[Rev. 11/21/2013 4:26:22 PM--2013]

[NAC-408 Revised Date: 7-11]

CHAPTER 408 - HIGHWAYS, ROADS AND TRANSPORTATION FACILITIES

INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS

General Provisions

408.010            Definitions.

408.013            “Authorization” defined.

408.015            “Backfill” defined.

408.033            “Betterment” defined.

408.055            “Casing” defined.

408.057            “Clear zone” defined.

408.070            “Conduit” defined.

408.083            “Cost of relocation” defined.

408.087            “Cost of removal” defined.

408.090            “Department” defined.

408.097            “Direct costs” defined.

408.103            “District engineer” defined.

408.117            “Encroachment” defined.

408.123            “Facility” defined.

408.145            “Freeway” defined.

408.175            “Highway” defined.

408.177            “Indirect costs” defined.

408.180            “Intersection” defined.

408.190            “Median” defined.

408.200            “Occupancy permit” defined.

408.215            “Pipe” defined.

408.217            “Project” defined.

408.220            “Reconstruction” defined.

408.223            “Relocation” defined.

408.225            “Right-of-way” defined.

408.240            “Roadside” defined.

408.245            “Roadway” defined.

408.247            “Salvage value” defined.

408.250            “Shoulder” defined.

408.265            “Traveled way” defined.

408.290            “Utility” defined.

Reimbursement for Costs of Relocating Facilities

408.303            Date for eligibility for reimbursement.

408.307            Conditions for use of money received from State or Federal Government.

408.309            Reimbursement for facility in place when highway became state highway.

408.311            Restrictions on use of money received from State or Federal Government.

408.313            Installation of facility to accommodate project of Department.

408.317            Engineering activities relating to relocation of facility eligible for reimbursement.

408.319            Reimbursement for costs relating to purchase of replacement right-of-way.

408.321            Compensation for facility taken out of service.

408.323            Completion of relocation of facility.

408.327            Agreement for reimbursement: Contents.

408.329            Determination of cost of relocation.

408.331            Separate identification of work in written agreement for reimbursement: Requirements; exception.

408.333            Plans for relocation of facility.

408.337            Itemized estimate of cost of relocation of facility: Contents.

408.339            Maintenance of records and accounts of relocation or adjustment of facility.

408.341            Authorization required before beginning work specified in agreement for reimbursement.

408.343            Authorization of Department for adjustment of facility.

408.347            Use of employees of utility or contractor for adjustment or relocation of facility.

408.349            Methods of developing and recording costs of relocation; lump-sum payments for relocation.

408.351            Salaries, wages and expenses related to relocation.

408.353            Indirect costs: Distribution and allocation.

408.357            Indirect costs: Eligibility for reimbursement.

408.359            Labor surcharges reimbursable; bases for determination of reimbursement.

408.361            Materials and supplies: Cost of rehabilitation of facility reimbursable.

408.363            Materials recovered: Credit to project; sale.

408.367            Approval of reimbursement for total cost of removal of facility; abandonment of facility.

408.369            Direct costs of handling and loading materials and supplies.

408.371            Costs of operation, minor maintenance and depreciation of equipment; rental of equipment.

408.373            Cost for transportation and subsistence of employees; cost for movement of materials, supplies and equipment.

408.377            Allowance credits for betterments to facility.

408.379            Billings.

General Requirements for Design and Location

408.403            Facility or encroachment upon state highway or right-of-way for state highway: Authorization required; extent of authorization.

408.407            Transverse crossing and longitudinal encroachment of state highway: Requirements.

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.

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.

408.413            Control of traffic.

408.417            Determination of likelihood of accident or injury of facility; ranking of work concerning improvement of safe operation of facility.

408.419            Conditions for installation of facilities traversing or adjacent to areas of scenic or natural beauty.

Occupancy Permits

408.427            Application; approval of local government.

408.429            Applicants for occupancy permits: Report on impact of traffic required; requirements for report.

408.431            Request for permit for landscaping.

408.433            Shelters or benches: Requirements.

408.437            Requirements for performance or cash bond.

Telecommunications Facilities

408.438            Definitions.

408.4382          “Community antenna television company” defined.

408.4384          “Right-of-way” defined.

408.4386          “Telecommunications facility” defined.

408.4388          Policy for accommodating facilities along highway rights-of-way.

408.4391          Exemption from certain provisions.

408.4392          Underground installation required; exception.

408.4394          Limitation on trenching, plowing or boring; exceptions; no limitation on number of applications.

408.4396          Minimum depth of installation.

408.4398          Occupancy permit: Contents of application; provision for additional information; evidence of approval.

408.4401          Publication of notice of application: Required under certain circumstances; written responses; copies to Department.

408.4402          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.

408.4404          Surety bond requirement; factors in determination.

408.4406          Annual occupancy permit: Application; issuance or renewal; limitations; surety bond requirement.

408.4408          Annual occupancy permit: Duties of provider of telecommunications or community antenna television company; authority of district office; grounds for revocation.

408.4411          Change to facility: Documentation; fee.

408.4412          Performance of inspections and repairs.

408.4414          Occupancy permit: Additional conditions.

408.4416          Occupancy permit: Revocable.

408.4418          Indemnification and liability.

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.

408.4422          Fees.

408.4424          Compliance with Department standards, terms and conditions.

Underground Installations

408.447            Standards for placement of utilities or pipes under state highway.

408.449            Marking and designation of underground utilities, pipes and conduits in right-of-way of highway.

408.451            Installation along highway with no curbs and gutters: Required markers.

408.453            Requirements for casing.

408.457            Copper wire required for facility without component of metallic construction.

408.459            Requirements for boreholes or pits.

408.461            Inspection and repairs of underground facilities.

Aerial Installations

408.467            Conditions for approval of aerial installations.

408.469            Aerial electrical or communication lines; National Electrical Safety Code adopted by reference; poles supporting crossings; poles for longitudinal installation.

Miscellaneous Provisions

408.523            Drainage of adjacent wetlands onto state highway prohibited; requirements for drainage systems; submission of plan for drainage.

408.527            Asphalt approaches.

408.533            Construction of left-turn storage lane.

408.537            Requirements for construction of curbs and gutters in right-of-way of highway.

408.543            Requirements for mailboxes or delivery boxes; occupancy permit not required.

408.547            Mailboxes and delivery boxes; location on certain residential streets or rural roads; requirements.

408.557            Authorization of direct access from freeway by locked gate.

ROADSIDE PARKS AND SAFETY REST AREAS

408.595            Occupancy.

408.600            Control of animals.

408.605            Fires.

408.610            Disposal of waste.

408.615            Prohibited acts.

TRANSPORTATION FACILITIES

General Provisions

408.650            Definitions.

408.651            “Apparent successful proposer” defined.

408.652            “Competitive range” defined.

408.654            “Financial close” defined.

408.656            “Project” defined.

408.658            “Proposal” defined.

408.660            “Proposer” defined.

408.662            “Qualification submittal” defined.

408.664            “Shortlist” defined.

408.666            “Solicited proposal” defined.

408.668            “Unsolicited proposal” defined.

Proposals for Transportation Facilities

408.670            Authority of Department in processing, reviewing and evaluating proposals.

408.672            Qualifications for award of contract.

408.674            Request for qualifications; qualification submittals; shortlisting.

408.676            Information required in unsolicited and solicited proposals.

408.678            Fee for processing, review and evaluation of unsolicited proposals.

408.680            Unsolicited proposal: Authority of Department to issue request for qualifications or request for proposals.

408.682            Unsolicited proposal: No appeal rights for proposer.

408.684            Request for qualifications and request for proposals: Notice requirements.

408.686            Evaluation of proposals: Authority and duties of Department.

408.688            Request for best and final offers: Authority and duties of Department.

408.690            Partial reimbursement for costs of proposal: Conditions and limitations.

Contracts for Transportation Facilities

408.692            Negotiation of contract: Authority and duties of Department; hearing requirement.

408.694            Requirements relating to awarded contracts.

408.696            Authority of Department upon executed contract: Authorization of licensing, permits, approvals or participation of other entities; oversight and review by Department.

Administrative Proceedings

408.698            Public meetings, hearings and other proceedings.

INFORMATIONAL AND DIRECTIONAL SIGNS FOR TOURISTS

General Provisions

408.700            Definitions.

408.701            “Attraction” defined.

408.702            “Business sign” defined.

408.704            “Department” defined.

408.706            “Director” defined.

408.708            “District engineer” defined.

408.710            “Exiting terminal” defined.

408.712            “Expressway” defined.

408.714            “Freeway” defined.

408.716            “Highway” defined.

408.718            “Interchange” defined.

408.720            “Intersection” defined.

408.722            “Main traveled way” defined.

408.724            “Panel” defined.

408.726            “Qualified business” defined.

408.728            “Responsible operator” defined.

408.730            “Roadway” defined.

408.732            “Rural area” defined.

408.734            “Trade name” defined.

408.736            “Traffic Engineer” defined.

408.738            “Trailblazer” defined.

408.740            “Visible” defined.

408.742            Applicability.

Panels

408.744            Installation and location.

408.746            Order of placement.

408.748            Contents; limit on number of business signs displayed; possible urban area limitation.

Business Signs: Type of Service and Qualifications of Service

408.750            Types of services or activities for which business signs may be displayed on panel.

408.751            Qualifications of service: Providing attraction.

408.752            Qualifications of service: Selling gasoline.

408.754            Qualifications of service: Providing food.

408.756            Qualifications of service: Providing lodging.

408.758            Qualifications of service: Providing space for camping.

408.760            Location of qualified business.

408.762            Supplemental panels.

Design and Contents of Panels, Business Signs and Trailblazers

408.764            Panels: Design of borders and size.

408.766            Design of business signs.

408.768            Design of panels: Directional arrows and legends; restriction; spaces between business signs.

408.770            Required contents of panels and supplemental panels.

408.772            Trailblazers: Placement and lettering.

Interstate Highway System and Freeways

408.774            Provisions applicable to interstate highway system and freeways.

408.776            Location of panel.

408.778            Restrictions on location of panel.

408.780            Supplemental panels.

408.782            Contents of panels.

408.786            Size of business signs.

408.788            Lettering on panels.

Expressways

408.790            Provisions applicable to expressways.

408.792            Placement of panels.

Application for Placing Business Sign on Panel

408.796            Period of acceptance; ranking; fee authorized in certain circumstances.

408.798            Application by responsible operator: Contents; assurances.

408.800            Acceptance of applications of businesses located more than 1 mile from interchange or intersection.

408.802            Approval of application by Traffic Engineer.

408.804            Denial of application by Traffic Engineer.

408.806            Duration of approval; renewal.

408.808            Notification of applicant and district engineer if application is approved.

408.810            Cancellation of application.

408.812            Supplemental sign for business providing diesel fuel.

Removal of Business Sign From Panel

408.814            Circumstances requiring removal.

408.816            Temporary removal.

408.818            Removal for noncompliance with regulations or at request of responsible operator.

408.820            Loss of order of priority of qualified business.

Miscellaneous Provisions

408.822            Inspection by Department.

408.824            Duties of responsible operator.

408.826            Fees.

408.828            Refund of fee.

408.830            Appeal of decision of Traffic Engineer.

 

INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS

General Provisions

      NAC 408.010  Definitions. (NRS 408.215)  As used in NAC 408.010 to 408.557, inclusive, unless the context otherwise requires, the words and terms defined in NAC 408.013 to 408.290, inclusive, have the meanings ascribed to them in those sections.

     (Supplied in codification; A by Dep’t of Transportation, eff. 1-6-95; R082-01, 11-1-2001)

      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. 3-19-77]

      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.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95)

      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 after it leaves the highway because the person has lost control of the motor vehicle.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95; A by R135-98, 10-3-2000)

      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, neat, clean and presentable condition.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95; A by R135-98, 10-3-2000)

      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 of Transportation, eff. 1-6-95)

      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 the office and support services.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95)

      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 part Ch. 3, eff. 3-19-77]

      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. 3-19-77]

      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, Utility Policy Manual part Ch. 3, eff. 3-19-77]

      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 purchase of any necessary right-of-way for the new location;

     3.  The moving, rearranging or changing of an existing facility, including the taking of any necessary safety and protective measures; and

     4.  The construction of the most economical replacement facility which is equal in utility to the existing facility and necessary for the continuous operation of the utility, the containment of the costs of a project or the sequence of the construction of the project by the Department.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95)

      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 material is retained for reuse or recycling.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95; A by R135-98, 10-3-2000)

      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. 3, eff. 3-19-77]

      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 authorization.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95)

      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 its facility, including any preliminary engineering services required by the Department’s project, if:

     (a) The utility has a right of occupancy in its existing location because it holds the fee, an easement or any other interest in real property which is compensable under eminent domain;

     (b) The utility occupies publicly owned lands which have not or will not be purchased by the Department, including public roads or street rights-of-way, pursuant to an agreement with a city, county or state agency if money is available for relocation;

     (c) The utility is owned by a public agency or political subdivision of the State and occupies publicly owned land, including public roads and street rights-of-way, and is not required by state law or agreement to relocate at its expense if the facility is not located pursuant to provisions of NRS 408.423;

     (d) The utility occupies private property and has a prescriptive easement for that property;

     (e) The utility occupies private property with the knowledge and consent of the owner of the property pursuant to a license or other form of consent;

     (f) For a project of a local government administered by the Department for highways which is not owned or maintained by the Department, any available federal money may be used for the cost of relocation occupying local streets and roads pursuant to a franchise agreement or any other agreement between a local government and the utility if:

          (1) The agreement specifically provides for appropriate pro rata participation by any available federal money; and

          (2) The utility furnishes to the Department a copy of its agreement for reimbursement; or

     (g) The utility occupies a right-of-way for a state highway and the occupancy was established pursuant to NRS, a franchise agreement or other agreement before the highway became a state highway.

     2.  A utility which claims a right of occupancy pursuant to:

     (a) Paragraph (a) of subsection 1, must submit to the Department proof of its right of occupancy.

     (b) Paragraph (b) of subsection 1, must furnish proof to the Department of the agreement with a local government to occupy the publicly owned land.

     (c) Paragraph (d) of subsection 1, must submit to the Department a statement signed by an officer of the utility under penalty of perjury declaring its prescriptive easement.

     (d) Paragraph (e) of subsection 1, must furnish proof to the Department of the owner’s permission to occupy the privately owned land.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95)

      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 related to any subsequent relocation of the facility.

     2.  The costs related to any addition or betterment to the facility are not eligible for reimbursement.

     3.  A claim for reimbursement must include a statement signed by an officer of the utility under penalty of perjury that the information set forth in the claim is accurate and complete and:

     (a) Proof that the facility was in place on or before the date the highway became a state highway; or

     (b) Proof that the facility was located pursuant to the provisions of NRS, a franchise agreement or other agreement with the appropriate city or county before the highway became a state highway and a copy of that agreement.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95; A by R135-98, 10-3-2000)

      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 occupies:

     1.  A highway or right-of-way for a highway granted pursuant to an occupancy permit;

     2.  An encroachment licensed pursuant to NRS 408.210;

     3.  A highway, street or road pursuant to a franchise agreement or any other agreement with a local government which requires the utility to relocate because a project is funded solely with money received from this state; or

     4.  A highway, street or road pursuant to a franchise agreement or any other agreement with a local government and the local government requires the utility to relocate its facility at the expense of the utility even though a portion of the project is administered by the Department.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95; A by R135-98, 10-3-2000)

      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 the right-of-way is purchased or controlled by the Department, each utility shall, if possible, install the facility to accommodate the schedule of the project in order to prevent additional adjustment or relocation of the facility.

