Title 124 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY

Chapter 5 - SETBACK DISTANCES

001 The installation of a septic tank system or holding tank is prohibited within the setback distances in Table 5.1 unless individually reviewed and a construction permit is issued by the Department or the installation is in an area controlled by a local government agency that has a Memorandum of Agreement (MOA) with the Department with specific encroachment allowances listed in the MOA as determined by scientific data and inspected by the local agency.
TABLE 5.1 - Septic Tank, Holding Tank, and Soil Absorption Systems

Minimum Setback Distance feet (meters)
Item
Tanks
Absorption, Infiltrative, and Evaporative Systems
Surface Water: 50 ft. ( 15.2 m ) 50 ft. ( 15.2 m)
Private Drinking Water Wells: 50 ft. ( 15.2 m )100 ft. ( 30.5 m)
Public Drinking Water Supply Wells:
Non-Community System 50 ft. ( 15.2 m )100 ft. ( 30.5 m )
Community System500 ft. (152.4 m )500 ft. (152.4 m )
Community System when a septic system or soil absorption system of > 1000 gpd is proposed500 ft. (152.4 m )Evaluated by professional engineer for potential impact on the well and submitted to the Department for approval if less than 1000 ft.
All Other Water Wells: 50 ft. ( 15.2 m )100 ft. ( 30.5 m )
Water Lines:
Pressure-Main 10 ft. ( 3.1 m ) 25 ft. ( 7.6 m )
Pressure-
Service Connection		 10 ft. ( 3.1 m ) 25 ft. ( 7.6 m )
Suction Lines 50 ft. ( 15.2 m )100 ft. ( 30.5 m )
Property Lines: 5 ft. ( 1.5 m ) 5 ft. ( 1.5 m )
Foundations: (see “class” definition following Table 5.2)
Except Neighbors Foundation:
Class 1 * 15 ft. ( 4.6 m ) 30 ft. ( 9.1 m )
Class 2 ** 10 ft. ( 3.1 m ) 20 ft. ( 6.1 m )
Class 3 *** 7 ft. ( 2.1 m ) 10 ft. ( 3.1 m )
Neighbors Foundation:
Class 1 * 25 ft. ( 7.6 m ) 40 ft. ( 12.2 m )
Class 2 ** 20 ft. ( 6.1 m ) 30 ft. ( 9.1 m )
Class 3 *** 15 ft. ( 4.6 m ) 20 ft. ( 6.1 m )


002 The installation of a lagoon is prohibited within the setback distances in Table 5.2 unless individually reviewed and a construction permit is issued by the Department, or the installation is in an area controlled by a local government agency that has a Memorandum of Agreement (MOA) with the Department with specific encroachment allowances listed in the MOA as determined by scientific data and inspected by the local agency.
TABLE 5.2 - Lagoons
Item
Minimum Setback Distance - feet (meters)
Surface Water: Distance from High Water Mark 50 ft. (15.2 m)
Private Drinking Water Wells: 100 ft. (30.5 m)
Public Drinking Water Supply Wells:
Non-Community 100 ft. (30.5 m)
CommunityEvaluated by a professional engineer for potential impact on the well and submitted to the Department for approval if less than 1000 ft (304.8 m).
All Other Water Wells:100 ft. (152.4 m)
Water Lines:
Pressure-Main 25 ft. (7.6 m)
Pressure-Service Connection 25 ft. (7.6 m)
Suction Line100 ft. (30.5 m)
Property Lines: 50 ft. (15.2 m)
Trees: 50 ft. (15.2 m)
Foundations: (see “class” definition at end of Table 5.2)
Except Neighbors Foundation:
Class 1 *100 ft. (30.5 m)
Class 2 **100 ft. (30.5 m)
Class 3 *** 50 ft. (15.2 m)
Neighbors Foundation:
Class 1 *200 ft. (61.0 m)
Class 2 **200 ft. (61.0 m)
Class 3 ***100 ft. (30.5 m)
* Class 1 Foundations:
Full basements, or non-basement footing foundations and slab on grade for living quarters that are lower in elevation from the on-site wastewater treatment system.
** Class 2 Foundations:
Non-basement footing foundations, trailer houses and slab on grade living quarters that are higher in elevation than the on-site wastewater treatment system.
*** Class 3 Foundations:
Structures using slab on grade construction and are not used as living quarters.

003 Location of an on-site wastewater treatment system on property not owned by the facility using the system shall have an easement between the facility and the land owner on which the system resides for the life of the facility.

004 The Department may require greater setback distances for approvable surface discharge systems as necessary to protect the surface water and groundwater.

005 Setback distances for all other on-site wastewater treatment systems shall be determined by the Department to protect public health and the environment.

006 Construction or relocation of a foundation, well, water line, surface water feature, or property line by the system owner within the setback distances listed in Table 5.1 or Table 5.2. of any onsite wastewater system or area reserved for a replacement soil absorption system is prohibited, except that the Department may approve, at the system owner’s request, encroachment of a foundation within the minimum setback distances to system components upon submittal of a foundation construction plan and a letter from a professional engineer stating that he or she has evaluated the proposed construction plan and in his or her professional opinion, the encroachment will not have any detrimental effect on the structural integrity of the foundation or system components, or on the proper function and operation of the system components, or on the ability to maintain or replace any of the system components.


Enabling Legislation: Neb. Rev. Stat. §81-1505(8).

Legal Citation: Title 124, Ch. 5, Nebraska Department of Environmental Quality.


Nebraska Department of Environmental Quality
1200 "N" Street, Suite 400
P.O. Box 98922
Lincoln, Nebraska 68509
(402) 471-2186