Neb. Admin. Code tit. 165 — Boating Regulations

Chapter 1 Definitions

Neb. Admin. Code tit. 165, ch. 1 Definitions {#sec-165-nac-1 omnilex-key=us-ne-regs-official--title-165--165 NAC 1}

Chapter 1 Definitions

001 - Under authority of and in compliance with sections 37-1201 through 37-1274, R.R.S. 1993.

002 Definitions

002.01 Horsepower - This term means the rated horsepower of the engine or motor or other power unit at maximum operating revolutions per minute. If revolutions per minute is not an applicable term to the power unit involved, the standard measurements for the particular type unit shall be used.

002.01A Determination of Horsepower - In general, for existing and new equipment, the manufacturer's rates horsepower at a stated maximum operating R.P.M. as set forth on the name plate attached to the engine, or as stamped on the engine, or as described in a "book of instructions", or other literature issued for such engine will be accepted as prima facie evidence of the horsepower of the machinery in question. In the event the machinery does not have marked thereon or accompanying it any literature or tag setting forth the manufacturer's rated horsepower or should the Commission or its agents or other enforcement officers dispute the manufacturer’s rated horsepower, then the listing of the horsepower of reliable sources will be accepted as prima facie evidence of the horsepower.

In the event the owner or operator of a power propelled vessel disagrees with the findings of the Commission, its agents, or other law enforcement officers as to the actual horsepower of the propellant machinery in question, it shall be the responsibility of such owner or operator to prove to the satisfaction of the Commission, its agents or other law enforcement officers the actual horsepower of the propelling machinery.

002.02 Machinery - This term includes inboard and outboard engines and all other types of engines or mechanical devices capable of propelling vessels.

002.03 Operator - This term means the person who operates or who has charge of the navigation or use of a motorboat or vessel.

002.04 Ship's Lifeboat - This term means lifeboats used solely for lifesaving purposes and does not include dinghies, tenders, speed boats or other types of craft carried aboard or towed by any vessel and used for other than lifesaving purposes.

002.05 State - This term means a state of the United States, its boundary waters, a territory of the United States or the District of Columbia.

002.06 Bow – Front

002.07 Stern – Rear

002.08 Starboard – Right

002.09 Port – Left

002.10 Beam – Widest part of the boat

002.11 Abaft the beam – To the rear

002.12 Wake -- The swell, moving waves, track, path, or water pattern astern of a vessel passing through water.

002.13 No Wake Speed – A speed at which the vessel does not produce a wake, not to exceed 5 miles per hour.

History

• Effective 2025-06-04

Chapter 2 Numbering and Aquatic Invasive Species

Neb. Admin. Code tit. 165, ch. 2 Numbering and Aquatic Invasive Species {#sec-165-nac-2 omnilex-key=us-ne-regs-official--title-165--165 NAC 2}

Chapter 2 Numbering and Aquatic Invasive Species

001 - The following regulations are prescribed by the Game and Parks Commission, State of Nebraska in accordance with Neb. Rev. Stat. §§ 37-301, 37-304, 37-215.01, 37-524, 37-524.02, 37-524.03, 37-548, 37-1214, 37-1222, 37-1266, 37-1249, and 84-907.09.For purposes of these regulations, unless context otherwise requires, the definitions found in Chapter 37, sections 202 through 247 of the Game Law, are used.

002 Numbering

002.01 Reciprocity. The Commission recognizes as valid and hereby approves any numbering system of another state that has or will in the future have approval by the Department of Transportation or its delegated agents under the provisions and regulations of the Federal Boat Safety Act of 1971.

002.02 Numbering System - Under the provisions of section 37-1249, R.R.S. 1993, the Commission hereby recognizes and adopts as official the over-all boating numbering system promulgated in the Federal register for December 25, 1958, Volume 23, Number 251, and the proper portions of such numbering system are hereby adopted as the numbering system for the State of Nebraska.

002.02A The boat numbering system adopted by this state shall be as follows: the number shall be divided into three parts. The first part shall be the capital block letters NB to designate the State of Nebraska, the second section shall be a maximum of four digits used in a numerical group. The prefix numeral nine shall be issued to dealers and manufacturers as provided by section 37-1212, R.R.S. 1943. The third section shall be a maximum of three capital block letters in an alphabetical group. As the block capital letters "I", "O" and "Q" may be mistaken for Arabic numerals, such letters shall be omitted. Objectionable words or phrases formed by two or three letter combinations shall be omitted.

002.02B No motorboat shall be exempt from numbering except as provided in sections 37-1249 and 37-1250, R.R.S. 1943, as clarified by these regulations.

002.02B1 Motorboats not specifically exempted by sections 37-1249 and 37-1250, R.R.S. 1943, shall only be considered for exemption after the Commission has first determined that the Department of Transportation has given prior exemption to such motorboats under the Federal Boat Safety Act of 1971.

002.02B2 Under the provisions of section 37-1250, R.R.S. 1943, registration and numbering is not required for racing-type motorboats competing in a regatta or boat race approved as provided in section 37-1262, R.R.S. 1943, and for such motorboats while on trial runs, during a period not to exceed forty-eight hours immediately preceding such regatta or race and for such motorboats while competing in official trials for speed records during a period not to exceed forty-eight hours immediately following such a regatta or race.

002.02C It shall be the responsibility of the motorboat owner to purchase and attach the assigned number and letters including the validation sticker which is issued by the Commission, to both sides of the bow as provided in Sections 37-1211 and 37-1216 in the following manner. Reading left to right in one horizontal plane beginning with the validation sticker followed by two capital block letters "NB" followed by a 2-inch space and three or four digits in a numerical group followed by a 2-inch space and two or three capital block letters. All numbers and letters are to be maintained in good legible condition.

002.02D Any person holding a valid certification of number who changes his address, shall, within fifteen days following said change of address notify the Commission in person or by mail of said change of address.

003 Non-Resident Aquatic Invasive Species Stamp

003.01 It shall be unlawful:

003.01A for any owner or operator of a motorboat not registered in the state of Nebraska to launch into border waters from this state without first purchasing or displaying a valid Aquatic Invasive Species Stamp issued by the Commission.

