Annexations

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 County-City 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 streaming live on the City's website at www.lincoln.ne.gov.

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. 

Annexation is a necessary and vitally important part of the future growth and health of Lincoln. The City of Lincoln has been successful with urban development occurring within its city limits. The City routinely annexes land at the request of a developer or landowner as part of the regular development process. This allows properties to be supplied with City services when they are needed, and the City benefits from the property taxes, utilities, and other fees that City residents pay.

Some properties along the City’s edge may not be interested in further development and thus will not request annexation. It makes sense for the City to initiate annexation of adjacent properties that are already developed and require a minimal public investment to serve.

Reasons for City-initiated annexation include:

• Equity for taxpayers. Properties on the urban edge already benefit from many City services, such as streets, parks, trails, libraries, and snow removal on adjacent streets, without paying City taxes and fees. Annexation balances the provision of appropriate and reliable services with the “fair share” payment for those services.
• Clarity of service areas for maintenance and emergency response.
• Allow for continued growth of Lincoln in an efficient and orderly fashion.

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 annexation 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 that are the responsibility of property owners.

Learn more about the City’s annexation policy in the Lincoln-Lancaster County 2050 Comprehensive Plan.

Typically the property tax levy is greater after annexation due to the addition of the City of Lincoln levy. After annexation the property would not have to pay the property tax of a rural fire district. If a property is not currently in the Lincoln Public School District (LPS), upon annexation it would transfer to LPS. Property owners would no longer pay the general levy of the school district that they are currently in, but would now pay the LPS general levy. However, according to state statutes, any property that was in a school district at the time of a bond election must continue to pay on that district's bond until it is retired, even after property transfers to another district.

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.

Vehicle owners will be required to pay the City’s wheel tax at time of registration or renewal. The current wheel tax for a typical passenger vehicle is $74. The tax is used to fund snow removal, street construction and rehabilitation.

Also, for any properties that tie into the City's water or waste water system, there are impact fees payable at time of connection.

According to City Ordinance, "Sewage from any building or premises shall be discharged directly into the community sewerage system when the system is available and within 300 feet from the building or premises measured along a street, alley, or easement to the encasement of the sewer system." (Section 24.38.080 (a)) The system must be properly abandoned within six months per Section 24.38.080 (c). If the city sewer system is more than 300 feet away or is not available, the homeowner may retain the septic system.

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.

Water/Wastewater Utility Impact Fees will be assessed upon connection to city sewer. More information about impact fees can be found on the Right of Way Services Impact Fees website.

Yes. Wells are allowed inside the city limits as long as the owner pays the fee for and obtains an annual permit from the Lincoln/Lancaster County Health Department. The well must meet city standards for construction and not be contaminated. In addition, if the premises 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.

Water/Wastewater Utility Impact Fees will be assessed upon connection to city water. More information about impact fees can be found on the Right of Way Services Impact Fees website.

Annexed areas will be served by Lincoln Fire and Rescue (LFR), which has a faster response time than rural volunteer fire and ambulance services. LFR has trucks that can carry a limited amount of water, so in areas without hydrants LFR would provide first response with support from rural tender trucks carrying additional water.

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.

Areas that do not have street lights are not required to install them upon annexation. Ornamental street lights can be done by an assessment district process that requires a majority of the affected owners to sign the requesting petition. The City Council then holds a public hearing on the proposed assessment district and would have to approve it before the ornamental lights could be constructed.

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.

The City of Lincoln's ability to annex property comes from state authorization. The following is a general summary of annexation law in regards to the City of Lincoln:

• the City may at any time annex "contiguous or adjacent" lands,
• according to State statutes "land shall be deemed contiguous although a stream, embankment, strip or parcel of land, not more than 500 feet wide, lies between such land and the corporate limits,
• the Nebraska Supreme Court has voided "strip, corridor or flag" annexations in which the land is adjacent by only a narrow strip or neck of land,
• the City automatically annexes adjacent property upon subdivision if it is in the future urban area and must annex adjacent county roads during an annexation.

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.

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 cannot 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:

1. There is no ordinance relating to controlling the height of weeds and worthless vegetation in the County but there is in the City.
2. In the City the landowner is responsible for controlling the height of weeds and worthless vegetation on their property and also on abutting streets and alleys.

More information on weed abatement is available on-line or by contacting Weed Control Authority at 402-441-7817.

After annexation, the property automatically becomes part of the LPS district. Students would then be eligible to start attending LPS schools. However, students can also apply under enrollment option laws to remain at their present school. Parents need to fill out the application paperwork to option their student out of LPS with the LPS Student Services Office. Applications for existing students are very likely to be approved. There is no cost to the family to fill out the paperwork, nor is there any tuition cost to the family to option out.

For additional information on option enrollment or other questions about enrollment, please contact LPS Student Services at 402-436-1650.

You should contact your current school district to see if they will maintain service.

After annexation, vehicle owners will pay the City of Lincoln wheel tax on each vehicle at the time of registration. The wheel tax varies depending on the type of vehicle. As of September 1, 2013 it is currently $74 per passenger vehicle (nine passengers or less, not for hire). For a listing of vehicle types & fees, see Lincoln Municipal Code section 3.20.320. The wheel tax is used to fund snow removal, street construction and rehabilitation in the city.

The motor vehicle tax will not change for the vehicle owner. The only thing that changes is the way the tax is split between the County, school district and City. Prior to annexation, the City doesn't receive any portion of the motor vehicle tax paid. After annexation, the County receives less of the tax and the City will now receive a portion. But the amount paid by the vehicle owner doesn't change due to annexation.

Yes. There are various programs to help with emergency home repairs, first time home buyers and home improvement loans; however, only property inside the city limits is eligible to apply. There are various programs and income restrictions, so please contact the City of Lincoln Urban Development Department at 402-441-7864 for further information.

For further information on these specific topics, please call:

• Septic Systems and Wells: Health Dept, (402) 441-8040
• Streets, Sidewalks, City Sewer and Water: Lincoln Transportation and Utilities, 402-441-7595
• General Information on Annexation and Process: Planning Dept, 402-441-7491
• Horses, Dogs, Cats and Other Animals: Animal Control, 402-441-7900