     2.  Money which is received from the State or Federal Government for projects and administered by the Department may be used for any additional costs incurred by the utility if the costs are:

     (a) Solely attributable to, and in accommodation of, the project; and

     (b) Incurred after the utility received authorization from the Department for the additional work.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95)

      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 engineers of the utility;

     (b) An engineering consultant chosen by the utility, pursuant to a written contract administered by the utility, if the utility obtains the prior written approval of the Department;

     (c) An engineering consultant, chosen by the Department, at the request of and in consultation with the utility, if the Department administers the contract; or

     (d) The Department, if the utility requests the Department to perform the engineering activities and the Department determines that it can adequately perform the work.

     2.  If a utility does not have a sufficient number of qualified employees to carry out the purchase of the right-of-way, engineering or any other work relating to the relocation of its facility, any money which is received from this state or the Federal Government for the project and administered by the Department may be used to reimburse the utility for the money paid to engineers, architects and any other persons for engineering and other related services if the money for reimbursement is not based on a percentage of the cost of the relocation.

     3.  The utility and its engineering consultant shall enter into a written contract concerning the services to be provided and the fees and arrangements for those services. Money received from this state or the Federal Government for projects may be used to pay the reasonable costs of those services provided pursuant to a written continuing contract if the work is performed regularly for the utility.

     4.  If the utility wishes to obtain the engineering services pursuant to a written continuing contract, it must first submit to the Department:

     (a) The appropriate justification and information concerning the fees for those services; and

     (b) A copy of the contract.

     5.  If federal money is available for the project, the Department will obtain the written approval from the Federal Highway Administration for any contract which is expected to exceed $25,000.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95; A by R135-98, 10-3-2000)

      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 used to reimburse a utility for the costs to purchase a replacement right-of-way for the relocation of its facility if:

     (a) The utility has a right of occupancy in its existing location which entitles it to receive reimbursement from the Department for its cost of relocation; and

     (b) The purchase of the right-of-way is required to accommodate a facility which must be relocated because of a highway project.

Ê The money must not be used for reimbursement if there is a charge to the project for that portion of the utility’s existing right-of-way which will be transferred to the Department for establishing a highway.

     2.  If the utility does not have a sufficient number of qualified employees to carry out the purchase of a replacement right-of-way, it may request that the Department purchase the replacement right-of-way on its behalf if the utility provides the Department with the requirements for the right-of-way.

     3.  The Department will, if possible, purchase the utility’s replacement right-of-way when it purchases its own right-of-way.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95)

      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 taking of or damage to that facility, including the disposal or removal of that facility from the project, may be compensated with money which is received from the State or Federal Government for the projects and administered by the Department. The loss of the remaining use of the facility or future revenue because of the retirement of the utility’s facility is not compensable.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95)

      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; or

     4.  Any combination of subsections 1, 2 and 3.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95)

      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 that facility.

     2.  The written agreement must:

     (a) Describe the project which requires the relocation of the utility;

     (b) Designate the method which will be used to carry out the relocation of the facility;

     (c) Describe the method which will be used to determine the cost of relocation;

     (d) Describe any improvements which the utility will make to the facility, including any voluntary betterments which are not required by the project and any extensions of the utility’s facility proposed by the utility;

     (e) Include plans and specifications of the proposed relocation of the facility, if required;

     (f) Include an itemized estimate of the cost of relocation; and

     (g) Include a schedule for the completion of the relocation of the facility.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95)

      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 reimbursable cost of relocation is:

     (a) Not more than $100,000, the Department and the utility may enter into an agreement for a payment in a lump sum upon the completion of the work without a verification of the cost by an audit; or

     (b) More than $100,000, the cost of relocation must, if possible, be determined on the basis of direct costs and related indirect costs accumulated in accordance with an accounting system for work orders prescribed by the federal or state agency which regulates the utility.

     3.  If an accounting system for work orders is not prescribed by a federal or state agency, the Department will review the accounting system of the utility and, if necessary, assist the utility in establishing an accounting system for work orders.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95; A by R135-98, 10-3-2000)

      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 eligible for reimbursement; or

     (b) An extension of a utility’s facility which is not required by a project of the Department,

Ê the work must be clearly and separately identified in the agreement. The agreement must include an estimate of the cost of the work and clearly indicate that the work will be completed at the utility’s expense.

     2.  The work which is not eligible for reimbursement must:

     (a) Be identified by a separate work order for the control of the costs of construction; and

     (b) Not be billed to the Department.

     3.  If the reimbursable and nonreimbursable existing facilities of a utility are so intermingled on a project as to make the control of construction costs by separate work orders impracticable, the utility may, with the prior approval of the Department, calculate its reimbursement and estimate on a pro rata basis of reimbursable and nonreimbursable estimated costs. The pro rata percentage derived from the estimate must be applied to the direct costs and related indirect costs for preliminary engineering and relocation to determine the reimbursable amount owed to the utility.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95)

      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, type, class and relevant operating conditions and features of design of each existing facility or proposed temporary or permanent facility, including any proposed changes, adjustments, relocations, removals and abandonments and all appropriate nomenclatures, symbols, legends, notes, color-codings and other identifications used in the plans;

     3.  Indicate the project, scale of the plan and the date the plan was prepared, horizontal and, if appropriate, vertical location of the existing, proposed or temporary facility concerning the alignment of the project, geometric features, right-of-way, stationing, grades, structures and other facilities and, if applicable, access control lines;

     4.  Indicate the limits of the right-of-way to be purchased from, by or on behalf of the utility, if applicable;

     5.  Indicate by symbols or notes any work which will be performed solely at the utility’s expense; and

     6.  Indicate each facility to be adjusted, even if reimbursement is not claimed for the facility.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95)

      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) Supplies;

          (5) Handling charges;

          (6) Transportation;

          (7) Equipment;

          (8) Rights-of-way; and

          (9) Preliminary and construction engineering.

     (b) Separate and identify credits in detail, including credits for salvage, betterments and accrued depreciation.

     (c) Include the major components of materials.

     (d) Include the factors relating to construction overhead.

     (e) Include a statement of the utility’s compensable interests upon which its claim for reimbursement is made.

     (f) Include a statement describing the method for continuing, preserving, relinquishing or extinguishing the occupancy rights of the utility.

     (g) Include a statement that any facility which is relocated or adjusted within the right-of-way must be relocated or adjusted pursuant to the provisions of NAC 408.010 to 408.557, inclusive.

     2.  Unit costs, including average labor rates and broad gauge units of property, may be used to estimate the cost of relocation if the utility uses those rates or units in its operations and they represent direct costs and related indirect costs.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95)

      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 reimbursable costs of relocation from the Department; and

     2.  Make those records available, upon request, for inspection or audit by representatives of the Department or the Federal Highway Administration.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95)

      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 begin work; and

     (b) Notified the Department of the scheduled date for beginning that work.

     2.  Any work performed before the utility:

     (a) Receives authorization from the Department; or

     (b) Notifies the Department of the scheduled date for beginning the work,

Ê is not eligible for reimbursement.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95)

      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:

     (a) Preliminary engineering services, including examinations at the site of the project and the preparation of plans, estimates and proof of reimbursable costs; and

     (b) The utility to begin the adjustment or relocation if a written agreement has been entered into between the Department and the utility.

     2.  Any work which a utility performs before it receives authorization from the Department or which exceeds the scope of the authorization is not eligible for reimbursement.

     3.  The Department may issue a written authorization for specific items, including the relocation of a facility, except that the costs incurred by the utility must be limited to those facilities for which the utility establishes proof of compensable interests.

     4.  The Department may authorize a utility to begin work on the adjustments before it has entered into an agreement with the utility if:

     (a) The utility has submitted to the Department an estimate of the cost for the adjustments; and

     (b) A written agreement between the Department and utility is entered into as soon as possible.

     5.  If a proposed relocation or adjustment authorized by the agreement is determined to be unfeasible, the Department will authorize a written change order to the agreement for any change which is required for the proposed relocation or adjustment. The utility must provide a written analysis and a revised estimate of the costs and plans to justify the change order.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95)

      NAC 408.347  Use of employees of utility or contractor for adjustment or relocation of facility. (NRS 408.215, 408.407)

     1.  Except as otherwise provided in subsection 2, a utility shall use its employees and equipment to construct the adjustments or relocation of its facility.

     2.  If the utility is not able to perform the work with its employees or equipment at a time which is convenient to and in coordination with the project, the work may be done:

     (a) By the lowest qualified bidder pursuant to a contract awarded by the Department, if requested by the utility, or a contract awarded by the utility;

     (b) As part of the project administered by the Department pursuant to an agreement between the utility and the Department; or

     (c) By a contractor pursuant to a written contract between the utility and the contractor if the utility demonstrates to the Department that it regularly uses that contractor for its work.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95)

      NAC 408.349  Methods of developing and recording costs of relocation; lump-sum payments for relocation. (NRS 408.215, 408.407)

     1.  The utility shall record its cost of relocation pursuant to a system for work orders approved by the Department unless another method of developing and recording costs is approved by the Department.

     2.  Except for work done pursuant to a contract, the individual and total cost of relocation must be recorded in the utility’s accounts. The Department may inspect those accounts to verify that the costs billed by the utility are adequately supported by the utility’s financial records in accordance with the approved method for developing those costs.

     3.  If the reimbursable cost of relocation is paid in a lump sum pursuant to an agreement between the utility and the Department, the lump sum must not exceed the maximum amount eligible for reimbursement by the Department or Federal Highway Administration.

     4.  The utility shall cooperate with the inspector assigned by the Department to the site of the utility’s relocation to ensure that accurate and complete documentation of the costs of labor, materials and equipment are recorded.

     5.  The utility’s system for work orders or other accounting procedure must indicate:

     (a) The nature of each addition to or retirement from a facility;

     (b) The total costs of the facility; and

     (c) The source of those costs.

     6.  As used in this section, “system for work orders” means a procedure for accumulating and recording into the separate accounts of a utility all its costs concerning any change in its system or plant.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95)

      NAC 408.351  Salaries, wages and expenses related to relocation. (NRS 408.215, 408.407)

     1.  The salaries and wages and any related expenses paid by the utility for work performed on the project are reimbursable, including labor for:

     (a) Preliminary engineering services;

     (b) Construction engineering;

     (c) The purchase of the right-of-way; and

     (d) The relocation of the facility.

     2.  The salaries and wages paid by the utility must be:

     (a) Equal to the rates the utility pays for work performed on behalf of the utility; and

     (b) In accordance with the utility’s contracts.

     3.  The salaries and expenses of the supervisors, managers and other necessary employees of the utility may be reimbursed for time worked directly on the project if the work performed is essential to the project and could not have been completed as economically by persons outside the organization.

     4.  The money paid by the utility to engineers, right-of-way consultants, appraisers, architects or any other persons for essential or specialized services directly related to the project is compensable if those services are provided pursuant to written agreements approved by the Department.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95)

      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 by Dep’t of Transportation, eff. 1-6-95)

      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 relocation or adjustment. All indirect costs billed by the utility are eligible for reimbursement by the Department or Federal Highway Administration if the costs incurred by the utility are reasonable.

     2.  The records for indirect costs billed to the Department must:

     (a) Indicate the total amount, rate and basis for allocation for each additional expense; and

     (b) Be maintained and available for inspection by the Department or Federal Government for 3 years after the Department makes the final payment for the relocation or adjustment.

     3.  Indirect costs which are not eligible for reimbursement include, without limitation, costs relating to:

     (a) Advertising;

     (b) The promotion of sales;

     (c) The interest paid to borrow money;

     (d) The interest for advances for construction costs;

     (e) The issuance of stock;

     (f) Bad debts;

     (g) Uncollectible accounts receivable;

     (h) Contributions;

     (i) Donations;

     (j) Entertainment;

     (k) Fines;

     (l) Penalties;

     (m) Lobbying; and

     (n) Programs for research.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95)

      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.  The Department will reimburse labor surcharges based on the:

     (a) Cost to the utility; or

     (b) Average rates which are representative of actual costs, subject to prior approval of the Federal Highway Administration. Average rates must be adjusted at least annually to reflect known anticipated changes and to correct for any variance of the applied costs for the preceding period.

     3.  If the utility is self-insured, the Department will reimburse costs for insurance based on experience rates properly developed from actual costs. The self-insured rates may not exceed the rates of an insurance company for the class of employment covered.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95)

      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 from other sources near the project if they are available at a lower cost.

     2.  If the materials and supplies are not available from the utility’s stock, they may be purchased pursuant to competitive bids or existing continuing contracts. Small quantities of materials and supplies and proprietary products used in the utility’s operation which are necessary for the maintenance of the system’s compatibility may be excluded from the requirements of this section.

     3.  The Department will not require a utility to reduce its standards for materials used for permanent changes to a facility which are required by a project of the Department.

     4.  Materials and supplies which are:

     (a) Furnished from the utility’s stock must be billed at the prices for which they were purchased.

     (b) Not furnished from the utility’s stock must be billed according to the cost charged to the utility, including delivery to the site of the adjustment or relocation.

     5.  A reasonable cost for inspecting or testing a plant may be included in the cost of the materials and supplies.

     6.  The computation of the costs of materials and supplies must include a deduction for any offered discount, rebate or allowance.

     7.  Any sales or excise tax paid by the utility for its materials and supplies may be reimbursed if payment of the sales or excise tax is required by law or ordinance.

     8.  The cost of rehabilitating a utility’s facility to comply with the requirements of the project are reimbursable if the cost does not exceed the cost to replace the facility.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95)

      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 percent of the prices charged to the project.

     2.  Materials recovered from a permanent facility of the utility which are accepted by the utility for return to stock must be credited to the project at the depreciated stock price for those materials at the time the materials are returned to stock.

     3.  Materials recovered which are not accepted for reuse by the utility, if determined by the Department to have a net sale value, must be sold to the highest bidder by the Department or the utility after inspection and solicitation for bids. If the utility conducts the sale, it must obtain the prior written approval of the Department.

     4.  The net proceeds from the disposal of salvaged materials must be credited to the project. If the utility uses a system of periodic disposal by sale, credit to the project must be at the prevailing prices as indicated by the records of the utility.

     5.  If no market exists upon which to base current stock prices for used specialized equipment or materials, the utility may dispose of the equipment or materials by direct sale if it demonstrates that the sale:

     (a) Complies with its established practices;

     (b) Yields a greater value credit to the project than would likely be achieved by the disposal at a public auction or through the solicitation of bids; and

     (c) Is an arms-length transaction between nonaffiliated persons.

     6.  The money from the sale, less the expenses of the sale and handling charges, must be credited to the Department.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95)

      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 or the existing facility cannot be abandoned in place for aesthetic or safety reasons. If the utility abandons the facility in place and removes and recovers the materials, the Department will not reimburse the utility for the costs of removal which are greater than the salvage value of the materials.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95)

      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 at its stores or material yards,

Ê are reimbursable.

     2.  Average rates which are representative of actual costs may be used in lieu of actual costs, if approved by the Department.

     3.  The average rates must be adjusted at least annually for anticipated changes and corrections to any applied costs for the preceding period. The utility may elect to receive as reimbursement:

     (a) Five percent of the amount billed for the materials and supplies issued from its stores or material yards; or

     (b) The value of the recovered materials in lieu of the actual or average costs for handling.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95)

      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 owned by the utility is not available, the utility is entitled to receive reimbursement for the money paid to rent the equipment from the lowest qualified bidder or to obtain the equipment pursuant to existing continuing contracts at reasonable rates.

     2.  If the rental of equipment by competitive bidding or pursuant to a continuing contract is impractical because of the location or schedule of the project, the utility may obtain the rental equipment without bidding or a continuing contract if the money paid for the rental of the equipment does not exceed the prevailing rates for that rental equipment in the area.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95)

      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.

     2.  The reasonable cost for the movement of materials, supplies and equipment to the project and the return to storage, including the cost of loading and unloading the equipment, is reimbursable.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95)

      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 of the replacement of a utility’s facility including a building, pumping station, filtration plant, power plant, substation or any other similar operational unit, must be credited to the project. Credit for accrued depreciation is not required for the replacement of a part of a utility’s service, distribution or transmission lines.