003.01B for any owner or operator of a motorboat not registered in the state of Nebraska to operate or launch on any inland waters of the state without first purchasing or displaying a valid Aquatic Invasive Species Stamp issued by the Commission.

003.01C for owners or operators of a motorboat utilizing a Temporary Aquatic Invasive Species Stamps purchased online to fail to fill out and show upon demand the Temporary Internet Aquatic Invasive Species Stamp. This temporary permit will be valid for fifteen (15) days from the date of purchase printed on the temporary stamp.

003.01D upon receipt of the Aquatic Invasive Species Stamp, to fail to permanently affix the stamp on the starboard and rearward side of the motorboat, on the outside of the hull above the water line.

History

• Effective 2025-06-04

Chapter 3 Vessel Equipment and Carriage Standards

Neb. Admin. Code tit. 165, ch. 3 Vessel Equipment and Carriage Standards {#sec-165-nac-3 omnilex-key=us-ne-regs-official--title-165--165 NAC 3}

Chapter 3 Vessel Equipment and Carriage Standards

001 - Minimum standards for required equipment and carriage standards shall be as provided in the statutes, with the following additions and clarifications. Under authority of and in compliance with Neb. Rev. Stat. §§ 37- 309,37-1201, 37-1202, 37-1246, 37-1247, 37-1265, 37-1266, 37-1268, the following regulations are prescribed by the Nebraska Game and Parks Commission.

002 Vessel Lighting

002.01 All vessels permitted by law to be on the water at any time between sunset and sunrise shall in all weathers carry and exhibit when anchored on the waters of this State white lights so fixed as to show all around the horizon and to be visible at a distance of at least two miles, unless anchored in sheltered waters off the main water courses or near docks, harbors, or marinas, or in a marked anchorage area.

3. Personal Flotation Devices (PFD)

003.01 Every vessel, except sailboards, or other description of vessel, including any buoyant device capable of being used as a means of transportation on water, shall carry at least one wearable U.S. Coast Guard approved Personal Flotation Devices (PFD) of suitable size for each person on board. All such devices shall be kept in good and seamanlike condition and be so placed as to be readily accessible. Each wearable PFD must be worn and used in accordance with the conditions marked on the device in order to meet U.S. Coast Guard requirements.

003.02 It shall be unlawful for children less than thirteen years to fail to wear U.S. Coast Guard approved PFDs, of suitable size, at all times while aboard any vessel on the waters of the State except when hunting waterfowl in an anchored vessel. Operators of vessels shall at all times be held responsible for this requirement.

003.03 Every vessel carrying passengers for hire shall carry the following listed U.S. Coast Guard approved PFDs. All wearable PFDs must have 31 square inches of retroreflective tape per side. Vessels less than 26 feet shall carry a wearable PFD for each person on board plus one throwable PFD.

003.03A Vessels 26 feet, but less than 40 feet shall carry one U. S. Coast Guard approved wearable PFD for each person on board plus one throwable ring buoy size 20, 24 or 30 inch.

003.03B Vessels over 40 feet shall carry one offshore wearable PFD for each person on board plus one throwable ring buoy size 20, 24 or 30 inch.

004 – Fire Extinguishers

004.01 The fire extinguisher required by the provisions of Neb. Rev. Stat. § 37-1242, for all motorboats operating on the waters within this State shall be of the carbon dioxide, dry chemical, or foam type as currently approved by the U.S. Coast Guard and shall be kept readily accessible, in condition for immediate and effective use, in good and serviceable condition and shall be of the following U.S. Coast Guard classes; B-I = 1.75 gallons of foam, or four pounds of CO2 or two pounds of dry chemical. B-II = 2.5 gallons of foam or 15 pounds of CO2 of dry chemical.

004.02 Provided, racing boats under certain conditions, outboard motorboats less than 26 feet in length which are of open construction and which do not carry passengers for hire shall not be required to carry a fire extinguisher. Class one and two motorboats which are not exempt must carry one such B-I extinguisher. Class three motorboats which are not exempt must carry two B-I or one B-II such extinguisher and class four motorboats which are not exempt must carry three such B-I or one B-I and one B-II extinguisher or if equipped with a fixed system then two B-I or one B-II. All airboats must be equipped with a fire extinguisher according to class as stated above.

004.03 The flame arresters required for all carburetors of motorboats except outboard motors by Neb. Rev. Stat. § 37-1244, shall be of a type and manufacture currently approved by the U.S. Coast Guard and meeting all U.S. Coast Guard specifications.

005 – Venting Systems

005.01 A venting system for bilges and fuel tank compartments shall be required for all motorboats using as fuel any liquid of a volatile nature except open motorboats. The minimum requirements for such venting system shall be the following:

005.01A Fill pipes must be firmly attached to tight deck plates.

005.01B The fuel tank vent pipe must lead to open air with a screened outboard end and must be well clear of all hull openings.

005.01C Motorboats must be equipped with one air intake and one air exhaust cowl for each closed fuel and engine compartment, except on open motorboats where gases cannot accumulate in open-fuel and open engine spaces. The intake and exhaust cowl must be equipped with ducts, and the hoses must be equipped with ducts, and the hoses must be at least two inches in diameter. The exhaust hose must extend to the bilge and the air intake hose must extend halfway down in the area as far as the carburetor air intake or top fuel tank.

006 – Carriage Requirements

006.01 Every vessel, except personal watercraft, sailboards or similar devices and class 3 or 4 motorboats shall carry an oar or paddle.

006.02 Every vessel, except personal watercraft, sailboards or similar devices shall be equipped with a bailing bucket, efficient bilge pump or sponge.

006.03 Overloading – Loading of vessels shall not exceed reasonable, proper and seaman-like U.S. Coast Guard standards for safe loading. No overloaded vessel shall be operated on the waters of the State. No vessel shall operate or be on any waters of the State if they exceed the limits of either the number of persons or total weight, as indicated by the mandatory U.S. Coast Guard Capacity Plate installed on vessels by manufacturers. If the vessel does not have a U.S. Coast Guard Capacity Plate installed by the manufacturer, the vessel must retain at least one-half (½) of the total depth of the vessel above the water when measured at the center of the boat.

