Nevada State Land Right of Way (3-NV-e)
State Land Right of Way Process
3-NV-e.1 – Hold Pre-Application Consultation
The developer should consult with the NDSL prior to submitting its Application for Authorization to Use State Lands to provide information regarding:
- The purpose of the proposed project;
- The location of the proposed project; and
- Means by which the developer will construct the project.
The NDSL will also be able to clarify application procedures in a pre-application consultation. See Instructions and Checklist for State-Owned Lands Application.
3-NV-e.2 – Application for Authorization to Use State Owned Lands
The developer must complete the NSDL’s Application to Use State Lands with the required attachments. The application must include:
- A complete surveyed legal description, wet stamped and signed by a surveyor licensed in Nevada, and a map stamped by the surveyor;
- An assessor’s parcel map and project location map;
- Any copies of any application filed with or permits received from any other agency; and
- A non-refundable application fee (see application form for fee amount). NDSL must charge a fee for issuance of an easement based upon fair market value of the land. Nev. Rev. Stat. § 322.060.
3-NV-e.3 to 3-NV-e.4 – Review Application Materials for Completeness
The NSDL will review the application for completeness. The NDSL will return incomplete applications. If the developer does not submit additional information as requested by the NSDL within 30 days of the request, or if the NSDL has not been contacted to make other arrangements, the NDSL will close the project. The developer will need to reapply with the appropriate fees if the project is closed. See Instructions and Checklist for State-Owned Lands Application.
3-NV-e.5 to 3-NV-e.6 – Forward Application to Relevant State Agencies and Adjacent Land Owners
The NDSL will forward complete applications to other state agencies for comment and review. The comment and review period is 30 days. The following agencies are among those that may review and comment on the application:
- Nevada Department of Wildlife;
- Nevada State Historic Preservation Office;
- Nevada Natural Heritage Program; and
- Affected local government planning and zoning boards.
3-NV-e.7 – Forward Comments to Developer
The NDSL will forward the agency and landowner comments to the developer after the comment and review period. The developer must correct any objections made by the reviewing parties to the satisfaction of the NDSL. The developer should allow a 6 month total processing period for the application including the comment and review period. See Instructions and Checklist for State-Owned Lands Application.
3-NV-e.8 to 3-NV-e.12 – Does the NDSL Approve the Application?
If the NSDL approves the application, it will issue the authorization on a form prepared by the Nevada Attorney General. Nev. Rev. Stat. § 322.060(3). If the NDSL approves the developer’s application it will forward the application to the Nevada Attorney General. The Nevada Attorney General will prepare the Authorization to Use State Lands (“authorization”) on a form containing necessary terms and conditions, such as insurance requirements, that must be agreed to by the developer before the project may proceed. See Instructions and Checklist for State-Owned Lands Application and Nev. Rev. Stat. § 322.060(3). The authorization form must be executed by the developer and the NDSL. The authorization becomes final upon execution. Nev. Rev. Stat. § 322.060(3). If the NDSL denies the application, the project cannot continue unless the developer seeks review before the Board of Review. Nev. Rev. Stat. § 321.5987.
3-NV-e.13 to 3-NV.e.14 – Does the Developer Seek Review?
If the NSDL denies the developer’s application, the developer may appeal the decision by letter to the Board of Review (Board). The Board is comprised of:
- The Director of the State Department of Conservation and Natural Resources;
- The Administrator of the Division of Environmental Protection of the State Department of Conservation and Natural Resources;
- The Administrator of the Division of Minerals of the Commission on Mineral Resources;
- The Administrator of the Division of State Parks of the State Department of Conservation and Natural Resources;
- The State Engineer;
- The State Forester Firewarden;
- The Chair of the State Environmental Commission;
- The Director of the State Department of Agriculture;
- The Chair of the Board of Wildlife Commissioners; and
- The Administrator of the Office of Historic Preservation of the State Department of Conservation and Natural Resources. Nev. Rev. Stat. § 321.5967.
The letter must include:
- The decision from which the appeal is taken;
- The legal grounds for the appeal; and
- A factual basis for the appeal. Nev. Rev. Stat. § 321.5987(1).
3-NV-e.15 to 3-NV-e.16 – Does the Board of Review Dismiss the Appeal?
