Nev. Admin. Code § 408.411

Current through November 8, 2024

Section 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

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.

Nev. Admin. Code § 408.411

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

NRS 408.215, 408.423, 484A.430