USA Statutes : nevada
Title : Title 35 - HIGHWAYS; ROADS; BRIDGES; PARKS
Chapter : CHAPTER 408 - HIGHWAYS, ROADS AND TRANSPORTATION FACILITIES
This chapter shall be known as the
Highways and Roads Law.
(Added to NRS by 1957, 662)
1. Unless the particular provision or the context otherwise
requires, the rules of construction and general provisions set forth in
this section govern the construction of this chapter.
2. Whenever any power or authority is given to, or any duty is
imposed upon, any person by the provisions of this chapter it may be
exercised or performed by any deputy or person authorized by him unless
it is expressly provided that it shall be exercised in person.
3. Whenever any reference is made to any portion of this chapter
or of any other law, such reference applies to all amendments and
additions thereto.
(Added to NRS by 1957, 663; A 1977, 187)
As used in this chapter the words and
terms defined in NRS 408.033 to 408.095
, inclusive, unless the context
otherwise requires, have the meanings ascribed to them in those sections.
(Added to NRS by 1957, 663; A 1969, 557; 1979, 1762; 1985, 892;
1987, 1798; 1989, 1298)
“Board” means the Board of Directors
of the Department of Transportation.
(Added to NRS by 1989, 1296)
“Business” means any lawful
activity conducted primarily:
1. For the purchase and resale, manufacture, processing or
marketing of products, commodities or any other personal property;
2. For the sale of services to the public; or
3. By a nonprofit organization.
(Added to NRS by 1969, 554)
“City” means any municipality
incorporated under state law.
(Added to NRS by 1957, 663)
“Department” means the
Department of Transportation.
(Added to NRS by 1957, 663; A 1979, 1762)
“Director” means the Director of
the Department of Transportation.
(Added to NRS by 1985, 891)
“Displaced person” means
any:
1. Person who is head of a family or any individual not a member
of a family who moves from a dwelling as the result of the acquisition,
or reasonable expectation of acquisition and the subsequent acquisition,
of real property on which such dwelling was situated and which was
acquired for a federal-aid highway; or
2. Owner of a business or farmer who moves as the result of the
acquisition of real property on which such owner or farmer conducted a
business or farm operation and which was acquired, in whole or in part,
for a federal-aid highway.
(Added to NRS by 1969, 554)
“Encroachment” means any
tower, pole, pole line, wire, pipe, pipeline, fence, billboard, approach
road, driveway, stand or building, crop or crops, flora, or any structure
which is placed in, upon, under or over any portion of highway
rights-of-way.
(Added to NRS by 1957, 663)
“Family” means two or more
individuals living together in the same dwelling unit who are related to
each other by blood, marriage, adoption or legal guardianship.
(Added to NRS by 1969, 554)
“Farm operation” means any
activity conducted primarily for the production of one or more
agricultural products or commodities for sale or home use and customarily
producing such products or commodities in sufficient quantity to be
capable of contributing materially to the operator’s support.
(Added to NRS by 1969, 554)
“Farmer” is any person who as an
owner, part owner, tenant or sharecropper operates a farm.
(Added to NRS by 1969, 555)
The term “federal-aid
highways” has the meaning ascribed to it in 23 U.S.C. § 101.
(Added to NRS by 1969, 555)
“Freeway” means a highway or road
in respect to which the owners or occupants of abutting lands and other
persons have no abutter’s rights of light, view and air, or easements of
access to and from the abutting lands, or in respect to which such owners
and other persons have only those limited or restricted abutter’s rights
or easements of access allowed, designated and described by the
Department.
(Added to NRS by 1957, 663)
“Frontage road” means any
frontage road, service road, frontage highway, or service highway
providing service and access from areas adjacent to a highway or freeway.
(Added to NRS by 1957, 663)
“Grade line” means the
elevation above sea level of the surface of a highway.
(Added to NRS by 1971, 1330)
“Highway” means roads, bridges,
structures, culverts, curbs, drains and all buildings, communication
facilities, services and works incidental to highway construction,
improvements and maintenance required, laid out, constructed, improved or
maintained as such pursuant to constitutional or legislative
authorization.
(Added to NRS by 1957, 663)
“Planning agency” means:
1. The planning commission for the city in which the road is
entirely located; or
2. A county or regional planning commission, if there is one, or
the board of county commissioners or Nevada Tahoe Regional Planning
Agency, within whose jurisdiction the road is located.
(Added to NRS by 1981, 924)
“Public lands” means all
lands within the exterior boundaries of the State of Nevada except lands:
1. To which title is held by any private person or entity;
2. To which title is held by the State of Nevada, any of its local
governments or the Nevada System of Higher Education;
3. Which are located within congressionally authorized national
parks, monuments, national forests or wildlife refuges, or which are
lands acquired by purchase consented to by the Legislature;
4. Which are controlled by the United States Department of
Defense, Department of Energy or Bureau of Reclamation; or
5. Which are held in trust for Indian purposes or are Indian
reservations.
(Added to NRS by 1981, 924; A 1993, 400)
“Rights-of-way” means land,
property or any interest therein acquired for or devoted to highways
whether or not the entire area of such is actually used for highway
purposes.
(Added to NRS by 1957, 664)
“Shall” is mandatory and
“may” is permissive.
(Added to NRS by 1957, 664)
“Town” means any unincorporated town
governed by the board of county commissioners of the county where it is
located.
(Added to NRS by 1957, 664; A 1983, 134)
Recognizing that
safe and efficient highway transportation is a matter of important
interest to all the people of the State, and that an adequate highway
system is a vital part of the national defense, the Legislature hereby
determines and declares that:
1. An integrated system of state highways and roads is essential
to the general welfare of the State.
2. Providing such a system of facilities, its efficient
management, maintenance and control is recognized as a problem and as the
proper prospective of highway legislation.
3. Inadequate highways and roads obstruct the free flow of
traffic, resulting in undue cost of motor vehicle operation, endangering
the health and safety of the citizens of the State, depreciating property
values, and impeding general economic and social progress of the State.
4. In designating the highways and roads of the State as provided
in this chapter, the Legislature places a high degree of trust in the
hands of those officials whose duty it is, within the limits of available
funds, to plan, develop, operate, maintain, control and protect the
highways and roads of this state, for present as well as for future use.
5. To this end, it is the express intent of the Legislature to
make the Board of Directors of the Department of Transportation custodian
of the state highways and roads and to provide sufficiently broad
authority to enable the Board to function adequately and efficiently in
all areas of appropriate jurisdiction, subject to the limitations of the
Constitution and the legislative mandate proposed in this chapter.
6. The Legislature intends:
(a) To declare, in general terms, the powers and duties of the
Board of Directors, leaving specific details to be determined by
reasonable regulations and declarations of policy which the Board may
promulgate.
(b) By general grant of authority to the Board of Directors to
delegate sufficient power and authority to enable the Board to carry out
the broad objectives contained in this chapter.
7. The problem of establishing and maintaining adequate highways
and roads, eliminating congestion, reducing accident frequency and taking
all necessary steps to ensure safe and convenient transportation on these
public ways is no less urgent.
8. The Legislature hereby finds, determines and declares that this
chapter is necessary for the preservation of the public safety, the
promotion of the general welfare, the improvement and development of
facilities for transportation in the State, and other related purposes
necessarily included therein, and as a contribution to the system of
national defense.
9. The words “construction,” “maintenance” and “administration”
used in Section 5 of Article 9 of the Constitution of the State of Nevada
are broad enough to be construed to include and as contemplating the
construction, maintenance and administration of the state highways and
roads as established by this chapter and the landscaping, roadside
improvements and planning surveys of the state highways and roads.
(Added to NRS by 1957, 664; A 1965, 998; 1977, 156; 1979, 1762;
1987, 1798; 1989, 1298)
DEPARTMENT OF TRANSPORTATION
General Provisions
1. There is hereby created a Department of Transportation,
administered by a seven-member Board of Directors consisting of the
Governor, the Lieutenant Governor, the Attorney General and the State
Controller, who serve ex officio, and three members who are appointed by
the Governor. If one of the four constitutional offices is vacant, the
Secretary of State shall serve ex officio on the Board until the vacancy
is filled.
2. The Governor shall appoint as members of the Board three
persons who are residents of Nevada, informed on and interested in the
construction and maintenance of highways and other matters relating to
transportation. Each of the three members so appointed must reside in a
different highway district and possess at least one of the following
qualifications:
(a) Knowledge of engineering evidenced by the possession of a
bachelor of science degree in civil or structural engineering and
licensure in this State as a professional engineer.
(b) Demonstrated expertise in financial matters and business
administration.
(c) Demonstrated expertise in the business of construction
evidenced by the possession of a license as a general contractor and
experience as a principal officer of a firm licensed in this State.
Ê The Governor shall not appoint any person who is currently employed in
the field of or has a substantial financial interest in the construction
or maintenance of highways in this State.
3. The Governor shall serve as Chairman of the Board and the
members of the Board shall elect annually a Vice Chairman.
4. Each member of the Board who is not a public officer is
entitled to receive as compensation $80 for each day or portion of a day
during which he attends a meeting of the Board or is otherwise engaged in
the business of the Board plus the per diem allowance and travel expenses
provided for state officers and employees generally.
5. After the initial terms, the appointed members of the Board
shall serve terms of 4 years.
(Added to NRS by 1989, 1296)
1. The Department consists of a Director, two Deputy Directors, a
Chief Engineer and the following divisions:
(a) Administrative Division.
(b) Operations Division.
(c) Engineering Division.
(d) Planning Division.
2. The head of a Division is an assistant director. Assistant
directors are in the classified service of the State.
(Added to NRS by 1979, 1782; A 1983, 1662; 2003, 2520 )
The Department shall maintain its principal
offices at Carson City, Nevada. The offices must be kept open at such
times as the business of the Department and the convenience or the
interest of the public may require. The offices are under the supervision
of the Director.
