Erosion and Sediment Control

In support of the Nebraska Erosion and Sediment Control Act (ESCA), the Lewis and Clark Natural Resources District  (LCNRD) has adopted rules and regulations for compliance to limit soil loss in the LCNRD.

Each soil series found in LCNRD has a soil loss limit established based on average tons per acre, per year that can be lost and still maintain productivity. The Revised Universal Soil Loss Equation utilized by the Natural Resources Conservation Service (NRCS) determines the specific soil loss tolerance level (T). If a site shows soil loss is occurring in excess of the soil loss limits and causing sediment damage to an adjacent landowner, the owner or operator of the damaged property may file a written complaint with the LCNRD to bring a stop to the soil loss and resulting property damage.

Before filing an official complaint, it is encouraged to talk with the landowner or operator where the soil loss originates – to try and find a solution to the problem.

If you can answer “yes” to the following questions an ESCA violation may be occurring?

• Is the source of erosion and damage identifiable?
• Is the sediment damage occurring now?
• Is the soil loss from the source exceeding limits set by NRCS?
• Is the conservation plan effective?

Items not considered under the ESCA are actual gully damages or damages caused by water, there must be “sediment” or “chemical” damage from sediment from an adjacent landowner. Sediment damage from major storms do not necessarily qualify; soil loss must be determined excessive for an average year.

If you feel you have a possible complaint contact the Lewis and Clark NRD.