reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Telecommunications Facilities › Section 408.4424 - Compliance with Department standards, terms and conditions

Current through June 11, 2024
If the Department approves an application for an occupancy
				  permit, the utility provider of telecommunications or community antenna
				  television company must comply with applicable Department standards, terms and
				  conditions relating to general provisions for occupancy permits, as well as any
				  specific conditions required by the Department, including, without limitation,
				  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 › Underground Installations › Section 408.447 - Standards for placement of utilities or pipes under state highway

Current through June 11, 2024
1. Utilities or pipes placed under a state
				highway must:
(a) Be jacked or otherwise
				forced underneath the pavement without disturbing the pavement.
(b) Not be placed inside culverts used for
				drainage.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Underground Installations › Section 408.449 - Marking and designation of underground utilities, pipes and conduits in right-of-way of highway

Current through June 11, 2024
All installations of underground utilities, pipes and
				  conduits in the right-of-way of a highway must be marked and designated as set
				  forth in NAC 408.451 and 408.457.
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 › Underground Installations › Section 408.451 - Installation along highway with no curbs and gutters: Required markers

Current through June 11, 2024
1. If an underground facility of a utility is
				installed along a highway which does not have curbs and gutters:
(a) A standard utility marker or 4-inch by
				4-inch (100-millimeter by 100-millimeter) timber must be installed and
				maintained by the utility outside the ditch line at each location where the
				facility crosses the highway. The timber or marker must extend 30 inches (750
				millimeters) above the ground and have painted indelibly thereon the nature of
				the underground obstruction and the name or identifying symbol of the
				owner.
(b) If a facility of a
				utility is placed longitudinally along a highway, a standard utility marker or
				4-inch by 4-inch (100-millimeter by 100-millimeter) timber must be placed
				adjacent to the offset at such a distance as may be specified by the district
				engineer and at intervals of not more than 1,000 feet (305 meters) at each
				angle point, or, if nonconcentric with the highway, at least every 300 feet
				(91.5 meters).
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Underground Installations › Section 408.453 - Requirements for casing

Current through June 11, 2024
1. Except as
				otherwise provided in subsection 2, casing must be:
(a) Used for the width of the roadway for all
				pipes carrying fluid or gaseous substances which cross the highway.
(b) Designed to support the load of the
				highway and loads imposed thereon.
(c) At least equal to the structural
				requirements for facilities for the drainage of highways.
(d) Composed of material sufficient to
				withstand the conditions to which they may be exposed.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Underground Installations › Section 408.457 - Copper wire required for facility without component of metallic construction

Current through June 11, 2024
If the location of an underground facility is difficult to
				  determine by a visual inspection and the facility does not have a component of
				  metallic construction, the facility must be equipped with a copper wire to
				  locate the facility by an electronic device.
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 › Underground Installations › Section 408.459 - Requirements for boreholes or pits

Current through June 11, 2024
1. A borehole or
				pit may be placed within a right-of-way if:
(a) The borehole or pit area is completely
				fenced.
(b) The utility or its
				contractor does not use any part of the right-of-way for the installation of
				the facility, except in the fenced areas or as otherwise authorized by the
				district engineer.
(c) Entrance to
				the borehole or pit area is not allowed from the traveled portion of the
				highway.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Underground Installations › Section 408.461 - Inspection and repairs of underground facilities

Current through June 11, 2024
1. The
				owner of an underground facility may, pursuant to a plan for traffic control
				approved by the district engineer:
(a) Inspect
				and repair the underground facility, including manholes, conduits, cables and
				pipelines;
(b) Open manholes to
				repair the underground utility and uncover not more than 50 feet (15 meters) of
				cables or lines buried in the ground of the right-of-way of the
				highway.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Aerial Installations › Section 408.467 - Conditions for approval of aerial installations

Current through June 11, 2024
The Department may approve an aerial installation if:
1. Other locations are not available,
				extremely difficult and costly or are less desirable aesthetically;
2. Placement of the facility underground is
				not technically feasible or is unreasonably costly; and
3. The installation will be made at a
				location and use suitable designs and materials which enhance the aesthetic
				quality of the area being traversed.
Suitable designs include, without limitation, self-supporting
				  armless, single-pole constructions with vertical configurations of conductors
				  and cables.
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 › Aerial Installations › Section 408.469 - Aerial electrical or communication lines; National Electrical Safety Code adopted by reference; poles supporting crossings; poles for longitudinal installation

