reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Reimbursement for Costs of Relocating Facilities › Section 408.363 - Materials recovered: Credit to project; sale

Current through June 11, 2024
1.
				Materials recovered from temporary use and accepted for reuse by the utility
				must be credited to the project at prices charged to the project, less the loss
				in service life not to exceed 10 percent of the prices charged to the
				project.
2. Materials recovered
				from a permanent facility of the utility which are accepted by the utility for
				return to stock must be credited to the project at the depreciated stock price
				for those materials at the time the materials are returned to stock.
3. Materials recovered which are not accepted
				for reuse by the utility, if determined by the Department to have a net sale
				value, must be sold to the highest bidder by the Department or the utility
				after inspection and solicitation for bids. If the utility conducts the sale,
				it must obtain the prior written approval of the Department.
4. The net proceeds from the disposal of
				salvaged materials must be credited to the project. If the utility uses a
				system of periodic disposal by sale, credit to the project must be at the
				prevailing prices as indicated by the records of the utility.
5. If no market exists upon which to base
				current stock prices for used specialized equipment or materials, the utility
				may dispose of the equipment or materials by direct sale if it demonstrates
				that the sale:
(a) Complies with its
				established practices;
(b) Yields a
				greater value credit to the project than would likely be achieved by the
				disposal at a public auction or through the solicitation of bids; and
(c) Is an arms-length transaction between
				nonaffiliated persons.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Reimbursement for Costs of Relocating Facilities › Section 408.367 - Approval of reimbursement for total cost of removal of facility; abandonment of facility

Current through June 11, 2024
The Department may approve reimbursement to the utility for
				  the total cost of the removal of a utility's facility if the removal is
				  required by the project or the existing facility cannot be abandoned in place
				  for aesthetic or safety reasons. If the utility abandons the facility in place
				  and removes and recovers the materials, the Department will not reimburse the
				  utility for the costs of removal which are greater than the salvage value of
				  the materials.
Added to NAC by Dep't
				  of Transportation, eff. 1-6-95
NRS
					 408.215,
					 408.407
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Reimbursement for Costs of Relocating Facilities › Section 408.369 - Direct costs of handling and loading materials and supplies

Current through June 11, 2024
1. The direct costs to:
(a) Handle and load materials and supplies at
				the utility's stores or material yards; and
(b) Handle and unload the recovered materials
				accepted by the utility at its stores or material yards, are
				reimbursable.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Reimbursement for Costs of Relocating Facilities › Section 408.371 - Costs of operation, minor maintenance and depreciation of equipment; rental of equipment

Current through June 11, 2024
1. The average or
				actual costs of operation, minor maintenance and depreciation of equipment
				owned by the utility are reimbursable. If equipment which is owned by the
				utility is not available, the utility is entitled to receive reimbursement for
				the money paid to rent the equipment from the lowest qualified bidder or to
				obtain the equipment pursuant to existing continuing contracts at reasonable
				rates.
2. If the rental of
				equipment by competitive bidding or pursuant to a continuing contract is
				impractical because of the location or schedule of the project, the utility may
				obtain the rental equipment without bidding or a continuing contract if the
				money paid for the rental of the equipment does not exceed the prevailing rates
				for that rental equipment in the area.
Added to NAC by Dep't
				  of Transportation, eff. 1-6-95
NRS
					 408.215,
					 408.407
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Reimbursement for Costs of Relocating Facilities › Section 408.373 - Cost for transportation and subsistence of employees; cost for movement of materials, supplies and equipment

Current through June 11, 2024
1. The utility's
				cost for the transportation and subsistence of employees which is directly
				attributable to the project is reimbursable.
2. The reasonable cost for the movement of
				materials, supplies and equipment to the project and the return to storage,
				including the cost of loading and unloading the equipment, is
				reimbursable.
Added to NAC by Dep't
				  of Transportation, eff. 1-6-95
NRS
					 408.215,
					 408.407
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Reimbursement for Costs of Relocating Facilities › Section 408.377 - Allowance credits for betterments to facility

