Nebraska Considers State Zoning to Increase Housing Density

The bills would require cities to adopt zoning regulations to allow duplexes and ADUs.

2 minute read

February 1, 2024, 10:00 AM PST

By Mary Hammon @marykhammon


Nebraska capitol building against a blue sky

Randy Runtsch / Adobe Stock

Nebraska lawmakers are considering state zoning for duplexes and accessory dwelling units as a solution for the state’s housing challenges, reports Unicameral Update, a daily news source produced by the state legislature’s information office. “On January 30, the legislature’s Urban Affairs Committee heard testimony on two measures intended to increase housing density in Nebraska cities,” the article states.

The proposed legislation would help address the need for an estimated 200,000 housing units to meet demand by ensuring local zoning regulations do not limit the types of housing that can be built, according to the bills’ sponsor, Nebraska State Sen. John Lowe.

Under LB1165, duplex housing would be allowed as a permitted use on a lot where a single-family residence is a permitted use in metropolitan, primary, and first class cities. It would also prohibit zoning regulations that apply to duplexes from being more restrictive than regulations that apply to single-family residences.

Under LB1166, municipalities would be required to adopt zoning regulations that allow at least one accessory dwelling unit on a lot or parcel that contains a single-family residence. It also stipulates that ADUs be allowed by right — meaning they can be approved without a public hearing or conditional use permit — and prohibits other actions like parking requirements, aesthetic requirements, or impact fees that could discourage the development of ADUs.

Representatives from developers, homebuilder associations, chambers of commerce, and AARP Nebraska testified in support of the bill. Opponents of the proposal said cities with populations of more than 20,000 are already working to address housing issues and that by preempting local control, the proposed state mandates would be both unworkable in some neighborhoods and disenfranchising.

Instead, Wayne Mortensen of NeighborWorks Lincoln proposed, “the state could create sample design and zoning guidelines that cities could adopt, allow cities to exempt certain neighborhoods from the proposed requirements or incentivize them to adopt zoning changes by tying them to state funding.”

Todd Stubbendieck of AARP Nebraska, a proponent of the bills, expressed concern in his testimony that “a piecemeal approach to housing zoning reform, specifically regarding ADUs, will simply take too long and leave too many communities behind.”

Wednesday, January 31, 2024 in Unicameral Update

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Cover CM Credits, Earn Certificates, Push Your Career Forward

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

June 11, 2025 - Diana Ionescu

Metrorail train pulling into newly opened subterranean station in Washington, D.C. with crowd on platform taking photos.

Congressman Proposes Bill to Rename DC Metro “Trump Train”

The Make Autorail Great Again Act would withhold federal funding to the system until the Washington Metropolitan Area Transit Authority (WMATA), rebrands as the Washington Metropolitan Authority for Greater Access (WMAGA).

June 2, 2025 - The Hill

Large crowd on street in San Francisco, California during Oktoberfest festival.

The Simple Legislative Tool Transforming Vacant Downtowns

In California, Michigan and Georgia, an easy win is bringing dollars — and delight — back to city centers.

June 2, 2025 - Robbie Silver

Color-coded map of labor & delivery departments and losses in United States.

The States Losing Rural Delivery Rooms at an Alarming Pace

In some states, as few as 9% of rural hospitals still deliver babies. As a result, rising pre-term births, no adequate pre-term care and harrowing close calls are a growing reality.

6 hours ago - Maine Morning Star

Street scene in Kathmandu, Nepal with yellow minibuses and other traffic.

The Small South Asian Republic Going all in on EVs

Thanks to one simple policy change less than five years ago, 65% of new cars in this Himalayan country are now electric.

June 15 - Fast Company

Bike lane in Washington D.C. protected by low concrete barriers.

DC Backpedals on Bike Lane Protection, Swaps Barriers for Paint

Citing aesthetic concerns, the city is removing the concrete barriers and flexposts that once separated Arizona Avenue cyclists from motor vehicles.

June 15 - The Washington Post