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Nebraska Statewide Rule

Nebraska Public Swimming Pool Act Permit Requirements

Heavy RestrictionsApplies statewide across Nebraska (2026)

Key Facts

Primary statute
Neb. Rev. Stat. 71-4301-4307
Regulating agency
Dept. of Water, Energy, and Environment
Admin code
Title 178 NAC 2
Scope
Public and semi-public pools
Permit type
Construction and operating
Last verified: August 21, 2026Source: Nebraska Legislature

Summary

Public pools, including those at hotels, apartments, and municipal facilities, must obtain a state construction permit and operating permit from the Nebraska Department of Water, Energy, and Environment under the Swimming Pool Act statewide.

(4) The department shall adopt and promulgate rules and regulations which classify swimming pools on the basis of criteria deemed appropriate by the department. The department shall charge engineering firms, swimming pool owners, and other appropriate parties fees established by rules and regulations for the review of plans and specifications of a swimming pool, the issuance of a construction permit, and any other services rendered at a rate which defrays no more than the actual cost of the services provided. Fees collected under this subsection for the review of plans and specifications and the issuance of a construction permit shall be remitted to the State Treasurer for credit to the Engineering Plan Review Cash Fund.

Source: Nebraska LegislatureView official code

Full Breakdown

Neb. Rev. Stat. 71-4301 to 71-4307, the Swimming Pool Act, require any public swimming pool to be designed, constructed, and operated according to state standards before opening. Plans must be reviewed and approved, an engineering inspection conducted, and an operating permit issued by the Department of Water, Energy, and Environment (DWEE). The department may deny a construction permit for noncompliance. The Act covers municipal pools, hotel pools, apartment pools, and recreational facility pools but excludes private single-family residential pools. Title 178 NAC 2 governs detailed requirements and is enforced uniformly statewide.

Violations & Penalties

Operating without a state permit is a public nuisance subject to abatement and civil penalties under section 71-4307; closure orders may be issued.

Frequently Asked Questions

Does the Swimming Pool Act apply to backyard residential pools?
No. The Act covers public pools open to multiple users; private single-family residential pools are regulated by local building codes only.
Can a city waive the state pool permit requirement?
No. The state operating permit is required statewide for public pools. Cities may add local rules but cannot eliminate the state DWEE permit.

Sources

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