Nevada Administrative Code

NAC 408.013 “Authorization” defined. (NRS 408.215) “Authorization” means any written authority granted by the Department to a utility to begin any phase of a project. (Added to NAC by Dep’t of Transportation, eff. 1-6-95)

NAC 408.015 “Backfill” defined. (NRS 408.215) “Backfill” means the material used to replace or the act of replacing material: 1. During construction; or 2. Adjacent to a structure or around and over a pipe or conduit. [Dep’t of Highways, Utility Policy Manual part Ch. 3, eff. 3-1…

NAC 408.033 “Betterment” defined. (NRS 408.215) “Betterment” means any improvement of a utility’s facility being adjusted or relocated which is not attributable to the project of the Department and is made primarily for the benefit and at the election of the utility or owner. (Ad…

NAC 408.055 “Casing” defined. (NRS 408.215) “Casing” means a pipe enclosing a carrier. [Dep’t of Highways, Utility Policy Manual part Ch. 3, eff. 3-19-77]

NAC 408.057 “Clear zone” defined. (NRS 408.215) “Clear zone” means the area of a roadside within the right-of-way of the highway which must be kept clear of obstructions which are above the ground or mounted on the ground to allow a person to regain control of a motor vehicle aft…

NAC 408.070 “Conduit” defined. (NRS 408.215) “Conduit” means an enclosed tubular runway for protecting wires or cables. [Dep’t of Highways, Utility Policy Manual part Ch. 3, eff. 3-19-77]—(NAC A by Dep’t of Transportation, eff. 1-6-95)

NAC 408.083 “Cost of relocation” defined. (NRS 408.215) “Cost of relocation” has the meaning ascribed to it in NRS 408.407. (Added to NAC by Dep’t of Transportation, eff. 1-6-95)

NAC 408.087 “Cost of removal” defined. (NRS 408.215) “Cost of removal” means the money spent to remove a facility, including the cost of demolishing, dismantling, removing, transporting or otherwise disposing of the facility and of cleaning the site so as to leave it in a safe, n…

NAC 408.090 “Department” defined. “Department” means the Department of Transportation. (Supplied in codification)

NAC 408.097 “Direct costs” defined. (NRS 408.215) “Direct costs” means those costs which are readily identifiable with a specific job or work order, including wages, materials and equipment. (Added to NAC by Dep’t of Transportation, eff. 1-6-95)

NAC 408.103 “District engineer” defined. (NRS 408.215) “District engineer” has the meaning ascribed to it in NAC 408.708. (Added to NAC by Dep’t of Transportation, eff. 1-6-95)

NAC 408.117 “Encroachment” defined. (NRS 408.215, 408.423) “Encroachment” has the meaning ascribed to it in NRS 408.050. (Added to NAC by Dep’t of Transportation, eff. 1-6-95)

NAC 408.123 “Facility” defined. (NRS 408.215) “Facility” means any property or improvement to the property of a utility which is used to supply telegraph, telephone, electric power and light, gas, water, sewer or any other service to members of the public. (Added to NAC by Dep’t …

NAC 408.145 “Freeway” defined. (NRS 408.215) “Freeway” has the meaning ascribed to it in NRS 408.060. [Dep’t of Highways, Utility Policy Manual part Ch. 3, eff. 3-19-77]

NAC 408.175 “Highway” defined. (NRS 408.215) “Highway” has the meaning ascribed to it in NRS 408.070. [Dep’t of Highways, Utility Policy Manual part Ch. 3, eff. 3-19-77]

NAC 408.177 “Indirect costs” defined. (NRS 408.215) “Indirect costs” means those costs which are not readily identifiable with a specific job or work order, including indirect labor, social security taxes, insurance, store’s expenses and general expenses for the maintenance of th…

NAC 408.180 “Intersection” defined. (NRS 408.215) “Intersection” means the crossing of two highways either at a grade or in conjunction with an interchange. [Dep’t of Highways, Utility Policy Manual part Ch. 3, eff. 3-19-77]