Current through June 11, 2024
1. Except as
				otherwise provided in this section, the owner of a utility facility shall, when
				it installs aerial electrical or communication lines, including television
				cable, ensure that the clearances and method of construction are in accordance
				with the rules for the installation and maintenance of electrical supply and
				communication lines set forth in the
National Electrical Safety
				Code
, 1997 edition, and any subsequent edition issued by the Institute
				of Electrical and Electronics Engineers which has been approved by the
				Department for use in this state and which is hereby adopted by reference. 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 Institute of Electrical and Electronics Engineers. The Department will
				review each edition issued after the 1997 edition to ensure its suitability for
				this state. The most recent edition may be obtained from the Department of
				Transportation, 1263 South Stewart Street, Carson City, Nevada 89712, for the
				price of $79.
2. An aerial
				electrical line must not be placed less than 22 feet (6.7 meters) above the
				ground. An aerial telephone or television cable line must not be placed less
				than 18 feet (5.5 meters) above the ground.
3. Guy wires must:
(a) Not be attached to trees; and
(b) Be kept at a minimum elevation above the
				ground pursuant to the requirements of the
National Electrical Safety
				Code
, adopted by reference pursuant to subsection 1, unless the
				district engineer establishes requirements which exceed that code.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Miscellaneous Provisions › Section 408.523 - Drainage of adjacent wetlands onto state highway prohibited; requirements for drainage systems; submission of plan for drainage

Current through June 11, 2024
1. The installation of a privately owned line
				or conduit on a state highway or within the right-of-way of a state highway to
				drain adjacent wetlands onto the highway or right-of-way is
				prohibited.
2. A person who
				develops property adjacent to an area for the drainage of a highway shall
				ensure that the existing flow patterns are continued. Any proposed change to a
				drainage system by an adjoining developer must be supported by calculations for
				drainage.
3. A plan for drainage
				and the calculations relating to the runoff of water must be submitted to the
				Department for any development or construction which affects the right-of-way
				for the highway. The plan must include calculations for peak runoff for
				existing and proposed developments if the use of the land is substantially
				altered. Each drainage system must be constructed pursuant to the requirements
				set forth in the operating permit.
4. The Department may authorize an
				improvement of its drainage structures to provide for increased flows if there
				is no adverse effect on any property located downstream.
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 › Miscellaneous Provisions › Section 408.527 - Asphalt approaches

Current through June 11, 2024
1. The owner of
				property which is adjacent to a highway shall, if constructing asphalt
				approaches, place the paving at least 25 feet (7.6 meters) from the edge of the
				existing pavement or to the edge of the right-of-way if there is less than 25
				feet (7.6 meters) available. The type of paving must be approved by the
				district engineer.
2. Except as
				otherwise authorized by the district engineer, driveways, approaches and
				intersections of streets must be constructed pursuant to the requirements set
				forth in the occupancy permit.
3.
				If an approach adjoins existing roadway paving, the roadway paving must be saw
				cut in a neat straight line the entire length of the approach, including any
				required taper lengths. The width of the saw cut must be at least 1 foot (300
				millimeters) or as otherwise specified by the district engineer.
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 › Miscellaneous Provisions › Section 408.533 - Construction of left-turn storage lane

Current through June 11, 2024
1. The construction
				of a left-turn storage lane is required if:
(a) The development which is served by the
				access generates 100 or more left-turn movements at the peak hour;
(b) It is proposed by a traffic impact study;
				or
(c) It is required because of
				the physical conditions necessary to maintain safety on the highway.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Miscellaneous Provisions › Section 408.537 - Requirements for construction of curbs and gutters in right-of-way of highway

Current through June 11, 2024
1. Curbs and
				gutters which are placed within the right-of-way of a highway must be
				constructed in accordance with the requirements set forth in the occupancy
				permit.
2. Except as otherwise
				authorized by the district engineer, each sidewalk must be at least 4 inches
				(100 millimeters) deep and constructed pursuant to the requirements:
(a) Adopted by the local government where the
				construction is located; and
(b)
				Set forth in the occupancy permit.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Miscellaneous Provisions › Section 408.543 - Requirements for mailboxes or delivery boxes; occupancy permit not required

