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Omaha, NE Right to Farm: Agricultural Zoning Protection (2026)

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

Key Facts

District purpose
Encourage a vigorous agricultural industry (Sec. 55-81)
Anti-leapfrog rule
Blocks premature rural development (Sec. 55-83)
Minimum lot size
20 acres in the AG district
Farmstead exception
1-acre home lot via conditional use permit
Coverage cap
5% building / 10% impervious coverage
Feedlots
Commercial feedlots need a conditional use permit

Summary

Omaha's AG agricultural zoning district exists specifically to keep farming viable inside city limits. Section 55-81 lists encouraging 'a vigorous agricultural industry within the city's zoning jurisdiction' as an express purpose, and Sec. 55-83 designs the district to block premature, 'leapfrog' development into rural land not yet served by public facilities, steering growth toward areas already urbanized instead.

Sec. 55-81. - General purpose. The agricultural district is included in this chapter to achieve the following objectives: ...(b)To encourage a vigorous agricultural industry within the city's zoning jurisdiction. ...

Sec. 55-83. - Purpose. The AG agricultural district is intended to encourage and continue agricultural and rural uses in outlying parts of the city's zoning jurisdiction. The AG district is designed to prohibit premature and "leapfrog" development into rural areas not fully served by public facilities and to ensure that such development occurs adjacent to previously urbanized or urbanizing areas.

Sec. 55-88. - Additional regulations. (d)Farmstead lots.(1)A single-family residence may be allowed on a platted lot of less than 20 acre with approval of a conditional use permit if the following conditions exist:a.The minimum lot area shall be one acre.b.The remainder of the parcel must be over 20 acres.c.The residential structure must be at least five years old.d.The residential structure must be the primary residence associated with crop production, animal production or commercial feedlot use.

Full Breakdown

The AG district sits at the outer edge of Omaha's zoning jurisdiction, and its purpose sections do the work a right-to-farm ordinance would do elsewhere: Sec. 55-81 commits the city to 'encourage a vigorous agricultural industry' and to 'prevent premature urban development in areas which are not adequately served by public facilities,' while Sec. 55-83 specifically bars 'premature and "leapfrog" development into rural areas not fully served by public facilities' and requires new development to occur 'adjacent to previously urbanized or urbanizing areas.' Permitted uses under Sec. 55-84 include horticulture, crop production and animal production outright, alongside kennels, stables, a single-family detached home, and wind energy conservation systems; commercial feedlots and single-family homes on parcels under 20 acres need a conditional use permit under Sec. 55-85, and resource extraction needs a special permit under Sec. 55-86.

Site development standards in Sec. 55-87 set the district's minimums: a 20-acre minimum lot, 300-foot minimum lot width, a 35-foot height cap, a 50-foot front yard, and coverage capped at 5 percent building and 10 percent impervious. Because a working farm often needs a house on a smaller carved-out parcel, Sec. 55-88(d) creates a 'farmstead lot' exception: a conditional use permit can put a single-family residence on as little as one acre if the remaining parcel stays over 20 acres, the house is at least five years old, and it functions as 'the primary residence associated with crop production, animal production or commercial feedlot use.' The same section lets the planning board or city council waive the building- and impervious-coverage limits for qualifying conditional or special permit uses, and it allows cluster subdivisions down to one-acre lots, minimum 20-acre total and minimum three lots, where the health department approves the water supply and septic system.

Violations & Fines

Chapter 55 does not carry a separate AG-district fine; using land in the AG district contrary to its permitted, conditional or special-use list is enforced as a zoning violation under the Code's general penalty, Sec. 1-10, a fine up to $500.00, up to six months imprisonment, or both, with each day of continued violation counted separately. Unpermitted farmstead lots or feedlots can also be denied a building or occupancy permit.

Frequently Asked Questions

Does Omaha have a right-to-farm law protecting agricultural land?
Omaha's protection for farming comes through zoning rather than a nuisance-immunity statute: the AG agricultural district's purpose sections, Secs. 55-81 and 55-83, commit the city to 'encourage a vigorous agricultural industry' and to block 'premature and "leapfrog" development into rural areas not fully served by public facilities,' steering new subdivisions toward already-urbanized land instead of farmland.
Can I build a house on a small lot carved out of my Omaha farm?
Yes, under the farmstead lot exception at Sec. 55-88(d). A conditional use permit can put a single-family home on as little as one acre if the remaining parcel is over 20 acres, the house is at least five years old, and it serves as the primary residence for crop production, animal production or a commercial feedlot.
How big does a lot have to be in Omaha's AG district?
Section 55-87 sets a 20-acre minimum lot area and 300-foot minimum lot width for the AG district, with building coverage capped at 5 percent and impervious coverage at 10 percent. Cluster subdivisions can bring individual lots down to one acre, but only within a 20-acre-minimum, three-lot-minimum subdivision approved for water and septic by the health department.

Sources & Official References

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