Douglas County, NE Building Safety: Building Permits (2026)
Key Facts
- Max yard projection
- 10 feet
- Height cutoff for exception
- 2 ft above/below grade
- Side lot setback
- 3 feet minimum
- Street setback
- 20 feet minimum
- Geographic scope
- Unincorporated county only
Summary
In unincorporated Douglas County, a low uncovered deck or patio can project up to ten feet into a required yard, but it still must clear a three-foot side setback and a twenty-foot street setback.
Terraces, patios, uncovered decks, and ornamental features which have no structural element more than two feet above or below the adjacent ground level may project ten feet into a required yard. However, all such projections must be set back at least three feet from an adjacent side lot line; or twenty feet from any street property line.
3. Fire escapes, fireproof outside stairways, and balconies opening to fire towers may project a maximum of 3 1/2 feet into required yards, provided that they do not obstruct the light and ventilation of adjacent buildings. Page 1 of 8
4. For buildings constructed upon a front property line, a cornice may project into public right of way. Maximum projection is the smaller of four feet or five percent of the right of way width.
5. In commercial districts, a canopy may extend into a required front yard, provided that the canopy is set back at least five feet from the front property line, covers less than fifteen percent of the area of the required front yard, and has a vertical clearance of at least eight feet six inches.
6. Lamp posts with a maximum height of ten (10) feet, and flag poles up to maximum height of the base district regulations may be located within required yards, provided they are set back at least five (5) feet from property lines.
7. Accessory Buildings
a. No accessory building shall be constructed upon a lot until construction of the main building has commenced.
Full Breakdown
Douglas County's Zoning Regulations don't set a single size trigger for a deck or patio permit; instead they control how close the structure may sit to your property lines. An uncovered deck, patio, or ornamental feature with no structural element rising more than two feet above or below adjacent grade qualifies for a yard-setback exception: it may extend up to ten feet into a required yard. Even with that exception, the projection must stay at least three feet off a side lot line and twenty feet off any street property line. Taller or covered decks lose the projection allowance and must meet the zoning district's full required yard setback instead. This applies only in unincorporated Douglas County. Omaha, Bennington, Valley, Waterloo, and Ralston each enforce their own municipal codes, not this regulation.
Violations & Fines
The Zoning Coordinator investigates complaints and issues a written notice ordering correction of a setback violation. A violation that isn't abated is a Class III misdemeanor, and every 24 hours it continues counts as a separate offense.
Frequently Asked Questions
Does this rule apply if I live in Omaha?
How close to my property line can a low deck or patio go?
Sources & Official References
Other rules in Douglas County
Compare Douglas County to another location·View the Nebraska building safety overview
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