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ROW Record

State record · NE · 2026-09-01 · Statute

Nebraska

Live on this state’s ALPR statute. The occupancy form on file is not a named ALPR highway instrument. A live card is not a permit in hand.

Statute
Open the workbenchThe method
Highway system
Primary
State highway system: a highway is a road or street, including the entire area within the right-of-way, designated a part of the state highway system (Neb. Rev. Stat. § 39-1302(24)). The map adopted 18 Sept 1955 is the system, subject to redesignation by the Department of Transportation with written advice of the State Highway Commission and consent of the Governor (§ 39-1309). Connecting links inside cities are part of the system (§ 39-1302(9)). County roads and municipal streets not so designated are not state highway.
Owner
Primary
Nebraska Department of Transportation (NDOT). “Department” means the Department of Transportation (Neb. Rev. Stat. § 39-1302(11)). Redesignation of the state highway system is by the department with written advice of the State Highway Commission and consent of the Governor (§ 39-1309(2)).
Right-of-way
Primary
Neb. Rev. Stat. § 39-1302(34). Right-of-way means land, property, or interest therein, usually in a strip, acquired for or devoted to a road, street, or highway.
Public records
Primary
Nebraska Public Records Statutes (Neb. Rev. Stat. §§ 84-712 to 84-712.09). Who may request: All residents of this state and all other persons interested in the examination of the public records (§ 84-712). Captured plate data held by a governmental entity is not a public record for purposes of §§ 84-712 to 84-712.09 (§ 60-3209).
Open meetings
Primary
Nebraska Open Meetings Act (Neb. Rev. Stat. §§ 84-1407 to 84-1414)
ALPR statute
Primary
Neb. Rev. Stat. §§ 60-3201 to 60-3209 — Automatic License Plate Reader Privacy Act. Default: governmental use of an ALPR system is prohibited except as § 60-3203 or § 60-3204 provides. LE may use ALPR to identify outstanding parking/traffic violations, unregistered or uninsured vehicles, equipment or registration violations, vehicles tied to outstanding warrants, missing persons, stolen vehicles, or vehicles relevant and material to an ongoing criminal investigation; also parking-facility enforcement, secured-area access, electronic toll, and weighing-station duties. Governmental entities that use ALPR must post a use policy and a privacy policy, and (except parking/access/toll/weigh uses) report annually to the Nebraska Commission on Law Enforcement and Criminal Justice. Captured plate data is not a public record under §§ 84-712–84-712.09. The Act is policy-and-report plus use/retention limits. It is not an NDOT right-of-way permit. Retention: Governmental entity shall not retain captured plate data obtained under § 60-3203(2) more than 180 days unless it is evidence related to a § 60-3203(2) purpose, subject to a § 60-3205 preservation request, or the subject of a warrant, subpoena, or court order (§ 60-3204(1)). Manual hotlist entries purge at end of shift unless the investigation remains ongoing..

Full chapter text retrieved from the Nebraska Legislature statute pages on 1 Sept 2026. § 60-3209 shows a 2025 LB80 amendment (protection-order cross-reference). NCC hosts the same statutory links and the annual-report template.

ROW permit
Primary
Application to Occupy Right of Way (NDOT Form 19) — not an ALPR-named instrument; Encroachment application (NDOT 26) also listed on the ROW-permits page. Who may apply: NDOT’s utilities page: download Form 19 to occupy State right-of-way; following application and payment, an NDOT representative contacts the applicant. That page is written for utility occupancy. No ALPR applicant class is listed. A Lancaster County 2023 board item (secondary) used a separate NDOT agreement to install ALPR on state highway ROW — that is one county’s file, not a statewide named permit type.. Form 19 is primary as occupy-ROW for utilities. Do not treat it as Minnesota OLPA or Utah Special Use. Do not copy Johnson City TN.

Form 19 is primary as occupy-ROW for utilities. Do not treat it as Minnesota OLPA or Utah Special Use. Do not copy Johnson City TN.

https://dot.nebraska.gov/business-center/utilities/

Install process in this state

  1. This is Nebraska state-highway ROW under Neb. Rev. Stat. §§ 39-1302 and 39-1309, administered by the Nebraska Department of Transportation. It is not Florida’s State Highway System. Do not import FAC 14-20.010.
  2. §§ 60-3201–3209 are the Automatic License Plate Reader Privacy Act (use limits, 180-day retention, posted policies, annual NCC report, public-records carve-out). They are not the NDOT permit.
  3. Before operating: adopt and conspicuously post a use policy and a privacy policy (§ 60-3206). LE use must fit a § 60-3203(2)(a) purpose.
  4. Destroy captured plate data by 180 days unless an evidence, preservation-request, or warrant/subpoena/court-order exception applies (§ 60-3204).
  5. Report annually to the Nebraska Commission on Law Enforcement and Criminal Justice unless the use is only parking, secured-area, toll, or weighing-station (§ 60-3206(3)).
  6. NDOT Form 19 occupies state ROW for utilities. No ALPR-named NDOT instrument was retrieved. Empty beats substituting Form 19 as an ALPR permit. A county-level NDOT agreement is that county’s record, not this pack’s instrument.

Primary

Where to ask

  • City or county clerk

    Minutes, resolutions, vote records (Open Meetings Act + public records)

  • Purchasing / finance

    Contract, amendments, invoices

  • Police / sheriff records

    Posted use policy, posted privacy policy, annual NCC report; captured plate data is not a public record under § 60-3209

  • Nebraska Commission on Law Enforcement and Criminal Justice

    Annual ALPR practices-and-usage reports (§ 60-3206)

  • NDOT permits / utilities

    Form 19 occupy-ROW file or other NDOT agreement if one was issued — not an ALPR-named statewide file

SupportedEvidence
A Nebraska governmental entity may not retain captured plate data obtained under Neb. Rev. Stat. § 60-3203(2) for more than 180 days unless an evidence, preservation-request, or warrant/subpoena/court-order exception in § 60-3204(1) applies.

ne-60-3204

SupportedEvidence
A governmental entity that uses ALPR must adopt and post a use policy and a privacy policy, and — except parking, secured-area, toll, and weighing-station uses — report annually to the Nebraska Commission on Law Enforcement and Criminal Justice.

ne-60-3206

UnprovenAssumption
NDOT Form 19 is the statewide ALPR right-of-way instrument.

Form 19 is the occupy-ROW application on NDOT’s utilities page. It does not name ALPR.

ne-ndot-utilities

Sources in this pack

What was checked

  1. 2026-09-01

    https://nebraskalegislature.gov/laws/statutes.php?statute=60-3201 through 60-3209

    Primary: Automatic License Plate Reader Privacy Act packed in full from the Legislature site, including 180-day cap, policy-and-report, and § 60-3209 public-records carve-out (2025 LB80 note on 3209).

  2. 2026-09-01

    https://ncc.nebraska.gov/automatic-license-plate-reader-resources

    Primary NCC page confirming annual report to the Commission and linking the nine statute sections.

  3. 2026-09-01

    https://nebraskalegislature.gov/laws/statutes.php?statute=39-1302, 39-1309, 84-712, 84-1407

    Primary: highway/ROW definitions, state highway system map, public records, Open Meetings Act.

  4. 2026-09-01

    https://dot.nebraska.gov/business-center/utilities/ and /business-center/permits/row/

    Primary: NDOT Form 19 occupy ROW (utilities); NDOT 26 encroachment listed. Neither names ALPR.

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