Nemaha County, NE: No Zoning, Owner-Builder Allowed

Unincorporated Nemaha County, Nebraska lists no general county zoning ordinance; the building-permit requirement covers nonfarm structures in zoned areas, so confirm your parcel with Planning and Zoning^1,2,3. Auburn issues its own building permits and sets zoning within its jurisdiction^4,5. Nebraska DWEE administers onsite wastewater requirements, including septic permits where required; wastewater-generating buildings need compliant onsite treatment or a sewer connection^6,7.

At a glance

Building permit: Required for nonfarm work in a zoned area; the county lists no general zoning, so confirm the parcel with Planning and Zoning^1,2
Zoning: No general county zoning ordinance listed for unincorporated land; Auburn sets zoning within its jurisdiction^1,5
Septic: Compliant onsite treatment or a sewer connection required for wastewater-generating buildings; DWEE handles state septic permits where required^6,7
RV living: Not confirmed; ask Planning and Zoning for the parcel⁸
Tiny home: Not confirmed; ask about use, district, setbacks and permits⁸
Owner-builder: Some own-property work or owner-designed projects qualify for limited state exemptions, not permit waivers^9,10
Floodplain: Development in a floodplain requires a permit¹¹

Who to call

Planning & zoning

Nemaha County Planning and Zoning

Parcel-specific building-permit, zoning-district and setback questions

402-274-4285

Online permits →

Septic permits

Nebraska Department of Water, Energy, and Environment Onsite Section

State onsite-wastewater program questions and certified-professional information

(402) 471-4285

245 Fallbrook Blvd., Ste. 100 Lincoln, NE 68521

Contact details are copied from each office’s official page and were checked against it on October 12, 2026.

Do you need a building permit in Nemaha County, Nebraska?

A permit is required before erecting, constructing, reconstructing, altering, repairing or converting a nonfarm building in a zoned area of Nemaha County.

A permit is required before erecting, constructing, reconstructing, altering, repairing or converting a nonfarm building in a zoned area of Nemaha County². Because that rule reaches only zoned areas, and the county lists no general zoning regulations for unincorporated land¹, we could not confirm a blanket building-permit exemption for rural parcels; Nemaha County Planning and Zoning asks for the legal description and address before answering the permit question³. The county’s forms page currently lists no permits and says they are to be determined, but that statement is not a permit exemption¹.

Nebraska has adopted a state building-code framework, but that fact does not establish that Nemaha County adopted a separate local code¹². When a county building permit applies, the application calls for two identical plan sets containing a plot plan plus footing, wall, roof and floor details³.

Who issues building permits and zoning approval in Nemaha County?

Nemaha County Planning and Zoning is the starting point for a rural parcel because the county asks for the legal description and address when answering permit questions.

Nemaha County Planning and Zoning is the starting point for a rural parcel because the county asks for the legal description and address when answering permit questions³. Reach the office at 402-274-4285 and have the recorded legal description and street address, if assigned, ready⁸.

Ask Planning and Zoning to identify the controlling jurisdiction and any zoning district, determine whether the nonfarm permit rule applies, and provide current fee and inspection instructions^2,8. The county’s permit material identifies a plot plan plus footing, wall, roof and floor details as application components³. The county’s forms page does not publish a complete permit process¹.

The county answers here concern unincorporated land; within Auburn's jurisdiction, the city issues building permits, with applications filed through the City Clerk^2,4. Nebraska DWEE remains the onsite-wastewater authority for city and rural addresses, although additional local requirements may apply⁶.

Does Nemaha County have zoning, and who zones where?

Nemaha County lists no zoning regulations for unincorporated land: its official regulations page says "None at this time, to be determined," and the county is developing a new Comprehensive Plan and discussing proposed zoning regulations¹. The county's own FAQ still says setbacks differ by zoning district and asks for the legal description and address, and we could not find a published district map or schedule, so ask Planning and Zoning whether a given parcel sits in any district^3,8.

Nebraska law allows county zoning outside incorporated cities and villages, except where a city or village exercises zoning jurisdiction; municipal zoning can supersede county rules there¹³. Auburn sets zoning inside city limits and its zoning jurisdiction; the official map in the City Clerk's office determines current zoning status⁵. Nebraska DWEE still administers onsite wastewater requirements there⁶.

We could not confirm numeric setbacks, minimum lot size, lot coverage, building height or a general minimum dwelling size; ask Planning and Zoning before relying on a proposed site plan⁸.

How do septic permits work in Nemaha County, Nebraska?

Every wastewater-generating dwelling or non-dwelling in Nemaha County must have a state-compliant onsite wastewater system or connect to a public sewer or other wastewater works.

Every wastewater-generating dwelling or non-dwelling in Nemaha County must have a state-compliant onsite wastewater system or connect to a public sewer or other wastewater works⁷. Nebraska DWEE administers Title 124 for onsite systems, while additional local requirements may apply⁶. Most Nebraska systems are built under Authorization by Rule without a state construction permit, but wastewater quantity, quality or site conditions can trigger permitting¹⁴. Systems handling at least 1,000 gallons per day, non-household wastewater or conditions outside Authorization by Rule require a construction permit, and permit-required systems need an operating permit before use¹⁵.

Only about 15.4% of county soils avoid a “very limited” rating for a conventional drain field, so evaluate the site early¹⁶. Septic tanks require periodic inspection by a qualified pumper, professional engineer or registered environmental health specialist⁶. Contact the state Onsite Section for certified-professional information¹⁷.

Can you live in an RV or tiny home in Nemaha County?

We could not confirm Nemaha County’s rules for living in an RV on private land, temporary camping or tiny-home occupancy, so obtain a parcel-specific answer from Planning and Zoning before buying or moving a unit onto land⁸. Ask whether the use is allowed, what approval is required and which district setbacks apply³.

Nebraska’s public-property camping restriction does not answer residential RV occupancy on private land¹⁸. A qualifying manufactured home cannot be prohibited solely because it is manufactured, although local zoning may impose standards allowed by state law¹³. Off-grid sanitation in Nemaha County can use septic tanks, holding tanks, small lagoons or other decentralized treatment systems, subject to state registration, certification, permit and site requirements⁷. Cesspools, dry wells, leaching pits and seepage pits are prohibited wastewater systems⁶.

How do you build a home in Nemaha County, step by step?