006.04 No person shall place or allow to remain on the waters of this State any vessel which is not safe for operation.

006.5 In addition to the sound-producing equipment required by Neb. Rev. Stat. §§ 37-1239 and 37-1240 every vessel of Class I shall carry an efficient whistle. All whistles and bells shall be audible for a distance of one-half (½) mile.

007 - Wastes

007.01 In order to protect the safety and health of the boating and water-using public and to promote uniformity of laws, every vessel with an installed operable toilet must have an operable U.S. Coast Guard certified marine sanitation device (MSD) attached to the toilet. Such vessels under 65 feet in length must be equipped with one of the following MSD's:

Type I, Type II or Type III, such vessels over 65 feet = Type II or Type III as described by the code of Federal Regulations 33, Part 159, Subpart A, Definitions Q, R and S.

All of the above devices, which are equipped with a "Y-Valve" must be secured in the closed position while operating on Nebraska waters by the use of padlock, heavy tape, non-releasable wire-tie or the removal of the valve handle so the valve can't be used either accidentally or intentionally with the owner/operator's knowledge. No wastes or container of 23 such wastes shall be placed, left or discharged in or near any waters of this state.

History

• Effective 2025-06-04

Chapter 4 Navigation, Operation and Water Activity Rules

Neb. Admin. Code tit. 165, ch. 4 Navigation, Operation and Water Activity Rules {#sec-165-nac-4 omnilex-key=us-ne-regs-official--title-165--165 NAC 4}

001 - Under the authority of and in compliance with Neb. Rev. Stat. §§ 37-308, 37-608, 37-309, 37- 1201 – 37-1273, the following regulations in regard to pilot and navigation, water skiing, emergency closures, vessel accidents, motorboat operator, and swimming are prescribed by Nebraska Game and Parks Commission .

002 – Navigation Rules

002.01 Pilot (operator) rules to govern navigation and operation of all vessels in Nebraska shall be the Inland Navigational Rules Act of 1980.

002.01A Crossing - If two vessels are approaching each other at an angle, the vessel to the right shall have the right-of-way and the other vessel shall stay clear.

002.01B Overtaking and Passing -- A vessel shall be deemed to be overtaking when coming up with another vessel from a direction more than 22.5 degrees abaft her beam, that is, in such a position with reference to the vessel she is over-taking, that at night she would be able to see only the stern light of that vessel but neither of her sidelights. In such case, the rights and privileges all rest with the leading vessel. The overtaking vessel has no rights whatsoever. In all instances an overtaking vessel must keep clear of an overtaken vessel.

002.01B1 When two vessels are approaching each other head on or nearly so, each operator shall swing the bow of his boat to starboard, operator shall give one short blast of the whistle and in addition indicate his course by swinging the bow of his boat substantially to starboard.

002.01B2 A boat with a tow is regarded as one vessel.

002.01B3 Boats passing a tow when there is a chance their wash or wake will cause damage must slow down.

002.01C MANEUVERING AND WARNING SIGNALS – One short blast shall mean I intend to leave you on my Port (left) side; Two short blasts shall mean I intend to leave you on my Starboard (right) side; Three short blasts shall mean I am operating a stern propulsion (backing up); Five or more short rapid blasts shall mean danger or I fail to understand your intention or actions.

002.01C1 OVERTAKING SIGNALS - When intending to overtake another vessel the overtaking vessel shall sound the following signals: One (1) short blast shall mean I intend to overtake you on your starboard (right) side; Two (2) short blasts shall mean I intend to overtake you on your port (left) side.

002.01C2 The term "short blast" means a blast of about one second duration. The term "prolonged blast" means a blast of from four to six seconds duration.

002.01C3 In all cases sound producing devices must be audible for a distance of ½ mile. Unnecessary sounding of whistles, horns, bells or other sound producing devices is prohibited on the waters of this state.

002.01C4 In fog, mist, falling snow, heavy rainstorms, or any other condition similarly restricting visibility, whether by day or night, the signals described by this article shall be used as follows, namely;

002.01C5 A vessel being towed by another motorboat or vessel shall sound at intervals of not more than two minutes; four blasts in succession, namely one prolonged blast followed by three short blasts.

002.01C6 A motorboat underway without a tow shall sound, at intervals of not more than two minutes, one prolonged blast.

002.01C7 A motorboat when at anchor unless in other than sheltered waters shall, at intervals of not more than one minute, ring the bell for about five seconds. And, in addition, sound three blasts in succession, namely one short, one prolonged and one short blast to give warning of her position and of the possibility of collision to an approaching vessel.

002.01D The uniform state waterway marker system shall be adopted to supplement the federal system and to indicate regulatory areas, speed zones and restricted areas on waters within and bordering the State of Nebraska.

002.01D1 The following four state uniform waterway markers are orange and white. Any lettering appearing on these markers will be black:

002.01D1a A diamond shape with cross means boats keep out. Explanatory reasons may be indicated outside the crossed diamond shape - dam, waterfall, rapids, domestic water, swim area, etc.

002.01D1b Diamond shape warns of danger. Suggested wording for danger includes rock, dam, snag, dredge, wind-dam, ferry cable, marine construction, etc.

002.01D1c Circle marks controlled area (as indicated). Suggested wording for controlled or prohibited boating activity includes - 5 mph, no fishing, no ski, no swim, no scuba, no prop boats, ski only, fishing only, skin divers only, etc.

002.01D1d Square or rectangle give information, names distance permitted, activities, place names, distances, arrows indicating directions, availability of gas, oil, groceries, marine repairs, etc.

002.01D2 Channel buoys are as follows:

002.01D2a All green buoy indicates boat should pass between it and its companion all-red buoy. For use together with all-red buoy to mark a well-defined channel. If buoy is numbered, use odd numbers colored white numbers may be reflectorized.

0042.01D3 Cardinal system buoys as follows:

002.01D3a Red-topped white buoy indicates boat should pass to south or west. For use in instances where there is no well-defined channel. If buoy is reflectorized or lighted, the color white is prescribed. Light shall be flashing.

002.01D3b Green-topped white buoy indicates boat should pass to the north or east. For use in instances where there is no well-defined channel. If buoy is reflectorized or lighted, the color white is prescribed. Light shall be flashing.

