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Lincoln, NE Environmental Rules: Erosion Control (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Permit
NOI or INOI required before construction
Plan
SWPPP must accompany the permit
Penalty
$100–$500 per day, misdemeanor
Scope
City limits plus Tier I area
Exemption
Emergency work needing immediate action

Summary

Lincoln requires a Notice of Intent permit and Stormwater Pollution Prevention Plan before any construction activity that disturbs soil, inside city limits and in the Tier I extraterritorial planning area.

a. A permit is required for all construction activity within the corporate limits of the City and within the land outside the corporate limits designated as Tier I.

b. No person shall engage in any construction activity without a permit.

c. No permit is required for any emergency construction activity that is immediately necessary to be carried out for the protection of life, limb, property, or natural resource. (Ord. 19671 §3; February 6, 2012: prior Ord. 18949 §4; June 25, 2007).

28.01.050 Permit Procedures.

a. Any person who seeks to engage in construction activity must complete and submit a permit application electronically in the form of a Notice of Intent (NOI) or Individual Lot Notice of Intent (INOI) to the City. A Stormwater Pollution Prevention Plan (SWPPP) shall accompany the permit application.

b. Each permit application must include payment of a prescribed fee as follows: 1. NOI - Minimum permit fee of $0.00 plus $0.00 for each disturbed acre over one acre.

2. INOI - Minimum permit fee of $0.00. c. Each permit application shall bear the name(s), address(es), phone number(s), and email address of the applicant, and the designer of the SWPPP.

d. The City will review each permit application to determine conformance with this chapter. Within seven calendar days of receiving a permit application, the City shall: 1. Issue the permit;

Source: Lincoln Design Standards — Erosion ControlView official code

Full Breakdown

Under Lincoln Municipal Code § 28.01.040, anyone starting construction activity that disturbs soil must get a permit first, submitted as a Notice of Intent (NOI) or Individual Notice of Intent (INOI) with an accompanying Stormwater Pollution Prevention Plan (SWPPP) detailing erosion and sediment control measures. The rule reaches beyond city limits: § 28.01.020 applies it to land in the Tier I area of the joint City of Lincoln/Lancaster County Comprehensive Plan, administered jointly with the Lower Platte South Natural Resources District. Only emergency work needed to protect life, limb, property, or natural resources is exempt from the permit requirement.

Violations & Fines

Violating any permit condition or the SWPPP is a misdemeanor: $100 to $500 per day, with each day of continuing violation a separate offense (§ 28.01.125).

Frequently Asked Questions

Do I need a permit before grading or clearing land in Lincoln?
Yes. Lincoln Municipal Code § 28.01.040 requires a permit (NOI or INOI) with a Stormwater Pollution Prevention Plan for any construction activity that disturbs soil, before work begins, except emergency work.
Does this rule apply outside the Lincoln city limits?
Yes. Section 28.01.020 extends it to land in the Tier I area of the joint Lincoln/Lancaster County Comprehensive Plan, administered with the Lower Platte South Natural Resources District.
What happens if I start construction without a permit?
It's a misdemeanor under § 28.01.125, punishable by a fine of $100 to $500 per day, with each day of continuing violation counted as a separate offense.

Sources & Official References

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