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

SectionTopic
408.010–.290Definitions for installation and encroachment rules
408.403Permit mandates for all rights-of-way facilities
408.409Placement standards and restoration guidelines
408.423+Occupancy permits for telecom, including annual and emergency provisions
408.4406Permit details for telecom facilities under ½ mile
408.567Guidelines 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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