002.01D3c White anchor or mooring buoy with blue stripe prescribed buoy for permanent placing in any waters for use in anchoring or mooring watercraft.

002.02 Regardless of any other pilot rules or navigation provisions, except the right-of-way provision for emergency-rescue or law enforcement vessels, any vessel, including sailboats, which is not operating under mechanical power and any anchored vessel shall have right-of-way on the waters of this state over any vessels operating under mechanical power, and operators of motorboats shall give such vessels all available reasonable clearance of sea room so as not to disturb unnecessarily said boats from wash or wake. Swimmers shall have right-of-way at all times over all vessels, whether power operated or not.

002.03 Speed - It shall be unlawful for any operator to exceed the speeds posted or charted in any specific zone or area. Under all other circumstances speed must be reasonable and proper in consideration of the conditions prevailing at that time and place. Speeds exceeding five miles per hour are illegal at all times in or within 30 yards of any vessel, harbor, marina, landing pier, fishing pier, anchorage or bathing beach. In all cases speed must be reduced so that wash or wake will not cause discomfort, hazard or damage to other persons or vessels.

002.04 Designation of restricted boating zones for the purpose of public safety and/or traffic control shall be marked and posted pursuant to the written instructions of the Director of the Nebraska Game and Parks Commission.

002.04A Vessels shall not be operated within an area which has been marked off or set aside as a prohibited area by an employee or employees of the Nebraska Game and Parks Commission as provided in regulation 002.04.

002.05 It shall be unlawful to tie off or to attach any vessel to any buoy, marker or navigational aid on any waters of the state of Nebraska.

003 Motorboat Operator Age Restrictions

003.01 Children under fourteen shall not operate motorboats of any class whether accompanied by an adult or not. Owner of motorboats shall at all times be held responsible that children under fourteen shall not operate a motorboat owned by them

004 Boating Safety Education

004.01 It shall be unlawful to fail to immediately show upon demand to any officer or person whose duty it is to enforce the State Boat Act satisfactory proof of completion of a boating safety course as provided in Nebraska State Statute 37-1241.06.

004.02 No person shall permit or knowingly authorize the operation of any motorboat contrary to Nebraska State Statute 37-1241.06.

004.03 The Commission shall administer the boater education program.

004.03A Boater Education certificates of successful completion shall be issued by the Commission to persons who have completed an accredited training program approved by the Commission.

004.04 Reciprocity – As proof of successful completion for required boater education training, the Commission may accept any certificate of successful completion issued by the person’s state, province, or country of residence that meets or exceeds standards established by the National Association of Boating Law Administrators (NASBLA). Successful completion of boating safety courses certified by other states will be accepted in lieu of Nebraska Boating Basics by a non-resident motorboat, including personal watercraft operator. It shall be the responsibility of the non-resident motorboat, including personal watercraft operator to provide proof of such successful completion of a boating safety course certified and recognized by any other state if such person is operating any motorboat, including personal watercraft on the waters of this state.

005 Unsafe Operation

005.01 If any conservation officer or deputy conservation officer of this state and its subdivisions observes a boat being used without sufficient lifesaving or firefighting devices or in an overloaded or other unsafe condition as defined in the laws and regulations of the State of Nebraska and in his judgement such use creates an especially hazardous condition he may direct the operator to take whatever immediate and reasonable steps would be necessary for the safety of those aboard the vessel, including directing the operator to return to the mooring and to remain there until the situation creating the hazard is corrected or ended.

006 Water Skiing

006.01 Whenever a motorboat is towing a person or persons on water skis, surfboards, or similar devices, and said motorboat is not equipped with a wide-angle rear view mirror properly placed so as to provide maximum vision of person or persons being towed, there must be an observer (person) in addition to the operator and said observer must be a responsible person of at least twelve years of age, and not under the influence of alcohol, narcotics, barbiturates or drugs.

006.02 No person or persons shall operate vessels or operate or manipulate water skis, surfboards, or similar devices so as to cause discomfort, hazard or damage to the person or property of others.

006.03 All lines shall, when not in use, be stowed immediately aboard the towing vessel.

006.04 No person or persons shall operate or manipulate water skis, surfboards, or similar devices unless said person or persons is wearing a life preserver, buoyant vest or ski belt which shall be in good condition, except during authorized regattas and similar ski and water shows.

006.05 It shall be unlawful for a boat operator to tow, assist or attempt to tow or assist a person or persons on water skis, surfboards or other device while said person or persons on water skis, surfboard or other device is not wearing a life preserver, buoyant vest or ski belt which is in good condition; except during authorized regattas and similar ski or water shows.

006.06 Whenever a water-skier, surfboarder or person engaged in a similar activity or associated equipment is down in the water the operator or observer of the tow boat shall display in a clearly visible manner a hunter orange flag of a size not less than 12 inches square, or at least 144 square inches, such flag shall be visible 360 degrees. Such flag shall not be displayed at any other time.

007 Accidents

007.01 When as a result of an occurrence that involves a vessel or its equipment a person dies or disappears from a vessel the operator shall, without delay, by the quickest means available notify the Nebraska Game and Parks Commission of (1) the date, time and exact location of the occurrence, (2) the name of each person who died or disappeared, (3) the number and name of the vessel, and (4) the names and addresses of the owner and operator. When the operator cannot give notice of the death or disappearance, each person on board shall notify the Game and Parks Commission or determine that notice has been given.

007.02 It shall be unlawful for the operator of every vessel involved in a boating accident to fail to file a complete written report of the accident with the Nebraska Game and Parks Commission under the following conditions; accidents resulting in property damage in excess of $500 shall be reported within five days; accidents resulting in death, loss of consciousness, a missing person, medical treatment, or disability in 21 excess of 24 hours shall be filed within 48 hours of the accident. All reports shall be filed on a form prescribed by the Commission.

008 Races and Exhibitions

008.01 Regattas, motorboat or other boat races, marine parades tournaments or exhibitions are prohibited without written permission of the Commission. Such permission shall be in the form of a permit issued only following review of a written request received at the Commission's central offices not later than thirty (30) days prior to the requested activity.

008.02 All motorboats or other watercraft participating in any such permitted activity shall comply with equipment standards established elsewhere herein.

