Building permits, zoning and land rules in Custer County, Nebraska

Yes. Rural construction must start with county zoning approval: Custer County requires a zoning permit before a building or structure is erected, moved, enlarged or structurally altered¹. The Nebraska state building code applies when the county has not adopted a qualifying local code, with a farm-purpose exception; we could not confirm a separate county code adoption or routine inspection program^1,8. Development in a regulated floodplain needs county approval before the zoning permit can issue¹. A new or changed use cannot be occupied until the Zoning Administrator issues a Certificate of Zoning Compliance, unless an authorized appeal, variance or conditional use provides otherwise².

Custer County Planning and Zoning is the first stop because the office evaluates zoning and conditional-use permits, reviews subdivisions and administers county zoning¹. Call (308) 872-2410, email zoning@custercountyne.gov, or visit 431 S 10th in Broken Bow, Nebraska¹. Permit forms are available at the Zoning Office in the Custer County Courthouse¹. The application calls for a plot plan and project details including lot dimensions, parking, water supply, sewage disposal, erosion control, soil conditions and permeability¹. The published fee page lists $50 for a zoning permit or certificate of compliance and $25 for a floodplain-development application, but gives no effective date⁶. Ask Planning and Zoning to confirm the current fee and every required review before filing¹.

Yes. Custer County administers zoning throughout the unincorporated county, except where municipal annexation or municipal zoning jurisdiction displaces county authority^1,2. Village of Arnold has its own zoning; Nebraska onsite-wastewater requirements still apply, and Arnold requires a Village Superintendent permit before private sewage-system construction when public sewer is unavailable^3,4,9. The published county districts are AG-G, AG-T, AH, VAD and WP, with an official zoning map adopted as part of the resolution². Agricultural district tables include road-centerline, side, rear and height limits, but parcel overlays and use-specific rules may differ². Unincorporated Custer County allows one accessory dwelling per lot in districts identified by the land-use matrix, subject to a conditional-use permit, shared access, district setback and height limits, and generally shared utilities². The owner must live on the property and file a deed restriction prohibiting separate ADU sale before the ADU zoning permit². Short-term rentals are limited to a primary residence or an accessory dwelling on the same property, exclude multifamily and party rentals, and require applicable lodging taxes and life-safety compliance².

Nebraska's Onsite Wastewater Program administers septic requirements in Custer County, but local requirements may be separate from state Title 124 approval^4,5. Inside Arnold, private sewage-system construction when public sewer is unavailable also needs a written permit signed by the Village Superintendent⁹. Construction, reconstruction, alteration, modification or a non-exempt repair must follow the state process: qualifying systems may use general-permit coverage, while systems outside that coverage need a construction permit before work and an operating permit before use⁵. New or changed systems must also be registered with the state⁴. A dwelling that generates wastewater must use a compliant onsite system, connect to public sewer or use other wastewater works; the wastewater rule does not cover electric or natural-gas hookups⁴. Subdivision review applies when onsite wastewater is proposed on a lot smaller than three acres¹. Call the Nebraska Onsite Wastewater Program at (402) 471-4285 or email DWEE.onsite@nebraska.gov⁴. Only about 21.8% of county soils are rated without severe limitations for a conventional drain field, so arrange a site evaluation before buying⁷.

Custer County allows tiny houses by type, subject to county rules². A site-built tiny house needs a habitable room of at least 120 square feet, other habitable rooms of at least 70 square feet except kitchens, required facilities, utilities, egress and a foundation; it cannot be built in a floodplain². An RV, park-model or camper type must be 400 square feet or less, retain its wheels and axles, remain towable or self-propelled, and serve as temporary living quarters². In a county-regulated RV park or campground, an RV or trailer may be occupied for no more than four continuous months in a 12-month period and may remain afterward only in storage². That park rule does not settle RV occupancy on an ordinary private parcel, so ask Custer County Planning and Zoning before planning to live in one during construction¹.

1. Ask Custer County Planning and Zoning to confirm jurisdiction, the zoning district, allowed use, exact setbacks and subdivision review^1,2.
2. Confirm legal access; a new, moved or altered driveway connecting to a state-highway right of way requires a Nebraska permit¹⁰.
3. Check the floodplain before siting improvements because County Floodplain Administrator approval must precede a zoning permit there¹.
4. Prepare the plot plan and required water, wastewater, parking, erosion and soil information¹.
5. Submit the county zoning application before erecting, moving, enlarging or structurally altering the house¹.
6. Arrange a compliant wastewater system, registration and any required state permits^4,5.
7. Obtain the Certificate of Zoning Compliance before occupancy². An owner working on the owner's property is exempt from contractor registration, not from project approvals¹¹.

Confirm the zoning district and jurisdiction with Custer County Planning and Zoning before relying on a listing's description of allowed use^1,2. Check the building site against floodplain mapping because regulated floodplain development needs county approval before the zoning permit¹. Order a parcel-specific septic evaluation because only about 21.8% of county soils are rated without severe limitations for a conventional drain field⁷. For a private well, Nebraska lists a $240 registration fee for a single well pumping no more than 50 gallons per minute; a well pumping more than 50 gallons per minute has a $280 registration fee and may also need a local Natural Resources District permit¹². Verify legal road access separately because a state-highway driveway requires state approval, while we could not confirm a general county-road driveway permit^1,10.