Dumpster diving is not illegal in Nebraska. There is no state law prohibiting the act of searching through discarded materials in dumpsters. However, trespassing laws and local ordinances are the main legal issues you need to consider.
Key Legal Points
- Dumpster Diving Is Legal: Nebraska law does not specifically prohibit dumpster diving. The 1988 State Supreme Court case State v. Holden set a precedent that scavenging from dumpsters is legal as long as you do not trespass on private property.
- Trespassing Is Illegal: Entering private property—including fenced, locked, or clearly marked “No Trespassing” areas—to access a dumpster is illegal and can lead to misdemeanor charges. If a property owner or manager asks you to leave and you refuse, you could face a higher-level misdemeanor.
- Public vs. Private Property: Dumpsters located on public property or in accessible public alleys are generally fair game. Dumpsters on private property (behind fences, gates, or inside buildings) require the owner’s permission.
- Local Ordinances: Some cities, like Omaha and Lincoln, have additional rules. For example, Omaha prohibits scavenging from city-owned trash receptacles, and Lincoln enforces trespassing laws if you enter private premises against the owner’s wishes.
- Signage and Locks: If a dumpster is locked, fenced, or has posted “No Trespassing” signs, do not attempt to access it.
Penalties
- Trespassing is usually a misdemeanor, with potential fines up to $1,000 and/or jail time up to six months for repeat or aggravated offenses.
- In Omaha, fines for trespassing start at $100 for a first offense.
Safety and Etiquette
- Always leave the area clean and do not create a mess.
- Avoid dumpster diving at night, as trespassing charges can be more severe.
- If confronted by a property owner or law enforcement, leave immediately to avoid escalation.
Summary Table
| Action | Legal in Nebraska? | Notes |
|---|---|---|
| Dumpster diving on public property | Yes | As long as not violating local ordinances or creating a mess |
| Dumpster diving on private property without permission | No | Considered trespassing |
| Accessing fenced/locked/marked dumpsters | No | Illegal; subject to trespassing charges |
| Refusing to leave when asked | No | Can result in higher-level misdemeanor |
Dumpster diving is legal in Nebraska as long as you do not trespass on private property or violate local ordinances. Always respect posted signs, fences, and property owner requests to stay on the right side of the law.
Sources:
- https://scrapsafari.com/dumpster-diving-in-nebraska/
- https://www.reddit.com/r/lincoln/comments/9d3i2q/is_dumpster_diving_illegal_in_lincoln/
- https://nebraskalegislature.gov/laws/statutes.php?statute=28-521
- https://www.rolloffdumpsterdirect.com/dumpster-diving-illegal/