008.03 No person shall operate or cause to be operated any motorboat or other watercraft while under the influence of alcohol, narcotics, barbiturates or other drugs, nor shall any operator permit on board his craft an observer under such influence.

008.04 Permittees shall be solely responsible for insuring the public safety and the safety of the participants within the confines of the permitted premises. Such responsibility shall include, but not be limited to, maintaining race course security and integrity; providing for sufficient personnel to function as course marshals; providing for sufficient area surrounding the race course free of spectators and other unauthorized persons; and providing for sufficient emergency medical personnel and equipment to handle accident or disaster victims. Plans for insuring the public safety shall be approved by the Commission prior to issuance of a permit.

008.05 The location of the permitted premises shall be designated by the Commission or its authorized representative.

008.06 The Commission may include in any permit such terms and conditions as may be deemed necessary to insure the safe and orderly conduct of the permitted activity and to further insure the adequate protection of the resource.

009 Emergency Closure

009.01 Whenever safety requirements for persons or property demand immediate action and attention, the Commission may close for any necessary period, bodies of water or portions thereof to any or all forms of boating and, by placement of notices on land or water, indicate such closure to the public.

010 Swimmers

010.01 Swimmers shall not swim or bathe in any marinas or within twenty yards of launching, mooring, or docking areas.

011 Underwater Activities

011.01 Definitions

011.01A SCUBA Diving is defined as swimming with the aid of a self-contained underwater breathing apparatus (air tank) and shall not apply to snorkeling.

011.01B A Diver Down flag is defined as a flag at least twelve (12) inches in height and at least twelve (12) in width with a red background and a white diagonal stripe that is one-fifth the width of the flag.

011.02 SCUBA Diving activities

011.02A SCUBA Diving is prohibited within 200 feet of the outer limits of any designated swimming area, boat mooring, boat docking, or boat launching areas.

011.02B It shall be unlawful to fail to display the Diver Down flag when SCUBA diving or for a SCUBA diver to exceed a one hundred fifty feet (150) radius from the Diver Down flag or to display a Diver Down flag when not actively engaged n SCUBA diving.

011.02C SCUBA diving is permitted in all waters of the state except in waters and at times where such activity is prohibited by private owners, political sub-divisions, or in any interest of public safety or health.

011.03 Boat operation within SCUBA operations

011.03A It shall be unlawful to operate any vessel within one hundred fifty (150) feet of a Diver Down flag except that this restriction shall not apply to vessels engaged in law enforcement activities, vessels engaged in rescue operations, or vessels tendering the diving operation.

History

• Effective 2025-06-04

Chapter 5 Waters with Special Restrictions

Neb. Admin. Code tit. 165, ch. 5 Waters with Special Restrictions {#sec-165-nac-5 omnilex-key=us-ne-regs-official--title-165--165 NAC 5}

Chapter 5 Waters with Special Restrictions

001 -The following regulations are prescribed by the Game and Parks Commission, State of Nebraska in accordance with Neb. Rev. Stat. §§ 37-336, 37-338, 37-1266.

For purposes of this section, the following terms are defined as:

Wildlife Management Areas (WMA) means those areas which are primarily for public hunting, fishing or other wildlife value.

State Recreation Areas (SRA) means areas with a primary value for day use, but with secondary overnight use facilities.

001.01 On the following waters, except as posted or as indicated in Sub-section 001.10, it shall be unlawful to operate vessels in any direction other than counter clockwise:

001.02 On the following waters, except as posted or as indicated in Sub-section 001.10, it shall be unlawful to operate a vessel with speed in excess of five miles per hour and speed of all vessels must be reduced so that wash and wake will cause no discomfort, hazard, injury or damage to persons, vessels, or property:

001.03 On the following waters, except as posted or as indicated in Sub-section 001.10, it shall be unlawful to use internal combustion type motors.

001.04 On the following waters, except as posted or as indicated in Sub-section 001.10, it shall be unlawful to operate any motorized vessel:

001.05 On the following waters, except as posted or as indicated in Sub-section 001.10, it shall be unlawful to operate any vessel:

001.06 On the following waters, except as posted or as indicated in Sub-section 001.10, it shall be unlawful to operate any vessel faster than 5 mph/no wake from sundown to sunrise.

001.07 It shall be unlawful to operate air boats on all Fish and Wildlife Service managed Waterfowl Production Areas (WPA) except as posted or as indicated in Sub-section 001.10.

001.08 On the following waters, except as posted or as indicated in Sub-section 001.10, it shall be unlawful to operate a motorboat or personal watercraft while pulling more than one skier, boarder, towable or other similar device:

001.09 On the following waters except as posted or as indicated in Sub-section 001.10, it shall be unlawful to operate non-powered vessels and those powered by conventional outboard electric motors:

001.10 Nebraska Game and Parks authorized activities or other governmental agencies in the course of their official duties are exempt.

002 Special Rules and Regulations for Non-Public Lake Associations

002.01 These special rules and regulations governing operation of vessels, including water-skiing and other related activities, on waters administratively controlled by nonpublic lake associations, are adopted under authority of section Neb. Rev. Stat. § 37-1266.

002.01A Definitions: The following definitions shall apply as used throughout these rules and regulations.

002.01A1 Non-public lake association shall mean an organization of lakeside residents with administrative control over non-public waters of this state.

002.02 The following special rules and regulations shall apply to non-public lake associations:

002.02A Beaver Lake - Cass County, 5 miles south and 1 mile east of Plattsmouth.

002.02A1 All powered watercraft shall operate in a counter-clockwise direction and boats shall operate at 5 miles per hour (mph)/no wake within 75 feet from the shoreline.

002.02A2 The maximum boating speed is 45 mph.

002.02A3 From ½ hour after sunset until ½ hour before sunrise, boat speed is limited to 5 mph/no wake.

002.02A4 Five (5) mph/no wake zones are marked with buoys as indicated on the attached map.

002.02A5 When overtaking and passing another boat, boaters must pass to the deep water side (left).

002.02B Bucktail Lake - Merrick County, 14 miles west of Osceola.

002.02B1 Boating in excess of 40 mph is prohibited.