Give Nemaha County Planning and Zoning the legal description and address, then ask which jurisdiction and zoning district control the parcel.

Give Nemaha County Planning and Zoning the legal description and address, then ask which jurisdiction and zoning district control the parcel³.
Confirm whether the nonfarm permit rule applies and request the current fee, district setback and inspection instructions^2,3.
If a permit applies, prepare two matching plan sets with a plot plan and the required footing, wall, roof and floor details³.
Choose a public sewer connection or compliant onsite wastewater treatment; for an onsite system, have a certified professional determine site suitability and applicable state requirements⁷.
Obtain a floodplain development permit before development in a mapped floodplain¹¹.
If access connects to a state highway, obtain the state driveway permit before constructing, relocating or altering the entrance¹⁹.

What should you check before buying land in Nemaha County?

Start with jurisdiction, zoning district, allowed use, setbacks and permit status, all tied to the parcel’s legal description.

Start with jurisdiction, zoning district, allowed use, setbacks and permit status, all tied to the parcel’s legal description³. Verify wastewater feasibility before relying on a buildable-area estimate because only about 15.4% of county soils avoid severe limitations for a conventional drain field¹⁶. A proposed development area using onsite wastewater on lots smaller than 3 acres needs state subdivision review before construction⁶.

Check mapped floodplain before grading because all floodplain development requires a permit¹¹. Confirm legal road access and distinguish a county-road entrance from a state-highway connection, since new, moved or altered state-highway driveways require a state permit¹⁹. The county’s effective property-tax rate is about 1.4%, while the parcel’s assessment and tax bill still need verification¹⁶.

Watch-outs

Do not read the county forms page’s lack of listed permits as an exemption; nonfarm structures in zoned areas require permits, and Planning and Zoning needs the parcel details to say what applies^1,2,3.
Only about 15.4% of county soils avoid severe limits for a conventional septic drain field, making wastewater feasibility an early purchase check¹⁶.
We could not confirm RV living, tiny-home occupancy, private-land camping or a numeric minimum dwelling size; ask Planning and Zoning for a parcel-specific answer⁸.
Development in a floodplain requires a permit even when the work is not a new building¹¹.

Sources

19 official pages, each quoted and re-checked · written October 12, 2026

Written October 12, 2026 from the rules quoted below, each taken from an official source and re-checked by an independent reviewer. This is research, not legal advice: rules change, so confirm with the office before you buy or build.

Off-grid gear

Going off-grid in Nemaha County means bringing your own water and power. The kit we’d start with:

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Compared with neighboring counties

Unlike 5 of its 6 neighbors, Nemaha County has no countywide zoning.

Rule	Nemaha County	Richardson County	Johnson County	Otoe County	Pawnee County	Cass County	Gage County
Building permit	Required	Not required	Limited	Limited	Required	Required	Required
County zoning	No	No	Yes	Yes	Yes	Yes	Yes
Septic permits	NDEE	NDEE	NE Dept. of Env. & Energy	NDEE	NDEE	NDEE	NDEE

Cities and towns in Nemaha County

Inside a city, town or township here, that government usually sets zoning and may issue its own building permits; the county’s rules above cover land outside them.

Not yet covered: Village of Brock · Village of Brownville · Village of Johnson · Village of Julian · Village of Nemaha · Peru

Answers from the rulebook for Nemaha County

What the ordinances and state agencies actually say — one answer per question, each quoted from the official source and independently re-checked.

Nemaha County rules

Building permitRequired
Nonfarm buildings and structures in a zoned area of unincorporated Nemaha County.
- The requirement applies before erection, construction, reconstruction, alteration, repair, or conversion.
- A permit may be withheld if the proposed purpose conflicts with the zoning regulations for the applicable district.
- Plans covering the proposed erection, construction, reconstruction, alteration, use or change of use, including sanitation, plumbing and sewage disposal, must be filed in writing and fully conform to zoning regulations.
- The statute does not establish a countywide permit requirement for every unincorporated parcel outside a zoned area.
- Incorporated cities and villages and unincorporated areas where a city or village has been granted and exercises zoning jurisdiction may be governed by the other authority.
“requiring the issuance of permits prior to the erection, construction, reconstruction, alteration, repair, or conversion of any nonfarm building or structure within a zoned area”
Nebraska Revised Statute 23-114.04 ↗Re-checked Oct 7, 2026
County-wide zoningAbsent
A general county zoning ordinance governing unincorporated Nemaha County.
- The county is developing a new Comprehensive Plan and discussing proposals for Zoning Regulations.
- The county states that its current Comprehensive Plan regulates some policy and procedures; this is not identified as a zoning ordinance.
- The official county regulations page states that regulations are none at this time and to be determined.
“Regulations None at this time, to be determined.”
Planning and Zoning – Nemaha County ↗Re-checked Oct 9, 2026
Local zoningPresent (with conditions)
Aggregate local zoning status in Nemaha County, based on the county's stated zoning-district administration and Planning Commission zoning work.
- This aggregate does not establish that every parcel is governed by the county rather than an incorporated city or village.
- Parcel-specific zoning requires the legal description and address.
- The county page states that new comprehensive-plan and zoning-regulation proposals are being discussed; the reviewed pages do not publish the operative ordinance or district schedule.
“Setbacks are different for each zoning district. We need to know the legal description and address.”
Planning and Zoning FAQs – Nemaha County ↗Re-checked Oct 7, 2026
SetbacksDistrict specific (with conditions)
Setbacks for properties in Nemaha County zoning districts.
- The applicable setback depends on the zoning district.
- The county requires the legal description and address to determine the applicable answer.
- The reviewed official page does not provide numeric setback distances.
“Setbacks are different for each zoning district. We need to know the legal description and address.”
Planning and Zoning FAQs – Nemaha County ↗Re-checked Oct 7, 2026
Permit processPartial
County building-permit application process in Nemaha County.
- The county FAQ says the legal description and address are needed to determine whether a building permit is required.
- The application requires two identical sets of plans, including a plot plan, footing detail, wall detail, roof detail, and floor plan.
- The reviewed county permit page states that permits are to be determined and does not publish a complete process.
“Do I need a building permit? We need to know the legal description and address. What is required for a building permit? Need two (2) identical sets of plans at the time of application, including a plot plan, footing detail, wall detail, roof detail and floor plan.”
Planning and Zoning FAQs – Nemaha County ↗Re-checked Sep 26, 2026
One more reviewed finding on this topic
- Not published (with conditions) — County planning, zoning, and permit process information published by Nemaha County.
  “Permits None at this time, to be determined. Regulations None at this time, to be determined.”
  Forms, Permits and Regulations – Nemaha County ↗Re-checked Oct 2, 2026

