City of Lincoln
Planning
Common Questions about Annexation
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City of Lincoln Planning Common Questions about Annexation | |
Below are some answers to common questions we have received in the past about annexation of residential areas. The circumstances of each potential annexation may vary greatly, so these answers may or may not be applicable in each case. At the end of this page is a list of contacts and phone numbers if you have any further questions.
Once an annexation is proposed and the property owners are notified, the Planning Department then prepares a report and recommendation to the Planning Commission for their review and consideration. The staff report is available to the public one week before the hearing after 3:00 p.m. The Planning Commission then holds a public hearing. The Planning Commission is a nine-member, citizen board that will make a recommendation to the City Council on whether the annexation should be approved or denied.
The Planning Commission meets every other Wednesday at 1:00 p.m. in City Council-County Board Chamber on the first floor of the new City-County Building at 555 South 10th Street. The meeting is open to the public and anyone may testify before the Planning Commission or send a letter to the Commission in advance. The meeting will also be broadcast live on public access cable channel 5.
Once the Planning Commission makes its recommendation, an additional public hearing will be held by the City Council, approximately 19 days after the Planning Commission takes action.
The current Comprehensive Plan provides guidance on the issue of annexation. On page 154 of the 2030 Comprehensive Plan it states the following:
"Annexation policy is a potentially powerful means for achieving many of the goals embodied in the Plan's Vision. Annexation is a necessary and vitally important part of the future growth and health of Lincoln. The annexation policies of the City of Lincoln include but are not limited to the following:
The provision of municipal services shall coincide with the jurisdictional boundaries of the City in short, it is not the intent of the City of Lincoln to extend utility services (most notably, but not necessarily limited to, water and sanitary water services) beyond the corporate limits of the City.
The extension of water and sanitary sewer services shall be predicated upon annexation of the area by the City. City annexation shall occur before any property is provided with water, sanitary sewer, or other potential City services.
To demonstrate the City's commitment to the urbanization of land in Tier I Priority A, the City should promptly annex land in Priority A which is contiguous to the City and generally urban in character, as well as land which is engulfed by the City. Land which is remote or otherwise removed from the limits of the City of Lincoln will not be annexed. Annually, the City should review for potential annexation all property in Priority A in which basic infrastructure is generally available or planned for in the near term.
Annexation generally implies the opportunity to access all City services. Voluntary annexation agreements may limit or otherwise outline the phasing, timing or installation of utility services (e.g., water, sanitary sewer), and may include specific or general plans for the private financing of improvements to the infrastructure supporting or contributing to the land uses in the annexed area. The annexation of large projects may be done in phases as development proceeds.
The character of existing residential areas should be respected as much as possible during the annexation process. When low density "acreage" areas are proposed for annexation due to the City's policy, additional steps should be taken to ease the transition as much as possible, such as public meetings, advance notice and written explanation of changes as a result of annexation. In general, many aspects of acreage life may remain unchanged, such as zoning or covenants. However, any annexation of existing residential areas will include some costs which must be the responsibility of property owners.
Annexation to facilitate the installation of improvements and/or possible assessment districts is appropriate if it is consistent with the annexation policies of the Plan listed above. Plans for the provision of services within the areas considered for annexation shall be carefully coordinated with the Capital Improvements Program of the City and the County.
Each town in Lancaster County will have their own procedures for annexation."
The Comprehensive Plan is the City's guide for decisions regarding both development and annexation. The 2030 Lincoln/Lancaster County Comprehensive Plan contains both guidelines on annexation and a phasing plan for development. The city has adopted "Urban Growth Tiers with Priority Areas," a figure of which is shown on page 21 of the 2025 Comprehensive Plan. Typically the City is considering areas in the first growth tier (Tier I) and identified as Priority A for annexation.
Tier I reflects the "Future Service Limit," where urban services and inclusion in the city limits are anticipated by 2030. The City has adopted Tier II as the area delineated for further urban growth, as infrastructure planning often requires a 50 year or more timeline of planning for water and sanitary sewer services. Tier III reflects adjacent future urban growth even further into the distance, both in time and geography.
Since 1998, the City of Lincoln and Lincoln Public Schools have had an agreement that provides that any area annexed by the City of Lincoln would not have to pay for LPS school bonds approved prior to annexation while it is still paying for the school bond of another school district. All property annexed will be subject to all future bonded indebtedness of LPS that are approved after the date of annexation. This agreement expired in March 2008, but City staff are working to have this agreement renewed prior the proposed annexations.
According to the Lancaster County Assessor/Register of Deeds Office, there will be an estimated 8 to 14 percent increase in the property tax rates for the areas annexed. Property at 27th and Rokeby Road may see an increase of 20 percent with about a 33 percent increase for land near 40th & Yankee Hill Road. These estimate were performed in August 2008 using the current 2007 property tax rates. These estimates do not yet reflect any adjustment to add the current school bonds and deduct the past LPS bonds. The rates could be up to 5 percent or more higher after this adjustment, depending on the school district. Tax rates in Fall of 2009 may be different than current rates which would also effect the calculation. Contact the County Assessor's Office at 441-7463 for additional questions or information.
In addition, vehicles owners will be required to pay the City's wheel tax and motor vehicle property tax at time of registration or renewal. Also, for any properties that tie into the City's water or waste water system, there are impact fees payable at time of connection.
