reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INFORMATIONAL AND DIRECTIONAL SIGNS FOR TOURISTS › Interstate Highway System and Freeways › Section 408.780 - Supplemental panels

Current through June 11, 2024
1. At an
				interchange with a single exit where qualified businesses are not visible from
				the exiting terminal, supplemental panels must be installed along the exiting
				terminal and may be provided along the crossroad. Supplemental panels must be
				duplicates of the panels located along the main traveled way but reduced in
				size. The supplemental panels must specify the distance to the business and
				have directional arrows instead of words. The minimum height for lettering on
				the supplemental panel is 4 inches and any legend on a business sign on the
				panel must be proportionately sized.
2. Supplemental panels may also be used on
				exiting terminals and crossroads at interchanges with double exits.
Added to NAC by Dep't
				  of Transportation, eff. 9-16-86
NRS
					 408.215,
					 408.557,
					 410.400
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INFORMATIONAL AND DIRECTIONAL SIGNS FOR TOURISTS › Interstate Highway System and Freeways › Section 408.782 - Contents of panels

Current through June 11, 2024
1. At an
				interchange with a single exit, the type of service or activity followed by the
				number of the exit must be displayed on a panel in a single line above the
				business signs. At an interchange which is not numbered, the directional legend
				"NEXT RIGHT" or "NEXT LEFT" must be substituted for the number of the
				exit.
2. At an interchange with
				double exits, panels must consist of two sections, one for each exit. The top
				section must display the business sign for the first exit, and the lower
				section must display the business sign for the second exit. The type of service
				or activity followed by the number of the exit must be displayed on the panel
				in a single line above the business signs in each section. At an interchange
				which is not numbered, the directional legends "NEXT RIGHT" or "NEXT LEFT" or
				"SECOND RIGHT" or "SECOND LEFT" must be substituted for the number of the exit.
				If a panel for a type of service or activity is to be placed at only one exit,
				one section of the sign panel may be omitted or a panel used for an interchange
				with a single exit may be used.
Added to NAC by Dep't
				  of Transportation, eff. 9-16-86; A by R134-98,
				  12-17-2001
NRS
					 408.215,
					 408.557,
					 410.400
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INFORMATIONAL AND DIRECTIONAL SIGNS FOR TOURISTS › Interstate Highway System and Freeways › Section 408.786 - Size of business signs

Current through June 11, 2024
Each business sign, including the border, displayed on a
				  panel must be contained within a 48-inch-wide and a 36-inch-high rectangular
				  area.
Added to NAC by Dep't
				  of Transportation, eff. 9-16-86; A by R134-98,
				  12-17-2001
NRS
					 408.215,
					 408.557,
					 410.400
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INFORMATIONAL AND DIRECTIONAL SIGNS FOR TOURISTS › Interstate Highway System and Freeways › Section 408.788 - Lettering on panels

Current through June 11, 2024
The directional legend on a panel and all letters used to
				  depict the type of service must be in 10-inch capital letters. Numbers must be
				  10 inches in height.
Added to NAC by Dep't
				  of Transportation, eff. 9-16-86
NRS
					 408.215,
					 408.557,
					 410.400
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INFORMATIONAL AND DIRECTIONAL SIGNS FOR TOURISTS › Expressways › Section 408.790 - Provisions applicable to expressways

Current through June 11, 2024
Except as otherwise provided in NAC 408.792, the provisions
				  of NAC 408.778 to 408.788, inclusive, apply to panels, supplemental panels and
				  business signs located on an expressway.
Added to NAC by Dep't
				  of Transportation, eff. 9-16-86; A by R134-98,
				  12-17-2001
NRS
					 408.215,
					 408.557,
					 410.400
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INFORMATIONAL AND DIRECTIONAL SIGNS FOR TOURISTS › Expressways › Section 408.792 - Placement of panels

Current through June 11, 2024
1. Each panel must
				be erected between intersections and no less than 300 feet in advance of the
				intersection from which the service of a qualified business is available. The
				spacing between panels and between panels and other devices for controlling
				traffic must be determined on the basis of an engineering study by the
				Department. Business signs must not be displayed for any business that is
				visible from a point, 300 feet from the intersection, on the main traveled
				way.
2. Supplemental sign panels
				may be provided on the crossroads.
Added to NAC by Dep't
				  of Transportation, eff. 9-16-86
NRS
					 408.215,
					 408.557,
					 410.400
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INFORMATIONAL AND DIRECTIONAL SIGNS FOR TOURISTS › Application for Placing Business Sign on Panel › Section 408.796 - Period of acceptance; ranking; fee authorized in certain circumstances

Current through June 11, 2024
1. If the Department desires to place
				business signs on a new panel, the Department or its contractor will do the
				following:
(a) Accept applications for a
				period of 30 days after the date specified by the Department or
				contractor.
(b) If the number of
				applications received within the 30-day period exceeds the maximum number of
				available spaces for business signs on any single panel, base the order of
				ranking on the proximity of each qualified business to the interchange, giving
				preference to the qualified business located closest to the terminus of the off
				ramp.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INFORMATIONAL AND DIRECTIONAL SIGNS FOR TOURISTS › Application for Placing Business Sign on Panel › Section 408.798 - Application by responsible operator: Contents; assurances