(Added to NRS by 1957, 665; A 1979, 1763)
1. All legal notices, writs, service and process issued or ordered
by a court of competent jurisdiction wherein the Department is named as a
defendant must be personally served upon both the Director and the
Chairman of the Board or, in the absence of the Director and the Chairman
of the Board, the process must be served personally upon both the
Secretary of State and one of the Deputy Directors.
2. All legal actions brought and defended by the Department must
be in the name of the State of Nevada on relation of its Department.
3. This section is not a consent on the part of the Department to
be sued.
(Added to NRS by 1957, 666; A 1979, 1764; 1987, 1799; 1989, 1299;
2003, 2521 )
Before the Board or the Director may enter into an
agreement providing for a study of the operations of the Department, the
process to be used to select a person to perform the study and the
proposed agreement for the study must be approved by the Legislature by
concurrent resolution, or by the Interim Finance Committee if the
Legislature is not in session.
(Added to NRS by 1989, 1298)
Board of Directors
1. The Board shall adopt a seal for use in authenticating
contracts, records and proceedings of the Department.
2. The Board shall appoint a Secretary from within the Department,
who shall:
(a) Attend all meetings of the Board.
(b) Keep complete and accurate records of all the meetings,
business and transactions of the Board.
(c) Keep in his custody the seal of the Board, and may impress it
upon all contracts and documents on which it is necessary or appropriate.
(d) With the approval of the Board, prepare upon the request of any
interested person copies of any contract or document in his custody, and
may certify the contract or document. He shall not permit the originals
to be taken from his custody by any person except members and employees
of the Department.
(e) Receive no extra compensation for his services.
3. The duties of the Secretary are ex officio. His appointment is
not subject to the provisions of chapter 284
of NRS.
(Added to NRS by 1989, 1297)
The Board shall hold meetings at such times
and places, and for such periods and purposes, as it deems essential to
the proper execution of the provisions of this chapter.
(Added to NRS by 1989, 1297)
The Board shall:
1. Consider, at its meetings, all questions relating to the
general policy of the Department and transact such business as properly
comes before it.
2. Receive and consider, at such time as the Board selects, an
annual report by the Director.
3. Except as otherwise provided in NRS 408.203 , act for the Department in all matters
relating to recommendations, reports and such other matters as the Board
finds advisable to submit to the Legislature.
4. Maintain a record of all proceedings of the Board.
5. Execute or approve all instruments and documents in the name of
the State or the Department necessary to carry out the provisions of this
chapter.
6. Except as otherwise provided in NRS 408.389 , delegate to the Director such authority as it
deems necessary under the provisions of this chapter.
7. Act by resolution, vote or order entered in its records.
(Added to NRS by 1989, 1297; A 1993, 1366)
The Board may:
1. Adopt such rules, bylaws, motions and resolutions, not
inconsistent with this chapter, as are necessary to govern the
administration, activities and proceedings of the Department.
2. On behalf of the State of Nevada, enter into agreements with
any adjoining state, or any proper agency of such a state, for the
construction, reconstruction, improvement, operation and maintenance by
any party to such agreement, in such manner and by such means as are
provided in the agreement, of bridges over interstate waters, and may
enter into like agreements with respect to the construction,
reconstruction, improvement, operation and maintenance of highways within
the State of Nevada or an adjoining state, when the highways are at or
near the common boundary of the states.
3. Authorize the Department to join associations of highway
officials of other states and other organizations which have as their
purpose the interchange of information and the establishment of standards
and policies relating to highway construction, reconstruction,
improvement, maintenance and administration.
4. Designate by regulation alternative routes for the transport of
radioactive, chemical or other hazardous materials over the highways or
county roads of this state, in lieu of the preferred highways for such
transport designated by the United States Department of Transportation,
or approve alternative routes set forth in a proposed county or city
ordinance if the regulation or ordinance does not conflict with the
standards for alternative routes established by the United States
Department of Transportation.
(Added to NRS by 1957, 665; A 1981, 233; 1987, 1799; 1989,
1300)—(Substituted in revision for NRS 408.206)
1. The Board may sell or lease any of the State’s water rights
which are appurtenant to real property acquired pursuant to this chapter
to a public utility engaged in the business of furnishing water for
municipal, industrial and domestic purposes without first offering those
water rights to the public.
2. If a public utility wishes to dispose of any water right
acquired pursuant to subsection 1, it must be reconveyed to the State.
(Added to NRS by 1983, 526; A 1985, 704; 1987, 1800; 1989,
1300)—(Substituted in revision for NRS 408.207)
1. Whenever the Legislature is not in session, the Board may
borrow, with the approval of the State Board of Examiners, money from
financial institutions for short periods to carry out the
responsibilities of the Department.
2. To secure short-term financing, the Board may pledge only
revenue which it anticipates the Department will receive.
3. The lending institution has no claim against the State, and may
recover from the Director under the loan agreement only to the extent
that the revenues pledged as security for the loan become available.
(Added to NRS by 1981, 1289; A 1987, 1800; 1989, 1301)—(Substituted
in revision for NRS 408.208)
Director and Other Employees
The Board shall select a
person to be the Director of the Department who:
1. Is responsible to the Board; and
2. Serves at the pleasure of the Board.
(Added to NRS by 1957, 667; A 1963, 574; 1971, 166; 1979, 1764;
1987, 1801; 1989, 1299)
The
Director:
1. Is in the unclassified service of the State.
2. Must be a licensed professional engineer in the State.
3. Must have had at least 5 years of responsible administrative
experience in public or business administration.
4. Must possess broad skills as a manager in areas related to the
functions of the Department.
(Added to NRS by 1979, 1782; A 1983, 1662; 1987, 1801; 1997, 1067)
The
Director shall devote his whole time to the duties of his office, and may
be removed by the Board at any time.
(Added to NRS by 1957, 667; A 1979, 1764; 1987, 1801; 1989, 1299)
1. Subject to the approval of the Board, the Attorney General
shall, immediately upon request by the Board, appoint an attorney at law
as the Chief Counsel of the Department, and such assistant attorneys as
are necessary. Attorneys so appointed are deputy attorneys general.
2. The Chief Counsel shall act as the attorney and legal adviser
of the Department in all actions, proceedings, hearings and all matters
relating to the Department and to the powers and duties of its officers.
3. Under the direction of or in the absence of the Chief Counsel,
the assistant attorneys may perform any duty required or permitted by law
to be performed by the Chief Counsel.
4. The Chief Counsel and assistant attorneys are in the
unclassified service of the State.
5. All contracts, instruments and documents executed by the
Department must be first approved and endorsed as to legality and form by
the Chief Counsel.
(Added to NRS by 1957, 666; A 1967, 1496; 1971, 1434; 1979, 274;
1981, 1279; 1987, 1800; 1989, 1299)
1. The Director shall:
(a) Appoint one Deputy Director who in the absence, inability or
failure of the Director has full authority to perform any duty required
or permitted by law to be performed by the Director.
(b) Appoint one Deputy Director for southern Nevada whose principal
office must be located in an urban area in southern Nevada.
(c) Employ such engineers, engineering and technical assistants,
clerks and other personnel as in his judgment may be necessary to the
proper conduct of the Department and to carry out the provisions of this
chapter.
2. Except as otherwise provided in NRS 284.143 , the Deputy Directors shall devote their
entire time and attention to the business of the office and shall not
pursue any other business or occupation or hold any other office of
profit.
3. The Director may delegate such authority as may be necessary
for the Deputy Director appointed pursuant to paragraph (b) of subsection
1 to carry out his duties.
(Added to NRS by 1967, 667; A 1963, 975; 1967, 1497; 1969, 707;
1971, 166, 1435; 1979, 1764; 1985, 420; 1997, 618; 2003, 2521 )
1. Each Deputy Director:
(a) Is in the unclassified service of the State.
(b) Must hold a master’s degree in public or business
administration, hold the degree of bachelor of science in civil,
structural, mechanical or industrial engineering, or be a licensed
professional engineer.
(c) Must have at least 2 years of administrative experience as the
assistant director, the Chief Engineer or the head of the Engineering or
Planning Division of the Department, or have equivalent experience.
2. The Chief Engineer:
(a) Is in the classified service of the State.
(b) Must be a licensed professional engineer.
(c) Except as otherwise provided in subsection 3, must have at
least 3 years of experience as the final engineering authority for a
state’s agency which has duties similar to those of the Department.
3. If the Director or the Deputy Director appointed pursuant to
paragraph (a) of subsection 1 of NRS 408.175 is a licensed professional engineer, he may
also act as the Department’s Chief Engineer.
(Added to NRS by 1979, 1782; A 1983, 1662; 1997, 1068; 2003, 2521
)
The Director
and Deputy Directors shall each take the official oath.
(Added to NRS by 1957, 667; A 1969, 707; 1975, 346; 1979, 1765;
2003, 2521 )
1. The Director and Deputy Directors may use a facsimile signature
produced through a mechanical device in place of their handwritten
signatures whenever the necessity may arise.
2. Such a device must be of such a nature that the facsimile
signature plate may be inserted and removed from the mechanical device
only by use of two locking keys.
3. Such facsimile signatures must be made and used only under the
personal direction and supervision of the Director or Deputy Director
whose signature the facsimile represents.
4. All of the facsimile signature plates and locking keys must at
all times be kept in a vault, securely locked when not in use, to the end
that any misuse, fraudulent use or other improper use is prevented.
5. Notwithstanding the provisions of this section, the Director or
a Deputy Director and the State Treasurer may combine their facsimile
signatures as provided in NRS 226.080 .
(Added to NRS by 1957, 667; A 1967, 348; 1969, 707; 1979, 1765;
2001, 2926 ; 2003, 2522 )
The Director shall cause to be made
and kept by the Department a general plan of the highways and shall
collect information and compile statistics and maps relative to the
mileage, traffic, character and condition of the highways.
