Chapter 31 — DRAINAGE
492 sections in this chapter.
Neb. Rev. Stat. § 31-1001 Legislative findings; purpose of sections.
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(1) The Legislature finds that recurrent flooding in various areas of the state presents serious hazards to the health, safety, welfare, and property of the people of the state, both within and outside such areas. The hazards include loss of life, loss of and damage to private an…
Neb. Rev. Stat. § 31-1002 Definitions, where found.
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For purposes of sections 31-1001 to 31-1023, unless the context otherwise requires, the definitions in sections 31-1003 to 31-1016 shall apply.
Neb. Rev. Stat. § 31-1003 Department, defined.
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Department shall mean the Department of Water, Energy, and Environment.
Repealed. Laws 1993, LB 626, § 8.
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[Repealed or reserved.]
Neb. Rev. Stat. § 31-1005 Base flood, defined.
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Base flood shall mean the flood having a one percent chance of being equalled or exceeded in magnitude in any given year.
Neb. Rev. Stat. § 31-1006 Drainway, defined.
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Drainway shall mean any depression two feet or more below the land which serves to give direction to a current of water less than nine months of the year, and which has a bed and well-defined banks.
Neb. Rev. Stat. § 31-1007 Flood, defined.
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Flood shall mean the water of any watercourse or drainway which is above the bank or outside the channel and banks of such watercourse or drainway.
Neb. Rev. Stat. § 31-1008 Floodway, defined.
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Floodway shall mean the channel of a watercourse or drainway and the adjacent land areas that are necessary to be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a reasonable height, as designated by the departme…
Neb. Rev. Stat. § 31-1009 Flood fringe, defined.
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Flood fringe shall mean that portion of the flood plain of the base flood which is outside of the floodway.
Neb. Rev. Stat. § 31-101 Ditches; drains; watercourses; county board; powers.
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The county board of any county may, at any regular or special session, cause to be located and constructed, straightened, widened, altered, or deepened, any ditch, drain or watercourse, as hereinafter provided, when the same is necessary to drain any lots, lands, public or corpor…
Neb. Rev. Stat. § 31-101.01 Drainage ditches and improvements; construction under prior law; treatment.
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After June 30, 1972, no drainage ditches or other improvements shall be initiated under the provisions of sections 31-101 to 31-134. All drainage ditches or other improvements which have been approved as provided for by section 31-107 before July 1, 1972, shall not be affected by…
Neb. Rev. Stat. § 31-1010 Flood plain, defined.
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Flood plain shall mean the area adjoining a watercourse or drainway which has been or may be covered by flood waters.
Neb. Rev. Stat. § 31-1011 Flood plain management, defined.
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Flood plain management shall mean the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to, flood control works and flood plain management regulations.
Neb. Rev. Stat. § 31-1012 Flood plain management regulations, defined.
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Flood plain management regulations shall mean and include zoning ordinances, subdivision regulations, building codes, and other applications of the police power which are authorized by law to secure safety from floods and provide for the reasonable and prudent use of flood plains…
Neb. Rev. Stat. § 31-1013 Local government, defined.
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Local government shall mean a county, city, or village in the state.
Neb. Rev. Stat. § 31-1014 National flood insurance program, defined.
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National flood insurance program shall mean the program authorized by the United States Congress under the National Flood Insurance Act of 1968, as amended, 42 U.S.C., 4001 to 4128.
Neb. Rev. Stat. § 31-1015 Obstruction, defined.
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Obstruction shall mean any wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, or other analogous structure or matter which may impede, retard, or change …
Neb. Rev. Stat. § 31-1016 Watercourse, defined.
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Watercourse shall mean any depression two feet or more below the surrounding land which serves to give direction to a current of water at least nine months of the year and which has a bed and well-defined banks.
Neb. Rev. Stat. § 31-1017 Department; flood plain management; powers and duties.