Current through June 11, 2024
1. The responsible operator of a business
				must submit an application on a form specified by the Department and pay the
				appropriate fees for the first year. The applicant shall state the necessary
				number of business signs that will be affixed to the panel or, where
				applicable, the supplemental panel or trailblazer.
2. Each applicant shall provide written
				assurance at the time of application that the applicant will comply with all
				applicable laws respecting public accommodations and providing service without
				regard to race, religion, color, gender or national origin.
Added to NAC by Dep't
				  of Transportation, eff. 9-16-86
NRS
					 408.215,
					 408.557,
					 410.400
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INFORMATIONAL AND DIRECTIONAL SIGNS FOR TOURISTS › Application for Placing Business Sign on Panel › Section 408.800 - Acceptance of applications of businesses located more than 1 mile from interchange or intersection

Current through June 11, 2024
1. If there are not
				enough businesses serving motorists located within 1 mile from the interchange
				or intersection submitting applications for the placement of a business sign on
				a panel, applications may be submitted to the Department from other businesses
				which are located up to 3 miles from the interchange or intersection being
				considered.
2. If there are still
				not enough businesses submitting an application in the first 3 miles,
				applications from other businesses which are located more than 3 miles and up
				to 6 miles from the interchange or intersection being considered may be
				submitted to the Department. The Traffic Engineer may consider the application
				upon showing by the applicant that the business can be easily located and
				additional panels, other than a supplemental panel or trailblazer, would not be
				necessary to direct the traveling public to the business.
Added to NAC by Dep't
				  of Transportation, eff. 9-16-86
NRS
					 408.215,
					 408.557,
					 410.400
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INFORMATIONAL AND DIRECTIONAL SIGNS FOR TOURISTS › Application for Placing Business Sign on Panel › Section 408.802 - Approval of application by Traffic Engineer

Current through June 11, 2024
The Traffic Engineer shall approve an original application or
				  application for renewal if he or she determines that the applicant's business
				  complies with the criteria for the placement of a business sign on a
				  panel.
Added to NAC by Dep't
				  of Transportation, eff. 9-16-86
NRS
					 408.215,
					 408.557,
					 410.400
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INFORMATIONAL AND DIRECTIONAL SIGNS FOR TOURISTS › Application for Placing Business Sign on Panel › Section 408.804 - Denial of application by Traffic Engineer

Current through June 11, 2024
An application of a business which meets all of the
				  requirements for eligibility for placement of a business sign may be denied by
				  the Traffic Engineer if he or she determines that adequate direction to the
				  business cannot be given by a reasonable number of allowable supplemental
				  panels or trailblazers.
Added to NAC by Dep't
				  of Transportation, eff. 9-16-86
NRS
					 408.215,
					 408.557,
					 410.400
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INFORMATIONAL AND DIRECTIONAL SIGNS FOR TOURISTS › Application for Placing Business Sign on Panel › Section 408.806 - Duration of approval; renewal

Current through June 11, 2024
Any approval of a new application or an application for
				  renewal entitles the applicant to the placement or continuance of its business
				  sign on a particular panel for 12 months after date of installation of the
				  business sign on the panel. If the responsible operator wants to continue the
				  placement of a business sign on a panel, he or she must submit an application
				  for renewal 30 days before the expiration of the 12-month period. Eligibility
				  of a qualified business for continued placement of its business sign on a panel
				  must be reviewed by the Traffic Engineer before granting or denying the
				  application for renewal using the same criteria as for the initial application.
				  Prior notice of the deadline for renewal may be provided by the Department to
				  the responsible operator.
Added to NAC by Dep't
				  of Transportation, eff. 9-16-86
NRS
					 408.215,
					 408.557,
					 410.400
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INFORMATIONAL AND DIRECTIONAL SIGNS FOR TOURISTS › Application for Placing Business Sign on Panel › Section 408.808 - Notification of applicant and district engineer if application is approved

Current through June 11, 2024
1. The Department will notify the successful
				applicant of the approval of his or her application so that he or she has
				adequate time to furnish the Department with the necessary number of business
				signs.
2. Upon approval of an
				application, the Traffic Engineer shall notify the district engineer and
				provide him or her with the information necessary for the installation of the
				business signs on the panel and, if necessary, the erection of a supplemental
				panel or trailblazer.
Added to NAC by Dep't
				  of Transportation, eff. 9-16-86
NRS
					 408.215,
					 408.557,
					 410.400
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INFORMATIONAL AND DIRECTIONAL SIGNS FOR TOURISTS › Application for Placing Business Sign on Panel › Section 408.810 - Cancellation of application

Current through June 11, 2024
The Traffic Engineer may cancel the application if the
				  applicant has not timely provided the Department with the necessary number of
				  business signs or if the business signs do not comply with the requirements for
				  placement on a panel.
Added to NAC by Dep't
				  of Transportation, eff. 9-16-86
NRS
					 408.215,
					 408.557,
					 410.400
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INFORMATIONAL AND DIRECTIONAL SIGNS FOR TOURISTS › Application for Placing Business Sign on Panel › Section 408.812 - Supplemental sign for business providing diesel fuel

