Research Note: LB106 and the Nebraska livestock siting assessment matrix

Research Note: LB106 and the Nebraska livestock siting assessment matrix

Note: This is the first in a series of Research Notes authored by this year’s Platte Institute Summer Intern, Jakob Myers. Jakob is researching information related to zoning issues involving livestock facilities.

The continued growth of Nebraska’s agricultural sector depends significantly on the development and expansion of livestock operations across the state. These projects typically require county-level approval through the issuance of conditional use or special exception permits to agricultural producers seeking to establish or enlarge livestock facilities. In 2015, the Nebraska Legislature recognized considerable inconsistencies in how the state’s 93 counties handled the permitting process. Variations in local zoning regulations and decision-making by county officials created substantial challenges for both existing and prospective livestock operations. In response, the Legislature passed LB 106, which called for the formation of a citizen advisory committee to assist the Nebraska Department of Agriculture (NDA) in developing a standardized assessment tool for evaluating proposed livestock projects.

This advisory committee, comprising county officials, agricultural producers, and experts from the University of Nebraska, met over several months to design what would become the Livestock Siting Assessment Matrix. Released in July 2016 for voluntary use by counties, the matrix provides a framework for evaluating the environmental planning and potential impact of proposed livestock operations using objective criteria. Available in both Microsoft Excel and PDF formats, the matrix consists of a series of simple “Yes/No” questions, with each answer contributing to a cumulative project score. The first two sections of the matrix assess compliance with Nebraska Department of Environmental Quality (NDEQ) regulations and the setback requirements of the county in which the project is proposed, while the remaining sections assess overall environmental impact. To achieve a passing score, a project must receive at least 75 points.

Although the use of the matrix is not mandatory, the NDA encourages counties to include it as part of the permit application process. When submitted alongside the required documentation, the matrix offers a clear, structured evaluation of a project’s environmental impact – an increasingly important consideration in zoning and permitting decisions.

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