Nevada Administrative Code

NAC 408.417 Determination of likelihood of accident or injury of facility; ranking of work concerning improvement of safe operation of facility. (NRS 408.215, 408.423) 1. If the Department or utility determines that the utility’s facility is likely to be associated with injury or…

NAC 408.419 Conditions for installation of facilities traversing or adjacent to areas of scenic or natural beauty. (NRS 408.215, 408.423) 1. Except as otherwise provided in subsection 2, the Department will not approve the installation of a utility’s facility within the right-of-…

NAC 408.427 Application; approval of local government. (NRS 408.215, 408.423) 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 …

NAC 408.429 Applicants for occupancy permits: Report on impact of traffic required; requirements for report. (NRS 408.215, 408.423) 1. An applicant for an occupancy permit must submit to the Department a report concerning the impact of traffic for all driveways and street interse…

NAC 408.431 Request for permit for landscaping. (NRS 408.215, 408.423) 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 connecti…

NAC 408.433 Shelters or benches: Requirements. (NRS 408.215, 408.423) 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 h…

NAC 408.437 Requirements for performance or cash bond. (NRS 408.215, 408.423) 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 occ…

NAC 408.438 Definitions. (NRS 408.215, 408.423) As used in NAC 408.438 to 408.4424, inclusive, unless the context otherwise requires, the words and terms defined in NAC 408.4382, 408.4384 and 408.4386 have the meanings ascribed to them in those sections. (Added to NAC by Dep’t of…

NAC 408.4382 “Community antenna television company” defined. (NRS 408.215, 408.423) “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)

NAC 408.4383 “Provider of telecommunications” defined. (NRS 408.55029) “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…

NAC 408.4384 “Right-of-way” defined. (NRS 408.215, 408.423) “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 li…

NAC 408.4386 “Telecommunications facility” defined. (NRS 408.215, 408.423) “Telecommunications facility” means any line, fiber, wire, conduit, interduct, access manhole, handhole, tower, pedestal, pole, box, transmitting equipment, receiving equipment, power equipment, system or …

NAC 408.4388 Policy for accommodating facilities along highway rights-of-way. (NRS 408.215, 408.423) 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…

NAC 408.4391 Exemption from certain provisions. (NRS 408.215, 408.423) 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 408.4392 Underground installation required; exception. (NRS 408.215, 408.423) 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 t…

NAC 408.4394 Limitation on trenching, plowing or boring; exceptions; no limitation on number of applications. (NRS 408.215, 408.423) 1. Except as otherwise provided in subsection 2, to minimize adverse impacts to the state highway or highway rights-of-way, and related highway fac…

NAC 408.4396 Minimum depth of installation. (NRS 408.215, 408.423) 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 …

NAC 408.4398 Occupancy permit: Contents of application; provision for additional information; evidence of approval. (NRS 408.215, 408.423) 1. Except as otherwise provided in NAC 408.403, a provider of telecommunications or community antenna television company that applies for an …

NAC 408.4401 Occupancy permit: Publication of notice of application required under certain circumstances; written responses; copies to Department. (NRS 408.215, 408.423) 1. Upon receipt of an application for an occupancy permit, the Department will determine whether the provider …

NAC 408.4402 Occupancy permit: 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. (NRS 408.215, 408.423, 408.55029) 1. Except as otherw…

NAC 408.4404 Surety bond requirement; factors in determination. (NRS 408.215, 408.423) 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 tel…

NAC 408.4406 Annual occupancy permit: Application; issuance or renewal; period of validity; limitations; surety bond requirement. (NRS 408.215, 408.423, 408.55029) 1. The Department may, upon request, issue an annual occupancy permit to a provider of telecommunications or a commu…

NAC 408.4408 Annual occupancy permit: Duties of provider of telecommunications or community antenna television company; authority of district office; grounds for revocation. (NRS 408.215, 408.423, 408.55029) 1. If an annual occupancy permit is issued by the Department pursuant to…

NAC 408.4411 Change to facility: Documentation; fee. (NRS 408.215, 408.423) 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 provide…

NAC 408.4412 Performance of inspections and repairs. (NRS 408.215, 408.423, 408.55029) Except as otherwise provided in NAC 408.850 to 408.868, inclusive, or an agreement entered into with the Department pursuant to NRS 408.5502, the inspection and repair of a telecommunications f…

NAC 408.4414 Occupancy permit: Additional conditions. (NRS 408.215, 408.423, 408.55029) 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 …

NAC 408.4416 Occupancy permit: Revocable. (NRS 408.215, 408.423) 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 telecommunicat…

NAC 408.4418 Indemnification and liability. (NRS 408.215, 408.423) 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…

NAC 408.442 Duties of provider of telecommunications or community antenna television company if Department does not have fee interest in state highway or right-of-way. (NRS 408.215, 408.423) 1. Except as otherwise provided in Part 645 of Title 23 of the Code of Federal Regulation…

NAC 408.4422 Fees. (NRS 408.215, 408.423) 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 pro…

NAC 408.4424 Compliance with Department standards, terms and conditions. (NRS 408.215, 408.423, 408.55029) If the Department approves an application for an occupancy permit, the utility provider of telecommunications or community antenna television company must comply with applic…

NAC 408.447 Standards for placement of utilities or pipes under state highway. (NRS 408.215, 408.423) 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 culve…

NAC 408.449 Marking and designation of underground utilities, pipes and conduits in right-of-way of highway. (NRS 408.215, 408.423) 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 40…

NAC 408.451 Installation along highway with no curbs and gutters: Required markers. (NRS 408.215, 408.423) 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-millime…

NAC 408.453 Requirements for casing. (NRS 408.215, 408.423) 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 h…

NAC 408.457 Copper wire required for facility without component of metallic construction. (NRS 408.215, 408.423) 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 fa…

NAC 408.459 Requirements for boreholes or pits. (NRS 408.215, 408.423) 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 …

NAC 408.461 Inspection and repairs of underground facilities. (NRS 408.215, 408.423) 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, conduit…

NAC 408.467 Conditions for approval of aerial installations. (NRS 408.215, 408.423) 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 undergr…

NAC 408.469 Aerial electrical or communication lines; National Electrical Safety Code adopted by reference; poles supporting crossings; poles for longitudinal installation. (NRS 408.215, 408.423) 1. Except as otherwise provided in this section, the owner of a utility facility sha…

NAC 408.523 Drainage of adjacent wetlands onto state highway prohibited; requirements for drainage systems; submission of plan for drainage. (NRS 408.215, 408.423) 1. The installation of a privately owned line or conduit on a state highway or within the right-of-way of a state hi…

NAC 408.527 Asphalt approaches. (NRS 408.215, 408.423) 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 th…

NAC 408.533 Construction of left-turn storage lane. (NRS 408.215, 408.423) 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…

NAC 408.537 Requirements for construction of curbs and gutters in right-of-way of highway. (NRS 408.215, 408.423) 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. …

NAC 408.543 Requirements for mailboxes or delivery boxes; occupancy permit not required. (NRS 408.215, 408.423) 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 408.54…

NAC 408.547 Mailboxes and delivery boxes; location on certain residential streets or rural roads; requirements. (NRS 408.215, 408.423) 1. The Department may authorize the installation of a mailbox or delivery box for newspapers on certain residential streets or rural roads if it …

NAC 408.557 Authorization of direct access from freeway by locked gate. (NRS 408.215, 408.423) 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 …