412 Neb. Admin. Code, ch. 2, § 001

Current through September 17, 2024

Section 412-2-001 - General

001.01 Lawful Use - The placement, use, and maintenance of a Mailbox shall be considered a necessary and proper use of state highway property.

001.02 Applicability

001.02A These rules and regulations only apply to the installation of new Mailboxes on state highways completed after the effective date of the 2020 revisions of these rules and regulations.

001.02B Mailboxes existing on the date of the 2020 revisions will be allowed to remain in place so long as they were in substantial compliance with the rule and regulation in effect when such Mailbox was first installed.

001.02C The following will not be considered a new Mailbox installation:

001.02C1 Replacement of a Mailbox Receptacle or the addition of another Mailbox Receptacle on the same Mailbox Support;

001.02C2 Replacement or addition of a newspaper delivery box;

001.02C3 Repair or maintenance of any part of the Mailbox;

001.02C4 Resetting a pre-existing conforming Mailbox Support at the approximate location of the pre-existing Mailbox;

001.02C5 Replacement of a non-conforming Mailbox Support with a conforming Mailbox Support at the approximate location of the preexisting Mailbox;

001.02C6 Replacement of a Mailbox Support with a conforming multiple Mailbox Support;

001.02C7 Installation of a new Mailbox next to an existing Mailbox or row of Mailboxes;

001.02C8 Other similar minor repairs, maintenance, adjustments and alterations of an existing Mailbox.

001.03 Mailbox Removal: The Department is authorized, but not required, to remove a Mailbox located on highway property under the following circumstances:

001.03A When the Mailbox does not conform to the version of these rules and regulations in effect prior to the 2020 rule revisions.

001.03B When the Department is constructing or completing a highway project in any instance when the Department determines such Mailbox should be removed.

001.03C When a new mailbox has been installed after the effective date of the 2020 rule revisions when such new Mailbox does not meet the requirements of these revised rules.

001.03D The Department, in its sole discretion, retains the right to remove one or more mailboxes and reinstall them at a conforming location when the Department has given notice to the Mailbox Owner that the mailbox needs to be removed and reinstalled in conformance with these rules and the mailbox owner has failed to remove it within a reasonable time.

001.04 Statement of Intent

001.04A These regulations are intended to promote general uniformity for the installation of Mailboxes. The standards set out below are based on multiple considerations including, but not limited to, uniformity, the efficiency of mail delivery and retrieval, and the overall operation of the highway facility.

001.04B However, because of the inherent imprecision of installation and measurement, the strict application of the dimensions set out in these standards to a particular installation may be inappropriate. Measurements may vary as a result of the measurement method used and the inherent discretion required in selecting the appropriate beginning and end points of the feature being measured. Further, the dimensions set forth below are intended to identify the typical Mailbox installation. Precise compliance with the typical Mailbox installation provisions does not necessarily enhance the efficiency of mail delivery and retrieval, grandfathering of existing mailbox installations that conformed to the prior version of these rules or the overall safety of the highway facility.

001.04C Absent bad faith, a failure to meet these provisions should not be viewed as improper, as a violation of these provisions, or as evidence of negligence, in and of itself. Therefore, these rules should not be interpreted as requiring strict compliance at each location because such precision was not intended.

001.04D This statement of intent is not intended to limit or affect any remedy available to the Department by law.

001.05 The Department is authorized, but is not required, when completing a highway construction or maintenance project, to remove and relocate Mailboxes to the extent deemed appropriate by the Department, as a part of such project.

001.06 Interstate Highways and Freeways: Mailboxes will not be allowed on a any highway included as part of the National System of Interstate and Defense Highways, or b any Department designated freeway.

412 Neb. Admin. Code, ch. 2, § 001

Adopted effective7/12/2021