Bolthole Index

Cherry County, Nebraska

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

48Index Score / 100
#29 of 93 in Nebraska

Unincorporated Cherry County, Nebraska requires a county zoning permit for most construction, but qualifying nonresidential farm buildings do not need one1. The county resolution is a zoning rule only and creates no county building code2. Land inside an incorporated city or village follows that municipality's zoning, while septic permits for every address in the county come from the state DWEE onsite wastewater program, not the county34.

At a glance

Building permit
Required for most covered work; qualifying nonresidential farm buildings are exempt from the zoning permit.1
Zoning
Yes; county zoning covers unincorporated land, with district-specific uses, lots, setbacks and height rules.56789
Septic
Nebraska DWEE regulates onsite wastewater; permits or general-permit coverage apply, and septic tanks require periodic inspection.1011
RV living
Ordinary residential RV occupancy was not confirmed; the county's 14-day tent limit applies only at an approved RV park or campground.1213
Tiny homes
Site-built tiny houses have room-size standards, but district authorization and a complete occupancy rule were not confirmed.146
Owner-builder
Own-property work is exempt from state contractor registration, but no exemption from county zoning requirements was confirmed.15
Floodplain work
County floodplain approval is required before a zoning permit when the parcel is affected by floodplain rules.16

Who to call

Zoning

Cherry County Planning and Zoning

County zoning permits and land-use questions for unincorporated Cherry County

(402) 376-2395

cczoning@cherrycountyne.gov

365 N Main Street, Suite #8A, Valentine, NE 69201

Septic permits

Nebraska DWEE Onsite Wastewater Program

State regulation, registration and permitting of onsite wastewater systems

(402) 471-4285

DWEE.onsite@nebraska.gov

245 Fallbrook Blvd., Suite 100, Lincoln, NE 68521

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

Off-grid gear

Going off-grid in Cherry County means bringing your own water and power. The kit we’d start with:

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Do you need a building permit or zoning permit in Cherry County, Nebraska?

Unincorporated Cherry County requires a zoning permit before most covered buildings are erected, moved, enlarged or structurally altered.1 The county resolution is a zoning regulation only and does not create building, plumbing, electrical or other construction codes2. Qualifying nonresidential farm buildings do not need that permit, although the use inside remains subject to zoning; agricultural uses and listed agricultural structures in the CCAG district also have a written-permit exemption.1718

A complete application includes the fee and plot-plan details about structures, water supply, sewage disposal, erosion control and soil conditions.19 The published residential fee is $50; beginning before applying triggers three times the fee, with a $150 minimum.20 Approved permits expire unless work starts within 90 calendar days and finishes within two years.19 County inspection is limited: footing locations may be inspected when the road or highway setback is 100 feet or less, and the Zoning Administrator may inspect an approved project for zoning compliance.21

Who issues zoning permits and building approvals in Cherry County, Nebraska?

Cherry County Planning and Zoning is the first county office to call about rural construction, the parcel's district and the county zoning permit.522 The county permit establishes zoning conformity, and a permit must be issued before a covered building or premises is used or occupied; the available rule does not establish a separate general certificate-of-occupancy program.23 We could not confirm a full-service county building department or comprehensive building-code inspection schedule.

Septic regulation is separate. Nebraska DWEE administers private onsite-wastewater requirements, including permits and qualifying general-permit coverage.424 Floodplain review is another separate step where applicable, and county floodplain approval must precede the zoning permit.16 For land inside an incorporated city or village, contact that municipality for zoning approval and any building permit it requires, because annexation or extension of municipal zoning jurisdiction removes land from the county resolution's jurisdiction.3 Septic permits do not move to the city: the state DWEE onsite wastewater program regulates private systems on every parcel in the county.4

Does Cherry County, Nebraska have zoning?

Cherry County zoning applies to unincorporated land outside municipal zoning jurisdiction.5 The published districts include CCAG Cattle Country Agricultural and NRCAG Niobrara River Corridor Agricultural, and the official map controls a parcel's current status.6

In CCAG, a single-family dwelling, manufactured home or mobile home needs at least 2.5 acres, 200 feet of lot width and 100 feet of frontage, with more land possible for septic.7 CCAG setbacks are 58 feet front and 10 feet side and rear; NRCAG setbacks are 80 feet front and 25 feet side and rear.89 A habitable CCAG building is limited to 35 feet in height.25 Manufactured and modular homes may be allowed in NRCAG subject to its conditions, but mobile homes and units outside the county definition are excluded from that provision.26 Ask Planning and Zoning to verify the map, use and standards before relying on these district examples.22

How do septic permits work in Cherry County, Nebraska?

Nebraska DWEE regulates private onsite wastewater in Cherry County.4 Most household systems use state Authorization by Rule and need no individual state construction permit, but a system handling 1,000 gallons per day or more, non-household wastewater, or a design outside that rule needs a state construction permit before building and an operating permit before use; construction or modification is also registered with DWEE.2710 A dwelling or other building generating wastewater must use a compliant onsite system or connect to public sewer or other wastewater works.28

The owner must arrange periodic septic-tank inspections by an authorized pumper, professional engineer or registered environmental health specialist.11 Septage must be removed when sludge is less than 12 inches below the outlet baffle or scum is less than 3 inches above its bottom.11 Only about 0.2% of mapped Cherry County soils avoid a severe limitation rating for a conventional drain field, so obtain a site and soil evaluation early.29 State review is also required before developing a subdivision with onsite systems on lots smaller than three acres.30

Can you live in an RV or tiny home in Cherry County, Nebraska?

