Don,

The response I received is as follows. The following is the closest NV Energy is going to get to providing consent for flying drones in the parks that abuts NVE transmission facilities.

Bradley – I certainly agree with you that its near impossible to enforce our easement boundaries and unless it’s at a location where there are cameras, if someone flies a drone into a line and damages it, how will we ever figure out how it was caused and who did it? Would be easy to walk away from that and never be caught. That said, I suppose there are a number of things that humans do near lines that can hit them and cause damage – balloons, balls, shoes, etc. (not including intentional causes like gunfire) and we aren’t out enforcing our easements. We do PSAs about balloons and tree trimming, but nothing else.  So I don’t know that there’s much do here except tell him to stay out of our easements. 

NRs 493 governs drone flying and gives us the right to pursue damages if he violates clearances stated:

    NRS 493.103  Unmanned aerial vehicles: Action for trespass against owner or operator; exceptions; award of treble damages for injury to person or property; award of attorney’s fees and costs and injunctive relief.

   1.  Except as otherwise provided in subsection 2, a person who owns or lawfully occupies real property in this State may bring an action for trespass against the owner or operator of an unmanned aerial vehicle that is flown at a height of less than 250 feet over the property if:

   (a) The owner or operator of the unmanned aerial vehicle has flown the unmanned aerial vehicle over the property at a height of less than 250 feet on at least one previous occasion; and

   (b) The person who owns or occupies the real property notified the owner or operator of the unmanned aerial vehicle that the person did not authorize the flight of the unmanned aerial vehicle over the property at a height of less than 250 feet. For the purposes of this paragraph, a person may place the owner or operator of an unmanned aerial vehicle on notice in the manner prescribed in subsection 2 of NRS 207.200.

   2.  A person may not bring an action pursuant to subsection 1 if:

   (a) The unmanned aerial vehicle is lawfully in the flight path for landing at an airport, airfield or runway.

   (b) The unmanned aerial vehicle is in the process of taking off or landing.

   (c) The unmanned aerial vehicle was under the lawful operation of:

          (1) A law enforcement agency in accordance with NRS 493.112.

          (2) A public agency in accordance with NRS 493.115.

   (d) The unmanned aerial vehicle was under the lawful operation of a business registered in this State or a land surveyor if:

          (1) The operator is licensed or otherwise approved to operate the unmanned aerial vehicle by the Federal Aviation Administration;

          (2) The unmanned aerial vehicle is being operated within the scope of the lawful activities of the business or surveyor; and

          (3) The operation of the unmanned aerial vehicle does not unreasonably interfere with the existing use of the real property.

      3.  A plaintiff who prevails in an action for trespass brought pursuant to subsection 1 is entitled to recover treble damages for any injury to the person or the real property as the result of the trespass. In addition to the recovery of damages pursuant to this subsection, a plaintiff may be awarded reasonable attorney’s fees and costs and injunctive relief.

So, I would just let him know that its critical that he comply with the clearances we state he must maintain and that he is otherwise remains responsible for what could be extensive damages if he causes an outage.

   NRS 493.020  Definitions.  As used in NRS 493.010 to 493.120, inclusive, unless the context otherwise requires:

   1.  “Aircraft” includes a balloon, airplane, hydroplane, unmanned aerial vehicle and any other vehicle used for navigation through the air. A hydroplane, while at rest on water and while being operated on or immediately above water, is governed by the rules regarding water navigation. A hydroplane while being operated through the air other than immediately above water, is an aircraft.

   2.  “Critical facility” means a petroleum refinery, a petroleum or chemical production, transportation, storage or processing facility, a chemical manufacturing facility, a pipeline and any appurtenance thereto, a wastewater treatment facility, a water treatment facility, a mine as that term is defined in NRS 512.006, a power generating station, plant or substation and any appurtenances thereto, any transmission line that is owned in whole or in part by an electric utility as that term is defined in subsection 6 of NRS 704.187 or owned, operated, inspected, maintained or repaired in whole or in part by the Colorado River Commission of Nevada pursuant to NRS 538.161 or 538.166, a county, city or town jail or detention facility and any prison, facility or institution under the control of the Department of Corrections. The term does not include any facility or infrastructure of a utility that is located underground.

   NRS 493.109  Unmanned aerial vehicles: Operation near critical facility or within 5 miles of airport prohibited; exceptions; penalty.

   1.  A person shall not operate an unmanned aerial vehicle within:

   (a) A horizontal distance of 500 feet or a vertical distance of 250 feet from a critical facility without the written consent of the owner of the critical facility.

   (b) Except as otherwise provided in subsection 2, 5 miles of an airport.

   2.  A person may operate an unmanned aerial vehicle within 5 miles of an airport only if the person obtains the consent of the airport authority or the operator of the airport, or if the person has otherwise obtained a waiver, exemption or other authorization for such operation pursuant to any rule or regulation of the Federal Aviation Administration. A person who is authorized to operate an unmanned aerial vehicle within 5 miles of an airport pursuant to this subsection shall, at all times during such operation, maintain on his or her person documentation of any waiver, exemption, authorization or consent permitting such operation.

