Nevada Administrative Code

NAC 408.353 Indirect costs: Distribution and allocation. (NRS 408.215, 408.407) The distribution and allocation of indirect costs must be made on a uniform basis which is reasonable, equitable and in accordance with generally accepted practices of cost accounting. (Added to NAC b…

NAC 408.357 Indirect costs: Eligibility for reimbursement. (NRS 408.215, 408.407) 1. Indirect costs which are not charged directly to accounts for work orders or construction accounts may be eligible for reimbursement if they are allocated equitably to the direct costs of relocat…

NAC 408.359 Labor surcharges reimbursable; bases for determination of reimbursement. (NRS 408.215, 408.407) 1. Labor surcharges, including charges for industrial insurance, insurance for liability and damage to property and benefits for employees of the utility are compensable. 2…

NAC 408.361 Materials and supplies: Cost of rehabilitation of facility reimbursable. (NRS 408.215, 408.407) 1. The costs of materials and supplies are reimbursable. Materials and supplies must be furnished from the utility’s stock, if available, except that they may be obtained f…

NAC 408.363 Materials recovered: Credit to project; sale. (NRS 408.215, 408.407) 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 percen…

NAC 408.367 Approval of reimbursement for total cost of removal of facility; abandonment of facility. (NRS 408.215, 408.407) 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…

NAC 408.369 Direct costs of handling and loading materials and supplies. (NRS 408.215, 408.407) 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 …

NAC 408.371 Costs of operation, minor maintenance and depreciation of equipment; rental of equipment. (NRS 408.215, 408.407) 1. The average or actual costs of operation, minor maintenance and depreciation of equipment owned by the utility are reimbursable. If equipment which is o…

NAC 408.373 Cost for transportation and subsistence of employees; cost for movement of materials, supplies and equipment. (NRS 408.215, 408.407) 1. The utility’s cost for the transportation and subsistence of employees which is directly attributable to the project is reimbursable…

NAC 408.377 Allowance credits for betterments to facility. (NRS 408.215, 408.407) 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 …

NAC 408.379 Billings. (NRS 408.215, 408.407) 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 utili…

NAC 408.403 Facility or encroachment upon state highway or right-of-way for state highway: Authorization required; extent of authorization. (NRS 408.215, 408.423) 1. Each facility or encroachment upon a state highway or right-of-way for a state highway must be authorized pursuant…

NAC 408.407 Transverse crossing and longitudinal encroachment of state highway: Requirements. (NRS 408.215, 408.423) 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 o…

NAC 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. (NRS 408.215, 408.423) 1. A longitudinal installation of a …

NAC 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. (NRS 408.215, 408.423, 484A.430) 1. The Department hereby adopts by reference the Manu…

NAC 408.413 Control of traffic. (NRS 408.215, 408.423) 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…

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, to 408.4386, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Dep’t …

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…