124 Neb. Admin. Code, ch. 2, § 011
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. | |||
124 Neb. Admin. Code, ch. 2, § 011