We could not confirm a complete Cherry County rule allowing ordinary residential RV occupancy on private land, so ask Planning and Zoning about the parcel's district, duration and utility requirements before moving one onto the property.5 The county's 14-day tent limit applies only to auxiliary shelter at an approved recreational vehicle park or campground; it does not create a general private-land camping allowance.12

For a site-built tiny house, at least one habitable room must contain 120 square feet; other habitable rooms need 70 square feet except kitchens, and habitable rooms must measure at least 7 feet horizontally.14 We could not confirm which districts authorize ordinary tiny-home occupancy, so obtain parcel-specific approval. An accessory building used as a dwelling has a specific certificate-of-occupancy condition and timing limits, but that provision is not a general accessory-dwelling authorization.31 Any dwelling generating wastewater needs compliant disposal.28

What steps should you follow to build in Cherry County?

  1. Give Cherry County Planning and Zoning the legal description and address so the office can confirm the map, allowed use, lot size, setbacks and height rules.622
  1. Confirm whether the farm-building exception applies and ask what building-code pathway governs the project.17
  1. Have an onsite wastewater professional evaluate the site and determine whether general-permit coverage or an individual DWEE permit applies.10
  1. Obtain county floodplain approval before the zoning permit if floodplain rules affect the parcel.16
  1. Submit the fee and complete plot plan, including structures, water, sewage, erosion control and soil information.19
  1. Start within 90 calendar days and complete the approved work within two years.19
  1. Apply to the Nebraska Department of Transportation before creating, relocating or altering access to a state-highway right of way.32

What should you check before buying land in Cherry County?

Start with the legal description and official map: confirm the zoning district and allowed use with Cherry County Planning and Zoning rather than relying on a listing.522 A parcel division cannot create a lot below its district's width or area rules, and creating more than two lots per quarter section may trigger county surveying, engineering and platting requirements.33 Verify legal access separately; work affecting a state-highway right of way requires a Nebraska Department of Transportation permit.32

Order septic feasibility work early because only about 0.2% of mapped soils avoid a severe limitation rating for a conventional drain field.29 Check floodplain status because county approval is required before a zoning permit for affected projects.16 Private-well requirements were not confirmed, so ask the relevant state water authority and natural resources district. The median property-tax bill is about $1,373 per year and the effective property-tax rate is about 1%.3435

Watch-outs

  • County inspections address zoning compliance and certain footing locations; ask Planning and Zoning what other code or inspection requirements govern the project.2122
  • The farm-building permit exception is conditional: the building must qualify, and its use remains subject to zoning.17
  • Starting covered construction or alteration before applying triples the zoning-permit fee, subject to a $150 minimum.20
  • Ordinary RV occupancy, district authorization for tiny homes and private-well requirements remain unconfirmed; get parcel-specific answers before closing.6

Sources

  1. Cherry County Zoning Regulations, quoted and re-checked
  2. Cherry County Zoning Resolution, quoted and re-checked
  3. Cherry County Zoning Regulations, quoted and re-checked
  4. Nebraska Administrative Code Title 124 – Onsite Wastewater Treatment Systems, quoted and re-checked
  5. Cherry County Zoning Regulations, quoted and re-checked
  6. Cherry County Zoning Regulations, quoted and re-checked
  7. Cherry County Zoning Regulations, quoted and re-checked
  8. cherrycountyne.gov, quoted and re-checked
  9. cherrycountyne.gov, quoted and re-checked
  10. Nebraska Administrative Code Title 124 – Onsite Wastewater Treatment Systems, quoted and re-checked
  11. Nebraska Administrative Code Title 124 – Onsite Wastewater Treatment Systems, quoted and re-checked
  12. cherrycountyne.gov, quoted and re-checked
  13. Cherry County Zoning Resolution, quoted and re-checked
  14. Cherry County Zoning Resolution, Special Types of Dwelling Units, quoted and re-checked
  15. Nebraska Revised Statute 48-2104 — Registration required (Nebraska statewide rule), quoted and re-checked
  16. Cherry County Zoning Resolution, quoted and re-checked
  17. Cherry County Zoning Regulations, quoted and re-checked
  18. Cherry County Zoning Regulations, quoted and re-checked
  19. Cherry County Zoning Regulations, quoted and re-checked
  20. Zoning Fees – Cherry County, quoted and re-checked
  21. Cherry County Zoning Regulations, quoted and re-checked
  22. Cherry County Planning and Zoning (cherrycountyne.gov)
  23. Cherry County Zoning Regulations, quoted and re-checked
  24. Nebraska DWEE Onsite Wastewater Program (dwee.nebraska.gov)
  25. cherrycountyne.gov, quoted and re-checked
  26. cherrycountyne.gov, quoted and re-checked
  27. Onsite Wastewater Treatment Facilities: Permits, quoted and re-checked
  28. Onsite Wastewater Program, quoted and re-checked
  29. 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
  30. Cherry County Zoning Resolution, quoted and re-checked
  31. Cherry County Zoning Resolution, Accessory Buildings and Uses, quoted and re-checked
  32. Title 410, Chapter 2 - Driveway and Approach Road Permits (Nebraska statewide rule), quoted and re-checked
  33. Cherry County Zoning Regulations, quoted and re-checked
  34. Median property tax bill: Bolthole Index county data
  35. Effective property tax rate: 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.

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Compared with neighboring counties

Unlike 4 of its 6 neighbors, Cherry County requires a building permit only in limited cases.

RuleCherry CountyHooker CountyThomas CountyGrant CountyBrown CountySheridan CountyMcPherson County
Building permitLimitedRequiredRequiredLimitedRequiredLimitedRequired
County zoningYesYesYesYesYesYesYes
Septic permitsNE Dept. of Env. & EnergyNDEENE Dept. of Env. & EnergyNDEENDEENE Dept. of Env. & EnergyNE Dept. of Env. & Energy

County locator

Cherry County in Nebraska

48
County map
Cherry County highlighted among the Nebraska counties · colored by Index score

How Cherry County scores

Seclusion91100% ev.
Self-Sufficiency18100% ev.
Admin Boringness59100% ev.
Durability45100% ev.
Property Autonomy53100% ev.
Carry Cost73100% ev.

