Nevada Administrative Code
Chapter 408 - Highways, Roads and Transportation Facilities
INSTALLATION AND RELOCATION OF FACILITIES AND ENCROACHMENTS
Telecommunications Facilities
Section 408.4394 - Limitation on trenching, plowing or boring; exceptions; no limitation on number of applications

1. Except as otherwise provided in subsection 2, to minimize adverse impacts to the state highway or highway rights-of-way, and related highway facilities and pavement structures, and to avoid a significant compromise of the safe, efficient and convenient use of the state highway system for the traveling public, the Department may limit the number of trenches, plowings or borings in a section of a state highway or right-of-way for the installation of a telecommunications facility to once every 5 years.

2. The Department may, at any time, and shall, once every 18 months, grant an exception to the limitation set forth in subsection 1 if the trenching, plowing or boring is:

3. In determining whether to grant an exception pursuant to subsection 2, the Department will, in its management of rights-of-way, consider:

4. If an exception is granted pursuant to subsection 2, the provider of telecommunications or community antenna television company must obtain an occupancy permit from the Department for the additional trenching, plowing or boring. As a condition of issuing the occupancy permit, the Department may require the provider or company to mitigate any effects that the trenching, plowing or boring will cause to the state highway or right-of-way.

5. The provisions of subsection 1 do not limit the number of applications for an occupancy permit that a provider of telecommunications or a community antenna television company may submit to the Department for the same or a substantially similar section of a state highway or right-of-way if the trenching, plowing or boring is:

6. Nothing in this section is intended to impair any rights which may be afforded to telecommunications carriers under the Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56-161.