Current through June 11, 2024
1. The
				cost of any voluntary betterment to a facility which is replaced or adjusted
				and the net salvage value of any materials recovered must be credited to the
				project.
2. The accrued
				depreciation of the replacement of a utility's facility including a building,
				pumping station, filtration plant, power plant, substation or any other similar
				operational unit, must be credited to the project. Credit for accrued
				depreciation is not required for the replacement of a part of a utility's
				service, distribution or transmission lines.
3. Credit for a betterment is not required
				for an addition or improvement which:
(a) Is
				required by the project.
(b)
				Replaces a device or material which equals the requirements of the device or
				material which is replaced.
(c)
				Replaces a device or material which is not regularly manufactured with a device
				or material of the next highest grade or size available.
(d) Is required by law.
(e) Is required by the design practices
				regularly used by the utility in its work and which provides a direct benefit
				to the project.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Reimbursement for Costs of Relocating Facilities › Section 408.379 - Billings

Current through June 11, 2024
1. After an agreement between the Department
				and a utility has been executed and the Department authorizes the utility to
				begin work, the utility may be reimbursed by the Department pursuant to
				progress billings for the costs the utility incurs. The cost of materials
				stored at the site of the project or specifically purchased and delivered to
				the utility for use on the project may be reimbursed pursuant to the progress
				billings.
2. The utility may
				provide progress billings to the Department and shall, at the earliest
				practicable date, provide a final and complete billing of all remaining costs
				incurred or the lump-sum amount which is due.
3. Each billing must:
(a) Include the number of the agreement;
				and
(b) Indicate whether it is a
				progress billing or final billing.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › General Requirements for Design and Location › Section 408.403 - Facility or encroachment upon state highway or right-of-way for state highway: Authorization required; extent of authorization

Current through June 11, 2024
1. Each facility or encroachment upon a state
				highway or right-of-way for a state highway must be authorized pursuant to a
				permit to occupy or use the right-of-way unless the occupancy was established
				before the highway became a state highway.
2. Except as otherwise provided in NRS
				408.442, if the Department does not have a fee interest in the property upon
				which the state highway or right-of-way is located, the owner of the facility
				or other encroachment upon the state highway or right-of-way must obtain an
				occupancy permit and the consent of the owner of the property upon which the
				state highway or right-of-way is located.
3. The Department will allow the joint use of
				state highways or rights-of-way for state highways if essential service to the
				general public is provided and joint use can be accommodated within the state
				highway or right-of-way without substantially affecting the operation, safety,
				maintenance or aesthetics of the state highway.
4. The Department will perpetuate the
				existing rights of a utility which is required to relocate a facility because
				or in accommodation of a project of the Department if the utility had a prior
				compensable interest in the property.
5. An occupancy permit issued by the
				Department authorizes the permittee to occupy the state highway or right-of-way
				only to the extent of the interest therein of the State of Nevada and the
				Department, and the occupancy permit does not confer upon the permittee any
				rights to or interest in the underlying fee or other property interests therein
				of another person, if any.
Added to NAC by Dep't
				  of Transportation, eff. 1-6-95; A by R082-01,
				  11-1-2001
NRS
					 408.215,
					 408.423
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › General Requirements for Design and Location › Section 408.407 - Transverse crossing and longitudinal encroachment of state highway: Requirements

Current through June 11, 2024
1. The Department
				may allow the transverse crossing and longitudinal encroachment of a state
				highway by a line of a private utility if the length of the crossing or
				encroachment is less than 1/2 mile (0.8 kilometer). A longitudinal encroachment
				of a state highway by a line of a private utility if the length of the crossing
				or encroachment is more than 1/2 mile (0.8 kilometer) must be proven by the
				owner of the utility to be in the public interest. The Department will allow
				such an encroachment if the private line provides service to the general public
				or a significant segment thereof.
2. The owner of a private utility who wishes
				to place a longitudinal encroachment which is more than 1/2-mile (0.8
				kilometer) long in the right-of-way of a state highway must file an application
				with the Department. The application must include:
(a) The service which will be provided by the
				utility;
(b) The specific market or
				segment of the public which will be served;
(c) The location or distribution of the
				segment of the public which will be served;
(d) The basis for marketing the commodity or
				service conveyed; and
(e) Any
				economic benefits which will accrue to this state or the residents of this
				state if the application is approved.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › General Requirements for Design and Location › Section 408.409 - Longitudinal installation of facility upon state highway or right-of-way of state highway; adoption by reference of publications for placement of facilities; restoration of appurtenances and natural features

