Professional Engineers and Technical Advisors For Livestock Waste Control Facilities
This guidance document is advisory in nature but is binding on an agency until amended by such agency. A guidance document does not include internal procedural documents that only affect the internal operations of the agency and does not impose additional requirements or penalties on regulated parties or include confidential information or rules and regulations made in accordance with the Administrative Procedure Act. If you believe that this guidance document imposes additional requirements or penalties on regulated parties, you may request a review of the document.

Form #: 02-024 Guidance Documents Revised: 4/6/21

Professional Engineering Requirements for Construction Approval Application

A Nebraska Registered Professional Engineer (P.E.) must sign and properly seal any construction approval application submitted to NDEE, pursuant to Neb. Rev. Stat. ยง54-2429 (2), as follows:
  1. Any construction approval application from an Animal Feeding Operation (AFO) for which a permit is required.
  2. Any existing livestock waste control facility (LWCF), which after an inspection:
    1. NDEE determines the LWCF has:
      1. Visible signs of structural breakage below the permanent pool;
      2. Signs of discharge or proven discharge due to structural weakness;
      3. Improper maintenance;
      4. Inadequate capacity;
    1. NDEE has reason to believe that the Animal Feeding Operation with an existing LWCF has violated, or threatens to violate, the Environmental Protection Act, the Livestock Waste Management Act, or any rules or regulations adopted and promulgated under such acts.

This list has been compiled and produced for informational purposes only. The State of Nebraska, any agency thereof, or any of their employees, makes no warranty, express or implied, nor assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information disclosed. Reference herein to any person, company, service, or product, does not necessarily constitute or imply its endorsement, recommendation, or favoring by the State of Nebraska or any agency thereof.

Produced by:

Nebraska Department of Environment and Energy
P.O. Box 98922
Lincoln, NE 68509-8922

(402) 471-2186

To view this, and other information related to our agency, visit our web site at