Evidence strength: 100%. This reports direct-source completeness and fallback use; it is separate from the score and is not a confidence interval. How it works →

$231kTypical home
1%Property tax
$1,224Land / acre
22"Annual rain
16% of yrsSevere drought
13 / yr (+10.7)Mid-century 100°F days
21.1 daysMid-century dry spell
1.27" (+4.4%)Mid-century 1-day rain
1.41×Wildfire change factor
100%Forward climate coverage
$2,158Home insurance / yr
-0.5% / yrInsurance growth
3.81%Nonrenewal rate
county median (2+ published ZIPs)Insurance basis
69People within 30 min
75,265People within 2 hr
277Radius comparison (15 mi)
0.9People / sq mi
5.6%Federal land
77.5%Land at 15% slope or less
0.2%Soils rated "not limited" for septic (strict USDA rating)
8,041 acWorkable land screen
1.6%Wooded land
27.7 tonsBiomass / forest ac
47.9°FAvg temp

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Cities and towns in Cherry County

Inside a city, town or township here, that government usually sets zoning and may issue its own building permits; the county’s rules above cover land outside them.

Village of Cody · Village of Crookston · Village of Kilgore · Village of Merriman · Village of Nenzel · Valentine · Village of Wood Lake

Answers from the rulebook for Cherry County

What the ordinances and state agencies actually say — one answer per question, each quoted from the official source and independently re-checked.

Cherry County rules

  • Building permitRequired

    Construction, erection, reconstruction, enlargement, alteration, moving, use, occupancy, and water/sewer connections covered by the Cherry County zoning resolution.

    • A zoning permit must be issued before covered work or use begins.
    • The permit confirms conformity with applicable zoning-district regulations.
    • The permit process requires a written application, site plan, actual survey dimensions, and staking before construction.
    • The Zoning Administrator generally issues a written permit or denial within 15 days of acceptance; permits expire if work has not started within two years unless extended in writing.

    decision deadline: 15 days (from acceptance of application) · permit validity before work starts: 2 years (unless extension is obtained in writing)

    “It shall be unlawful to commence or do any excavating, erecting, constructing, reconstructing, enlarging, altering, or moving of any structure or to use or occupy or permit the use or occupancy of any building, land or premises, or construction or connection to water or sewer facilities or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a zoning permit shall have been issued therefore by the Zoning Administrator stating that the proposed use of the building or land conforms to these regulations.”
    3 more reviewed findings on this topic
    • Limited — Building and structural work subject to Cherry County zoning regulations in unincorporated areas.
      “No building or other structure shall be erected, moved, added to or structurally altered without a zoning permit therefore, issued by the Zoning Administrator, provided however, that no zoning permit shall be required for any non-residential farm building or structure.”
    • Limited — County zoning permits for buildings and structures in unincorporated Cherry County.
      “501.03 PERMITTED PRINCIPAL USES AND STRUCTURES: The following uses and structures shall require the issuance of a written zoning permit: [...] 3. Single-Family dwellings under the jurisdiction of this Resolution, including up to five manufactured home dwellings, as defined in Section 303.53 and 303.54 of this Resolution and/or mobile homes, as defined in Section 303.55 of this Resolution, per section of land, provided such dwellings comply with all of the following conditions.”
    • Limited — Non-agricultural buildings, structures, additions, decks, cabins, dwellings, shouses, carports, sheds, and barndominiums subject to the county zoning permit system.
      “Zoning Permit Residence Fee: $50.00 Other Info: All Non-Ag Buildings / Structures / Additions / Decks / Cabins / Dwellings / Shouse / Carports / Sheds / Barndominium, etc.”
  • InspectionsLimited

    County zoning-compliance inspections for approved projects.

    • Footing-location inspection may be required when the setback is 100 feet or less from a Federal or State Highway or County Road.
    • The Zoning Administrator reserves the right to inspect an approved project for compliance with the zoning resolution.

    footing inspection setback threshold: <= 100 feet (Federal or State Highway or County Road)

    “A Zoning Permit may require an onsite inspection of footing locations when said setback is 100 feet or less from a Federal or State Highway or a County Road. The Cherry County Zoning Administrator reserves the right to inspect an approved project for compliance with this Resolution.”
  • Certificate of occupancyLimited

    Use or occupancy of buildings and premises subject to Cherry County zoning.

    • A County zoning permit must be issued before use or occupancy of covered buildings or premises.
    • This is a zoning-permit occupancy condition, not an identified separate certificate-of-occupancy program.
    “It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises or both or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use until a Zoning Permit has been issued therefore by the Zoning Administrator”
    One more reviewed finding on this topic
  • County-wide zoningPresent (with conditions)

    Structures, land uses, occupancy, and connections to water or sewer facilities within Cherry County zoning jurisdiction, principally unincorporated areas.

    • A zoning permit from the Zoning Administrator is required before covered construction, alteration, use, occupancy, or water/sewer connection.
    • Nonconforming-use exceptions are addressed in Sections 3.07 through 3.11.
    • Conditional uses, floodplain requirements, district standards, and other applicable regulations remain applicable.
    “It shall be unlawful to commence or do any excavating, erecting, constructing, reconstructing, enlarging, altering, or moving of any structure or to use or occupy or permit the use or occupancy of any building, land or premises, or construction or connection to water or sewer facilities or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a zoning permit shall have been issued therefore by the Zoning Administrator stating that the proposed use of the building or land conforms to these regulations.”
    One more reviewed finding on this topic
    • Present — County zoning in Cherry County's unincorporated areas.
      “The provisions of this Resolution shall apply within the boundaries of Cherry County, Nebraska, excluding the land included within the incorporated municipalities within the County and any legally established planning and zoning jurisdictional areas of these municipalities as may be defined on any Official Zoning Map of said incorporated municipalities, now or in the future.”
  • Local zoningPresent (with conditions)

    Land-use zoning and zoning permits in unincorporated Cherry County, Nebraska.