Nebraska rules that apply here

Owner-builder exemptionAvailable
A person performing work or having work performed on the person's own property under Nebraska's Contractor Registration Act.
- The exemption means the person is not a contractor for purposes of the Contractor Registration Act.
- The exemption applies to work on the person's own property.
- The statute separately states that a person earning less than five thousand dollars annually for construction services is also not a contractor for purposes of the Act.
- The exemption does not exempt a contractor from withholding requirements under the Nebraska Revenue Act of 1967.
- This is a contractor-registration exemption and does not establish exemption from applicable building permits, inspections, building codes, electrical requirements, or other local or state approvals.
annual construction-services earnings threshold: < 5000 USD (Separate statutory basis for not being a contractor under the Act; the own-property exemption has no stated dollar threshold.)
“Any person who performs work or has work performed on his or her own property or any person who earns less than five thousand dollars annually for construction services is not a contractor for purposes of the Contractor Registration Act.”
Nebraska Revised Statute 48-2104 — Registration required ↗Re-checked Sep 11, 2026
One more reviewed finding on this topic
- Conditional — Owner-designed construction projects that qualify for Nebraska's exemption from involvement of a licensed architect or professional engineer; this is not a confirmed exemption from any county building permit.
  “An “exempt” project is one that does not require the involvement of a Nebraska-licensed architect or professional engineer. Exempt projects may be designed by non-licensed individuals.”
  Exemptions – Nebraska Board of Engineers and Architects ↗Re-checked Oct 4, 2026
Building code adoptedAdopted (with conditions)
Nebraska's state building code, including state-owned or state-agency buildings and local jurisdictions as specified by Nebraska law.
- The adopted code consists of the 2018 International Building Code with stated exceptions, the 2018 International Residential Code with stated exceptions, the 2018 International Existing Building Code with a stated exception, the 2018 Uniform Plumbing Code, and minimum radon-resistant construction standards.
- The state building code applies to all buildings and structures owned by the state or a state agency.
- It applies in a county, city, or village that elects to adopt it as its local code.
- It also applies in a county, city, or village that has not adopted an authorized local code within two years after an update to the state building code.
- The default state-code rule does not apply to construction on a farm or for farm purposes.
- A local jurisdiction may instead adopt a code that conforms generally with the state building code, subject to the requirements and exceptions in section 71-6406.
International Building Code edition: 2018 (Except section 101.4.3 and chapter 29; section 305.2.3 applies to a facility having twelve or fewer children; section 310.4.1 applies to a care facility for twelve or fewer persons.) · International Residential Code edition: 2018 (Except section R313 and chapters 25 through 33.) · International Existing Building Code edition: 2018 (Except section 809.) · Uniform Plumbing Code edition: 2018 · local-code adoption deadline after state-code update: 2 years (If no authorized local code is adopted, the state building code applies, except to construction on a farm or for farm purposes.)
“(1) There is hereby created the state building code. The Legislature hereby adopts by reference:”
Nebraska Revised Statute 71-6403: State building code; adopted; amendments ↗Re-checked Sep 11, 2026
One more reviewed finding on this topic
- Adopted — Nebraska state building code, including the statutory code framework applicable to local governments when adopted or otherwise applicable by statute.
  “(1) There is hereby created the state building code. The Legislature hereby adopts by reference:”
  Nebraska Revised Statute 71-6403 ↗Re-checked Oct 4, 2026
InspectionsLimited
Virtual (remote) inspections under building permits issued by any Nebraska state agency, county, city, or village that requires an inspection as part of a building permit
- Virtual inspection is optional ('may allow'); the statute does not itself require inspections or a permit.
- Condition (2)(a)(i), applying to virtual inspection generally: the inspection is of an area of a single-family or two-family residential building that is less than three stories in height and under ten thousand square feet.
- Condition (2)(a)(ii): the permit requester or holder has provided the name of the contractor who is licensed or registered in the state, county, city, or village and is completing the work to be virtually inspected.
- Condition (2)(a)(iii): except as provided in (2)(b), the virtual inspection is conducted live with both the permit requester/holder and the authorized inspector.
- Exception (2)(b): inspections for building permits of a nonstructural nature, as determined by the permitting entity, may be conducted using video or photo documentation for any reinspection.
- Authorized inspector means an individual credentialed with the state agency, county, city, or village issuing permits, or a registered/licensed third-party inspector contracted per project specifications; it excludes self-performed inspections of one's own permit or building.
- Under subsection (3), an entity using virtual inspections is not required to publicize the contractor's name.
- Statute effective July 18, 2026 (Laws 2026, LB441, section 2).
building height: < 3 stories · building area: < 10000 square feet
“any state agency, county, city, or village that requires an inspection as part of a building permit may allow for virtual inspection by an authorized inspector if the following conditions are met: (i) the inspection is of an area of a single-family or two-family residential building that is less than three stories in height and under ten thousand square feet;”
Nebraska Revised Statute 71-6409 - Building permit; inspections; how conducted ↗Re-checked Nov 6, 2026
Certificate of occupancyLimited
Occupancy permits for newly constructed buildings and facilities for first occupancy, alterations of existing buildings and facilities used by the public, and newly constructed covered multifamily dwellings subject to Nebraska accessibility standards.
- The State Fire Marshal must adopt standards, specifications, and exclusions consistent with the current federal ADA guidelines for buildings and facilities newly constructed for first occupancy and alterations of existing buildings and facilities used by the public.
- The State Fire Marshal must adopt standards and specifications consistent with the current federal Fair Housing Act guidelines, as adopted by Nebraska, for newly constructed covered multifamily dwellings.
- The enforcing authority cannot approve or authorize an occupancy permit unless the building, facility, or dwelling complies with those standards and specifications.
- An unauthorized departure may be corrected by full compliance within 180 days after discovery; failure to correct results in denial or revocation of the occupancy permit.
correction period after discovery of unauthorized departure: 180 days (Full compliance with the State Fire Marshal's standards and specifications is required within this period.)
“No official of any governing body of the state government or its political subdivisions responsible for such enforcement shall approve or authorize an occupancy permit”