NAC 408.190 “Median” defined. (NRS 408.215) “Median” means the portion of a divided highway separating the traveled ways for traffic moving in opposite directions. [Dep’t of Highways, Utility Policy Manual part Ch. 3, eff. 3-19-77]

NAC 408.200 “Occupancy permit” defined. (NRS 408.215) “Occupancy permit” means an agreement in which the Director, pursuant to NRS 408.423, authorizes and approves the use by a utility of a specified portion of a highway or right-of-way. [Dep’t of Highways, Utility Policy Manual …

NAC 408.215 “Pipe” defined. (NRS 408.215) “Pipe” means a tubular product made as a production item for sale as such. Cylinders formed from plate in the course of the fabrication of auxiliary equipment are not pipe. [Dep’t of Highways, Utility Policy Manual part Ch. 3, eff. 3-19-7…

NAC 408.217 “Project” defined. (NRS 408.215) “Project” means any construction or reconstruction of an improvement which is completed pursuant to the authorization of the Department. (Added to NAC by Dep’t of Transportation, eff. 1-6-95)

NAC 408.220 “Reconstruction” defined. (NRS 408.215) “Reconstruction” means the construction of a highway or of its parts to a degree that new or substantially improved traffic service is provided and significant geometric or structural improvements are made. [Dep’t of Highways, U…

NAC 408.223 “Relocation” defined. (NRS 408.215) “Relocation” means the adjustment of a utility’s facility to accommodate a project of the Department. The term includes: 1. The removal and reinstallation of the facility, including any necessary temporary facilities; 2. The purchas…

NAC 408.225 “Right-of-way” defined. (NRS 408.215) “Right-of-way” has the meaning ascribed to it in NRS 408.080. [Dep’t of Highways, Utility Policy Manual part Ch. 3, eff. 3-19-77]

NAC 408.240 “Roadside” defined. (NRS 408.215) “Roadside” means: 1. The area adjoining the outer edge of the roadway; or 2. The extensive area between the roadways of a divided highway. [Dep’t of Highways, Utility Policy Manual part Ch. 3, eff. 3-19-77]

NAC 408.245 “Roadway” defined. (NRS 408.215) “Roadway” means the portion of a highway for vehicular use, including the shoulders and the portion of the highway within the limits of any construction. [Dep’t of Highways, Utility Policy Manual part Ch. 3, eff. 3-19-77]

NAC 408.247 “Salvage value” defined. (NRS 408.215) “Salvage value” means: 1. The money received from the sale of the property of a utility because of and at the expense of a project; or 2. The value of the recovered material which is charged to the account of the utility if the m…

NAC 408.250 “Shoulder” defined. (NRS 408.215) “Shoulder” means the portion of the roadway contiguous with the traveled way for the accommodation of stopped vehicles, emergency use and the lateral support of the base and surface. [Dep’t of Highways, Utility Policy Manual part Ch. …

NAC 408.265 “Traveled way” defined. (NRS 408.215) “Traveled way” means the portion of the roadway for the movement of vehicles, exclusive of the shoulders and auxiliary lanes. [Dep’t of Highways, Utility Policy Manual part Ch. 3, eff. 3-19-77]

NAC 408.290 “Utility” defined. (NRS 408.215) “Utility” has the meaning ascribed to it in NRS 408.407. [Dep’t of Highways, Utility Policy Manual Ch. 2 part § I, eff. 3-19-77] Reimbursement for Costs of Relocating Facilities

NAC 408.303 Date for eligibility for reimbursement. (NRS 408.215, 408.407) The date of an authorization establishes the date on and after which a utility becomes eligible for reimbursement of the costs incurred pursuant to the authorized phase of the work described in the authori…

