Building permits, zoning and land rules in Butler County, Nebraska

At a glance

Building permit

No county residential permit program is in place, but the county FAQ describes a plan-submission process; the state building code still applies by default²³⁴

Zoning

No countywide zoning, minimum dwelling size or minimum lot size is in force in unincorporated areas; proposed rural districts are not confirmed as adopted¹⁸⁹⁶

Septic

The Nebraska Onsite Wastewater Program administers systems statewide; most typical systems use Authorization by Rule and all changed systems must be registered⁵¹⁰

Owner-builder

Doing your own construction work exempts you from Nebraska's Contractor Registration Act, but not from any applicable building or septic permit¹¹¹²

Farm buildings

Construction on a farm or for farm purposes is exempt from the state building code, and farm buildings on a 20+ acre farmstead earning $1,000+ a year can be exempt from county zoning too¹³¹⁴

Manufactured homes

If Butler County adopts zoning, state law would let the county board require a 900-square-foot minimum and site-built-style standards for manufactured homes¹⁵

Driveway access

A driveway connecting to a state highway needs a Nebraska Department of Transportation permit¹⁶

Who to call

Contact details are copied from each office’s official page and were checked against it on October 9, 2026.

Do you need a building permit in Butler County, Nebraska?

Butler County appears to have no residential building-permit program in place for unincorporated land². Nebraska's state building code nevertheless applies by default where a county has not adopted a qualifying local code after a state-code update⁴. Construction on a farm or for farm purposes is outside that default state-code rule¹³. Butler County's FAQ separately says a building-permit application needs two identical plan sets containing a plot plan plus footing, wall, roof and floor details³. The FAQ does not identify the reviewer or explain which projects need that packet, so give the County Clerk the property's legal description and address and ask what applies¹⁷.

Who handles building permits in Butler County, and how do you reach them?

Butler County has no separate building or zoning department, so the County Clerk's Office is the practical front door for a building-permit question¹⁷. Reach the Clerk's Office at 451 N. 5th Street, David City, NE 68632, phone 402-367-7430, or clerk@butlercountyne.gov¹⁷. The County Clerk serves as secretary to both the County Board of Supervisors and the Planning Commission, making that office the right place to ask whether the FAQ plan packet, proposed zoning or temporary moratorium affects a parcel¹⁷. Bring the legal description, site address and intended use because the county FAQ does not establish the full permit process or which projects require its plan packet³. Farm-purpose construction is excluded from the default state building-code provision, but that exception does not erase separate septic, access or floodplain requirements¹³.

Does Butler County have zoning?

Butler County has no countywide zoning ordinance in force for unincorporated land¹. Unincorporated Butler County therefore has no county zoning setbacks, lot-coverage limits or building-height limit, and no county zoning-based minimum dwelling size or minimum lot size⁸⁹, although municipal zoning and separate floodplain, septic, roadway and state building rules can still apply¹⁸¹⁹²⁰. The Planning Commission has published proposed rural zoning districts and a proposed classification map, but publication does not mean they have been enacted⁶. The County Board approved Resolution 2026-07 on March 16, 2026, a temporary development moratorium connected with the planning process, and the available material does not establish its full duration⁷. Planning Commission minutes from September 2026 still describe the zoning regulations as not yet adopted²¹. Cities such as David City adopt their own zoning, which does not reach unincorporated land⁷. Ask the County Clerk whether the moratorium or a newer zoning action affects the parcel before relying on today's absence of countywide zoning¹⁷.

How do septic permits work in Butler County?

The Nebraska Onsite Wastewater Program administers septic systems, holding tanks, private lagoons and other onsite systems in Butler County⁵. Most systems can be constructed under Authorization by Rule without a site-specific state construction permit, but a system that is built, reconstructed, altered or otherwise changed must be registered; unusual size, non-domestic waste or difficult siting can trigger site-specific review and permits¹⁰. A Butler County dwelling that generates wastewater must connect to a public sewer or use an onsite system that complies with state rules, so living off grid does not create a sanitation exemption²². Only 16.7% of Butler County soils are rated without severe limitations for a conventional drain field, making soil and site evaluation an early purchase check²³. If a planned development includes an onsite-system lot smaller than three acres, the owner must submit it for subdivision review before construction²⁴.

Can you live in an RV or tiny home on your land in Butler County?

We could not confirm that long-term RV living or temporary camping is allowed on private land in Butler County; ask the County Clerk about the parcel and current moratorium before buying¹⁷. Nebraska's public-property camping rule covers highways, roadside areas and parks, not occupancy on private land, so it does not answer the private-parcel question²⁵. A tiny house may be regulated as a manufactured home, modular unit or recreational vehicle²⁶. A tiny house on a single wheeled chassis that is designed for seasonal or temporary living quarters, stays within 430 square feet and passes Nebraska Public Service Commission plan review is treated as a park trailer and receives a Nebraska Recreational Vehicle label, which is a vehicle classification rather than a permission to live on a particular parcel²⁷. Butler County's lack of countywide zoning removes county zoning barriers, not wastewater obligations: any dwelling that generates wastewater must use a compliant onsite system or connect to sewer¹²².