Nebraska Revised Statute 81-5,147 — Buildings and facilities; standards, specifications, and exclusions; adoption ↗Re-checked Nov 4, 2026
Zoning districtsPartial
Public availability of local Nebraska municipal codes that may contain zoning districts; this does not establish a single statewide zoning-district map or ordinance.
- Not all communities have published municipal codes online.
- Where codes are unavailable online, the official source directs users to contact local town or city offices or the county courthouse.
- Local zoning districts and ordinances remain community-specific.
“Not all communities have published their municipal codes online; it may be necessary to contact the local town or city offices, or the county courthouse to access their codes and ordinances.”
Where can I find Nebraska Municipal Codes? ↗Re-checked Sep 11, 2026
Minimum dwelling sizeSpecified
Manufactured homes regulated by a Nebraska city of the primary class within its corporate limits or extraterritorial zoning jurisdiction.
- The city may impose the 900-square-foot minimum; the statute does not make that minimum mandatory in every city.
- The manufactured home must bear an appropriate seal showing compliance with the Uniform Standard Code for Manufactured Homes and Recreational Vehicles, the Nebraska Uniform Standards for Modular Housing Units Act, or United States Department of Housing and Urban Development standards.
- The city may also require the same foundation-system, permanent-utility-connection, setback, and minimum-square-footage standards applicable to a site-built single-family dwelling on the same lot.
- The city may not require additional standards unless uniformly applied to all single-family dwellings in the zoning district.
- Valid restrictive covenants of record are not superseded.
minimum floor area: >= 900 square feet (manufactured homes subject to city standards) · minimum exterior width: >= 18 feet (manufactured homes subject to city standards)
“(i) The home shall have no less than nine hundred square feet of floor area;”
Nebraska Revised Statute 15-902 — Primary-class-city building regulations and zoning ↗Re-checked Oct 5, 2026
One more reviewed finding on this topic
- Specified — Manufactured homes regulated under Nebraska county zoning authority.
  “The county board may also require that manufactured homes meet the following standards: (i) The home shall have no less than nine hundred square feet of floor area;”
  Nebraska Revised Statute 23-114 ↗Re-checked Sep 11, 2026
Lot coverageDistrict specific (with conditions)
Nebraska's statewide statutory delegation of lot-coverage regulation through a county zoning resolution, in the unincorporated area of a county.
- A county board must adopt a zoning resolution; the statute authorizes, but does not itself state, a statewide maximum lot-coverage percentage.
- The county authority cannot be exercised within an incorporated city or village, or an area where a city or village has been granted and is exercising zoning jurisdiction.
- A city or village zoning ordinance or amendment supersedes a county resolution or regulation when the city or village exercises control over the unincorporated area.
“The zoning resolution may regulate and restrict: [...] (b) the percentage of lot areas which may be occupied;”
Nebraska Revised Statute 23-114 — Zoning regulations; when authorized; powers; manufactured homes; limitation of jurisdiction ↗Re-checked Nov 4, 2026
Camping on your landLimited
Temporary camping on state or county public highways, roadside areas, parks, and other property acquired for highway or roadside park purposes in Nebraska.
- Camping is unlawful except at places designated as campsites by the Department of Transportation, the county, or another governmental entity owning or controlling the property.
- The statute excludes certain lands transferred or leased to the Game and Parks Commission and other lands controlled by the Game and Parks Commission or a natural resources district, which are governed under separate statutes.
- Camping includes temporary lodging out of doors in a sleeping bag, tent, trailer, station wagon, pickup camper, camper-bus, or other vehicle.
- Violation is a Class V misdemeanor and may require reimbursement for campsite damage.
penalty: Class V misdemeanor
“It shall be unlawful to camp on any state or county public highway, roadside area, park, [...] except at such places as are designated campsites”
Nebraska Revised Statute 39-312 — Camping; permitted; where; violation; penalty ↗Re-checked Sep 11, 2026
Tiny homesLimited
Tiny houses produced or sold in Nebraska and classified as manufactured homes, modular housing units, or recreational vehicles, including park model recreational vehicles.
- The Nebraska Public Service Commission states that tiny houses can be built as either a manufactured home, modular housing unit, or recreational vehicle.
- For a park model recreational vehicle under current Nebraska law, the unit must be designed and marketed as temporary living quarters for recreational, camping, travel, or seasonal use; must not be permanently affixed to real property for use as a permanent dwelling; must be built on a single chassis mounted on wheels; must have a gross trailer area not exceeding 400 square feet in the setup mode; and must be certified by the manufacturer as complying with ANSI A119.5, 2025 edition.
- LB1147 enacted the 400-square-foot park-model limit and specified the 2020 ANSI A119.5 edition; its emergency clause states that the act takes effect when passed and approved according to law.
- State classification or construction compliance does not establish unrestricted land-use occupancy. County zoning resolutions may regulate the location, size, and uses of structures including house trailers and automobile trailers, and may regulate uses of buildings and land in unincorporated areas.
- County zoning powers do not apply within incorporated cities or villages, or areas where a city or village has been granted and is exercising zoning jurisdiction. Local zoning, building, utility, health, and other requirements may therefore impose additional conditions.
park model gross trailer area: <= 400 square feet (Measured in the setup mode.) · park model chassis: single chassis mounted on wheels · park model permanent-affixation: false (The unit must not be permanently affixed to real property for use as a permanent dwelling.)
“(16) Park model recreational vehicle means a vehicular unit which meets the following criteria: (a) Is designed and marketed as temporary living quarters for recreational, camping, travel, or seasonal use; (b) Is not permanently affixed to real property for use as a permanent dwelling; (c) Is built on a single chassis mounted on wheels with a gross trailer area not exceeding four hundred square feet in the set up mode; and (d) Is certified by the manufacturer as complying with the ANSI A119.5 Park Model Recreational Vehicle Standard of the American National Standards Institute, 2025 edition;”
Housing and Recreational Vehicle ↗Re-checked Oct 1, 2026
Manufactured homesAllowed (with conditions)
A proposed residential manufactured home subject to a Nebraska county zoning resolution in an unincorporated area where county zoning jurisdiction is being exercised.
- The manufactured home must bear an appropriate seal indicating construction under the Uniform Standard Code for Manufactured Homes and Recreational Vehicles, the Nebraska Uniform Standards for Modular Housing Units Act, or United States Department of Housing and Urban Development standards.