Current through June 11, 2024
1. An occupancy permit is not required for
				any mailbox or delivery box for newspapers installed and maintained pursuant to
				the provisions of this section and NAC 408.547.
2. A person shall not install a mailbox or
				delivery box for newspapers:
(a) Within a
				right-of-way of a highway if it interferes with the safety of the traveling
				public or the maintenance or operation of the highway.
(b) If access to the mailbox or delivery box
				for newspapers is obtained from the lanes of a freeway or is otherwise
				prohibited by law or regulation.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Miscellaneous Provisions › Section 408.547 - Mailboxes and delivery boxes; location on certain residential streets or rural roads; requirements

Current through June 11, 2024
1. The Department
				may authorize the installation of a mailbox or delivery box for newspapers on
				certain residential streets or rural roads if it determines that it is in the
				public interest to authorize lesser clearances or to require greater
				clearances.
2. If a residential
				street has curbs, the roadside face of the mailbox or delivery box must be set
				back not less than 6 inches (150 millimeters) or more than 12 inches (300
				millimeters) from the face of the curb. If a residential street does not have
				curbs or all-weather shoulders and carries a low volume of traffic operating at
				low speeds, the roadside face of a mailbox or delivery box must be set back not
				less than 8 inches (200 millimeters) or more than 12 inches (300 millimeters)
				from the edge of the pavement.
3.
				The Department will not approve the installation of a mailbox or delivery box
				which is less than 2 feet, 8 inches (800 millimeters) or more than 6 feet, 8
				inches (2 meters) from the edge of the pavement on a rural road which has
				little traffic operating at low speeds.
4. If a mailbox is located at the entrance of
				a driveway, it must be placed on the far side of the driveway in the direction
				of the delivery route.
5. If a
				mailbox or delivery box for newspapers is located at an intersecting road whose
				average daily traffic:
(a) Is 400 vehicles or
				less, the mailbox or delivery box must be located at least 100 feet (30.5
				meters); or
(b) Is more than 400
				vehicles, the mailbox or delivery box must be located at least 200 feet (61
				meters), beyond the center of the intersecting road in the direction of the
				delivery route.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Miscellaneous Provisions › Section 408.557 - Authorization of direct access from freeway by locked gate

Current through June 11, 2024
1. The Department may authorize direct access
				from a freeway by a locked gate. The uses for the access must be restricted to
				access for:
(a) The maintenance of a railroad
				or a facility of a utility;
(b)
				Communications by a utility or governmental agency for public safety;
(c) Microwave stations; or
(d) Agricultural purposes.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Section 408.Sec. 2.1 - NEW

Current through June 11, 2024
As used in sections 2 to 21, inclusive, of this regulation,
				unless the context otherwise requires, the words and terms defined in sections
				3 and 4 have the meanings ascribed to them in those sections.
Added to NAC by Dep't of Transportation by
				R017-22A,
				eff. 4/19/2022
NRS
				408.55071
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Section 408.Sec. 3.1 - NEW

Current through June 11, 2024
"Project labor agreement" means a pre-hire collective
				bargaining agreement with one or more labor organizations that establishes the
				terms and conditions of employment for a specific construction project and is
				an agreement described in
				29 U.S.C. §
									158(f).
Added to NAC by Dep't of Transportation by
				R017-22A,
				eff. 4/19/2022
NRS
				408.55071
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Section 408.Sec. 4.1 - NEW

Current through June 11, 2024
"Staff of the Bank" means the Executive Director, any employee
				of the Bank hired pursuant to
				NRS
				408.55072 and any employee serving in the
				Executive Branch of State Government who provides assistance to the Bank upon
				the request of the Board of Directors.
Added to NAC by Dep't of Transportation by
				R017-22A,
				eff. 4/19/2022
NRS
				408.55071
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Section 408.Sec. 5.1 - NEW

Current through June 11, 2024
1. A qualified borrower who wishes to receive
			 a loan or other financial assistance from the Bank must submit an application
			 to the Bank in the form prescribed by the Board of Directors.
2. An applicant for a loan or other financial
			 assistance from the Bank must include in the application an explanation of the
			 potential environmental impacts of the qualified project and demonstrate in the
			 application for the loan or other financial assistance that construction of the
			 eligible project may feasibly be completed not later than 3 years after the
			 Board of Directors approves the application. For the purposes of this section,
			 it is feasible for an eligible project to be completed not later than 3 years
			 after the Board of Directors approves the application if, not later than 3
			 years after such approval:
(a) For a loan or
			 other financial assistance from an account established by section 19, 20 or 21
			 of this regulation, the portion of the eligible project for which the Bank
			 provides a loan or other financial assistance will satisfy the standards for
			 completeness or ability to begin operation set forth in the contract for the
			 construction of the project; or
(b)
			 For a loan or other financial assistance from the Affordable Housing Revolving
			 Account established by section 18 of this regulation, the qualified borrower
			 will have received the certificate of occupancy for the portion of the eligible
			 project for which the Bank provides a loan or other financial
			 assistance.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Section 408.Sec. 6.1 - NEW

