USE OF PUBLIC WAYS FOR BUILDING OPERATIONS

Omaha Municipal Code ch. 43, art. IV

in effect

Omaha Municipal Code § 43-151 Permit required.

Sec. 43-151. - Permit required. A permit must be obtained from the public works department prior to the obstruction or occupation of any street, alley or public sidewalk. (Exception: Legally parked motor vehicles are exempt.) Sidewalks on one side of the street shall be available. If they cannot be, a posted sidewalk detour plan with ADA accessible accommodations shall be submitted and utilized. The city reserves the right to limit length and location of closures at time of application, as well as to rescind any permit should safety concerns arise. These reasons include, but are not limited to natural emergencies, sight-distance concerns, improper barricades or traffic control problems. Once a permit has been rescinded, the contractor shall have 48 hours to remove the obstruction and open up the portion of the street covered by the permit. A permit is not required for any mobile or short-term duration obstruction or occupation of any street, alley or public sidewalk of a time period of an hour or less. A permit is not required for any obstruction or occupation of any street, alley or public sidewalk of a time period of 48 hours or less when the obstruction or occupation is for work on a local street, alley or public sidewalk that the public works director or his/her designee determines is a residential area. (Ord. No. 33582, § 1(43-151), 6-27-95; Ord. No. 43054, § 1, 9-13-22)

Omaha Municipal Code § 43-152 Application for permit.

Sec. 43-152. - Application for permit. Applications for permits under this article shall be applied for online at ParkOmaha.com, and shall include one copy of a drawing (8½ inches by 11 inches minimum size) showing the location and area to be used with dimensions to the nearest property lines, curb lines and nearest street corner and the dimensions and linear footage of the area to be used. On arterial and collector streets, traffic control shall be set up by a certified traffic control contractor and the traffic control must meet the requirements of the City Barricade Manual and the Manual for Uniform Traffic Control Devices (MUTCD). (Ord. No. 33582, § 1(43-152), 6-27-95; Ord. No. 43054, § 2, 9-13-22)

Omaha Municipal Code § 43-153 Insurance.

Sec. 43-153. - Insurance. (a) Any person or agent needing a permit for use of the public way, as defined in this article, shall, before he is granted a permit, place on file with the public works department proof of insurance and a signed indemnity agreement as described in subsections (b) and (c) of this section. (b) The applicant shall procure and maintain in effect insurance policies including the following coverages: (1) Commercial general liability insurance, including contractual liability insurance, with a limit of at least $500,000.00 per occurrence and at least $1,000,000.00 general annual aggregate limit; and (2) Automobile liability insurance with a limit of at least $1,000,000.00 for each accident. The insurance policies above shall be endorsed to name the city as an additional insured, and to provide that the insurance company give 30 days prior written notice to the city in the event of cancellation or nonrenewal of such policy. Evidence of the above required insurance shall be furnished on an insurance industry standard certificate form acceptable to the city. If there are special limitations on the insurance policy, then a copy of the policy exclusions must be submitted with the insurance certificate. Proof of insurance shall be submitted directly to the city for review and approval. (c) The applicant shall sign and provide to the city an indemnity agreement in approximately the following language: "The undersigned, in consideration of the issuance, by the City of Omaha, a Nebraska municipal corporation ("City"), of a permit for use of a public way for building operations at the address stated below, agrees to defend, save, hold harmless and indemnify the City and its agents from all liability, claims, damages, judgments, costs and expenses of any nature and description caused in whole or part by or growing out of: (i) the undersigned's use of public ways during the said building operations within the City of Omaha or its jurisdiction; (ii) the undersigned's placing or failing to place any obstruction, barricade, material, equipment, or apparatus of any nature in any street, highway, alley, sidewalk space or thoroughfare, as an incident to or in connection with the said building operations; or (iii) any and all negligence on the part of the undersigned in the said building operations. ___________ (signature of authorized representative) ___________ (address of public way to be used)" (Ord. No. 33582, § 1(43-153), 6-27-95; Ord. No. 36985, § 1, 3-29-05; Ord. No. 43054, § 3, 9-13-22)

Omaha Municipal Code § 43-154 Permit fee.