- A county may apply the same foundation-system, permanent-utility-connection, setback, and minimum-square-footage standards that apply to a site-built single-family dwelling on the same lot.
- A county may require at least 900 square feet of floor area, an exterior width of at least 18 feet, a roof pitch of at least 2.5 inches vertical rise per 12 inches horizontal run, comparable exterior material, a nonreflective or simulated asphalt/wood-shingle/tile/rock roof, and removal of wheels, axles, transporting lights, and removable towing apparatus.
- Additional standards are permitted only when uniformly applied to all single-family dwellings in the zoning district.
- The statutory protection does not supersede valid restrictive covenants of record.
- County zoning authority does not apply within an incorporated city or village or an area where a city or village has been granted or ceded zoning jurisdiction and is exercising it; a municipal ordinance supersedes county regulation when the municipality exercises control over an unincorporated area.
minimum floor area a county may require: >= 900 square feet (Permitted county standard for a manufactured home.) · minimum exterior width a county may require: >= 18 feet (Permitted county standard for a manufactured home.) · minimum roof pitch a county may require: >= 2.5 inches vertical rise per 12 inches horizontal run (Permitted county standard for a manufactured home.)
“The county board shall not [...] which prohibits the use of land [...] for the sole reason that the proposed structure is a manufactured home”
Nebraska Revised Statute 23-114 — Zoning regulations; when authorized; powers; manufactured homes; limitation of jurisdiction ↗Re-checked Nov 4, 2026
Who permits septicState (with conditions)
Private onsite wastewater systems serving dwellings and non-dwelling facilities in Nemaha County.
- DWEE administers Title 124 requirements.
- Additional local government requirements may also apply.
- Some systems may qualify for general-permit coverage rather than an individual construction permit.
“The owner of a dwelling or non-dwelling facility, proposing to construct, reconstruct, alter, modify, or make a repair not exempted in Chapter 2 to an onsite wastewater treatment system not covered by a general permit will apply for and obtain a construction permit from the Department prior to construction of the system.”
Nebraska Administrative Code Title 124 – Onsite Wastewater Treatment Systems ↗Re-checked Sep 26, 2026
2 more reviewed findings on this topic
- State (with conditions) — Onsite wastewater systems serving dwellings and non-dwellings in Nemaha County.
  “The Nebraska Onsite Wastewater Program administers regulations meant to protect surface water and groundwater as well as public health and welfare through the use of standardized design requirements, the certification of onsite professionals, the review of plans for subdivision development and the permitting of systems that because of large size, handling of non-domestic wastes, or siting issues require a site specific evaluation.”
  Onsite Wastewater Program ↗Re-checked Oct 2, 2026
- Mixed (with conditions) — Onsite wastewater treatment systems statewide in Nebraska, including septic systems, holding tanks, lagoons, mound systems, and other decentralized systems.
  “Any local requirements (city, county) are separate from and in addition to the requirements found in Title 124 that apply statewide.”
  Onsite Wastewater Program ↗Re-checked Sep 11, 2026
Septic permitLimited
Onsite wastewater systems in Nemaha County.
- A construction permit is required for systems not covered by a general permit.
- Permit triggers include flows of 1,000 gallons per day or more, non-household wastewater, or systems not covered by Authorization by Rule.
- A construction permit is required before building and an operating permit before system use.
- Plans must be prepared by a professional engineer for permit-required systems.
- Minor repairs and certain temporary modifications are exempt under Title 124 conditions.
design flow threshold: >= 1000 gallons per day (Permit requirement also applies to non-household wastewater and systems not covered by Authorization by Rule.) · permit application fee: 450 USD (Covers both construction and operating permits.)
“A permit is required for onsite wastewater systems that: Handle flows of 1,000 gallons per day or more Manage non-household wastewater Are not covered under “Authorization by Rule” (Title 124, Chapter 3, Section 002)”
Permits | DWEE NE ↗Re-checked Sep 26, 2026
2 more reviewed findings on this topic
- Limited — Onsite wastewater construction and operation in Nemaha County.
  “Most onsite wastewater systems in Nebraska are constructed under “Authorization by Rule” which does not require a construction permit from the State of Nebraska. However, some systems will require a permit as a result of the quantity or quality of the wastewater generated or site conditions that do not meet “Authorization by Rule” requirements.”
  Onsite Wastewater Treatment Facilities: Permits ↗Re-checked Oct 2, 2026
- Limited — Onsite wastewater systems statewide where system size, non-domestic waste handling, or siting issues require a site-specific evaluation and permitting; ordinary systems also remain subject to applicable Title 124 compliance and registration rules.
  “Most onsite wastewater systems in Nebraska are constructed under “Authorization by Rule” which does not require a construction permit [...] However, some systems will require a permit”
  Onsite Wastewater Program ↗Re-checked Sep 11, 2026
Septic inspectionRequired
Septic tanks in Nemaha County.
- The inspection is periodic.
- Septage must be removed when the sludge layer is less than 12 inches below the bottom of the outlet baffle or the scum layer is less than 3 inches above the bottom of the outlet baffle.
- Inspection must be performed by a Master or Journeyman Pumper, professional engineer, or registered environmental health specialist.
sludge clearance trigger: < 12 inches (Measured below the bottom of the outlet baffle.) · scum clearance trigger: < 3 inches (Measured above the bottom of the outlet baffle.)
“The owner of a septic tank will have a Master or Journeyman Pumper, a professional engineer, or a registered environmental health specialist periodically inspect the septic tank and remove septage from the tank whenever the top of the sludge layer is less than 12 inches below the bottom of the outlet baffle or whenever the bottom of the scum layer is less than three inches above the bottom of the outlet baffle.”
Nebraska Administrative Code Title 124 – Onsite Wastewater Treatment Systems ↗Re-checked Sep 26, 2026
One more reviewed finding on this topic
- Limited — Inspection of private onsite wastewater treatment systems statewide in Nebraska.
  “A private onsite wastewater treatment system shall not be [...] inspected [...] unless the [...] inspection [...] is carried out or supervised by either a certified professional”
  Nebraska Revised Statute 81-15,248 ↗Re-checked Sep 11, 2026
Off-grid sanitationLimited
Off-grid wastewater sanitation for dwellings and non-dwelling facilities in Nemaha County.
- Off-grid sanitation must use an onsite wastewater treatment system compliant with Title 124.
- A wastewater works connection is an alternative.
- Cesspools, dry wells, leeching pits, and seepage pits are prohibited and do not satisfy the onsite-wastewater requirement.
- Permits or general-permit coverage may be required.