Current through June 11, 2024
1. A
				longitudinal installation of a utility's facility upon a state highway or
				right-of-way of a state highway must be made as far from the traveled way as
				possible.
2. The Department hereby
				adopts by reference:
(a)
A Guide for
				Accommodating Utilities Within Highway Right-of-Way
, 1994 edition, and
				any subsequent edition issued by the American Association of State Highway and
				Transportation Officials, which has been approved by the Department for use in
				this state. Each new edition shall be deemed approved by the Department unless
				the edition is disapproved by the Department within 60 days after the date of
				publication by the American Association of State Highway and Transportation
				Officials. The Department will review each edition issued after the 1994
				edition to ensure its suitability for this state. The most recent edition that
				has been approved by the Department may be obtained from the Department of
				Transportation, 1263 South Stewart Street, Carson City, Nevada 89712, for the
				price of $6.
(b) The
Roadside Design Guide
, 1996 edition, and any subsequent
				edition issued by the American Association of State Highway and Transportation
				Officials, which has been approved by the Department for use in this state.
				Each new edition shall be deemed approved by the Department unless the edition
				is disapproved by the Department within 60 days after the date of publication
				by the American Association of State Highway and Transportation Officials. The
				Department will review each edition issued after the 1996 edition to ensure its
				suitability for this state. The most recent edition that has been approved by
				the Department may be obtained from the Department of Transportation, 1263
				South Stewart Street, Carson City, Nevada 89712, for the price of
				$55.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › General Requirements for Design and Location › Section 408.411 - Adoption by reference of publications for construction upon state highway or within right-of-way for state highway; conditions for approval of longitudinal installation of facility

Current through June 11, 2024
1. The Department
				hereby adopts by reference the
Manual on Uniform Traffic Control
				Devices
, 1988 edition, and any subsequent edition issued by the
				Federal Highway Administration of the United States Department of
				Transportation which has been approved by the Department for use in this state.
				Each new edition shall be deemed approved by the Department within 60 days
				after the date of publication by the Federal Highway Administration. The
				Department will review each edition issued after the 1988 edition to ensure its
				suitability for this state. The most recent edition that has been approved by
				the Department may be obtained from the Department of Transportation, 1263
				South Stewart Street, Carson City, Nevada 89712, for the price of
				$57.
2. All construction upon a
				state highway or within a right-of-way for a state highway must comply with the
				requirements set forth in the
Manual on Uniform Traffic Control
				Devices
, adopted by reference pursuant to subsection 1.
3. The Department may approve a longitudinal
				installation of a utility's facility upon the part of a freeway where access is
				controlled if:
(a) The placement of the
				facility outside that part of the freeway where access is controlled would
				damage or disrupt wetlands or remove agricultural lands used for the production
				of crops, or if no practical alternative is available and the right-of-way for
				the highway upon which the facility is located is not expected to be used for
				expansion of the highway; or
(b) A
				private right-of-way is not available or the cost of construction of a private
				right-of-way would be prohibitively expensive.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › General Requirements for Design and Location › Section 408.413 - Control of traffic

Current through June 11, 2024
1. Adequate warning
				signs and devices to control traffic must be installed along the highway and in
				the areas where construction or maintenance of the encroachment is performed in
				accordance with the
Manual on Uniform Traffic Control Devices
,
				adopted by reference pursuant to subsection 1 of NAC 408.411.
2. If the flow of traffic will be disrupted
				or other conditions at the site require, the utility shall submit a written
				plan for controlling traffic to the Department for approval by the district
				engineer before any work may begin upon the right-of-way of the
				highway.
Added to NAC by Dep't
				  of Transportation, eff. 1-6-95; A by R135-98,
				  10-3-2000
NRS
					 408.215,
					 408.423
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › General Requirements for Design and Location › Section 408.417 - Determination of likelihood of accident or injury of facility; ranking of work concerning improvement of safe operation of facility

Current through June 11, 2024
1. If the Department or utility determines
				that the utility's facility is likely to be associated with injury or accident
				to the users of the highway, as indicated by safety studies or the history of
				accidents, the Department will, after consulting with the utility, require it
				to make certain changes to reduce the probability of injury or accident. The
				changes required by the Department may include changes to the highway or the
				utility's facility.
2. The
				Department will rank all work concerning the improvement of the safe operation
				of a facility in order of priority in relation to other programs concerning
				highway safety in such a manner as to ensure the greatest benefit for the least
				cost.
Added to NAC by Dep't
				  of Transportation, eff. 1-6-95
NRS
					 408.215,
					 408.423
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › General Requirements for Design and Location › Section 408.419 - Conditions for installation of facilities traversing or adjacent to areas of scenic or natural beauty

