Omaha, NE Building Safety: Building Permits (2026)
Key Facts
- Permit trigger
- Any new deck construction
- Patio exemption
- Under 200 sq ft, outside front yard
- Deck exemption
- Board replacement only
- Side setback for decks/patios
- 3 ft from side lot line
- Unpermitted work penalty
- Fee per Table 43-91
Summary
Omaha requires a building permit for new decks, but small patios under 200 sq ft outside the front yard are exempt.
Except as specified in section 43-72 of this Code, no building or structure regulated by this Code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the building official. ... A building permit shall not be required for the following: ... New concrete or asphalt paving when the total area is less than 200 square feet and it is not located within the front yard setback.
Full Breakdown
Under Omaha Municipal Code § 43-71, any structure that is erected, constructed, enlarged, or altered needs a separate building permit from the building official before work starts: that covers new deck construction. Section 43-72 then lists narrow exemptions: deck board replacement counts as routine maintenance and needs no permit, and new concrete or asphalt paving (patios) is exempt only when the area is under 200 square feet and sits outside the front yard setback. Any deck project beyond board replacement, or any patio at 200 square feet or more, has to go through permitting. Built decks and patios still must meet Chapter 55 zoning setbacks: uncovered decks and patios under two feet high can project up to ten feet into a required yard but must stay at least three feet off the side lot line (§ 55-782(b)(2)).
Violations & Fines
Building without a required permit triggers a special investigation and a penalty fee under the city's permit fee table (Table 43-91) on top of the normal permit fee, and the owner must still bring the work into code compliance.
Frequently Asked Questions
Do I need a permit to build a new deck in Omaha?
Is a concrete patio exempt from a permit?
Sources & Official References
Other rules in Omaha
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