“Cesspools, dry wells, leeching pits, and seepage pits are prohibited systems and will not accept wastewater. A prohibited system will not satisfy the requirement to have an onsite wastewater system.”
Nebraska Administrative Code Title 124 – Onsite Wastewater Treatment Systems ↗Re-checked Sep 26, 2026
2 more reviewed findings on this topic
- Limited — Off-grid wastewater sanitation using onsite systems in Nemaha County.
  “Onsite wastewater treatment systems include septic tanks, holding tanks, small lagoons, and other decentralized wastewater treatment systems not connected to a municipal wastewater treatment system.”
  Onsite Wastewater Program ↗Re-checked Oct 2, 2026
- Allowed (with conditions) — Off-grid wastewater sanitation using an onsite wastewater treatment system, including septic systems, holding tanks, lagoons, or mound systems, statewide in Nebraska.
  “households depend on septic systems [...] for wastewater treatment. [...] the Nebraska Department [...] regulates these systems through Title 124”
  Onsite Wastewater Treatment Facilities: Just for Homeowners ↗Re-checked Sep 11, 2026
Well permitLimited
Construction or modification of water wells in Nebraska groundwater management areas, on land owned or controlled by the person constructing the well.
- Before commencing construction, the applicant must apply to the district in which the well will be located, using district forms.
- No permit is required for test holes or dewatering wells intended for use for ninety days or less.
- No permit is required for a single water well designed and constructed to pump fifty gallons per minute or less.
- A district may exempt replacement water wells by rule and regulation.
- A district may require a permit for a well designed and constructed to pump fifty gallons per minute or less when it is commingled, combined, clustered, or joined with another well or water source, excluding a water source used to water range livestock; combined wells are treated as one well and their combined capacity is used as the rated capacity.
- In groundwater management areas where regulations have been imposed to control declining groundwater levels, a district may require permits for each well or categories of wells designed and constructed to pump fifty gallons per minute or less, except water sources required for human needs relating to health, fire control, or sanitation and water sources used to water range livestock.
- The district must review the application and issue or deny the permit within thirty days after filing.
- The application requires a fifty-dollar filing fee payable to the district.
- The application must include the applicant's name and post-office address, proposed use, intended location, size, type and description, estimated depth if known, estimated capacity in gallons per minute, irrigation acreage and legal description if applicable, non-irrigation use description if applicable, replacement-well registration number if applicable, and other information required by the district.
- A person who failed to obtain a required permit must apply for a late permit, accompanied by a two-hundred-fifty-dollar fee and the same information required for an ordinary application.
- A person must apply before modifying a well that was previously exempt into one for which a permit would otherwise be required.
pump capacity threshold: <= 50 gallons per minute (Single wells at or below this threshold are exempt unless a district rule requires a permit under the statutory exceptions.) · ordinary application filing fee: 50 USD (Payable to the district.) · late permit application fee: 250 USD (Applies when a required permit was not obtained.) · district decision deadline: 30 days (Measured after the application is filed.) · dewatering intended-use period: <= 90 days (Test holes and dewatering wells intended for use for ninety days or less do not require a permit.)
“shall, before commencing construction, apply with the district in which the water well will be located for a permit on forms provided by the district”
Nebraska Revised Statute 46-735 ↗Re-checked Oct 5, 2026
Mandatory utility hookupConditional
Wastewater service for dwellings and non-dwellings generating wastewater statewide in Nebraska.
- The property must have an onsite wastewater treatment system complying with Title 124, or be connected to a public sewer system or other wastewater works.
- Local city and county requirements are separate from and in addition to statewide Title 124 requirements.
“A dwelling or non-dwelling that generates wastewater must have an onsite wastewater treatment (OWT) system [...] or be connected to a public sewer system”
Onsite Wastewater Treatment Facilities: Just for Homeowners ↗Re-checked Sep 11, 2026
One more reviewed finding on this topic
- Conditional — Wastewater service for dwellings and non-dwellings in Nemaha County.
  “A dwelling or non-dwelling that generates wastewater must have an onsite wastewater treatment system that complies with state regulations or be connected to a public sewer system or other wastewater works.”
  Onsite Wastewater Program ↗Re-checked Oct 2, 2026
Agricultural exemptionAvailable (with conditions)
County zoning regulations and permit requirements for agricultural-purpose buildings on qualifying Nebraska farmsteads, and county zoning treatment of residences on farmsteads.
- For purposes of the statute, nonfarm buildings are all buildings except buildings utilized for agricultural purposes on a farmstead of twenty acres or more that produces one thousand dollars or more of farm products each year.
- The county board may decide whether buildings located on farmsteads used as residences are subject to county zoning regulations and permit requirements.
- The exemption concerns county zoning and permit requirements; other applicable state, local, health, septic, floodplain, or safety requirements are not resolved by this statute.
- The statute requires county zoning regulations to be adopted or amended only after adoption of a county comprehensive development plan and receipt of specific planning-commission recommendations.
qualifying farmstead size: >= 20 acres (farmstead used for agricultural purposes) · annual farm products: >= 1000 USD (farmstead must produce at least this amount of farm products each year)
“buildings utilized for agricultural purposes on a farmstead of twenty acres or more which produces one thousand dollars or more of farm products each year.”
Nebraska Revised Statute 23-114.03 — Zoning regulations; purpose; districts ↗Re-checked Oct 5, 2026
One more reviewed finding on this topic
- Available (with conditions) — Agricultural buildings on farmsteads of at least 20 acres producing at least $1,000 of farm products annually, in the context of county zoning regulations and permit requirements.
  “For purposes of this section and section 23-114.04, nonfarm buildings are all buildings except those buildings utilized for agricultural purposes on a farmstead of twenty acres or more which produces one thousand dollars or more of farm products each year.”
  nebraskalegislature.gov ↗Re-checked Sep 11, 2026
Shed and accessory-building permit exemptionAvailable (with conditions)
Nebraska Engineers and Architects Regulation Act professional-licensure exemption for construction, remodeling, alteration, or renovation of qualifying detached one-family through four-family dwellings; incidental detached or attached sheds, storage buildings, and garages are excluded from the finished-space tabulation.
- This is an exemption from involvement of a Nebraska-licensed architect or professional engineer, not an exemption from a building permit, zoning approval, building-code compliance, or other local requirement.
