Floating The Good Life • Nebraska Game and Parks Commission 47
P E R M I T T I N G W A T E R A C C E S S L O C A T I O N S
Building a water access will require permits. Obtaining the proper regulatory authorizations
that focus on managing our natural water resources and minimizing environmental impacts
will be required for most water-access projects. The duration of the permitting process and
number of authorizations required will vary based on the waterway involved and the level of
proposed development. Requirements at local, state, and federal levels of government must
be identified, applied for, and obtained before starting demolition or construction. Contact the
governing agencies provided here with specific questions to begin your permitting process.
Regulatory permitting focuses on three general areas – the water body, its embankments
and the adjacent floodway and floodplain (lands adjacent to a river or stream that experiences
flooding during periods of high flows). Lakes and reservoirs are not typically exempt from
the permitting process. Many of Nebraska's lakes are constructed reservoirs, with a stream
flowing in and discharging out that may be considered a free-flowing waterway. Many
require permitting.
Regulated "Waters of the United States" is the term used by the U.S. Army Corps of
Engineers (USACE) that refers to streams, rivers, and in many cases, reservoirs. Permits that
will typically be required from the USACE for your water trail access project will be called
a 401 Permit or 404 Permit (see definition of terms at the end of this section). In addition
to recognized water bodies, the USACE additionally regulates protection and impacts of
wetlands (a landform that is saturated by water continually or seasonally and has a distinct
ecosystem). Wetlands may occur within streams and riverbanks, floodplains, or adjacent to
lakes and reservoirs, so you need to identify if they are present within your project area. A
wetland delineation (field determining the presence and defined outline of existing wetlands
on site by a qualified individual) will be required to go along with the permitting process
through USACE.
The USACE administers the regulatory process under their mission of protecting the
nation's aquatic resources while allowing responsible and suitable development to occur. For
all regulated waters within Nebraska, the process is administered out of the Omaha District
Office. For more information about permitting, contact the office at:
USACE Omaha District Office Regulatory Program
8901 South 154th Street
Omaha, Nebraska 68138-3635
402-896-0896
nwo.usace.army.mil/missions/regulatory-program/Nebraska