Current through June 11, 2024
1. Except as
				otherwise provided in subsection 2, the Department will not approve the
				installation of a utility's facility within the right-of-way of a state highway
				which traverses or is adjacent to areas of scenic or natural beauty, including
				public park and recreation lands, wildlife and waterfowl refuges, historic
				sites as described in
				23 U.S.C. §
										138, scenic strips, overlooks, rest areas or
				landscaped areas.
2. The Department
				may approve the installation of a utility's facility within the right-of-way of
				a state highway described in subsection 1 if the underground or aerial
				installations do not require extensive removal or alteration of trees or
				terrain features visible to the users of the highway or impair the aesthetic
				quality of the area being traversed.
Added to NAC by Dep't
				  of Transportation, eff. 1-6-95
NRS
					 408.215,
					 408.423
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Occupancy Permits › Section 408.427 - Application; approval of local government

Current through June 11, 2024
1. An
				application for an occupancy permit to place a facility or other encroachment
				on a state highway or within a right-of-way of a state highway must include:
(a) The highway alignment, including the
				centerline and right-of-way lines, mileposts and highway engineering stationing
				in relation to the proposed facility or other encroachment;
(b) Color coding, with a legend which
				indicates:
(1) The facility to be installed in
				red;
(2) The facility to be
				removed, abandoned or adjusted in green; and
(3) The location of each existing facility in
				blue;
(c) Directional
				orientation, including arrows pointing north and tangent bearings which are
				drawn to engineering or architectural scale;
(d) The widths, boundaries, property lines
				and significant topographic features of the right-of-way of the
				highway;
(e) Profile or
				cross-section drawings indicating the proposed overhead or underground utility
				or drainage installations in relation to the highway;
(f) The location of any existing facility if
				any change, extension or addition to the existing facility is proposed;
				and
(g) A map of the area where the
				proposed facility or encroachment will be located.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Occupancy Permits › Section 408.431 - Request for permit for landscaping

Current through June 11, 2024
1. Landscaping
				within a right-of-way of a highway may be allowed pursuant to the provisions of
				an occupancy permit if the permit is submitted only for landscaping or if the
				landscaping is requested in connection with the required development of the
				site, including approaches, curbs, gutters and sidewalks.
2. Each request for a permit for landscaping
				must contain specific plans for the landscaping, including:
(a) The type of plants and the botanical name
				of each species;
(b) The type of
				planters;
(c) The type of system
				for irrigation; and
(d) The method
				for grading the landscape.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Occupancy Permits › Section 408.433 - Shelters or benches: Requirements

Current through June 11, 2024
1. Shelters or
				benches used by persons waiting for public buses placed by or pursuant to the
				authority of a local government or public transportation authority may be
				placed within the right-of-way of a state highway pursuant to an occupancy
				permit:
(a) Granted for each shelter or bench;
				or
(b) Which includes the
				jurisdictional area of the local government or public transportation authority.
The permit must be issued to the local government or public
				  transportation authority even if the shelter or bench is placed and owned by a
				  private contractor or provider.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Occupancy Permits › Section 408.437 - Requirements for performance or cash bond

Current through June 11, 2024
1. The district
				engineer may require a performance or cash bond in an amount equal to 110
				percent of the estimate of the district engineer for the costs of the
				improvements authorized pursuant to an occupancy permit to ensure the
				successful and timely completion of the improvements.
2. The district engineer shall, in
				determining whether a bond is necessary, consider:
(a) The experience of the Department with the
				holder of the permit;
(b) The
				potential disruption to the maintenance or operation of the highway if the
				placement of the authorized improvements is approved; and
(c) The potential for increased hazards to
				the users of the highway if the proposed improvement is not placed in a timely
				manner or is placed in a manner inconsistent with the provisions of the
				permit.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Telecommunications Facilities › Section 408.438 - Definitions