   3.  A person who violates this section is guilty of a misdemeanor.

   4.  As used in this section, “airport” means any area of land or water owned, operated or maintained by or on behalf of a city, county, town, municipal corporation or airport authority that is designed and set aside for the landing and taking off of aircraft and that is utilized in the interest of the public for such purposes.

So – he stays clear 500 feet horizontally and 250 feet vertically from our lines or risks being charged.

Legal is just one stakeholder in this decision. I don’t think that we as a company should authorize the creation of drone parks – rather we should just be stating what our position is on flying drones near our lines. If Don is looking for permission for just himself as a recreational hobbyist, then I am less concerned, I suppose, than if he is leading up some major campaign on behalf of a drone club to get our OK on flying in certain parks.

So that said, I think we as a company should probably consult with the County and Cit(ies) to understand their position on flights in parks. I am pretty sure NRs 493 and local ordinances address some of that, but we should know that if the jurisdictions are saying OK to the hobbyist flying in parks, we should be issuing written statements making it clear what our position is.

Please let me know if you have any questions.

Thank you,

Bradley R. Bellstedt

Right of Way Agent

Land Resources South

6226 W. Sahara Avenue MS 9

Las Vegas, NV 89146

(702) 402-2420 – Office

Bradley.Bellstedt@nvenergy.com

I am still trying to find out what the procedure is to get approval from NV Energy as required by NRS 493.109.

In particular, I am seeking approval for the following City of Henderson Parks:

Anthem Hills Park

Cinnamon Ridge Park

Terrazza Park

Mountain Lake Park 

Bradley,

On Jan 20, 2025, I asked you for the procedure to get approval.

On Jan 22, 2025 you replied with:

"Good morning Don,

I have received your email and the documents you provided and forwarded them on to NV Energy’s transmission engineering review team. I will pass along any comments, questions or requests I receive from the review team as they are received.

Please let me know if you have any additional questions.

Thank you,  "

On Feb 2, 2025, I sent another email stating "Two weeks.  Any updates"

As of today, I have not received any further response from you.

Jimmy,

On Jan 13, 2025 I asked you for the procedure to get approval.

On Jan 22, 2025 you said: "I’m waiting for an answer from the NV Energy Safety team."

On Feb 4, 2025, I sent another email stating "Two weeks.  Any updates"

As of today, I have not received any further response from you.

I find it interesting, and more than a bit frustrating,  that I can get approval from the FAA to fly in the park in about 30 seconds.

I can also get approval from the City of Henderson in about 48 hours.  That approval requires signoff by the COH City Manager, the COH Police Chief , and the COH Director of Utility Services, but it takes over a month to try and get an NV Energy buy-off with no response approving or disapproving the request.

Are either of you really the right person to contact, or I should I be trying to contact someone else for this approval?

For the City of Henderson, I am going to assume that if I have the the FAA, the City Manager, the Police Chief, and the Director of Utilities approval then I am good to go in the City of Henderson.  I still need to know what the procedure is (and who to contact) for getting approval for the rest of Clark County.

Thank you for your time,

Donald Hill

Part 107 Certified Drone Pilot

Las Vegas and Henderson Drone Pilots, Webmaster

LVHDP.com

(714) 345-1114

Jimmy,

Two weeks. Any update??

Don Hill 

(714) 345-1114

Good afternoon Don – I’m waiting for an answer from the NV Energy Safety team. Thank you for your patience.

Jimmy Hill

Joint Use Contracts Analyst

7155 Lindell Road

Las Vegas, NV 89151

M/S B54RN

Mobile: 702-595-2551

Office: 702-402-3358

NRS 493.109

Unmanned aerial vehicles: Operation near critical facility or within 5 miles of airport prohibited

A person shall not operate an unmanned aerial vehicle within:

A horizontal distance of 500 feet or a vertical distance of 250 feet from a critical facility without the written consent of the owner of the critical facility.

I am working with the City of Henderson (COH), Parks and Recreation Department to identify parks that the COH can approve for flying commercial and/or recreational UAVs (drones) and to identify any additional approvals (other than city and FAA approvals) that may be required before flying.  For any additional approvals that are required, I am identifying the process for obtaining those approvals.

The following COH parks are within 500 feet of NV Energy facilities or overhead lines so I am thinking that NV Energy would need to provide “written consent” for flying within the boundaries of these city parks.  Can you outline the process for obtaining “written consent” so that I can have it included on the COH website and my drone pilots website.

Anthem Hills Park

Cinnamon Ridge Park

Terrazza Park

Mountain Lake Park

Other uav Pilots that I have talked to told me that all they need to do is notify you of their intent to fly and don't need "written consent" as stated in NRS 493.109.  Is that true?

Thank you for your time,

Donald Hill

Part 107 Certified Drone Pilot

Las Vegas and Henderson Drone Pilots, Webmaster

LVHDP.com

(714) 345-1114