Last Updated 08/25/2026
Nebraska Stormwater Regulations
The Nebraska Department of Environmental Quality NPDES Permits and Compliance Unit runs the stormwater program at the state level. NPDES Phase II Permits were originally issued in 2005 to existing MS4s. Authority for this program comes from the Nebraska Administrative Code, Title 119- Nebraska Department of Environmental Quality, Chapter 10-Storm Water Discharges. These regulations apply to projects that disturb at least one acre, including projects that are part of a larger common plan and that discharge into small Municipal Separate Storm Sewer Systems. The standards apply statewide to any Phase II MS4s (except those under NER210000). Phase II MS4s are in place in Douglas, Sarpy, and Washington Counties.
Post-Construction Standards for New Development do not exist at the state level but are imposed federally and locally. Compliance with federal regulations is reached through annual reports by the MS4.
Excerpt- Title 119 chapter 10 NPDES Regulations Applicable to Storm Water Discharges
002.12E The MS4’s permit will require that the MS4 address post-construction development in new development and redevelopment. The MS4 must develop, implement, and enforce a program to address storm water runoff from new development and redevelopment projects less one acre that are part of a common plan of development or sale. The program must ensure that controls are in place that would prevent or minimize water quality impacts and must include:
002.12E1 Development and implementation strategies which include a combination of structural and/or best management practices (BMPs) appropriate for the MS4’s community;
002.12E2 Use of an ordinance or other regulatory mechanism to address post-construction runoff from new development and redevelopment projects to the extent allowable under State or local law; and
002.12E3 Provision for adequate long-term operation and maintenance of BMPs.
002.12F The MS4 permit will require pollution prevention and good housekeeping. The MS4 must develop and implement as operation and maintenance program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. The program must include employee training to prevent and reduce storm water pollution from activities such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and storm water system maintenance.
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Frequently Asked Questions
What regulates stormwater discharge at the state level in Nebraska?
The Nebraska Department of Environmental Quality’s NPDES Permits and Compliance Unit runs the program statewide, under authority from Nebraska Administrative Code Title 119, Chapter 10. NPDES Phase II permits were first issued to existing MS4s in 2005, and standards apply statewide to any Phase II MS4 except those under NER210000.
Which Nebraska counties have their own Phase II MS4 programs?
Douglas, Sarpy, and Washington counties currently operate Phase II MS4 programs. These regulations apply to projects disturbing at least 1 acre, including smaller projects that are part of a larger common plan of development or sale and that discharge into a small municipal separate storm sewer system.
Does Nebraska set statewide post-construction stormwater standards for new development?
No, not at the state level. Post-construction standards for new development are imposed federally and locally rather than by the state, with compliance tracked through annual reports each MS4 submits.
What does an MS4's post-construction program have to include under Nebraska's NPDES regulations?
Each MS4 must develop, implement, and enforce a program addressing runoff from new development and redevelopment projects, using a combination of structural or non-structural best management practices suited to the community. The program must also use an ordinance or other regulatory mechanism to address post-construction runoff, to the extent allowed under state or local law, and provide for adequate long-term operation and maintenance of BMPs.
What does Nebraska require of MS4s for pollution prevention and good housekeeping?
Each MS4 must develop and implement an operation and maintenance program that includes employee training aimed at preventing or reducing stormwater pollution from municipal activities. This covers park and open space maintenance, fleet and building maintenance, new construction and land disturbance, and maintenance of the stormwater system itself.
The information on this page is provided for general informational purposes only and is not legal advice. Regulations change frequently — AQUALIS makes no warranty as to the accuracy or completeness of this content, and any reliance on it is at your own risk. Consult a qualified professional or your local regulatory authority to confirm requirements applicable to your specific property.
