National Regulatory Announcements

 

State of Nebraska Specific Announcements 

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Expand List item 38816Collapse List item 38816  April 7, 2025 - Special Public Notice for Special Emergency Processing Procedures under E.O. 14156 in Montana, Nebraska, North Dakota, South Dakota, and Wyoming for Section 10 Rivers and Harbors Act and Section 404 Clean Water Action Permits.

The purpose of this notice is to advise the public that the U.S. Army Corps of Engineers (USACE), Northwestern Division has approved the use of special emergency processing procedures by the Omaha District in accordance with 33 CFR § 325.2(e)(4) for activities covered by the National Energy Emergency declared in Executive Order (EO) 14156. That EO was issued on January 20, 2025, under the President’s legal authorities, including the National Emergencies Act (50 U.S.C. §§ 1601 et seq.) and 3 USC § 301. For the reasons stated in Section 1 of EO 14156, the President has found that insufficient energy production, transportation, refining, and generation constitutes an unusual and extraordinary threat to our Nation’s economy, national security, and foreign policy and declared a national emergency on the basis of those findings. The President has directed agencies to use, to the fullest extent possible and consistent with applicable law, emergency USACE permitting provisions to facilitate the Nation’s energy supply.
Link to Public Notice:  Special Public Notice for Special Emergency Processing Procedures under E.O. 14156 in Montana, Nebraska, North Dakota, South Dakota, and Wyoming for Section 10 Rivers and Harbors Act and Section 404 Clean Water Action Permits.
 

The U.S. Army Corps of Engineers, Omaha District, (Corps) is issuing this public notice to inform members of the public of Section 404 of the Clean Water Act (Section 404) and Section 10 of the Rivers and Harbors Act of 1899 (Section 10). The Corps administers the permitting process for activities in waters of the United States and when activities occur over, in, or under a Section 10 water. This public notice explains when the Corps has jurisdiction over work or activities, what types of Department of Army (DA) permits are available, and how to apply for those permits. Specific emphasis is on emergencies and the permitting process for emergency activities in Nebraska, western Iowa, and South Dakota. For western Iowa this emergency permitting process only applies to the Missouri River and the contiguous wetlands on the Iowa side of the Missouri River.

Regulatory Overview

The mission of the U.S. Army Corps of Engineers (USACE) Regulatory Program is to protect the Nation's aquatic resources while allowing reasonable development through fair, flexible and balanced permit decisions. USACE has been regulating activities in the nation's waters since 1890. The program was initially created solely to prevent obstructions to navigation. An early 20th century law gave USACE regulatory authority over the dumping of trash and sewage. The passage of the Clean Water Act in 1972 greatly broadened this role by giving USACE authority over dredging and filling in the waters of the United States including many wetlands.

8901 South 154th Street | Omaha | Nebraska | 68138-3635 | Ph: 402-896-0896 | Fax: 402-896-0997

Email: NE404Reg@usace.army.mil

Post-Flood Permitting - Nebraska

Click below for detailed information.

Graphic with link to post-flood permitting fact sheet.

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Apply for Permits, Jurisdictional Determinations and other Requests

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Expand List item 38544Collapse List item 38544  The Nebraska Regulatory Office of the U.S. Army Corps of Engineers' Omaha District has transitioned to digital applications.  If it is necessary to provide a hard copy of the application materials, and/or any subsequent material, a digital copy must also be provided for the digital record.

All electronic applications and requests must be sent to NE404Reg@usace.army.mil.

To expedite your request, please include the following information in the body of the email:

  1. Project name
  2. Applicant/Requestor/Client Contact Information (Name, Address, Phone, Email)
  3. Latitude and Longitude (in decimal degrees) of the project area
  4. Location description (Address or Cross Streets, City, County, State)
  5. Type of Request (Jurisdictional Determination, Pre-application Meeting, Regional / Nationwide / Individual Permit, Letter of No Objection / No Permit Required Letter, etc.)
  6. Is this request related to any previous Army Corps reviews?  If so, please provide the Army Corps file number for that review (i.e., NWO-2000-00000).
Attach contents of requests to email:
  1. The preferred document file format is Adobe PDF (.pdf).  We will also accept Word documents in .docx format. The Aquatic Resource/Consolidated Upload Excel spreadsheet must be submitted in .xlsm spreadsheet format.
  2. Digital documents must have sufficient resolution to depict project details.  In order to have the highest quality documents, please convert original digital documents to PDF.  All forms that require signature must be digitally signed or signed manually, scanned and then transmitted electronically.
  3. If transmitting via email, include all information as email attachments, and avoid transmitting information in the body of the email.
  4. All documents (aquatic resource delineations, permit applications, endangered species biological assessment, historic properties reports, etc.) must be submitted as separate files. Do not combine all documents into one Adobe PDF or Word document file.
  5. Name files based on their content. Please do not use company project numbers or acronyms as the sole basis for the file name(s).
  6. Reduce file sizes to the maximum extent possible.
To facilitate sending large file sizes (greater than 10MB):
  1. Use .zip files as attachments. Combine multiple files into a .zip file to compress file size prior to adding as an email attachment.
  2. Send multiple emails. Label each email with same subject line and indicate number of emails. For example:
    • Smith Subdivision Application (1 of 2)
    • Smith Subdivision Application (2 of 2)
  3. For submittals greater than 10MB and less than 8GB, please use the DoD SAFE (Secure Access File Exchange) https://safe.apps.mil/ .  Please contact us at NE404Reg@usace.army.mil for an access code.
For those who want to submit a paper copy, please send the application package to the address below and include a copy of the entire application package on a CD/DVD.  Please note that we are unable to accept flash drives.
 
US Army Corps of Engineers
8901 South 154th Street
Omaha, Nebraska 68138-3635