Current through June 11, 2024
As used in NAC to 408.4424, inclusive, unless the context
				  otherwise requires, the words and terms defined in NAC2, 408.4384 and 408.4386
				  have the meanings ascribed to them in those sections.
Added to NAC by Dep't
				  of Transportation by R082-01, eff. 11-1-2001
NRS
					 408.215,
					 408.423
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Telecommunications Facilities › Section 408.4382 - "Community antenna television company" defined

Current through June 11, 2024
"Community antenna television company" has the meaning
				  ascribed to it in
				  NRS
				  711.030.
Added to NAC by Dep't
				  of Transportation by R082-01, eff. 11-1-2001
NRS
					 408.215,
					 408.423
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Telecommunications Facilities › Section 408.4383 - "Provider of telecommunications" defined

Current through June 11, 2024
"Provider of telecommunications" means any entity which
				  provides telecommunications service for public use, and includes a
				  telecommunications provider as that term is defined in
				  NRS
				  408.55017.
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 › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Telecommunications Facilities › Section 408.4384 - "Right-of-way" defined

Current through June 11, 2024
"Right-of-way" means the longitudinal right-of-way along,
				  under or above a state or federal highway that:
1. Is not vacated, abandoned, relinquished or
				otherwise disposed of; or
2. The
				Department has determined is not likely to be disposed of, in accordance with
				the provisions of
				NRS
				408.523,
				408.527
				or
				408.533.
Added to NAC by Dep't
				  of Transportation by R082-01, eff. 11-1-2001
NRS
					 408.215,
					 408.423
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Telecommunications Facilities › Section 408.4386 - "Telecommunications facility" defined

Current through June 11, 2024
"Telecommunications facility" means any line, fiber, wire,
				  conduit, interduct, access manhole, handhole, tower, pedestal, pole, box,
				  transmitting equipment, receiving equipment, power equipment, system or device
				  of a provider of telecommunications or a community antenna television company
				  that is used to transmit, receive, produce or distribute a wireless, wireline,
				  electronic or optical signal for communication.
Added to NAC by Dep't
				  of Transportation by R082-01, eff. 11-1-2001
NRS
					 408.215,
					 408.423
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Telecommunications Facilities › Section 408.4388 - Policy for accommodating facilities along highway rights-of-way

Current through June 11, 2024
It is the policy of the Department in managing its
				  rights-of-way to accommodate telecommunications facilities along highway
				  rights-of-way in accordance with the Telecommunications Act of 1996,
				  Public Law
				  104-104, 110 Stat. 56-161, when such use and
				  occupancy of the state highway or highway right-of-way do not adversely impact
				  highway or traffic safety, or otherwise impair unreasonably the state highway,
				  or its aesthetic quality, and do not conflict with federal, state and local
				  laws and regulations, including any rights of underlying property owners that
				  granted easements to the Department.
Added to NAC by Dep't
				  of Transportation by R082-01, eff. 11-1-2001
NRS
					 408.215,
					 408.423
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Telecommunications Facilities › Section 408.4391 - Exemption from certain provisions

Current through June 11, 2024
A provider of telecommunications or a community antenna
				  television company that applies for an occupancy permit pursuant to NAC 408.438
				  to 408.4424, inclusive, is not required to comply with the provisions of NAC
				  408.429 to 408.437, inclusive, and 408.527 to 408.557, inclusive.
Added to NAC by Dep't
				  of Transportation by R082-01, eff. 11-1-2001
NRS
					 408.215,
					 408.423
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Telecommunications Facilities › Section 408.4392 - Underground installation required; exception

Current through June 11, 2024
A telecommunications facility must be installed underground
				  on a state highway or right-of-way unless the Department determines that an
				  overhead installation is appropriate. In determining whether to authorize an
				  overhead installation, the Department will consider public health and safety
				  and the factors set forth in NAC 408.467.
Added to NAC by Dep't
				  of Transportation by R082-01, eff. 11-1-2001
NRS
					 408.215,
					 408.423
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Telecommunications Facilities › Section 408.4394 - Limitation on trenching, plowing or boring; exceptions; no limitation on number of applications