Current through June 11, 2024
For each application for a loan or other financial assistance
				submitted to the Bank, the staff of the Bank shall:
1. Review the application for completeness,
			 including, without limitation, any attachments or exhibits.
2. Confirm that the governing body of the
			 applicant has approved the application.
3. Confirm that the applicant is a qualified
			 borrower and the project is an eligible project.
4. Confirm that the proposed source of
			 repayment is appropriate for the loan or other financial assistance from the
			 Bank and that the applicant has the ability to repay the loan or other
			 financial assistance from the proposed source of repayment.
5. Determine the impact of the loan or other
			 financial assistance on the finances and operations of the applicant.
6. Determine whether the applicant has unmet
			 capital needs that could be detrimentally affected by the loan or other
			 financial assistance or that could detrimentally affect the ability of the
			 applicant to repay the loan or other financial assistance.
7. Review the audited financial statements of
			 the applicant for the immediately preceding 5 years or, if the applicant is a
			 new entity with less than 5 years of financial statements, review the existing
			 audited financial statements and a feasibility study for the eligible project
			 provided by the applicant.
8.
			 Conduct a financial analysis of the applicant's general credit, including,
			 without limitation:
(a) An analysis of the
			 financial statements of the applicant using criteria appropriate for an
			 analysis of municipal credits or private credits, as applicable;
(b) A review of any official statements or
			 prospectus used by the applicant in conjunction with the issuance of
			 bonds;
(c) Conducting discussions
			 with the financial advisor and underwriter of the applicant to assist in
			 evaluating the applicant's financial condition;
(d) A review of reports of bond rating
			 agencies, where applicable;
(e) For
			 applicants who are governmental units, a review of existing property tax rates
			 and general obligation bonding capacity;
(f) An analysis of the existing indebtedness
			 of the applicant, both secured and unsecured; and
(g) An analysis of cash flow
			 projections.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Section 408.Sec. 7.1 - NEW

Current through June 11, 2024
In addition to the requirements set forth in section 6 of this
				regulation, for each application for a loan or other financial assistance
				submitted to the Bank that, if approved, will be secured solely or primarily by
				a revenue pledge or credit enhancement, the staff of the Bank shall:
1. Determine the amount of revenue available
			 for pledging from the revenue source.
2. Verify that the purpose of the financing
			 can be legally secured by the proposed revenue source.
3. Evaluate the historical receipt of
			 revenues from the proposed revenue source.
4. Evaluate the historical expenses and
			 transfers paid from the proposed revenue source.
5. Determine the amount and pledge status of
			 any outstanding debt or other proposed debt secured or to be secured by the
			 proposed revenue source.
6.
			 Calculate the amount of cash flow available for debt service and the debt
			 service coverage ratio.
7. Unless
			 the application is for a loan or other financial assistance through the
			 Affordable Housing Revolving Account created by section 18 of this regulation,
			 if the amount of cash flow available for debt service is insufficient to
			 demonstrate that the applicant is able to repay the requested loan or other
			 financial assistance and any existing and other proposed debt, determine if the
			 applicant has cash available in an amount sufficient to establish a rate
			 stabilization fund or debt service reserve fund.
8. Measure the revenue from the pledged
			 source against the total operating budget of the applicant.
9. Determine the effect on the operating
			 budget if the specific revenue is used for financing purposes.
10. Determine the impact of the loan or other
			 financial assistance from the Bank on the fund balances and projected cash flow
			 of the applicant.
11. If the
			 applicant has a credit rating, determine the impact of the loan or other
			 financial assistance on the credit rating of the
			 applicant.
Added to NAC by Dep't of Transportation by
				R017-22A,
				eff. 4/19/2022
NRS
				408.55071
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Section 408.Sec. 8.1 - NEW

Current through June 11, 2024
In addition to the requirements set forth in section 6 of this
				regulation, for each application for a loan or other financial assistance
				submitted to the Bank that will, if approved, have a general fund financing
				structure, the staff of the Bank shall:
1. Determine the sources of and the likely
			 recurrence of the general fund revenues of the applicant.
2. Verify that the purpose of the financing
			 is consistent with a general obligation pledge.
3. Determine if the eligible project, if
			 undertaken, will result in an increase in annual operating costs to the
			 applicant.
4. Determine the impact
			 of the loan or other financial assistance from the Bank on the general fund
			 balances and projected cash flow of the applicant.
Added to NAC by Dep't of Transportation by
				R017-22A,
				eff. 4/19/2022
NRS
				408.55071
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Section 408.Sec. 9.1 - NEW

