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Lancaster County, NE Environmental Rules: Erosion Control (2026)

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

Key Facts

Districts allowed
AG and AGR only, by special permit
Erosion controls required
Retention and sediment basins
Open-area cap
20 acres at any one time
Reclamation deadline
9 months after excavation completes
Final slope requirement
Flatter than 3-to-1
Reclamation bond
$525 per disturbed acre
Operating hours
Daylight, Monday through Saturday only

Summary

Anyone seeking a special permit to excavate clay, sand, gravel or stone on more than an acre in Lancaster County's AG or AGR districts must build retention and sediment basins and restore the site within nine months of finishing, under Zoning Resolution § 13.019.

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

Erosion controls, including retention and sediment basins shall be provided during excavation in conformance with State and Federal standards and County land erosion and sediment control regulations to prevent a change in the character of runoff onto adjacent land. ... Within nine months after the completion of excavation on any portion of the site, all cuts shall be returned to a slope of less than three to one, the topography and soils shall be restored and stabilized, and the land shall be graded, seeded, and sodded so as to prevent erosion and siltation, and to protect the health, safety and general welfare of the public.

Full Breakdown

019 governs excavation, defined as removing clay, soil, limestone, sandstone, sand or gravel, plus associated stone milling, from a project site over one acre. It is allowed only by special permit in the AG and AGR districts, reviewed by the Planning Commission and, on appeal, the County Board. Applicants must submit a site plan, grading map, and a groundwater hydrologist's report whenever the operation sits within 1,000 feet of a private well, 2,000 feet of a community well, or is designed to leave a non-draining excavated hole.

Once approved, the permit requires erosion controls, including retention and sediment basins, built to state and federal standards and county erosion and sediment control regulations, so runoff character onto adjacent land does not change. No more than 20 acres may be open for operations at one time, and topsoil must be stockpiled for redistribution when work finishes. Within nine months of completing excavation on any portion of the site, cuts must be regraded to a slope flatter than three-to-one, soils restored and stabilized, and the land seeded and sodded to stop erosion and siltation.

Dust must be controlled to meet Lincoln-Lancaster County Air Pollution Control Program regulations, and operating hours are limited to daylight, Monday through Saturday. A posted 32-square-foot sign must list the special permit number and contact information for the landowner, operator and the Building and Safety Department.

Violations & Fines

Before any excavation begins, the permittee must obtain a certificate of operation from the Director of Building and Safety, issued only after an inspection confirms every pre-operation condition is met. Operations that have not started within one year of permit approval cause the special permit to terminate and become null and void. A penal bond of $525 per acre disturbed is required to guarantee compliance with the final reclamation plan, and a private engineer must certify at closure that grading and reclamation match the approved plans before the bond is released. Permittees are also subject to an applicant-funded annual site inspection by Building and Safety, which reviews compliance and any public complaints, and the Planning Commission may add or modify conditions to protect surrounding property.

Frequently Asked Questions

Can I dig a gravel pit on my Lancaster County acreage without a permit?
No. Section 13.019 requires a special permit from the Planning Commission for any excavation removing clay, soil, limestone, sandstone, sand or gravel from more than an acre, and it applies only in the AG and AGR zoning districts.
What has to happen to the land after excavation ends?
Within nine months of finishing excavation on any part of the site, the operator must regrade cuts to a slope flatter than three-to-one, restore and stabilize the soil, and seed and sod the ground so it does not erode or wash sediment onto neighboring land.
Does the county require money up front to guarantee cleanup?
Yes. Before operations start, the permittee must post a penal bond of $525 per acre intended to be disturbed, and a private engineer must certify final grading and reclamation before the county releases that bond.
How much of the site can be actively mined at once?
No more than 20 acres of the site may be open for excavation operations at any one time under Section 13.019, and surface water must not be allowed to pond unless the county specifically approves it.

Sources & Official References

Other rules in Lancaster County

All Lancaster County rules

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