NAC408.427. Application; approval of local government.

     1. An application for an occupancy permit to place a facility or other encroachment on a state highway or within a right-of-way of a state highway must include:

     (a) The highway alignment, including the centerline and right-of-way lines, mileposts and highway engineering stationing in relation to the proposed facility or other encroachment;

     (b) Color coding, with a legend which indicates:

          (1) The facility to be installed in red;

          (2) The facility to be removed, abandoned or adjusted in green; and

          (3) The location of each existing facility in blue;

     (c) Directional orientation, including arrows pointing north and tangent bearings which are drawn to engineering or architectural scale;

     (d) The widths, boundaries, property lines and significant topographic features of the right-of-way of the highway;

     (e) Profile or cross-section drawings indicating the proposed overhead or underground utility or drainage installations in relation to the highway;

     (f) The location of any existing facility if any change, extension or addition to the existing facility is proposed; and

     (g) A map of the area where the proposed facility or encroachment will be located.

     2. The Department will not authorize:

     (a) The placement of any encroachment which is not necessary for the development, use or enjoyment of the property adjacent to the highway or which is not otherwise clearly in the public interest; or

     (b) The placement of a monument within the right-of-way of a highway at the entrance of a subdivision or other development.

     3. The Department may require a change in the prior approval of the placement of a facility or other encroachment within a right-of-way of a state highway if the change is necessary to protect the users of the highway or the facility. If the Department has issued an occupancy permit for the facility or encroachment, the required change must be made at the expense of the owner of the facility or encroachment.

     4. A person who is issued an occupancy permit that authorizes the placement of an encroachment within the right-of-way of a highway shall obtain the approval required by a local government for the proposed improvement. If the approval of a local government differs from the approval granted by the Department, the holder of the permit shall coordinate the resolution of all differences between the Department and the local government.

     5. As used in this section, “monument” means an object or structure that identifies or advertises a development or subdivision.

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