(Added to NRS by 1957, 668; A 1979, 1765)
The Director shall determine the character and has the general
supervision of the construction, reconstruction, improvement, maintenance
and repair of all highways, facilities and services authorized under the
provisions of this chapter.
(Added to NRS by 1957, 668; A 1979, 1765)
1. The Director shall investigate and determine the methods of
highway construction best adapted to the various sections of the State,
and shall establish standards and specifications for the construction and
maintenance of the highways, giving due regard to the topography, natural
conditions, character and availability of road-building materials.
2. The Director may construct, reconstruct, operate and maintain
materials testing and research laboratory facilities as may be necessary
to establish and maintain such standards and specifications.
3. The Director may be consulted by county officials, including
members of regional transportation commissions, having authority over
streets and highways within their respective counties relative to any
question involving such streets and highways; and the Director may, in
like manner, obtain from such county officials all such information or
assistance as they may render in the performance of his duties with their
county, and such county officials shall supply such information when
requested by the Director.
(Added to NRS by 1957, 668; A 1967, 161; 1979, 1749, 1765)
The
Director shall:
1. Compile a comprehensive report outlining the requirements for
the construction and maintenance of highways for the next 10 years,
including anticipated revenues and expenditures of the Department, and
submit it to the Director of the Legislative Counsel Bureau for
transmittal to the Chairmen of the Senate and Assembly Standing
Committees on Transportation.
2. Compile a comprehensive report of the requirements for the
construction and maintenance of highways for the next 3 years, including
anticipated revenues and expenditures of the Department, no later than
October 1 of each even-numbered year, and submit it to the Director of
the Legislative Counsel Bureau for transmittal to the Chairmen of the
Senate and Assembly Standing Committees on Transportation.
3. Report to the Legislature by February 1 of odd-numbered years
the progress being made in the Department’s 12-year plan for the
resurfacing of state highways. The report must include an accounting of
revenues and expenditures in the preceding 2 fiscal years, a list of the
projects which have been completed, including mileage and cost, and an
estimate of the adequacy of projected revenues for timely completion of
the plan.
(Added to NRS by 1981, 1715; A 1987, 1801; 1989, 325)
1. With the approval of the Board, the Director may execute all
plans, specifications, contracts and instruments in the name of the State
of Nevada necessary for the carrying out of the provisions of this
chapter, except those construction contracts as provided in NRS 408.327
and 408.347 .
2. The Director has such other power and authority as is necessary
and proper under the provisions of this chapter, or as the Board
delegates to him.
3. The Director shall provide for the purchase of United States
Savings Bonds or similar United States obligations by salary or wage
deductions for officers and employees of the Department who make written
requests for such deductions and purchases. To allow all Department
officers and employees the opportunity of requesting salary or wage
deductions for the purchase of United States obligations, the Director
shall provide forms authorizing the deductions and purchases and shall
make them readily available to all Department officers and employees.
(Added to NRS by 1957, 668; A 1979, 1766; 1987, 1802; 1989, 1299)
1. The Director may restrict the use of, or close, any highway
whenever he considers the closing or restriction of use necessary:
(a) For the protection of the public.
(b) For the protection of such highway from damage during storms or
during construction, reconstruction, improvement or maintenance
operations thereon.
(c) To promote economic development or tourism in the best interest
of the State or upon the written request of the Executive Director of the
Commission on Economic Development or the Commission on Tourism.
2. The Director may:
(a) Divide or separate any highway into separate roadways, wherever
there is particular danger to the traveling public of collisions between
vehicles proceeding in opposite directions or from vehicular turning
movements or cross-traffic, by constructing curbs, central dividing
sections or other physical dividing lines, or by signs, marks or other
devices in or on the highway appropriate to designate the dividing line.
(b) Lay out and construct frontage roads on and along any highway
or freeway and divide and separate any such frontage road from the main
highway or freeway by means of curbs, physical barriers or by other
appropriate devices.
3. The Director may remove from the highways any unlicensed
encroachment which is not removed, or the removal of which is not
commenced and thereafter diligently prosecuted, within 5 days after
personal service of notice and demand upon the owner of the encroachment
or his agent. In lieu of personal service upon that person or his agent,
service of the notice may also be made by registered or certified mail
and by posting, for a period of 5 days, a copy of the notice on the
encroachment described in the notice. Removal by the Department of the
encroachment on the failure of the owner to comply with the notice and
demand gives the Department a right of action to recover the expense of
the removal, cost and expenses of suit, and in addition thereto the sum
of $100 for each day the encroachment remains beyond 5 days after the
service of the notice and demand.
4. If the Director determines that the interests of the Department
are not compromised by a proposed or existing encroachment, he may issue
a license to the owner or his agent permitting an encroachment on the
highway. Such a license is revocable and must provide for relocation or
removal of the encroachment in the following manner. Upon notice from the
Director to the owner of the encroachment or his agent, the owner or
agent may propose a time within which he will relocate or remove the
encroachment as required. If the Director and the owner or his agent
agree upon such a time, the Director shall not himself remove the
encroachment unless the owner or his agent has failed to do so within the
time agreed. If the Director and the owner or his agent do not agree upon
such a time, the Director may remove the encroachment at any time later
than 30 days after the service of the original notice upon the owner or
his agent. Service of notice may be made in the manner provided by
subsection 3. Removal of the encroachment by the Director gives the
Department the right of action provided by subsection 3, but the penalty
must be computed from the expiration of the agreed period or 30-day
period, as the case may be.
(Added to NRS by 1957, 669; A 1967, 824; 1969, 95; 1979, 1766;
1985, 619)
1. The Director may grant to any person owning, operating or
intending to construct a monorail or other overhead or underground system
used for transportation easements for:
(a) The installation of supporting or accessory structures within
the limits of a highway.
(b) The use of air space over or underground space beneath a
highway.
2. The Director may authorize necessary construction work to be
performed within the limits of the highway for the installation or repair
of any such system, and the temporary closing of a highway, or the
restriction of its use, for such purposes.
3. No structure may be installed or use made of overhead or
underground space pursuant to this section which would permanently
interfere with the existing use of any highway.
(Added to NRS by 1967, 869; A 1979, 1767)
1. The Director may designate a highway or portion of a highway as
a scenic route if the route meets the requirements established by
regulation for such a designation.
2. The Director shall adopt regulations which prescribe the
requirements for the designation of highways as scenic routes.
3. All official maps published by the Department which are
intended primarily for the use of tourists must identify highways or
portions of highways which have been designated as scenic routes.
(Added to NRS by 1983, 532; A 1993, 1377)
The Director shall designate restricted highways which are
susceptible to severe damage if traveled upon on or after February 1 but
before May 1 in violation of a limitation of weight imposed by NRS
484.739 to 484.755 , inclusive.
(Added to NRS by 1999, 1042 )
1. The Director has charge of all the records of the Department,
keeping records of all proceedings pertaining to the Department and
keeping on file information, plans, specifications, estimates, statistics
and records prepared by the Department, except those financial statements
described in NRS 408.333 and the
financial or proprietary information described in paragraph (c) of
subsection 6 of NRS 408.3886 , which
must not become matters of public record.
2. The Director may photograph, microphotograph or film or dispose
of the records of the Department referred to in subsection 1 as provided
in NRS 239.051 , 239.080 and 239.085 .
3. The Director shall maintain an index or record of deeds or
other references of title or interests in and to all lands or interests
in land owned or acquired by the Department.
4. The Director shall adopt such regulations as may be necessary
to carry out and enforce the provisions of this chapter.
(Added to NRS by 1957, 669; A 1959, 490; 1963, 576; 1979, 1768;
1981, 602; 1999, 3487 ; 2001, 2018 , 2022 ; 2003, 119 , 2522 )
Before
September 1 of each even-numbered year, for the biennium ending June 30
of that year, and at such other times as the Board designates, the
Director shall report all the proceedings of the Department to the Board.
(Added to NRS by 1957, 669; A 1969, 1457; 1979, 1768; 1987, 1802;
1989, 1301)
Except as otherwise
provided in NRS 408.323 , the Director,
with the approval of the Board, may rent, lease, purchase and contract
for all equipment, materials, supplies, vehicles, road machinery, tools,
implements and technical services required for the purpose of this
chapter. Such equipment, supplies and services must be managed and used
under the control of the Director.
(Added to NRS by 1957, 669; A 1979, 1768; 1987, 1802; 1989, 1301)
Repealed. (See chapter 318,
Statutes of Nevada 2005, at page 1094 .)
Planning
1. The primary responsibilities of the Planning Division are to:
(a) Develop and coordinate balanced transportation policy and
planning which are consistent with the social, economic and environmental
goals of the State. The plan must be designed to meet the present and
future needs of the State and local areas of the State for adequate, safe
and efficient transportation facilities and services at a reasonable cost
to the taxpayer.
(b) Coordinate local plans for balanced transportation facilities
and services and assist in application for federal grants which must be
submitted through an appropriate or designated state agency. The
facilities and services may include, but are not limited to, highways,
pathways and special lanes for bicycles, railways, urban public
transportation and aviation. The authority and duties of the Department
with respect to aviation are limited to areas outside the jurisdiction of
any airport authority.
2. The Planning Division, in cooperation with other state agencies
and with agencies of local government, shall:
(a) Establish planning techniques and processes for all modes of
transportation at an appropriate level, according to the requirements of
the State and local areas of the State.
(b) Prepare, revise when appropriate, provide supporting
information for and assist in carrying out the transportation plan by
providing assistance in the development of the Department’s capital
program for all modes of transportation.
(c) Test and evaluate the policies, plans, proposals, systems,
programs and projects of the Department within the framework of the goals
of the Department.
(d) Conduct research in planning techniques, travel needs,
transportation potential for the State, investigating, testing and
demonstrating methods and equipment suitable for application to the
problems of transportation facing the State.
3. The Department shall not operate any railroad or airport.
(Added to NRS by 1979, 1782; A 1991, 2233)
1. The position of Motor Vehicle Recovery and Transportation
Planner is hereby created in the Department.
