reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 408 - NEBRASKA DEPARTMENT OF TRANSPORTATION - OPERATIONS DIVISION › Chapter 3 - PERMITS FOR MOVEMENT OF OVERWEIGHT AND/OR OVERDIMENSIONAL VEHICLES AND LOADS › Section 408-3-004 - PROVISIONS APPLICABLE TO SINGLE TRIP OVERWEIGHT AND/OR OVERDIMENSIONAL PERMITS, EXCEPT MANUFACTURED HOUSING

Current through June 17, 2024
004.01 A Single
  Trip Permit may be issued for the movement of a vehicle or combination of
  vehicles, which in itself exceeds the legal limitations with regard to weight,
  height, length or width, only when unladen or when the load to be carried
  exceeds the dimensions of the vehicle or combination of vehicles.
004.01A In no case shall a single axle exceed
  20,000 pounds either alone or in a group of axles except as covered in
  subsections
  002.03A or
  004.01A through C.
  The Department has the discretion to exceed this 20,000 pound limitation for
  certain loads, including, but not limited to Superloads, so long as the overall
  weight of the load is distributed over more than one lane. The distance between
  the interior of the external axles must be at least 14 feet (see Illustration A
  below). The application shall include a drawing which depicts axle weights,
  axle spacings and dimensions of the vehicle for consideration by the
  Department.
Click here to
	 view
004.01B A
  Single Trip Permit may be issued for construction equipment that is driven on
  the road, provided it is equipped with flotation tires that do not exceed the
  limits for individual tire specifications The individual tire sizes will be
  required by the Department for permit issuance and will be placed on the
  permit
004.01C A Single Trip Permit
  may be issued for self-propelled specialized mobile equipment including
  self-propelled oil well servicing units, provided that no single axle shall
  exceed 25,000 pounds, no tandem axle shall exceed 47,000 pounds, no triple axle
  shall exceed 60,000 pounds and no quad axle shall exceed 80,000 pounds. In no
  case shall the maximum gross weight exceed 94,000 pounds on a four-axle unit,
  107,000 pounds on a five-axle unit or 120,000 pounds on a six-axle unit. On all
  specialized mobile equipment of seven axles or more, a review of the route by
  the Department's Permit Office and Bridge Division will be required.
004.01D A Single Trip Permit may be issued
  for Two-Axle Flotation equipment provided that no single axle exceeds 55,000
  pounds and the gross weight does not exceed 90,000 pounds. A Single Trip
  Two-Axle Flotation Permit may also be subject to the limitations set out in
  005.06B.
004.01E An issued permit will be valid for a
  period not to exceed 10 moving days. The move must be made within this time
  period and in accordance with these regulations.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 408 - NEBRASKA DEPARTMENT OF TRANSPORTATION - OPERATIONS DIVISION › Chapter 3 - PERMITS FOR MOVEMENT OF OVERWEIGHT AND/OR OVERDIMENSIONAL VEHICLES AND LOADS › Section 408-3-005 - PROVISIONS APPLICABLE TO THE ISSUANCE OF CONTINUOUS ("ANNUAL") OVERWEIGHT AND/OR OVERDIMENSIONAL PERMITS

Current through June 17, 2024
005.01
GENERAL
A Continuous ("Annual") Permit may be issued
  as defined in this chapter for the frequent or repeated movement of a vehicle
  or combination of vehicles, with or without loads, within an area or on
  designated highways approved by the Department for a designated time period not
  to exceed one year.
005.01A A Continuous
  Permit may be issued in 90-day increments with the total not to exceed one
  year. The Department may limit the length of time when an overweight Continuous
  Permit is valid to assure against undue damage to the road foundations, surface
  or structures.
005.01B A Continuous
  Permit may not be transferred to any other vehicle.
005.01C Some restrictions beyond those
  described in this chapter may be required on individual permits.
005.01D The permittee shall assume the risk
  of loss to the vehicle or its load and shall be liable for any damages that
  result to overhead obstructions from operation of a vehicle exceeding 12 feet,
  6 inches in height.
005.01E The
  permittee shall be aware of construction zones with width restrictions and not
  enter those zones with allowable widths less than those permitted by the
  Continuous Permit.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 408 - NEBRASKA DEPARTMENT OF TRANSPORTATION - OPERATIONS DIVISION › Chapter 3 - PERMITS FOR MOVEMENT OF OVERWEIGHT AND/OR OVERDIMENSIONAL VEHICLES AND LOADS › Section 408-3-007 - PROVISIONS APPLICABLE FOR ISSUANCE OF OTHER OVERWEIGHT AND/OR OVERDIMENSIONAL PERMITS

Current through June 17, 2024
007.01
TYPES OF PERMITS
The following types of permits may be
  issued:
007.01A Harvest Permits
007.01B Garbage Permits
007.01C Interstate Implement of Husbandry
  Permits
007.01D Highway 75
  Implement of Husbandry Permits
007.01E Interstate Baled Livestock Forage
  Permits
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 408 - NEBRASKA DEPARTMENT OF TRANSPORTATION - OPERATIONS DIVISION › Chapter 3 - PERMITS FOR MOVEMENT OF OVERWEIGHT AND/OR OVERDIMENSIONAL VEHICLES AND LOADS › Section 408-3-009 - OVERWEIGHT AND/OR OVERDIMENSIONAL PERMIT FEE SCHEDULE

