Nebraska bill would set deadlines for property permit decisions

Housing plans that meet local zoning and land-use rules would receive approval without discretionary review. This would cover single-family homes, accessory dwelling units, and multifamily housing. The development must meet applicable zoning codes and land-use rules. The bill says it would not limit restrictive covenants or rules set by condominium or homeowners’ associations.

Permitting authorities would have to decide complete property permit applications within 75 days or the permits would be granted automatically. This would apply to permits required to develop real property or make improvements to it. The application must be complete for the 75-day deadline to apply. The 75-day period would begin when a complete application is submitted.

Applicants could challenge permit decisions in district court, where a successful appeal could lead to approval and an award of legal costs. These rules would cover housing permit denials and other permit decisions, including approvals with conditions. The court would review whether the authority acted within its power, followed a fair process, and abused its discretion. For housing permit denials, the court could send the case back or direct the authority to grant the permit. For other permit decisions, only the applicant could appeal; if the court overturned a denial or rejected approval conditions, it would direct the authority to grant the permit. Successful applicants would receive attorney’s fees and expenses. Under the other-permit rules, people other than the applicant could not appeal.