2. The Motor Vehicle Recovery and Transportation Planner shall:
(a) Develop and administer a plan for the construction of motor
vehicle recovery and bicycle lanes that are not less than 3 feet wide in
all new construction and major repair work on every highway in the State,
in accordance with appropriate standards of design;
(b) Develop a plan for the maintenance of motor vehicle recovery
and bicycle lanes throughout the State;
(c) Prepare and distribute information on motor vehicle recovery
and bicycle lanes, bicycle safety manuals and bicycle route maps
throughout the State;
(d) Develop standards for the design of motor vehicle recovery and
bicycle lanes and bicycle paths and routes;
(e) Develop standardized signs and markings which indicate bicycle
lanes;
(f) Determine where appropriate signs and markings will be located
on state highways and coordinate their placement;
(g) Establish a statewide plan of motor vehicle recovery and
bicycle lanes and bicycle paths and routes and update the plan annually;
(h) Identify projects which are related to motor vehicle recovery
and bicycle lanes and place each project in its proper order of priority;
(i) Investigate possible sources of money which may be available to
promote motor vehicle recovery and bicycle lanes and bicycle facilities
and programs throughout this state and solicit money from those sources;
(j) Provide assistance to the Department of Motor Vehicles and the
Department of Public Safety in coordinating activities which are related
to motor vehicle and bicycle safety in the communities of this state;
(k) Investigate the programs of the Rails-to-Trails Conservancy and
where feasible, participate in those programs;
(l) Identify the potential effect of bicycle programs on tourism in
this state; and
(m) Carry out any other duties assigned to him by the Director.
3. The Director may remove any of the duties set out in subsection
2 if he determines that the duty is no longer necessary or appropriate.
(Added to NRS by 1991, 2235; A 2001, 2605 )
FINANCING HIGHWAYS AND ROADS
1. There is hereby created the State Highway Fund.
2. Except as otherwise provided in subsection 6 of NRS 482.180
and NRS 482.1805 , the proceeds from the imposition of any:
(a) License or registration fee and other charges with respect to
the operation of any motor vehicle upon any public highway, city, town or
county road, street, alley or highway in this State; and
(b) Excise tax on gasoline or other motor vehicle fuel,
Ê must be deposited in the State Highway Fund and must, except for costs
of administering the collection thereof, be used exclusively for
administration, construction, reconstruction, improvement and maintenance
of highways as provided for in this chapter.
3. The interest and income earned on the money in the State
Highway Fund, after deducting any applicable charges, must be credited to
the Fund.
4. Costs of administration for the collection of the proceeds for
any license or registration fees and other charges with respect to the
operation of any motor vehicle must be limited to a sum not to exceed 22
percent of the total proceeds so collected.
5. Costs of administration for the collection of any excise tax on
gasoline or other motor vehicle fuel must be limited to a sum not to
exceed 1 percent of the total proceeds so collected.
6. All bills and charges against the State Highway Fund for
administration, construction, reconstruction, improvement and maintenance
of highways under the provisions of this chapter must be certified by the
Director and must be presented to and examined by the State Board of
Examiners. When allowed by the State Board of Examiners and upon being
audited by the State Controller, the State Controller shall draw his
warrant therefor upon the State Treasurer.
(Added to NRS by 1957, 670; A 1959, 598; 1979, 1118, 1768; 1983,
1585; 1991, 1905; 1995, 991; 1997, 3298; 1999, 780 ; 2001 Special Session, 140 )
1. The State Highway Revolving Account is hereby established in an
amount not to exceed $500,000. The money in the Account may be used by
the Department to provide advances to employees of the Department for
travel expenses and subsistence allowances and for paying travel expenses
and subsistence allowances and other charges and obligations requiring
prompt payment, and for no other purposes.
2. The State Controller shall draw his warrant to establish an
amount of $125,000 in the account. Thereafter, upon written request of
the Board, as it deems increases in the Account to be necessary, the
Controller shall draw additional warrants. Upon presentation of such a
warrant to the State Treasurer, the State Treasurer shall pay it.
3. All money paid by the Department from the State Highway
Revolving Account must, after payment thereof, be passed upon by the
State Board of Examiners in the same manner as other claims against the
State. When approved by the State Board of Examiners, the State
Controller shall draw his warrant for the amount of the money paid in
favor of the State Highway Revolving Account to be paid to the order of
the Director, and the State Treasurer shall pay the warrant.
4. The Director shall deposit the State Highway Revolving Account
in one or more banks or credit unions of reputable standing and secure
the deposit by a depositary bond satisfactory to the State Board of
Examiners.
5. A least once each calendar quarter, the Director shall transfer
any interest and other income earned on the money in the State Highway
Revolving Account to the State Highway Fund.
(Added to NRS by 1957, 670; A 1961, 175; 1979, 1769; 1983, 393;
1987, 1802; 1989, 1301; 1993, 1940; 1999, 1491 )
1. The State of Nevada and its Department hereby accepts and
assents to the provisions of:
(a) The Federal Aid Road Act, being an Act of Congress entitled “An
Act to provide that the United States shall aid the States in the
construction of rural post roads, and for other purposes,” approved July
11, 1916 (c. 241, 39 Stat. 355); and
(b) The Federal Highway Act, being an Act of Congress entitled “An
Act To amend the Act entitled ‘An Act to provide that the United States
shall aid the States in the construction of rural post roads, and for
other purposes,’ approved July 11, 1916, as amended and supplemented, and
for other purposes,” approved November 9, 1921 (c. 119, 42 Stat. 212).
2. The State and its Department accepts as a continuing obligation
any and all acts amendatory or supplementary to such federal acts.
(Added to NRS by 1957, 671)
1. The Department is authorized:
(a) To enter into all contracts and agreements with the United
States Government relating to the engineering, planning, surveying and
preparing of plans, acquiring of property, constructing and maintaining
of highways under the provisions of the Acts of Congress described in NRS
408.245 , and the rules and regulations
promulgated thereunder by the Secretary of Commerce and the Federal
Highway Administrator.
(b) To submit such schemes, plans and programs of construction and
maintenance as may be required by the Secretary of Commerce and the
Federal Highway Administrator.
(c) To do all other things necessary to carry out the cooperation
and programs contemplated and provided for by such federal acts.
2. For the engineering, planning, constructing and improving of
highways and roads provided under the Federal Aid Road Act, the good
faith of the State is hereby pledged to make funds available sufficient
to match in the proportion designated in the Federal Aid Road Act the
sums of money apportioned to the State by or under the United States
Government, and to maintain at its own expense the highways so
constructed with the aid of funds so designated, and to make adequate
provisions for carrying out such maintenance.
(Added to NRS by 1957, 671; A 1965, 1075)
1. The Department is authorized:
(a) To enter into all contracts and agreements with the United
States Government relating to the engineering, planning, surveying,
preparing of plans, acquiring of property, constructing and maintaining
of secondary and feeder highways and roads.
(b) To submit such schemes, plans and programs of construction and
maintenance as may be required by the Secretary of Commerce and the
Federal Highway Administrator.
(c) To do all other things necessary to carry out the cooperation
and programs contemplated and provided for by such federal acts in the
construction and maintenance of such secondary and feeder highways and
roads, including farm-to-market, mine-to-market, rural free delivery,
public school bus and other rural roads.
2. For the engineering, planning, constructing and improving of
such secondary and feeder highways and roads under the Acts of Congress
described in NRS 408.245 , the good
faith of the State is hereby pledged to make available funds sufficient
to match, in the proportion designated in such acts, the sums of money
apportioned to the State by or under the United States Government and to
maintain at its own expense the highways and roads so constructed with
the aid of funds so designated and make adequate provisions for carrying
out such maintenance.
(Added to NRS by 1957, 671; A 1965, 1075)
1. The Department is authorized to enter into contracts and
agreements with agencies of the Federal Government in matters concerning
the construction, reconstruction, improvement and maintenance of highways
as provided in this chapter when such highways enter upon or traverse
lands under the ownership or control of such federal agencies.
2. When federal moneys for such construction, reconstruction,
improvement and maintenance have been appropriated and made available
under Acts of Congress other than those acts described in NRS 408.245
, the Department is authorized to
receive the same.
(Added to NRS by 1957, 672)
All
money received from the Government of the United States and by virtue of
the provisions of any Act of Congress for the engineering, planning,
surveying, acquiring of property, constructing, reconstructing or
improving of any highway in the State must be put into the State Treasury
and become a part of the State Highway Fund and that Fund must not be
used for any other purpose.
(Added to NRS by 1957, 672; A 1967, 1742; 1985, 704)
1. At least once each month the Director shall file with the State
Controller a certificate showing the number and amount of vouchers filed
with the division engineer of the Federal Highway Administration having
jurisdiction over highway construction in the State of Nevada, for
payment out of the apportionment made to the state under appropriations
made by Congress for aid to the various states for highway purposes.
2. Whenever claims payable out of the State Highway Fund and
properly approved by the State Board of Examiners exceed the amount that
is available in the State Highway Fund, the State Controller may transfer
temporarily from the State General Fund to the State Highway Fund such
amount as may be required to pay the claims, but not more than 50 percent
of the amount collectible from the Government of the United States as
shown by the vouchers mentioned in subsection 1.
(Added to NRS by 1957, 672; A 1965, 1076; 1979, 1769; 1987, 717)
The Department may expend
money, when authorized by the Legislature for expenditure from the
interest earned by investment of the State Highway Fund, to conduct
studies of transportation or to match for capital acquisition only, in
the proportion designated in the following acts, the sums of money
apportioned by the Federal Government to any of the political
subdivisions of the State or any private corporation or association in
the State under these acts:
1. The Urban Mass Transportation Act (49 U.S.C. §§ 1601 et seq.),
which includes the Urban Mass Transportation Act of 1964 (P.L. 88–365)
and amendments made by the Federal-Aid Highway Act of 1973 (P.L. 93–87,
August 13, 1973), the Surface Transportation Assistance Act of 1978 (P.L.
