Chapter 39 — HIGHWAYS AND BRIDGES
1,079 sections in this chapter.
Neb. Rev. Stat. § 39-1812 Hedges and trees; trimming; duties of landowners.
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Each landowner in this state upon whose land there is standing or growing any osage orange, willow or locust hedge fence, trees, or undergrowth, bordering the public roads, when such fence, trees, or undergrowth become a public nuisance to travel on the roads, or obstruct the vie…
Neb. Rev. Stat. § 39-1813 Hedges and trees; failure of landowner to trim; procedure; notice; hearing; order.
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Whenever any landowner or his agent shall neglect to trim such hedge fence, trees, or undergrowth as provided in section 39-1812, it shall be the duty of the person in charge of county road maintenance in the area in which such hedge fence, trees, or undergrowth is located, to re…
Neb. Rev. Stat. § 39-1814 Road over private property; when authorized; fences; auto gates.
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Where it is apparent to the county board that a county or township road causes or would cause unnecessary burdens upon the county or township or upon the landowners adjoining such road, the county board may provide that such road may be fenced by such landowners; Provided, the sa…
Neb. Rev. Stat. § 39-1815 Road over private property; leaving gates open; penalty.
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It shall be unlawful for any person traveling upon a road provided for in section 39-1814 to leave the gates open when he shall have passed through the same. Any person who violates the provisions of this section shall be guilty of a Class III misdemeanor.
Neb. Rev. Stat. § 39-1816 Parking motor vehicles on right-of-way; county board; power to prohibit or restrict; violation; penalty.
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In order to promote safety, power is conferred upon the county board of any county to prohibit or restrict the parking of motor vehicles on the right-of-way of county highways outside the corporate limits of any city or village and to erect and maintain appropriate signs thereon …
Neb. Rev. Stat. § 39-1817 Roads; water impoundment structure; when permitted; liability.
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The county board of any county may, in accordance with sections 39-1817 to 39-1820, enter into an agreement with any agency or political subdivision of the state approving the construction of a water impoundment structure which, when completed, may result in the occasional and te…
Neb. Rev. Stat. § 39-1818 Water impoundment structure; approval; criteria considered.
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A water impoundment structure which will result in temporary storage and flowage of water upon, across, or adjacent to a road upstream from such structure may be approved only if such road would not be inundated because of the storage in such structure of waters from a ten-year, …
Neb. Rev. Stat. § 39-1819 Water impoundment structure; county board; erect warning devices; form; maintenance.
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Whenever any water impoundment structure is approved pursuant to sections 39-1817 to 39-1820, it shall be the responsibility of the county board to erect at both ends of the portion of the road subject to such inundation permanent warning devices providing notice of the potential…
Neb. Rev. Stat. § 39-1820 Existing water impoundment structure; liability; relieved from; when.
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Any liability of the type described in section 39-1817 which might arise because of the operation of a water impoundment structure constructed prior to April 3, 1979, shall be relieved by conformance by the county board with section 39-1819 even if conformance with the provisions…
Neb. Rev. Stat. § 39-1901 Road damages; payment from general fund; barricades by Department of Transportation; payment by department; claimant's petition.
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All damages caused by the laying out, altering, opening, or discontinuing of any county road shall be paid by warrant on the general fund of the county in which such road is located, except that the Department of Transportation shall pay the damages, if any, which a person sustai…
Neb. Rev. Stat. § 39-1902 Road districts; special tax levy; limit; collection; warrants; payment.
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In order to provide for the payment of all outstanding road district warrants and to liquidate indebtedness against road districts, the county board of any county where such indebtedness exists is hereby authorized and empowered to levy a special tax not exceeding three and five-…
Neb. Rev. Stat. § 39-1903 Road districts; annual levies to meet deficiencies; limit.
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In case the levy mentioned in section 39-1902 is not sufficient to pay the entire amount of the indebtedness of the various road districts, the county board in such counties where a deficiency exists shall annually thereafter make other levies for this purpose not exceeding three…
Neb. Rev. Stat. § 39-1904 Road tax; levy; same rate in rural and municipal areas; division between municipalities and counties; authorized expenditures.
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The county board may levy the same rate of county road tax upon the property within cities and villages as is levied upon the property in the county not within cities and villages. One-half of such tax collected within cities or villages, when collected, shall be paid to the citi…
Neb. Rev. Stat. § 39-1905 Road tax; special levy by petition; limit; contributions; district road fund; authorized expenditures.