Building a home in Butler County: the steps, in order

1. Call the Butler County Clerk's Office at 402-367-7430 with the legal description, address and intended use; the county appears to have no residential permit program, but its FAQ describes a building-permit plan submission¹⁷²³.
2. If you are building for a farm purpose, confirm that the state building-code exception applies¹³.
3. For non-farm construction, design to the state building code that applies by default where no qualifying local code was adopted⁴.
4. Register the onsite wastewater system and ask the Nebraska Onsite Wastewater Program whether it qualifies for Authorization by Rule or needs site-specific permits²⁴¹⁰.
5. Check the soils before designing a drain field; only 16.7% of Butler County soils are rated without severe limits for a conventional system²³.
6. Obtain a state permit for a new, relocated or altered driveway connecting to a state highway¹⁶.
7. Obtain a floodplain development permit before development in a mapped floodplain²⁸.
8. Obtain County Board approval before subdividing or platting unincorporated property into lots, streets or other portions²⁹.
9. Ask the County Clerk whether the temporary development moratorium affects the parcel before finalizing plans¹⁷⁷.

What to check before you buy land in Butler County

Butler County is mostly gentle, open ground: 93.7% of the land has slopes of 15% or less, while 5.7% is wooded³⁰³¹. Farmland averages about $6,462 per acre³². Severe drought has occurred in about 17.6% of years on record, and average precipitation is 29.6 inches a year, so confirm the parcel's water source rather than assuming a domestic well will meet the project³³³⁴. The nearest city of 100,000 or more people is about 37 miles from the county center³⁵. A typical home value is about $248,755; the median property-tax bill is about $1,941 a year at an effective rate of 1.2%, and typical annual homeowners insurance is about $2,209^36373839. Before closing, check soils, floodplain, legal access, wastewater, subdivision status, municipal jurisdiction and the temporary development moratorium²³²⁹⁷.

Watch-outs

• Butler County appears to have no residential permit program, but its FAQ describes a building-permit plan packet; call the County Clerk with the address and legal description before assuming no submission is needed²³¹⁷.
• Nebraska's camping statute governs public highways, roadside areas and parks, not private land — it isn't a yes-or-no answer for RV living on your own Butler County parcel²⁵.
• Butler County's proposed rural zoning districts are not confirmed as adopted, while the temporary development moratorium may still affect a parcel; ask the County Clerk for the current status⁶⁷¹⁷.

Sources

1. Request for Proposals for Professional Services: Comprehensive Plan Development, quoted and re-checked
2. Butler County Planning Commission (2026 county census)
3. butlercountyne.gov, quoted and re-checked
4. Nebraska Revised Statute 71-6403, quoted and re-checked
5. Onsite Wastewater Program, quoted and re-checked
6. Planning Commission, quoted and re-checked
7. Request for Proposals for Professional Services: Comprehensive Plan Development, quoted and re-checked
8. NOTICE TO BIDDERS — Comprehensive Plan Development, quoted and re-checked
9. NOTICE TO BIDDERS — Comprehensive Plan Development, quoted and re-checked
10. Onsite Wastewater Treatment Facilities Program Overview, quoted and re-checked
11. Nebraska Revised Statute 48-2104 — Registration required (2026 county census)
12. Nebraska Revised Statute 48-2104 — Registration required (Nebraska statewide rule), quoted and re-checked
13. nebraskalegislature.gov, quoted and re-checked
14. nebraskalegislature.gov (Nebraska statewide rule), quoted and re-checked
15. Nebraska Revised Statute 23-114 (Nebraska statewide rule), quoted and re-checked
16. Title 410, Chapter 2 - Driveway and Approach Road Permits, quoted and re-checked
17. Butler County Clerk's Office (butlercountyne.gov)
18. Butler County Planning Commission Minutes – February 11, 2026, quoted and re-checked
19. Request for Proposals for Professional Services – Comprehensive Plan Development, quoted and re-checked
20. Request for Proposals for Professional Services – Comprehensive Plan Development, quoted and re-checked
21. Butler County Board of Supervisors Minutes, March 16, 2026, quoted and re-checked
22. Onsite Wastewater Program, quoted and re-checked
23. Share of soils USDA rates "not limited" for a conventional septic drain field (SSURGO). A strict rating: the median county is about 6% and a tenth of counties are 0%, so a low figure means most lots need a site evaluation or an engineered system, not that septic is impossible. Cite it only with that caveat: Bolthole Index county data
24. Nebraska Department of Environment and Energy, Onsite Wastewater Program (dwee.nebraska.gov)
25. Nebraska Revised Statute 39-312 — Camping; permitted; where; violation; penalty (Nebraska statewide rule), quoted and re-checked
26. Housing and Recreational Vehicle (Nebraska statewide rule), quoted and re-checked
27. Nebraska Tiny House Regulation, quoted and re-checked
28. Floodplain Management Q&A: Permits (Nebraska statewide rule), quoted and re-checked
29. nebraskalegislature.gov, quoted and re-checked
30. Share of land at 15% slope or less: Bolthole Index county data
31. Wooded share of land: Bolthole Index county data
32. Farmland value per acre (USDA census): Bolthole Index county data
33. Share of years in severe drought: Bolthole Index county data
34. Annual precipitation: Bolthole Index county data
35. Straight-line distance from the county center to the nearest city of 100,000+ people: Bolthole Index county data
36. Typical home value (Zillow): Bolthole Index county data
37. Median property tax bill: Bolthole Index county data
38. Effective property tax rate: Bolthole Index county data
39. Typical home insurance premium: Bolthole Index county data

Written October 9, 2026 from the rules quoted below, each taken from an official source and re-checked by an independent reviewer. This is research, not legal advice: rules change, so confirm with the office before you buy or build.