95–599, November 6, 1978) and any amendments thereto made after July 1,
1981.
2. The Department of Transportation Act (49 U.S.C. §§ 1651 et
seq.), which includes the Department of Transportation Act (P.L. 89–670)
and amendments made by the Local Rail Service Assistance Act of 1978
(P.L. 95–607, November 8, 1978) and any amendments thereto made after
July 1, 1981.
(Added to NRS by 1981, 1287)
1. The State Board of Finance shall, when so requested by the
Board, issue special obligation bonds of the State of Nevada to provide
money to enable the Department to complete pending and currently
projected highway construction projects, in an amount specified in the
request. The bonds may be issued at one time or from time to time, and
must be issued in accordance with the State Securities Law. These bonds
must be secured by:
(a) A pledge of the appropriate federal highway grants payable to
the State; or
(b) The appropriate federal highway grants payable to the State and
taxes which are credited to the State Highway Fund,
Ê and must mature within not more than 20 years from their date.
2. The Department shall cooperate with the State Treasurer in the
issuance of the bonds.
3. The State Treasurer may employ any necessary legal, financial
or other professional services in connection with the issuance of the
bonds.
(Added to NRS by 1979, 1259; A 1987, 1803; 1989, 1301; 1997, 506,
3013; 1999, 73 )
1. The Department shall prepare highway planning surveys, maps and
traffic studies for the purposes of securing, preserving and furnishing
all necessary information relative to all highways of the State.
2. The Department may construct and maintain roadside parks for
the convenience of the traveling public at such locations as the Director
selects.
3. In order to provide information for the traveling public, the
Director may maintain maps, informational directories and advertising
pamphlets at safety rest areas. The Director may, with the concurrence of
the Board, contract with persons experienced in financing and operating
centers for the dissemination of maps, directories, advertising pamphlets
and other information of interest to the traveling public by leasing to
those persons available land at safety rest areas for such periods of
time and for such considerations as are determined by the Director to be
in the best interests of the State of Nevada.
4. The Department may receive any federal money available for the
purposes of this section under the federal acts described in NRS 408.245
.
5. The Department shall adopt appropriate regulations governing
the use of roadside parks and safety rest areas in the State.
(Added to NRS by 1957, 672; A 1969, 223; 1979, 206, 1770; 1987,
1803; 1989, 1302)
1. On or before July 15 of each year the Board shall prepare and
present to the Governor a detailed proposed work program, the form and
content to be determined by the Board, for the fiscal year ending the
following June 30, stating therein the amount, character, and nature of
the construction, reconstruction and improvements to be initiated on the
highways within the respective counties of the State during the ensuing
fiscal year, together with an estimate of the cost to complete such work.
2. The Board shall cause a copy of the proposed work program to be
printed and a copy mailed to the chairman of the board of county
commissioners of the several counties of the State, and a copy must be
furnished to all news media in the State.
(Added to NRS by 1957, 673; A 1965, 999; 1975, 139; 1987, 1803;
1989, 1302)
The Department shall submit for
approval to the Board of Directors, as a part of the annual work program,
designated projects for the use of recycled products. The designated
projects must:
1. Be comprised of projects for highway construction,
reconstruction, surface overlay or surface sealing for which competitive
bids have been submitted and use in the surfacing mixture at least 15
percent by weight recycled asphalt or other recycled products, such as
crumb rubber from tires, ash, plastics, glass or glassy aggregates.
2. Be comprised of equipment used in highway construction,
including, but not limited to, barriers and markers that are made from
recycled products.
(Added to NRS by 1991, 1675)
IMPROVEMENT OF COUNTY ROADS
1. The Department may enter into cooperative agreements with any
board of county commissioners in the State for the improvement of any
road.
2. Roads improved pursuant to this section must belong to the
county and must be maintained at the expense of the county.
3. Each agreement entered into pursuant to this section is
effective upon the approval of the Board of Directors of the Department
of Transportation, and no money may be expended pursuant to an agreement
except upon authorization by the Board.
(Added to NRS by 1971, 602; A 1977, 224; 1987, 1804; 1989, 1302)
Every agreement entered into
pursuant to NRS 408.283 shall specify:
1. The type of improvement required to produce an adequate road.
2. The percentage of the cost or participation of the State.
3. The percentage of the cost or participation of the county.
(Added to NRS by 1971, 602)
1. The Board shall determine the priority of improvement of any
road proposed pursuant to NRS 408.283 .
2. The Board shall not authorize the expenditure of money for any
agreement entered into pursuant to NRS 408.283 until it first determines that the county is
able to perform its pro rata share of the improvement and that it will
maintain the project as required by the agreement.
(Added to NRS by 1971, 602; A 1987, 1804; 1989, 1303)
The Department shall
determine standards to be met in the project.
(Added to NRS by 1971, 602)
STATE HIGHWAY SYSTEM
1. Except as provided in subsection 2, only those highways which
are owned and maintained by the Department in accordance with the
provisions of this chapter are state highways, and the Department is
responsible for their construction, reconstruction, improvement and
maintenance. Money available to the State through the Acts of Congress
described in NRS 408.245 or any other
federal acts may be used therefor. When federal money is made available
under federal acts authorizing the use of federal money to build roads in
the national forests, the Board may set aside for that purpose and expend
highway money on state highways built by the Federal Government.
2. Unless it has been expressly designated as a state highway,
every other highway, road, street, lane, sidewalk, alley, pathway,
waterway or any other way for the passage of a person, animal or vehicle
is not a state highway, and the Department is not liable for any damage
arising from the use of that highway or for any hazard or deficiency in
that highway. Designation of any such way as a state highway may be
accomplished only by a written agreement properly executed by the
Director and recorded in the county in which the highway is located.
3. Other highways may be designated by the Director as state
routes if:
(a) They connect or extend existing state highways; or
(b) Their construction, reconstruction, improvement and maintenance
by the Department is anticipated within a reasonable period.
4. For administrative purposes all state highways and routes may
be selected, designated and assigned route numbers by the Director.
Numbers selected may conform so far as possible to applicable federal
designations of routes.
5. All roads connecting state parks with state or county highways
or city streets, where the title thereto is in the State, are parts of
the state highway system and may be maintained by the State. The
Department may construct and maintain roads within state parks subject to
approval of locations and design by the Division of State Parks of the
State Department of Conservation and Natural Resources.
(Added to NRS by 1957, 673; A 1961, 181; 1963, 833; 1977, 224;
1979, 1770; 1985, 1920; 1987, 1804; 1989, 1303)
The
Department may establish new routes into or in the vicinity of
municipalities and metropolitan areas with the approval of the board of
county commissioners of the county in which an addition is proposed and
with the approval of the city council of any incorporated city directly
affected.
(Added to NRS by 1957, 673; A 1959, 599; 1977, 225)
NAMES AND MARKERS OF HIGHWAYS
S. Highway No. 6 designated as Grand Army of the
Republic Highway; placement of markers.
1. United States Highway No. 6, as now or hereafter located in
this state, is designated as Grand Army of the Republic Highway and U.S.
6.
2. The Director shall place suitable markers along the highway and
may locate them at such points as he deems appropriate.
(Added to NRS by 1957, 667; A 1979, 1771)—(Substituted in revision
for NRS 408.845)
1. The state highways which connect Virginia City with other state
highways are collectively designated as the Comstock Highway.
2. The Director shall place suitable markers along the highway and
may locate them at such points as he deems appropriate.
(Added to NRS by 1975, 368; A 1977, 226; 1979, 1771)—(Substituted
in revision for NRS 408.846)
Route 94 begins at a point
on the Pahrump Valley Road approximately 3.6 miles southeast of the Nye
County line, thence easterly via Lovell Summit and Red Rock Summit to a
point on the Red Rock Canyon Road approximately 11 miles west of Las
Vegas.
(Added to NRS by 1989, 1569)
CONSTRUCTION, IMPROVEMENT AND MAINTENANCE OF HIGHWAYS
General Provisions
All highways constructed
under the provisions of this chapter shall be constructed in such manner
as to provide for sufficient and permanent drainage and of such materials
as to insure, so far as reasonably may be done, considering all of the
circumstances, permanent wearing qualities and to provide against
excessive maintenance cost. Regard shall always be had to the character
and quality of the traffic to be accommodated and the interests of the
public to be served.
(Added to NRS by 1957, 682)—(Substituted in revision for NRS
408.850)
1. Except as otherwise provided in NRS 408.3875 to 408.3887 , inclusive, all work of construction,
reconstruction, improvement and maintenance of highways as provided under
the provisions of this chapter is under the supervision and direction of
the Director and must be performed in accordance with the plans,
specifications and contracts prepared by him.
2. All maintenance and repair of highways when performed by the
Department must be paid out of the State Highway Fund.
(Added to NRS by 1957, 682; A 1979, 1771; 1999, 3487 ; 2001, 2022 ; 2003, 119 )
1. The Department shall prepare and make available for public
inspection a report of its projects for the construction and maintenance
of highways. The report must include:
(a) A description of the Department’s work in progress and its
proposed projects;
(b) The cost of each project, including the anticipated cost for:
(1) The acquisition of rights-of-way;
(2) Design and engineering; and
(3) Construction; and
(c) The estimated starting dates for each project and the
components of each project.
2. The report must be revised every 6 months to indicate any
change in the cost of a project or the component of a project, and any
change in the starting or completion date of a project.
3. The Department shall make the report available for public
inspection at its office during normal business hours.
(Added to NRS by 1991, 1904)
The Department shall, in accordance with appropriate standards of design:
1. Integrate the consideration of motor vehicle recovery and
bicycle lanes and bicycle routes, facilities and signs into all plans,
designs, construction and maintenance of highways; and
2. To the extent practicable, integrate the consideration of
periodic turnouts for slower vehicles into plans, designs, construction
and maintenance of highways that have one lane for traveling in each
direction.
