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GRADING AND EROSION CONTROL

Omaha Municipal Code ch. 43, art. VIII
in effect

Omaha Municipal Code § 43-261 Maximum permissible slope resulting from excavation.

Sec. 43-261. - Maximum permissible slope resulting from excavation. (a) Limitation. It shall be unlawful to make an excavation or fill which causes a ground slope of more than 2.5 horizontal to one vertical. (b) Exceptions. (1) Slopes whose faces are protected by retaining walls or other systems which are designed by an engineer registered in the State of Nebraska. (2) Slopes whose vertical elevation change is less than six feet. (3) Slopes which are part of an active construction project that has been properly permitted. (4) Slopes of temporary surcharge piles. (Ord. No. 33582, § 1(43-261), 6-27-95)

Omaha Municipal Code § 43-262 Setback of slopes from site boundary.

Sec. 43-262. - Setback of slopes from site boundary. (a) Top of cut slope. The top of cut slopes shall not be nearer the site boundary than one-fifth of the vertical height of the slope with a minimum of two feet and a maximum of ten feet. (b) Toe of slope. The toe of the slope shall not be nearer the site boundary than one-half the height of the slope or a maximum of 20 feet, whichever is less. Where adjoining property is developed, the building official may require additional measures to protect the adjoining property from damage. (c) Investigation by soils engineer. The building official may require an investigation and recommendation by a soils engineer to demonstrate that the intent of this section has been met. (Ord. No. 33582, § 1(43-262), 6-27-95)

Omaha Municipal Code § 43-263 Correction of violations.

Sec. 43-263. - Correction of violations. Whenever the building official determines that any existing excavation or fill on private property is in violation of section 43-261 or 43-262, the owner of the property on which the excavation or fill is located, or the owner's agent, shall be notified in writing to correct or eliminate the hazard within a reasonable period of time. If the owner or his agent does not correct the hazard within the specified period of time, he shall be in violation of this chapter and be punished as provided for in section 1-10 of this Code. (Ord. No. 33582, § 1(43-263), 6-27-95)
Source: City of Omaha, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ne/omaha/codes/code_of_ordinances?nodeId=OMMUCOCHGEORVOII_CH43BU_ARTVIIIGRERCOFetched: 10/28/2026

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