    • The county zoning resolution applies throughout Cherry County except areas within jurisdiction explicitly granted to municipalities.
    • Municipalities may exercise their separately granted jurisdiction within incorporated areas.
    • A zoning permit is required before covered construction, alteration, moving, use, or occupancy.
    • The county resolution is a zoning regulation only and does not create building, plumbing, electrical, or other construction codes.
    “The area of jurisdiction shall be all the area”
    2 more reviewed findings on this topic
    • Present (with conditions) — County zoning resolution for unincorporated Cherry County; incorporated municipal land is removed from the county resolution’s jurisdiction.
      “Annexation of land to any incorporated municipality shall remove such land from the jurisdiction of this Resolution and any legal extension of any zoning jurisdictional area boundary by any municipality shall remove such land from the jurisdiction of this Resolution.”
    • Present (with conditions) — County zoning administered for land within Cherry County's county zoning jurisdiction, particularly unincorporated areas.
      “The provisions of this Resolution shall apply within the boundaries of Cherry County, Nebraska, excluding the land included within the incorporated municipalities within the County and any legally established planning and zoning jurisdictional areas of these municipalities as may be defined on any Official Zoning Map of said incorporated municipalities, now or in the future.”
  • Zoning districtsPublished

    Cherry County zoning districts and district-specific regulations.

    • The zoning resolution identifies at least the CCAG Cattle Country Agricultural District and NRCAG Niobrara River Corridor Agricultural District.
    • Municipal annexation or extension of municipal zoning jurisdiction removes land from the county resolution.
    “ARTICLE 5 - ZONING DISTRICTS SECTION 501 CCAG - CATTLE COUNTRY AGRICULTURAL DISTRICT SECTION 502 NRCAG NIOBRARA RIVER CORRIDOR AGRICULTURAL DISTRICT”
    One more reviewed finding on this topic
    • Published (with conditions) — Cherry County zoning districts and district-specific land-use, bulk, setback, height, and development regulations.
      “ARTICLE 4: ZONING DISTRICTS Section 4.01 Establishment of Districts”
  • Minimum dwelling sizeSpecified

    Special dwelling types, including site-built tiny houses, in unincorporated Cherry County.

    • For site-built tiny houses, at least one habitable room must be at least 120 square feet gross floor area.
    • Other habitable rooms must be at least 70 square feet, except kitchens.
    • Habitable rooms must be at least 7 feet in every horizontal dimension.
    • The section also requires minimum ceiling heights, toilet facilities, kitchen area and sink, code-compliant heating and cooling, electrical and egress, foundations, and maximum lot coverage.
    • The cited rule is for special dwelling types and does not establish a universal minimum total floor area for every dwelling.

    minimum gross floor area of one habitable room: >= 120 square feet · minimum floor area of other habitable rooms: >= 70 square feet (except for kitchens) · minimum horizontal dimension of habitable rooms: >= 7 feet · minimum ceiling height in habitable spaces, hallways, bathrooms, and toilet rooms: >= 7 feet

    “not less than 120 sf of gross floor area”
  • Minimum lot sizeSpecified

    Single-family dwellings, manufactured homes, and mobile homes in the CCAG Cattle Country Agricultural District.

    • A larger lot may be required by Nebraska environmental rules for septic-system sizing and location.
    • Conditional uses have additional Board of Commissioners determinations, but no lot may be less than 2.5 acres.

    minimum lot area: >= 2.5 acres (Larger area may be required for septic systems.) · minimum lot width: >= 200 feet (Conditional uses may require more but not less.) · minimum lot frontage: >= 100 feet (Conditional uses may require more but not less.)

    “The minimum lot area for a single-family dwelling unit, manufactured home or mobile home shall be two and one-half acres, provided that a larger lot area may be required by the standards and regulations of the Nebraska Department of Environmental Quality or its successor agency with regard to proper sizing and location of septic tank and tile field or lagoon sewage disposal systems.”
  • SetbacksSpecified

    Buildings and uses subject to Cherry County zoning-district yard requirements.

    • Setbacks differ by zoning district and property; the county FAQ requires the legal description and address to identify the applicable standard.
    • The cited schedule lists front, rear, and side yard dimensions for the applicable district.

    front yard: 58 feet (cited district table) · rear yard: 43 feet (cited district table) · side yard: 43 feet (cited district table)

    “Setbacks are different for each zoning district. We need to know the legal description and address.”
    3 more reviewed findings on this topic
    • Specified — Uses in the CCAG Cattle Country Agricultural District.
      “501.09 MINIMUM SETBACK REQUIREMENTS: The following shall be the minimum yard requirements for uses located within this district: 1. Front Setback - 58 feet 2. Side Setback - 10 feet 3. Rear Setback - 10 feet”
    • Specified — Uses in the NRCAG Niobrara River Corridor Agricultural District.
      “1. Front Setback - 80 feet 2. Side Setback - 25 feet 3. Rear Setback - 25 feet”
    • District specific (with conditions) — Building setbacks under Cherry County zoning districts.
      “Setbacks are different for each zoning district. We need to know the legal description and address.”
  • Lot coverageSpecified

    Lot coverage for structures governed by Cherry County zoning districts.

    • Coverage limits are district- and use-specific.
    • The zoning resolution states that structures may not occupy a greater percentage of lot area than permitted and that specialized residential structures must meet the maximum coverage applicable to an ordinary single-family dwelling.
    “no building or structure shall hereafter be erected or altered to exceed the height or bulk, to occupy a greater percentage of lot area, to have a narrower or smaller front, side or rear setback than is herein required, or be in any other manner contrary to the provisions of this Resolution.”
  • Building heightSpecified

    Buildings designed for human habitation in the CCAG Cattle Country Agricultural District.

