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Elko County, NV Building Setbacks & Zoning: Structure Height Limits (2026)

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

Key Facts

AR district
Three (3) stories or forty feet (40'); accessory twenty five feet (25')
R1 district
Two and one-half (2 1/2) stories or thirty five feet (35')
R1 accessory building
Fifteen feet (15')
R2 district
Four (4) stories or fifty feet (50')
R3 and AR-CRD districts
Forty feet (40')
Exempt features
Chimneys, church spires or flagpoles (§ 4-8-3)

Summary

In the AR agricultural-residential district of unincorporated Elko County, Nevada, no building or structure can exceed three (3) stories or forty feet (40'), and an accessory building tops out at twenty five feet (25'). R1 homes are held to two and one-half (2 1/2) stories and thirty five feet (35'), and R2 buildings to four (4) stories and fifty feet (50').

These county ordinances apply to unincorporated areas of Elko County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(E) Building Height: No building or structure shall have more than three (3) stories or a height in excess of forty feet (40'). No accessory building shall have a height in excess of twenty five feet (25').

Full Breakdown

Section 4-2-3(E) governs the AR agricultural-residential district, the rural zone for homes on parcels of at least one acre: no building or structure shall have more than three (3) stories or a height in excess of forty feet (40'), and no accessory building shall have a height in excess of twenty five feet (25').

The residential districts print their own ceilings. In R1 (§ 4-3-2(F)), no dwelling shall have more than two and one-half (2 1/2) stories or a height in excess of thirty five feet (35'), and no accessory building shall have a height in excess of fifteen feet (15'). In R2 (§ 4-3-3(F)), no building shall have more than four (4) stories or a height in excess of fifty feet (50'). In R3 (§ 4-3-4(F)) and both conservation reserve districts (§§ 4-2-5(F) and 4-2-6(F)), no building shall have a height of more than forty feet (40').

Chapter 8 trims and adds to those numbers. Section 4-8-3 states that the height limitations of the title shall not apply to such features as chimneys, church spires or flagpoles. Section 4-8-6(C) separately says no detached accessory building shall be located within five feet (5') of any building or have a height in excess of fifteen feet (15'). An owner planning an accessory building taller than that on an AR parcel is working between that fifteen foot figure and the twenty five foot figure in § 4-2-3(E), and should settle the question with the division of planning and zoning before drawing plans. In R1, a dwelling extension into the rear yard cannot exceed one story in height under § 4-3-2(H).

The code enforcement officer for the division of planning and zoning enforces the title under § 4-9-13. The corrective actions listed there include application for and obtaining a variance, zone change or conditional use permit appropriate to the use on the property.

Violations & Fines

A building built above the district ceiling violates Title 4, which § 4-9-14(A) declares a public nuisance and § 4-9-14(B) makes a misdemeanor: a fine of not more than one thousand dollars ($1,000.00), not more than six (6) months in jail, or both. Each day is a separate offense, and conviction does not remove the duty to correct the condition.

Frequently Asked Questions

How tall can a house be on an AR parcel in unincorporated Elko County?
Section 4-2-3(E) allows no more than three (3) stories or a height in excess of forty feet (40') for any building or structure in the AR district. Accessory buildings are capped separately at twenty five feet (25').
What is the height limit for a home in the R1 district?
Section 4-3-2(F) says no dwelling in an R1 district shall have more than two and one-half (2 1/2) stories or a height in excess of thirty five feet (35'). Any accessory building in R1 is limited to fifteen feet (15').
Do chimneys count against the height limit?
No. Section 4-8-3 states that the height limitations of Title 4 shall not apply to such features as chimneys, church spires or flagpoles. The exemption names those features, so the main roof of the building stays subject to the district ceiling.
What is the height limit in R2 multi-family districts?
Section 4-3-3(F) says no building in an R2 district shall have more than four (4) stories or a height in excess of fifty feet (50'). That is the tallest residential ceiling in the code, set against forty feet (40') in R3 and the AR-CRD districts.

Sources & Official References

Other rules in Elko County

All Elko County rules

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