Nevada Solar Land Access(3-NV)
In Nevada over 80% of the land is managed by the federal government, the highest percentage of any state. The Nevada Division of State Lands (NDSL) only administers approximately 3,000 acres of state trust land and does not have a specific lease and/or corresponding administrative code section for leasing those lands for solar development. Developers may seek a lease to develop a utility-scale solar power plant on state land or may need a right of way over state lands or an encroachment on any Nevada streets, highways, or other ROWS controlled by the Nevada Department of Transportation.
Lease of State Lands
Leasing of state land in Nevada is controlled by the State Land Registrar within the Nevada Division of State Lands (NDSL). The NDSL may grant leases of any land owned by the State of Nevada. N.R.S. 322.050. A developer seeking a lease on state lands must submit an Application to Use State Lands to the NDSL to obtain the proper authorization for the proposed project. NRS 322.050. After the NDSL approves the developer’s application, the land may be put up for public auction if the state register deems it to be in the best interest of the state. NDSL approval of a developer’s application does not guarantee that the developer will receive the lease. The developer must submit the highest accepted bid at auction for the land, in addition to receiving NDSL approval, in order to obtain the lease. NRS 321.335(6).
ROW Across State Lands
Developers may obtain a right-of-way (ROW) across state land by submitting an Application to Use State Lands to the NDSL. See NRS 322.010 to NRS 322.050. An application for a ROW across state lands does not invoke the competitive bidding process. The final ROW authorization must be on a form prepared by the Nevada Attorney General. NRS 322.060(3).
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(1). Depending on the requested encroachment and duration of any necessary construction, the NDOT may require a traffic control plan, and/or drainage report.
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
|Competitive Land Leasing:||Yes, public auction for leasing state lands.|
|Noncompetitive Land Leasing:||Yes, for Right of Ways over state land.|
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