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The department shall be the official state agency for all matters pertaining to flood plain management. In carrying out that function, the department shall have the power and authority to: (1) Coordinate flood plain management activities of local, state, and federal agencies; (2)…
Neb. Rev. Stat. § 31-1018 Preparation of flood hazard data and maps; department; duties; considerations.
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In determining areas of the state for which state-prepared flood hazard data and maps are needed by local governments or by state or federal agencies and the order in which such data and maps are to be prepared, the department shall consider the following factors in such areas: (…
Neb. Rev. Stat. § 31-1019 Local government; flood plain management; duties.
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When the department, a federal agency, or any other entity has provided a local government with sufficient data and maps with which to reasonably locate within its zoning jurisdiction any portion of the flood plain for the base flood of any watercourse or drainway, it shall be th…
Neb. Rev. Stat. § 31-102 Ditch, defined; petition, how construed; requirements.
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The word ditch, as used in sections 31-101 to 31-138, shall be held to include a drain or watercourse. The petition for any such improvement shall be held to include any side lateral, spur or branch ditch, drain or watercourse necessary to secure the object of the improvement, wh…
Neb. Rev. Stat. § 31-1020 Local government; failure to implement flood plain management regulations; department; powers and duties.
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If a local government does not adopt and implement flood plain management regulations in accordance with section 31-1019 within one year after flood hazard data and maps have been provided to it pursuant to such section, the department shall, upon petition of at least ten percent…
Neb. Rev. Stat. § 31-1021 Local government; enforce department regulations.
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It shall be the duty of the local government to administer and enforce any regulations adopted by the department pursuant to section 31-1020 in the same manner as if the local government had enacted such regulations. Such duty may be enforced in a mandamus action brought against …
Neb. Rev. Stat. § 31-1022 Adoption of regulations; notice; hearing; appeal.
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Notice of any hearing to be conducted by the department pursuant to section 31-1020 shall be given to the clerk of the local government and to such other local officials as the department deems appropriate, at least thirty days prior to the hearing. Notice shall also be published…
Neb. Rev. Stat. § 31-1023 State agencies, boards, and commissions; flood plain management duties.
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(1) All state agencies, boards, and commissions shall take preventive action to minimize flood hazards and losses in connection with state-owned and state-financed buildings, roads, and other facilities, and shall take such steps as are necessary to insure compliance with the min…
Repealed. Laws 1993, LB 626, § 8.
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[Repealed or reserved.]
Repealed. Laws 1993, LB 626, § 8.
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[Repealed or reserved.]
Repealed. Laws 1993, LB 626, § 8.
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[Repealed or reserved.]
Repealed. Laws 1993, LB 626, § 8.
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[Repealed or reserved.]
Repealed. Laws 1993, LB 626, § 8.
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[Repealed or reserved.]
Repealed. Laws 1993, LB 626, § 8.
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[Repealed or reserved.]
Neb. Rev. Stat. § 31-103 Drainage improvements; costs and expenses; apportioned to county or railroad; when.
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When the proposed improvement will drain the whole, or any part of any public or corporate road or railroad, or will so benefit any such road that the traveled track or roadbed thereof will be improved by its construction, there shall be apportioned to the county, if the road is …
Repealed. Laws 1993, LB 626, § 8.
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[Repealed or reserved.]
Repealed. Laws 1993, LB 626, § 8.
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[Repealed or reserved.]
Neb. Rev. Stat. § 31-104 Drainage improvements; petition for construction.
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A petition for any such improvements shall be made to the county board, signed by one or more owners of lots and lands which shall be benefited thereby, which petition shall be filed with the county clerk, shall set forth the necessity of the proposed improvement and describe the…
Neb. Rev. Stat. § 31-105 Drainage improvements; survey; approval of county board.
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The county clerk shall deliver a copy of the petition to the county board at its next meeting, which shall thereupon take to its assistance a competent surveyor or engineer, if in the opinion of the board his services are necessary, and at once proceed to view the line of the pro…
Neb. Rev. Stat. § 31-106 Drainage improvements; change of proposed route; power of county board.
