Nevada Bulk Transmission Land Access(3-NV)
Utilities Environmental Protection Act (UEPA)Permit
The Nevada Public Utilities Commission (PUCN) has the authority to site most high-voltage transmission lines within the state as authorized through the Utilities Environmental Protection Act (UEPA).N.R.S. 704 Proponents wishing to construct a transmission line within the state of Nevada that are greater than or equal to 200kV, must first obtain a UEPA permit from the PUCN prior to the commencement of construction activities. Permit approval is granted by the Commission, which is comprised of three Commissioners who are each appointed by the Governor to a four-year term. N.R.S. 703
Exemptions from the UEPA permit requirements include, but are not limited to:N.R.S. 704
- Transmission lines with a capacity less than 200kV
- The replacement of existing utilities
- Construction of utility facilities under the exclusive jurisdiction of an agency of the federal government
- Facilities owned by a cooperative or nonprofit corporation/association subject to the provisions of the National Environmental Policy Act.
ROW Across State Lands
The Nevada Division of State Lands (NDSL), State Lands Office, manages lands used by most state agencies, sovereign lands, school trust lands, and sensitive land in the Tahoe Basin. The State Lands Office is responsible for issuing leases, easements and permits on lands held in title by the state. An easement would be required for construction of a transmission line across state lands.
Developers may obtain a right-of-way (ROW) across state land by submitting an Application to Use State Lands, the same form for a lease, to the NDSL. NRS 322 - Use of State Lands Unlike an application for a lease, an application for a ROW across state lands does not invoke the competitive bidding process. ROW applications do not require approval from either the Nevada State Board of Examiners or Nevada Interim Finance Committee, but the final authorization must be on a form prepared by the Nevada Attorney General. NRS 322 - Use of State Lands
If the project requires the permanent (for one year or longer) encroachment on any Nevada streets, highways, or other ROWs, the developer will need to submit an Occupancy Permit Application to the Nevada Department of Transportation (NDOT). NRS 408.423 - Permit Required to Excavate State Highway Depending on the requested encroachment and duration of any necessary construction, the NDOT may require a traffic control plan, and/or drainage report.
Local regulatory authorities include counties and local municipalities within the state of Nevada. In Nevada, the state has permitting jurisdiction over transmission line projects with a capacity of 200kV or more. Local government permitting requirements may also apply. Requirements and permits needed for construction of a transmission line will vary by county and municipality.N.R.S. 278 Some or all of the following elements as they relate to land access, may be required:
- Special Use permit
- Conditional Use permit
- Development Agreement
- Off-Site Improvement permit
- Site Improvement permit
- ROW Encroachment permit/ROW grant
- Road Improvement Plan Approval
- Site Development Plan
Determine Which State and Federal Permits Apply
Use this overview flowchart and following steps to learn which federal and state permits apply to your projects.
Permitting at a Glance
|State Land Right of Way Agency:||Nevada Division of State Lands|
|State Land Right of Way Process:||Developers may obtain a right of way (ROW) across state lands by submitting an Application to Use State Lands. The Nevada Attorney General prepares the final authorization for a state land ROW.|
|State Highway Right of Way Agency:||Nevada Department of Transportation|
|State Highway Right of Way Process:||Developers of projects permanently encroaching (one year or longer) on state streets or highways will need to submit an Occupancy Permit Application to the Nevada Department of Transportation (NDOT). Depending on the encroachment, NDOT may require additional traffic control planning and drainage reporting.|
|Eminent Domain:||Public utilities have the power of eminent domain for siting and facilities Nev. Stat. Ann. § 37.010.|
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