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Fifty-one percent of the resident freeholders of any road district, precinct, or township in this state, as shown by the records of the register of deeds of the county in which such road district, precinct, or township is situated, may petition the county board of the county in w…
Neb. Rev. Stat. § 39-1906 Road construction or improvement; special levy; limit; bonds.
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Any township or precinct may make a special levy, not exceeding three and five-tenths cents on each one hundred dollars upon the taxable value of all the taxable property in such township or precinct, to improve, to construct, or to aid in the improvement or construction of a roa…
Neb. Rev. Stat. § 39-1907 County roads in township counties; construction or improvement; use of township road fund.
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In counties under township organization, the electors of any township through which a county road passes, at any annual or special meeting, may direct the payment to the county, out of the township road fund, of such sum as may be determined upon and as the condition of such fund…
Neb. Rev. Stat. § 39-1908 Federal-aid secondary highway; in city or village; improvement by county; approval by city or village; conditions; contribution.
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Wherever a federal-aid secondary highway traverses or passes through any city or village, the county board may with the approval of the mayor and council or the chairman and board of trustees of such city or village, grade, pave, curb, gutter or hard-surface such highway lying in…
Repealed. Laws 1963, c. 348, § 6.
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[Repealed or reserved.]
Repealed. Laws 1963, c. 348, § 6.
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[Repealed or reserved.]
Repealed. Laws 1963, c. 348, § 6.
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[Repealed or reserved.]
Repealed. Laws 1963, c. 348, § 6.
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[Repealed or reserved.]
Repealed. Laws 1963, c. 348, § 6.
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[Repealed or reserved.]
Repealed. Laws 1963, c. 348, § 6.
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[Repealed or reserved.]
Neb. Rev. Stat. § 39-2001 Designation of primary and secondary county roads by county board; procedure; determination by Department of Transportation; when; certification; record.
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(1) The county board of each county shall select and designate, from the laid out and platted public roads within the county, certain roads to be known as primary and secondary county roads. Primary county roads shall include (a) direct highways leading to and from rural schools …
Neb. Rev. Stat. § 39-2002 County primary road system; designation by county board; when; redesignation of primary roads; procedure; current map kept on file.
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The county board of each county shall select and designate, within six months from January 1, 1958, the roads which will be county primary roads and which will constitute the county primary road system. Such roads shall be selected from those roads which already have been designa…
Neb. Rev. Stat. § 39-2003 County roads; maintenance at county expense; exception.
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All county roads designated in accordance with sections 39-2001 and 39-2002 shall be maintained at the expense of the county; Provided, that in counties under township organization not operating under the county road unit system, the county board may, by resolution entered on its…
Repealed. Laws 1995, LB 264, § 37.
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[Repealed or reserved.]
Neb. Rev. Stat. § 39-201.01 Terms, defined.
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For purposes of sections 39-202 to 39-226: (1) Highway Beautification Control System means the National System of Interstate and Defense Highways, the system of federal-aid primary roads as they existed on June 1, 1991, any additional highway or road which is designated as a part…
Neb. Rev. Stat. § 39-202 Advertising signs, displays, or devices; visible from highway; prohibited; exceptions; permitted signs enumerated.
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(1) Except as provided in sections 39-202 to 39-205, 39-215, 39-216, and 39-220, the erection or maintenance of any advertising sign, display, or device beyond six hundred sixty feet of the right-of-way of the National System of Interstate and Defense Highways and visible from th…
Neb. Rev. Stat. § 39-203 Advertising sign; compensation upon removal; Department of Transportation; make expenditures; when.
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Just compensation shall be paid upon the removal of any advertising sign, display, or device lawfully erected or in existence prior to May 27, 1975, and not conforming to the provisions of sections 39-202 to 39-205, 39-215, 39-216, and 39-220 except as otherwise authorized by suc…
Neb. Rev. Stat. § 39-204 Informational signs; erection; conform with rules and regulations; minimum service requirements.
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(1) Signs, displays, and devices giving specific information of interest to the traveling public shall be erected by or at the direction of the Department of Transportation and maintained within the right-of-way at appropriate distances from interchanges on the National System of…
Neb. Rev. Stat. § 39-205 Informational signs; business signs; posted by department; costs and fees; disposition; notice of available space.
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(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 w…
Neb. Rev. Stat. § 39-206 Informational signs; erection; conditions; fee.
