On this page 6
When a permit is required
Permit triggers and exempt work for Custer County
Under Nebraska Revised Statute § 23-114, county boards must require permits prior to erection, construction, reconstruction, alteration, repair, or conversion of any nonfarm building or structure within a zoned area. Custer County has adopted zoning regulations and requires zoning/land use permits for new dwellings, commercial businesses, feedlots, grain storage structures, towers, signs, bulk plants, home-based businesses, and additions to any of these uses.
- Exempt Agricultural buildings: Structures utilized for agricultural purposes located on a farmstead of 20 or more acres that produces $1,000 or more of farm products per year are exempt from the county zoning permit requirement per Nebraska Revised Statute § 23-114.03. This exemption is highly significant in Custer County given its dominant ranching economy. CAUTION: The exemption does NOT apply to residential dwellings (even on qualifying farm properties), commercial or industrial structures not directly serving an agricultural function, structures on parcels under 20 acres, or parcels producing less than $1,000/year in farm products.
Note: Exempt from county zoning permit does not mean exempt from state environmental permits (floodplain, stormwater NOI, septic). Federal and state environmental permits remain independently required regardless of exemption status. Residential dwellings, even on qualifying farm properties, are NOT exempt and require a zoning permit.
- Completed Zoning Permit Application
- Plot plan/site plan showing property lines, existing structures, proposed structure location, and setback distances from all property lines
- Floor plan of proposed structure
- Elevation drawing of proposed structure
- Evidence of septic/OWTS permit or compliance if a dwelling
- Evidence of floodplain compliance if in or near Special Flood Hazard Area (SFHA)
- Building code
- Custer County (unincorporated) has NOT adopted a residential building code. There is no mandatory structural plan review or building inspection program for unincorporated residential construction. Nebraska's 2018 Building Code (IBC 2018 base) and 2018 Residential Code (IRC 2018 base) apply primarily to state-owned buildings and commercial/public buildings under Nebraska State Fire Marshal jurisdiction.
- Permit validity
- Not publicly stated. Contact the Planning and Zoning Office for permit validity and expiration rules.
- Owner-builder
- Nebraska has no statewide mandatory general contractor license requirement. Property owners may construct their own single-family residences. However, electrical work requires either a licensed electrical contractor or an owner-occupant homeowner electrical permit through the Nebraska State Electrical Division (NSED). Plumbing licensing rules are set locally.
- Contractor requirements
- Nebraska Contractor Registration Act requires all contractors and subcontractors with one or more employees to register with the Nebraska Department of Labor ($25/year fee; Workers' Compensation Certificate of Insurance required). Sole proprietors with no employees paying others more than $3,000/year are exempt.
Application process
Typical processing: Not publicly stated. Contact the Planning and Zoning Office for current turnaround estimate.
- 01 Determine whether your parcel is within an incorporated city or village limit. If so, contact that municipality—the county does not have permit authority within incorporated limits. Use the County Assessor's GIS or contact the Planning and Zoning Office to confirm jurisdiction.
- 02 Confirm whether the project qualifies for the agricultural building exemption (see General Requirements below). If the structure is agricultural, the farmstead is 20+ acres, and it produces $1,000+/year in farm products, no county zoning permit is required.
- 03 Confirm whether your property is in a FEMA Special Flood Hazard Area (Loup River floodplain or tributary). If so, obtain a floodplain development permit from the Custer County floodplain administrator before proceeding with building permit application.
- 04 For non-exempt construction requiring a zoning permit, contact the Planning and Zoning Office at (308) 872-2410 or zoning@custercountyne.gov to discuss the project and obtain the correct application form.
- 05 Prepare required documents: completed Zoning Permit Application, plot plan/site plan, floor plan, elevation drawing, evidence of septic/OWTS permit or compliance if a dwelling, and evidence of floodplain compliance if in or near SFHA.
- 06 Submit application and all required documents in person at the Planning and Zoning Office (Custer County Courthouse, 431 South 10th Ave, Broken Bow).
- 07 Pay permit fee at time of submission.
- 08 For any project disturbing 1+ acre, file Notice of Intent (NOI) with NDEE for Construction Stormwater Permit at least 7 days before grading begins.
- 09 Post zoning permit on job site and begin construction.
Typical processing time: Not publicly stated. Contact the Planning and Zoning Office for current turnaround estimate.
Fee schedule
Effective March 20, 2019
Likely cash or check in person. Confirm accepted payment methods before visiting.
Fees change periodically. Confirm at the official fee schedule ↗ (effective March 20, 2019) before budgeting.
Required inspections
Scheduling and sequence
Typical sequence: Structural building inspections: Custer County does NOT operate a building inspection program for residential structures in unincorporated territory. There is no county building inspector who conducts framing, foundation, or final inspections on residential projects.
Frequently asked
Common questions about unincorporated Custer County permits
01 Do I need a building permit in unincorporated Custer County, NE? ▸
02 How do I apply for a building permit in unincorporated Custer County, NE? ▸
03 How long does it take to get a building permit in unincorporated Custer County, NE? ▸
04 What work is exempt from building permits in unincorporated Custer County, NE? ▸
Educational reference. Permit rules and fees change — confirm current requirements directly with Custer County Planning and Zoning before applying. Jaspector is not legal advice.