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Lancaster County, NE Accessory Structures: ADU Rules (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

ADU rules in Lancaster County, NE, also called accessory dwelling unit regulations or granny flat ordinances, cover setbacks, owner-occupancy, parking, and permit requirements.

Key Facts

Minimum lot size
20 acres in the AG district
Size cap
1,000 sq ft or 40% of main house
Bedroom cap
2 bedrooms maximum
Owner occupancy
Required in main house or ADU
Deed restriction
Filed with Register of Deeds before permit
Detached ADU distance
Within 200 feet of main house
Adopted
Resolution No. R-18-0094, Dec. 18, 2018

Summary

One accessory dwelling unit per lot is allowed by special permit on Lancaster County acreage of 20 acres or more, capped at 1,000 square feet or 40 percent of the main house, with the owner required to live on site under Zoning Resolution § 13.050.

City-specific rules exist: Lincoln has its own adu rules rules that differ from Lancaster County's county-level regulations. If you live in Lincoln, check the city-specific page instead.

One accessory dwelling unit per lot may be allowed by special permit in the AG zoning district under the following conditions: The lot area shall be 20 acres or larger. ... The total square footage of the ADU shall not exceed the lesser of 1,000 square feet or 40% of the square footage of the principal dwelling, excluding the garages, carports, and space used for mechanical equipment, such as heating, utilities and water heater or pumps. ... No more than two (2) bedrooms are allowed in the ADU. ... The owner of the lot is required to live on the property in either the principal dwelling or the ADU. The owner of the lot shall file with the Register of Deeds, a deed restriction agreement on the property stating that the accessory dwelling cannot be sold separately from the principal dwelling. ... A detached ADU shall be located a distance no greater than 200 feet from the principal dwelling and must not be closer to the street right-of-way than the principal dwelling.

Full Breakdown

050, adopted by Resolution No. R-18-0094 in December 2018, allows one accessory dwelling unit per lot by special permit in the AG zoning district, on a lot of 20 acres or larger, counting abutting section-line and half-section-line road right-of-way toward that minimum. The ADU's total square footage cannot exceed the lesser of 1,000 square feet or 40 percent of the principal dwelling's square footage, excluding garages, carports and mechanical equipment space, with that principal-dwelling figure locked in as of the date the special permit application is filed.

No more than two bedrooms are allowed in the unit. The lot owner must live on the property, in either the principal dwelling or the ADU, and must file a deed restriction agreement with the Register of Deeds, satisfactory to the County Attorney, barring the ADU from ever being sold separately from the principal dwelling; that filing must happen before any building permit issues for the ADU. The ADU must share the same access point to the public or private street as the principal dwelling and must meet the same setbacks as the district requires for the principal dwelling, with a height that cannot exceed either the district limit or the principal dwelling's own height, whichever is lower.

A detached ADU cannot sit more than 200 feet from the principal dwelling and cannot sit closer to the street right-of-way than the principal dwelling does. Utilities must be shared with the principal dwelling unless the owner demonstrates a practical problem tied to topography or another unique site condition.

Violations & Fines

The Planning Commission, and the County Board on appeal, may amend most conditions of an approved ADU special permit or add further conditions tied to public health, safety and welfare, but the resolution specifically withholds that flexibility from the owner-occupancy requirement and the deed-restriction filing, meaning those two conditions cannot be waived or loosened once the permit is granted. Selling the ADU separately from the principal dwelling in violation of the recorded deed restriction, or occupying the property without the owner living in either unit, places the property out of compliance with its special permit and exposes it to the Article 13 enforcement and revocation process.

Frequently Asked Questions

How big can an accessory dwelling unit be on Lancaster County acreage?
Section 13.050 caps it at the lesser of 1,000 square feet or 40 percent of the principal dwelling's floor area, excluding garages and mechanical equipment space, and limits it to two bedrooms.
Can I sell the ADU separately from my house?
No. The owner must file a deed restriction agreement with the Register of Deeds before getting a building permit, and that agreement permanently bars selling the accessory dwelling unit apart from the principal dwelling.
Do I have to live on the property to build an ADU?
Yes. Section 13.050 requires the lot owner to live in either the principal dwelling or the ADU itself, and this owner-occupancy condition is one of only two conditions the Planning Commission cannot waive.
How far can a detached ADU be from my main house?
No more than 200 feet, and the detached unit cannot sit closer to the street right-of-way than the principal dwelling does, under the site-placement rules in Section 13.050.

Sources & Official References

Other rules in Lancaster County

All Lancaster County rules

How Lancaster County compares: Easiest Cities to Build an ADU·Compare Lancaster County to another location·View the Nebraska accessory structures overview

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