Current through June 11, 2024
1. Except as
				otherwise provided in subsection 2, to minimize adverse impacts to the state
				highway or highway rights-of-way, and related highway facilities and pavement
				structures, and to avoid a significant compromise of the safe, efficient and
				convenient use of the state highway system for the traveling public, the
				Department may limit the number of trenches, plowings or borings in a section
				of a state highway or right-of-way for the installation of a telecommunications
				facility to once every 5 years.
2.
				The Department may, at any time, and shall, once every 18 months, grant an
				exception to the limitation set forth in subsection 1 if the trenching, plowing
				or boring is:
(a) The only practicable method
				of installing or constructing the telecommunications facility; and
(b) Required to carry out the obligations of
				the provider of telecommunications or community antenna television company to
				serve its customers pursuant to federal, state or local law or a franchise
				agreement with a local government.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Telecommunications Facilities › Section 408.4396 - Minimum depth of installation

Current through June 11, 2024
1. Except as
				otherwise provided in subsection 2, the minimum depth for the installation of a
				new direct telecommunications line or conduit is 36 inches, except that the
				minimum depth may be 42 inches if necessary to comply with the design
				requirements of the Department. The Department may require a minimum depth of
				more than 42 inches if it determines it is necessary for the installation of a
				telecommunications line.
2. The
				Department may allow a minimum depth of less than 36 inches if the director
				determines that the installation is desirable but achieving a depth of 36
				inches is not practicable.
Added to NAC by Dep't
				  of Transportation by R082-01, eff. 11-1-2001
NRS
					 408.215,
					 408.423
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Telecommunications Facilities › Section 408.4398 - Occupancy permit: Contents of application; provision for additional information; evidence of approval

Current through June 11, 2024
1. Except as
				otherwise provided in NAC 408.403, a provider of telecommunications or
				community antenna television company that applies for an occupancy permit must
				provide to the Department:
(a) The information
				required by the provisions of subsection 6 of NAC 408.411, NAC 408.413 and
				408.427, and subsection 3 of NAC 408.523.
(b) Four sets of detailed plans, drawings or
				maps.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Telecommunications Facilities › Section 408.4401 - Publication of notice of application: Required under certain circumstances; written responses; copies to Department

Current through June 11, 2024
1. Upon
				receipt of an application for an occupancy permit, the Department will
				determine whether the provider of telecommunications or the community antenna
				television company will be required to cause to be published a notice of the
				application to allow other providers of telecommunications and community
				antenna television companies an opportunity to install telecommunications
				facilities in the same section of the state highway or right-of-way.
2. The Department may require such notice if:
(a) The facility will be located on a section
				of a state highway or right-of-way where access is controlled or the facility
				will occupy at least 1 mile in length of the state highway or state highway
				right-of-way; and
(b) The
				Department determines that the installation or construction of a
				telecommunications facility after the construction or installation of the
				facility for which the occupancy permit is requested will be limited or
				prohibited because the state highway or right-of-way will not be able to
				accommodate the additional facility because of physical limitations, safety or
				other factors relating to the state highway or right-of-way.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Telecommunications Facilities › Section 408.4402 - Approval or denial of application; written notice of reasons for denial; report concerning status of application; periods for review by Department to assure compliance with applicable provisions

Current through June 11, 2024
1. Except as
				otherwise provided in subsection 2, the Department will approve or deny an
				application for an occupancy permit in writing within 90 days after it receives
				a substantially completed application. If the Department denies the application
				for an occupancy permit, the Department will send a written notice to the
				provider of telecommunications or community antenna television company that
				sets forth the reasons for the denial.
2. The Department will provide to the
				provider of telecommunications or community antenna television company a
				written report concerning the status of its application within 45 days after it
				receives the application. If the telecommunications facility is a significant
				project, the Department will, in lieu of approving or denying the application
				within 90 days, provide to the provider or company a written report concerning
				the status of its application within 90 days after the Department receives the
				application, and include a statement that the Department will require
				additional time to complete the review of the application. The Department will
				extend the periods for review prescribed by this section if additional
				information is required.
3. In
				determining whether or not to grant an occupancy permit, the Department will
				review the application to assure compliance with all applicable provisions of:
(a) NAC
				408.403 to
				408.419, inclusive;
(b) NAC
				408.447 to
				408.459, inclusive;
(c) NAC
				408.467 and
				408.469;
(d) NAC
				408.438 to
				408.4424, inclusive;
(e)
										NRS 408.5501 to
				408.55029, inclusive,
				and sections 3 to 9, inclusive, of this regulation;
(f) Any applicable federal or state laws,
				including obtaining any required approvals from federal agencies or state
				agencies, other than the Department;
(g) Any required approvals by local
				governments, which may include a public hearing process for a
				telecommunications facility that is more than 8 feet in height; and
(h) Applicable Department standards relating
				to underground and overhead utilities.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Telecommunications Facilities › Section 408.4404 - Surety bond requirement; factors in determination