Current through June 17, 2024
009.01 A permit fee will not be charged for
  the following movements or permits:
009.01A
  The movement by any governmental agency, political subdivision or public
  corporation of their own vehicles or combination of vehicles, with or without
  load.
009.01B The movement by a
  contractor of overdimensional construction materials, that cannot be reduced in
  size, from the nearest railroad siding to the site of a highway construction
  project.
009.01C The movement of an
  overdimensional load or a self-propelled object from a railroad siding to the
  site of a highway construction project or to an equipment storage yard
  nearby.
009.01D The operation or
  movement of a contractor's overweight and overdimensional equipment within the
  project limits of a highway construction project being built under traffic, or
  to and from the nearest railroad siding which is being used as a delivery point
  for equipment or materials.
009.01E
  The towing of overlength vehicle combinations disabled on the highway to the
  nearest place of secure safekeeping.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 408 - NEBRASKA DEPARTMENT OF TRANSPORTATION - OPERATIONS DIVISION › Chapter 3 - PERMITS FOR MOVEMENT OF OVERWEIGHT AND/OR OVERDIMENSIONAL VEHICLES AND LOADS › Section 408-3-010 - PROVISIONS APPLICABLE TO PERMITS FOR THE MOVEMENT OF EXTRA-LONG VEHICLE COMBINATIONS

Current through June 17, 2024
010.01
DEFINITIONS
010.01A
EXTRA-LONG VEHICLE COMBINATIONS:
For the purpose of
  these Rules and Regulations, extra-long vehicle combinations may include the
  following vehicle combinations:
010.01A1 A
  vehicle combination consisting of a truck-tractor, semi-trailer and two
  trailers having an overall length of not more than 105 feet, the semi-trailer
  and trailers of which must be of approximately equal lengths.
010.01A2 A vehicle combination consisting of
  a truck-tractor, semi-trailer and single trailer having an overall length of
  not more than 105 feet, the semi-trailer and trailers of which must be of
  approximately equal lengths.
010.01A3 A vehicle combination consisting of
  a truck-tractor, semi-trailer and single trailer, one trailer of which is not
  more than 48 feet long and the other trailer of which is not more than 28 feet
  long nor less than 26 feet long. The entire combination of which is not more
  than 95 feet long. In this combination, the shorter trailer shall be operated
  as the rear trailer.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 408 - NEBRASKA DEPARTMENT OF TRANSPORTATION - OPERATIONS DIVISION › Chapter 3 - PERMITS FOR MOVEMENT OF OVERWEIGHT AND/OR OVERDIMENSIONAL VEHICLES AND LOADS › Section 408-3-011 - PROVISIONS APPLICABLE TO CONDITIONAL INTERSTATE USE PERMITS FOR DIVISIBLE LOADS EXCEEDING 80,000 POUNDS

Current through June 17, 2024
011.01 The Director
  has determined that circumstances exist to make the issuance of Conditional
  Interstate Use Permits for divisible loads exceeding 80,000 pounds on the
  National System of Interstate and Defense Highways within the State of Nebraska
  necessary. The National System of Interstate and Defense Highways provides the
  safest, efficient, least congested direct route for movement of such loads
  across the state. In making such determination, the Director has considered the
  following conditions on the National System of Interstate and Defense Highways:
011.01A The National System of Interstate and
  Defense Highways is designed and maintained to standards to be more conducive
  to safe and efficient transportation than alternative state and county
  roads.
011.01B The National System
  of Interstate and Defense Highways is designed to handle traffic volumes that
  are more conducive to safe and efficient transportation than alternative state
  and county roads.
011.01C Public
  safety is enhanced by authorizing vehicles with a total gross weight of up to
  95,000 pounds to travel on the National System of Interstate and Defense
  Highways in Nebraska.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 408 - NEBRASKA DEPARTMENT OF TRANSPORTATION - OPERATIONS DIVISION › Chapter 3 - PERMITS FOR MOVEMENT OF OVERWEIGHT AND/OR OVERDIMENSIONAL VEHICLES AND LOADS › Appendix A

Current through June 17, 2024
Map 1 (Reference
	 002.03B)
Click here to
	 view
Map 2 (Reference
	 003.13A1)
Click here to
	 view
Map 3 (Reference
	 003.13A2 and
	 003.13A3)
Click here to
	 view
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 409 - NEBRASKA DEPARTMENT OF ROADS - CONSTRUCTION DIVISION › Chapter 1 - Contracts, Proposal Forms, and Qualifications of Bidders for State Highway Work - English (Metric) System Measurements › Section 409-1-002 - REQUIREMENTS FOR BIDDERS ON CONTRACTS AWARDED BY THE DEPARTMENT