     3.  Credit for a betterment is not required for an addition or improvement which:

     (a) Is required by the project.

     (b) Replaces a device or material which equals the requirements of the device or material which is replaced.

     (c) Replaces a device or material which is not regularly manufactured with a device or material of the next highest grade or size available.

     (d) Is required by law.

     (e) Is required by the design practices regularly used by the utility in its work and which provides a direct benefit to the project.

     4.  Credit for accrued depreciation for a project is not required for an operational unit of a utility, including a building, pumping station, filtration plant, power plant and substation, which is rehabilitated or moved to accommodate a project.

     5.  The allowance of credits required by the provisions of this section may not exceed the cost of the additions or improvements required by the project.

     6.  As used in this section, “accrued depreciation” means an amount equal to the ratio between the actual length of service and the total life expectancy applied to the original cost of the operational unit.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95)

      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 utility incurs. The cost of materials stored at the site of the project or specifically purchased and delivered to the utility for use on the project may be reimbursed pursuant to the progress billings.

     2.  The utility may provide progress billings to the Department and shall, at the earliest practicable date, provide a final and complete billing of all remaining costs incurred or the lump-sum amount which is due.

     3.  Each billing must:

     (a) Include the number of the agreement; and

     (b) Indicate whether it is a progress billing or final billing.

     4.  Each billing, except a bill for a lump-sum amount, must include:

     (a) The major components of materials and supplies;

     (b) The amount charged for labor by hours, class and rate; and

     (c) The equipment used by hour and rate.

     5.  The utility shall submit three copies of each billing to the Department.

     6.  The Department will, within 60 days after it receives a final billing from the utility, pay the utility an amount equal to at least 95 percent of the cost of the relocation. The Department will pay the utility the remaining amount of the cost of relocation after it has conducted an audit of the cost of relocation.

     7.  As used in this section, “progress billing” means a bill issued by a utility to the Department before a final billing which sets forth the costs of the work completed by the utility during a specific period of the relocation of a utility’s facility.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95)

General Requirements for Design and Location

     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 to a permit to occupy or use the right-of-way unless the occupancy was established before the highway became a state highway.

     2.  Except as otherwise provided in NAC 408.442, if the Department does not have a fee interest in the property upon which the state highway or right-of-way is located, the owner of the facility or other encroachment upon the state highway or right-of-way must obtain an occupancy permit and the consent of the owner of the property upon which the state highway or right-of-way is located.

     3.  The Department will allow the joint use of state highways or rights-of-way for state highways if essential service to the general public is provided and joint use can be accommodated within the state highway or right-of-way without substantially affecting the operation, safety, maintenance or aesthetics of the state highway.

     4.  The Department will perpetuate the existing rights of a utility which is required to relocate a facility because or in accommodation of a project of the Department if the utility had a prior compensable interest in the property.

     5.  An occupancy permit issued by the Department authorizes the permittee to occupy the state highway or right-of-way only to the extent of the interest therein of the State of Nevada and the Department, and the occupancy permit does not confer upon the permittee any rights to or interest in the underlying fee or other property interests therein of another person, if any.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95; A by R082-01, 11-1-2001)

      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 or encroachment is less than 1/2 mile (0.8 kilometer). A longitudinal encroachment of a state highway by a line of a private utility if the length of the crossing or encroachment is more than 1/2 mile (0.8 kilometer) must be proven by the owner of the utility to be in the public interest. The Department will allow such an encroachment if the private line provides service to the general public or a significant segment thereof.

     2.  The owner of a private utility who wishes to place a longitudinal encroachment which is more than 1/2-mile (0.8 kilometer) long in the right-of-way of a state highway must file an application with the Department. The application must include:

     (a) The service which will be provided by the utility;

     (b) The specific market or segment of the public which will be served;

     (c) The location or distribution of the segment of the public which will be served;

     (d) The basis for marketing the commodity or service conveyed; and

     (e) Any economic benefits which will accrue to this state or the residents of this state if the application is approved.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95; A by R135-98, 10-3-2000)

      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 utility’s facility upon a state highway or right-of-way of a state highway must be made as far from the traveled way as possible.

     2.  The Department hereby adopts by reference:

     (a) A Guide for Accommodating Utilities Within Highway Right-of-Way, 1994 edition, and any subsequent edition issued by the American Association of State Highway and Transportation Officials, which has been approved by the Department for use in this state. 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 American Association of State Highway and Transportation Officials. The Department will review each edition issued after the 1994 edition to ensure its suitability for this state. The most recent edition that has been approved by the Department may be obtained from the Department of Transportation, 1263 South Stewart Street, Carson City, Nevada 89712, for the price of $6.

     (b) The Roadside Design Guide, 1996 edition, and any subsequent edition issued by the American Association of State Highway and Transportation Officials, which has been approved by the Department for use in this state. 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 American Association of State Highway and Transportation Officials. The Department will review each edition issued after the 1996 edition to ensure its suitability for this state. The most recent edition that has been approved by the Department may be obtained from the Department of Transportation, 1263 South Stewart Street, Carson City, Nevada 89712, for the price of $55.

     3.  The Department will use the publications described in subsection 2 to determine whether the placement of a utility’s facility which is mounted on the ground or an encroachment which is above the ground is acceptable or must be altered, or, if it cannot be altered, what measures must be taken to ensure highway safety.

     4.  If a utility’s facility or other authorized encroachment is placed within any state highway, the utility or the owner of the encroachment shall restore all highway facilities, appurtenances, natural features and vegetation disturbed in the placement of the encroachment to a condition which is at least comparable to the condition which existed before the placement of the encroachment.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95; A by R135-98, 10-3-2000)

      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 Manual on Uniform Traffic Control Devices, 1988 edition, and any subsequent edition issued by the Federal Highway Administration of the United States Department of Transportation which has been approved by the Department for use in this state. Each new edition shall be deemed approved by the Department within 60 days after the date of publication by the Federal Highway Administration. The Department will review each edition issued after the 1988 edition to ensure its suitability for this state. The most recent edition that has been approved by the Department may be obtained from the Department of Transportation, 1263 South Stewart Street, Carson City, Nevada 89712, for the price of $57.

     2.  All construction upon a state highway or within a right-of-way for a state highway must comply with the requirements set forth in the Manual on Uniform Traffic Control Devices, adopted by reference pursuant to subsection 1.

     3.  The Department may approve a longitudinal installation of a utility’s facility upon the part of a freeway where access is controlled if:

     (a) The placement of the facility outside that part of the freeway where access is controlled would damage or disrupt wetlands or remove agricultural lands used for the production of crops, or if no practical alternative is available and the right-of-way for the highway upon which the facility is located is not expected to be used for expansion of the highway; or

     (b) A private right-of-way is not available or the cost of construction of a private right-of-way would be prohibitively expensive.

     4.  A utility which wishes to make a longitudinal placement of a facility upon the part of a freeway where access is controlled must:

     (a) Submit a written request and evaluation, including the alternatives considered and the cost estimate for each alternative. The estimates must clearly demonstrate that the longitudinal encroachment is the most practicable and feasible of the available alternatives.

     (b) Demonstrate that the longitudinal encroachment upon that part of the freeway would:

          (1) Benefit the public and the users of the highway; and

          (2) Not adversely affect the use, operation, maintenance or expansion of the highway.

     5.  The Department will not approve a longitudinal placement of a facility upon the part of a freeway where access is controlled unless the facility will:

     (a) Be located at or as near as possible to the limits of the control and as far from the roadway as practicable;

     (b) Not be placed within the clear zone without taking appropriate measures to protect the users of the highway;

     (c) Be constructed and maintained without allowing access from the main traveled way or connecting ramps of the freeway, if possible; and

     (d) Be constructed and maintained in such a manner as to reduce significantly the hazard to or provide the maximum safety of the facility and the users of the highway if the facility fails.

     6.  The utility must submit to the Department a plan for controlling traffic which:

     (a) Allows access for construction and maintenance activities; and

     (b) Protects the traffic on the freeway during those construction and maintenance activities.

     7.  The Department will:

     (a) Approve only facilities which require limited and infrequent maintenance for placement upon the area of a freeway where access is controlled.

     (b) Not approve the placement of any facility from which service connections will be made except for a facility which is used exclusively for the highways.

     (c) Except for aerial lines for communications, not approve the longitudinal placement of a facility located above the ground upon an area of the freeway where access is controlled. Such aerial facilities must be limited to the construction of a single pole which includes a vertical arrangement of conductors and cables.

     8.  As used in this section, “main traveled way” has the meaning ascribed to it in NAC 408.722.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95; A by R135-98, 10-3-2000)

      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 Control Devices, adopted by reference pursuant to subsection 1 of NAC 408.411.

     2.  If the flow of traffic will be disrupted or other conditions at the site require, the utility shall submit a written plan for controlling traffic to the Department for approval by the district engineer before any work may begin upon the right-of-way of the highway.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95; A by R135-98, 10-3-2000)

      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 accident to the users of the highway, as indicated by safety studies or the history of accidents, the Department will, after consulting with the utility, require it to make certain changes to reduce the probability of injury or accident. The changes required by the Department may include changes to the highway or the utility’s facility.

     2.  The Department will rank all work concerning the improvement of the safe operation of a facility in order of priority in relation to other programs concerning highway safety in such a manner as to ensure the greatest benefit for the least cost.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95)

      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-way of a state highway which traverses or is adjacent to areas of scenic or natural beauty, including public park and recreation lands, wildlife and waterfowl refuges, historic sites as described in 23 U.S.C. § 138, scenic strips, overlooks, rest areas or landscaped areas.

     2.  The Department may approve the installation of a utility’s facility within the right-of-way of a state highway described in subsection 1 if the underground or aerial installations do not require extensive removal or alteration of trees or terrain features visible to the users of the highway or impair the aesthetic quality of the area being traversed.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95)

Occupancy Permits

      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 centerline and right-of-way lines, mileposts and highway engineering stationing in relation to the proposed facility or other encroachment;

     (b) Color coding, with a legend which indicates:

          (1) The facility to be installed in red;

          (2) The facility to be removed, abandoned or adjusted in green; and

          (3) The location of each existing facility in blue;

     (c) Directional orientation, including arrows pointing north and tangent bearings which are drawn to engineering or architectural scale;

     (d) The widths, boundaries, property lines and significant topographic features of the right-of-way of the highway;

     (e) Profile or cross-section drawings indicating the proposed overhead or underground utility or drainage installations in relation to the highway;

     (f) The location of any existing facility if any change, extension or addition to the existing facility is proposed; and

     (g) A map of the area where the proposed facility or encroachment will be located.

     2.  The Department will not authorize:

     (a) The placement of any encroachment which is not necessary for the development, use or enjoyment of the property adjacent to the highway or which is not otherwise clearly in the public interest; or

     (b) The placement of a monument within the right-of-way of a highway at the entrance of a subdivision or other development.

     3.  The Department may require a change in the prior approval of the placement of a facility or other encroachment within a right-of-way of a state highway if the change is necessary to protect the users of the highway or the facility. If the Department has issued an occupancy permit for the facility or encroachment, the required change must be made at the expense of the owner of the facility or encroachment.

     4.  A person who is issued an occupancy permit that authorizes the placement of an encroachment within the right-of-way of a highway shall obtain the approval required by a local government for the proposed improvement. If the approval of a local government differs from the approval granted by the Department, the holder of the permit shall coordinate the resolution of all differences between the Department and the local government.

     5.  As used in this section, “monument” means an object or structure that identifies or advertises a development or subdivision.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95; A by R135-98, 10-3-2000)

      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 intersections which serve major traffic generators. The report must be prepared by a professional engineer who is licensed in this state and possesses experience in transportation planning and traffic engineering.

     2.  The report must contain:

     (a) The type and extent of the proposed development, including any planned expansion.

     (b) A scaled plan of the site of proposed development. The plan must:

          (1) Indicate the location of streets and highways adjoining the proposed development including the proposed points of access from the site to the adjoining streets and highways;

          (2) Indicate the location of the proposed buildings, driveways and parking areas within the development; and

          (3) Include a diagram of the proposed pattern of traffic within the development.

     (c) A detailed description of current conditions of the flow of traffic on the highways and adjoining streets and intersections, including the existing points of access, patterns of traffic and posted speed limits for those highways and streets, without a consideration of the additional traffic that is anticipated to be generated by the proposed development.

     (d) The projected amount of traffic to be generated by the proposed development, at the completion of the initial development and, if the development is to be completed in phases, for each year before the additional phase of development is completed.

     (e) An analysis of the impact of traffic on the existing highways and adjoining areas by the additional traffic anticipated to be generated by the proposed development, at the completion of the initial development and, if the development is to be completed in phases, for each year before the additional phase of development is completed. Any projections for future conditions must also include increases in traffic expected on the highways and streets studied separately from traffic attributable to the development that is the subject of the report.

     (f) Recommendations to mitigate any adverse effect on existing or anticipated future flows of traffic on the highways and streets assessed which is attributable to the proposed development. Measures to mitigate anticipated adverse effects may include, without limitation, the:

          (1) Installation of traffic signals at key intersections identified in the report;

          (2) Widening of the highways or streets to accommodate adequately additional volumes of traffic attributable to the proposed development; and

          (3) Construction of street medians or islands to control the movement of traffic in and around the proposed development.

     (g) A detailed description of the:

          (1) Methods used to prepare the report;

          (2) Source of information used in the report for existing volumes of traffic and projected future increases in volumes of traffic; and

          (3) Procedures used for an analysis of the data included in the report.

     3.  The Department will include in the permit authorizing access from the state highway to the proposed development, specific conditions that must be complied with by the developer of the proposed site, including the installation of improvements to the highway which may include, without limitation, the recommendations set forth in paragraph (f) of subsection 2.

     4.  Additional information concerning the preparation of reports on the impact of traffic from proposed developments on existing highways and streets is available at no cost from the Traffic Engineer of the Department of Transportation, 1263 South Stewart Street, Carson City, Nevada 89712, or from one of the following district offices of the Department located at 123 East Washington Avenue (P.O. Box 170), Las Vegas, Nevada 89101, 310 Galletti Way (P.O. Box 930), Reno, Nevada 89504, or 1951 Idaho Street, Elko, Nevada 89801.

     5.  As used in this section, “major traffic generator” means the site of a proposed development with an anticipated volume of traffic ingressing and egressing the site through a vehicular point of access:

     (a) At a rate of 100 or more vehicles during the anticipated peak hour of flow of traffic; or

     (b) That contributes to areas of traffic congestion or areas with high rates of accidents.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95; A by R135-98, 10-3-2000)

      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 connection with the required development of the site, including approaches, curbs, gutters and sidewalks.

     2.  Each request for a permit for landscaping must contain specific plans for the landscaping, including:

     (a) The type of plants and the botanical name of each species;

     (b) The type of planters;

     (c) The type of system for irrigation; and

     (d) The method for grading the landscape.

     3.  If factors relating to sight distance or the clear zone are applicable, all plants proposed for use must be approved by the Department before the permit for landscaping will be issued by the Department. Solid objects may not be used in landscaping within a clear zone.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95; A by R135-98, 10-3-2000)

      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 highway pursuant to an occupancy permit:

     (a) Granted for each shelter or bench; or

     (b) Which includes the jurisdictional area of the local government or public transportation authority.

Ê The permit must be issued to the local government or public transportation authority even if the shelter or bench is placed and owned by a private contractor or provider.

     2.  A shelter used by persons waiting for public buses must:

     (a) Except for the support framework and roof, be constructed of durable and transparent materials;

     (b) Not create a safety hazard;

     (c) Not obstruct the sight of motorists; or

     (d) Not create an unreasonable impediment to pedestrian traffic.

