with flood plain management, stream encroachment and flow regulation, weather modi-
fication, fire prevention and control, air quality, public works, land use and land-use
planning, and construction standards, shall make studies of disaster prevention-related
matters. The Governor, from time to time, shall make recommendations to the Legisla-
ture, local governments, and other appropriate public and private entities as may facili-
tate measures for prevention or reduction of the harmful consequences of disasters.
(2) The appropriate state agencies, in conjunction with the state Civil Defense Agency,
shall keep land uses and construction of structures and other facilities under continuing
study and identify areas which are particularly susceptible to severe land shifting, subsid-
ence, flood, or other catastrophic occurrence. The studies under this subsection shall
concentrate on means of reducing or avoiding the dangers caused by any such occurrence
or the consequences thereof.
(3) If the state Civil Defense Agency believes on the basis of the studies or other
competent evidence that an area is susceptible to a disaster of catastrophic proportions
without adequate warning, that existing building standards and land-use controls in that
area are inadequate and could add substantially to the magnitude of the disaster, and that
changes in zoning regulations, other land-use regulations, or building requirements are
essential in order to further the purposes of this section, it shall specify the essential
changes to the Governor. If the Governor upon review of the recommendation finds after
public hearing that the changes are essential, he or she shall so recommend to the agencies
or local governments with jurisdiction over the area and subject matter. If no action or
insufficient action pursuant to his recommendations is taken within the time specified by
the Governor, he shall so inform the Legislature and request legislative action appropriate
to mitigate the impact of disaster.
(4) The Governor, at the same time that he or she makes recommendations pursuant to
subsection (3) of this section, may suspend the standard or control which he finds to be
inadequate to protect the public safety and by regulation place a new standard or control
in effect. The new standard or control shall remain in effect until rejected by resolution of
the Legislature or amended by the Governor. During the time it is in effect, the standard
or control contained in the Governor's regulation shall be administered and given full
effect by all relevant regulatory agencies of the state and local governments to which it
applies. The Governor's action may be appealed, and the appeal shall be in accordance
with the Administrative Procedure Act.
Source: Laws 1973, LB494, sec. 8; Laws 1988, LB352, sec. 168.
Operative date July 1, 1989.
Cross Reference
Administrative Procedure Act, see section 84-920.
81-829.44. State Civil Defense Agency; duties. The state Civil Defense Agency shall
ascertain what means exist for rapid and efficient communications in times of disaster
emergencies. The agency shall consider the desirability of supplementing these communi-
cations resources or of integrating them into a comprehensive state or state-federal tele-
communications or other communications system or network. In studying the character
and feasibility of any system or its several parts, the agency shall evaluate the possibility
of multipurpose use thereof for general state and local governmental purposes. The
agency shall make recommendations with respect there to the Governor as appropriate.
Source: Laws 1973, LB 494, sec. 9.
81-829.45. State Civil Defense Agency; weather condition, continuously apprise;
permits; issue; suspend. The state Civil Defense Agency shall keep continuously ap-
prised of weather conditions which present danger of precipitation or other climatic
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