    • The resolution states no limitation for other buildings, but imposes a human-habitation height limit.

    maximum height: <= 35 feet (Buildings designed for human habitation.)

    “No limitation, except for buildings designed for human habitation which shall be a height limitation of 35 feet.”
  • Camping on your landLimited

    Tent camping as auxiliary shelter at an approved recreational vehicle park or campground.

    • The RV park or campground must satisfy the county's conditional-use and site standards.
    • A tent may be erected only as auxiliary shelter and may not remain for more than 14 consecutive days.

    maximum tent duration: <= 14 consecutive days (auxiliary shelter at an RV park or campground)

    “In addition to these units, a tent may be erected to serve as an auxiliary shelter but shall not be erected for more than 14 consecutive days.”
  • Manufactured homesLimited

    Manufactured and modular single-family dwellings in the NRCAG Niobrara River Corridor Agricultural District.

    • The provision excludes manufactured homes not meeting the county’s definition and excludes mobile homes.
    • The dwellings must comply with the conditions in Section 502.03, including separation, access, lot, and agricultural-conflict requirements.
    “Single-Family dwellings under the jurisdiction of this Resolution, including manufactured and modular housing, as defined in Sections 303.53 and 303.59 respectively, but excluding manufactured homes not meeting the definition of Section 303.53 and mobile homes, as defined in Section 303.55 of this Resolution, provided such dwellings comply with all of the following conditions:”
  • Agricultural exemptionAvailable (with conditions)

    Qualifying farm buildings or structures in unincorporated Cherry County.

    • The exemption is limited to farm buildings or structures meeting the cited definitions.
    • The use within the building or structure remains subject to all applicable zoning requirements.
    “No building or other structure shall be erected, moved, added to or structurally altered without a zoning permit therefore, issued by the Zoning Administrator, provided however, that no zoning permit shall be required for any non-residential farm building or structure.”
    One more reviewed finding on this topic
    • Available — Agricultural uses and listed agricultural structures in the CCAG Cattle Country Agricultural District.
      “501.02 OUTRIGHT ALLOWABLE PRINCIPAL USES AND STRUCTURES: The following uses and structures shall not require a written zoning permit: 1. Agricultural uses, as defined in Section 303.06 of this Resolution.”
  • Subdividing landRegulated (with conditions)

    Proposed subdivisions in Cherry County zoning districts.

    • Proposed subdivisions must meet the county Subdivision Regulations.
    • In the cited agricultural district, developments outside four miles of a municipality with a local fire department and water supply must provide fire suppression and local fire departments must receive entry passcodes.
    • State onsite-wastewater subdivision review is required before developing areas with onsite systems proposed on lots smaller than three acres.

    onsite subdivision review threshold: < 3 acres (where onsite wastewater is proposed)

    “Approval is required before developing areas where onsite wastewater systems are proposed on lots smaller than three acres.”
    One more reviewed finding on this topic
    • Regulated (with conditions) — Parcel divisions and subdivisions subject to Cherry County zoning controls.
      “nor shall a division of any parcel be made which creates a lot with width or area which is less than the requirements set forth in the zoning district in which said lot(s) is located.”
  • Building in a floodplainRequired

    Structures, residences, and conditional-use projects subject to Cherry County zoning and located in or affected by floodplain regulations.

    • All structures, including residences and conditional-use projects, must comply with federal, state, and Cherry County floodplain regulations.
    • A valid floodplain application must be completed and approved by the County Floodplain Administrator before issuance of a zoning permit.
    • Other elevation or floodplain requirements may apply by location and use.
    “In addition to all other requirements set forth in these regulations, all structures, including residences and conditional use projects must comply with all existing federal, state and Cherry County Floodplain Regulations. A valid floodplain application must be completed by the applicant and approved by the County’s Floodplain administrator prior to the issuance of any zoning permit.”
  • Permit feesPublished

    Cherry County zoning permits and related applications.

    • The fee schedule was revised and approved October 14, 2025.
    • Construction or alteration begun before applying requires three times the fee, with a minimum fee of $150.
    • Additional actual-cost charges and a $10 Cattle Country Easement charge may apply.

    residential zoning permit: 50 USD (Non-ag buildings, structures, additions, decks, cabins, dwellings, shouses, carports, sheds, barndominiums, and similar listed uses.) · conditional use permit: 150 USD (Additional fees at actual cost.) · late permit multiplier: 3 times fee (Minimum late fee $150.)

    “Zoning Permit Residence Fee: $50.00 Other Info: All Non-Ag Buildings / Structures / Additions / Decks / Cabins / Dwellings / Shouse / Carports / Sheds / Barndominium, etc.”
    One more reviewed finding on this topic
    • Published (with conditions) — Cherry County zoning permits, conditional-use permits, rezoning, variances, appeals, and related applications.
      “Zoning Permit Residence Fee: $50.00 Other Info: All Non-Ag Buildings / Structures / Additions / Decks / Cabins / Dwellings / Shouse / Carports / Sheds / Barndominium, etc.”
  • Permit processPublished (with conditions)

    Cherry County zoning-permit application and review process.

    • A complete application and applicable fee are required.
    • The application requires plot-plan information, proposed uses, structures, water supply, sewage disposal, erosion control, soil conditions, and other information needed for compliance review.
    • Conditional uses, variances, and certain Niobrara River Corridor Agricultural District applications have additional review requirements.
    • Approved permits expire if work is not initiated within 90 calendar days or completed within two years.

    permit initiation deadline: 90 calendar days (From approval date.) · permit completion deadline: 2 years (From approval date.)

    “The undersigned hereby applies for a permit for: (check one) New Construction Alteration/Enlargement House Moving Double-Wide Manufactured Home Single-Wide Mobile Home”

Nebraska rules that apply here

  • Owner-builder exemptionAvailable

    A person performing work or having work performed on the person's own property under Nebraska's Contractor Registration Act.

