Nevada Administrative Code Chapter 408 - Highways, Roads and Transportation Facilities
Here’s a structured overview of Nevada Administrative Code – Chapter 408: Highways, Roads and Transportation Facilities:
🛣️ Scope & Organization
Chapter 408 covers a wide range of topics related to state highways and related infrastructure, including:
Installation & relocation of facilities in rights-of-way
Acquisition and disposal of highway property
Roadside parks and rest areas
Transportation facilities
Tourist informational and directional signage
Telecommunications access within rights-of-way (regulations.justia.com)
🔧 Installation & Relocation of Facilities (§408.010–.559)
➤ General Provisions & Definitions (§408.010)
Terms used throughout the chapter are defined in §§ 408.013–.290 (regulations.justia.com).
➤ Permit Requirements (§408.403)
Facilities or encroachments on state highway rights-of-way require a permit from NDOT, unless they predate the highway designation. Joint use is allowed if it won’t compromise safety, safety, maintenance, or aesthetics. Utilities must be reimbursed for relocations when they held prior rights (law.cornell.edu).
➤ Design & Placement Standards (§408.409)
Encourages installing utility facilities as far from the travelway as feasible.
Adopts national standards—AASHTO’s Guide for Accommodating Utilities (1994) and Roadside Design Guide (1996)—for placement and restoration (law.cornell.edu).
Utilities must restore disturbed features to a condition “at least comparable” to their pre-installation state (law.cornell.edu).
🌐 Telecommunications in Rights-of-Way
NDOT issues Occupancy Permits for telecommunication installations (§408.423 ff.), including:
Telecom facilities defined broadly (cables, fiber, conduit, poles, transmitters) (leg.state.nv.us, leg.state.nv.us).
Annual permits for projects under ½ mile (§408.4406), requiring advance notification, traffic-control plans, and potential bonds for restoring highways to pre-work conditions (leg.state.nv.us).
Emergency provisions allow work before full permits are issued—provided NDOT is notified and restoration rules are followed (leg.state.nv.us).
Installations are presumed underground unless aerial placement is explicitly approved due to special circumstances (§408.567) (leg.state.nv.us).
📝 Acquisition, Disposal & Relinquishment
Temporary additions to NAC (via T001‑14) outline procedures for relinquishing roads between NDOT and local governments (§408.567), including development of a “Guide to Roadway Relinquishments,” public feedback processes, and NDOT-Board approval procedures (leg.state.nv.us).
✅ Summary Table
Section | Topic |
---|---|
408.010–.290 | Definitions for installation and encroachment rules |
408.403 | Permit mandates for all rights-of-way facilities |
408.409 | Placement standards and restoration guidelines |
408.423+ | Occupancy permits for telecom, including annual and emergency provisions |
408.4406 | Permit details for telecom facilities under ½ mile |
408.567 | Guidelines for road relinquishment processes |
🧭 How NAC Interacts with NRS Chapter 408
NRS 408.215, .423, .527, .5502–.55029 provide statutory authority and procedural foundations
NAC 408 implements detailed administrative rules: permits, standards, telecom access, abandonments, and relinquishments
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