Current through June 11, 2024
1. A supplemental sign with the legend
				"DIESEL" may be placed on a panel underneath the legend "GAS" if the qualified
				business has diesel fuel available during its hours of operation. In order to
				have a sign for diesel fuel installed, the qualified business must submit an
				application, along with the appropriate fees, on a form approved by the
				Department.
2. The sign must be 36
				inches wide and 7 inches high. The color must be blue, with white letters that
				are 5 inches high. The sign for diesel fuel must be furnished and installed by
				the Department, and the Department must maintain and replace the sign when it
				becomes damaged or worn.
Added to NAC by Dep't
				  of Transportation, eff. 9-16-86
NRS
					 408.215,
					 408.557,
					 410.400
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INFORMATIONAL AND DIRECTIONAL SIGNS FOR TOURISTS › Removal of Business Sign From Panel › Section 408.814 - Circumstances requiring removal

Current through June 11, 2024
The business sign of a qualified business must be removed
				  from a panel and may be replaced by the business sign of another qualified
				  applicant if the qualified business:
1. Does not substantially comply with the
				requirements of NAC 408.750 to 408.758, inclusive;
2. Closes its business for more than 7
				consecutive days or for more than a total of 10 days during any 12-month
				period, unless the closure was beyond the control of the responsible operator
				or was compelled by justifiable circumstances;
3. Fails to comply with subsection 2 of NAC
				408.798, unless the responsible operator promptly assures the Traffic Engineer
				that the infraction will not recur; or
4. Allows the business sign to become
				obsolete.
Added to NAC by Dep't
				  of Transportation, eff. 9-16-86
NRS
					 408.215,
					 408.557,
					 410.400
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INFORMATIONAL AND DIRECTIONAL SIGNS FOR TOURISTS › Removal of Business Sign From Panel › Section 408.816 - Temporary removal

Current through June 11, 2024
If, as a result of fire, accident or similar occurrence, a
				  qualified business becomes inoperable for a period of time which exceeds 7 days
				  but is not more than 90 days, its business sign must be temporarily removed
				  from all panels. The business is not required to reapply before the normal time
				  for application for renewal. The Traffic Engineer may grant an extension for
				  good cause, as shown by the responsible operator, but the failure of the
				  responsible operator to proceed with the necessary repair of the qualified
				  business as rapidly as possible may jeopardize the continued placement of the
				  business sign on a panel and the Traffic Engineer may require the responsible
				  operator to submit a new application.
Added to NAC by Dep't
				  of Transportation, eff. 9-16-86
NRS
					 408.215,
					 408.557,
					 410.400
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INFORMATIONAL AND DIRECTIONAL SIGNS FOR TOURISTS › Removal of Business Sign From Panel › Section 408.818 - Removal for noncompliance with regulations or at request of responsible operator

Current through June 11, 2024
1. If the
				responsible operator receives two notices of noncompliance with NAC 408.700 to
				408.828, inclusive, and does not comply, the business sign must be removed from
				the panel, supplemental panel or trailblazer.
2. A business sign may also be removed if the
				responsible operator requests the:
(a)
				Temporary removal because of the temporary or seasonal nature of his or her
				particular business; or
(b) Removal
				of the business sign from the panel, supplemental panel or
				trailblazer.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INFORMATIONAL AND DIRECTIONAL SIGNS FOR TOURISTS › Removal of Business Sign From Panel › Section 408.820 - Loss of order of priority of qualified business

Current through June 11, 2024
Upon the removal of a business sign, the qualified business
				  loses its order of priority in the ranking for placement of a business sign
				  unless:
1. It corrects the deficiency
				before the acceptance of another applicant by the Traffic Engineer;
				or
2. The removal of the business
				sign is temporary pursuant to NAC 408.816.
Added to NAC by Dep't
				  of Transportation, eff. 9-16-86
NRS
					 408.215,
					 408.557,
					 410.400
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INFORMATIONAL AND DIRECTIONAL SIGNS FOR TOURISTS › Miscellaneous Provisions › Section 408.822 - Inspection by Department

Current through June 11, 2024
The Department will inspect the panels, supplemental panels
				  and trailblazers for business signs that are not securely attached.
Added to NAC by Dep't
				  of Transportation, eff. 9-16-86
NRS
					 408.215,
					 408.557,
					 410.400
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INFORMATIONAL AND DIRECTIONAL SIGNS FOR TOURISTS › Miscellaneous Provisions › Section 408.824 - Duties of responsible operator

Current through June 11, 2024
The responsible operator shall:
1. Furnish the necessary number of business
				signs for placement and replacement on panels, supplemental panels and
				trailblazers;
2. Keep the business
				signs current; and
3. Provide
				additional business signs to replace obsolete business signs and business signs
				damaged or lost because of vandalism or theft.
Added to NAC by Dep't
				  of Transportation, eff. 9-16-86
NRS
					 408.215,
					 408.557,
					 410.400
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INFORMATIONAL AND DIRECTIONAL SIGNS FOR TOURISTS › Miscellaneous Provisions › Section 408.826 - Fees

