a court to interfere with the use or enjoyment of a particular structure or parcel of land to such an extent or to be so onerous in their application t…
Neb. Rev. Stat. § 3-330 Violation; penalty; injunctions.
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Each violation of the Airport Zoning Act or of any regulations, orders, or rulings promulgated or made pursuant to the act shall constitute a Class IV misdemeanor. Each day a violation continues to exist shall constitute a separate offense. In addition, the political subdivision …
Neb. Rev. Stat. § 3-331 Acquisition of property interest; purchase; grant; condemnation; procedure.
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In any case in which (1) it is desired to remove, lower, or otherwise terminate a nonconforming structure or use, (2) the approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations under the Airport Zoning Act, or (3) it…
Neb. Rev. Stat. § 3-332 Division of Aeronautics; municipalities and political subdivisions; assist in planning and developing.
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The Division of Aeronautics of the Department of Transportation may aid and assist municipalities and other political subdivisions of the state in planning, developing, and carrying out programs for airport zoning in order to secure uniformity therein as far as possible.
Neb. Rev. Stat. § 3-333 Act, how cited.
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Sections 3-301 to 3-333 shall be known and may be cited as the Airport Zoning Act.
Neb. Rev. Stat. § 3-401 Obstructions to air navigation; regulation; purpose.
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There is hereby recognized, declared, and found (1) to exist, in behalf of the citizens of the United States, a public right of freedom of transit in air commerce through the air space of the State of Nebraska, (2) that any obstruction to air navigation (a) interferes with the pu…
Neb. Rev. Stat. § 3-402 Terms, defined.
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As used in sections 3-401 to 3-409, unless the context otherwise requires: (1) Meteorological evaluation tower means an anchored structure, including all guy wires and accessory facilities, on which one or more meteorological instruments are mounted for the purpose of meteorologi…
Neb. Rev. Stat. § 3-403 Structures; erection, maintenance in excess of one hundred fifty feet; permit required.
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It shall be unlawful for any person, firm, or corporation, without having first applied for and obtained a permit in writing from the Division of Aeronautics of the Department of Transportation, to build, erect, or maintain any structure within the State of Nebraska, the height o…