     3.  A shelter must not be longer than 18 feet (5.5 meters) or deeper than 6 feet (1.8 meters).

     4.  Shelters and benches must be regularly maintained by the owners of the shelters and benches.

     5.  Shelters and benches which are financed or supported by displays for advertising placed thereon or appurtenant thereto may be allowed if the advertising is not greater than 48 square feet (4.5 square meters) per shelter or 32 square feet (3 square meters) per bench. The local government or public transportation authority shall ensure that shelters or benches are placed only to serve the members of the public and that additional shelters or benches are not placed primarily to accommodate displays for advertising.

     6.  A shelter and any appurtenant displays for advertising may be lighted. Flashing or moving lights are prohibited. The lighting must not be so bright or misdirected as to blind or distract motorists. Any appurtenant lighted display for advertising must not be lighted in greater intensity than other parts of the shelter.

     7.  Any shelter or bench which does not comply with the provisions of this section or is otherwise determined by the district engineer to create a traffic or pedestrian hazard must be corrected or removed immediately by the holder of the occupancy permit.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95; A by R135-98, 10-3-2000)

      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 occupancy permit to ensure the successful and timely completion of the improvements.

     2.  The district engineer shall, in determining whether a bond is necessary, consider:

     (a) The experience of the Department with the holder of the permit;

     (b) The potential disruption to the maintenance or operation of the highway if the placement of the authorized improvements is approved; and

     (c) The potential for increased hazards to the users of the highway if the proposed improvement is not placed in a timely manner or is placed in a manner inconsistent with the provisions of the permit.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95; A by R135-98, 10-3-2000)

Telecommunications Facilities

      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 Transportation by R082-01, eff. 11-1-2001)

      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 408.4384  “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 likely to be disposed of,

Ê in accordance with the provisions of NRS 408.523, 408.527 or 408.533.

     (Added to NAC by Dep’t of Transportation by R082-01, eff. 11-1-2001)

      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 device of a provider of telecommunications or a community antenna television company that is used to transmit, receive, produce or distribute a wireless, wireline, electronic or optical signal for communication.

     (Added to NAC by Dep’t of Transportation by R082-01, eff. 11-1-2001)

      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 Act of 1996, Public Law 104-104, 110 Stat. 56-161, when such use and occupancy of the state highway or highway right-of-way do not adversely impact highway or traffic safety, or otherwise impair unreasonably the state highway, or its aesthetic quality, and do not conflict with federal, state and local laws and regulations, including any rights of underlying property owners that granted easements to the Department.

     (Added to NAC by Dep’t of Transportation by R082-01, eff. 11-1-2001)

      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 408.429 to 408.437, inclusive, and 408.527 to 408.557, inclusive.

     (Added to NAC by Dep’t of Transportation by R082-01, eff. 11-1-2001)

      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 to authorize an overhead installation, the Department will consider public health and safety and the factors set forth in NAC 408.467.

     (Added to NAC by Dep’t of Transportation by R082-01, eff. 11-1-2001)

      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 facilities and pavement structures, and to avoid a significant compromise of the safe, efficient and convenient use of the state highway system for the traveling public, the Department may limit the number of trenches, plowings or borings in a section of a state highway or right-of-way for the installation of a telecommunications facility to once every 5 years.

     2.  The Department may, at any time, and shall, once every 18 months, grant an exception to the limitation set forth in subsection 1 if the trenching, plowing or boring is:

     (a) The only practicable method of installing or constructing the telecommunications facility; and

     (b) Required to carry out the obligations of the provider of telecommunications or community antenna television company to serve its customers pursuant to federal, state or local law or a franchise agreement with a local government.

     3.  In determining whether to grant an exception pursuant to subsection 2, the Department will, in its management of rights-of-way, consider:

     (a) The feasibility of alternatives to using the right-of-way;

     (b) The type of highway upon which the trenching, plowing or boring will be performed; and

     (c) The effect the proposed trenching, plowing or boring will have on the state highway or right-of-way and members of the traveling public.

     4.  If an exception is granted pursuant to subsection 2, the provider of telecommunications or community antenna television company must obtain an occupancy permit from the Department for the additional trenching, plowing or boring. As a condition of issuing the occupancy permit, the Department may require the provider or company to mitigate any effects that the trenching, plowing or boring will cause to the state highway or right-of-way.

     5.  The provisions of subsection 1 do not limit the number of applications for an occupancy permit that a provider of telecommunications or a community antenna television company may submit to the Department for the same or a substantially similar section of a state highway or right-of-way if the trenching, plowing or boring is:

     (a) Required because of an emergency; and

     (b) Necessary to protect public health and safety.

     6.  Nothing in this section is intended to impair any rights which may be afforded to telecommunications carriers under the Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56-161.

     (Added to NAC by Dep’t of Transportation by R082-01, eff. 11-1-2001)

      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 to comply with the design requirements of the Department. The Department may require a minimum depth of more than 42 inches if it determines it is necessary for the installation of a telecommunications line.

     2.  The Department may allow a minimum depth of less than 36 inches if the director determines that the installation is desirable but achieving a depth of 36 inches is not practicable.

     (Added to NAC by Dep’t of Transportation by R082-01, eff. 11-1-2001)

      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 occupancy permit must provide to the Department:

     (a) The information required by the provisions of subsection 6 of NAC 408.411, NAC 408.413 and 408.427, and subsection 3 of NAC 408.523.

     (b) Four sets of detailed plans, drawings or maps.

     2.  In addition to the information required in subsection 1, where required by the particular circumstances, the Department may require a provider of telecommunications or community antenna television company that applies for an occupancy permit to provide:

     (a) A plan for the drainage of water, including calculations for the runoff of water for a telecommunications facility that will affect the right-of-way. The calculations must include peak runoff of water for existing and proposed development conditions if the use of the land will be substantially altered. Existing flow patterns at the highway must be perpetuated, and any changes to the drainage system of the highway proposed by the provider of telecommunications or community antenna television company must be supported by drainage calculations. The provider or company shall provide for the attenuation of peak flows that may have increased because of the development.

     (b) A survey of cultural resources including any appropriate mitigating action that will be conducted for a telecommunications facility that will be placed longitudinally within a previously undisturbed section of the right-of-way or for lateral crossings or approaches requiring substantial disruption of previously undisturbed sections of the right-of-way. If a survey of cultural resources is required, a written report of the survey must be provided.

     3.  In addition to the requirements set forth in subsections 1 and 2, as applicable, a provider of telecommunications or a community antenna television company that installs or constructs a telecommunications facility on a section of a freeway where access is controlled shall provide to the Department the information required by subsections 3, 4 and 5 of NAC 408.411.

     4.  If approval from a local government is required for the installation or construction of a telecommunications facility and evidence of the approval is not submitted to the Department, the Department may issue an occupancy permit pursuant to this section that is contingent upon the approval of the local government.

     5.  If approval from a federal agency or a state agency other than the Department is required for the installation or construction of a telecommunications facility and evidence of the approval is not submitted to the Department, and an occupancy permit may otherwise be issued by the Department, the Department will issue a notice of intent to issue the occupancy permit upon the approval of the federal or state agency.

     (Added to NAC by Dep’t of Transportation by R082-01, eff. 11-1-2001)

      NAC 408.4401  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 of telecommunications or the community antenna television company will be required to cause to be published a notice of the application to allow other providers of telecommunications and community antenna television companies an opportunity to install telecommunications facilities in the same section of the state highway or right-of-way.

     2.  The Department may require such notice if:

     (a) The facility will be located on a section of a state highway or right-of-way where access is controlled or the facility will occupy at least 1 mile in length of the state highway or state highway right-of-way; and

     (b) The Department determines that the installation or construction of a telecommunications facility after the construction or installation of the facility for which the occupancy permit is requested will be limited or prohibited because the state highway or right-of-way will not be able to accommodate the additional facility because of physical limitations, safety or other factors relating to the state highway or right-of-way.

     3.  If the Department determines that such notice is required, the Department will notify the provider of telecommunications or community antenna television company of that fact in writing within 15 working days after it receives the application. The provider or company shall:

     (a) Cause the notice to be published at least twice in two regional newspapers of general circulation in this state. The notice must include a statement that written responses may be submitted to the provider or company for a period of not less than 30 days after the notice is published.

     (b) Provide written notice to each:

          (1) Community antenna television company that holds a franchise in the affected area; and

          (2) Provider of telecommunication services included on the Service List for Interconnection Agreements maintained by the public utilities commission of Nevada or any similar list of providers of telecommunication services maintained by the Department.

Ê The notice must include a statement that each such community antenna television company and provider of telecommunication services may submit written responses to the provider of telecommunications or community antenna television company applying for an occupancy permit for a period of not less than 30 days after the notice is provided.

     4.  The provider of telecommunications or community antenna television company shall submit to the Department a copy of each notice required by subsection 3 and any written responses it received pursuant to subsection 3.

     (Added to NAC by Dep’t of Transportation by R082-01, eff. 11-1-2001)

      NAC 408.4402  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)

     1.  Except as otherwise provided in subsection 2, the Department will approve or deny an application for an occupancy permit in writing within 90 days after it receives a substantially completed application. If the Department denies the application for an occupancy permit, the Department will send a written notice to the provider of telecommunications or community antenna television company that sets forth the reasons for the denial.

     2.  The Department will provide to the provider of telecommunications or community antenna television company a written report concerning the status of its application within 45 days after it receives the application. If the telecommunications facility is a significant project, the Department will, in lieu of approving or denying the application within 90 days, provide to the provider or company a written report concerning the status of its application within 90 days after the Department receives the application, and include a statement that the Department will require additional time to complete the review of the application. The Department will extend the periods for review prescribed by this section if additional information is required.

     3.  In determining whether or not to grant an occupancy permit, the Department will review the application to assure compliance with all applicable provisions of:

     (a) NAC 408.403 to 408.419, inclusive;

     (b) NAC 408.447 to 408.459, inclusive;

     (c) NAC 408.467 and 408.469;

     (d) NAC 408.438 to 408.4424, inclusive;

     (e) Any applicable federal or state laws, including obtaining any required approvals from federal agencies or state agencies, other than the Department;

     (f) Any required approvals by local governments, which may include a public hearing process for a telecommunications facility that is more than 8 feet in height; and

     (g) Applicable Department standards relating to underground and overhead utilities.

     (Added to NAC by Dep’t of Transportation by R082-01, eff. 11-1-2001)

      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 television company to obtain a surety bond in the amount of $100,000. The Department may require the provider or company to obtain a surety bond of more than $100,000, but less than $2,000,000, for a telecommunications facility of significant length.

     2.  The Department will, in determining whether a surety bond is required, consider:

     (a) The experience of the Department with the provider of telecommunications or community antenna television company;

     (b) The possibility of disrupting the maintenance and operation of the state highway or right-of-way if the telecommunications facility is installed;

     (c) The potential damage to the highway system; and

     (d) The potential increase in hazards to the users of the state highway or right-of-way if the proposed telecommunications facility is not installed in a timely manner or is installed in a manner that does not comply with the requirements set forth in the occupancy permit.

     (Added to NAC by Dep’t of Transportation by R082-01, eff. 11-1-2001)

      NAC 408.4406  Annual occupancy permit: Application; issuance or renewal; limitations; surety bond requirement. (NRS 408.215, 408.423)

     1.  The Department may, upon request, issue an annual occupancy permit to a provider of telecommunications or a community antenna television company that wishes to install more than one telecommunications facility or change more than one telecommunications facility, or any combination thereof, within 1 year if the portion of the telecommunications facility located on a state highway or right-of-way is less than one-half mile in length. The Department will not issue an annual occupancy permit for an interstate highway or highway where access is controlled, or where the installation or change is one-half mile or more in length.

     2.  If a provider of telecommunications or a community antenna television company applies for an annual occupancy permit, the provider or company must obtain an annual occupancy permit for each highway district in which the telecommunications facility will be installed or changed. The provider or company must submit a completed application to the district office of the Department in each district for which an annual occupancy permit is requested not later than January 15 of each year. The Department will issue or renew or refuse to issue or renew an annual occupancy permit not later than March 15 of each year. An annual occupancy permit is valid until March 15 of the following year.

     3.  The district office of the Department may limit the application of the annual occupancy permit to certain state highways or rights-of-way or sections of those state highways or rights-of-way.

     4.  The Department may require the provider of telecommunications or community antenna television company to obtain a surety bond in the amount of $200,000 for each annual occupancy permit that is issued to the provider or company by the Department.

     (Added to NAC by Dep’t of Transportation by R082-01, eff. 11-1-2001)

      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)

     1.  If an annual occupancy permit is issued by the Department pursuant to NAC 408.4406, the provider of telecommunications or community antenna television company shall:

     (a) Notify the district office of the Department not less than 5 working days before work on the telecommunications facility begins; and

     (b) Submit to the district office of the Department:

          (1) Plans indicating the location of the telecommunications facility, including the elevation and alignment of the facility;

          (2) A schedule for the completion of the installation of or change to the telecommunications facility; and

          (3) A plan for controlling traffic pursuant to NAC 408.413.

     2.  The district office may:

     (a) Prohibit or restrict access to a right-of-way for which an annual occupancy permit has been issued if access to the right-of-way will prevent, delay or otherwise interfere with a highway project or based on other relevant factors; and

     (b) Limit the hours during which work relating to the telecommunications facility may be performed where necessary in residential or commercial areas.

     3.  A telecommunications facility must be installed or changed in accordance with the requirements set forth in the annual occupancy permit and the provisions of NAC 408.438 to 408.4424, inclusive.

     4.  The Department may revoke an annual occupancy permit if the provider of telecommunications or community antenna television company fails to comply with the requirements set forth in the permit or any provision of NAC 408.438 to 408.4424, inclusive.

     (Added to NAC by Dep’t of Transportation by R082-01, eff. 11-1-2001)

      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 provider or company shall provide to the district office of the Department not less than 5 working days before work on the facility begins:

     (a) A written description of the proposed changes to the facility;

     (b) A written explanation of the manner in which the changes to the facility relate to the original occupancy permit issued by the Department;

     (c) A plan that indicates the location of and changes to the facility;

     (d) A schedule for the completion of the changes to the facility; and

     (e) A plan for controlling traffic pursuant to NAC 408.413.

     2.  If the Department has not issued an occupancy permit for an existing facility, the provider of telecommunications or community antenna television company shall provide a copy of the occupancy permit or franchise agreement issued by a local government, if one is reasonably available, for the facility.

     3.  The provider of telecommunications or community antenna television company must submit the fee required by NAC 408.4422 before beginning work on the facility.

     (Added to NAC by Dep’t of Transportation by R082-01, eff. 11-1-2001)

      NAC 408.4412  Performance of inspections and repairs. (NRS 408.215, 408.423)  The inspection and repair of a telecommunications facility must be performed in accordance with the provisions of NAC 408.461 and applicable Department standards, terms and conditions relating to emergencies, control of access highways, routine inspection and maintenance of underground utilities, emergency repairs, and routine inspection and maintenance of pole lines.

     (Added to NAC by Dep’t of Transportation by R082-01, eff. 11-1-2001)

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

     1.  Providing for the inspection of the construction of the facility, by an engineering consultant approved by the Department or by any other method approved by the Department.

     2.  Restoring the state highway or right-of-way a condition which is at least comparable to the condition which existed before the placement of the telecommunications facility.

     3.  Installing additional conduits that must be made available to other providers of telecommunications and community antenna television companies on a competitively neutral and nondiscriminatory basis, if physical conditions prevent future installations of conduits. The conduits remain the property of the provider or company that installed the conduits.

     (Added to NAC by Dep’t of Transportation by R082-01, eff. 11-1-2001)

      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 telecommunications facility.

     (Added to NAC by Dep’t of Transportation by R082-01, eff. 11-1-2001)

      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 and employees from any claims, causes of action and suits at law or in equity for losses, damages, claims or demands, and from any liability and expense, including reasonable attorney’s fees, arising out of the use or occupancy of the state highway or right-of-way by the provider or company, unless the provider or company establishes that the damage or injury was caused by the willful misconduct or gross negligence of the State of Nevada, the Department or its officers, agents or employees.

