Nebraska Statewide Rule

Nebraska Public Swimming Pool Act Permit Requirements

Heavy RestrictionsApplies statewide across Nebraska (2026)

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

Key Facts

Primary statute: Neb. Rev. Stat. 71-4301-4307
Regulating agency: Department of Environment and Energy
Admin code: Title 178 NAC 2
Scope: Public and semi-public pools
Permit type: Construction and operating

Source: Nebraska Legislature

Full Breakdown

Neb. Rev. Stat. sections 71-4301 through 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 Environment and Energy. 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 DEE permit.

Sources

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