002.02B2 All powered watercraft shall operate in a counter-clockwise direction.

002.02B3 The maximum allowable length of a tow rope used when pulling a tube shall be 50 feet.

002.02B4 Passing of other boats is not allowed in the narrow channel areas in front of Lot 12 and the common area west of Lot 12 as designated on the attached map.

002.02C Capitol Beach Lake - Lancaster County, west edge of Lincoln

002.02C1 All powered watercraft shall operate in a counter-clockwise direction.

002.02C2 The area between the lake shore and the white buoys as indicated on the attached map is a 5 mph/no wake zone.

002.02C3 From ½ hour after sunset until ½ hour before sunrise, boat speed is limited to 5 mph/no wake.

002.02C4 Boats shall not follow a skier closer than 200 feet.

002.02C5 Canoes, rafts, tubes or other devices, unless being towed, and are not readily recognized as power craft are not permitted beyond the white buoy area.

002.02D Ginger Woods - Douglas County, 1½ miles southwest of Valley.

002.02D1 All powered watercraft shall operate in a counter-clockwise direction around the island in a traffic pattern as delineated on the attached map.

002.02D2 Vessels shall not stop in narrow area as indicated on the map impeding traffic flow.

002.02D3 Ski boats are limited to a two rope maximum when skiing, tubing, or boarding.

002.02D4 Tow lines shall not exceed 100 feet in length.

0002.02D5 As indicated on the map, the coves adjacent to the cluster homes are designated as 5 mph/no wake zones.

002.02D6 From ½ hour after sunset until ½ hour before sunrise, boat speed is limited to 5 mph/no wake.

002.02D7 As a safety measure during special events, boating activity may be restricted 81 as deemed necessary and as posted by the Ginger Woods II Home Association.

002.02D8 The maximum speed limit for all vessels shall be 40 mph between the hours of one-half hour before sunrise to one-half hour after sunset.

002.02E Hanson Lake #2 - Sarpy Co, 4 miles south and 1 1/2 miles west of Bellevue

002.02E1 All powered watercraft shall operate in a counter-clockwise direction in a traffic pattern as delineated on the attached map.

002.02E2 All people in tow shall remain behind the wake of the tow boat when approaching and traversing the narrow part of the lake which is the area between lots 148, 149, and 150 on the north shore and lots 188, 189, 190 and 191 on the south shore.

002.02E3 Maximum speed on the lake is not to exceed 45 mph during daytime hours.

002.02E4 From ½ hour after sunset until ½ hour before sunrise, boat speed is limited to 5 mph/no wake.

002.02E5 Boat shall not follow a skier closer than 200 feet.

002.02F Hanson Lake #3 - Sarpy Co, 4 miles south and 1½ miles west of Bellevue

002.02F1 From ½ hour after sunset until ½ hour before sunrise, boat speed is limited to 5 mph/no wake.

002.02F2 All powered watercraft shall operate in a counter-clockwise direction in a traffic pattern as delineated on the attached map.

002.02F3 Watercraft towing a skier shall have the right-of-way over a mechanical watercraft not pulling a skier.

002.02F4 The lake area east of lot 6 and west of lot 63, commonly known as the ‘channel,’ is designated as a 5 mph/no wake zone.

002.02F5 All vessels shall not exceed 5 mph/no wake within 30 yards of any boat lift or swimmer in the water.

002.02F6 The maximum speed limit for all vessels shall be 45 mph between the hours of one-half hour before sunrise to one-half hour after sunset.

002.02F7 The racing of boats is prohibited.

002.02G Hawaiian Village - Sarpy County, 6 miles south of Papillion.

002.02G1 Commencing to ski, dropping skiers, or skiing outside the wake is prohibited within the narrows as indicated on the attached map.

002.02G2 All powered watercraft shall operate in a counter-clockwise direction.

002.02G3 Boats shall not follow a skier closer than 200 feet.

002.02G4 Boats must not operate between a downed skier and his towing boat.

002.02G5 Boat speed in the coves as indicated on the attached map is limited to 5 mph/no wake.

002.02G6 The towing of inflatable non-steerable flotation devices (inner tubes, etc.) is not allowed. The towing of 83 flotation devices specifically manufactured for pulling behind boats is permitted.

002.02G7 As a safety measure during special events, boating activity may be restricted as deemed necessary and as posted by the Hawaiian Village Lake Association Board of Directors.

002.02G8 The maximum speed limit for boats (daylight hours) is 35 miles per hour. From ½ hour after sunset until ½ hour before sunrise, boat speed is limited to 5 mph/no wake.

002.02H Legge’s Lake - Dodge County, 3 miles east and 1½ miles south of North Bend

002.02H1 From ½ hour after sunset until ½ hour before sunrise, boat speed is limited to 5 mph/no wake.

002.02H2 All powered watercraft shall operate in a counter-clockwise direction.

002.02H3 Motorboat racing is prohibited.

002.02H4 The towing of inflatable non-steerable flotation devices (inner tubes, etc.) is not allowed. The towing of flotation devices specifically manufactured for pulling behind boats is permitted.

002.02H5 Ski boats shall be limited to towing a maximum of two skiers.

002.02H6 Skiing will not be allowed within 40 feet of the shoreline.

002.02I Leisure Lake - Dodge County, ½ mile west of Fremont.

002.02I1 All powered watercraft shall operate in a counter-clockwise direction.

002.02I2 The maximum boating speed is 30 mph.

002.02I3 Boats shall not follow a skier closer than 200 feet.

002.02J Middle Island Lake - Cass County, ½ mile east of South Bend.

002.02J1 From ½ hour after sunset until 9:00 a.m., boat speed is limited to 5 mph/no wake.

002.02J2 All powered watercraft shall operate in a counter-clockwise direction in a traffic pattern as delineated on the attached map.

002.02J3 Boats shall not follow a skier closer than 200 feet.

002.02J4 Boats must not operate between a downed skier and his towing boat.

002.02J5 Ski boats shall be limited to towing a maximum of one skier.

002.02J6 In the area 50 yards either side of the entrance bridge marked by white buoys and as indicated on the attached map, boat speed is limited to 5 mph/no wake.

002.02K Morningstar Lake - Merrick County, 14 miles west of Osceola.