     2.  The State of Nevada, the Department and its officers, agents and employees are not liable for any expense incurred by the provider of telecommunications or community antenna television company in its use and occupancy of the state highway or right-of-way.

     (Added to NAC by Dep’t of Transportation by R082-01, eff. 11-1-2001)

      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 Regulations, if the Department does not have a fee interest in a state highway or right-of-way, the Director may not, as a condition for the issuance of an occupancy permit, require the provider of telecommunications or community antenna television company to acquire at its expense all easements, consents or other rights or interests from the owners of fee interests or other interests for any section of the state highway or right-of-way if the provider or company provides indemnification to the State of Nevada, the Department and its officers, agents and employees pursuant to the provisions of this section.

     2.  If the Department does not have a fee interest in a state highway or right-of-way, the provider of telecommunications or community antenna television company must indemnify, defend and hold harmless the State of Nevada, the Department and its officers, agents and employees from any claim, cause of action, liability, loss, damage, cost, expense or fee that the State of Nevada, the Department or its officers, agents or employees may be required to pay to any person claiming the fee interest or other property interest in that state highway or right-of-way, unless the provider or company establishes that the damage or injury was caused by the willful misconduct or gross negligence of the State of Nevada, the Department or its officers, agents or employees. The agreement of indemnification required pursuant to this subsection must include a provision setting forth:

     (a) The obligation of the provider or company to commence and diligently prosecute an appropriate cause of action or defend any other cause of action to protect the Department from the immediate or automatic reversion of any easement or other interest in the state highway or right-of-way and remove any telecommunications facility from a state highway or right-of-way if ordered by a court of competent jurisdiction;

     (b) The obligation of the provider or company or its successor in interest whose net assets in this state, as defined according to generally accepted accounting principles, are less than $20,000,000 to obtain a surety bond, in an amount determined by the Department based on reasonable costs related to the removal of the telecommunications facility and restoration of the state highway or right-of-way and to designate the State of Nevada, the Department and its officers, agents and employees as beneficiaries of the surety bond and as parties who may bring an action on the surety bond if the indemnity of the provider or company is not adequate; and

     (c) The obligation of the provider or company to include in any instrument transferring ownership of a telecommunications facility, the assumption by the transferee of the indemnity of the provider or company and, if applicable, the designation of the State of Nevada, the Department and its officers, agents and employees as beneficiaries of the surety bond and as parties who may bring an action on the surety bond if the indemnity of the provider or company is not adequate.

     3.  If the Department does not have a fee interest in a state highway or right-of-way and the application for the occupancy permit does not relate to an existing telecommunications facility, the provider of telecommunications or community antenna television company shall provide verification that it has exercised due diligence and an explanation of the factual or legal basis that supports the right of the provider or company to occupy the state highway or right-of-way.

     (Added to NAC by Dep’t of Transportation by R082-01, eff. 11-1-2001)

      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 provider of telecommunications or community antenna television company shall submit:

     (a) The nonrefundable portion of the fee required by subsection 1 when it submits the application for an occupancy permit to the Department; and

     (b) The remainder of the fee required by subsection 1 before the occupancy permit is issued by the Department.

     (Added to NAC by Dep’t of Transportation by R082-01, eff. 11-1-2001)

      NAC 408.4424  Compliance with Department standards, terms and conditions. (NRS 408.215, 408.423)  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.

     (Added to NAC by Dep’t of Transportation by R082-01, eff. 11-1-2001)

Underground Installations

      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 culverts used for drainage.

     2.  Pavement or roadway must not be cut unless prior approval from the Department is obtained.

     3.  The district engineer shall authorize trenching across a paved highway if:

     (a) The roadway is scheduled for overlay or reconstruction within 2 years after the trenching is scheduled to begin;

     (b) The roadway is in such poor condition that a permanent patch of the pavement will not adversely affect the condition of the surface of the roadway;

     (c) The area is so congested with other underground facilities that boring is impractical; or

     (d) The installation has been attempted by jacking or boring and is impractical because of the conditions below the ground.

     4.  Except as otherwise authorized by the Department:

     (a) No excavation within the right-of-way of a highway may be made which is less than 6 feet (1.8 meters) from the edge of the pavement.

     (b) There must be, within the right-of-way of a highway, at least 36 inches (915 millimeters) of cover over all underground utilities, pipes or conduits, including at ditch or wash flow lines.

     (c) Underground pipes and cables must be placed at least 12 inches (300 millimeters) below culverts or drainage boxes.

     5.  Each trench must be filled with granular backfill or any other material approved by the district engineer to the elevation of the bottom of the existing base and surfacing or subgrade in accordance with the requirements set forth in the occupancy permit.

     6.  As used in this section:

     (a) “Base” means the layer of material of a designated type and thickness which is placed on a subbase or subgrade to support a surface.

     (b) “Culvert” means any structure which is not a bridge which provides an opening under a roadway.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95; A by R135-98, 10-3-2000)

      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 408.451 and 408.457.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95; A by R135-98, 10-3-2000)

      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-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).

     2.  All installations described in this section must be placed or constructed in such a manner as not to create a hazard to the users of the highway.

     3.  The provisions of this section do not apply to installations in incorporated cities if the installation is completed in accordance with the ordinances or established practices of the incorporated city.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95; A by R135-98, 10-3-2000)

      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 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.

     2.  The district engineer may waive the requirements of this section if an engineering analysis indicates that casing is not necessary.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95)

      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 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)

      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 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.

     2.  A borehole or pit is not allowed within the median area of a highway except as authorized by the district engineer. Extreme care must be used to prevent the impairment of the ground under the pavement and shoulders of the pavement.

     3.  Hydraulic or wet boring is prohibited, except that a small amount of water may be used to cool the boring bit if water pressure is not used to drill the bore or displace and wash out the material to be removed.

     4.  Any void created by boring outside the casing must be filled with pressure-treated grout.

     5.  As used in this section, “grout” means a cement mortar or a slurry of fine sand, bentonite or clay.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95; A by R135-98, 10-3-2000)

      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, 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.

     2.  If a manhole lies within the improved surface of the highway, the utility shall provide adequate protection of traffic in accordance with its occupancy permit or, as otherwise required by the district engineer, for the installation and use of the manhole. An excavation must not be made in improved surfaces, landscaped areas or less than 6 feet (1.8 meters) from the edge of the pavement without the prior approval of the district engineer.

     3.  The utility may make an emergency repair by excavating through an improved surface if a break in a line, conduit or cable under the pavement causes a hazard to traffic or a serious interruption of essential service. The utility shall notify the district engineer of the emergency within 24 hours after beginning the excavation. Backfilling and the replacement of the pavement must be performed pursuant to the requirements set forth in the occupancy permit. Any landscaped area which is disturbed must be relandscaped.

     4.  If trenching across the pavement of the highway is approved, the district engineer may require rotomilling and repaving with an open-graded course of pavement beyond the trenched area to re-establish and maintain the quality of the roadway. The district engineer shall determine the requirements for rotomilling and repaving of the highway.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95; A by R135-98, 10-3-2000)

Aerial Installations

      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 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.

Ê 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)

      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 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.

     4.  Aerial crossings must conform to the requirements of the National Electrical Safety Code, adopted by reference pursuant to subsection 1.

     5.  Aerial crossings must be made at or as near to 90 degrees as possible across the roadway. Poles supporting crossings must be located outside the clear zone and, if possible, located at or outside the line of the right-of-way. If a highway is divided, poles must not be placed within the median strip unless the median strip is at least 80 feet (24.4 meters) wide and the median pole is necessary to support the crossing. If the poles cannot be located outside the clear zone, appropriate measures must be taken to protect the users of the highway, including, if possible, the installation of impact attenuators, breakaway poles or guardrails.

     6.  Poles used for a longitudinal installation must be placed outside the clear zone and at or as near to the right-of-way as possible. If the poles cannot be located outside the clear zone, appropriate measures must be taken, including, if possible, the installation of guardrails, impact attenuators or breakaway poles. In those areas where curbs, gutters and sidewalks have been installed, the poles must be located behind or at the back edge of the sidewalk, if possible. A pole must not be located closer than 2 feet (0.6 meter) behind the face of the curb.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95; A by R135-98, 10-3-2000)

Miscellaneous Provisions

      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 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)

      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 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)

      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 impact study; or

     (c) It is required because of the physical conditions necessary to maintain safety on the highway.

     2.  One foot (300 millimeters) of the pavement edge must be saw cut and removed within the limits of the widening of the pavement.

     3.  The representative of the owner shall conduct tests for compaction in the manner prescribed by the district engineer.

     4.  The improvement of the gravel and pavement must comply with the plans or additional terms and conditions set forth in the occupancy permit.

     5.  Permanent signals for traffic must be installed if the signals are required by a traffic analysis prepared by an engineer selected by the owner and approved by the district engineer.

     6.  As used in this section, “compaction” means the forcing or compressing together of particles of soil by a mechanical device to increase the density of the materials used so as to comply with the requirements set forth in the occupancy permit.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95; A by R135-98, 10-3-2000)

      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.

     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.

     3.  Except as otherwise authorized by the district engineer, a ramp for wheelchairs must be constructed on all curb and gutter radii on streets and approaches and constructed pursuant to the requirements:

     (a) Adopted by the local government where the construction is performed;

     (b) Set forth in the occupancy permit; and

     (c) Set forth in Appendix A of 28 C.F.R. Part 36.

     4.  If the opposing existing curb and gutter radii do not have ramps for wheelchairs, the developer shall reconstruct the existing curb and gutter radii with ramps for wheelchairs.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95; A by R135-98, 10-3-2000)

      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 408.547.

     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.

     3.  Except on one-way streets, each mailbox or delivery box for newspapers must be located on the right-hand side of the roadway in the direction of the delivery route.

     4.  The bottom of the mailbox must be set at a height established by the United States Postal Service.

     5.  Except as otherwise provided in NAC 408.547, the roadside face of the mailbox must be set from the edge of the traveled way at least:

     (a) Eight feet (2.4 meters), if no paved shoulder exists;

     (b) The width of the all-weather shoulder plus not less than 8 inches (200 millimeters) or more than 12 inches (300 millimeters); or

     (c) The width of an all-weather turnout specified by the Department, plus not less than 8 inches (200 millimeters) or more than 12 inches (300 millimeters),

Ê whichever is greatest.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95; A by R135-98, 10-3-2000)

      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 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),

Ê beyond the center of the intersecting road in the direction of the delivery route.

     6.  A mailbox must be made of light sheet metal or plastic construction which conforms to the requirements of the United States Postal Service. A delivery box for newspapers must be made of light sheet metal or plastic which is suitable for holding a newspaper.

     7.  Not more than two mailboxes may be mounted on a structure unless the structure is installed pursuant to the requirements set forth in subsection 14. A delivery box for newspapers may be mounted below the mailbox on the side of the support for the mailbox.

     8.  A support for a mailbox must not be set in concrete unless the support is installed pursuant to the requirements set forth in subsection 14.

     9.  A 4-inch by 4-inch (100-millimeter by 100-millimeter) wood post or a steel pipe of standard strength which is 2 inches (50 millimeters) in diameter and embedded not more than 24 inches (600 millimeters) into the ground will be acceptable as a support for a mailbox. A metal post must not be fitted with an anchor plate, except that it may have a device to prevent twisting and which extends not more than 10 inches (250 millimeters) below the ground.

     10.  The mailbox or delivery box for newspapers must be securely attached to the structure for support in such a manner as to ensure that the mailbox or delivery box will not separate from the top of the structure if it is struck by a motor vehicle.

     11.  The space between the centers of the support posts must be at least 3/4 of the height of the posts above the ground.

     12.  Designs for supports for mailboxes which are not described in this section may not be used unless approved by the district engineer.

     13.  A postal patron shall notify the Department of any new or existing installation of a mailbox or delivery box if the shoulder of the pavement is inadequate to allow access to the mailbox or delivery box for newspapers for motor vehicles in all conditions of weather. If widening of the shoulder of the pavement is required, the postal patron shall apply to the Department for an occupancy permit.

     14.  The Department will authorize the installation of a unit for the residential delivery of mail or boxes for the delivery of newspapers installed by the United States Postal Service within a right-of-way of a state highway pursuant to an occupancy permit if that installation complies with the requirements set forth in the Guide For Erecting Mailboxes on Highways, 1994 edition, and any subsequent edition issued by the American Association of State Highway and Transportation Officials which has been approved by the Department for use in this state 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 American Association of State Highway and Transportation Officials. The Department will review each edition issued after the 1994 edition to ensure its suitability for this state. The most recent edition that has been approved by the Department may be obtained from the Department of Transportation, 1263 South Stewart Street, Carson City, Nevada 89712, for the price of $13. There is no fee for the permit.

     15.  An installation of a mailbox or delivery box for newspapers which does not comply with the provisions of this section is an unauthorized encroachment.

     16.  The location and construction of mailboxes must conform to the regulations of the United States Postal Service and the Department.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95; A by R135-98, 10-3-2000)

      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 of a utility;

     (b) Communications by a utility or governmental agency for public safety;

     (c) Microwave stations; or

     (d) Agricultural purposes.

     2.  The Department will not authorize direct access from a controlled-access route by a locked gate if:

     (a) Local roads, even if more circuitous or unimproved, provide access; or

     (b) Access may be constructed from local roads at a cost which is not prohibitive and in a manner which does not unreasonably impair the environment.

     3.  The Department may, pursuant to an agreement with the user of the locked gate, authorize direct access through a locked gate if the Department determines that:

     (a) The authorization is in the public interest;

     (b) The safety, maintenance and use of the highway would not be affected; and

     (c) There is no other alternate access which may be practicably obtained or developed.

     4.  The agreement must specify the user and the authorized uses of the access. A motor vehicle may only use right turns to gain access to the locked gate or highway. If possible, a motor vehicle that is stopped so that an occupant of the motor vehicle may lock or unlock the gate:

     (a) Must not cross the median;

     (b) Must be parked off the roadway; and

     (c) Must be parked outside of the clear zone.

     5.  The authorized user shall place his or her lock on the locked gate and securely lock the gate when it is not in use. The lock must be identified with the name of the user. If a user notices an unauthorized or unidentified lock on the gate or any condition which would make it impossible to lock the gate, the user shall report that condition to the appropriate district engineer as soon as possible.

     6.  The Department will maintain a written inventory of locked gates and authorized users and regularly review the gates to ensure that they are being properly used and secured. The Department may revoke the authorization of a user if the authorized user does not lock the gate or fails to identify his or her lock.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95; A by R135-98, 10-3-2000)

ROADSIDE PARKS AND SAFETY REST AREAS

      NAC 408.595  Occupancy. (NRS 408.215, 408.275)  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]

      NAC 408.600  Control of animals. (NRS 408.215, 408.275)  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]

      NAC 408.605  Fires. (NRS 408.215, 408.275)  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]

      NAC 408.610  Disposal of waste. (NRS 408.215, 408.275)

     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)

      NAC 408.615  Prohibited acts. (NRS 408.215, 408.275)  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]

TRANSPORTATION FACILITIES

General Provisions

      NAC 408.650  Definitions. (NRS 408.100, 408.215, 408.5473, 408.548)  As used in NAC 408.650 to 408.698, inclusive, unless the context otherwise requires, the words and terms defined in NAC 408.651 to 408.668, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Dep’t of Transportation by R172-09, eff. 4-20-2010)

      NAC 408.651  “Apparent successful proposer” defined. (NRS 408.100, 408.215, 408.5473, 408.548)  “Apparent successful proposer” means the proposer whose proposal for a transportation facility is determined by the Department, on the basis of the criteria set forth in the request for proposals, to be the highest ranked proposal of those proposals submitted and with whom the Department undertakes to negotiate and enter into a contract for the project.