Current through June 11, 2024
1.
				Except as otherwise provided in this subsection, if the Department approves an
				application for an occupancy permit, it may require the provider of
				telecommunications or community antenna television company to obtain a surety
				bond in the amount of $100,000. The Department may require the provider or
				company to obtain a surety bond of more than $100,000, but less than
				$2,000,000, for a telecommunications facility of significant length.
2. The Department will, in determining
				whether a surety bond is required, consider:
(a) The experience of the Department with the
				provider of telecommunications or community antenna television
				company;
(b) The possibility of
				disrupting the maintenance and operation of the state highway or right-of-way
				if the telecommunications facility is installed;
(c) The potential damage to the highway
				system; and
(d) The potential
				increase in hazards to the users of the state highway or right-of-way if the
				proposed telecommunications facility is not installed in a timely manner or is
				installed in a manner that does not comply with the requirements set forth in
				the occupancy permit.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Telecommunications Facilities › Section 408.4406 - Annual occupancy permit: Application; issuance or renewal; limitations; surety bond requirement

Current through June 11, 2024
1. The Department
				may, upon request, issue an annual occupancy permit to a provider of
				telecommunications or a community antenna television company that wishes to
				install more than one telecommunications facility or change more than one
				telecommunications facility, or any combination thereof, within 1 year if the
				portion of the telecommunications facility located on a state highway or
				right-of-way is less than one-half mile in length. Except as otherwise provided
				in
				NRS 408.5501 to
				408.55029, inclusive,
				and sections 3 to 9, inclusive, of this regulation, the Department will not
				issue an annual occupancy permit for an interstate highway or highway where
				access is controlled, or where the installation or change is one-half mile or
				more in length.
2. If a provider of
				telecommunications or a community antenna television company applies for an
				annual occupancy permit, the provider or company must obtain an annual
				occupancy permit for each highway district in which the telecommunications
				facility will be installed or changed. The provider or company must submit a
				completed application to the district office of the Department in each district
				for which an annual occupancy permit is requested not later than January 15 of
				each year. The Department will issue or renew or refuse to issue or renew an
				annual occupancy permit not later than March 15 of each year. Except as
				otherwise provided in an agreement entered into with the Department pursuant to
				NRS
				408.5502, an annual occupancy permit is valid
				until March 15 of the following year.
3. The district office of the Department may
				limit the application of the annual occupancy permit to certain state highways
				or rights-of-way or sections of those state highways or
				rights-of-way.
4. The Department
				may require the provider of telecommunications or community antenna television
				company to obtain a surety bond in the amount of $200,000 for each annual
				occupancy permit that is issued to the provider or company by the
				Department.
Added to NAC by Dep't
				  of Transportation by R082-01, eff. 11-1-2001; A by
				  R155-18A,
				  eff. 12/17/2019
NRS
				  408.423,
				  408.55029
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Telecommunications Facilities › Section 408.4408 - Annual occupancy permit: Duties of provider of telecommunications or community antenna television company; authority of district office; grounds for revocation

Current through June 11, 2024
1. If an annual
				occupancy permit is issued by the Department pursuant to NAC
				408.4406, the provider of
				telecommunications or community antenna television company shall:
(a) Notify the district office of the
				Department not less than 5 working days before work on the telecommunications
				facility begins; and
(b) Submit to
				the district office of the Department:
(1)
				Plans indicating the location of the telecommunications facility, including the
				elevation and alignment of the facility;
(2) A schedule for the completion of the
				installation of or change to the telecommunications facility; and
(3) A plan for controlling traffic pursuant
				to NAC 408.413.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Telecommunications Facilities › Section 408.4411 - Change to facility: Documentation; fee