Current through June 11, 2024
In addition to the requirements set forth in section 6 of this
				regulation, for each application for a loan or other financial assistance
				submitted to the Bank where the applicant consists of multiple governmental
				units cooperating under a joint or intergovernmental agreement, the staff of
				the Bank shall:
1. Review the
			 agreements between the governmental units for consistency with the proposed
			 eligible project and the requested financing.
2. Determine the life of the joint or
			 intergovernmental agreement and assess whether the life of the agreement is
			 consistent with the requested financing term.
3. Confirm that the joint or
			 intergovernmental agreement permits the applicant to enter into a financing
			 agreement with the Bank.
4. Evaluate
			 whether there is official public support for the applicant to enter into a
			 financing agreement with the Bank, which support may consist of a vote of
			 approval by a government body, voter authorization or some other indication of
			 official public support.
Added to NAC by Dep't of Transportation by
				R017-22A,
				eff. 4/19/2022
NRS
				408.55071
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Section 408.Sec. 10 - NEW

Current through June 11, 2024
For each application for a loan or other financial assistance
				submitted to the Bank, the staff of the Bank shall prepare a report containing
				the analysis of the staff developed in accordance with sections 6 to 9,
				inclusive, as applicable, including, without limitation, the credit analysis,
				and make a recommendation to the Board of Directors regarding:
1. Whether to approve or reject the
			 application and, if the recommendation is to reject the application, the reason
			 for the recommendation.
2. The
			 amount of the loan or financial assistance to offer to the applicant, if the
			 application is approved.
3. The
			 terms and conditions to be included in the financing agreement between the Bank
			 and the applicant, if the application is approved.
Added to NAC by Dep't of Transportation by
				R017-22A,
				eff. 4/19/2022
NRS
				408.55071
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Section 408.Sec. 11 - NEW

Current through June 11, 2024
1. In evaluating and determining whether to
			 approve an application for a loan or other financial assistance from the Bank,
			 the Board of Directors will consider the report prepared by the staff of the
			 Bank pursuant to section 10 of this regulation, whether the qualified project
			 is consistent with the standards and goals set forth in Nevada's Climate
			 Strategy for the year 2020 and the goals for the reduction of greenhouse gas
			 emissions set forth in
			 NRS
			 445B.380 and 704.7820, and whether approval
			 of an application is consistent with the goal of the Bank to have at least 40
			 percent of the principal amount of the loans or other financial assistance
			 provided by the Bank be provided to qualified borrowers for qualified projects
			 that are located:
(a) In a census tract
			 designated as a qualified census tract by the United States Secretary of
			 Housing and Urban Development pursuant to
			 26 U.S.C. §
										42(d)(5)(B)(ii);
(b) In a census tract which has a high level
			 of social vulnerability as determined according to the Social Vulnerability
			 Index developed by the Centers for Disease Control and Prevention of the United
			 States Department of Health and Human Services;
(c) In a community which the Board of
			 Directors determines to have a relatively large percentage of the population
			 having limited English proficiency;
(d) On tribal lands or in communities where
			 tribal members commonly reside; or
(e) In areas that have been subject to
			 historical instances of redlining, segregation or other discriminatory
			 practices.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Section 408.Sec. 12 - NEW

Current through June 11, 2024
1. The Board of Directors will not approve an
			 application for a loan or other financial assistance from the Bank if:
(a) The applicant is in default on any other
			 debt owed by the applicant unless the default is cured;
(b) The qualified project is not consistent
			 with the standards set forth in Nevada's Climate Strategy for the year 2020 and
			 the goals for the reduction of greenhouse gas emissions set forth in
			 NRS
			 445B.380 and 704.7820;
(c) The applicant is not a qualified borrower
			 or the project is not a qualified project; or
(d) Based on the report prepared pursuant to
			 section 10 of this regulation, the loan or other financial assistance is not in
			 the best interest of this State.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Section 408.Sec. 13 - NEW