- The statutory dwelling threshold is less than 5,000 square feet of above-grade finished space; the statute allows the Board to increase the exemption by rule, but not beyond the referenced state-building-code Type V, column B limits.
- The Board states that counties and cities may be more restrictive than state law and instructs builders to check local requirements.
statutory above-grade finished-space threshold: < 5000 square feet (For a detached single-family through four-family dwelling; Board rule may increase the exemption within the statutory ceiling.)
“Any detached or attached sheds, storage buildings, and garages incidental to the dwelling are not included in the tabulation of finished space.”
Nebraska Revised Statute 81-3449 — Practice of architecture; exempted activities ↗Re-checked Nov 4, 2026
Subdividing landRegulated (with conditions)
Subdivision in counties containing a city of the primary class, outside areas where a city or village has been granted and is exercising subdivision jurisdiction.
- County-board approval is required before subdivision, platting, or laying out building lots and streets in the described area.
- The county board may designate specific types of plats for approval by the county planning commission or planning director.
- A plat has no force or effect and may not be recorded unless approved by the county board, county planning commission, or planning director.
- The county has no power to regulate when the smallest parcel created is more than ten acres.
- The county may prescribe subdivision standards, require installation of improvements, create public improvement districts, require a good and sufficient bond, and require dedication of land for public purposes.
- The county planning commission approves plats on recommendation by the planning director and county engineer; the county board may withhold approval pending certified installation of required improvements, posting of a sufficient bond, or creation of public improvement districts.
- Appeal procedures may be provided for actions of the county planning commission or planning director.
smallest parcel exemption: > 10 acres (division is not subdivision when the smallest parcel created is more than ten acres)
“Such a county shall have authority within the area described in this subsection (a) to regulate the subdivision of land”
Nebraska Revised Statute 23-174.03 — County zoning; cities of the primary class; subdivision and platting ↗Re-checked Oct 5, 2026
3 more reviewed findings on this topic
- Limited — Development areas in Nemaha County where onsite wastewater systems are proposed on lots smaller than three acres.
  “Prior to construction of a development area where an onsite wastewater treatment system is proposed on any lot less than three acres in size, the owner of the development area will submit an application for subdivision review and receive Department approval for the use of onsite wastewater treatment systems for the development area on a form provided by the Director and include any additional information as requested.”
  Nebraska Administrative Code Title 124 – Onsite Wastewater Treatment Systems ↗Re-checked Sep 26, 2026
- Regulated (with conditions) — Subdivision, platting, or laying out real estate in counties containing a city of the primary class, outside areas where a city or village is exercising subdivision jurisdiction.
  “Such a county shall have authority within the area described in this subsection (a) to regulate the subdivision of land for the purpose, whether immediate or future, of transfer of ownership or building development, except that the county shall have no power to regulate subdivision in those instances where the smallest parcel created is more than ten acres in area,”
  nebraskalegislature.gov ↗Re-checked Sep 11, 2026
- Regulated (with conditions) — Development areas in Nebraska where an onsite wastewater treatment system is proposed on any lot less than three acres
  “prior to construction of a development area where an onsite wastewater treatment system is proposed on any lot less than three acres in size, the owner of the planned development area must submit an application for subdivision review.”
  Onsite Wastewater Program - Nebraska DWEE ↗Re-checked Nov 6, 2026
Driveway accessRequired
New, relocated, or altered private driveways and commercial approach roads connecting to State Highway rights of way.
- No permits will be issued for driveways or approach roads to private property where the Department has acquired all or portions of the rights of access.
- Applications must use the Department-furnished form.
- Hard-surfaced driveway and approach-road applications go to the Department of Roads; unsurfaced driveway applications go to the proper District Engineer's office.
- The driveway or approach road must comply with permit conditions and must not alter highway drainage or side ditches.
- A certified check is required as a guarantee; its amount is determined after application and based on the extent of proposed work.
“Any person desiring to construct a new driveway or approach road or any person desiring to relocate or alter an existing driveway or approach road shall apply for a permit to do so.”
Title 410, Chapter 2 - Driveway and Approach Road Permits ↗Re-checked Sep 11, 2026
Building in a floodplainRequired
All development in a Nebraska floodplain, administered through applicable local floodplain programs under state and federal standards.
- All development in a floodplain requires a permit, including additions and new structures.
- A new structure must meet existing Base Flood Elevation requirements.
- An addition must meet Base Flood Elevation requirements when it is a substantial improvement.
- Substantial improvement means reconstruction, rehabilitation, addition, or other improvement costing 50 percent or more of the structure's pre-improvement market value.
- Development includes human-made changes to improved or unimproved real estate, including construction, modifications, repairs, temporary stream crossings, roads, bridges, school buildings, storage, dredging, paving, filling, and grading.
- Permits must ensure compliance with National Flood Insurance Program requirements, city ordinances, and county resolutions.
substantial improvement threshold: >= 50 percent of pre-improvement market value
“All development in a floodplain, whether an addition or a brand new structure, requires a permit.”
Floodplain Management Q&A: Permits ↗Re-checked Sep 11, 2026
Short-term rentalsLimited
Short-term lodging operations in Nebraska, including hotels, tourist homes, private homes rented in whole or in part, campgrounds, and RV pads or hookups.
- A separate lodging tax permit is required for each hotel.
- The permit is issued only after examination and approval.
- The permit is not assignable and is valid only for the named operator, location, and transaction of business.
- The permit must be conspicuously displayed.
- Operating without a permit or after suspension is a misdemeanor; conviction may result in a fine up to $500 per day.
- The cited state rule addresses lodging-tax permitting and does not establish statewide zoning approval for short-term rentals.
maximum fine for operation without permit after conviction: <= 500 USD per day
“Every person engaged in the business of operating a hotel in this state where the public may, for a consideration, obtain sleeping accommodations, must file an application with the Nebraska Department of Revenue for a Nebraska lodging tax permit.”