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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 …
Neb. Rev. Stat. § 39-207 Tourist-oriented directional sign panels; erection and maintenance.
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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…
Neb. Rev. Stat. § 39-208 Sign panels; erection; conditions; fee; disposition.
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(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 …
Neb. Rev. Stat. § 39-209 Sign panels; types; restrictions.
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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…
Neb. Rev. Stat. § 39-210 Sign panels; qualification of activities; minimum requirements; violation; effect.
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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 …
Neb. Rev. Stat. § 39-2101 State highways; functional classification; declaration.
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Recognizing that safe and efficient transportation over public roads is a matter of major importance to all of the people in the state, the Legislature hereby determines and declares that an integrated system of public roads is essential to the general welfare of the State of Neb…
Neb. Rev. Stat. § 39-2102 Functional classification; categories.
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For purposes of functional classification thereof, the public highways, roads, and streets of this state are hereby divided into the two broad categories of rural highways and municipal streets. Rural highways shall consist of all public highways and roads outside the limits of a…
Neb. Rev. Stat. § 39-2103 Rural highways; functional classifications.
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Rural highways are hereby divided into nine functional classifications as follows: (1) Interstate, which shall consist of the federally designated National System of Interstate and Defense Highways; (2) Expressway, which shall consist of a group of highways following major traffi…
Neb. Rev. Stat. § 39-2104 Municipal streets; functional classifications.
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Municipal streets are hereby divided into six functional classifications as follows: (1) Interstate, which shall consist of the federally designated national system of interstate and defense highways; (2) Expressway, which shall consist of two categories: Extensions of rural expr…
Neb. Rev. Stat. § 39-2105 Functional classifications; jurisdictional responsibility.
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Jurisdictional responsibility for the various functional classifications of public highways and streets shall be as follows: (1) The state shall have the responsibility for the design, construction, reconstruction, maintenance, and operation of all roads classified under the cate…
Neb. Rev. Stat. § 39-2106 Board of Public Roads Classifications and Standards; established; members; number; appointment; qualifications; compensation; expenses.
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(1) There is hereby established the Board of Public Roads Classifications and Standards which shall consist of eleven members to be appointed by the Governor with the approval of the Legislature. Any member serving on the Board of Examiners of County Highway and City Street Super…
Neb. Rev. Stat. § 39-2107 Board of Public Roads Classifications and Standards; office space; furniture; equipment; supplies; personnel.
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The Department of Transportation shall furnish the Board of Public Roads Classifications and Standards with necessary office space, furniture, equipment, and supplies as well as necessary professional, technical, and clerical assistance.
Neb. Rev. Stat. § 39-2108 Board of Public Roads Classifications and Standards; meetings; subject to Administrative Procedure Act.
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The Board of Public Roads Classifications and Standards shall meet at such times and places as necessary to carry out its duties under the County Highway and City Street Superintendents Act and sections 39-2101 to 39-2125. The board shall be subject to the Administrative Procedur…
Neb. Rev. Stat. § 39-2109 Board of Public Roads Classifications and Standards; functional classification; criteria; adoption; hearing; duties.
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The Board of Public Roads Classifications and Standards shall develop and adopt the specific criteria for each functional classification set forth in sections 39-2103 and 39-2104, which criteria shall be consistent with the general criteria set forth in those sections. No such cr…
Neb. Rev. Stat. § 39-211 Sign panels; rules and regulations.
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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.
Neb. Rev. Stat. § 39-2110 Functional classification; specific criteria; assignment to highways, roads, streets.
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Following adoption and publication of the specific criteria required by section 39-2109, the Department of Transportation, after consultation with the appropriate local authorities in each instance, shall assign a functional classification to each segment of highway, road, and st…
Neb. Rev. Stat. § 39-2111 Functional classification; assignment; appeal.
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The county or municipality may appeal to the Board of Public Roads Classifications and Standards from any action taken by the Department of Transportation in assigning any functional classification under section 39-2110. Upon the taking of such an appeal, the board shall review a…
Neb. Rev. Stat. § 39-2112 Functional classification; assignment; Department of Transportation; request to reclassify; county board; public hearing; decision; appeal.
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Any county or municipality may, based on changing traffic patterns or volume or a change in jurisdiction, request the Department of Transportation to reclassify any segment of highway, road, or street. Any county that wants to use the minimum maintenance, remote residential, or s…