002.02K1 All powered watercraft shall operate in a counter-clockwise direction in a traffic pattern as delineated on the attached map.

002.02K2 The towing of inflatable non-steerable flotation devices (inner tubes, etc.) is not allowed. The towing of flotation devices specifically manufactured 85 for pulling behind boats is permitted.

002.02K3 Tow lines shall not exceed 60 feet in length.

002.02K4 There shall be no motorboat towing or otherwise assisting a person on water skis, aquaplane or similar device from a period of one-half hour after sunset to 9:00 a.m.

002.02K5 Speed limit for all boats shall be 30 mph from 9:00 a.m. to one-half hour after sunset.

002.02L North Lake - Cass County, ½ mile east of South Bend.

002.02L1 All powered watercraft shall operate in a counter-clockwise direction.

002.02L2 Boats shall not follow a skier closer than 150 feet.

002.02L3 From ½ hour after sunset until ½ hour before sunrise, boat speed is limited to 5 mph/no wake.

002.02L4 Power boats shall not be operated between a downed skier and the towing boat.

002.02M Pine Lake - Lancaster County, 1 mile southeast of Lincoln.

002.02M1 From ½ hour after sunset until 8:00 a.m., boat speed is limited to 5 mph/no wake.

002.02M2 Ski boats shall be limited to towing a maximum of one skier.

002.02N Sack’s Lake - York County, 3 miles east and 1 mile north of McCool Junction.

002.02N1 From ½ hour after sunset until ½ hour before sunrise, boat speed is limited to 5 mph/no wake.

002.02N2 All powered watercraft shall operate in a counter-clockwise direction.

002.02N3 As indicated on the attached map, the speed limit in the cove and within 40 feet of the shoreline is limited to 5 mph/no wake.

002.02O Summer Haven - Dodge County, Two miles west from Fremont.

002.02O1 All powered watercraft shall operate in a counter-clockwise direction.

002.02O2 From ½ hour after sunset until ½ hour before sunrise, boat speed is limited to 5 mph/no wake.

002.02O3 Boats operating in the traffic pattern as described on the attached map have the right-of-way over entering boats.

002.02O4 The racing of boats is prohibited.

002.02P Sundance Lake - Merrick County, 14 miles west of Osceola.

002.02P1 All powered watercraft shall operate in a counter-clockwise direction. All boats must stay to the right of the buoys when entering or exiting the west lake as indicated on the attached map.

002.02P2 The maximum speed limit for boats (daylight hours) is 35 miles per hour. From ½ hour after sunset until ½ hour before sunrise, boat speed is limited to 5 mph/no wake.

002.02P3 The towing of inflatable non-steerable flotation devices (inner tubes, 87 etc.) is not allowed. The towing of flotation devices specifically manufactured for pulling behind boats is permitted.

002.02P4 The racing of powered craft is prohibited.

002.02P5 Boats shall not follow a skier closer than 200 feet.

002.02P6 In the area marked by buoys and as indicated on the attached map, boat speed is limited to 5 mph/no wake.

002.02P7 As a safety measure during special events, boating activity may be restricted as deemed necessary and as posted by the Sundance Lake Association.

002.02Q Ventura Lake - Dodge County, 5 miles west of Fremont.

002.02Q1 All powered watercraft shall operate in a counter-clockwise direction.

002.02Q2 Under the bridge as indicated on the attached map, 5 mph/no wake traffic must stay to the left of the buoys, or as marked on the bridge.

002.02Q3 The maximum boating speed is 40 mph.

002.02Q4 The towing of inflatable non-steerable flotation devices (inner tubes, etc.) is not allowed. The towing of steerable flotation devices specifically manufactured for pulling behind boats is permitted.

002.02R Wa-con-da Lake - Cass County, 2 miles north and 3 miles east of Union.

002.02R1 All powered watercraft shall operate in a counter-clockwise direction as designated on the attached map.

002.02R2 From ½ hour after sunset until ½ hour before sunrise, boat speed is limited to 5 mph/no wake.

002.02R3 The towing of inflatable non-steerable flotation devices (inner tubes, etc.) is not allowed. The towing of flotation devices specifically manufactured for pulling behind boats is permitted.

002.02R4 Boat speed in the cove areas as indicated on the attached map is limited to 5 mph/no wake.

002.02S Wagner Lakes - Platte County, within the city limits of Columbus.

002.02S1 From ½ hour after sunset until ½ hour before sunrise, boat speed is limited to 5 mph/no wake.

002.02S2 All powered watercraft shall operate in a counter-clockwise direction.

002.02S3 In lakes Ann, Cottonwood, Dirk, Judd, Pearl, and Shangri-la as indicated on the attached map, boat speed is limited to 5 mph/no wake.

002.02S4 A boat shall not be anchored for fishing or any other purpose in such a way as to obstruct a passageway ordinarily used by other boats.

002.02S5 In all canals skiing or towing of other devices is not permitted, no boat shall overtake and pass another boat and boat speed is limited to 5 mph/no wake.

002.02S6 Skiing is permitted only in Lake August and in Lake August other power boats shall yield the right-of-way to powered boats pulling skiers.

002.02S7 Skiing will not be allowed within 40 feet of the shoreline.

002.02T Whitetail Lake - Platte County, ½ mile south of Columbus.

002.02T1 From ½ hour after sunset until 10:00 a.m., boat speed is limited to 5 mph/no wake.

002.02T2 All powered watercraft shall operate in a counter-clockwise direction.

002.02T3 The maximum allowable length of a tow rope shall be 75 feet.

002.02T4 Skiing will not be allowed within 40 feet of the shoreline.

002.02T5 As indicated on the attached map, the speed limit in the indicated cove areas is limited to 5 mph/no wake.

002.02U Willers Cove - Stanton County, from 90 Pilger, 1½ miles south.

002.02U1 The maximum speed limit for boats (daylight hours) is 55 miles per hour. From ½ hour after sunset until ½ hour before sunrise, boat speed is limited to 5 mph/no wake.

002.02V Willow Bend - Hamilton County, 3 miles south of Central City.

002.02V1 All powered watercraft shall operate in a counter-clockwise direction.