     (Added to NAC by Dep’t of Transportation by R172-09, eff. 4-20-2010)

      NAC 408.652  “Competitive range” defined. (NRS 408.100, 408.215, 408.5473, 408.548)  “Competitive range” means a list of the highest ranked proposals, after the Department evaluates and ranks each proposal against every other proposal using the criteria for evaluation set forth in the Department’s request for proposals.

     (Added to NAC by Dep’t of Transportation by R172-09, eff. 4-20-2010)

      NAC 408.654  “Financial close” defined. (NRS 408.100, 408.215, 408.5473, 408.548)  “Financial close” means the stage in an agreement or transaction where the applicable financing documents have been executed and all conditions to the commitment or disbursement of funds have been satisfied or waived.

     (Added to NAC by Dep’t of Transportation by R172-09, eff. 4-20-2010)

      NAC 408.656  “Project” defined. (NRS 408.100, 408.215, 408.5473, 408.548)  “Project” means the planning, development, construction, financing, improvement, maintenance or operation, or any combination thereof, of a transportation facility, as defined by the Department pursuant to a request for qualifications, a request for proposals or both, issued by the Department in response to a solicited proposal or unsolicited proposal.

     (Added to NAC by Dep’t of Transportation by R172-09, eff. 4-20-2010)

      NAC 408.658  “Proposal” defined. (NRS 408.100, 408.215, 408.5473, 408.548)  “Proposal” means a written plan submitted to the Department by a person to plan, develop, construct, finance, improve, maintain or operate, or any combination thereof, a transportation facility.

     (Added to NAC by Dep’t of Transportation by R172-09, eff. 4-20-2010)

      NAC 408.660  “Proposer” defined. (NRS 408.100, 408.215, 408.5473, 408.548)  “Proposer” means a person who submits a solicited proposal or an unsolicited proposal to the Department.

     (Added to NAC by Dep’t of Transportation by R172-09, eff. 4-20-2010)

      NAC 408.662  “Qualification submittal” defined. (NRS 408.100, 408.215, 408.5473, 408.548)  “Qualification submittal” means a response to a request for qualifications.

     (Added to NAC by Dep’t of Transportation by R172-09, eff. 4-20-2010)

      NAC 408.664  “Shortlist” defined. (NRS 408.100, 408.215, 408.5473, 408.548)  “Shortlist” means to include a person on a list of persons who have submitted qualification submittals that, based on an evaluation of their qualification submittals, are identified by the Department as eligible to respond to the request for proposals for a project.

     (Added to NAC by Dep’t of Transportation by R172-09, eff. 4-20-2010)

      NAC 408.666  “Solicited proposal” defined. (NRS 408.100, 408.215, 408.5473, 408.548)  “Solicited proposal” means a proposal that is solicited by the Department in response to an unsolicited proposal and is submitted pursuant to the provisions of NRS 408.548 and NAC 408.650 to 408.698, inclusive.

     (Added to NAC by Dep’t of Transportation by R172-09, eff. 4-20-2010)

      NAC 408.668  “Unsolicited proposal” defined. (NRS 408.100, 408.215, 408.5473, 408.548)  “Unsolicited proposal” means a proposal that is not solicited by the Department and is submitted pursuant to NRS 408.5475 and NAC 408.650 to 408.698, inclusive.

     (Added to NAC by Dep’t of Transportation by R172-09, eff. 4-20-2010)

Proposals for Transportation Facilities

      NAC 408.670  Authority of Department in processing, reviewing and evaluating proposals. (NRS 408.100, 408.215, 408.548)  In processing, reviewing and evaluating solicited and unsolicited proposals pursuant to the provisions of NAC 408.650 to 408.698, inclusive, the Department may:

     1.  Issue a request for qualifications or a request for proposals.

     2.  Request or obtain additional information concerning any proposer, any person who submits a qualification submittal, any qualification submittal or any proposal from any source.

     3.  Modify or cancel any request for qualifications or request for proposals at any time.

     4.  Modify the scope of the proposed project drawn from an unsolicited proposal in order to issue a request for qualifications or a request for proposals or for any other purpose that is, as determined by the Department, in the best interest of the Department or of the public. The Department may use proprietary information or intellectual property contained in an unsolicited proposal as part of a request for proposals or request for qualifications and may award a contract based on that request for proposals or request for qualifications to a proposer other than the proposer who submitted the unsolicited proposal.

     5.  Waive any minor deficiencies in a qualification submittal or in a proposal.

     6.  Allow a person who submits a qualification submittal or a proposal to correct minor deficiencies in or clarify or supplement the qualification submittal or proposal.

     7.  Issue a new request for qualifications or a new request for proposals at any time.

     8.  Reject any qualification submittal or any proposal at any time.

     9.  Determine the elements, timing and depth of any processing, review or evaluation of any qualification submittal or proposal.

     10.  Terminate the processing, review or evaluation of any qualification submittal or any proposal, whether solicited or unsolicited, at any time.

     11.  Issue a request for qualifications for a project drawn from an unsolicited proposal if the unsolicited proposal is rejected or evaluation of the unsolicited proposal is terminated.

     12.  Suspend or terminate negotiations with any proposer at any time before the execution of an agreement of the parties.

     13.  Negotiate with a proposer without being bound to any provision in his or her proposal.

     14.  Negotiate with a proposer to include aspects of unsuccessful proposals for that project in the successful proposal and subsequent agreement or contract.

     15.  Negotiate with a subsequent proposer if negotiations with the apparent successful proposer are unsuccessful or if financial close with the apparent successful proposer does not occur, if applicable.

     16.  Issue a request for best and final offers.

     17.  Retain or return any portion of the fees required to be paid by a proposer pursuant to NAC 408.678.

     (Added to NAC by Dep’t of Transportation by R172-09, eff. 4-20-2010)

      NAC 408.672  Qualifications for award of contract. (NRS 408.100, 408.215, 408.548)  To qualify for an award of a contract for a transportation facility pursuant to NAC 408.694, a proposer must:

     1.  Demonstrate that the proposer can procure and maintain a performance bond and a payment bond or another type of performance security that the Department may require;

     2.  Demonstrate that the proposer can obtain general liability insurance and errors and omissions insurance that the Department may require; and

     3.  Ensure, by the date that the contract is awarded, that the proposer and any contractor, subcontractor or consultant of the proposer possesses any license or certificate required of his or her profession pursuant to the laws of this State.

     (Added to NAC by Dep’t of Transportation by R172-09, eff. 4-20-2010)

      NAC 408.674  Request for qualifications; qualification submittals; shortlisting. (NRS 408.100, 408.215, 408.548)

     1.  The Department may, but is not required to, shortlist a person for projects by issuing a request for qualifications.

     2.  If the Department issues a request for qualifications, the request for qualifications must set forth the following:

     (a) The criteria that the Department will use to shortlist a person who submits a qualification submittal. Such criteria may include, without limitation:

          (1) The capabilities, experience, facilities or techniques of the person;

          (2) How the person’s capabilities, experience, facilities or techniques, or a combination thereof, help achieve the objectives of the project;

          (3) Whether the person’s qualifications, capabilities, experience, facilities or techniques, or a combination thereof, are critical to achieving the objectives of the project; and

          (4) Any other criteria the Department determines are appropriate for the particular project.

     (b) The relative weight assigned to each criterion used to shortlist a person.

     (c) The date and time by which a qualification submittal must be submitted to the Department.

     (d) The information set forth in subsection 2 of NAC 408.684.

     3.  After receiving a qualification submittal, the Department will evaluate the qualification submittal in accordance with the criteria set forth in the request for qualifications issued by the Department.

     4.  During the evaluation of a person’s qualification submittal, the Department may interview the person or request clarification from the person concerning the qualification submittal.

     5.  The Department will provide written notification to each person who submitted a qualification submittal informing the person of whether he or she has been shortlisted.

     6.  After the Department evaluates all qualification submittals for a particular project, the Department will determine which of the persons who submitted the qualification submittals will be shortlisted for the particular project. Persons who submitted qualification submittals and who are shortlisted for a particular project may submit a proposal for that project.

     (Added to NAC by Dep’t of Transportation by R172-09, eff. 4-20-2010)

      NAC 408.676  Information required in unsolicited and solicited proposals. (NRS 408.100, 408.215, 408.548)

     1.  Each unsolicited proposal must contain sufficient information for the Department to evaluate:

     (a) The feasibility of the proposed transportation facility;

     (b) The ability of the proposer, the proposal and the transportation facility to meet the objectives and goals of the Department for the proposed transportation facility; and

     (c) The capabilities of the proposer to provide the necessary services and perform the scope of work required by the proposed transportation facility.

     2.  Each solicited proposal must contain sufficient information for the Department to evaluate:

     (a) The ability of the proposer, the proposal and the project to meet the objectives and goals of the Department for the proposed project; and

     (b) The capabilities of the proposer to provide the necessary services and perform the scope of work required by the proposed project.

     (Added to NAC by Dep’t of Transportation by R172-09, eff. 4-20-2010)

      NAC 408.678  Fee for processing, review and evaluation of unsolicited proposals. (NRS 408.100, 408.215, 408.548, 408.5483)

     1.  A person who submits an unsolicited proposal must, at the same time as submitting the proposal, submit a fee for the processing, review and evaluation of the proposal pursuant to NRS 408.5483.

     2.  The fee required pursuant to this section will be set by the Department. The Department will determine a reasonable fee for the processing, review and evaluation of an unsolicited proposal depending on the typical complexity and cost of a transportation facility and the estimated costs of the Department to review an unsolicited proposal.

     3.  The Department will publish the fee for submitting an unsolicited proposal on its website at the Internet address http://www.nevadadot.com or any successor website used by the Department to advertise projects. A proposer must pay the fee that is published on the date that the proposer submits the unsolicited proposal.

     4.  The Department may review and modify the fee for submitting an unsolicited proposal as the Department deems appropriate.

     (Added to NAC by Dep’t of Transportation by R172-09, eff. 4-20-2010)

      NAC 408.680  Unsolicited proposal: Authority of Department to issue request for qualifications or request for proposals. (NRS 408.100, 408.215, 408.548)

     1.  If the Department receives an unsolicited proposal which complies with the requirements of NRS 408.5475 and NAC 408.650 to 408.698, inclusive, and the Department determines pursuant to NRS 408.5483 that the unsolicited proposal identifies a transportation facility that serves a public purpose, the Department may:

     (a) Issue a request for qualifications pursuant to NAC 408.674; or

     (b) Issue a request for proposals pursuant to NRS 408.548 and NAC 408.650 to 408.698, inclusive.

     2.  If the Department elects not to issue a request for qualifications pursuant to NAC 408.674 for the transportation facility, the Department may proceed directly to issuing a request for proposals.

     3.  A request for proposals issued by the Department must set forth:

     (a) The criteria the Department will use to select the apparent successful proposer, including, without limitation, the relative weight to be assigned to each criterion;

     (b) The date and time on which the proposal must be submitted to the Department; and

     (c) The information set forth in subsection 2 of NAC 408.684.

     4.  The Department may, when issuing a request for qualifications or a request for proposals based on a transportation facility set forth in an unsolicited proposal, modify the scope of the project and issue the requests based on the modified scope.

     5.  The Department may require a proposer who submits an unsolicited proposal to submit a qualification submittal or submit a proposal, as applicable, in response to the Department’s request for qualifications or request for proposals.

     (Added to NAC by Dep’t of Transportation by R172-09, eff. 4-20-2010)

      NAC 408.682  Unsolicited proposal: No appeal rights for proposer. (NRS 408.100, 408.215, 408.548)  A person who submits an unsolicited proposal that is modified or rejected by the Department pursuant to NAC 408.650 to 408.698, inclusive, has no appeal rights. The acceptance or use of all or part of an unsolicited proposal occurs at the discretion of the Department and is not a right.

     (Added to NAC by Dep’t of Transportation by R172-09, eff. 4-20-2010)

      NAC 408.684  Request for qualifications and request for proposals: Notice requirements. (NRS 408.100, 408.215, 408.548)

     1.  Except as otherwise provided in this subsection, if the Department issues a request for qualifications pursuant to NAC 408.674 or a request for proposals pursuant to NAC 408.680, the Department will publish notice of its request for at least 15 days after the Department issues its request in either a newspaper of general circulation in this State or on the Department’s website at the Internet address http://www.nevadadot.com or any successor website used by the Department to advertise projects. The Department is not required to publish a notice pursuant to this subsection if the Department issues a request for proposals to persons who have been shortlisted.

     2.  A published notice of a request for qualifications or a published notice of request for proposals must include, without limitation:

     (a) A description of the proposed project, which may include modifications to a project drawn from an unsolicited proposal;

     (b) A statement indicating how a person who submits a qualification submittal or a proposer can obtain any available information from the Department concerning the request for qualifications or request for proposals, as applicable, including, without limitation:

          (1) The location where the information may be obtained;

          (2) The days and times the information may be accessible for inspection; and

          (3) The type of information that may be available, including the information described in subsection 3;

     (c) The general evaluation method the Department will use for the project; and

     (d) The date and time on which qualification submittals or a proposal must be submitted to the Department. The Department will set such date at least 30 days after the date that notice of the request is first published pursuant to subsection 1.

     3.  The Department will make available, at the place and times set forth in the published notice of request for qualifications or published notice of request for proposals, the following information for inspection by a person who submits a qualification submittal or a proposal:

     (a) A description of the extent to which any designs required by the request must be completed;

     (b) The requirements for any design and construction of the project the Department determines to be necessary;

     (c) A list of the criteria set forth in NRS 408.5483 that the Department considers to determine whether a transportation facility serves a public purpose;

     (d) A list of the criteria the Department will use to evaluate a qualification submittal or a proposal, including, without limitation:

          (1) The relative weight to be assigned to each criterion; and

          (2) Whether the criteria that are not related to costs are, when considered as a whole, more or less important or worth more or less weight in the evaluation than criteria related to costs; and

     (e) A statement as to whether a person who has been shortlisted or who submits a proposal will be partially reimbursed for costs associated with preparing the proposal and preparing a best and final offer, if applicable. If the Department determines that partial reimbursement will be provided, the Department will include in the statement required by this section and in the request for proposals:

          (1) An estimate of the amount of the reimbursement;

          (2) The circumstances under which such a person is qualified to be reimbursed; and

          (3) The circumstances under which the reimbursement is payable.

     (Added to NAC by Dep’t of Transportation by R172-09, eff. 4-20-2010)

      NAC 408.686  Evaluation of proposals: Authority and duties of Department. (NRS 408.100, 408.215, 408.548)

     1.  The Department will conduct an evaluation of a proposal consistent with the criteria for evaluation set forth in the Department’s request for proposals. The evaluation may include a review of:

     (a) The technical aspects of the proposal, including, without limitation, the proposer’s approach to performing the scope of services required by the project;

     (b) The financial aspects of the proposal, including, without limitation, the price of the project and any financial plan or financial models of the proposer; and

     (c) Any other criteria the Department determines are appropriate for the particular project.

     2.  The evaluation of a proposal must include a verification by the Department that the proposal satisfies the requirements of subsection 1 of NRS 408.5483. The Department is not required to evaluate the proposal if the Department determines that the proposal:

     (a) Is not responsive because it does not meet the requirements of subsection 1 of NRS 408.5483 or the provisions of NAC 408.650 to 408.698, inclusive; or

     (b) Otherwise does not adequately respond to the request for proposals.

     3.  In evaluating a proposal, the Department may use any evaluation method the Department determines to be appropriate for the particular project, including, without limitation, a best value, low bid or lowest adjusted cost method. The method the Department will use for each project must be described in the request for proposals for that project.

     4.  The Department may hold meetings or discussions with a proposer during the proposal process, including, without limitation, individual meetings with a proposer or joint meetings with multiple proposers. The Department may request clarifications or interview a proposer in connection with the evaluation of the proposal.