(Added to NRS by 1991, 2236; A 2001, 1507 )
1. Whenever it can be justified by the Director that limited work
or improvements can be done in a more economical or other satisfactory
manner than by contract under NRS 408.327 , the Director may, with the approval of the
Board, execute such work or improvements with Department facilities and
employees.
2. In the event of disaster or great emergency the Director may,
with the approval of the Board, hire, employ or contract for such labor,
materials and equipment as are in his opinion necessary to reroute,
repair or replace any highway threatened or damaged by the emergency or
disaster, and the provisions of NRS 408.327 and 408.367
do not apply.
(Added to NRS by 1957, 682; A 1979, 1771; 1987, 1805; 1989, 1303)
Except as
otherwise provided in sections NRS 408.3875 to 408.3887 , inclusive:
1. Whenever the provisions of NRS 408.323 do not apply, the Director shall advertise for
bids for such work according to the plans and specifications prepared by
him.
2. The advertisement must state the place where the bidders may
obtain or inspect the plans and specifications and the time and place for
opening the plans and specifications.
3. Publication of the advertisement must be made at least once a
week for 2 consecutive weeks for a total of at least two publications in
a newspaper of general circulation in the county in which the major
portion of the proposed improvement or construction is to be made, and
the advertisement must also be published at least once a week for 2
consecutive weeks for a total of at least two publications in one or more
daily papers of general circulation throughout the State. The first
publication of the advertisement in the daily newspapers having general
circulation throughout the state must be made not less than 15 days
before the time set for opening bids.
(Added to NRS by 1957, 682; A 1979, 1771; 1999, 3487 ; 2001, 2022 ; 2003, 119 )
Except as otherwise
provided in NRS 408.3875 to 408.3887
, inclusive:
1. Before furnishing any person proposing to bid on any advertised
work with the plans and specifications for such work, the Director shall
require from the person a statement, verified under oath, in the form of
answers to questions contained in a standard form of questionnaire and
financial statement, which must include a complete statement of the
person’s financial ability and experience in performing public work of a
similar nature.
2. Such statements must be filed with the Director in ample time
to permit the Department to verify the information contained therein in
advance of furnishing proposal forms, plans and specifications to any
person proposing to bid on the advertised public work, in accordance with
the regulations of the Department.
3. Whenever the Director is not satisfied with the sufficiency of
the answers contained in the questionnaire and financial statement, he
may refuse to furnish the person with plans and specifications and the
official proposal forms on the advertised project. Any bid of any person
to whom plans and specifications and the official proposal forms have not
been issued in accordance with this section must be disregarded, and the
certified check, cash or undertaking of such a bidder returned forthwith.
4. Any person who is disqualified by the Director, in accordance
with the provisions of this section, may request, in writing, a hearing
before the Director and present again his check, cash or undertaking and
such further evidence with respect to his financial responsibility,
organization, plant and equipment, or experience, as might tend to
justify, in his opinion, issuance to him of the plans and specifications
for the work.
5. Such a person may appeal the decision of the Director to the
Board no later than 5 days before the opening of the bids on the project.
If the appeal is sustained by the Board, the person must be granted the
rights and privileges of all other bidders.
(Added to NRS by 1957, 682; A 1979, 1772; 1987, 1805; 1989, 1304;
1999, 3488 ; 2001, 2022 ; 2003, 119 )
Except as otherwise provided in NRS 408.3875 to 408.3887 , inclusive:
1. All bids must be accompanied by an undertaking executed by a
corporate surety authorized to do business in the State, or by cash or a
certified check in an amount equal to at least 5 percent of the amount
bid.
2. If the successful bidder fails to execute the contract in
accordance with his bid and give any bond required by law and the
contract and bond are not postmarked or delivered to the Department
within 20 days after award of the contract, the undertaking, cash or
certified check is forfeited and the proceeds must be paid into the State
Highway Fund.
3. The failure of the successful bidder to furnish any bond
required of him by law within the time fixed for his execution of the
contract constitutes a failure to execute the contract.
4. If the Director deems it is for the best interests of the
State, he may, on refusal or failure of the successful bidder to execute
the contract, award it to the second lowest responsible bidder. If the
second lowest responsible bidder fails or refuses to execute the
contract, the Director may likewise award it to the third lowest
responsible bidder. On the failure or refusal to execute the contract of
the second or third lowest bidder to whom a contract is so awarded, their
bidder’s security is likewise forfeited to the State.
5. The bidder’s security of the second and third lowest
responsible bidders may be withheld by the Department until the contract
has been finally executed and the bond given as required under the
provisions of the contract, at which time the security must be returned.
The bidder’s security submitted by all other unsuccessful bidders must be
returned to them within 10 days after the contract is awarded.
(Added to NRS by 1957, 683; A 1979, 1772; 1999, 3488 ; 2001, 2022 ; 2003, 119 )
Except as otherwise provided in NRS 408.3875 to 408.3887 , inclusive:
1. All bids must be submitted under sealed cover and received at
the address in Nevada stated in the advertisement for bids and must be
opened publicly and read at the time stated in the advertisement.
2. No bids may be received after the time stated in the
advertisement even though bids are not opened exactly at the time stated
in the advertisement. No bid may be opened before that time.
3. Any bid may be withdrawn at any time before the time stated in
the advertisement only by written request or telegram filed with the
Director and executed by the bidder or his duly authorized
representative. The withdrawal of a bid does not prejudice the right of
the bidder to file a new bid before the time stated in the advertisement.
4. The Department may reject any bid or all bids if, in the
opinion of the Department, the bids are unbalanced, incomplete, contain
irregularities of any kind or for any good cause.
5. Until the final award of the contract, the Department may
reject or accept any bids and may waive technical errors contained in the
bids, as may be deemed best for the interests of the State.
6. In awarding a contract, the Department shall make the award to
the lowest responsible bidder who has qualified and submitted his bid in
accordance with the provisions of this chapter.
(Added to NRS by 1957, 683; A 1979, 1773; 1981, 265; 1999, 3489
; 2001, 2022 ; 2003, 119 )
1. Any contract made or awarded by the Department for the
construction, improvement, maintenance or repair of a highway or an
appurtenance to that highway may include a provision for the payment of
an additional amount of money to the person with whom the contract is
made or to whom it is awarded if he satisfactorily completes the
construction, improvement, maintenance or repair of the highway or
appurtenance before the date for completion of that construction,
improvement, maintenance or repair set forth in the contract.
2. The amount of money to be paid pursuant to a provision included
in a contract specified in subsection 1 and the date before which the
work must be completed must be determined by the Department.
(Added to NRS by 1999, 1652 )
1. All construction contracts authorized by NRS 408.327 must be executed in the name of the State of
Nevada and must be signed by the Chairman of the Board and attested by
the Director, under the seal of the Department, signed by the contracting
party or parties, and the form and legality of such contracts approved by
the Attorney General or Chief Counsel of the Department.
2. When the contract is fully executed, a copy of the same,
including plans and specifications, must be filed in the office of the
Department at Carson City, Nevada, and with the clerk of the board of
county commissioners of the county in which the work is to be performed.
(Added to NRS by 1957, 684; A 1979, 1773; 1987, 1806; 1989, 1304)
1. Except as otherwise provided in subsection 2, all members of
the Board, directors and other officers or employees of the Department
are prohibited from having any interest, directly or indirectly, in any
contract entered into by the Department.
2. If the Director of the Department deems it necessary to enter
into a contract with one of the persons described in subsection 1, he
shall submit the proposed contract to the State Board of Examiners for
approval. Upon its approval, the Director may enter into the contract.
3. Any contract made in violation of this section may be declared
void at the instance of the State or any person interested in the
contract except a person prohibited from being interested in it.
4. Any person violating the provisions of this section, directly
or indirectly, is guilty of a gross misdemeanor, forfeits his office and
is forever disqualified from holding any public office in this state.
(Added to NRS by 1957, 684; A 1967, 573; 1975, 934; 1977, 1113;
1979, 1774; 1985, 704; 1987, 1806; 1989, 1304)
If the Director awards to a railroad company a
contract for a project for the construction, reconstruction, improvement
or maintenance of a highway and the project is located on property that
is owned by or under the control of the railroad company, the contract
may provide that the railroad company is not required to file, furnish or
obtain a payment bond, performance bond or any other bond that would
otherwise be required pursuant to the provisions of this chapter.
(Added to NRS by 2001, 636 )
1. Except as otherwise provided in NRS 408.354 , every contract must provide for the filing
and furnishing of one or more bonds by the successful bidder, with
corporate sureties approved by the Department and authorized to do
business in the State, in a sum equal to the full or total amount of the
contract awarded. The bond or bonds must be performance bonds or labor
and material bonds, or both.
2. The performance bonds must:
(a) Guarantee the faithful performance of the contract in
accordance with the plans, specifications and terms of the contract.
(b) Be maintained for 1 year after the date of completion of the
contract.
3. The labor and material bonds must:
(a) Secure payment of state and local taxes relating to the
contract, premiums under the Nevada Industrial Insurance Act,
contributions under the Unemployment Compensation Law, and payment of
claims for labor, materials, provisions, implements, machinery, means of
transportation or supplies furnished upon or used for the performance of
the contract; and
(b) Provide that if the contractor or his subcontractors, or
assigns, fail to pay for such taxes, premiums, contributions, labor and
materials required of, and used or consumed by, the contractor or his
subcontractors, the surety shall make the required payment in an amount
not exceeding the total sum specified in the bond together with interest
at a rate of 8 percent per annum.
Ê All such bonds must be otherwise conditioned as required by law or the
Department.
4. No person bidding for work or submitting proposals under the
provisions of this chapter may be accepted as surety on any bond.
