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

Yes. A Nance County zoning permit is required before erecting, enlarging, converting or moving a covered building or structure, or before beginning a covered use or occupancy on land under county jurisdiction¹. The application must include complete plans and specifications plus a site-location plan¹. The county process includes a final zoning-compliance inspection and a Certificate of Occupancy/Zoning Compliance^1,6. A separate countywide building-code inspection program could not be confirmed, so ask the Zoning Administrator which construction codes and inspections apply³. The county's published fee schedule lists no fee for a zoning permit or a certificate of compliance⁷. The Zoning Administrator must issue the Certificate of Occupancy/Zoning Compliance within 15 days after the building is completed in conformity with the regulations, and no structure may be used as a temporary residence¹. Nebraska's default state building code excludes construction on a farm or for farm purposes, but we could not confirm a general farm exemption from the county zoning-permit process^3,8. State law lets the county board decide whether residences on a farmstead of 20 acres or more producing at least $1,000 of farm products a year are subject to county zoning and permit requirements, so a working farm should ask the Zoning Administrator how the county applies that rule^3,9.

The Nance County Zoning and Floodplain Administrator is the first stop for rural construction, zoning permits, conditional uses, zoning compliance and floodplain questions³. Call (308) 536-2902, email zoning@nancecountyne.org, or visit 209 Esther St, Fullerton, NE 68638³. Submit the office's written application with duplicate scaled plans showing lot dimensions, building locations and uses, household-unit count, and proposed water and sewer facilities as needed¹. Stake the lot and proposed building location before construction; after accepting the application, the county must issue the permit or a written denial within 15 days¹. A permit expires if work has not begun within 90 days or is unfinished after 1 year unless the applicant obtains a written extension¹.

Yes. Nance County zoning applies to unincorporated land and buildings, except territory within incorporated communities and municipal areas exercising extraterritorial zoning authority¹. Fullerton and Genoa administer zoning in their cities and one-mile extraterritorial areas, while the county page says Belgrade has no zoning ordinance¹⁰. County districts include agricultural, rural-conservation, agricultural-residential, highway-commercial and industrial classifications¹. An AG single-family dwelling generally needs 3 acres and an AGR single-family dwelling generally needs 2 acres, both excluding road right-of-way and subject to stated exceptions¹. Dimensional rules vary: the industrial district limits building coverage to 50% of the lot, and structures intended for human occupancy have a 35-foot maximum height¹. Confirm the parcel's jurisdiction, district and current standards with the Zoning Administrator³.

Nebraska DWEE administers onsite wastewater requirements in Nance County, although more stringent local requirements may also apply². Systems covered by a general permit must follow that permit and Title 124; a system not covered by a general permit needs a DWEE construction permit before work begins². Every new or improved residence must have an approved waste system, and its application must show compliance with applicable state requirements¹. When an existing concrete-block or metal tank is part of a system being replaced or modified, the tank must be inspected and replaced unless found structurally sound and watertight². Call the Nebraska DWEE Onsite Wastewater Program at (402) 471-4285 or email DWEE.onsite@nebraska.gov¹¹. Only about 30.2% of county soils are rated without severe limits for a conventional drain field, so obtain a site evaluation before fixing the house location¹². Statewide, most onsite systems are built under authorization by rule without a construction permit, but any system built, altered or modified must be registered with the state, and county septic requirements apply separately¹³.

We could not confirm a general Nance County rule allowing long-term RV occupancy or treating tiny homes as a distinct housing type, so ask the Zoning Administrator how the unit and use would be classified in the parcel's district³. A park-model RV is designed for temporary recreational, camping, travel or seasonal use and may not be permanently affixed as a permanent dwelling under Nebraska's classification rule¹⁴. Manufactured or mobile homes used as single-family dwellings must meet the county district's lot area, density, width, setback and sanitation rules¹. More than one dwelling or mobile home on an agricultural operation requires conditional-use approval and must remain accessory to the operation under the same ownership¹. A manufactured home used as a single-family dwelling in unincorporated Nance County must have at least 900 square feet of above-grade floor area for single-story construction and at least 18 feet of exterior width, and it must sit on a permanent foundation with wheels and axles removed¹. Every new or improved residence must have an approved waste system¹.

1. Ask the Nance County Zoning and Floodplain Administrator to confirm jurisdiction, district, allowed use, lot size and dimensional rules^1,3.
2. Submit the zoning application with duplicate scaled plans, then stake the lot and building location¹.
3. Arrange an approved waste system and determine whether the septic design is covered by a general permit or needs a DWEE construction permit^1,2.
4. Obtain a separate county floodplain development permit if the site is in a designated special flood hazard area⁵.
5. Contact the Nance County Roads Department if a new driveway is needed; a connection to a state highway also requires a state permit^15,16.
6. Complete the county's final zoning inspection and obtain the Certificate of Occupancy/Zoning Compliance before using the home^1,6.

Confirm zoning jurisdiction, district, lot area, dimensional rules, floodplain status and legal road access before closing^1,5,15. A rural land division may require a lot-split, boundary-change or subdivision filing, although a division whose smallest new parcel is more than 10 acres falls outside the cited subdivision definition¹⁷. For a subdivision, gravity-flow municipal sewer accessible within 500 feet of the final plat must be connected; otherwise sewage disposal must be provided as required by law¹⁷. Septic feasibility deserves an early field evaluation because only about 30.2% of county soils are rated without severe limits for a conventional drain field¹². County well permitting could not be confirmed, so ask the Zoning Administrator before relying on a well plan³. Under Nebraska law, a single well pumping 50 gallons per minute or less generally needs no permit, but a groundwater management district can require one, so ask the water district that covers the parcel¹⁸.