Current through June 11, 2024
1. An applicant shall submit a nonrefundable
				fee established by the Department with his or her application for a business
				sign or application for renewal.
2.
				The Department will establish and assess the following fees:
(a) An annual fee for rental for placement of
				a business sign on a panel, supplemental panel or a trailblazer, payable within
				20 days after notification to the applicant of the approval of his or her
				application or renewal.
(b) If an
				applicant requests and qualifies for a sign for diesel fuel, an additional
				annual fee for rental for each such sign.
(c) A fee for installation of each business
				sign and sign for diesel fuel, payable within 20 days after notification to the
				applicant of the approval of his or her application.
(d) After the Department removes, even
				temporarily, a business sign from a panel, supplemental panel or trailblazer, a
				fee against the responsible operator for removal of each business
				sign.
(e) If a business sign is
				reinstalled after its removal, a fee for the reinstallation of each business
				sign.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INFORMATIONAL AND DIRECTIONAL SIGNS FOR TOURISTS › Miscellaneous Provisions › Section 408.828 - Refund of fee

Current through June 11, 2024
1. If a business
				sign has been removed from a panel, supplemental panel or trailblazer, the
				unused portion of the prepaid annual fee for rental must be refunded to the
				responsible operator, unless the business sign is temporarily removed under the
				provisions of subsection 2 of NAC 408.818.
2. If a Traffic Engineer cancels an
				application pursuant to NAC 408.810, the Department will refund the unused
				portion of the prepaid annual fee for rental to the responsible
				operator.
Added to NAC by Dep't
				  of Transportation, eff. 9-16-86
NRS
					 408.215,
					 408.557,
					 410.400
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INFORMATIONAL AND DIRECTIONAL SIGNS FOR TOURISTS › Miscellaneous Provisions › Section 408.830 - Appeal of decision of Traffic Engineer

Current through June 11, 2024
1. Any person
				aggrieved by a decision of the Traffic Engineer may appeal that decision in
				writing to a hearings officer of the Department appointed by the Director. The
				request for an appeal must be made within 15 working days after the decision is
				rendered.
2. Within 30 working days
				after the hearings officer receives the request for appeal, a prehearing
				conference must be held, involving the person requesting the appeal, the
				district engineer, the Traffic Engineer and one other officer of the Department
				designated by the Director.
3. A
				hearing must be held before the hearings officer 45 days after the hearings
				officer receives the request for appeal if the matter has not been resolved
				through a prehearing conference.
Added to NAC by Dep't
				  of Transportation, eff. 9-16-86
NRS
					 408.215,
					 408.557,
					 410.400
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › ACCESS TO RIGHTS-OF-WAY FOR STATEWIDE TELECOMMUNICATIONS › Section 408.850 - Applicability

Current through June 11, 2024
1. The provisions of NAC
			 408.850 to
			 408.868, inclusive, apply only to
			 a telecommunications facility of a telecommunications provider that is located
			 in or on a right-of-way that is located on or adjacent to an interstate
			 highway.
2. As used in this
			 section, "interstate highway" has the meaning ascribed to it in
			 NRS
			 410.060.
Added to NAC
				by Dep't of Transportation by
				R155-18A,
				eff. 12/30/2019
NRS
				  408.55029
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › ACCESS TO RIGHTS-OF-WAY FOR STATEWIDE TELECOMMUNICATIONS › Section 408.854 - Agreement for longitudinal or wireless access to right-of-way by telecommunications provider: Requirements; compensation

Current through June 11, 2024
An agreement entered into by the Department and a
				telecommunications provider pursuant to
				NRS
				408.5502:
1. Must set forth the procedures, conditions
			 and other requirements or restrictions imposed by the Department for the
			 issuance of an occupancy permit to the telecommunications provider, including,
			 without limitation, those provisions of NAC
			 408.438 to
			 408.4424, inclusive, which will
			 apply to the parties to the agreement.
2. Does not guarantee the Department's
			 approval of any permit sought by the telecommunications provider.
3. May be renegotiated by the Department upon
			 a determination by the Department that such renegotiation is required due to a
			 substantive or relevant change in the circumstances which existed when the
			 agreement was entered into.
4. May
			 be terminated by either party to the agreement not less than 30 days after
			 written notice of such termination is provided by the party seeking termination
			 to the other party. Such termination does not affect any permit issued to the
			 telecommunications provider during the time that the agreement was
			 valid.
5. Must set forth any
			 compensation charged by the Department pursuant to
			 NRS
			 408.5501 to
			 408.55029, inclusive, including,
			 without limitation, a description of in-kind compensation and the proportions
			 of shared obligations for compensation pursuant to
			 NRS
			 408.55026, if applicable. The agreement must
			 provide:
(a) Whether the telecommunications
			 provider will pay monetary compensation, if any, annually or in one or more
			 lump sums; and
(b) That annual
			 compensation rates, if any, and values for in-kind compensation, if any, may
			 vary through the term of the agreement as revised by the Department pursuant to
			 NAC 408.862 and
			 408.865.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › ACCESS TO RIGHTS-OF-WAY FOR STATEWIDE TELECOMMUNICATIONS › Section 408.856 - Prerequisites before work commences in right-of-way; compliance with special restoration conditions under certain circumstances

