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Nevada State Highway Right-of-Way (3-NV-c)

Information current as of 2020
In Nevada, any person (developer) may need an Occupancy Permit from the Nevada Department of Transportation (NDOT) if a project requires a permanent encroachment (an encroachment of one year or longer) on any Nevada streets, highways or other right-of-way. Nev. Rev. Stat. § 408.423(1). Depending on the requested encroachment and duration of any necessary construction, the NDOT may require a traffic control plan, and/or drainage report.

State Highway Right-of-Way Process

3-NV-c.1 - Will the Project Encroach on any Nevada Streets, Highways or Other Rights of Way?

Installations requiring occupancy permits include, but are not limited to the following:

  • Street improvements
  • Utility installation
  • Traffic signals and related installations
  • Drainage installations
  • Landscaping, multi-use trails
  • Commercial off-site use
  • Interchanges, grade separations
  • All other special uses of a year or longer duration

Nev. Rev. Stat. § 408.423(1).

To be considered for placing an installation within state transportation right-of-way, you will need to first submit an encroachment permit application to your local NDOT administrative offices. A fee will be required, with the amount being contingent upon the category of permit required.

A site plan rendering roadway features may be necessary, along with an advance meeting to review preliminary plans with an NDOT District Traffic Engineer. This meeting may help avoid making multiple sets of plans before construction elements are acceptable for review. A traffic study may be required, along with other items.

Upon approval of an NDOT permit, the developer will contact the appropriate NDOT permit office in advance of construction to activate the permit and schedule a pre-construction meeting with an NDOT inspector. Contact information for initiating the permit process:

  • Las Vegas (702) 385-6500
  • Reno/Carson City (775) 834-8330
  • Elko (775) 777-2725
  • Ely (775) 289-1706
  • Winnemucca (775) 623-8015
  • Tonopah (775) 482-2375

See Nevada Department of Transportation - Occupancy Permits.

3-NV-c.2 to 3-NV-c.3 - Does the District Engineer Require a Traffic Control Plan?

A traffic control plan, at the discretion of the District Engineer may be required. A traffic control plan must be submitted prior to commencement of work when one is required.

The traffic control plan must show the location of signs, barricades, certified flaggers, lane restrictions, hours of operation and other pertinent devices to protect the motoring and pedestrian traffic during construction in accordance with the Department Standard Plans, MUTCD, and as required by the District Engineer. The traffic control plans will be prepared and signed by American Traffic Safety Services Association Traffic Control Supervisor or a Professional Traffic Operations Engineer, Certified by the Institute of Transportation Engineers who will include his certification number.

See Nevada Department of Transportation - Terms and Conditions Relating to Highway Occupancy Permits

3-NV-c.4 - Traffic Impact Study

A traffic impact study is required for all driveway and/or street permits, which serve major traffic generators, in accordance with the Department's Access Management System and Standards. Nev. Admin. Code § 408.429(2)(e). The Traffic Impact Study for major traffic generators (100 or more vehicles per hour generated during peak hours) will be required and will contain the requirements set forth in Appendix "A," which is made a part hereof.

Those developments that generate less than 100 vph and contribute to congested or high accident areas may be required, at the discretion of the District Engineer, to complete a Traffic Impact Study, which will contain the requirements set forth in Appendix "A".

The study will be prepared by and contain the seal of a Licensed Engineer.

See Nevada Department of Transportation - Terms and Conditions Relating to Highway Occupancy Permits

3-NV-c.5 to 3-NV-c.6 - Will the Project Impact Drainage Within a Nevada Right of Way?

The Drainage Information Form in Appendix "B" must be submitted with the permit. A drainage report will be required for any development or construction impacting drainage within the highway right-of-way and must be prepared in conformance with the policies, criteria and guidelines outlined in the latest version of the Department's Drainage Manual, unless waived at the discretion of the District Engineer. The Department's Hydraulics section should be contacted early in the design process regarding any questions relating to drainage design issues affecting Department right-of-way. Nev. Admin. Code § 408.427(1)(e).

See Nevada Department of Transportation - Terms and Conditions Relating to Highway Occupancy Permits

3-NV-c.7 to 3-NV-c.10 - Submit Construction Plans to District Engineer

Before the application is submitted, the developer must submit construction plans to the District Engineer. The District Engineer reviews the construction plans to ensure there will be no unintended consequences of the project. If the District Engineer notes any problems with the plans, the plans will be returned to the applicant with a request for additional information or modifications to the construction plans. After all revisions to the plan are made, the District Engineer approves and stamps the plans. Nevada Department of Transportation - Terms and Conditions Relating to Highway Occupancy Permits.

3-NV-c.11 to 3-NV-c.13 - Application for Occupancy Permit

After the District Engineer reviews and stamps the construction plan, the developer submits an Application for a Permit for Occupancy to NDOT. After NDOT reviews the application, the permit is granted unless there is an unforeseen circumstance that was not taken into consideration during the construction plan review. Nevada Department of Transportation - Terms and Conditions Relating to Highway Occupancy Permits.

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