Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 2 - APPLICATION OF REGULATIONS; GENERAL PROVISIONS › Section 124-2-011

Current through June 17, 2024
A person is not to construct or relocate a foundation, well, water
	 line, surface water feature, or property line within the setback distances
	 listed in Table 2.1 of any onsite wastewater system, except that the Department
	 may approve, at the system owner's request, an encroachment within the minimum
	 setback distance to system components upon submittal of a 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 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 and does not
	 endanger human health or cause pollution; or if a less stringent distance is in
	 a General Permit that setback distance would apply.
Table 2.1 - Lagoon, Tank and Soil Absorption System
	 Setbacks
Minimum Setback Distance feet
				  (meters)
Item
Tanks
Absorption, Infiltrative, and
				  Evaporative Systems
Lagoons
Surface Water
50 ft. (15.2 m)
50 ft. (15.2 m)
50 ft. (15.2 m)
Private Drinking Water Wells
50 ft. (15.2 m)
100 ft. (30.5 m)
100 ft. (30.5 m)
Public Drinking Water Supply
				  Wells:
Non-Community System*
50 ft. (15.2 m)
100 ft. (30.5 m)
100 ft. (30.5 m)
Community System
500 ft. (152.4 m)
500 ft. (152.4 m)
1000 ft. (304.8 m)
Community System when a septic system or soil absorption
				  system of > 1000 gpd is installed
500 ft. (152.4 m )
1000 ft. (304.8 m)
N/A
Horizontal Closed Loop Geothermal Wells (trenched or dug and
				  above the ground water table)
25 ft. (15.2m)
25 ft. (15.2m)
25 ft. (15.2m)
All Other Water Wells
50 ft. (15.2 m)
100 ft. (30.5 m)
100 ft. (152.4 m)
Water Lines:
Pressure Main/-Service Connection/Suction
				  Lines
10 ft. (3.1 m)
25 ft. (7.6 m)
25 ft. (7.6 m)
Property Lines
5 ft. (1.5 m)
5 ft. (1.5 m)
50 ft. (15.2 m)
Trees
NA
NA
50 ft. (15.2 m)
Parking area, driveway, sidewalk, or other impermeable
				  surface or cover
5 ft. (1.5 m)
5 ft. (1.5 m)
50 ft. (15.2 m)
Foundation:
Class 1
15 ft. (4.6 m)
30 ft. (9.1 m)
100 ft. (30.5 m)
Class 2
10 ft. (3.1 m)
10 ft. (3.1 m)
100 ft. (30.5 m)
Class 3
7 ft. (2.1 m)
10 ft. (3.1 m)
50 ft. (15.2 m)
Neighbor's
				  Foundation:
Class 1
25 ft. (7.6 m)
40 ft. (12.2 m)
200 ft. (61.0 m)
Class 2
20 ft. (6.1 m)
30 ft. (9.1 m)
200 ft. (61.0 m)
Class 3
15 ft. (4.6 m)
20 ft. (6.1 m)
100 ft. (30.5 m)
*See NAC Title 179 - Public Water Supply
				  Systems
, 7-010, for a complete definition for Noncommunity systems.
				  It should be noted that some non-community systems may have more stringent
				  setback requirements, per Title 179.
* Class 1 means a basement, a non-basement footing, swimming
				  pool, or slab-on-grade living quarters where any portion of the living quarters
				  basement, footing, or slab is lower in elevation than the onsite wastewater
				  treatment system component.
* Class 2 means a basement, a non-basement footing
				  foundation, trailer house, swimming pool, or slab-on-grade living quarters
				  higher in elevation than the on-site wastewater treatment system. Any other
				  foundation that is not a Class 1 or Class 3 is a Class 2 Foundation
* Class 3 means slab-on-grade construction that is not used
				  as living quarters.
* The water well setback does not apply to a monitoring well
				  meeting the requirements of Nebraska Administrative Code Title 178 that is
				  installed and used for monitoring ground water quality.