5. Whenever the Department has cause to believe that the sureties
or any of them have become insufficient, it may demand in writing of the
contractor such further bonds or additional sureties, in a total sum not
exceeding that originally required, as are necessary, considering the
extent of the work remaining to be done. Thereafter no payment may be
made upon the contract to the contractor or any assignee of the
contractor until the further bonds or additional sureties have been
furnished.
6. The Department in every contract may require the furnishing of
proof by the successful bidder of public liability and insurance coverage
for damage to property.
(Added to NRS by 1957, 684; A 1987, 1806; 2001, 636 )
1. Any person who has furnished labor, materials, provisions,
implements, machinery, means of transportation or supplies used or
consumed by such contractor or his or its subcontractors in or about the
performance of the work contracted to be done, and whose claim therefor
has not been paid by such contractor or subcontractors, and who desires
to be protected under the bond, shall file with the Department a claim in
triplicate within 30 days from the date of final acceptance of the
contract as provided in NRS 408.387 ,
and such claim shall be executed and verified before a notary public and
contain a statement that the same has not been paid. One copy shall be
filed in the office of the Department and the remaining copies shall be
forwarded to the contractor and surety.
2. Any such person so filing a claim may at any time within 6
months thereafter commence an action against the surety or sureties on
the bond for the recovery of the amount of the claim and the filing of
such claim shall not constitute a claim against the Department. Failure
to commence such action upon the bond and the sureties within 6 months
after date of the Department’s final acceptance will bar any right of
action against such surety or sureties.
(Added to NRS by 1957, 685; A 1967, 348)—(Substituted in revision
for NRS 408.900)
1. With the approval of the Board, the Director may receive
informal bids and award contracts for highway construction,
reconstruction, improvements, and maintenance on projects estimated to
cost not in excess of $250,000.
2. Such informal bids must be submitted in accordance with due
advertisement thereof being published for at least one publication in any
newspaper or publication.
3. The Department shall mail a copy of the bid invitation to all
bidders who are on record with the Department as desiring to receive bid
invitations on projects estimated to cost not in excess of $250,000.
4. Except as otherwise provided in NRS 408.354 , contracts awarded pursuant to the provisions
of this section must be accompanied by bonds and conditioned and executed
in the name of the State of Nevada, and must be signed by the Director
under the seal of the Department, and by the contracting party or
parties. The form and legality of those contracts must be approved by the
Attorney General or Chief Counsel of the Department.
(Added to NRS by 1957, 685; A 1971, 1230; 1979, 1774; 1987, 1807;
1989, 1305; 1993, 1941; 1995, 139; 2001, 637 )
1. Before paying any money or drawing his warrant in payment to a
person to whom a contract is awarded, the State Controller shall require
satisfactory evidence of his compliance with the requirements to provide
workers’ compensation pursuant to chapters 616A to 617 , inclusive, of
NRS and of his payment of the contributions and payments required by
chapter 612 of NRS, and he shall withhold
payment to the contractor or his assigns until the evidence is provided.
2. If a contractor fails to provide the required coverage, the
State Controller may make the payments for this purpose to a private
carrier on his own behalf from money withheld pursuant to the provisions
of subsection 1.
3. Failure to comply with all federal, state and local laws,
rules, regulations and ordinances is sufficient cause to withhold any
money due the contractor until compliance therewith.
(Added to NRS by 1957, 686; A 1963, 975; 1985, 288; 1989, 1534;
1995, 2045; 1999, 1844 )
1. No prime or general contractor shall assign or sublet any
portion of work to be done under the terms of any contract except:
(a) Upon the written approval of the Department.
(b) In accordance with the terms of the contract or specifications.
2. All subcontractors and assignees of the prime or general
contractor shall be required to comply with the provisions of NRS 408.373
in the same manner as the prime or
general contractor.
(Added to NRS by 1957, 686)—(Substituted in revision for NRS
408.915)
1. Except as otherwise provided in subsections 2, 11 and 12, the
Director may pay at the end of each calendar month, or as soon thereafter
as practicable, to any contractor satisfactorily performing any highway
improvement or construction as the work progresses in full for the work
as completed but not more than 95 percent of the entire contract price.
The progress estimates must be based upon materials in place, or on the
job site, or at a location approved by the Director, and invoiced, and
labor expended thereon. The remaining 5 percent, but not more than
$50,000, must be retained until the entire contract is completed
satisfactorily and accepted by the Director.
2. If the work in progress is being performed on a satisfactory
basis, the Director may reduce the percentage retained if he finds that
sufficient reasons exist for additional payment and has obtained written
approval from every surety furnishing bonds for the work. Any remaining
money must be retained until the entire contract is completed
satisfactorily and accepted by the Director.
3. If it becomes necessary for the Department to take over the
completion of any highway contract or contracts, all of the amounts owing
the contractor, including the withheld percentage, must first be applied
toward the cost of completion of the contract or contracts. Any balance
remaining in the retained percentage after completion by the Department
is payable to the contractor or the contractor’s creditors.
4. Such retained percentage as may be due any contractor is due
and payable at the expiration of the 30-day period as provided in NRS
408.363 for filing of creditors’
claims, and this retained percentage is due and payable to the contractor
at that time without regard to creditors’ claims filed with the
Department.
5. The contractor under any contract made or awarded by the
Department, including any contract for the construction, improvement,
maintenance or repair of any road or highway or the appurtenances
thereto, may, from time to time, withdraw the whole or any portion of the
sums otherwise due to the contractor under the contract which are
retained by the Department, pursuant to the terms of the contract, if the
contractor deposits with the Director:
(a) United States treasury bonds, United States treasury notes,
United States treasury certificates of indebtedness or United States
treasury bills;
(b) Bonds or notes of the State of Nevada; or
(c) General obligation bonds of any political subdivision of the
State of Nevada.
Ê Certificates of deposit must be of a market value not exceeding par, at
the time of deposit, but at least equal in value to the amount so
withdrawn from payments retained under the contract.
6. The Director has the power to enter into a contract or
agreement with any national bank, state bank, credit union, trust company
or safe deposit company located in the State of Nevada, designated by the
contractor after notice to the owner and surety, to provide for the
custodial care and servicing of any obligations deposited with him
pursuant to this section. Such services include the safekeeping of the
obligations and the rendering of all services required to effectuate the
purposes of this section.
7. The Director or any national bank, state bank, credit union,
trust company or safe deposit company located in the State of Nevada,
designated by the contractor to serve as custodian for the obligations
pursuant to subsection 6, shall collect all interest or income when due
on the obligations so deposited and shall pay them, when and as
collected, to the contractor who deposited the obligation. If the deposit
is in the form of coupon bonds, the Director shall deliver each coupon as
it matures to the contractor.
8. Any amount deducted by the State of Nevada, or pursuant to the
terms of a contract, from the retained payments otherwise due to the
contractor thereunder, must be deducted first from that portion of the
retained payments for which no obligation has been substituted, then from
the proceeds of any deposited obligation. In the latter case, the
contractor is entitled to receive the interest, coupons or income only
from those obligations which remain on deposit after that amount has been
deducted.
9. A contractor shall disburse money paid to him pursuant to this
section, including any interest that the contractor receives, to his
subcontractors and suppliers within 15 days after he receives the money
in the proportion that the value of the work performed by each
subcontractor or the materials furnished by each supplier bears to the
total amount of the contract between the principal contractor and the
Department.
10. Money payable to a subcontractor or supplier accrues interest
at a rate equal to the lowest daily prime rate at the three largest banks
in the United States on the date the subcontract or order for supplies
was executed plus 2 percent, from 15 days after the money was received by
the principal contractor until the date of payment.
11. If a contractor withholds more than 10 percent of a payment
required by subsection 9, the subcontractor or supplier may inform the
Director in writing of the amount due. The Director shall attempt to
resolve the dispute between the contractor and the subcontractor or
supplier within 20 working days after the date that the Director receives
notice of the amount due. If the dispute is not resolved within 20
working days after the date that the Director receives notice of the
amount due, the contractor shall deposit the disputed amount in an escrow
account that bears interest. The contractor, subcontractor or supplier
may pursue any legal or equitable remedy to resolve the dispute over the
amount due. The Director may not be made a party to any legal or
equitable action brought by the contractor, subcontractor or supplier.
12. If the Director awards to a railroad company a contract for a
project for the construction, reconstruction, improvement or maintenance
of a highway and the project is located on property that is owned by or
under the control of the railroad company, the Director may agree in the
contract not to retain any portion of the contract price.
(Added to NRS by 1957, 686; A 1960, 75; 1963, 976; 1967, 348; 1969,
890; 1971, 864; 1975, 717; 1979, 1774; 1981, 265; 1999, 260 , 1492 ; 2001, 637 )
1. Before making final payment on any contract as provided in this
chapter the Director shall cause the publication of a notice of the date
of final acceptance of the contract for a period of at least 2 weeks in
every issue of a newspaper of general circulation in the county wherein
the major portion of the contract work was performed, and such notice may
also be published each day for a period of at least 10 days in one or
more daily newspapers of general circulation throughout the State.
2. No final settlement of the contract may be made with the
contractor until 30 days after the date of such final acceptance of the
contract.
(Added to NRS by 1957, 687; A 1963, 977; 1969, 891; 1979,
1776)—(Substituted in revision for NRS 408.925)
Design-Build Contracts
As used in NRS 408.3875 to 408.3887 , inclusive, unless the context otherwise
requires, the words and terms defined in NRS 408.3876 to 408.3879 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1999, 3482 ; A 2001, 2022 ; 2003, 119 )
“Design-build
contract” means a contract between the Department and a design-build team
in which the design-build team agrees to design and construct a project.
(Added to NRS by 1999, 3482 ; A 2001, 2022 ; 2003, 119 )
“Design-build team”
means an entity that consists of:
1. At least one person who is licensed as a general engineering
contractor or a general building contractor pursuant to chapter 624
of NRS; and
2. At least one person who holds a certificate of registration to
practice architecture pursuant to chapter 623
of NRS or is licensed as a professional engineer pursuant to chapter 625
of NRS.