     5.  After reviewing the proposals submitted for the project and any clarifications or additional information provided by a proposer pursuant to subsection 4, the Department may:

     (a) Rank each responsive proposal submitted using the criteria set forth in the request for proposals, with the highest ranked proposal as the apparent successful proposal, and the next highest ranked proposal as the second best proposal, and so on, for each proposal;

     (b) Reject all proposals;

     (c) Request a best and final offer from a proposer pursuant to NAC 408.688; or

     (d) Take any other action, including, without limitation, any action set forth in NAC 408.670 or in the request for proposals.

     (Added to NAC by Dep’t of Transportation by R172-09, eff. 4-20-2010)

      NAC 408.688  Request for best and final offers: Authority and duties of Department. (NRS 408.100, 408.215, 408.548)

     1.  The Department may issue a request for best and final offers if the Department determines that:

     (a) No proposal received by the Department:

          (1) Is responsive to the request;

          (2) Serves a public purpose; or

          (3) Satisfactorily achieves the goals and needs of the project for any reason, including, without limitation, the proposals received:

               (I) Are not cost effective;

               (II) Exceed budget amounts or cost estimates; or

               (III) Identify technical or scope ambiguities in the request for proposals; and

     (b) A request for best and final offers may result in the submission of a satisfactory proposal.

     2.  The Department may issue a request for best and final offers to:

     (a) Each proposer who submitted a proposal for the project; or

     (b) Only those proposers who submitted responsive proposals or proposals within a competitive range.

     3.  The Department may, when preparing a request for best and final offers:

     (a) Hold individual or joint meetings or discussions with proposers concerning the project;

     (b) Modify the scope of the project;

     (c) Modify the terms of any contract;

     (d) Revise the estimates of costs of the project; or

     (e) Revise the criteria for evaluation of the proposals and the relative weight assigned to each criteria.

     4.  A request for best and final offers issued by the Department must set forth the date and time on which best and final offers must be submitted to the Department.

     5.  After receiving submissions of best and final offers, the Department will evaluate the best and final offers in the same manner as the Department evaluates a proposal, including, without limitation, refusing to review a nonresponsive best and final offer, holding individual meetings with a proposer or joint meetings with multiple proposers and requesting clarifications or interviewing a proposer concerning the proposal.

     6.  After reviewing the best and final offers submitted for the project and any clarifications or additional information provided by a proposer pursuant to subsection 5, the Department may:

     (a) Rank each responsive best and final offer submitted, with the highest ranked offer as the apparent successful proposal, and the next highest ranked offer as the second best proposal, and so on, for each offer;

     (b) Reject all best and final offers; or

     (c) Take any other action, including, without limitation, any action set forth in NAC 408.670 or in the request for proposals.

     (Added to NAC by Dep’t of Transportation by R172-09, eff. 4-20-2010)

      NAC 408.690  Partial reimbursement for costs of proposal: Conditions and limitations. (NRS 408.100, 408.215, 408.548)

     1.  Except as otherwise provided in this section, the Department and its agents, officers or employees are not liable for reimbursing any proposer for the costs incurred by the proposer in developing or negotiating a proposal.

     2.  The Department may partially reimburse the unsuccessful proposers who submitted a responsive proposal, or any other person as set forth in the request for proposals, if partial reimbursement was provided for in the request for proposals pursuant to paragraph (e) of subsection 3 of NAC 408.684.

     3.  The amount of such reimbursement must not exceed, for each unsuccessful proposer or other person:

     (a) Three percent of the total capital cost of the project, as estimated by the Department, if construction is part of the scope of the project; or

     (b) Three percent of the total project cost, as estimated by the Department.

     4.  Any reimbursement made pursuant to this section is payable in the manner set forth in the request for proposals but, notwithstanding the request for proposals, is payable not later than the execution of the contract or financial close, whichever occurs later.

     (Added to NAC by Dep’t of Transportation by R172-09, eff. 4-20-2010)

Contracts for Transportation Facilities

      NAC 408.692  Negotiation of contract: Authority and duties of Department; hearing requirement. (NRS 408.100, 408.215, 408.5473)

     1.  After determining the apparent successful proposer pursuant to NAC 408.686 or 408.688, the Department will attempt to negotiate a contract for the transportation facility with the apparent successful proposer.

     2.  If the Department cannot negotiate a satisfactory contract, as determined by the Department, with the apparent successful proposer, the Department may suspend or end negotiations with that proposer by notifying the proposer in writing of the Department’s decision to suspend or end negotiations.

     3.  If the Department suspends or ends negotiations with the apparent successful proposer, the Department may initiate negotiations with the proposer who was ranked as the next best proposer during the evaluation process. The Department may repeat the process of suspending or ending negotiations and beginning a negotiation with the next successful proposer until the Department can reach a satisfactory contract or until the Department has attempted to negotiate with every proposer which the Department ranked during the evaluation process.

     4.  If the Department successfully negotiates a contract with a proposer, the Department will hold a public hearing to:

     (a) Review and ratify the selection of the proposer and the contract. Ratification of a contract requires approval by the Department and execution of the contract by the Chair of the Board.

     (b) Make available to the public a summary setting forth the criteria used by the Department to select the successful proposer and the ranking of the proposers who submitted proposals and best and final offers, if applicable. The Department will not release to a third party, or otherwise make public, any financial information submitted by a proposer.

     (Added to NAC by Dep’t of Transportation by R172-09, eff. 4-20-2010)

      NAC 408.694  Requirements relating to awarded contracts. (NRS 408.100, 408.215, 408.5473)

     1.  A contract awarded by the Department for a transportation facility must:

     (a) Comply with the provisions of NRS 338.020 to 338.090, inclusive;

     (b) Contain the provisions required pursuant to NRS 408.5483; and

     (c) Specify an amount that is the maximum amount the Department will pay for the performance of all the work required by the contract, excluding any amount related to costs, charges, compensation or fees that may be incurred as a result of termination of the contract or such events, conditions or circumstances as authorized by the contract.

     2.  A proposer to whom a contract is awarded pursuant to NAC 408.650 to 408.698, inclusive, has overall responsibility for ensuring that the scope of work set forth in the contract is completed in a satisfactory manner.

     3.  A contract awarded pursuant to NAC 408.650 to 408.698, inclusive, is not effective unless and until it is ratified pursuant to subsection 4 of NAC 408.692.

     (Added to NAC by Dep’t of Transportation by R172-09, eff. 4-20-2010)

      NAC 408.696  Authority of Department upon executed contract: Authorization of licensing, permits, approvals or participation of other entities; oversight and review by Department. (NRS 408.100, 408.215, 408.5473)  The Department may authorize a successful proposer with whom the Department executes a contract to seek licensing, permits, approvals or the participation of other governmental or private entities to complete the project, subject to such oversight and review by the Department as the contract or any other separate agreement for services provides.

     (Added to NAC by Dep’t of Transportation by R172-09, eff. 4-20-2010)

Administrative Proceedings

      NAC 408.698  Public meetings, hearings and other proceedings. (NRS 408.100, 408.215, 408.5473)  The Department will conduct any public meeting, hearing or other proceeding required by the provisions of NRS 408.5471 to 408.549, inclusive, or NAC 408.650 to 408.698, inclusive.

     (Added to NAC by Dep’t of Transportation by R172-09, eff. 4-20-2010)

INFORMATIONAL AND DIRECTIONAL SIGNS FOR TOURISTS

General Provisions

      NAC 408.700  Definitions. (NRS 408.215, 408.557, 410.400)  As used in NAC 408.700 to 408.830, inclusive, unless the context otherwise requires, the words and terms defined in NAC 408.701 to 408.740, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86; A by R134-98, 12-17-2001)

      NAC 408.701  “Attraction” defined. (NRS 408.215, 408.557, 410.400)  “Attraction” means a service or activity provided by a business primarily for tourists that may include, without limitation, entertainment and cultural, historical, recreational and educational activities.

     (Added to NAC by Dep’t of Transportation by R134-98, eff. 12-17-2001)

      NAC 408.702  “Business sign” defined. (NRS 408.215, 408.557, 410.400)  “Business sign” means any separately affixed trade name mounted on a panel.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.704  “Department” defined. (NRS 408.215, 408.557, 410.400)  “Department” means the Department of Transportation.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.706  “Director” defined. (NRS 408.215, 408.557, 410.400)  “Director” means the Director of the Department.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.708  “District engineer” defined. (NRS 408.215, 408.557, 410.400)  “District engineer” means the supervisor or head of a district office of the Department.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.710  “Exiting terminal” defined. (NRS 408.215, 408.557, 410.400)  “Exiting terminal” means any roadway by which traffic may leave the main traveled way of an expressway or freeway in order to reach the general system of roads.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.712  “Expressway” defined. (NRS 408.215, 408.557, 410.400)  “Expressway” means a divided arterial highway for through traffic with full or partial control of access and generally with grade separations at major intersections.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.714  “Freeway” defined. (NRS 408.215, 408.557, 410.400)  “Freeway” means an expressway with full control of access.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.716  “Highway” defined. (NRS 408.215, 408.557, 410.400)  “Highway” means a public way for purposes of vehicular travel, including the entire area within the right-of-way.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.718  “Interchange” defined. (NRS 408.215, 408.557, 410.400)  “Interchange” means a system of interconnecting roadways, in conjunction with one or more grade separations, for the movement of traffic between two or more roadways on different levels.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.720  “Intersection” defined. (NRS 408.215, 408.557, 410.400)  “Intersection” means the general area where two or more roadways join or cross.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.722  “Main traveled way” defined. (NRS 408.215, 408.557, 410.400)  “Main traveled way” means that portion of a roadway used for the movement of traffic, but does not include a frontage road, entering and exiting terminals and areas for parking.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.724  “Panel” defined. (NRS 408.215, 408.557, 410.400)  “Panel” means a rectangular board or sheet which contains the legend “ATTRACTION,” “GAS,” “FOOD,” “LODGING” or “CAMPING,” each of which may contain directional information, one or more business signs or any combination thereof. A panel is commonly referred to as a sign panel or sign assembly.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86; A by R134-98, 12-17-2001)

      NAC 408.726  “Qualified business” defined. (NRS 408.215, 408.557, 410.400)  “Qualified business” means a business furnishing an attraction, gas, food, lodging or service for camping to the traveling public.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86; A by R134-98, 12-17-2001)

      NAC 408.728  “Responsible operator” defined. (NRS 408.215, 408.557, 410.400)  “Responsible operator” means a person who owns or manages a qualified business who has the authority to apply for the placement of a business sign.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.730  “Roadway” defined. (NRS 408.215, 408.557, 410.400)  “Roadway” means the portion of a highway, including shoulders, for vehicular use and, for a divided highway, is that portion provided for traffic moving in one direction.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.732  “Rural area” defined. (NRS 408.215, 408.557, 410.400)  “Rural area” means an area of the State whose population is 20,000 or less.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.734  “Trade name” defined. (NRS 408.215, 408.557, 410.400)  “Trade name” means a name, distinctive symbol, trademark or brand name used to identify a qualified business.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.736  “Traffic Engineer” defined. (NRS 408.215, 408.557, 410.400)  “Traffic Engineer” means the Chief Traffic Engineer of the Department.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.738  “Trailblazer” defined. (NRS 408.215, 408.557, 410.400)  “Trailblazer” means a small panel placed on a crossroad to assist the traveling public in locating the qualified business.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.740  “Visible” defined. (NRS 408.215, 408.557, 410.400)  “Visible” means capable of being seen without visual aid by a person of normal visual acuity.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.742  Applicability. (NRS 408.215, 408.557, 410.400)  Except as otherwise provided in NAC 408.774 to 408.792, inclusive, NAC 408.700 to 408.830, inclusive, apply to the interstate and the state highway system.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86; A by R134-98, 12-17-2001)

Panels

      NAC 408.744  Installation and location. (NRS 408.215, 408.557, 410.400)

     1.  Panels must be installed primarily in rural areas where services to motorists are available, but if the Department determines that the terrain or relocation of a business indicates a need for panels in an urban area in order to direct properly the traveling public, panels may be installed within that area.

     2.  Panels must be located so as to take advantage of natural terrain, to minimize the impact on the scenic environment and to avoid visual conflict with other signs along the roadway.

     3.  Not more than four panels may be installed along an approach to an exiting terminal.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86; A by R134-98, 12-17-2001)

      NAC 408.746  Order of placement. (NRS 408.215, 408.557, 410.400)  The panels for each type of available service or activity from qualified businesses must be placed on the main traveled way so that the traveling motorists, while proceeding in the direction of traffic, encounter the panels in the following order, starting from the panel farthest from the exiting terminal:

     1.  Attraction;

     2.  Camping;

     3.  Lodging;

     4.  Food; and

     5.  Gasoline.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86; A by R134-98, 12-17-2001)

      NAC 408.748  Contents; limit on number of business signs displayed; possible urban area limitation. (NRS 408.215, 408.557, 410.400)

     1.  Except as otherwise provided in this section, a single panel for each type of service or activity offered by a business for an attraction, camping, lodging, food or gasoline must be erected in advance of an interchange or intersection in each direction of traffic. A combination of not more than three types of services or activities may be placed on a single panel, if space is available. Any such combination must be approved by the Traffic Engineer.

     2.  Not more than six business signs may be displayed on a panel.

     3.  The Department may limit the number of panels that may be erected at an interchange in an urban area to one panel to ensure that the installation of panels in the area complies with the requirements for spacing prescribed in the Department’s Manual on Uniform Traffic Control.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86; A by R134-98, 12-17-2001)

Business Signs: Type of Service and Qualifications of Service

      NAC 408.750  Types of services or activities for which business signs may be displayed on panel. (NRS 408.215, 408.557, 410.400)  The type of service or activity for which a business sign may be displayed on a panel is limited to providing an attraction, gasoline, food, lodging or space for camping. Each type of service or activity must satisfy the applicable criteria set forth in NAC 408.751 to 408.758, inclusive, to qualify for a business sign.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86; A by R134-98, 12-17-2001)

      NAC 408.751  Qualifications of service: Providing attraction. (NRS 408.215, 408.557, 410.400)  If the type of service or activity of a qualified business is providing an attraction, the qualified business must:

     1.  Be open to all persons regardless of age, race, religion, color, sex or national origin;

     2.  Comply with all federal, state and local statutes, regulations and ordinances pertaining to health, sanitation, accessibility and safety at public accommodations;

     3.  Provide adequate parking; and

     4.  Be located not more than 3 miles from an exiting terminal.

     (Added to NAC by Dep’t of Transportation by R134-98, eff. 12-17-2001)

      NAC 408.752  Qualifications of service: Selling gasoline. (NRS 408.215, 408.557, 410.400)  If the type of service is selling gasoline, it must:

     1.  Provide services for vehicles, including fuel, oil, repair of tires and water;

     2.  Have restrooms and drinking water;

     3.  Be in continuous operation for at least 12 hours per day for 7 days a week;

     4.  Provide telephone service; and

     5.  Be licensed, where required, as a service or facility for selling gasoline.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.754  Qualifications of service: Providing food. (NRS 408.215, 408.557, 410.400)  If the type of service is providing food, it must:

     1.  Be licensed, where required, as a service or facility where food is served;

     2.  Be in continuous operation for the daily serving of noon and evening meals for 7 days a week;

     3.  Provide telephone service; and

     4.  Be in the primary business of providing prepared meals.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.756  Qualifications of service: Providing lodging. (NRS 408.215, 408.557, 410.400)  If the type of service is providing lodging, it must:

     1.  Be licensed, where required, as a service or facility for lodging;

     2.  Have adequate sleeping accommodations; and

     3.  Provide telephone service.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.758  Qualifications of service: Providing space for camping. (NRS 408.215, 408.557, 410.400)  If the type of service is providing space for camping, it must:

     1.  Be licensed, where required, as a service or facility for camping;

     2.  Have adequate parking;

     3.  Have drinking water; and

     4.  Have modern sanitary facilities.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.760  Location of qualified business. (NRS 408.215, 408.557, 410.400)  Except as otherwise provided in NAC 408.751 and 408.800, a qualified business must be located within 1 mile of an interchange or intersection, measured by the distance from the center point of the interchange or intersection to the nearest point of convergence of the driveway of the business with a highway.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86; A by R134-98, 12-17-2001)

      NAC 408.762  Supplemental panels. (NRS 408.215, 408.557, 410.400)

     1.  If a qualified business is not visible from any part of the exiting terminal, a supplemental panel must be placed on the exiting terminal at such location as will serve best the motoring public and will be compatible with traffic safety.