Current through June 17, 2024
002.01
PREQUALIFICATION OF
  BIDDERS
002.01A All persons,
  (any individual, co-partnership, association, corporation or joint stock
  company) proposing to bid on a contract for the construction, reconstruction,
  improvement, maintenance, or repair of roads, bridges and their appurtenances
  to be let by the Department shall submit a statement showing his/her
  experience, equipment, and financial condition; except that such statement
  shall not be required for contracts for repair and maintenance where the
  estimate of the Engineer for such repair and maintenance is less than
  twenty-five hundred dollars, or of an emergency nature. Such statement shall be
  under oath and on a form to be provided by the Department and shall be
  submitted not later than ten days before the letting of the Contract or
  Contracts. The statement shall develop fully the financial ability, adequacy of
  plant and equipment, organization, prior experience, and such other pertinent
  and material facts as may be desirable. The Department may require additional
  information at any time. The statements of bidder's experience, equipment, and
  financial condition will not be retained in the active file of qualified
  bidders after the financial condition shown is of a date fifteen months prior.
  Any person whose qualification will expire on or before the date of a letting
  must submit a new statement and request to be qualified at least ten days
  before the letting at which he/she desires to bid. Any person who desires a
  change in his/her qualification must submit a new statement or a request in
  writing at least ten days before the letting at which the change would be
  effective. Upon the compliance with all laws and rules and regulations relating
  thereto, such person will be qualified for the amount and class of work to
  which he/she is entitled. All information furnished the Department shall be
  confidential.
002.01B The financial
  showing required in such statement shall be certified by a public accountant
  holding a currently valid permit from the Nebraska Board of Public Accountancy
  or by any certified public accountant holding a currently valid
  permit.
002.01C The use of a
  "Letter of Credit" as an alternate means of showing financial condition will be
  permitted when the net amount of the "Letter of Credit" does not exceed five
  hundred thousand dollars. The "Letter of Credit" must be from a licensed or
  chartered financial institution. The "Letter of Credit" shall be certified by a
  public accountant holding a currently valid permit from the Nebraska Board of
  Public Accountancy or by any certified public accountant holding a currently
  valid permit.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 409 - NEBRASKA DEPARTMENT OF ROADS - CONSTRUCTION DIVISION › Chapter 1 - Contracts, Proposal Forms, and Qualifications of Bidders for State Highway Work - English (Metric) System Measurements › Section 409-1-003 - BIDS

Current through June 17, 2024
003.01
BID
  REQUIREMENTS
003.01A A proposal
  form for work for which prequalification of bidders is required will be issued
  only to those qualified to bid. A bidder will not be considered as qualified
  for any particular letting if the bidder's qualification will expire on or
  before the date of the letting.
003.01B Bidders submitting two or more bids
  in a total amount exceeding their current qualification by more than 25 percent
  shall submit the same, subject to the limitations of their current
  qualification, plus a tolerance of 25 percent. Nothing in these Rules and
  Regulations shall prevent the Department from rejecting any bid where, in the
  opinion of the Department, other circumstances and developments have changed
  the qualification or responsibility of the bidder.
003.01C If the qualification of the low
  bidder expires before the award of a contract, such contract will not be
  awarded until the qualification of the low bidder has been renewed.
003.01D A proposal form for work for which
  prequalification of bidders is required will be labeled with the name of the
  bidder to whom they are issued and shall not be transferable. Any bid submitted
  by a bidder other than the person or company to whom the proposal form was
  issued shall be void.
003.01E A
  proposal form will not be issued to any bidder later than 5:00 p.m. of the day
  preceding the letting.
003.01F A
  proposal form for any contract for which prequalification of bidders is
  required may be issued, at the discretion of the Department, to two or more
  qualified bidders jointly if the classes of work for which the prospective
  bidders are qualified to perform satisfy, in the aggregate, the qualification
  requirements for the particular contract. Two or more qualified bidders may not
  bid jointly to perform any contract for which prequalification of bidders is
  required unless a proposal form is issued by the Department to those bidders
  jointly for that purpose.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 409 - NEBRASKA DEPARTMENT OF ROADS - CONSTRUCTION DIVISION › Chapter 1 - Contracts, Proposal Forms, and Qualifications of Bidders for State Highway Work - English (Metric) System Measurements › Section 409-1-004 - DISQUALIFICATION OF BIDDERS AND DEBARMENT POLICY AND PROCEDURES

Current through June 17, 2024
004.01
DISQUALIFICATION
Any one or more of the following causes shall be considered as
	 sufficient for the disqualification of a bidder and the rejection of his/her
	 bid or bids:
004.01A More than one bid
  on any one project from an individual, a firm or partnership, a corporation, or
  an association under the same or different names. Reasonable grounds for
  believing that any bidder has interest in more than one bid for the work
  contemplated will cause the rejection of all bids in which such bidder is
  interested.
004.01B
EVIDENCE OF COLLUSION AMONG BIDDERS
Any or all bids
  will be rejected If there is reason for believing that collusion exists among
  the bidders or if the bidder has been found unacceptable to bid due to
  collusion prior to award of the contract. Following conclusive evidence of
  collusion among bidders, participating bidders in such collusion will receive
  no recognition as bidders for any future work of the Department until such
  participants are reinstated as qualified bidders.
004.01C Bids in which the prices are
  obviously unbalanced.
004.01D
BIDS WHICH ARE MATERIALLY UNBALANCED
A bid is
  unbalanced if lump sum prices or unit bid prices do not reflect reasonable
  actual costs and there is a reasonable doubt that the lowest ultimate cost
  under the contract will be achieved.
004.01E Bids which are accompanied by bid
  bonds on forms that are not authorized by the Department or by bid bond forms
  which are incorrectly completed or are incomplete.
004.01F Bids in which the bid signature page
  is incorrectly completed or is incomplete.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 409 - NEBRASKA DEPARTMENT OF ROADS - CONSTRUCTION DIVISION › Chapter 1 - Contracts, Proposal Forms, and Qualifications of Bidders for State Highway Work - English (Metric) System Measurements › Section 409-1-005 - REQUIREMENTS FOR CONTRACT AWARD, CANCELLATION, AND EXECUTION