Current through June 11, 2024
1. A qualified borrower shall pay a one-time
			 origination fee of $10,000 or 1 percent of the principal amount of the loan or
			 other financial assistance, whichever is greater, as a condition of closing.
			 The origination fee may be reduced or waived by the Board of Directors. The
			 origination fee may be financed as part of the loan or other financial
			 assistance. Until the origination fee is fully paid, the qualified borrower
			 shall pay an annual servicing fee in an amount equal to the outstanding balance
			 of the origination fee multiplied by the secondary market yield for 1-year
			 United States treasury bills, as published by the Board of Governors of the
			 Federal Reserve System, on the anniversary of the date of the origination of
			 the loan.
2. The Board of Directors
			 may include in the financing agreement a requirement that the qualified
			 borrower pay an amendment fee for each amendment to the financing agreement and
			 documents.
Added to NAC by Dep't of Transportation by
				R017-22A,
				eff. 4/19/2022
NRS
				408.55071
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Section 408.Sec. 14 - NEW

Current through June 11, 2024
1. To address the unique credit features of a
			 qualified borrower or qualified project and to provide sufficient security to
			 the Bank, the Bank, at the direction of the Board of Directors, may include in
			 a financing agreement requirements for additional covenants, credit
			 enhancements or security, including, without limitation:
(a) A covenant for a debt service reserve
			 fund at the borrower level;
(b) A
			 provision for additional security during the construction or start-up phase of
			 a qualified project; or
(c)
			 Stricter financial covenants for qualified borrowers with limited historical
			 coverage or dependence on a concentrated source of
			 revenues.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Section 408.Sec. 15 - NEW

Current through June 11, 2024
1. The Bank shall, in the financing
			 agreement, set the term of a loan or other financial assistance from the Bank,
			 which must be set according to the methodology approved by the Board of
			 Directors and must not exceed 35 years. A qualified borrower may elect for the
			 loan or other financial assistance to have a maturity date that is sooner than
			 the maximum life of the loan or other financial assistance which may be
			 approved pursuant to the methodology approved by the Board of
			 Directors.
2. The interest rate of a
			 loan or other financial assistance from the Bank must be set according to the
			 rate-setting methodology established by the Board of Directors pursuant to
			 section 16 of this regulation.
Added to NAC by Dep't of Transportation by
				R017-22A,
				eff. 4/19/2022
NRS
				640A.110,
				640A.180
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Section 408.Sec. 16 - NEW

Current through June 11, 2024
1. The Board of Directors will establish a
			 methodology for determining the interest rate on a loan or other financial
			 assistance provided by the Bank. The interest rate on a loan or other financial
			 assistance provided by the Bank must be based on the interest rate benchmark
			 established pursuant to subsection 2 and interest rate adjustments determined
			 pursuant to subsection 3.
2. The
			 rate-setting methodology must establish an interest rate benchmark based on the
			 Municipal Market Data Index published by Refinitiv and other nationally
			 recognized benchmarks.
3. The Board
			 of Directors will determine interest rate adjustments based on the following
			 factors, as applicable, depending on the source of revenue to repay a loan or
			 other financial assistance provided by the Bank:
(a) The structure and organization of the
			 applicant;
(b) The local fiscal
			 capacity, as measured by the median household income, debt per user or
			 household and applicable taxes, charges and fees as a percentage of the median
			 household income;
(c) The security
			 for repayment and repayment pledge, as measured by the credit rating and credit
			 review of the applicant and lien position of the Bank's financing as senior,
			 parity or subordinated;
(d) The term
			 of the financing offered by the Bank;
(e) Other terms and conditions of the Bank's
			 financing, including, without limitation, the frequency of repayment, repayment
			 provisions and, as applicable, reserves and coverage;
(f) The review and analysis conducted by the
			 staff of the Bank; and
(g) The
			 interest rate setting methodology approved by the Board of Directors,
			 including, without limitation, the interest rate benchmark
			 determination.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Section 408.Sec. 17 - NEW

Current through June 11, 2024
1. A qualified borrower shall ensure, with
			 respect to each contractor who is awarded a contract or enters into an
			 agreement to perform construction work on a qualified project for which all or
			 part of the costs of the qualified project are paid using a loan or other
			 financial assistance from the Bank, and each subcontractor who performs any
			 portion of the construction work on such a qualified project, that:
(a) Not less than 50 percent of the total
			 project work hours performed within each construction trade by employees of the
			 contractor or subcontractor are performed by residents of Nevada, with not less
			 than 15 percent of those project work hours performed within each construction
			 trade by employees of the contractor or subcontractor being performed by
			 disadvantaged workers.
(b) Not less
			 than 15 percent of the total project work hours performed within each
			 construction trade by employees of the contractor or subcontractor are
			 performed by apprentices, with not less than 5 percent of those project work
			 hours per trade being performed by first-year apprentices.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Section 408.Sec. 18 - NEW

