Nevada Special Use Permit for Utilities (8-NV-d)
The process for obtaining special use permits for the construction of transmission lines in Nevada is delegated to counties and municipalities (local governments) but the general procedures for special use permitting are outlined in the state statutes. Nev. Rev. Stat. § 278.26503. The developer should consult local government permitting regulations to determine specific application requirements for each affected jurisdiction. Review of local government decisions regarding the approval or denial of special use permits is handled by the Public Utilities Commission of Nevada (PUC). Nev. Rev. Stat. § 278.26506(1).
Special Use Permit for Utilities Process
8-NV-d.1 to 8-NV-d.2 – Will the Project Involve a Transmission Line of 200 KV or More?
The developer must obtain a special use permit for projects over 200 KV. Projects under 200 KV are excluded from the definition of a "utility project," and thus do not require a permit. Nev. Rev. Stat. §§ 278.0103; 278.0195.
8-NV-d.3 to 8-NV-d.5 - Is the Project Located in an Above Ground Utility Corridor?
The developer must obtain a construction permit for a transmission project that is located in an above ground utility corridor. The developer should consult local construction permitting regulations for these projects. For projects that are not located in an above ground utility corridor, the developer must obtain a special use permit. Nev. Rev. Stat. § 278.26503.
8-NV-d.4 to 8-NV-d.9 – Review Application Materials for Completeness
The developer must submit a completed application for a special use permit to the affected local governments. The application will be reviewed by the local government at a public hearing. Nev. Rev. Stat. § 278.26503(2)(a). The local government must publish notice of the public hearing pursuant to the publication requirements enumerated in Nev. Rev. Stat. § 238.030 and cause notice in the manner outlined in Nev. Rev. Stat. § 278.260(2). If the local government approves the application, it will grant the permit to the developer.
8-NV-d.10 to 8-NV-d.14 – Does the Developer Seek Agency Review
If the local government denies the developer’s permit application, the developer may petition for review of the local government decision from the PUC. Nev. Rev. Stat. § 278.26505(2). The petition must be submitted to the PUC and include:
- The name, mailing address and telephone number of the petitioner;
- The name of the planning commission or governing body, within the local government, to whom the developer applied;
- A statement of the decision of the local government;
- A statement of the resolution sought by the developer;
- A statement of the legal basis for the resolution sought by the developer;
- A copy of the application and supporting documents submitted by the developer;
- A copy of all documents issued by the local government relating to the application; and
- Any other information required by the PUC.
The PUC will review the local government decision and issue an order approving the local government decision or ordering the local government to issue the permit. Nev. Rev. Stat. § 278.26506(4). The order issued by the PUC is final for the purposes of judicial review. Nev. Rev. Stat. § 278.26506(5).
8-NV-d.15 to 8-NV-d.20 – Does the Developer Seek Judicial Review?
If the PUC issues an order approving a local government decision to deny the developers permit application, the developer may seek judicial review of the matter from the District Court. Review may be sought by filing a petition in the District Court in Carson City, in the county which the developer resides, or in the county where the permit application was submitted. The developer must serve a copy of the petition to the PUC and all other parties to the proceeding. Within 30 days of the developer serving the petition, the PUC must file a record of the agency proceeding under review with the District Court. The developer must then file a Memorandum of Points and Authorities with the District Court within 30 days after the PUC provides notice of its filing of the agency record. Finally, the PUC will file a Reply Memorandum of Points and Authorities with the District Court within 30 days after the filing of the developers filing of its Memorandum of Points and Authorities. The action is then deemed to be “at issue” and the parties must be ready for the hearing upon 20 days notice from the District Court. Nev. Rev. Stat. § 703.373 (1)-(7).
8-NV-d.21 to 8-NV-d.23 – Conduct Hearing
The District Court hearing will be conducted without a jury and the Court’s review will be confined to the record of the agency proceeding. If the District Court rules in favor of the developer, the permit must be granted by the local government. Nev. Rev. Stat. § 703.373(8).
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