Current through June 17, 2024
005.01
CONTRACT
  AWARD
The award of the contract will be made in Lincoln, Nebraska, by the
	 Director to the lowest responsible bidder whose bid complies with all the
	 requirements prescribed. The award will not be made until all necessary
	 investigations have been made into the responsibility of the bidder to whom it
	 is proposed to award the contract; but, in any case, the award shall be made
	 within thirty days after the opening of the bids. The right is reserved to
	 limit the work awarded one bidder to the amount that he/she is considered
	 capable of handling, taking into account both his/her capacity to perform work
	 and contracts in force. The successful bidder will be notified by letter,
	 mailed to the address shown on his/her bid, that his/her bid has been accepted
	 and that he/she has been awarded the contract.
005.02
CONSIDERATION OF
  BIDS
005.02A Following the bid
  opening, the Department will compare the responsive bids. Unless otherwise
  defined in the bid, the comparison will be based on the summation of the
  quantities and the unit bid prices shown in the bid schedule. The comparison
  will be available to the public after one working day.
005.02B The right is reserved to reject any
  and all bids and to waive technical errors as may be deemed in the Department's
  best interest.
005.02C The
  Department may consider both tied and untied bids to determine the lowest
  responsible bidder when entire projects have been tied at the option of the
  bidder. When untied bids are not received on all tied projects, the Department
  may award the contract to a bidder submitting the lowest tied bid, regardless
  of whether an untied bid on a single project is lower than the tied bid. The
  Department will act in the best interest of the State when making this
  determination.
005.02D The right is
  reserved to require from any or all bidders on any project, including the
  apparent low bidder, prior to award of the Contract, all documents and
  information used in the preparation of their bids. Failure to furnish the
  documents and information shall result in a period of disqualification that is
  determined by the Director.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 410 - NEBRASKA DEPARTMENT OF ROADS - RIGHT OF WAY DIVISION › Chapter 3 - Sign Permits › Section 410-3-001 - ADVERTISING SIGNS ON HIGHWAYS: STATE HIGHWAY SYSTEM

Current through June 17, 2024
001.01 No permit will be granted by the
  Department of Transportation to erect any private advertising sign upon any
  highway on the State Highway System and any such permit granted prior to
  January 1. 1928. is void.
001.02 No
  permit will be granted by the Department of Transportation to erect markers on
  any highway on the State Highway System designated trails or routes which were
  not marked prior to January 1. 1934. except that this Rule shall not apply to
  the Historical Landmark Commission.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 410 - NEBRASKA DEPARTMENT OF ROADS - RIGHT OF WAY DIVISION › Chapter 4 - Junkyard Permits › Section 410-4-001 - PURPOSE

Current through June 17, 2024
The following Rules and Regulations govern permits for location and
	 maintenance of junkyards within one thousand feet of the Highway Beautification
	 Control System (HBCS) in accordance with the requirements of Chapter 39,
	 Article 26 Neb. Rev. Stat.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 410 - NEBRASKA DEPARTMENT OF ROADS - RIGHT OF WAY DIVISION › Chapter 4 - Junkyard Permits › Section 410-4-002 - DEFINITIONS

Current through June 17, 2024
002.01
AUTOMOBILE
  GRAVEYARD:
Any establishment or place of business which is maintained, operated,
	 or used for storing, keeping, buying or selling wrecked, scrapped, ruined or
	 dismantled motor vehicles or motor vehicle parts.
002.02
DEPARTMENT:
The Department of Roads of the State of Nebraska.
002.03
HIGHWAY:
A road or street, including the entire area within the right of way,
	 which has been designated a part of the state highway system.
002.04
HIGHWAY BEAUTIFICATION
  CONTROL SYSTEM (HBCS):
The National System of Interstate and Defense Highways, the system of
	 federal-aid primary roads as they existed on June 1, 1991, any additional
	 highway or road which is designated as a part of the National Highway System
	 under the federal Intermodal Surface Transportation Efficiency Act of 1991, and
	 scenic byways.
002.05
INDUSTRIAL ACTIVITIES:
Those generally recognized as industrial by zoning authorities within
	 the State, except that none of the following shall be considered industrial
	 activities:
002.05A Outdoor
  advertising structures.
002.05B
  Agricultural, forestry, ranching, grazing, farming, and related activities,
  including, but not limited to, wayside fresh produce stands.
002.05C Activities normally and regularly in
  operation less than three months of the year.
002.05D Temporary activities.
002.05E Activities not visible from the
  traffic lanes of the main-traveled way.
002.05F Activities more than three hundred
  feet from the nearest edge of the main-traveled way.
002.05G Activities conducted in a building
  principally used as a residence.
002.05H Railroad tracks, minor sidings, and
  passenger depots.
002.05I Junkyards
  as defined in Section 002.07.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 410 - NEBRASKA DEPARTMENT OF ROADS - RIGHT OF WAY DIVISION › Chapter 4 - Junkyard Permits › Section 410-4-003 - APPLICATIONS

Current through June 17, 2024
All persons desiring to obtain a permit to operate, locate, or maintain
	 a junkyard in locations described in 005, must make application on the forms
	 furnished by the Department of Roads, Right of Way Division, Lincoln
	 NE.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 410 - NEBRASKA DEPARTMENT OF ROADS - RIGHT OF WAY DIVISION › Chapter 4 - Junkyard Permits › Section 410-4-004 - PERMITS