NAC 408.307 Conditions for use of money received from State or Federal Government. (NRS 408.215, 408.407) 1. Money which is received from the State or Federal Government for projects and administered by the Department may be used to reimburse a utility for the costs of relocating…

NAC 408.309 Reimbursement for facility in place when highway became state highway. (NRS 408.215, 408.407) 1. A utility may be reimbursed for the costs of relocation if the facility was in place when the highway became a state highway. The reimbursement must include the costs rela…

NAC 408.311 Restrictions on use of money received from State or Federal Government. (NRS 408.215, 408.407) Money received from this State or the Federal Government and administered by the Department may not be used to reimburse a utility for the costs of relocation if the utility…

NAC 408.313 Installation of facility to accommodate project of Department. (NRS 408.215, 408.407) 1. If the installation of a utility’s facility which crosses or otherwise occupies the proposed right-of-way of a project of the Department has begun or is scheduled to begin before …

NAC 408.317 Engineering activities relating to relocation of facility eligible for reimbursement. (NRS 408.215, 408.407) 1. Preliminary engineering activities relating to the relocation of a utility’s facility which is eligible for reimbursement may be carried out by: (a) The eng…

NAC 408.319 Reimbursement for costs relating to purchase of replacement right-of-way. (NRS 408.215, 408.407) 1. Except as otherwise provided in this subsection, money which is received from the State or Federal Government for projects and administered by the Department may be use…

NAC 408.321 Compensation for facility taken out of service. (NRS 408.215, 408.407) If a utility’s facility is located on a project of the Department, and it is not necessary to adjust or replace the facility on the project because the facility will be taken out of service, any ta…

NAC 408.323 Completion of relocation of facility. (NRS 408.215, 408.407) The relocation of the utility’s facility must be completed: 1. By the employees of the utility; 2. Pursuant to a contract administered by the utility; 3. Pursuant to a contract administered by the Department…

NAC 408.327 Agreement for reimbursement: Contents. (NRS 408.215, 408.407) 1. If a utility is entitled to reimbursement for the relocation of a facility on a project of the Department, the utility and the Department shall enter into a written agreement concerning the relocation of…

NAC 408.329 Determination of cost of relocation. (NRS 408.215, 408.407) 1. The method used to determine the cost of relocation must: (a) Be approved by the Department; and (b) Ensure accurate and complete billings of the reimbursable costs of relocation. 2. If the estimated reimb…

NAC 408.331 Separate identification of work in written agreement for reimbursement: Requirements; exception. (NRS 408.215, 408.407) 1. If the written agreement required by NAC 408.327 includes provisions for: (a) The relocation of an existing facility of a utility which is not el…

NAC 408.333 Plans for relocation of facility. (NRS 408.215, 408.407) The plans required by paragraph (e) of subsection 2 of NAC 408.327 must: 1. Be sufficiently detailed and complete to enable the Department to analyze the proposed work; 2. Indicate the location, length, size, ty…

NAC 408.337 Itemized estimate of cost of relocation of facility: Contents. (NRS 408.215, 408.407) 1. The itemized estimate described in paragraph (f) of subsection 2 of NAC 408.327 must: (a) Include the estimated costs of: (1) Labor; (2) Construction overhead; (3) Materials; (4) …

NAC 408.339 Maintenance of records and accounts of relocation or adjustment of facility. (NRS 408.215, 408.407) A utility shall: 1. Maintain its records and accounts of the relocation or adjustment of the facility for at least 3 years after it receives the final payment for its r…

NAC 408.341 Authorization required before beginning work specified in agreement for reimbursement. (NRS 408.215, 408.407) 1. A utility shall not begin any work specified in the agreement described in NAC 408.327 unless it has: (a) Received authorization from the Department to beg…

NAC 408.343 Authorization of Department for adjustment of facility. (NRS 408.215, 408.407) 1. The Department will, for a project relating to the adjustments of a facility, provide the utility with specific authorization for each phase of the project. The Department may authorize:…