NAC408.4398. Occupancy permit: Contents of application; provision for additional information; evidence of approval.

     1. Except as otherwise provided in NAC 408.403, a provider of telecommunications or community antenna television company that applies for an occupancy permit must provide to the Department:

     (a) The information required by the provisions of subsection 6 of NAC 408.411, NAC 408.413 and 408.427, and subsection 3 of NAC 408.523.

     (b) Four sets of detailed plans, drawings or maps.

     2. In addition to the information required in subsection 1, where required by the particular circumstances, the Department may require a provider of telecommunications or community antenna television company that applies for an occupancy permit to provide:

     (a) A plan for the drainage of water, including calculations for the runoff of water for a telecommunications facility that will affect the right-of-way. The calculations must include peak runoff of water for existing and proposed development conditions if the use of the land will be substantially altered. Existing flow patterns at the highway must be perpetuated, and any changes to the drainage system of the highway proposed by the provider of telecommunications or community antenna television company must be supported by drainage calculations. The provider or company shall provide for the attenuation of peak flows that may have increased because of the development.

     (b) A survey of cultural resources including any appropriate mitigating action that will be conducted for a telecommunications facility that will be placed longitudinally within a previously undisturbed section of the right-of-way or for lateral crossings or approaches requiring substantial disruption of previously undisturbed sections of the right-of-way. If a survey of cultural resources is required, a written report of the survey must be provided.

     3. In addition to the requirements set forth in subsections 1 and 2, as applicable, a provider of telecommunications or a community antenna television company that installs or constructs a telecommunications facility on a section of a freeway where access is controlled shall provide to the Department the information required by subsections 3, 4 and 5 of NAC 408.411.

     4. If approval from a local government is required for the installation or construction of a telecommunications facility and evidence of the approval is not submitted to the Department, the Department may issue an occupancy permit pursuant to this section that is contingent upon the approval of the local government.

     5. If approval from a federal agency or a state agency other than the Department is required for the installation or construction of a telecommunications facility and evidence of the approval is not submitted to the Department, and an occupancy permit may otherwise be issued by the Department, the Department will issue a notice of intent to issue the occupancy permit upon the approval of the federal or state agency.

     (Added to NAC by Dep’t of Transportation by R082-01, eff. 11-1-2001)