Clean Water Act Section 404 Program Assumption Investigation Report
This information is provided by the Nebraska Department of Environment and Energy to assist the public and regulated community.
Form #: 22-061 Reports Revised: 7/29/22

The Nebraska Legislature passed LB302 in July 2019 giving the Nebraska Department of Environment and Energy the authority to pursue assumption of the Clean Water Act (CWA) Section 404 Program (404 Program) (Neb. Rev. Stat. 81-1504 - 81-1506). An assumed 404 Program means the state would administer an individual and general permit program for the discharge of dredged or fill material into Waters of the United States (WOTUS).

This report reflects the investigation efforts of the Nebraska Department of Environment and Energy to review and analyze 10 years of 404 permitting activities to determine the feasibility of pursuing the development of a state program and application to the U.S. EPA for full assumption of the CWA Section 404 Program in Nebraska.