Current through June 11, 2024
1.
			 Except as otherwise provided in NAC
			 408.858, before a
			 telecommunications provider who has entered into an agreement with the
			 Department pursuant to
			 NRS
			 408.5502 or a contractor working for the
			 telecommunications provider may engage in any work in the right-of-way that is
			 the subject of the agreement, the telecommunications provider or contractor
			 must obtain an occupancy permit as required pursuant to
			 NRS
			 408.423 and in accordance with the applicable
			 provisions of NAC
			 408.438 to
			 408.4424, inclusive.
2. A telecommunications provider who has
			 entered into an agreement with the Department pursuant to
			 NRS
			 408.5502 or a contractor working for the
			 telecommunications provider will not be allowed to install a facility
			 underground in a right-of-way until the telecommunications provider provides
			 proof satisfactory to the Department that the telecommunications provider or
			 contractor has an agreement with or subscription to a person or system that
			 ensures compliance with the applicable provisions of chapter 455 of
			 NRS.
3. If a telecommunications
			 provider who has entered into an agreement with the Department pursuant to
			 NRS
			 408.5502 or a contractor working for the
			 telecommunications provider cuts into or excavates a newly constructed, paved
			 or overlaid highway without the express permission of the Department, the
			 telecommunications provider or contractor must comply with any special
			 restoration conditions imposed by the Department.
Added to NAC
				by Dep't of Transportation by
				R155-18A,
				eff. 12/30/2019
NRS
				  408.423,
				  408.55029
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › ACCESS TO RIGHTS-OF-WAY FOR STATEWIDE TELECOMMUNICATIONS › Section 408.858 - Requirements during emergency situation; request for emergency permit; compliance with special restoration conditions under certain circumstances

Current through June 11, 2024
1. In the event of
			 an emergency situation that requires a telecommunications provider who has
			 entered into an agreement with the Department pursuant to
			 NRS
			 408.5502 or a contractor working for the
			 telecommunications provider to engage in work in a right-of-way that is not
			 within the scope of the occupancy permit of the telecommunications provider or
			 contractor, or before the telecommunications provider or contractor has
			 obtained a permit, the telecommunications provider or contractor:
(a) Must contact the Department
			 immediately;
(b) Must request and
			 obtain from the Department an emergency permit; and
(c) May engage in the work or have the work
			 done by a bonded contractor, a public agency or another telecommunications
			 provider, but all work done must comply with NAC
			 408.4412 and the provisions of
			 NAC 408.850 to
			 408.868, inclusive.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › ACCESS TO RIGHTS-OF-WAY FOR STATEWIDE TELECOMMUNICATIONS › Section 408.862 - NEW

Current through June 11, 2024
1. For the purposes of determining rates of
			 monetary compensation for the use of and access to spare conduit and related
			 facilities pursuant to
			 NRS
			 408.5502 or
			 408.55024, the Department will
			 establish geographic regions of the State, which may be amended as deemed
			 necessary by the Department.
2. The
			 Department will calculate the value of spare conduit and related facilities for
			 each geographic region of the State based on an analysis of the:
(a) Current fair market value of such conduit
			 and related facilities in each geographic region of the State; and
(b) Costs to the Department for its
			 construction, installation and maintenance of the conduit and related
			 facilities.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › ACCESS TO RIGHTS-OF-WAY FOR STATEWIDE TELECOMMUNICATIONS › Section 408.865 - In-kind compensation: Valuation by Department

Current through June 11, 2024
1. For
			 the purposes of valuing in-kind compensation paid to the Department pursuant to
			 NRS
			 408.55025 by a telecommunications provider
			 who has entered into an agreement with the Department pursuant to
			 NRS
			 408.5502, the telecommunications provider
			 must provide to the Department an estimate of the value of the in-kind
			 compensation.
2. If the value, as
			 determined by the Department pursuant to
			 NRS
			 408.55025, of in-kind compensation paid by a
			 telecommunications provider is:
(a) Less than
			 the value of annual or lump-sum monetary compensation the Department would
			 require from the telecommunications provider, the Department may require
			 additional compensation in the form of lump-sum or annual monetary compensation
			 from the telecommunications provider.
(b) More than the value of annual or lump-sum
			 monetary compensation the Department would require from the telecommunications
			 provider, the telecommunications provider must provide the Department, on a
			 form prescribed by the Director, consent to the excess value of the payment and
			 a waiver of any and all claims for reimbursement from the Department.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › ACCESS TO RIGHTS-OF-WAY FOR STATEWIDE TELECOMMUNICATIONS › Section 408.868 - Applicability of regulations governing reimbursement for costs of relocation or removal of telecommunications facility