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If the county board, upon actual view, shall find that the route proposed is not such as to best effect the object sought, it shall change the same and establish the route and determine the dimensions of the proposed improvements; Provided, any change so made shall not in any cas…
Neb. Rev. Stat. § 31-107 Drainage improvements; survey; plat; estimate of work required.
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If the county board shall find for the improvement, it shall cause to be entered on its journal an order directing the county surveyor, or an engineer, to go upon the line described in the petition, or as changed by the board in accordance with section 31-106; to survey and level…
Neb. Rev. Stat. § 31-108 Drainage improvements; plat; profile; requisites; surveyor's report.
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The plat provided for in section 31-107 shall be drawn upon a scale sufficiently large to represent all the meanderings of the proposed improvement, and shall show the boundary lines of each lot or tract of land, and of each road or railroad to be benefited thereby, the name of t…
Neb. Rev. Stat. § 31-109 Drainage improvements; schedule of land benefited; apportionment; estimate of cost of construction; specifications.
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The county board shall also by its order direct the surveyor or engineer to make and return a schedule of all lots, lands, public or corporate roads, or railroads that will be benefited by the proposed improvement, whether the same are abutting upon the line of the proposed impro…
Neb. Rev. Stat. § 31-110 Drainage improvements; hearing; notice.
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Upon the filing of the report of the surveyor or engineer, the county clerk shall, without delay, fix a day for the hearing of the same, which shall not be more than forty days from the time of the filing of the report, and shall prepare a notice in writing, directed to the resid…
Neb. Rev. Stat. § 31-111 Drainage improvements; hearing; procedure; order.
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The county board shall meet at the office of the county clerk on the day fixed for the hearing, and shall first determine whether the requisite notice has been given. If it finds that due notice has not been given, it shall continue the hearing to a day to be fixed by the board, …
Neb. Rev. Stat. § 31-112 Drainage improvements; compensation and damages for land taken or affected; application; when made.
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At any time before the day set for hearing, after persons are notified as provided in section 31-110, any person or corporation whose lands are taken or affected in any way by the improvement may make application to the commissioners in writing for compensation and damages, and a…
Neb. Rev. Stat. § 31-113 Drainage improvements; allowance of compensation and assessment of damages; when and how made.
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The county board on actual view of the premises shall fix and allow such compensation for land appropriated and assess such damages as will in its judgment accrue from the construction of the improvement to each person or corporation making application as provided by section 31-1…
Neb. Rev. Stat. § 31-114 Drainage improvements; objections to apportionment, compensation, damages; when made; exceptions; hearing; costs.
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A person or corporation party to the proceedings may file exceptions to the apportionment, or to any claim for compensation or damages at any time before the time set for the final hearing of the report and apportionment. The county board may hear testimony and examine witnesses …
Neb. Rev. Stat. § 31-115 Drainage improvements; appeal from order of county board; grounds; procedure.
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Any person or corporation feeling aggrieved thereby may appeal to the district court within and for the proper county, from any final order or judgment of the board made in the proceedings and entered upon its journal determining any one of the following matters: (1) Whether the …
Neb. Rev. Stat. § 31-116 Drainage improvements; appeal; effect upon progress of work; bond.
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No appeal taken in pursuance of the provisions of section 31-115 shall in any manner affect the progress of the construction of the proposed improvement; Provided, the petitioners shall enter into a good and sufficient bond to be approved by the district court or by the judge the…
Neb. Rev. Stat. § 31-117 Drainage improvements; appeal; transcript; certification to county board.
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The clerk of the district court, immediately after the close of the term at which the appeal is tried, as provided for in section 31-116, shall certify to the county board a full and complete transcript of the proceedings had upon such appeal in the district court, and the commis…
Neb. Rev. Stat. § 31-118 Drainage improvements; advertisement for bids; awarding contract; conditions.
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(1) Immediately after the transcript mentioned in section 31-117 is returned to the county clerk, immediately upon the filing of the bond mentioned in section 31-116, or, in case there is no appeal as hereinbefore provided, immediately after the hearing of the report mentioned in…