NAC408.409. Longitudinal installation of facility upon state highway or right-of-way of state highway; adoption by reference of publications for placement of facilities; restoration of appurtenances and natural features.

     1. A longitudinal installation of a utility’s facility upon a state highway or right-of-way of a state highway must be made as far from the traveled way as possible.

     2. The Department hereby adopts by reference:

     (a) A Guide for Accommodating Utilities Within Highway Right-of-Way, 1994 edition, and any subsequent edition issued by the American Association of State Highway and Transportation Officials, which has been approved by the Department for use in this state. Each new edition shall be deemed approved by the Department unless the edition is disapproved by the Department within 60 days after the date of publication by the American Association of State Highway and Transportation Officials. The Department will review each edition issued after the 1994 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 $6.

     (b) The Roadside Design Guide, 1996 edition, and any subsequent edition issued by the American Association of State Highway and Transportation Officials, which has been approved by the Department for use in this state. Each new edition shall be deemed approved by the Department unless the edition is disapproved by the Department within 60 days after the date of publication by the American Association of State Highway and Transportation Officials. The Department will review each edition issued after the 1996 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 $55.

     3. The Department will use the publications described in subsection 2 to determine whether the placement of a utility’s facility which is mounted on the ground or an encroachment which is above the ground is acceptable or must be altered, or, if it cannot be altered, what measures must be taken to ensure highway safety.

     4. If a utility’s facility or other authorized encroachment is placed within any state highway, the utility or the owner of the encroachment shall restore all highway facilities, appurtenances, natural features and vegetation disturbed in the placement of the encroachment to a condition which is at least comparable to the condition which existed before the placement of the encroachment.

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