Current through June 17, 2024
004.01 A permit will be issued if the owner
  or operator has complied with the provisions of Title 410, Chapter 4 -Junkyard
  Permits.
004.02 Permit shall be
  non-transferable.
004.03 Any person
  acquiring an existing junkyard shall make new application for a
  permit.
004.04 The annual fee for
  obtaining such permit shall be fifty dollars.
004.05 The permit shall be renewed January 1
  of each year.
004.06 The applicant,
  if an individual, shall provide their Social Security Number.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 410 - NEBRASKA DEPARTMENT OF ROADS - RIGHT OF WAY DIVISION › Chapter 4 - Junkyard Permits › Section 410-4-005 - LOCATION

Current through June 17, 2024
005.01 Except as provided for in 005.02, no
  person shall locate and maintain a junkyard, any portion of which is within one
  thousand feet of the nearest edge of the right of way of any roadway of the
  HBCS, without obtaining a permit from the Department of Roads.
005.02 Junkyards located in counties which
  have formally adopted a comprehensive development plan and a zoning resolution
  regulating the location of junkyards within one thousand feet of the nearest
  edge of the right of way of any roadway of the HBCS, except those routes which
  consist of the federally designated National system of Interstate and Defense
  Highways, shall be exempt from the permit requirements noted herein.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 410 - NEBRASKA DEPARTMENT OF ROADS - RIGHT OF WAY DIVISION › Chapter 4 - Junkyard Permits › Section 410-4-006 - CONDITIONS

Current through June 17, 2024
006.01 No permit shall be granted for the
  location and maintenance of a junkyard within one thousand feet of the nearest
  edge of the right of way of any roadway of the HBCS except the following:
006.01A Those which are screened by natural
  objects, plantings, fences or other appropriate means so as not to be visible
  from the main-traveled way, or otherwise removed from sight;
006.01B Those located within areas which are
  zoned for industrial use under authority of the law of a municipality or
  county, except those located along any route designated as a scenic
  byway;
006.01C Those located within
  unzoned industrial areas, except those located along any route designated as a
  scenic byway;
006.01D Those which
  are not visible from the main-traveled way.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 410 - NEBRASKA DEPARTMENT OF ROADS - RIGHT OF WAY DIVISION › Chapter 4 - Junkyard Permits › Section 410-4-007 - LEASE REQUIREMENTS

Current through June 17, 2024
The junkyard owner shall not place or cause to be placed a junkyard
	 upon land not owned by such person without first obtaining a written lease from
	 the owner of such land. The junkyard owner shall furnish a copy of this lease
	 to the Department with the application for a junkyard. A lease means an
	 agreement, license, permit, or easement, in writing, by which possession of use
	 of land or interest therein is given for a specific purpose.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 410 - NEBRASKA DEPARTMENT OF ROADS - RIGHT OF WAY DIVISION › Chapter 4 - Junkyard Permits › Section 410-4-008 - ZONING CONFLICTS

Current through June 17, 2024
Nothing in Title 410, Chapter 4 - Junkyard Permits, shall be construed
	 to abrogate or affect the provisions of any lawful ordinance, regulation, or
	 resolution that is more restrictive than Title 410, Chapter 4 - Junkyard
	 Permits. Therefore, applicants shall furnish a copy of the approval from the
	 local zoning authority to establish the junkyard, if applicable. Whenever the
	 local zoning authority has established regulations controlling junkyards that
	 are stricter than the controls set forth herein, then the local regulations
	 will apply.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 410 - NEBRASKA DEPARTMENT OF ROADS - RIGHT OF WAY DIVISION › Chapter 4 - Junkyard Permits › Section 410-4-009 - SCREENING

Current through June 17, 2024
009.01 Location of Screening
009.01A All screening shall be placed on the
  real property of the junkyard. Screening placed next to adjacent private
  property shall have a minimum of two foot setback from the property line unless
  the owner or operator shall submit recorded legal documents showing a right of
  entry upon the adjoining property to maintain the screening.
009.01B All screening, whether of fencing or
  plant material or a combination, shall be located in a manner that will give
  adequate sight distance from all driveways, streets and roads.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 410 - NEBRASKA DEPARTMENT OF ROADS - RIGHT OF WAY DIVISION › Chapter 4 - Junkyard Permits › Section 410-4-010 - FAILURE OF COMPLIANCE

Current through June 17, 2024
010.01 Persons owning, operating or
  maintaining a junkyard and failing to comply with any provision of these Rules
  and Regulations or the terms of the permit to operate a junkyard issued in
  accordance herewith shall have their permit revoked. The junkyard will not be
  eligible for a new permit until such time as the violation of the Rules and
  Regulations and/or terms of the permit have been corrected and approved by the
  Department of Roads and a new application submitted with the annual
  fee.
010.02 The Department of Roads
  may apply to the district court in the county in which such junkyards may be
  located for an injunction to abate such nuisance or for such other relief as
  may be necessary or proper.
010.03
  Any person who shall be found in violation of Title 410, Chapter 4, Junkyard
  Permits shall be guilty of a Class II misdemeanor. Each day's violation shall
  constitute a separate offense.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 410 - NEBRASKA DEPARTMENT OF ROADS - RIGHT OF WAY DIVISION › Chapter 4 - Junkyard Permits › Section 410-4-011 - EXPENDITURE OF FUNDS; LIMITATIONS

