Nebraska Statewide Rule

Nebraska Floodplain Management and Construction Standards

Heavy RestrictionsApplies statewide across Nebraska (2026)

Key Facts

Statute: Neb. Rev. Stat. 31-1001 to 31-1023
Oversight agency: Dept. of Water, Energy, and Environment
Construction standard: At or above BFE
Federal program: NFIP coordination

Last verified: August 21, 2026Source: Nebraska Legislature

Summary

Nebraska requires participating communities to adopt floodplain management ordinances meeting state and federal minimums. The Department of Water, Energy, and Environment (DWEE) oversees uniform construction and elevation rules within mapped floodplains statewide.

When the department, a federal agency, or any other entity has provided a local government with sufficient data and maps with which to reasonably locate within its zoning jurisdiction any portion of the flood plain for the base flood of any watercourse or drainway, it shall be the responsibility of such local government to adopt, administer, and enforce flood plain management regulations which meet or exceed the minimum standards adopted by the department pursuant to subdivision (5) of section 31-1017.

Source: Nebraska LegislatureView official code

Full Breakdown

Under Neb. Rev. Stat. 31-1001 to 31-1023, the Nebraska Department of Water, Energy, and Environment (DWEE) administers the state floodplain management program in coordination with the National Flood Insurance Program; DWEE absorbed the former Department of Natural Resources on July 1, 2025. Communities participating in the NFIP must regulate new construction in mapped 100-year floodplains, including elevating the lowest floor at or above the base flood elevation, anchoring, flood-resistant materials, and floodway encroachment limits. The state may sanction non-compliant communities, jeopardizing residents' federal flood insurance eligibility. Local rules may be stricter, requiring higher freeboard or wider buffers, but cannot fall below NFIP and DWEE minimums.

Violations & Penalties

Building without a floodplain development permit or below required elevation may result in stop-work orders, civil penalties, mandatory removal, and loss of federal flood insurance eligibility.

Frequently Asked Questions

Do I need a permit to build in a Nebraska floodplain?

Yes. Any construction or substantial improvement in a mapped 100-year floodplain requires a local floodplain development permit verifying compliance with elevation and design standards.

Can my city set higher flood elevation standards?

Yes. Communities frequently adopt freeboard requirements one or two feet above base flood elevation. Local rules may exceed state minimums but cannot fall below them.

What happens if my community ignores floodplain rules?

Non-compliant communities may be suspended from the NFIP, eliminating federal flood insurance availability and triggering state enforcement under DNR oversight.

Sources

Neb. Rev. Stat. 31-1001 - Floodplain Management

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