Title 35

NRS 408.537 State consent to close public road on public land: Application; notice; duties of planning agencies. 1. Upon receipt of an application for consent to close a public road on public land, the Department shall give written notice of the application to the planning agenci…

NRS 408.543 State consent to close public road on public land: Duties of Department. 1. The Department shall hold a hearing on an application to close a public road on public land within 45 days after it receives the written recommendation from the planning agency. The Department…

NRS 408.547 State consent to close public road on public land: Determination by Board; approval by inaction; certificate of consent. 1. The Board in deciding whether to grant or deny the consent of the State to close a public road on public land shall: (a) Balance the interests o…

NRS 408.5471 “Transportation facility” defined. As used in NRS 408.5471 to 408.549, inclusive, unless the context otherwise requires, “transportation facility” has the meaning ascribed to it in NRS 338.161. (Added to NRS by 2003, 2028; A 2015, 453; 2017, 538)

NRS 408.5473 Authority of Department to authorize transportation facilities. The Department may authorize a person to develop, construct, improve, maintain or operate, or any combination thereof, a transportation facility pursuant to NRS 408.5475 or 408.548. (Added to NRS by 2003…

NRS 408.5475 Submission of request to Department; contents of request. 1. A person may submit a request to the Department to develop, construct, improve, maintain or operate, or any combination thereof, a transportation facility. 2. The request must be accompanied by the followin…

NRS 408.548 Authority of Department to request submission of proposals; regulations. 1. If the Department receives a request regarding a transportation facility pursuant to NRS 408.5475 and the Department determines pursuant to the provisions of subsection 1 of NRS 408.5483 that …

NRS 408.5483 Approval of request or proposal: Determination of public purpose; staff reports; copy of request or proposal to be furnished to affected governmental entities; fee; approval contingent on entering agreement with Department; establishment of date for development of or…

NRS 408.5484 Certain submittals confidential until notice of intent to award contract is issued. 1. Any document or other information submitted to the Department in response to a request for proposals pursuant to NRS 408.548 by a person seeking a contract to develop, construct, i…

NRS 408.5485 Contract for transportation services. The Department may contract with a person whose request or proposal is approved pursuant to NRS 408.5483 for transportation services to be provided by the transportation facility in exchange for such payments for service and othe…

NRS 408.549 Federal, state or local assistance. The Department may take any action necessary to obtain federal, state or local assistance for a transportation facility that it approves and may enter into any contracts required to receive such assistance. The Department shall make…

NRS 408.5501 Definitions. As used in NRS 408.5501 to 408.55029, inclusive, the words and terms defined in NRS 408.55011 to 408.55019, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 2017, 531)

NRS 408.55011 “Council” defined. “Council” means the Telecommunications Advisory Council created by NRS 408.55028. (Added to NRS by 2017, 531)

NRS 408.55012 “Longitudinal access” defined. “Longitudinal access” means access to or the use of any part of a right-of-way that extends generally parallel to the right-of-way. (Added to NRS by 2017, 531)

NRS 408.55013 “Permit” defined. “Permit” means an encroachment permit issued by the Director pursuant to NRS 408.423 that specifies the requirements and conditions for performing work in a right-of-way. (Added to NRS by 2017, 531)

NRS 408.55014 “Right-of-way” defined. “Right-of-way” means land, property or any interest therein acquired or controlled by the Department for transportation facilities or other transportation purposes. (Added to NRS by 2017, 531)

NRS 408.55015 “Statewide telecommunications purposes” defined. “Statewide telecommunications purposes” means the development of the statewide network that meets the telecommunications needs of state agencies or serves another public purpose. (Added to NRS by 2017, 531)

NRS 408.55016 “Telecommunications facility” defined. “Telecommunications facility” means any cable, line, fiber, wire, conduit, innerduct, access manhole, handhole, tower, hut, pedestal, pole, box, transmitting equipment, receiving equipment, power equipment or other equipment, s…

NRS 408.55017 “Telecommunications provider” defined. “Telecommunications provider” means a telecommunications provider: 1. As defined in NRS 704.027; 2. That meets Federal Communications Commission and industry carrier class service guidelines; or 3. That is a political subdivisi…