Current through June 11, 2024
1. The Affordable Housing Revolving Account
			 is hereby established as a revolving account in the Nevada State Infrastructure
			 Bank Fund.
2. The Board of
			 Directors may approve an application for a loan or other financial assistance
			 from the Affordable Housing Revolving Account if, in addition to satisfying the
			 requirements of this chapter and chapter 408 of NRS:
(a) The loan or other financial assistance
			 will be used solely to finance all or part of the eligible costs of an eligible
			 project for the development, construction, repair, improvement, maintenance or
			 acquisition of a multifamily housing project which:
(1) May include space dedicated to
			 non-residential uses provided that the rentable area of the project dedicated
			 to residential housing is not less than 75 percent of the total rentable area
			 of the project; and
(2) Is
			 affordable housing as defined in
			 NRS
			 278.0105;
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Section 408.Sec. 19 - NEW

Current through June 11, 2024
1. The Board of Directors may approve an
			 application for a loan or other financial assistance from the Charter School
			 Capital Needs Revolving Account, which is hereby established in the Nevada
			 State Infrastructure Bank Fund, if, in addition to satisfying the requirements
			 of this chapter and chapter 408 of NRS:
(a)
			 The loan or other financial assistance will be used solely to finance, or
			 refinance outstanding debt for, all or part of the eligible costs of an
			 eligible project for the development, construction, repair, improvement,
			 maintenance or acquisition of a charter school facility for a new or existing
			 charter school;
(b) The loan or
			 other financial assistance will not cause the total principal amount of the
			 loans or other financial assistance from the Account to be used for charter
			 school facilities for new or existing charter schools where the average
			 percentage of pupils who are served by all of those schools and are pupils who
			 are at risk, as defined in
			 NRS
			 388A.045, is less than 60 percent;
(c) The developer selected for the eligible
			 project demonstrates a long-term commitment to hiring local residents and using
			 apprentices in apprenticeship programs registered with the State Apprenticeship
			 Council; and
(d) The applicant has
			 provided written authorization for the project from the sponsor of the charter
			 school.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Section 408.Sec. 20 - NEW

Current through June 11, 2024
1. The Board of Directors may approve an
			 application for a loan or other financial assistance from the Federal
			 Infrastructure Matching Account, which is hereby established in the Nevada
			 State Infrastructure Bank Fund, if, in addition to satisfying the other
			 requirements of this chapter and chapter 408 of NRS:
(a) The loan or other financial assistance
			 will be used solely to finance all or part of the eligible costs of an eligible
			 project;
(b) The federal investment
			 in the project exceeds the amount of the loan or other financial assistance;
			 and
(c) The developer selected for
			 the eligible project demonstrates a long-term commitment to hiring local
			 residents and using apprentices in apprenticeship programs registered with the
			 State Apprenticeship Council.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS › Section 408.Sec. 21 - NEW

Current through June 11, 2024
1. The Board of Directors may approve an
			 application for a loan or other financial assistance from the State
			 Infrastructure Bank General Account, which is hereby established in the Nevada
			 State Infrastructure Bank Fund, if, in addition to satisfying the requirements
			 of this chapter and chapter 408 of NRS:
(a)
			 The loan or other financial assistance will be used solely to finance all or
			 part of the eligible costs of an eligible project;
(b) The eligible project is not eligible to
			 receive a loan or other financial assistance from an account established by
			 section 18, 19 or 20 of this regulation; and
(c) The developer selected for the eligible
			 project demonstrates a long-term commitment to hiring local residents and using
			 apprentices in apprenticeship programs registered with the State Apprenticeship
			 Council.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › ACQUISITION AND DISPOSAL OF PROPERTY FOR HIGHWAYS › Section 408.559 - Manual for relinquishment of roadways; development; approval; revision