Sec. 43-154. - Permit fee. Before any permit required by this article is issued, the applicant shall pay a fee as follows: (a) There is a $30.00 fee for all permits for dumpsters and storage units. The initial term of the permit is for 15 days. An additional fee of $30.00 is due for each additional 15-day period thereafter. (b) For all other permits, the fee shall be as follows: (i) On areas designated as an arterial street or higher volume, the permit holder will be responsible to pay a fee per travel or parking lane as follows: • 300 linear feet or less shall be $15.00 per calendar day for the duration of the permit. • 301 to 600 linear feet shall be $24.00 per calendar day for the duration of the permit. • 601 to 900 linear feet shall be $33.00 per calendar day for the duration of the permit. • Over 900 linear feet shall be $40.00 per calendar day for the duration of the permit. (ii) On areas designated as a collector street or above, the permit holder will be responsible to pay a fee per travel or parking lane as follows: • 300 linear feet or less shall be $9.00 per calendar day for the duration of the permit. • 301 to 600 linear feet shall be $12.00 per calendar day for the duration of the permit. • 601 to 900 linear feet shall be $15.00 per calendar day for the duration of the permit. • Over 900 linear feet shall be $18.00 per calendar day for the duration of the permit. (iii) For local streets, sidewalks, alleys and other right-of-way areas, the permit holder will be responsible to pay a fee per travel lane, parking lane, or walkway as follows: • 300 linear feet shall be $6.00 per calendar day for the duration of the permit. • 301 to 600 linear feet shall be $8.00 per calendar day for the duration of the permit. • 601 to 900 linear feet shall be $10.00 per calendar day for the duration of the permit. • Over 900 linear feet shall be $12.00 per calendar day for the duration of the permit. (c) The fee shall be waived for that part of an area to be obstructed or occupied where payment in lieu of parking meter revenue is directed by the public works director. (d) Whenever a public street, alley or sidewalk is obstructed or occupied without first obtaining a permit, the fee shall be quadruple that required for the first 15-day period. Payment is required at time of issuance of permit. If the time period from the original permit is extended, payment is required prior to the expiration of the original permit. Refunds will be made for days paid in advance if requested usage is completed ahead of schedule. (Ord. No. 33582, § 1(43-154), 6-27-95; Ord. No. 43054, § 4, 9-13-22)

Omaha Municipal Code § 43-155 Reserved.

Omaha Municipal Code § 43-156 Area of occupancy—Generally.

Sec. 43-156. - Area of occupancy—Generally. A permit issued under the provisions of this article shall not authorize the occupation of any sidewalk, street or alley not directly in front of the lot(s) upon which the work is to be performed. (Ord. No. 33582, § 1(43-156), 6-27-95)

Omaha Municipal Code § 43-157 Same—Additional area on abutting property.

Sec. 43-157. - Same—Additional area on abutting property. If written consent and a waiver of claims for damages against the city are obtained from the owners of abutting properties and this is presented to the superintendent of permits and inspection, permission to occupy the roadway or sidewalk may be extended beyond that defined in section 43-156, to the land in front of the property. (Ord. No. 33582, § 1(43-157), 6-27-95)

Omaha Municipal Code § 43-158 Termination of occupancy.

Sec. 43-158. - Termination of occupancy. It shall be unlawful for any person to continue to occupy any street or sidewalk after the expiration date of the permit or after the completion of the actual excavation, erection, repair, alteration or removal of buildings or other construction associated with the obstruction, whichever occurs first. (Ord. No. 33582, § 1(43-158), 6-27-95)

Omaha Municipal Code § 43-159 Certain storage unlawful.