Any property owner within an area could request the City create a sanitary sewer assessment district for the purpose of having a sanitary sewer line constructed. However, this assessment district would have to first be approved by the City Council after a public hearing. The City Council could then approve or deny the assessment district. If a district is approved, the city constructs the sewer line and abutting property owners pay the assessment over a twenty-year period.
Yes. Wells are allowed inside the city limits as long as the owner pays the fee for and obtains a biennial permit from the Lincoln/Lancaster County Health Department. The well must meet city standards for construction and not be contaminated. In addition, if the premise is also supplied with city water an approved backflow device must be installed on the service line supplying city water and must have an annual backflow inspection performed by a grade 6 water operator registered with the Lincoln Water System. Costs for this inspection must be paid for by the property owner.
Even if a city water main is available and adjacent to the property, the homeowner is not required to connect to the city water service. If a property owner chooses to hook up to city water, they could maintain their well for purposes of watering their lawn, etc., but it still would be subject to permit and fee requirements and must meet city standards.
Any property owner within the area could request the City create a water line assessment district for the purpose of having a water line constructed within the area. However, this assessment district would have to be first approved by the City Council after a public hearing. The City Council could then approve or deny the assessment district. If a district is approved, the city constructs the water line and abutting property owners pay the assessment over a twenty-year period.
Currently, properties outside of the city limits are served by a rural fire district. After annexation, the city fire department would handle all emergency and fire calls to the area. Since the fire department has a quicker response time in most cases, often there can be a benefit to residents in emergencies and a savings to the property owner on home owners insurance.
In the past, the City Fire Department has found that there were three options for providing fire protection to low density residential areas, that currently don't have city water mains in place:
| Option 1 | Work with a rural fire district to provide tanker water in the event of a fire. The Fire Dept. stated that this option provides a lesser level of service than city standards and does not provide a long term solution for this area if it is within the city limits. |
| Option 2 | The City could purchase a tanker truck to bring water to the site. This type of truck could cost $60,000 to $120,000. If it is needed in just one area, it could be housed out of a nearby station. However, the City currently does not have a facility capable of housing or staffing a water tanker. If annexation sites were spread throughout Lincoln, then multiple trucks might be needed. |
| Option 3 | Install water lines and fire hydrants by assessment district. Property owners would be assessed the cost to build the water improvements and would pay the assessment over a 15 year period. This provides both water service and city standard fire protection to all residents. The Lincoln Fire Department typically recommends this option. |
Once public streets are annexed, the City is responsible for minimum maintenance of the streets. The City will pay for graveling unpaved streets. The City is responsible for snow removal.
Annexation does not require that the streets be brought up to city standard paving with curb and gutter. The city has numerous miles of streets that have been inside the city limits for decades and remain unpaved. For streets that end in cul-de-sacs or are dead-end streets that receive little traffic, the city has not pursued requiring these streets to be paved.
Annexation does not require the installation of sidewalks or street trees either. The City Council has the authority to order sidewalks constructed on any street. Current City policy is to focus sidewalk assessment districts in areas along school routes, arterial streets and areas of significant pedestrian traffic. Again, for streets that end in cul-de-sacs or dead ends, that receive little pedestrian traffic, the city has not pursued requiring sidewalk construction.
Fowl and small animals, such as rabbits, kept outside require a permit, and dogs and cats require a license from the Animal Control Division of the Health Department. All cats and dogs must be licensed at six months of age and must have current rabies vaccinations. Please contact the Health Department for more information. Title 6. Animals of the Lincoln Municipal contains the regulations regarding animals in the city limits.
Yes, it is. Most properties outside the city limits are much larger in size with most required to have 3 acre lots or 20 acres or more depending on the zoning. A commercial boarding kennel or commercial breeding kennel or obedience training facility or a shelter is required to have a permit from the Bureau of Animal Industry, State Department of Agriculture.
Unless a special permit is obtained, the limit is 3 dogs and 5 cats over six months of age. There is no limit on number of kittens or puppies. Up to 15 cats can be owned with either a hobby kennel or cattery permit (not spayed or neutered) or multi-cat household permit (all spayed or neutered). There is no lot size requirement.
For properties annexed, a commercial dog breeding permit with at least one acre of land may have up to 10 dogs or a multi-dog household permit up to 5 dogs. However, as the dogs are sold, die, or given away, the total must be reduced to 3 dogs (the dogs can not be replaced). The objective is to reduce the number and yet be able to keep the dogs they had when annexed. If any land of the original annexation is sold, then the number of dogs has to be reduced to the 3 maximum.
Both cat permits and dog permits have special requirements that must be met.
Owning one or two large animals, such as a horse, within the city limits requires 1 acre of property per horse. For three or more large animals, 1.5 acres per animal is required. Large animals require a permit from Animal Control. If a property owner is annexed, but can't meet these lot area requirements, the large animals may remain under certain conditions, but may not be replaced. Section 6.04.30 of the Lincoln Municipal contains the regulations regarding large animals in the city limits.
When the City of Lincoln is the applicant proposing annexation, it will be the responsibility of the City to reimburse the RWD, if necessary, for any cost to remove the annexed property from the boundaries of the RWD. However, even if the City has reimbursed the RWD, a property may continue to be served by the RWD until city water mains are extended to the property. The City will not be able to reuse the existing RWD water lines to hook up homes to the city water system.
Yes. The rules and regulations for using and storing propane for residential heating are the same inside the city limits as outside.
Yes, there are significant differences in the rules regarding weeds for property inside the city limits compared to houses just outside the city. The two major differences are:
More information on weed abatement is available on-line or by contacting Russ Shultz at 441-7817.
Annexations