002.02V2 Boat and skiing traffic must keep to the right of the buoys on the east corner as indicated on the attached map.

002.02V3 In the lake area adjacent to the Platte River, boat speeds must not exceed 20 mph at any time, only one skier per boat is allowed, and the skier must stay directly behind the boat.

002.02V4 Boating in excess of 40 mph is prohibited.

002.02V5 From ½ hour after sunset until ½ hour before sunrise, boat speed is limited to 5 mph/no wake.

002.02V6 The speed for all vessels in the cove at the northwest corner of the lake in the water around “Duck Island” from lot 9, around the boat ramp, and lots 10, 11, 12, 13, and 14, is limited to 5 mph/no wake.

002.02W Wolf Lake - Saunders County, 2 miles east of Morse Bluff.

002.02W1 The maximum speed limit for boats is 25 miles per hour.

002.02W2 From one-half hour after sunset until 8:00 a.m., speed is limited to 5 mph/no wake.

002.02X Woodcliff Lakes Inc.- Saunders County, 5 miles south and 1 mile east of Fremont.

002.02X1 From ½ hour after sunset until ½ hour before sunrise, boat speed is limited to 5 mph/no wake.

002.02X2 The marina area and the associated entrance channel, Church’s Cove, Quack Bay, Poehlings Bay, South Cedar Bay, North Cedar Bay, and Horseshoe Bend are designated as 5 mph/no wake zones as indicated on the attached map.

0002.02X3 All boating and skiing on Lake Ski-Di will be in a counter clockwise direction adjacent to the island as identified on the attached map.

002.02X4 The towing of inflatable non-steerable flotation devices (ex.- inner tubes) is not allowed. The towing of flotation devices specifically manufactured for pulling behind boats is permitted except between the hours of 12:00 noon and 6:00 p.m. on weekends and holidays.

002.02X5 As a safety measure during special events, boating activity may be restricted as deemed necessary and as posted by Woodcliff Lakes, Inc.

002.02Y Lake Oconee Estates - Platte County, 6W of Columbus.

002.02Y1 Speed limit for all boats shall be 35 mph from 10:00 a.m. to one-half hour after sunset and 5 mph/no wake from one-half hour after sunset to 10:00 a.m.

002.02Y2 There shall be no motorboat towing or otherwise assisting a person on water skis, aquaplane, tube or similar device from a period of one-half hour after sunset to 10:00 a.m.

002.02Y3 Tow ropes shall not exceed 75 feet in length.

002.02Z Heron Point Lake Merrick County, 14 miles west of Osceola.

002.02Z1 All powered watercraft shall operate in a counter-clockwise direction.

002.02Z2 The maximum speed limit for boats (daylight hours) is 35 miles per hour. From ½ hour after sunset until ½ hour before sunrise, boat speed is limited to 5 mph/no wake.

002.02Z3 The towing of inflatable non-steerable flotation devices (inner tubes, etc.) is not allowed. The towing of flotation devices specifically manufactured for pulling behind boats is permitted.

002.02Z4 The racing of powered craft is prohibited.

002.02Z5 Boats shall not follow a skier closer than 200 feet.

002.02Z6 In the area marked by buoys west from lot line 7/8 and lot line 40/41 and as indicated on the attached map, boat speed is limited to 5 mph/no wake.

002.02AA Lake Socorro – Colfax County, 1 mile south of Schuyler.

002.02AA1 Speed for all boats shall not exceed 40 mph between 8:00 a.m. and ½ hour after sunset, and shall not exceed 5 mph/no wake from ½ hour after sunset to 8:00 a.m.

002.02AA2 The towing of inflatable non-steerable floatation devices (inner tubes, etc.) is prohibited. The towing of floatation devices specifically manufactured for pulling behind boats is permitted.

002.02AA3 The racing of motorboats is prohibited.

002.02AA4 All powered watercraft shall operate in a counter-clockwise direction.

002.02AA5 Non-powered watercraft (canoes, rafts, tubes etc.) unless being towed as prescribed in 015.02AA2, shall be restricted to an area within 50 feet of the shoreline.

002.02AA6 Tow lines shall not exceed 75 feet in length and all vessels shall be limited to a maximum of two tow lines. All vessels are prohibited from following a skier for a distance of 200 feet.

002.02AA7 In the area marked by buoys east of lot line 12/13 of Lake Socorro 3rd addition, the area marked by buoys south of lot line 18/19 of Lake Socorro 2nd addition, and the area marked by buoys east of lot line 1/2 of Lake Socorro 2nd addition, as indicated on the attached map, boat speed shall not exceed 5 mph/no wake.

002.02AB Sanitary and Improvement District No. 177 (Riverside Lakes, East Lake), Douglas County

002.02AB1 All vessels must operate at 5 MPH/no wake speeds at all time times.

003 Special Rules and Regulations for Subdivisions of this State

003.01 City lake – Phelps County, City of Holdrege

003.01A The maximum speed of any watercraft shall be 5 miles per hour (mph) / no wake.

003.02 Crystal Cover Lake, Dakota County, South Sioux City

003.02A Open to non-powered vessels and those powered with conventional outboard electric motors. The use of internal combustion motors is prohibited.

003.03 Holmes Lake, Lancaster County, City of Lincoln

003.03A Open to non-powered vessels and those powered with conventional outboard electric motors. The use of internal combustion motors is prohibited.

003.04 Johnson Park Lake, Dodge County, City of Fremont

003.04A Open to non-powered vessels and those powered with conventional outboard electric motors. The use of internal combustion motors is prohibited.

003.05 Lake Hastings – Adams County, City of Hastings.

003.05A All watercraft must be operated in a counterclockwise direction.

003.05BThe maximum speed of any watercraft shall be 35 miles per hour (mph).

003.06 Skyview Lake – Madison County, City of Norfolk

003.06A Open to non-powered vessels and those powered with conventional outboard electric motors. The use of internal combustion motors is prohibited.

003.07 Spalding Lake – Greely County, Village of Spalding.

003.07A Speed in excess of five miles per hour is prohibited. Speed of all vessels must be reduced so the wash and wake will cause no discomfort, hazard, injury or damage to person, vessels or property.

History

• Effective 2025-06-04