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

Get top-rated, practical training

Close-up of "Apartment for rent" sign in red text on black background in front of blurred building

Trump Administration Could Effectively End Housing Voucher Program

Federal officials are eyeing major cuts to the Section 8 program that helps millions of low-income households pay rent.

April 21, 2025 - Housing Wire

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.

April 30, 2025 - Diana Ionescu

Close-up on Canadian flag with Canada Parliament building blurred in background.

Canada vs. Kamala: Whose Liberal Housing Platform Comes Out on Top?

As Canada votes for a new Prime Minister, what can America learn from the leading liberal candidate of its neighbor to the north?

April 28, 2025 - Benjamin Schneider

Bluebird sitting on branch of green bush.

Wildlife Rebounds After the Eaton Fire

Following the devastation of the Eaton Fire, the return of wildlife and the regrowth of native plants are offering powerful signs of resilience and renewal.

47 seconds ago - AP News

1984 Olympics

LA to Replace Inglewood Light Rail Project With Bus Shuttles

LA Metro says the change is in response to community engagement and that the new design will be ready before the 2028 Olympic Games.

49 minutes ago - Newsweek

Close-up on woman in white and blue striped knee-length dress standing next to mint green cruiser bike resting against low wrought iron fence in front of green lawn.

Paris Voters Approve More Car-Free Streets

Paris Mayor Anne Hidalgo says the city will develop a plan to close 500 streets to car traffic and add new bike and pedestrian infrastructure after a referendum on the proposal passed with 66 percent of the vote.

2 hours ago - domus

Urban Design for Planners 1: Software Tools

This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.

Planning for Universal Design

Learn the tools for implementing Universal Design in planning regulations.