Section 412-1-001 - PERMITS FOR THE CONSTRUCTION, USE, ALTERATION. AND RELOCATION OF DRIVEWAYS AND APPROACH ROADS ON STATE HIGHWAY RIGHTS OF WAY001.01 Definitions: The following definitions apply unless the context otherwise requires: 001.01A Applicant: A person who males application for or acquires a permit.001.01B Approach Road: A commercial entrance and exit road and may be singular or plural.001.01C Department: The Department of Transportation of the State of Nebraska acting through its authorized representatives.001.01D Driveway: A private entrance or exit road to a home, farm, or field.001.01E Highway: A road or street, including the entire area within the right of way and ail structures thereon, which has been designated as a pan of the State Highway System.001.01F Person: An individual, firm, partnership, association, or corporation.001.02 Any person desiring to construct a new driveway or approach road or any person desiring to relocate or attar an existing driveway or approach road will apply for a permit to do so. No permits will be issued, even though application is made, for driveways or approach roads to private property along those areas where the Department has acquired all or portions of the rights of access.001.03 Ail applications for permits will be made on the form prepared and furnished by the Department001.04 Applications for hard surfaced driveways and for approach roads may be made to the Department of Transportation, Box 94759, Lincoln, Nebraska 88509-4759.001.05 All applications for driveways without hard surfacing may be made to the proper District Engineer's office as listed: District 1: | 302 Superior Street Lincoln. NE 68521 Phone: 402.471.0850 |
District 2: | 4425 South 108th Street Omaha, NE 68145 Phone: 402.595.2534 |
District 3: | 408 North 13th Street Norfolk. NE 68702 Phone: 402.370.3470 |
District 4: | 211 North Tilden Street Grand Island, NE 68802 Phone: 308.385.6265 |
District 5: | 140375 Rundell Road Gering, NE 69341 Phone: 308.436.6587 |
District 6: | 1321 North Jeffers Street North Platte, NE 69103 Phone: 308.535.8031 |
District 7: | 619 Auditorium Drive McCook NE 69001 Phone: 308.345.8490 |
District 8: | 736 East 4th Street Ainsworth, NE 69210 Phone: 402.387.2471 |
001.06 The approval by the Department of an application for the construction of a driveway or approach road will constitute the permit tor such work. The application may be approved as submitted or may be changed by the Department to conform to certain engineering and maintenance practices. If an application is denied, it Will be returned to the applicant without approval.001.07 In addition to the conditions set forth on the application and permit form, the Department will make a drawing of all driveways and approach roads having hard surface and ail approach roads having gravel or crushed rock surface. These drawings and ail the conditions set forth thereon will be attached to and constitute a part of the permit.001.08 Any alteration, relocation, or construction of a driveway or an approach road must be done in accordance with the provisions of the permit. The applicant will be required to furnish a certified check to the Department as a guarantee of his faithful compliance with the conditions and provisions of the permit and the payment to the Department for any expense incurred by it in connection with the operations of the applicant on the State Highway right of way. The amount of the check will be determined after the receipt of the application and will be based upon the extent of the proposed work on the highway right of way.001.09 Each driveway and approach road will be constructed in such a manner that the drainage and side ditches of the highway are not altered. The applicant will provide, at their own expense. approved drainage structures beneath or shallow gutters across the driveway or approach road in line with the normal side ditches.001.10 Whenever the highway, on which a driveway or approach road has been constructed, is altered By the Department, the Department will restore all existing driveways and approach roads or revise them to conform to the change in the highway.001.11 All approach roads to one business establishment will be physically separated from each other. The method of separation will be designated by the Department on the permit.001.12 Any person Possessing a driveway or approach road connecting with a State Highway before September 18.1955. and does not have a permit for such driveway or approach road, who makes a request for any improvement whatsoever to be made by the State to such driveway or approach road must make his entire driveway or approach road conform to the standards set out by the Department for similar driveways or approach roads, maintained under permits, before such requested improvement are made.412 Neb. Admin. Code, ch. 1, § 001
Adopted effective 11/25/2019Amended effective 12/7/2019