NAC408.407. Transverse crossing and longitudinal encroachment of state highway: Requirements.

     1. The Department may allow the transverse crossing and longitudinal encroachment of a state highway by a line of a private utility if the length of the crossing or encroachment is less than 1/2 mile (0.8 kilometer). A longitudinal encroachment of a state highway by a line of a private utility if the length of the crossing or encroachment is more than 1/2 mile (0.8 kilometer) must be proven by the owner of the utility to be in the public interest. The Department will allow such an encroachment if the private line provides service to the general public or a significant segment thereof.

     2. The owner of a private utility who wishes to place a longitudinal encroachment which is more than 1/2-mile (0.8 kilometer) long in the right-of-way of a state highway must file an application with the Department. The application must include:

     (a) The service which will be provided by the utility;

     (b) The specific market or segment of the public which will be served;

     (c) The location or distribution of the segment of the public which will be served;

     (d) The basis for marketing the commodity or service conveyed; and

     (e) Any economic benefits which will accrue to this state or the residents of this state if the application is approved.

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