Current through June 11, 2024
The requirements of NAC
				408.303 to
				408.379, inclusive, apply to any
				relocation or removal of a telecommunications facility that is required
				pursuant to
				NRS 408.55029 by a
				telecommunications provider who has entered into an agreement with the
				Department pursuant to
				NRS
				408.5502.
Added to NAC
				by Dep't of Transportation by
				R155-18A,
				eff. 12/30/2019
NRS
				  408.55029
Nevada Administrative Code › Chapter 410 - Beautification of Highways › GENERAL PROVISIONS › Section 410.001 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 410.003, 410.005 and 410.007 have the meanings ascribed to them in those sections.
Added to NAC by Dep't of Transportation by R058-97, eff. 12-11-98
NRS 408.557, 410.330
Nevada Administrative Code › Chapter 410 - Beautification of Highways › GENERAL PROVISIONS › Section 410.007 - "Interstate" defined

Current through June 11, 2024
"Interstate" has the meaning ascribed to it in 23 U.S.C. Section 103(e).
Added to NAC by Dep't of Transportation by R058-97, eff. 12-11-98
NRS 408.557, 410.330
Nevada Administrative Code › Chapter 410 - Beautification of Highways › JUNKYARDS › Section 410.010 - Definitions

Current through June 11, 2024
As used in NAC 410.010 to 410.120, inclusive, unless the context otherwise requires, the words and terms defined in NAC 410.020 to 410.080, inclusive, have the meanings ascribed to them in those sections.
Supplied in codification
Nevada Administrative Code › Chapter 410 - Beautification of Highways › JUNKYARDS › Section 410.020 - "Industrial activity" defined

Current through June 11, 2024
"Industrial activity" means an activity which is permitted only in an industrial zone or a less restrictive zone by the nearest zoning authority within the state or if prohibited by the authority is generally recognized as industrial activity by other zoning authorities within the state, except that none of the following is an industrial activity:
1. Any erection or maintenance of an outdoor advertising structure.
2. Any agricultural, forestry, ranching, grazing, farming or related activity, or operation of a wayside stand for sale of fresh produce.
3. Any activity normally and regularly in operation less than 3 months of the year.
4. Any transient or temporary activity.
5. Any activity not visible from the traffic lanes of the main-traveled way.
6. Any activity more than 300 feet from the nearest edge of the main-traveled way.
7. Any activity conducted in a building principally used as a residence.
8. Any operation of railroad tracks, a minor siding or a passenger depot.
9. Any creation or maintenance of a junkyard as defined in 23 U.S.C. Section 136.
Dep't of Highways, Junkyard Control Reg. Section II subsec. E, eff. 4-30-79
NRS 410.190
Nevada Administrative Code › Chapter 410 - Beautification of Highways › JUNKYARDS › Section 410.030 - "Landowner" defined

Current through June 11, 2024
"Landowner" means the owner of the land upon which a junkyard is located.
Dep't of Highways, Junkyard Control Reg. Section II subsec. A, eff. 4-30-79
NRS 410.190
Nevada Administrative Code › Chapter 410 - Beautification of Highways › JUNKYARDS › Section 410.040 - "Main-traveled way" defined

Current through June 11, 2024
1. "Main-traveled way" means the area of a highway, including the separated roadways of a divided highway, on which through traffic is carried.
2. A main-traveled way does not include such facilities as frontage roads, turning roadways, parking areas or ramps.
Dep't of Highways, Junkyard Control Reg. Section II subsec. B, eff. 4-30-79
NRS 410.190
Nevada Administrative Code › Chapter 410 - Beautification of Highways › JUNKYARDS › Section 410.050 - "Operator" defined

Current through June 11, 2024
"Operator" means the owner of a junkyard or any person, firm, partnership, association or corporation engaged in the operation or maintenance of a junkyard.
Dep't of Highways, Junkyard Control Reg. Section II subsec. C, eff. 4-30-79
NRS 410.190
Nevada Administrative Code › Chapter 410 - Beautification of Highways › JUNKYARDS › Section 410.060 - "Unzoned industrial area" defined

Current through June 11, 2024
"Unzoned industrial area" means any area which is:
1. Occupied by the regularly used building, parking lot or storage or processing area of an industrial activity located within 1,000 feet of an interstate or primary highway;
2. Located on the same side of the highway as the part of that activity;
3. Not predominantly used for residential or commercial purposes; and
4. Not zoned by any state law or regulation or by any local ordinance or regulation.
Dep't of Highways, Junkyard Control Reg. Section II subsec. D, eff. 4-30-79
NRS 410.190
Nevada Administrative Code › Chapter 410 - Beautification of Highways › JUNKYARDS › Section 410.070 - "Visible" defined

Current through June 11, 2024
"Visible" means capable of being seen without visual aid by a person of normal visual acuity. For purposes of NAC 410.010 to 410.120, inclusive, a junkyard is not visible if the junk cannot be seen over, under, through or outside of the screen.
Dep't of Highways, Junkyard Control Reg. Section II subsec. F, eff. 4-30-79
NRS 410.190
Nevada Administrative Code › Chapter 410 - Beautification of Highways › JUNKYARDS › Section 410.080 - "Zoned industrial area" defined