NRS 408.55018 “Utility facility” defined. “Utility facility” has the meaning ascribed to it in 23 C.F.R. § 645.207. (Added to NRS by 2017, 531)

NRS 408.55019 “Wireless access” defined. “Wireless access” means access to and use of a right-of-way for the purpose of constructing, installing, maintaining, using or operating telecommunications facilities for wireless telecommunications. (Added to NRS by 2017, 532)

NRS 408.5502 Agreement required for longitudinal or wireless access to right-of-way by telecommunications provider; requirements for agreement; compensation required; types of compensation allowed. 1. Except as otherwise provided in NRS 408.55021, in addition to granting access t…

NRS 408.55021 Longitudinal or wireless access not granted where safety, efficiency or convenience of use by traveling public compromised. 1. The Department shall not grant any longitudinal access or wireless access pursuant to NRS 408.5502 if such access would compromise the safe…

NRS 408.55022 Costs of trenching and trench sharing to be proportionate and shared fairly among parties to agreement. 1. The Department shall provide for the proportionate sharing of costs between the Department and a telecommunications provider for joint trenching or trench shar…

NRS 408.55023 Monetary compensation must be deposited in State Highway Fund; in-kind compensation must be fairly valued by Department and used for statewide telecommunications purposes. 1. All monetary compensation collected by the Department pursuant to NRS 408.5502 and 408.5502…

NRS 408.55024 Department may offer use of and access to spare conduit and related facilities to telecommunications provider: Requirements; compensation rates; duties of Department. 1. The Department may offer a telecommunications provider use of and access to its spare conduit an…

NRS 408.55025 In-kind compensation: Types; valuation by Department. 1. In-kind compensation paid to the Department under an agreement entered into pursuant to NRS 408.5502 or 408.55024 may include, without limitation: (a) Conduit or excess conduit; (b) Innerduct; (c) Dark fiber; …

NRS 408.55026 Two or more telecommunications providers: Agreements must require shared obligation for compensation; joint and several liability; Department authorized to audit and review relevant records. 1. If the Department enters into an agreement with two or more telecommunic…

NRS 408.55027 Existing policies and procedures relating to utilities in rights-of-way not altered; factors Department may consider to determine insurance requirements; authority of Department to determine or dictate placement of telecommunications facilities; compliance with cert…

NRS 408.55028 Telecommunications Advisory Council: Creation; members; meetings; compensation; duties. 1. The Telecommunications Advisory Council is hereby created. 2. The Council consists of seven members appointed by the Governor. The Governor shall appoint to the Council: (a) O…

NRS 408.55029 Regulations. The Department shall adopt: 1. Regulations that: (a) Govern the installation, operation and maintenance of a telecommunications facility by a telecommunications provider which has been granted longitudinal access or wireless access to a right-of-way pur…

NRS 408.55048 Definitions. [Replaced in revision by NRS 226.700.]

NRS 408.55049 “Bank” defined. [Replaced in revision by NRS 226.703.]

NRS 408.55051 “Board of Directors” defined. [Replaced in revision by NRS 226.706.]

NRS 408.550515 “Digital infrastructure” defined. [Replaced in revision by NRS 226.709.]

NRS 408.55052 “Eligible costs” defined. [Replaced in revision by NRS 226.712.]

NRS 408.55053 “Eligible project” defined. [Replaced in revision by NRS 226.715.]

NRS 408.55054 “Executive Director” defined. [Replaced in revision by NRS 226.718.]

NRS 408.55055 “Federal accounts” defined. [Replaced in revision by NRS 226.721.]

NRS 408.55056 “Financing agreement” defined. [Replaced in revision by NRS 226.724.]

NRS 408.55057 “Governmental unit” defined. [Replaced in revision by NRS 226.727.]

NRS 408.55058 “Loan” defined. [Replaced in revision by NRS 226.733.]

NRS 408.55059 “Loan obligation” defined. [Replaced in revision by NRS 226.736.]

NRS 408.55061 “Other financial assistance” defined. [Replaced in revision by NRS 226.739.]

NRS 408.550615 “Other infrastructure related to economic development” defined. [Replaced in revision by NRS 226.742.]

NRS 408.55062 “Project revenue” defined. [Replaced in revision by NRS 226.745.]