Current through June 11, 2024
1. The Department, in cooperation with local
			 governments, will develop a manual which sets forth the process for proposing,
			 developing, evaluating and completing the relinquishment of a portion of a
			 state highway from the Department to a local government or a portion of a
			 county or city road from a local government to the Department pursuant to
			 NRS
			 408.527. The manual will be developed as
			 follows:
(a) The Department will develop a
			 proposed draft of the manual and transmit a copy to the chief administrative
			 officer of each local government.
(b) A local government may submit comments to
			 the Department on the proposed manual during a review period specified by the
			 Department, but not less than 45 calendar days after the receipt of the
			 proposed manual.
(c) The
			 Department will develop a written response to each comment submitted pursuant
			 to paragraph (b), and a compilation of all comments and responses will be
			 transmitted to each local government not later than 20 calendar days after the
			 conclusion of the review period specified by the Department pursuant to
			 paragraph (b).
(d) The Department
			 will make a good faith effort to resolve any disagreement with a local
			 government before submitting the proposed manual to the Board.
(e) The Board shall consider the proposed
			 manual for approval at a scheduled public meeting. All persons in attendance at
			 the public meeting must be afforded the opportunity to provide comment upon the
			 proposed manual.
(f) The Board
			 shall consider the recommendations of the Department and any comment presented
			 during the meeting and shall approve or deny the proposed manual during the
			 meeting or as soon as practicable at a subsequent public meeting. If the Board
			 denies the proposed manual, it shall direct the Department to work with local
			 governments to develop a new draft to be submitted to the Board for approval at
			 a subsequent public meeting, subject to the requirements of paragraph (e).
(g) If the Board approves the
			 proposed manual, the manual becomes effective upon approval and will be made
			 accessible to the public on the Internet website maintained by the
			 Department.
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › ROADSIDE PARKS AND SAFETY REST AREAS › Section 408.595 - Occupancy

Current through June 11, 2024
Parking, camping or occupancy in a roadside park or safety rest
				area is limited to 18 hours in any 2-week period.
Dep't of Transportation,
				Roadside Parks and Safety Areas Reg. No. 1, eff.
				5-7-80
NRS
				  408.215,
				  408.275
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › ROADSIDE PARKS AND SAFETY REST AREAS › Section 408.600 - Control of animals

Current through June 11, 2024
When not confined in a vehicle, all animals in a roadside park
				or safety rest area must be on a leash, halter or other appropriate restraining
				device and confined to an area designated for animals.
Dep't of Transportation,
				Roadside Parks and Safety Areas Reg. No. 8, eff.
				5-7-80
NRS
				  408.215,
				  408.275
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › ROADSIDE PARKS AND SAFETY REST AREAS › Section 408.605 - Fires

Current through June 11, 2024
No fire is permitted in a roadside park or safety rest area
				outside fireplaces or grills in designated areas. Fires must be extinguished
				after use.
Dep't of Transportation,
				Roadside Parks and Safety Areas Reg. No. 3, eff.
				5-7-80
NRS
				  408.215,
				  408.275
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › ROADSIDE PARKS AND SAFETY REST AREAS › Section 408.610 - Disposal of waste

Current through June 11, 2024
1. Littering is not
			 permitted in a roadside park or safety rest area. Trash or garbage must be
			 deposited in containers provided by the Department of Transportation. The
			 disposal of waste in these containers is restricted to trash and garbage which
			 is accumulated by persons while the persons are traveling in vehicles or
			 bicycling. The disposal of garbage or trash from other sources is
			 prohibited.
2. No wastewater may be
			 disposed of in any portion of a roadside park or safety rest area except in an
			 area designated for such a disposal.
3. A sewer hose must be used when dumping any
			 holding tank.
4. Commercial
			 vehicles must not dump waste in disposal areas.
Dep't of Transportation,
				Roadside Parks and Safety Areas Reg. No. 7, eff. 5-7-80-NAC A by R135-98,
				10-3-2000
NRS
				  408.215,
				  408.275
Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › ROADSIDE PARKS AND SAFETY REST AREAS › Section 408.615 - Prohibited acts

Current through June 11, 2024
The following acts are prohibited in a roadside park or safety
				rest area:
1. The parking of
			 commercial vehicles for commercial reasons, such as unloading or changing
			 cargo. Vehicles may be parked only in areas designated for parking.
2. Exhibiting or using any firearm or other
			 weapon.
3. Loitering within or
			 around any toilet facility.
4.
			 Drunkenness.
5. Any use of the
			 electricity in a restroom to operate an appliance which is used in a
			 home.
6. Except in the case of
			 emergency repairs to a towing vehicle, the detaching of a trailer from the
			 towing vehicle.
Dep't of Transportation,
				Roadside Parks and Safety Areas Reg. Nos. 2, 4-6, 9 & 10, eff.
				5-7-80
NRS
				  408.215,
				  408.275