Current through June 11, 2024
"Zoned industrial area" means an area zoned for industry or manufacturing under a comprehensive zoning plan. Any zoning which permits certain industrial uses as an incident to the primary land use, or any holding, open-use or transitional-type zoning classification is an industrial zone.
Dep't of Highways, Junkyard Control Reg. Section II subsec. G, eff. 4-30-79
NRS 410.190
Nevada Administrative Code › Chapter 410 - Beautification of Highways › JUNKYARDS › Section 410.090 - Permits: Application; fee

Current through June 11, 2024
1. The Department will provide a copy of NAC 410.010 to 410.120, inclusive, and an application form for a required permit by certified mail to every operator of a junkyard subject to the provisions of NRS NRS 410.095 to 410.210, inclusive.
2. The operator must complete the application and submit it within 30 days, with the required $10 fee, to:
Utilities Section
Department of Transportation
1263 South Stewart Street
Carson City, Nevada 89712
3. The Department will require a new application and fee only if a junkyard is acquired by another operator.
4. An application for a permit required by NRS NRS 410.100 must contain:
(a) The name and address of the operator of the junkyard.
(b) The name and address of the landowner. If the operator is not the landowner, the application must contain a copy of the lease or agreement allowing occupancy or a notarized affidavit attesting to the operator's right of occupancy.
(c) If the junkyard is located in a zoned industrial area, an affidavit of that fact by the proper zoning authority.
(d) If the junkyard is located in an unzoned industrial area, a certificate to that fact by the county planning officer or other appropriate official.
(e) The date the junkyard was established.
(f) A description of any expansion of the junkyard since January 1, 1972.
(g) The notarized signature of the applicant.
(h) The date of the application.
Nevada Administrative Code › Chapter 410 - Beautification of Highways › JUNKYARDS › Section 410.100 - Junkyard screens

Current through June 11, 2024
Junkyard screens established pursuant to the provisions of NRS NRS NRS 410.095 to 410.210, inclusive, whether by the Department or the operator, must be maintained by the operator if the screen is not within the right-of-way of the Department.
Dep't of Highways, Junkyard Control Reg. Section III subsec. D, eff. 4-30-79-NAC A by Dep't of Transportation by R058-97, 12-11-98
NRS 410.190
Nevada Administrative Code › Chapter 410 - Beautification of Highways › JUNKYARDS › Section 410.110 - Abatement proceedings

Current through June 11, 2024
1. If the applicant's junkyard does not comply with the requirements of NRS NRS 410.120, a permit will be denied and, unless compliance is thereafter met pursuant to NRS NRS 410.210, the junkyard will be abated.
2. The operator may reapply for a permit if he or she complies with the requirements of NRS NRS 410.120 before abatement proceedings are instituted.
3. Abatement proceedings will be instituted pursuant to NRS NRS NRS 410.210 if the screen is not properly maintained and any portion of the junkyard becomes visible from the main-traveled way of the interstate or primary highway.
4. Except as otherwise provided in NRS NRS 410.130, abatement proceedings may be instituted pursuant to NRS 410.210 if a quantity of junk equivalent to 10 or more automobiles becomes visible from the main-traveled way of the interstate or primary highway.
Dep't of Highways, Junkyard Control Reg. Section III part of subsecs. C & E, eff. 4-30-79-NAC A by Dep't of Transportation by R058-97, 12-11-98
NRS 410.190, 410.210
Nevada Administrative Code › Chapter 410 - Beautification of Highways › JUNKYARDS › Section 410.120 - Removal, relocation or abandonment of junkyard

Current through June 11, 2024
1. The Department will acquire the minimum land necessary for the removal or relocation of a junkyard pursuant to the provisions of NRS NRS NRS 410.095 to 410.210, inclusive. Abandoned or worthless junk must be removed by the operator or landowner.
2. If the operator of a junkyard which has been inactive or abandoned for 1 year or more begins operating the junkyard again, the operator must comply with the requirements of NRS NRS 410.095 to 410.210, inclusive, at his or her own expense.
Dep't of Highways, Junkyard Control Reg. Section III subsec. F + Section IV, eff. 4-30-79-NAC A by Dep't of Transportation by R058-97, 12-11-98
NRS 410.190
Nevada Administrative Code › Chapter 410 - Beautification of Highways › OUTDOOR ADVERTISING › Sign Permits; Construction of Signs › Section 410.200 - On-premise advertising signs

Current through June 11, 2024
1. On-premise advertising is not subject to the state's outdoor advertising control.
2. A sign must meet the following tests to be considered an on-premise advertising device:
(a) The sign must be located on the same premises as the activity or property advertised. The premises on which an activity is conducted is determined by physical facts rather than property lines. Premises includes the area occupied by the buildings and appurtenances such as parking lots, storage areas, processing areas or areas for other physical uses that are customarily incident to the activity, including open spaces arranged and designed to be used in connection with the buildings or activities. In the case of large complexes where one or more related activities occur, such as the resort hotel-golf course or restaurant-service station complex, where the entire complex is under the same ownership, any of the separate activities may be advertised independently within the developed commercial or industrial area of the complex.
(b) The purpose of the advertising sign must be:
(1) The identification of the establishment or activity located on the premises or its products or services; or
(2) The sale or lease of the property on which the sign is located.
Nevada Administrative Code › Chapter 410 - Beautification of Highways › OUTDOOR ADVERTISING › Sign Permits; Construction of Signs › Section 410.210 - Off-premise advertising signs: Land considered "off-premise

