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Nebraska State Highway Right-of-Way (3-NE-c)

Information current as of 2020
In Nebraska, a developer may need an Occupy Right-of-Way Permit from the Nebraska Department of Roads (“NDOR”) to encroach upon any portion of a State highway right-of-way with an underground or aboveground pipe, pole line, conduit or guy wire. 39 N.R.S. §§ 1359(1), 1361; 410 N.A.C §§ 001.02, 002.02; Department of Roads Permit Application Guidelines, at p.2.

In addition, a developer must obtain approval from the Nebraska Public Service Commission to place any wire across any rail track at public highway crossings. 75 N.R.S § 704.

NDOR has the authority to “adopt reasonable rules and regulations and issue permits for the…use of any private entrance or exit, approach road, facility, thing or appurtenance upon or connected to highway rights-of-way.” 39 N.R.S. § 1333. NDOR regulates state highway right-of-ways pursuant to Nebraska – 39 N.R.S. §§ 101 et seq., Highways and Bridges; Nebraska Regulations – 410 N.A.C. §§ 001 et seq., Utility Permits.

State Highway Right-of-Way Process

3-NE-c.1 – Contact Local NDOR District Office

The developer should contact the local Nebraska Department of Roads (“NDOR”) district office to confirm permit-issuing authority. The developer can consult the Nebraska Department of Road District Map to determine which district office to submit the Application to Occupy Right-of-Way (“Application”).

3-NE-c.2 – Application to Occupy Right-of-Way

After the developer confirms which NDOR district has permitting authority, the developer should submit a complete Application to that district office. The Application should include, at minimum:

  • The name, address and contact information of the applicant (developer);
  • A description of the right-of-way request;
  • The location of the proposed right-of-way;
  • Construction plans;
  • Location plan including sizes, distances, dimensions, cuts and fills, and erosion control measures; and
  • Performance guarantee fee (if applicable).

Application to Occupy Right-of-Way; 410 N.A.C §§ 001.06, 002.09; Department of Roads Permit Application Guidelines, at p.3.

The construction and location plans must also compile with rules outlined in 70 N.R.S. § 306.

3-NE-c.3 to 3-NE-c.4 – Review Application Materials for Completeness

NDOR will review the application materials for completeness. NDOR may request additional information, and NDOR will not process the application into the additional information is provided. Department of Roads Permit Application Guidelines, at p.3.

3-NE-c.5 to 3-NE-c.6 – Does NDOR Approve the Application?

After reviewing the application materials, NDOR will make a decision on the Application to Occupy Right-of-Way. NDOR will not issue the Occupy Right-of-Way where placing of “deadman, anchors, guy wires or braces” is necessary unless NDOR has thoroughly investigated and imposed conditions. 410 N.A.C §§ 001.08. NDOR may grant the Occupy Right-of-Way if the proposed project will “not interfere with, or cause unreasonable hazards to, the use of the right-of-way for highway purposes.” 39 N.R.S. §1361.

3-NE-c.7 – Appeal Decision (If Applicable)

Any aggrieved party by a final state agency decision is entitled to judicial review under the Administrative Procedure Act. 84 N.R.S. §§ 917, 919.

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