    • The exemption means the person is not a contractor for purposes of the Contractor Registration Act.
    • The exemption applies to work on the person's own property.
    • The statute separately states that a person earning less than five thousand dollars annually for construction services is also not a contractor for purposes of the Act.
    • The exemption does not exempt a contractor from withholding requirements under the Nebraska Revenue Act of 1967.
    • This is a contractor-registration exemption and does not establish exemption from applicable building permits, inspections, building codes, electrical requirements, or other local or state approvals.

    annual construction-services earnings threshold: < 5000 USD (Separate statutory basis for not being a contractor under the Act; the own-property exemption has no stated dollar threshold.)

    “Any person who performs work or has work performed on his or her own property or any person who earns less than five thousand dollars annually for construction services is not a contractor for purposes of the Contractor Registration Act.”
  • Building code adoptedAdopted (with conditions)

    Nebraska's state building code, including state-owned or state-agency buildings and local jurisdictions as specified by Nebraska law.

    • The adopted code consists of the 2018 International Building Code with stated exceptions, the 2018 International Residential Code with stated exceptions, the 2018 International Existing Building Code with a stated exception, the 2018 Uniform Plumbing Code, and minimum radon-resistant construction standards.
    • The state building code applies to all buildings and structures owned by the state or a state agency.
    • It applies in a county, city, or village that elects to adopt it as its local code.
    • It also applies in a county, city, or village that has not adopted an authorized local code within two years after an update to the state building code.
    • The default state-code rule does not apply to construction on a farm or for farm purposes.
    • A local jurisdiction may instead adopt a code that conforms generally with the state building code, subject to the requirements and exceptions in section 71-6406.

    International Building Code edition: 2018 (Except section 101.4.3 and chapter 29; section 305.2.3 applies to a facility having twelve or fewer children; section 310.4.1 applies to a care facility for twelve or fewer persons.) · International Residential Code edition: 2018 (Except section R313 and chapters 25 through 33.) · International Existing Building Code edition: 2018 (Except section 809.) · Uniform Plumbing Code edition: 2018 · local-code adoption deadline after state-code update: 2 years (If no authorized local code is adopted, the state building code applies, except to construction on a farm or for farm purposes.)

    “(1) There is hereby created the state building code. The Legislature hereby adopts by reference:”
    One more reviewed finding on this topic
    • Partial — Nebraska Energy Code requirements applicable in Cherry County where no local equivalent energy code is adopted.
      “The 2018 IECC went into effect on July 1, 2020. If a local jurisdiction has not adopted an energy code, the Nebraska Department of Water, Energy, and Environment Planning and Aid Division will enforce the code.”
  • Tiny homesLimited

    Tiny houses produced or sold in Nebraska and classified as manufactured homes, modular housing units, or recreational vehicles, including park model recreational vehicles.

    • The Nebraska Public Service Commission states that tiny houses can be built as either a manufactured home, modular housing unit, or recreational vehicle.
    • For a park model recreational vehicle under current Nebraska law, the unit must be designed and marketed as temporary living quarters for recreational, camping, travel, or seasonal use; must not be permanently affixed to real property for use as a permanent dwelling; must be built on a single chassis mounted on wheels; must have a gross trailer area not exceeding 400 square feet in the setup mode; and must be certified by the manufacturer as complying with ANSI A119.5, 2025 edition.
    • LB1147 enacted the 400-square-foot park-model limit and specified the 2020 ANSI A119.5 edition; its emergency clause states that the act takes effect when passed and approved according to law.
    • State classification or construction compliance does not establish unrestricted land-use occupancy. County zoning resolutions may regulate the location, size, and uses of structures including house trailers and automobile trailers, and may regulate uses of buildings and land in unincorporated areas.
    • County zoning powers do not apply within incorporated cities or villages, or areas where a city or village has been granted and is exercising zoning jurisdiction. Local zoning, building, utility, health, and other requirements may therefore impose additional conditions.

    park model gross trailer area: <= 400 square feet (Measured in the setup mode.) · park model chassis: single chassis mounted on wheels · park model permanent-affixation: false (The unit must not be permanently affixed to real property for use as a permanent dwelling.)

    “(16) Park model recreational vehicle means a vehicular unit which meets the following criteria: (a) Is designed and marketed as temporary living quarters for recreational, camping, travel, or seasonal use; (b) Is not permanently affixed to real property for use as a permanent dwelling; (c) Is built on a single chassis mounted on wheels with a gross trailer area not exceeding four hundred square feet in the set up mode; and (d) Is certified by the manufacturer as complying with the ANSI A119.5 Park Model Recreational Vehicle Standard of the American National Standards Institute, 2025 edition;”
  • Who permits septicState (with conditions)

    Private onsite wastewater treatment systems in Cherry County under Nebraska Title 124.

    • General-permit coverage may apply to qualifying systems.
    • Local requirements may be separate and more stringent.
    “A private onsite wastewater treatment system is to be permitted by the Department before any construction, reconstruction, alteration, modification, or repair not exempted in Chapter 2 is performed or the system is operated.”
    2 more reviewed findings on this topic
    • State — Onsite wastewater systems in Cherry County.
      “Nebraska Onsite Wastewater Program administers regulations”
    • Mixed (with conditions) — Onsite wastewater treatment systems statewide in Nebraska, including septic systems, holding tanks, lagoons, mound systems, and other decentralized systems.
      “Any local requirements (city, county) are separate from and in addition to the requirements found in Title 124 that apply statewide.”
  • Septic permitLimited

    Onsite wastewater systems in Cherry County.