Current through June 11, 2024
Certain situations constitute prima facie evidence that a sign is not an on-premise advertising device. The following are not considered a part of the premises on which the activity is conducted, and any signs located on such land are considered off-premise advertising subject to control by the State:
1. Any land which is not used as an integral part of the principal activity. This includes, but is not limited to, land which is separated from the activity by a roadway, highway or other obstruction and not used by the activity, and extensive undeveloped highway frontage contiguous to the land actually used by a commercial facility even though it might be under the same ownership.
2. Any land which is used for or devoted to a separate purpose unrelated to the advertised activity. For example, land adjacent to or adjoining a service station but devoted to raising of crops, residence or farmstead uses, or other commercial or industrial uses having no relationship to the service station activity, would not be part of the premises of the service station even though under the same ownership.
3. Any land which is:
(a) At some distance from the principal activity;
(b) In closer proximity to the highway than the principal activity;
(c) Developed or used only in the area of the site of the sign, or between the site of the sign and the principal activity; and
(d) Occupied solely by structures or uses which are only incidental to the principal activity, and which serve no reasonable or integrated purpose related to the activity other than to attempt to qualify the land as a site for signs. Generally, these are inexpensive facilities, such as picnic, playground or camping areas, dog kennels, golf driving ranges, skeet ranges, common or private roadways or easements, walking paths, fences and sign maintenance sheds.
Nevada Administrative Code › Chapter 410 - Beautification of Highways › OUTDOOR ADVERTISING › Sign Permits; Construction of Signs › Section 410.220 - Off-premise advertising signs: Evidence constituting off-premise sign

Current through June 11, 2024
For the purpose of the sign, the following constitutes evidence of an off-premise sign subject to control by the State:
1. When a sign:
(a) Brings rental income to the landowner; and
(b) Consists principally of brand name or trade name advertising, and the product or service advertised is only incidental to the principal activity,
it is considered the business of outdoor advertising and not an on-premise sign. An example is a typical billboard located on top of a service station advertising a brand of cigarettes or chewing gum which is incidentally sold in a vending machine on the property.
Nevada Administrative Code › Chapter 410 - Beautification of Highways › OUTDOOR ADVERTISING › Sign Permits; Construction of Signs › Section 410.230 - Sign permit: Prerequisites

Current through June 11, 2024
A sign permit cannot be issued unless the proposed site of the sign is located in either a zoned or unzoned commercial or industrial area and unless the proposed sign conforms to the size, spacing and lighting requirements, except for approved directional or informational signs described in NAC 410.430.
Dep't of Highways, Outdoor Advertising Control Manual p. 6, eff. 1-28-77-NAC A by Dep't of Transportation by R058-97, 12-11-98
NRS 410.400
Nevada Administrative Code › Chapter 410 - Beautification of Highways › OUTDOOR ADVERTISING › Sign Permits; Construction of Signs › Section 410.240 - Sign permit: Application

Current through June 11, 2024
1. Sign permit applications are available at the district offices of the Department.
2. The following information must be submitted by the applicant:
(a) The name of the owner of the sign.
(b) The mailing address of the owner of the sign.
(c) The name and mailing address of the landowner at the site of the sign.
(d) A copy of the signed consent of the landowner or a notarized affidavit by the owner of the sign declaring a right of occupancy to the site of the sign must be attached to the application.
(e) The city or county in which the sign is to be located.
(f) The highway name or route number.
(g) The side of the highway along which the sign is to be located.
(h) The approximate location of the sign from an identifiable landmark, intersection, milepost or other existing sign.
(i) If the site of a sign is located in a zoned industrial or commercial area, the zone affidavit on the reverse side of the application must be executed by the appropriate zoning authority. If the site is located in an unzoned industrial or commercial area, a sketch map of the area showing the dimensions of the buildings and proximity of the proposed sign must be attached to the application.
(j) Land use.
(k) If a sign exists, the date it was erected must be indicated. If it is a new sign, the date the sign is to be erected must be indicated.
(l) The height and width of the advertising area must be indicated, including border and trim, but excluding the base or apron, supports and other structural members.
(m) The sign area must be measured by the smallest square, rectangle, triangle, circle or combination thereof which will encompass the entire sign face. A double-faced sign will require one permit with the annual fee based on the total advertising area.
(n) The sign area of all advertising faces for the structure.
(o) The distance from the bottom of the panel to the ground.
(p) The number and size of posts.
(q) The post material.
(r) Illumination.
(s) A photo or sketch of the sign must be attached to the application.
Nevada Administrative Code › Chapter 410 - Beautification of Highways › OUTDOOR ADVERTISING › Sign Permits; Construction of Signs › Section 410.250 - Sign permit: Submission of application; field inspection; priority or lottery system for granting application

Current through June 11, 2024
1. The sign permit application must be submitted to the district office of the Department in the area where the proposed sign is to be located. The utility inspector shall make a field inspection to determine conformity of the location and:
(a) The stationing; or
(b) The mileposts,
for the proposed sign.