Current through June 17, 2024
The Department of Roads shall not expend any funds under Title 410,
	 Chapter 4, unless federal-aid matching funds are available for the purpose
	 described in
	 23 U.S.C.
	 136.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 410 - NEBRASKA DEPARTMENT OF ROADS - RIGHT OF WAY DIVISION › Chapter 5 - Relocation Assistance › Section 410-5-001 - GENERAL

Current through June 17, 2024
001.01
PURPOSE
The purpose of this rule is to implement the Relocation Assistance Act
	 of 1989 as amended, in accordance with the following objectives:
001.01A To ensure that persons displaced as a
  direct result of publicly financed projects are treated fairly, consistently,
  and equitably so that such persons will not suffer disproportionate injuries as
  a result of projects designed for the benefit of the public as a whole;
  and
001.01B To ensure that Agencies
  implement these regulations in a manner that is efficient and cost
  effective.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 410 - NEBRASKA DEPARTMENT OF ROADS - RIGHT OF WAY DIVISION › Chapter 5 - Relocation Assistance › Section 410-5-002 - GENERAL RELOCATION REQUIREMENTS

Current through June 17, 2024
002.01 PURPOSE
This section prescribes general requirements governing the provision of
	 relocation payments and other relocation assistance in this rule
002.02 APPLICABILITY
These requirements apply to the relocation of any displaced person as
	 defined in Section
	 001.02G
002.03 RELOCATION NOTICES
002.03A GENERAL INFORMATION NOTICE As soon as
  feasible, a person scheduled to be displaced shall be furnished with a general
  written description of the displacing agencys relocation program which does at
  least the following:
002.03A1 Informs the
  person that he or she may be displaced for the project and generally describes
  the relocation payment(s) for which the person may be eligible, the basic
  conditions of eligibility, and the procedures for obtaining the payment(s).
002.03A2 Informs the person that
  he or she will be given reasonable relocation advisory services, including
  referrals to replacement properties, help in filing payment claims, and other
  necessary assistance to help the person successfully relocate.
002.03A3 Informs the person that he or she
  will not be required to move without at least 90 days advance written notice
  (see Section
  002.03C), and
  informs any person to be displaced from a dwelling that he or she cannot be
  required to move permanently unless at least one comparable replacement
  dwelling has been made available.
002.03A4 Describes the persons right to
  appeal the Agencys determination as to a persons application for assistance for
  which a person may be eligible under this rule.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 410 - NEBRASKA DEPARTMENT OF ROADS - RIGHT OF WAY DIVISION › Chapter 5 - Relocation Assistance › Section 410-5-003 - PAYMENTS FOR MOVING AND RELATED EXPENSES

Current through June 17, 2024
003.01 PAYMENT FOR ACTUAL REASONABLE MOVING
  AND RELATED EXPENSES - RESIDENTIAL MOVES
Any displaced owner-occupant or tenant of a dwelling who qualifies as a
	 displaced person (defined in section
	 001.02G) is
	 entitled to payment of his or her actual moving and related expenses, as the
	 Agency determines to be reasonable and necessary, including expenses
	 for:
003.01A Transportation of the
  displaced person and personal property. Transportation costs for a distance
  beyond 50 miles are not eligible, unless the Agency determines that relocation
  beyond 50 miles is justified.
003.01B Packing, crating, unpacking, and
  uncrating of the personal property.
003.01C Disconnecting, dismantling, removing,
  reassembling, and reinstalling relocated household appliances, and other
  personal property.
003.01D Storage
  of the personal property for a period not to exceed 12 months, unless the
  Agency determines that a longer period is necessary.
003.01E Insurance for the replacement value
  of the property in connection with the move and necessary storage.
003.01F The replacement value of property
  lost, stolen, or damaged in the process of moving (not through the fault or
  negligence of the displaced person, his or her agent, or employee) where
  insurance covering such loss, theft, or damage is not reasonably available.
003.01G Other moving-related
  expenses that are not listed as ineligible under section 003.05, as the Agency
  determines to be reasonable and necessary.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 410 - NEBRASKA DEPARTMENT OF ROADS - RIGHT OF WAY DIVISION › Chapter 5 - Relocation Assistance › Section 410-5-004 - REPLACEMENT HOUSING PAYMENTS

Current through June 17, 2024
004.01 REPLACEMENT HOUSING PAYMENT FOR
  180-DAY HOMEOWNER-OCCUPANTS
004.01A
  ELIGIBILITY A displaced person is eligible for the replacement housing payment
  for a 180-day homeowner-occupant if the person:
004.01A1 Has actually owned and occupied the
  displacement dwelling for not less than 180 days immediately prior to the
  initiation of negotiations; and
004.01A2 Purchases and occupies a decent,
  safe, and sanitary replacement dwelling within one year after the later of the
  following dates (except that the Agency may extend such one-year period for
  good cause):
004.01A2a The date the person
  receives final payment for the displacement dwelling or, in the case of
  condemnation, the date the full amount of the estimate of just compensation is
  deposited in the court, or
004.01A2b The date the displacing agency's
  obligation under Section 002.04 is met.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 410 - NEBRASKA DEPARTMENT OF ROADS - RIGHT OF WAY DIVISION › Chapter 5 - Relocation Assistance › Section 410-5-005 - MOBILE HOMES