    • Most systems use Authorization by Rule and do not require a state construction permit.
    • A permit is required for systems handling flows of 1,000 gallons per day or more, non-household wastewater, or systems not covered by Authorization by Rule.
    • Plans for permit systems must be prepared by a professional engineer.
    • A construction permit is required before building and an operating permit before system use.
    • Construction or modification must also be registered with DWEE.

    flow threshold: >= 1000 gallons per day · permit application fee: 450 USD (covers both construction and operating permits) · system registration fee: 140 USD (per system)

    “A permit is required for onsite wastewater systems”
    2 more reviewed findings on this topic
    • Required — Construction, reconstruction, alteration, modification, repair, or operation of private onsite wastewater systems in Cherry County.
      “The owner of a dwelling or non-dwelling facility or the owner’s designee, proposing to construct, reconstruct, alter, modify, or make a repair not exempted in Chapter 2 to an onsite wastewater treatment system not covered by a general permit will apply for and obtain a construction permit from the Department prior to construction of the system.”
    • Limited — Onsite wastewater systems statewide where system size, non-domestic waste handling, or siting issues require a site-specific evaluation and permitting; ordinary systems also remain subject to applicable Title 124 compliance and registration rules.
      “Most onsite wastewater systems in Nebraska are constructed under “Authorization by Rule” which does not require a construction permit [...] However, some systems will require a permit”
  • Septic inspectionRequired

    Septic tanks serving dwellings or non-dwelling facilities in Cherry County under Nebraska Title 124.

    • The septic-tank owner must arrange periodic inspection.
    • Inspection must be performed by a Master or Journeyman Pumper, professional engineer, or registered environmental health specialist.
    • Septage must be removed whenever the sludge layer is less than 12 inches below the bottom of the outlet baffle or the scum layer is less than 3 inches above the bottom of the outlet baffle.
    • The cited provision concerns septic tanks; separate lagoon maintenance requirements apply to lagoons.

    sludge-layer clearance below outlet baffle: < 12 inches (septage removal trigger) · scum-layer clearance above outlet baffle: < 3 inches (septage removal trigger)

    “periodically inspect the septic tank and remove septage from the tank whenever the top of the sludge layer is less than 12 inches”
    One more reviewed finding on this topic
    • Limited — Inspection of private onsite wastewater treatment systems statewide in Nebraska.
      “A private onsite wastewater treatment system shall not be [...] inspected [...] unless the [...] inspection [...] is carried out or supervised by either a certified professional”
  • Off-grid sanitationAllowed (with conditions)

    Off-grid wastewater sanitation using an onsite wastewater treatment system, including septic systems, holding tanks, lagoons, or mound systems, statewide in Nebraska.

    • The onsite system must comply with Title 124.
    • Only a properly certified professional may inspect, repair, pump, or install an onsite septic system.
    • The wastewater directed to the onsite system is limited to domestic wastewater.
    • Any local city or county requirements apply separately.
    “households depend on septic systems [...] for wastewater treatment. [...] the Nebraska Department [...] regulates these systems through Title 124”
    One more reviewed finding on this topic
    • Limited — Onsite sanitation systems serving dwellings or non-dwellings in Cherry County.
      “must have an onsite wastewater treatment system”
  • Well permitLimited

    Construction or modification of water wells in Nebraska groundwater management areas, on land owned or controlled by the person constructing the well.

    • Before commencing construction, the applicant must apply to the district in which the well will be located, using district forms.
    • No permit is required for test holes or dewatering wells intended for use for ninety days or less.
    • No permit is required for a single water well designed and constructed to pump fifty gallons per minute or less.
    • A district may exempt replacement water wells by rule and regulation.
    • A district may require a permit for a well designed and constructed to pump fifty gallons per minute or less when it is commingled, combined, clustered, or joined with another well or water source, excluding a water source used to water range livestock; combined wells are treated as one well and their combined capacity is used as the rated capacity.
    • In groundwater management areas where regulations have been imposed to control declining groundwater levels, a district may require permits for each well or categories of wells designed and constructed to pump fifty gallons per minute or less, except water sources required for human needs relating to health, fire control, or sanitation and water sources used to water range livestock.
    • The district must review the application and issue or deny the permit within thirty days after filing.
    • The application requires a fifty-dollar filing fee payable to the district.
    • The application must include the applicant's name and post-office address, proposed use, intended location, size, type and description, estimated depth if known, estimated capacity in gallons per minute, irrigation acreage and legal description if applicable, non-irrigation use description if applicable, replacement-well registration number if applicable, and other information required by the district.
    • A person who failed to obtain a required permit must apply for a late permit, accompanied by a two-hundred-fifty-dollar fee and the same information required for an ordinary application.
    • A person must apply before modifying a well that was previously exempt into one for which a permit would otherwise be required.

    pump capacity threshold: <= 50 gallons per minute (Single wells at or below this threshold are exempt unless a district rule requires a permit under the statutory exceptions.) · ordinary application filing fee: 50 USD (Payable to the district.) · late permit application fee: 250 USD (Applies when a required permit was not obtained.) · district decision deadline: 30 days (Measured after the application is filed.) · dewatering intended-use period: <= 90 days (Test holes and dewatering wells intended for use for ninety days or less do not require a permit.)

    “shall, before commencing construction, apply with the district in which the water well will be located for a permit on forms provided by the district”
  • Mandatory utility hookupConditional

    Wastewater service for dwellings and non-dwellings generating wastewater statewide in Nebraska.

    • The property must have an onsite wastewater treatment system complying with Title 124, or be connected to a public sewer system or other wastewater works.
    • Local city and county requirements are separate from and in addition to statewide Title 124 requirements.
    “A dwelling or non-dwelling that generates wastewater must have an onsite wastewater treatment (OWT) system [...] or be connected to a public sewer system”
  • Driveway accessRequired

    New, relocated, or altered private driveways and commercial approach roads connecting to State Highway rights of way.

