Housing (Building Codes)

This legislative resolution directs Nebraska's Urban Affairs Committee to conduct an interim study on residential building codes and land development regulations to identify which rules may increase costs for affordable and workforce housing. The study will examine existing code exceptions, evaluate unnecessary requirements, analyze cost-to-benefit ratios, and explore how local and state regulations impact construction prices. The committee will consult with housing industry stakeholders and report its findings and recommendations to the Legislature. This measure focuses on gathering information rather than implementing immediate policy changes.

LB 1094 adopts two key laws to streamline housing development in Nebraska. It requires local governments to automatically approve most housing projects (including single-family homes, accessory units, and apartment buildings) that meet existing zoning rules, eliminating discretionary reviews by planning commissions. The bill also mandates that permit decisions be made within 75 days, with automatic approval if delayed, and requires clear written reasons for denials. This directly affects developers, homeowners seeking to build accessory units, and local permitting authorities, while excluding restrictions from homeowners' associations. The law includes a court appeal process for denied permits, requiring strict review of permit authority decisions.

LB 1134 establishes Nebraska's baseline building, electrical, and energy codes by adopting specific editions of international codes (like the 2018 International Building Code) as the state standard. It limits local governments from creating stricter codes than the state version, prohibiting updates to local codes that exceed the state code's requirements until 2031. The bill requires local governments to provide independent third-party evidence verifying that any code change is necessary for public safety or compliance with state/federal law, rather than for cost reduction. This directly affects counties, cities, and villages that enforce building codes, as well as construction businesses and property owners subject to these regulations.

LB 458 introduces two key acts to streamline development and housing. The Permitting Approval Timeliness Act requires local governments to decide on building permit applications within 60 days, automatically granting permits if they miss the deadline. The By-Right Housing Development Act allows duplexes, single-family homes, multifamily units, and accessory dwelling units to be built without discretionary approval from local zoning boards if they meet existing zoning rules. This directly affects homeowners, developers, and municipalities by reducing approval delays and expanding housing options.

LB 531 exempts certain affordable housing projects from requiring compliance with the 2018 International Energy Conservation Code. Specifically, it prohibits the Department of Economic Development from mandating that new construction or rental conversion projects receiving funding from the Affordable Housing Trust Fund meet the energy efficiency standards in the code. The bill amends existing law to clarify this exception while maintaining the code's requirement for all other state-funded buildings. It does not change energy standards for non-affordable housing projects or other state construction.