Livestock Manure Management Policy and Regulations: Permits

Do I Need A Permit?

In Nebraska, an inspection by an NDEQ representative will provide the final determination of whether or not a livestock or poultry operation will need a permit Use the flow chart below to determine whether your animal operation could be classified as an AFO. If Yes, you should request an inspection.

Listed here are some general guidelines regarding permits. Not all AFOs will need a permit.

If an AFO is classified as a Concentrated AFO (CAFO), then an NPDES permit will be required.

Most large CAFOs (e.g. 1000 beef animals or more) will need a permit.

Proposed changes to the federal rules may allow some exceptions if:

1) animals and manure is always located under roof

and

2) no manure is applied on land owned or managed by the animal operation.

A Medium and Small AFO may be classified as a CAFO based upon the risk to surface water.

Content from the questionaire and flow chart in CAFO Fact Sheet #2 "Do I need an NPDES Permit?" contained in the LPES curriculum can help you identify the likelihood that a permit is needed. But recognize that the final decision on the need for a permit is made by NDEQ as a result of an on-site inspection.

What Issues Are Addressed in a Permit? 

A Nutrient Management Plan (NMP) is the foundation of any permit. NMP's address nine topics including manure storage, crop nutrient management planning, mortality, chemical storage and other topics.

Construction of new or modified storage or runoff control facilities must meet multiple engineering and design requirements specified by Nebraska Title 130.

  • These requirements are discussed in detail in Chapter 7 and Chapter 8 of Title 130.
  • The Construction Approval process followed by NDEQ is described in Chapter 4.

 

A Nebraska CAFO will also be asked to address:

1. Odor management (Chapter 5, section 004.05)

2. Location and setback restrictions (Chapter 9) 

3. Irrigation distribution requirements (Chapter 10)