NAC408.403. Facility or encroachment upon state highway or right-of-way for state highway: Authorization required; extent of authorization.

     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)