     2.  If a qualified business is visible from any part of the exiting terminal, a supplemental panel may be placed on the exiting terminal at such location as will serve best the motoring public and diminish hazards to traffic or to minimize confusion because of the complexity of a particular interchange.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86; A by R134-98, 12-17-2001)

Design and Contents of Panels, Business Signs and Trailblazers

      NAC 408.764  Panels: Design of borders and size. (NRS 408.215, 408.557, 410.400)  A panel must have a blue background with a white border which is reflectorizing. The size of the panel must not exceed the minimum size necessary to accommodate the maximum number of allowable business signs using the specifications in NAC 408.766 to 408.792, inclusive. For matters not specified, the panel must comply with the Department’s Manual on Uniform Traffic Control Devices.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.766  Design of business signs. (NRS 408.215, 408.557, 410.400)  A business sign must have a blue background with a white legend and a white border. The principal legend must be at least equal in height to the directional legend on the panel. If only a trade name is used on a business sign, the border may be omitted. The business sign must be reproduced in the color and shape consistent with customary use. Any internal legend must be proportionately sized to the principal legend on the panel.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.768  Design of panels: Directional arrows and legends; restriction; spaces between business signs. (NRS 408.215, 408.557, 410.400)

     1.  Directional arrows and directional legends used on a panel must reflectorize and must be white.

     2.  Any trade name resembling an official device for controlling traffic must not be placed on a panel.

     3.  The spaces between business signs on a panel must not exceed 8 inches in height and 12 inches in width.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.770  Required contents of panels and supplemental panels. (NRS 408.215, 408.557, 410.400)  Panels and supplemental panels must bear the legend “ATTRACTION,” “GAS,” “FOOD,” “LODGING” or “CAMPING,” as applicable, and one or more horizontal rows of business signs, with a directional arrow as appropriate.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86; A by R134-98, 12-17-2001)

      NAC 408.772  Trailblazers: Placement and lettering. (NRS 408.215, 408.557, 410.400)  A trailblazer may be installed at the intersection of state highways or at the intersection of a state highway and a county road or city street if the trailblazer can be placed on the state highway’s right-of-way. The lettering on a trailblazer must conform to the requirements of the Department’s Manual on Uniform Traffic Control Devices.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

Interstate Highway System and Freeways

      NAC 408.774  Provisions applicable to interstate highway system and freeways. (NRS 408.215, 408.557, 410.400)  In addition to the other requirements in NAC 408.700 to 408.830, inclusive, the requirements in NAC 408.776 to 408.788, inclusive, apply to the interstate highway system and freeways.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.776  Location of panel. (NRS 408.215, 408.557, 410.400)  Each panel must be erected between the previous intersection or interchange and no less than 800 feet in advance of the exiting terminal at the interchange or the intersection from which the services of a qualified business are available. There must be at least 800 feet between each panel.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.778  Restrictions on location of panel. (NRS 408.215, 408.557, 410.400)  A panel must not be erected at an interchange or intersection where the motorist cannot conveniently reenter the freeway and continue in the same direction of travel, at interchanges between a freeway and an expressway or at an interchange between freeways. If there is a business loop, the panel may be placed at the interchange or intersection closest to the qualified business. If the business is at a point halfway between an intersection or an interchange, the responsible operator may select the intersection or interchange for the placement of the business sign.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.780  Supplemental panels. (NRS 408.215, 408.557, 410.400)

     1.  At an interchange with a single exit where qualified businesses are not visible from the exiting terminal, supplemental panels must be installed along the exiting terminal and may be provided along the crossroad. Supplemental panels must be duplicates of the panels located along the main traveled way but reduced in size. The supplemental panels must specify the distance to the business and have directional arrows instead of words. The minimum height for lettering on the supplemental panel is 4 inches and any legend on a business sign on the panel must be proportionately sized.

     2.  Supplemental panels may also be used on exiting terminals and crossroads at interchanges with double exits.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.782  Contents of panels. (NRS 408.215, 408.557, 410.400)

     1.  At an interchange with a single exit, the type of service or activity followed by the number of the exit must be displayed on a panel in a single line above the business signs. At an interchange which is not numbered, the directional legend “NEXT RIGHT” or “NEXT LEFT” must be substituted for the number of the exit.

     2.  At an interchange with double exits, panels must consist of two sections, one for each exit. The top section must display the business sign for the first exit, and the lower section must display the business sign for the second exit. The type of service or activity followed by the number of the exit must be displayed on the panel in a single line above the business signs in each section. At an interchange which is not numbered, the directional legends “NEXT RIGHT” or “NEXT LEFT” or “SECOND RIGHT” or “SECOND LEFT” must be substituted for the number of the exit. If a panel for a type of service or activity is to be placed at only one exit, one section of the sign panel may be omitted or a panel used for an interchange with a single exit may be used.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86; A by R134-98, 12-17-2001)

      NAC 408.786  Size of business signs. (NRS 408.215, 408.557, 410.400)  Each business sign, including the border, displayed on a panel must be contained within a 48-inch-wide and a 36-inch-high rectangular area.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86; A by R134-98, 12-17-2001)

      NAC 408.788  Lettering on panels. (NRS 408.215, 408.557, 410.400)  The directional legend on a panel and all letters used to depict the type of service must be in 10-inch capital letters. Numbers must be 10 inches in height.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

Expressways

      NAC 408.790  Provisions applicable to expressways. (NRS 408.215, 408.557, 410.400)  Except as otherwise provided in NAC 408.792, the provisions of NAC 408.778 to 408.788, inclusive, apply to panels, supplemental panels and business signs located on an expressway.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86; A by R134-98, 12-17-2001)

      NAC 408.792  Placement of panels. (NRS 408.215, 408.557, 410.400)

     1.  Each panel must be erected between intersections and no less than 300 feet in advance of the intersection from which the service of a qualified business is available. The spacing between panels and between panels and other devices for controlling traffic must be determined on the basis of an engineering study by the Department. Business signs must not be displayed for any business that is visible from a point, 300 feet from the intersection, on the main traveled way.

     2.  Supplemental sign panels may be provided on the crossroads.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

Application for Placing Business Sign on Panel

      NAC 408.796  Period of acceptance; ranking; fee authorized in certain circumstances. (NRS 408.215, 408.557, 410.400)

      1.  If the Department desires to place business signs on a new panel, the Department or its contractor will do the following:

     (a) Accept applications for a period of 30 days after the date specified by the Department or contractor.

     (b) If the number of applications received within the 30-day period exceeds the maximum number of available spaces for business signs on any single panel, base the order of ranking on the proximity of each qualified business to the interchange, giving preference to the qualified business located closest to the terminus of the off ramp.

     2.  When six or more qualified businesses apply to display a business sign for an attraction on a panel, the Department or its contractor may establish a fee applicable to the specific area where the business sign will be displayed which reflects the market value for a sign in that area.

     3.  As used in this section, “contractor” means a person who enters into a contract with the Department to administer a program for erecting signs for specific services or activities as authorized by the Department’s Manual on Uniform Traffic Control Devices.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86; A by R134-98, 12-17-2001)

      NAC 408.798  Application by responsible operator: Contents; assurances. (NRS 408.215, 408.557, 410.400)

     1.  The responsible operator of a business must submit an application on a form specified by the Department and pay the appropriate fees for the first year. The applicant shall state the necessary number of business signs that will be affixed to the panel or, where applicable, the supplemental panel or trailblazer.

     2.  Each applicant shall provide written assurance at the time of application that the applicant will comply with all applicable laws respecting public accommodations and providing service without regard to race, religion, color, gender or national origin.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.800  Acceptance of applications of businesses located more than 1 mile from interchange or intersection. (NRS 408.215, 408.557, 410.400)

     1.  If there are not enough businesses serving motorists located within 1 mile from the interchange or intersection submitting applications for the placement of a business sign on a panel, applications may be submitted to the Department from other businesses which are located up to 3 miles from the interchange or intersection being considered.

     2.  If there are still not enough businesses submitting an application in the first 3 miles, applications from other businesses which are located more than 3 miles and up to 6 miles from the interchange or intersection being considered may be submitted to the Department. The Traffic Engineer may consider the application upon showing by the applicant that the business can be easily located and additional panels, other than a supplemental panel or trailblazer, would not be necessary to direct the traveling public to the business.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.802  Approval of application by Traffic Engineer. (NRS 408.215, 408.557, 410.400)  The Traffic Engineer shall approve an original application or application for renewal if he or she determines that the applicant’s business complies with the criteria for the placement of a business sign on a panel.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.804  Denial of application by Traffic Engineer. (NRS 408.215, 408.557, 410.400)  An application of a business which meets all of the requirements for eligibility for placement of a business sign may be denied by the Traffic Engineer if he or she determines that adequate direction to the business cannot be given by a reasonable number of allowable supplemental panels or trailblazers.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.806  Duration of approval; renewal. (NRS 408.215, 408.557, 410.400)  Any approval of a new application or an application for renewal entitles the applicant to the placement or continuance of its business sign on a particular panel for 12 months after date of installation of the business sign on the panel. If the responsible operator wants to continue the placement of a business sign on a panel, he or she must submit an application for renewal 30 days before the expiration of the 12-month period. Eligibility of a qualified business for continued placement of its business sign on a panel must be reviewed by the Traffic Engineer before granting or denying the application for renewal using the same criteria as for the initial application. Prior notice of the deadline for renewal may be provided by the Department to the responsible operator.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.808  Notification of applicant and district engineer if application is approved. (NRS 408.215, 408.557, 410.400)

     1.  The Department will notify the successful applicant of the approval of his or her application so that he or she has adequate time to furnish the Department with the necessary number of business signs.

     2.  Upon approval of an application, the Traffic Engineer shall notify the district engineer and provide him or her with the information necessary for the installation of the business signs on the panel and, if necessary, the erection of a supplemental panel or trailblazer.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.810  Cancellation of application. (NRS 408.215, 408.557, 410.400)  The Traffic Engineer may cancel the application if the applicant has not timely provided the Department with the necessary number of business signs or if the business signs do not comply with the requirements for placement on a panel.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.812  Supplemental sign for business providing diesel fuel. (NRS 408.215, 408.557, 410.400)

     1.  A supplemental sign with the legend “DIESEL” may be placed on a panel underneath the legend “GAS” if the qualified business has diesel fuel available during its hours of operation. In order to have a sign for diesel fuel installed, the qualified business must submit an application, along with the appropriate fees, on a form approved by the Department.

     2.  The sign must be 36 inches wide and 7 inches high. The color must be blue, with white letters that are 5 inches high. The sign for diesel fuel must be furnished and installed by the Department, and the Department must maintain and replace the sign when it becomes damaged or worn.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

Removal of Business Sign From Panel

      NAC 408.814  Circumstances requiring removal. (NRS 408.215, 408.557, 410.400)  The business sign of a qualified business must be removed from a panel and may be replaced by the business sign of another qualified applicant if the qualified business:

     1.  Does not substantially comply with the requirements of NAC 408.750 to 408.758, inclusive;

     2.  Closes its business for more than 7 consecutive days or for more than a total of 10 days during any 12-month period, unless the closure was beyond the control of the responsible operator or was compelled by justifiable circumstances;

     3.  Fails to comply with subsection 2 of NAC 408.798, unless the responsible operator promptly assures the Traffic Engineer that the infraction will not recur; or

     4.  Allows the business sign to become obsolete.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.816  Temporary removal. (NRS 408.215, 408.557, 410.400)  If, as a result of fire, accident or similar occurrence, a qualified business becomes inoperable for a period of time which exceeds 7 days but is not more than 90 days, its business sign must be temporarily removed from all panels. The business is not required to reapply before the normal time for application for renewal. The Traffic Engineer may grant an extension for good cause, as shown by the responsible operator, but the failure of the responsible operator to proceed with the necessary repair of the qualified business as rapidly as possible may jeopardize the continued placement of the business sign on a panel and the Traffic Engineer may require the responsible operator to submit a new application.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.818  Removal for noncompliance with regulations or at request of responsible operator. (NRS 408.215, 408.557, 410.400)

     1.  If the responsible operator receives two notices of noncompliance with NAC 408.700 to 408.828, inclusive, and does not comply, the business sign must be removed from the panel, supplemental panel or trailblazer.

     2.  A business sign may also be removed if the responsible operator requests the:

     (a) Temporary removal because of the temporary or seasonal nature of his or her particular business; or

     (b) Removal of the business sign from the panel, supplemental panel or trailblazer.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.820  Loss of order of priority of qualified business. (NRS 408.215, 408.557, 410.400)  Upon the removal of a business sign, the qualified business loses its order of priority in the ranking for placement of a business sign unless:

     1.  It corrects the deficiency before the acceptance of another applicant by the Traffic Engineer; or

     2.  The removal of the business sign is temporary pursuant to NAC 408.816.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

Miscellaneous Provisions

      NAC 408.822  Inspection by Department. (NRS 408.215, 408.557, 410.400)  The Department will inspect the panels, supplemental panels and trailblazers for business signs that are not securely attached.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.824  Duties of responsible operator. (NRS 408.215, 408.557, 410.400)  The responsible operator shall:

     1.  Furnish the necessary number of business signs for placement and replacement on panels, supplemental panels and trailblazers;

     2.  Keep the business signs current; and

     3.  Provide additional business signs to replace obsolete business signs and business signs damaged or lost because of vandalism or theft.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.826  Fees. (NRS 408.215, 408.557, 410.400)

     1.  An applicant shall submit a nonrefundable fee established by the Department with his or her application for a business sign or application for renewal.

     2.  The Department will establish and assess the following fees:

     (a) An annual fee for rental for placement of a business sign on a panel, supplemental panel or a trailblazer, payable within 20 days after notification to the applicant of the approval of his or her application or renewal.

     (b) If an applicant requests and qualifies for a sign for diesel fuel, an additional annual fee for rental for each such sign.

     (c) A fee for installation of each business sign and sign for diesel fuel, payable within 20 days after notification to the applicant of the approval of his or her application.

     (d) After the Department removes, even temporarily, a business sign from a panel, supplemental panel or trailblazer, a fee against the responsible operator for removal of each business sign.

     (e) If a business sign is reinstalled after its removal, a fee for the reinstallation of each business sign.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.828  Refund of fee. (NRS 408.215, 408.557, 410.400)

     1.  If a business sign has been removed from a panel, supplemental panel or trailblazer, the unused portion of the prepaid annual fee for rental must be refunded to the responsible operator, unless the business sign is temporarily removed under the provisions of subsection 2 of NAC 408.818.

     2.  If a Traffic Engineer cancels an application pursuant to NAC 408.810, the Department will refund the unused portion of the prepaid annual fee for rental to the responsible operator.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)

      NAC 408.830  Appeal of decision of Traffic Engineer. (NRS 408.215, 408.557, 410.400)

     1.  Any person aggrieved by a decision of the Traffic Engineer may appeal that decision in writing to a hearings officer of the Department appointed by the Director. The request for an appeal must be made within 15 working days after the decision is rendered.

     2.  Within 30 working days after the hearings officer receives the request for appeal, a prehearing conference must be held, involving the person requesting the appeal, the district engineer, the Traffic Engineer and one other officer of the Department designated by the Director.

     3.  A hearing must be held before the hearings officer 45 days after the hearings officer receives the request for appeal if the matter has not been resolved through a prehearing conference.

     (Added to NAC by Dep’t of Transportation, eff. 9-16-86)