The Board, upon receiving the letter, may dismiss the appeal if it appears to lack merit. If the Board does not dismiss the appeal, it will set a hearing date no less than 15 days and no more than 45 days after receipt of the letter. The Board will notify the parties of the date, time and place of the hearing. Nev. Rev. Stat. § 321.5987(2).
3-NV-e.17 to 3-NV-e.19 – Conduct Hearing
Hearings before the Board are informal. Nev. Rev. Stat. § 321.5987(2)-(3). At the hearing, the NDSL, or a representative of the NDSL, will present the facts considered in reaching its decision. The developer may then present facts in support of its contention that the NDSL exceeded its authority in reaching its decision. The Board will issue its decision “as soon as practicable” after the hearing. If the Board rules in favor of the developer, the NDSL must grant the authorization. The order of the Board constitutes a final decision for the purposes of judicial review. Nev. Rev. Stat. § 321.5987(2)-(6). If the Board rules against the developer, the project cannot continue unless the developer seeks judicial review and the court reverses the decision of the Board.
3-NV-e.20 to 3-NV-e.21 – Does the Developer Seek Judicial Review?
If the Board rules against the developer, the developer may seek judicial review of the Board decision in District Court. Nev. Rev. Stat. § 321.5987(6). The petition for judicial review (“petition”) must:
- Name the agency (NDSL) as respondents and name all parties of record to the administrative proceeding;
- Be filed in the District Court in Carson City, in the county in which the developer resides, or in the county where the agency proceeding occurred; and
- Be filed within 30 days of service of the final decision of the Board. Nev. Rev. Stat. § 233B.130.
3-NV-e.22 – Serve Petition on all Parties
The developer must serve the petition on the NDSL and all other parties. The developer must complete service within 45 days after filing its petition. Nev. Rev. Stat. § 233B.130(5). The developer must serve its petition under the rules set forth in N.R.C.P. Rule 4.
3-NV-e.23 - File Record of Agency Proceeding and Provide Notice of Filing
The NDSL must transmit an original or certified record of the entire agency proceeding under review within 30 days of service of the petition for judicial review. Nev. Rev. Stat. § 233B.131(1).
3-NV-e.24 to 3-NV-e.25 – Memorandum of Points and Authorities
The developer must file and serve a Memorandum of Points and Authorities with the District Court within 40 days after the NDSL gives notice to the parties of the filing of the certified record of the agency proceeding. Memoranda of Points and Authorities must be submitted in the form provided for in N.R.A.P. Rule 28. The Memorandum must set forth the legal issues pertaining to the requested review and contain legal authority for the developer’s allegations. The Memorandum must contain:
- A disclosure that complies with NRAP Rule 26.1;
- A table of contents;
- A table of authorities:
- A statement of the issues presented for review:
- A statement of the case:
- A statement of the facts:
- A summary of the argument;
- The argument;
- A short conclusion stating the precise relief sought; and
- An attorney’s certificate that complies with NRAP Rule 28.2. Nev. Rev. Stat. § 233B.133.
3-NV-e.26 to 3-NV-e.27 – Reply Memorandum of Points and Authorities
The NDSL will file and serve a Reply Memorandum of Points and Authorities within 30 days after service of the developer’s Memorandum of Points and Authorities. Nev. Rev. Stat. § 233B.133.
3-NV-e.28 to 3-NV-e.30 – Conduct Hearing
The District Court will conduct a hearing on the NDSL’s decision to not authorize the use of state owned lands for the right of way. The District Court’s review will be confined to the record of the agency proceeding. If the District Court rules in favor of the developer, the NDSL must grant the authorization. Nev. Rev. Stat. § 233B.135(1). If the District Court rules against the developer the project cannot continue.
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- Nevada - Nev. Rev. Stat. §§ 233B.010 - 233B.150, Nevada Administrative Procedure Act
- Nevada - Nev. Rev. Stat. §§ 321.0005 - 321.770, Administration, Control and Transfer of State Lands
- Nevada - Nev. Rev. Stat. §§ 322.003 - 322.170, Use of State Lands
- Nevada - N.R.C.P. Rule 4, Summons and Service
- Nevada - N.R.A.P. Rule 28, Briefs