    • No permits will be issued for driveways or approach roads to private property where the Department has acquired all or portions of the rights of access.
    • Applications must use the Department-furnished form.
    • Hard-surfaced driveway and approach-road applications go to the Department of Roads; unsurfaced driveway applications go to the proper District Engineer's office.
    • The driveway or approach road must comply with permit conditions and must not alter highway drainage or side ditches.
    • A certified check is required as a guarantee; its amount is determined after application and based on the extent of proposed work.
    “Any person desiring to construct a new driveway or approach road or any person desiring to relocate or alter an existing driveway or approach road shall apply for a permit to do so.”
  • Short-term rentalsLimited

    Short-term lodging operations in Nebraska, including hotels, tourist homes, private homes rented in whole or in part, campgrounds, and RV pads or hookups.

    • A separate lodging tax permit is required for each hotel.
    • The permit is issued only after examination and approval.
    • The permit is not assignable and is valid only for the named operator, location, and transaction of business.
    • The permit must be conspicuously displayed.
    • Operating without a permit or after suspension is a misdemeanor; conviction may result in a fine up to $500 per day.
    • The cited state rule addresses lodging-tax permitting and does not establish statewide zoning approval for short-term rentals.

    maximum fine for operation without permit after conviction: <= 500 USD per day

    “Every person engaged in the business of operating a hotel in this state where the public may, for a consideration, obtain sleeping accommodations, must file an application with the Nebraska Department of Revenue for a Nebraska lodging tax permit.”
  • county zoning authorityGeneral

    Nebraska county boards adopting zoning resolutions for county territory outside incorporated cities and villages and outside areas where a city or village has been granted or ceded zoning jurisdiction and is exercising that jurisdiction.

    • The county board may adopt a zoning resolution having the force and effect of law.
    • The zoning resolution may regulate buildings, structures, lot coverage, setbacks, yards, population density, building uses, and land uses for agriculture, forestry, recreation, residence, industry, and trade in the unincorporated area of the county.
    • The powers may not be exercised within incorporated cities or villages or within an unincorporated area over which a city or village has been granted or ceded zoning jurisdiction and is exercising it.
    • A city or village zoning ordinance or amendment controlling an unincorporated area supersedes the county resolution or regulation.
    • If a zoning resolution or regulation affects the Niobrara scenic river corridor, the Niobrara Council must act as provided in section 72-2010.
    • A county board may not prohibit a qualifying manufactured home solely because it is manufactured, but may impose the listed installation and design standards and may not impose additional standards unless uniformly applied to all single-family dwellings in the zoning district.
    • Special districts or zones may be established in areas subject to seasonal or periodic flooding.
    “to adopt a zoning resolution, which shall have the force and effect of law;”
  • county building authorityGeneral

    Nebraska counties adopting, administering, enforcing, and requiring permits under local building or construction codes for buildings, including residential construction, in unincorporated areas.

    • A county may enact, administer, or enforce a local building or construction code only if it adopts the state building code or adopts a building or construction code that conforms generally with the state building code.
    • A local code may include special or differing standards only within the statutory conformity rules, including standards addressing construction costs, safety, durability, efficiency, best practices, or special local conditions.
    • A local code must be regularly updated; generally, the most recently enacted state building code or a conforming code must be adopted within two years after an update to the state building code.
    • If a county does not adopt a code as authorized within two years after an update to the state building code, the state building code applies in the county, except that it does not apply to construction on a farm or for farm purposes.
    • A county may adopt administrative amendments concerning enforcement organization, staff qualifications, plan examination, inspections, appeals, permits, and fees, and may publish those amendments separately from the code.
    • Under section 23-172, county-adopted codes and the building-permit or occupancy-permit requirements imposed by those codes or sections 23-114.04 and 23-114.05 apply throughout the county except within incorporated cities or villages and except within an unincorporated area where a city or village has been granted zoning jurisdiction and is exercising that jurisdiction.
    • Under section 23-114.04, permits are required before erection, construction, reconstruction, alteration, repair, or conversion of a nonfarm building or structure within a zoned area; a permit may be withheld when the proposed purpose conflicts with applicable district zoning regulations.
    • Section 23-114.04 permits reasonable county permit-fee schedules and requires written plans, including sanitation, plumbing, and sewage-disposal information, that fully conform to zoning regulations before permits issue.
    • Section 23-172 states that nothing in that section creates an obligation for the county to inspect plumbing work to determine compliance with the plumbing code.
    “Any county, city, or village may enact, administer, or enforce a local building or construction code if or as long as such county, city, or village: (i) Adopts the state building code; or (ii) Adopts a building or construction code that conforms generally with the state building code.”

Set by your township or city, not the county

In Nebraska, zoning is adopted by each township or city, so Cherry County has no county-wide answer on these. Find your township or city in the list of places on this page, or call its clerk or zoning administrator.

  • Living in an RV
  • Accessory dwellings

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.

Living off-grid in Cherry County, Nebraska

Is Cherry County a good place to live off-grid or homestead?

Cherry County scores 48/100 on the Bolthole Index, a solid county profile. Its strengths: deep seclusion — about 69 people within a 30-minute drive and manageable long-term carry cost. Watch-outs: thin water margin (22″/yr rainfall).

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

Cherry County requires a building permit only in limited cases (such as floodplains or specific zones), and it enforces county zoning. Onsite septic is permitted by Nebraska Department of Environment and Energy (NDEE/DWEE) - Onsite Wastewater Program. Owner-builders may act as their own contractor to build their home. These answers are quoted from official sources and independently re-checked. Rules change and cities within the county differ — always confirm with the county before you buy or build.

How much does land cost in Cherry County, Nebraska?

Land in Cherry County runs about $1,224 per acre, based on the latest county data.

What is the water situation in Cherry County?

Cherry County gets about 22" of rain a year, with severe drought in roughly 16% of years.

How remote is Cherry County?

A representative private-land location has about 69 people within a 30-minute drive and 75,265 within two hours. The road-network catchments count population across county lines and clusters of smaller cities; straight-line radius values remain available as a comparison.

How Cherry compares in Nebraska

Compare side-by-side →See all 93 Nebraska counties ranked →