Current through June 17, 2024
005.01 APPLICABILITY
This section describes the requirements governing the provision of
	 relocation payments to a person displaced from a mobile home and/or mobile home
	 site who meets the basic eligibility requirements of this rule. Except as
	 modified by this section, such a displaced person is entitled to a moving
	 expense payment in accordance with Section 003 and a replacement housing
	 payment in accordance with Section 004 to the same extent and subject to the
	 same requirements as persons displaced from conventional
	 dwellings
005.02 MOVING AND
  RELATED EXPENSES - MOBILE HOMES
005.02A A
  homeowner-occupant displaced from a mobile home or mobile homesite is entitled
  to a payment for the cost of moving his or her mobile home on an actual cost
  basis in accordance with Section 003.01. A non-occupant owner of a rented
  mobile home is eligible for actual cost reimbursement under Section 003.03.
  However, if the mobile home is not acquired, but the homeowner-occupant obtains
  a replacement housing payment under one of the circumstances described in
  Section
  005.03A3, the
  owner is not eligible for payment for moving the mobile home, but may be
  eligible for a payment for moving personal property from the mobile home.
005.02B The following rules apply
  to payments for actual moving expenses under Section 003.01;
005.02B1 A displaced mobile homeowner, who
  moves the mobile home to a replacement site, is eligible for the reasonable
  cost of disassembling, moving, and reassembling any attached appurtenances,
  such as porches, decks, skirting, and awnings, which were not acquired,
  anchoring of the unit, and utility "hook-up" charges.
005.02B2 If a mobile home requires repairs
  and/or modifications so that it can be moved and/or made decent, safe, and
  sanitary, and the Agency determines that it would be economically feasible to
  incur the additional expense, the reasonable cost of such repairs and/or
  modifications is reimbursable.
005.02B3 A nonreturnable mobile home park
  entrance fee is reimbursable to the extent it does not exceed the fee at a
  comparable mobile home park, if the person is displaced from a mobile home park
  or the Agency determines that payment of the fee is necessary to effect
  relocation.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 411 - NEBRASKA DEPARTMENT OF TRANSPORTATION - TRAFFIC ENGINEERING DIVISION › Chapter 1 - Manual on Uniform Traffic Control Devices, 2009 Edition › Section 411-1-001 - ADOPTION OF THIS RULE BY THE NEBRASKA DEPARTMENT OF TRANSPORTATION

Current through June 17, 2024
001.01 The Nebraska Department of
  Transportation a by this Rule does adopt the Manual on Uniform Traffic Control
  Devices (MUTCD), 2009 Edition, published by the Federal Highway Administration
  (FHWA) under 23 Code of Federal Regulations (CFR), Part 655, Subpart F, filed
  herewith.
001.02 The Nebraska
  Department of Transportation by this Rule does adopt the List of Known Errors
  In the 2009 MUTCD dated January 12. 2017 and Revision 1 and 2 of the 2009 MUTCD
  dated May 2012 published by the Federal Highway Administration (FHWA), filed
  herewith.
001.03 The Nebraska
  Department of Transportation by this Rule does adopt the Nebraska Supplement to
  the Manual on Uniform Traffic Control Devices, 2019 filed herewith.
001.04 The 2009 Edition of the MUTCD, with
  Revisions 1 and 2 incorporated, the List of Known Errors In the 2009 MUTCD
  dated January 12, 2017 and the Nebraska Supplement may be viewed from the
  following website;
  https://dot.nebraska.gov/media/12109/ne-mutcd-2019.pdf.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 411 - NEBRASKA DEPARTMENT OF TRANSPORTATION - TRAFFIC ENGINEERING DIVISION › Chapter 3 - Release of Blood Alcohol and Drug Information › Section 411-3-001 - REPORTS OF BLOOD ALCOHOL OR DRUG CONCENTRATION RECEIVED BY THE DEPARTMENT OF ROADS UNDER NEB.REV.STAT. 60-6,102 AND 60-6,103 ARE PUBLIC RECORDS AND SHALL BE RELEASED IN ACCORDANCE WITH THE FOLLOWING RULES

Current through June 17, 2024
001.01 AVAILABILITY
Reports of Blood Alcohol and Drug Concentration, on file with the
	 Department, can be viewed at the office of the Accident Records Bureau of the
	 Department of Roads. Certified copies of these reports can be purchased in
	 person or by mail.
001.02
  BUSINESS HOURS
The Accident Records Bureau is open for business from 7:00 a.m. to
	 5:00 p.m. each working day.
001.03 LOCATION
The Accident Records Bureau is located in the Department of Roads
	 Central Complex in Lincoln, Nebraska. The mailing address is:
Accident Records Bureau
Traffic Engineering Division
Nebraska Department of Roads
1500 Nebraska Highway 2
P.O. Box 94669
Lincoln, Nebraska 68509-4669
001.04 FEES
A certified copy of the Blood Alcohol and Drug Report will be available
	 at a cost of four dollars ($ 4.00). Cash, check or money orders will be
	 accepted from those appearing in person in the Accident Records Bureau. Checks
	 or money orders made out to the Accident Records Bureau are preferred with mail
	 orders. Payment must be made prior to certified copies being provided. Fees
	 will be charged for each document requested.
001.05 PUBLIC RECORD
Because this information is a public record, anyone appearing within
	 the Accident Records Bureau office may view the document at no cost. Fees will
	 be charged only for certified copies of the document.
001.06 REQUIRED INFORMATION
The individuals name, the approximate date of the accident, and the
	 county in which the accident occurred is necessary for the document to be
	 located.
001.07 OTHER
  SEARCH REQUESTS
Requests for searches of Blood Alcohol or Drug information which may
	 lead to the discovery of multiple documents will be processed as follows:
001.07A The requestor shall provide
  to the Department a specific description of the information being
  requested.
001.07B The State will
  estimate the cost of employee time necessary to program and locate documents
  which will satisfy the request.
001.07C The State will notify the requestor
  of the estimated cost to search for the information.
001.07D Upon receipt of the estimated amount,
  the State will search its records for the information.
001.07E The requestor may examine all
  documents retrieved during the search and certified copies of any or all of the
  retrieved documents can be made at $ 4.00 for each document.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 411 - NEBRASKA DEPARTMENT OF TRANSPORTATION - TRAFFIC ENGINEERING DIVISION › Chapter 4 - Specific Informational and Business (Logo) Signs › Section 411-4-001 - GENERAL