Sec. 43-159. - Certain storage unlawful. It shall be unlawful for any person to store articles on the public street, sidewalk or alley not intended for immediate use in connection with the operations of the adjacent building. (Ord. No. 33582, § 1(43-159), 6-27-95)

Omaha Municipal Code § 43-160 Safety precautions at driveways, gates and doorways.

Sec. 43-160. - Safety precautions at driveways, gates and doorways. When temporary obstructions block the vision of pedestrian or vehicular traffic, it shall be the responsibility of the permittee to provide a watchman at the gate or driveway to protect the public. All doorways and gates through sidewalk protective barriers shall be kept closed except when opened to allow materials or authorized persons to pass through. (Ord. No. 33582, § 1(43-160), 6-27-95)

Omaha Municipal Code § 43-161 Proximity of structures or material to railroad tracks.

Sec. 43-161. - Proximity of structures or material to railroad tracks. No temporary structure shall be erected or material placed within 4½ feet of any railroad track. (Ord. No. 33582, § 1(43-161), 6-27-95)

Omaha Municipal Code § 43-162 Excavation under sidewalks.

Sec. 43-162. - Excavation under sidewalks. When all or part of a public sidewalk is to be occupied or excavated, the holder of the permit issued under this article shall construct a temporary sidewalk or detour. The temporary sidewalk shall be a minimum of 48 inches wide, be designed for a live load of 150 pounds per square foot, and meet the requirements for handicapped accessibility of this chapter. The building official may require the side toward the work to be a tightly closed construction in order to protect pedestrians using the walkway. (Ord. No. 33582, § 1(43-162), 6-27-95)

Omaha Municipal Code § 43-163 Scaffolding.

Sec. 43-163. - Scaffolding. All scaffolding used on public property must meet the requirements of OSHA Standard 1926.451. If pedestrians will normally pass under the scaffolding, protection will be provided to protect them from the heaviest material that has a reasonable possibility of being dropped or falling from above. (Ord. No. 33582, § 1(43-163), 6-27-95)

Omaha Municipal Code § 43-164 Storage of earth or rubbish.

Sec. 43-164. - Storage of earth or rubbish. Excavated earth, fill earth or rubbish shall not be stored on roadways or sidewalks. Rubbish and excavated earth which is not needed on-site must be removed daily or kept in closed containers. When dry rubbish, apt to produce dust, is being handled, it shall be kept wetted down so as to prevent its being blown about by the wind. (Ord. No. 33582, § 1(43-164), 6-27-95)

Omaha Municipal Code § 43-165 Hoist, cranes and derricks.

Sec. 43-165. - Hoist, cranes and derricks. Hoists, cranes or derricks operated on public property must meet the requirements of OSHA Standard 1926.550, 552, 553, 554 or 556. (Ord. No. 33582, § 1(43-165), 6-27-95)

Omaha Municipal Code § 43-166 Temporary lighting.

Sec. 43-166. - Temporary lighting. When a temporary sidewalk or detour is constructed, it shall utilize existing lighting or additional artificial light to provide a minimum of 0.1 footcandle of light at the walking space. (Ord. No. 33582, § 1(43-166), 6-27-95)

Omaha Municipal Code § 43-167 Approval of traffic engineer required for occupation of street; protection of obstructions in street.

Sec. 43-167. - Approval of traffic engineer required for occupation of street; protection of obstructions in street. When the area proposed to be occupied under a permit required by this article includes any portion of a street, boulevard or highway improved, designed or ordinarily used for vehicular travel, the permit shall also be approved by the traffic engineer. When an obstruction is placed in any street or alley it must be protected by barriers, lights or reflectors as directed by the public works department. (Ord. No. 33582, § 1(43-167), 6-27-95)

Omaha Municipal Code § 43-168 Maximum obstruction of streets.

Sec. 43-168. - Maximum obstruction of streets. The occupation of the street for storage of building material, for temporary sidewalks or for equipment used therefor shall never exceed, in front of any one building, one-half the width of the roadway. (Ord. No. 33582, § 1(43-168), 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_ARTIVUSPUWABUOPFetched: 10/28/2026