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Douglas County, NE Building Setbacks & Zoning: Structure Height Limits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Max height, R-1 district
35 feet
Max height, R-3 multi-family
48 feet
Measured from
established grade to highest point
Applies to
unincorporated county only, not Omaha
Violation penalty
Class III misdemeanor (§ 13.12)

Summary

Unincorporated Douglas County caps single-family homes in the R-1 low-density district at 35 feet, measured from established grade to the roof's highest point; homes inside Omaha follow the city's own code instead.

City-specific rules exist: Omaha has its own structure height limits rules that differ from Douglas County's county-level regulations. If you live in Omaha, check the city-specific page instead.

4.14 R-1 Urban Residential Low-Density District ... TABLE 4.3 – Site Development Regulations ... Maximum Height (feet) 35 35 35

Source: Omaha Muni Code Ch. 55View official code

Full Breakdown

Douglas County Zoning Regulations § 4.14 sets Table 4.3's maximum building height at 35 feet for 1-family detached, 1-family attached, and other permitted uses in the R-1 Urban Residential Low-Density District. The same 35-foot cap applies in the AG, RR, and R-2 districts; the higher-density R-3 district allows multi-family buildings up to 48 feet under § 4.16, Table 4.6. Height is measured under § 4.11(E) from established grade to the highest point of the building. These rules govern only unincorporated Douglas County. Omaha, Bennington, Valley, Waterloo, and Ralston each enforce their own separate municipal zoning code.

Violations & Fines

Building without a permit or exceeding the height cap violates § 13.12; the Zoning Coordinator can order corrective action, and each violation is a Class III misdemeanor, with every 24 hours of continued violation a separate offense.

Frequently Asked Questions

Does the 35-foot limit apply inside Omaha?
No. These are Douglas County's zoning regulations for the unincorporated area only. Omaha, Bennington, Valley, Waterloo, and Ralston each administer their own municipal zoning code with separate height rules.
Can a homeowner build taller than 35 feet in the R-1 district?
Only with a variance from the Board of Adjustment. Section 4.08 requires every structure to conform to its district's Table 4.3 regulations unless a written variance is granted.

Sources & Official References

Other rules in Douglas County

All Douglas County rules

Compare Douglas County to another location·View the Nebraska building setbacks & zoning overview

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