NE Statutes

Below is information on Nebraska Statutes that apply to Building Permits. Please visit the Nebraska Legislature website for a more thorough explanation. The information below is not intended to replace or substitute information for or represent actual Douglas County Zoning and/or Building Code Regulations.

NE Statute 23-114.04:

1. The Zoning regulations will be enforced by the County Board by requiring permits prior to the:
   
   
   
   • erection
   • construction
   • reconstruction
   • alteration
   • repair
   • conversion of any nonfarm building or structure within a zoned area

   The County Board has the right to withhold any permit if the purpose of the permit conflicts with zoning regulations adopted for a particular district in which the building or structure is situated or in which it is proposed to be erected. Approval by the County Planning Commission must be given subdivision jurisdiction for all plats for subdivisions in the area outside the corporate limits of the city of Omaha and outside of an unincorporated area.

2. The county may establish and appoint a county zoning administrator, who may also serve as a building inspector. He will have his own fee schedule and is authorized to appoint any administrative official of the county to assume the functions necessary in addition to his regular duties.
   
   The county board may also fix a reasonable schedule of fees for the issuance of permits under the provisions of the section above. The permits shall not be issued unless the plans for the following are filed in writing in the building inspector's office.

• the proposed erection
• construction
• reconstruction
• alteration
• use or change of use, including sanitation, plumbing and sewage disposal

County Zoning Regulation, Section 24:

B. Building Permit Required

It shall be unlawful to commence or do any of the following until a building permit has been issued by the Building Inspector stating that the proposed use of the building or land conforms to this regulation.

• excavating
• erecting
• constructing
• reconstructing
• enlarging
• altering
• moving of any building or structure
• permitting the use of occupancy of any building, land or premises
• construction or connection to water or sewer facilities wholly or partly altered or enlarged in its use or structure

The Building Inspector may issue a temporary building permit for uses in any district for the above purpose provided that such use be of a temporary nature and does not involve the erection of substantial buildings.

Such permit shall be granted in the form of a temporary and revocable permit for not more than six months subject to conditions as will safeguard the public health, safety and general welfare.

C. Application for Building Permit

Written applications on forms furnished by the Building Inspector may be required.  The paperwork needs to be submitted and accompanied by plans in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon or to be changed. in its use, in whole or in part, the exact location, existing and intended use of each building or structure or part thereof, the number of families or housekeeping units the building is designed to accommodate and when no buildings are involved, the location of the present use and proposed use to be made of the lot, existing and proposed water and sanitary sewer facilities, as may be necessary to determine and provide for the enforcement of this regulation.

A copy of plans will be returned to the owner after approval by the Building Inspector. All dimensions shown on these plans relating to the location and size of the lot to be built upon, shall be based on actual survey. The lot and the location of the building shall be staked out on the ground before construction is started.

The Building Inspector shall issue a written permit, or denial, with reasons in writing within fifteen (15) days from the date of the acceptance of the application. Appeal may be made in accordance with Section 25 of this regulation.

The permit will expire within 90 days if the work has not been started. An extension needs to be obtained in writing from the Building Inspector if the work has not been completed within one year from the date of the permit.