Chapter 68 - Lodging Tax ↗Re-checked Sep 11, 2026
Permit feesPublished (with conditions)
Nebraska DWEE air-quality construction permit applications.
- The fee is non-refundable.
- The fee is based on facility-wide potential to emit and the applicable pollutant thresholds.
- Submit the fee with the completed construction permit application.
- Payment must be by check or money order payable to the Nebraska Department of Water, Energy, and Environment; electronic payments are not currently accepted.
fee: 250 USD (Facility-wide PTE less than 50 tons per year of any listed air pollutant, or less than 2.5 tons per year of any single HAP, or less than 10 tons per year of any combination of HAPs.) · fee: 1500 USD (Facility-wide PTE is 50 or more but less than 100 tons per year of any listed air pollutant, or 2.5 or more but less than 10 tons per year of any single HAP, or 10 or more but less than 25 tons per year of any combination of HAPs.) · fee: 3000 USD (Facility-wide PTE is 100 tons or more per year of any listed air pollutant, or 10 tons or more per year of any single HAP, or 25 tons or more per year of any combination of HAPs.)
“Chapter 3, Section 002.01 of Nebraska Administrative Code Title 129 – Nebraska Air Quality Regulations requires that each air quality construction permit application be accompanied by a non-refundable fee.”
Construction Permit Application Fees ↗Re-checked Sep 11, 2026
One more reviewed finding on this topic
- Published (with conditions) — Water well registration fees charged by the Nebraska Department of Water, Energy, and Environment (not building permits)
  “well registration fees as of july 2026: $240 for wells that are designed and constructed to pump 50 gallons per minute or less $280 for wells that are designed and constructed to pump greater than 50 gallons per minute”
  DWEE Groundwater: Landowners/Public ↗Re-checked Nov 6, 2026
county zoning authorityGeneral
Nebraska county boards adopting zoning resolutions for county territory outside incorporated cities and villages and outside areas where a city or village has been granted or ceded zoning jurisdiction and is exercising that jurisdiction.
- The county board may adopt a zoning resolution having the force and effect of law.
- The zoning resolution may regulate buildings, structures, lot coverage, setbacks, yards, population density, building uses, and land uses for agriculture, forestry, recreation, residence, industry, and trade in the unincorporated area of the county.
- The powers may not be exercised within incorporated cities or villages or within an unincorporated area over which a city or village has been granted or ceded zoning jurisdiction and is exercising it.
- A city or village zoning ordinance or amendment controlling an unincorporated area supersedes the county resolution or regulation.
- If a zoning resolution or regulation affects the Niobrara scenic river corridor, the Niobrara Council must act as provided in section 72-2010.
- A county board may not prohibit a qualifying manufactured home solely because it is manufactured, but may impose the listed installation and design standards and may not impose additional standards unless uniformly applied to all single-family dwellings in the zoning district.
- Special districts or zones may be established in areas subject to seasonal or periodic flooding.
“to adopt a zoning resolution, which shall have the force and effect of law;”
Nebraska Revised Statute 23-114 ↗Re-checked Sep 21, 2026
county building authorityGeneral
Nebraska counties adopting, administering, enforcing, and requiring permits under local building or construction codes for buildings, including residential construction, in unincorporated areas.
- A county may enact, administer, or enforce a local building or construction code only if it adopts the state building code or adopts a building or construction code that conforms generally with the state building code.
- A local code may include special or differing standards only within the statutory conformity rules, including standards addressing construction costs, safety, durability, efficiency, best practices, or special local conditions.
- A local code must be regularly updated; generally, the most recently enacted state building code or a conforming code must be adopted within two years after an update to the state building code.
- If a county does not adopt a code as authorized within two years after an update to the state building code, the state building code applies in the county, except that it does not apply to construction on a farm or for farm purposes.
- A county may adopt administrative amendments concerning enforcement organization, staff qualifications, plan examination, inspections, appeals, permits, and fees, and may publish those amendments separately from the code.
- Under section 23-172, county-adopted codes and the building-permit or occupancy-permit requirements imposed by those codes or sections 23-114.04 and 23-114.05 apply throughout the county except within incorporated cities or villages and except within an unincorporated area where a city or village has been granted zoning jurisdiction and is exercising that jurisdiction.
- Under section 23-114.04, permits are required before erection, construction, reconstruction, alteration, repair, or conversion of a nonfarm building or structure within a zoned area; a permit may be withheld when the proposed purpose conflicts with applicable district zoning regulations.
- Section 23-114.04 permits reasonable county permit-fee schedules and requires written plans, including sanitation, plumbing, and sewage-disposal information, that fully conform to zoning regulations before permits issue.
- Section 23-172 states that nothing in that section creates an obligation for the county to inspect plumbing work to determine compliance with the plumbing code.
“Any county, city, or village may enact, administer, or enforce a local building or construction code if or as long as such county, city, or village: (i) Adopts the state building code; or (ii) Adopts a building or construction code that conforms generally with the state building code.”
Nebraska Revised Statute 71-6406 — County, city, or village; building code; adopt; amend; enforce; copy; fees ↗Re-checked Oct 5, 2026

Set by your township or city, not the county

In Nebraska, zoning is adopted by each township or city, so Nemaha County has no county-wide answer on these. Find your township or city in the list of places on this page, or call its clerk or zoning administrator.

Minimum lot size
Building height
Living in an RV
Accessory dwellings

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.

Living off-grid in Nemaha County, Nebraska

Is Nemaha County a good place to live off-grid or homestead?

Nemaha County scores 50/100 on the Bolthole Index, a solid county profile. Its strengths: manageable long-term carry cost. Watch-outs: workable self-sufficiency basics (33.5″/yr rainfall).

How much does land cost in Nemaha County, Nebraska?

Land in Nemaha County runs about $6,778 per acre, based on the latest county data.

What is the water situation in Nemaha County?

Nemaha County gets about 33.5" of rain a year, with severe drought in roughly 8.1% of years.

How remote is Nemaha County?

A representative private-land location has about 19,361 people within a 30-minute drive and 2,094,690 within two hours. The road-network catchments count population across county lines and clusters of smaller cities; straight-line radius values remain available as a comparison.

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