Current through June 11, 2024
1. If a
				provider of telecommunications or a community antenna television company wishes
				to change a telecommunications facility for which an occupancy permit has been
				issued by the Department, the provider or company shall provide to the district
				office of the Department not less than 5 working days before work on the
				facility begins:
(a) A written description of
				the proposed changes to the facility;
(b) A written explanation of the manner in
				which the changes to the facility relate to the original occupancy permit
				issued by the Department;
(c) A
				plan that indicates the location of and changes to the facility;
(d) A schedule for the completion of the
				changes to the facility; and
(e) A
				plan for controlling traffic pursuant to NAC 408.413.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Telecommunications Facilities › Section 408.4412 - Performance of inspections and repairs

Current through June 11, 2024
Except as otherwise provided in sections 3 to 9, inclusive,
				  of this regulation, or an agreement entered into with the Department pursuant
				  to
				  NRS
				  408.5502, the inspection and repair of a
				  telecommunications facility must be performed in accordance with the provisions
				  of NAC 408.461 and applicable Department
				  standards, terms and conditions relating to emergencies, control of access
				  highways, routine inspection and maintenance of underground utilities,
				  emergency repairs, and routine inspection and maintenance of pole
				  lines.
Added to NAC by Dep't
				  of Transportation by R082-01, eff. 11-1-2001; A by
				  R155-18A,
				  eff. 12/17/2019
NRS
				  408.423,
				  408.55029
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Telecommunications Facilities › Section 408.4414 - Occupancy permit: Additional conditions

Current through June 11, 2024
The Department may, in issuing an occupancy permit, require
				  the provider of telecommunications or community antenna television company to
				  meet additional conditions including, but not limited to:
1. Providing for the inspection of the
				construction of the facility, by an engineering consultant approved by the
				Department or by any other method approved by the Department.
2. Restoring the state highway or
				right-of-way a condition which is at least comparable to the condition which
				existed before the placement of the telecommunications facility.
3. Installing additional conduits that must
				be made available to other providers of telecommunications and community
				antenna television companies on a competitively neutral and nondiscriminatory
				basis, if physical conditions prevent future installations of conduits. The
				conduits remain the property of the provider or company that installed the
				conduits.
4. Any applicable
				provisions of an agreement entered into with the Department pursuant to
				NRS
				408.5502.
Added to NAC by Dep't
				  of Transportation by R082-01, eff. 11-1-2001; A by
				  R155-18A,
				  eff. 12/17/2019
NRS
				  408.423,
				  408.55029
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Telecommunications Facilities › Section 408.4416 - Occupancy permit: Revocable

Current through June 11, 2024
Subject to the requirements of NAC 408.303 to 408.379,
				  inclusive, occupancy permits for telecommunications facilities are revocable
				  and the Department assumes no responsibility for the relocation of a
				  telecommunications facility.
Added to NAC by Dep't
				  of Transportation by R082-01, eff. 11-1-2001
NRS
					 408.215,
					 408.423
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Telecommunications Facilities › Section 408.4418 - Indemnification and liability

Current through June 11, 2024
1. A provider of
				telecommunications or community antenna television company that is issued an
				occupancy permit shall indemnify, defend and hold harmless the State of Nevada,
				the Department and its officers, agents and employees from any claims, causes
				of action and suits at law or in equity for losses, damages, claims or demands,
				and from any liability and expense, including reasonable attorney's fees,
				arising out of the use or occupancy of the state highway or right-of-way by the
				provider or company, unless the provider or company establishes that the damage
				or injury was caused by the willful misconduct or gross negligence of the State
				of Nevada, the Department or its officers, agents or employees.
2. The State of Nevada, the Department and
				its officers, agents and employees are not liable for any expense incurred by
				the provider of telecommunications or community antenna television company in
				its use and occupancy of the state highway or right-of-way.
Added to NAC by Dep't
				  of Transportation by R082-01, eff. 11-1-2001
NRS
					 408.215,
					 408.423
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Telecommunications Facilities › Section 408.4422 - Fees

Current through June 11, 2024
1. The Department shall charge and collect
				fees for reviewing applications for occupancy permits and inspecting the
				installation of telecommunication facilities, intended to cover the costs to
				the Department for those activities.
2. A provider of telecommunications or
				community antenna television company shall submit:
(a) The nonrefundable portion of the fee
				required by subsection 1 when it submits the application for an occupancy
				permit to the Department; and
(b)
				The remainder of the fee required by subsection 1 before the occupancy permit
				is issued by the Department.