Current through June 17, 2024
These Rules and Regulations are set forth to adopt the requirements of
	 Neb.Rev.Stat., §§
									39-204
	 through
	 39-206
	 and the federal requirements governing the erection and maintenance of Specific
	 Informational and Business (Logo) signs within the right-of-way of the
	 Interstate and primary highway systems in the State of Nebraska. The
	 requirements set forth by the Federal Highway Administration when authorizing
	 the installation of Specific Informational and Business (Logo) signs within the
	 public right-of-way are to provide a service to the traveling public and not to
	 provide an advertising medium for businesses. Limitations are placed on the
	 number of businesses that can be identified and posted and the number of miles
	 a motorist must travel to find the posted services. All references to Nebraska
	 Revised Statutes refer to the most recently published Reissue or
	 Supplement.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 411 - NEBRASKA DEPARTMENT OF TRANSPORTATION - TRAFFIC ENGINEERING DIVISION › Chapter 4 - Specific Informational and Business (Logo) Signs › Section 411-4-002 - DEFINITIONS

Current through June 17, 2024
For the purpose of these Rules and Regulations the following
	 definitions are provided:
002.01 Agent
"Agent" shall mean a person, corporation, or business that enters into
	 a contract with the Department of Roads for the purpose of operating the
	 Specific Informational and Business (Logo) Sign Program.
002.02 Annual Business Sign Fee
"Annual Business Sign Fee" shall mean the fair market rental value of
	 the sign site and any cost associated with the fabrication, erection,
	 maintenance or servicing of Specific Informational and Business (Logo)
	 signs.
002.03 Business
  (Logo) Sign
"Business (Logo) Sign" shall mean a Type "A" sign that displays the
	 name, brand or trademark of a qualified business or attraction, and is attached
	 to a Specific Informational sign.
002.04 Combination Signs
"Combination Signs" shall mean Specific Informational signs displaying
	 availability of two types of services. Combination signs may be erected only in
	 remote rural areas, where no more than two qualified businesses are available
	 or will become available within two years, for each of two or more types of
	 services.
002.05 Department
"Department" shall mean the Nebraska Department of Roads.
002.06 District Office
"District Office" shall mean the headquarters for any one of the eight
	 geographical subdivisions of the Nebraska Department of Roads.
002.07 Expressway
"Expressway" shall mean a divided arterial highway for through traffic
	 with full or partial control of access and generally with grade separations at
	 intersections.
002.07A Expressways are
  subdivided as follows:
002.07A1 Category 1 -
  Expressways with at-grade intersections only.
002.07A2 Category 2 - Expressways with
  at-grade intersections located between interchanges on expressways.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 411 - NEBRASKA DEPARTMENT OF TRANSPORTATION - TRAFFIC ENGINEERING DIVISION › Chapter 4 - Specific Informational and Business (Logo) Signs › Section 411-4-003 - ELIGIBILITY REQUIREMENTS

Current through June 17, 2024
003.01 The eligibility requirements are
  applicable to all Type A and Type B Signs erected.
003.02 Qualified businesses must provide the
  Department or the Agent with a written assurance of conformity with all Federal
  and State laws concerning the provisions of public accommodations without
  regard to race, religion, color, age, sex or national origin, and laws
  concerning the licensing and approval of service facilities.
003.03 Any facility that provides gas, food,
  lodging, camping or is an attraction that has erected an advertising sign that
  does not comply with the requirements of Neb.Rev.Stat. §§
									39-213
  through
  39-226
  and the Rules and Regulations, Title 410, Chapter 3, Section 002, Control of
  Advertising in Areas Adjacent to the Highway Beautification Control System,
  shall not be eligible to be identified on any of the Business (Logo) signs
  until all illegal signs are removed or brought into conformity with the
  law.
003.04 SERVICES PROVIDED
- In order to be a qualified business, the business must provide one or
	 more of the following services: gas, food, lodging, camping or
	 attraction.
003.04A Such business must
  also meet the following criteria:
003.04A1
  Gas-diesel vehicle service stations shall:
003.04A1a Provide fuel, oil and
  water.
003.04A1b Provide modern
  restroom facilities and drinking water.
003.04A1c Provide a telephone available for
  public use.
003.04A1d Be in
  continuous operation at least 16 hours per day, seven days per week, on the
  Interstate or freeway; and at least 12 hours per day, seven days per week, on
  Primary Highways.