(Added to NRS by 1999, 3483 ; A 2001, 2022 ; 2003, 119 )
“Prime contractor” means
a person who:
1. Contracts to construct an entire project;
2. Coordinates all work performed on the entire project;
3. Uses his own workforce to perform all or a part of the
construction of the project; and
4. Contracts for the services of any subcontractor or independent
contractor or is responsible for payment to any contracted subcontractors
or independent contractors.
(Added to NRS by 1999, 3483 ; A 2001, 2022 ; 2003, 119 )
“Project” means a project for the
construction, reconstruction or improvement of a highway.
(Added to NRS by 1999, 3483 ; A 2001, 2022 ; 2003, 119 )
1. Except as otherwise provided in NRS 408.5471 to 408.549 ,
inclusive, the Department may contract with a design-build team for the
design and construction of a project if the Department determines that:
(a) Except as otherwise provided in subsection 2, the estimated
cost of the project exceeds $20,000,000; and
(b) Contracting with a design-build team will enable the Department
to:
(1) Design and construct the project at a cost that is
significantly lower than the cost that the Department would incur to
design and construct the project using a different method;
(2) Design and construct the project in a shorter time than
would be required to complete the project using a different method, if
exigent circumstances require that the project be designed and
constructed within a short time; or
(3) Ensure that the design and construction of the project
is properly coordinated, if the project is unique, highly technical and
complex in nature.
2. Notwithstanding the provisions of subsection 1, the Department
may, once in each fiscal year, contract with a design-build team for the
design and construction of a project the estimated cost of which is at
least $5,000,000 but less than $20,000,000 if the Department makes the
determinations otherwise required pursuant to paragraph (b) of subsection
1.
(Added to NRS by 1999, 3483 ; A 2001, 2022 ; 2003, 119 , 2031 )
1. The Department shall not contract with a design-build team with
respect to a project unless the Board makes the determinations, at a
public meeting, that are required pursuant to NRS 408.388 .
2. If the Department is required to hold a public meeting pursuant
to this section, the Department shall publish notice of the meeting in a
newspaper of general circulation in this state.
(Added to NRS by 1999, 3483 ; A 2001, 2018 , 2022 ; 2003, 119 )
If the
Department desires to contract with a design-build team pursuant to NRS
408.388 and 408.3881 , the Department must select the design-build
team in accordance with NRS 408.3883
to 408.3886 , inclusive.
(Added to NRS by 1999, 3484 ; A 2001, 2022 ; 2003, 119 )
1. The Department shall advertise for preliminary proposals for
the design and construction of a project by a design-build team in a
newspaper of general circulation in this state.
2. A request for preliminary proposals published pursuant to
subsection 1 must include, without limitation:
(a) A description of the proposed project;
(b) Separate estimates of the costs of designing and constructing
the project;
(c) The dates on which it is anticipated that the separate phases
of the design and construction of the project will begin and end;
(d) The date by which preliminary proposals must be submitted to
the Department, which must not be less than 30 days after the date that
the request for preliminary proposals is first published in a newspaper
pursuant to subsection 1; and
(e) A statement setting forth the place and time in which a
design-build team desiring to submit a proposal for the project may
obtain the information necessary to submit a proposal, including, without
limitation, the information set forth in subsection 3.
3. The Department shall maintain at the time and place set forth
in the request for preliminary proposals the following information for
inspection by a design-build team desiring to submit a proposal for the
project:
(a) The extent to which designs must be completed for both
preliminary and final proposals and any other requirements for the design
and construction of the project that the Department determines to be
necessary;
(b) A list of the requirements set forth in NRS 408.3884 ;
(c) A list of the factors that the Department will use to evaluate
design-build teams who submit a proposal for the project, including,
without limitation:
(1) The relative weight to be assigned to each factor
pursuant to NRS 408.3886 ; and
(2) A disclosure of whether the factors that are not related
to cost are, when considered as a group, more or less important in the
process of evaluation than the factor of cost;
(d) Notice that a design-build team desiring to submit a proposal
for the project must include with its proposal the information used by
the Department to determine finalists among the design-build teams
submitting proposals pursuant to subsection 2 of NRS 408.3885 and a description of that information;
(e) A statement that a design-build team whose prime contractor
holds a certificate of eligibility to receive a preference in bidding on
public works issued pursuant to NRS 338.1389 or 338.147
should submit a copy of the certificate of eligibility with its proposal;
and
(f) A statement as to whether a bidding design-build team that is
selected as a finalist pursuant to NRS 408.3885 but is not awarded the design-build contract
pursuant to NRS 408.3886 will be
partially reimbursed for the cost of preparing a final proposal or best
and final offer, or both, and, if so, an estimate of the amount of the
partial reimbursement.
(Added to NRS by 1999, 3484 ; A 2001, 252 , 2019 , 2022 ; 2003, 119 , 2522 )
To qualify to
participate in the design and construction of a project for the
Department, a design-build team must:
1. Except as otherwise provided in NRS 408.354 , obtain a performance bond and payment bond as
the Department may require;
2. Obtain insurance covering general liability and liability for
errors and omissions;
3. Not have been found liable for breach of contract with respect
to a previous project, other than a breach for legitimate cause;
4. Not have been disqualified from being awarded a contract
pursuant to NRS 338.017 , 338.13895
, 338.1475 or 408.333 ;
and
5. Ensure that the members of the design-build team possess the
licenses and certificates required to carry out the functions of their
respective professions within this state.
(Added to NRS by 1999, 3485 ; A 2001, 252 , 639 , 2022 ; 2003, 119 )
1. The Department shall select at least three but not more than
five finalists from among the design-build teams that submitted
preliminary proposals. If the Department does not receive at least three
preliminary proposals from design-build teams that the Department
determines to be qualified pursuant to this section and NRS 408.3884
, the Department may not contract with
a design-build team for the design and construction of the project.
2. The Department shall select finalists pursuant to subsection 1
by:
(a) Verifying that each design-build team which submitted a
preliminary proposal satisfies the requirements of NRS 408.3884 ; and
(b) Conducting an evaluation of the qualifications of each
design-build team that submitted a preliminary proposal, including,
without limitation, an evaluation of:
(1) The professional qualifications and experience of the
members of the design-build team;
(2) The performance history of the members of the
design-build team concerning other recent, similar projects completed by
those members, if any;
(3) The safety programs established and the safety records
accumulated by the members of the design-build team;
(4) The proposed plan of the design-build team to manage the
design and construction of the project that sets forth in detail the
ability of the design-build team to design and construct the project; and
(5) The degree to which the preliminary proposal is
responsive to the requirements of the Department for the submittal of a
preliminary proposal.
(Added to NRS by 1999, 3485 ; A 2001, 2020 , 2022 ; 2003, 119 )
1. After selecting the finalists pursuant to NRS 408.3885 , the Department shall provide to each
finalist a request for final proposals for the project. The request for
final proposals must:
(a) Set forth the factors that the Department will use to select a
design-build team to design and construct the project, including the
relative weight to be assigned to each factor; and
(b) Set forth the date by which final proposals must be submitted
to the Department.
2. Except as otherwise provided in this subsection, in assigning
the relative weight to each factor for selecting a design-build team
pursuant to subsection 1, the Department shall assign, without
limitation, a relative weight of 5 percent to the possession of a
certificate of eligibility to receive a preference in bidding on public
works and a relative weight of at least 30 percent for the proposed cost
of design and construction of the project. If any federal statute or
regulation precludes the granting of federal assistance or reduces the
amount of that assistance for a particular project because of the
provisions of this subsection relating to preference in bidding on public
works, those provisions of this subsection do not apply insofar as their
application would preclude or reduce federal assistance for that project.
3. A final proposal submitted by a design-build team pursuant to
this section must be prepared thoroughly, be responsive to the criteria
that the Department will use to select a design-build team to design and
construct the project described in subsection 1 and comply with the
provisions of NRS 338.141 .
4. After receiving the final proposals for the project, the
Department shall:
(a) Select the most cost-effective and responsive final proposal,
using the criteria set forth pursuant to subsections 1 and 2;
(b) Reject all the final proposals; or
(c) Request best and final offers from all finalists in accordance
with subsection 5.
5. If the Department determines that no final proposal received is
cost-effective or responsive and the Department further determines that
requesting best and final offers pursuant to this subsection will likely
result in the submission of a satisfactory offer, the Department may
prepare and provide to each finalist a request for best and final offers
for the project. In conjunction with preparing a request for best and
final offers pursuant to this subsection, the Department may alter the
scope of the project, revise the estimates of the costs of designing and
constructing the project, and revise the selection factors and relative
weights described in paragraph (a) of subsection 1. A request for best
and final offers prepared pursuant to this subsection must set forth the
date by which best and final offers must be submitted to the Department.
After receiving the best and final offers, the Department shall:
(a) Select the most cost-effective and responsive best and final
offer, using the criteria set forth in the request for best and final
offers; or
(b) Reject all the best and final offers.
6. If the Department selects a final proposal pursuant to
paragraph (a) of subsection 4 or selects a best and final offer pursuant
to paragraph (a) of subsection 5, the Department shall hold a public
meeting to:
(a) Review and ratify the selection.
(b) Partially reimburse the unsuccessful finalists if partial
reimbursement was provided for in the request for preliminary proposals
pursuant to paragraph (f) of subsection 3 of NRS 408.3883 . The amount of reimbursement must not exceed,
for each unsuccessful finalist, 3 percent of the total amount to be paid
to the design-build team as set forth in the design-build contract.
(c) Make available to the public a summary setting forth the
factors used by the Department to select the successful design-build team
and the ranking of the design-build teams who submitted final proposals
and, if applicable, best and final offers. The Department shall not
release to a third party, or otherwise make public, financial or
proprietary information submitted by a design-build team.
7. A contract awarded pursuant to this section:
(a) Must comply with the provisions of NRS 338.020 to 338.090 ,
inclusive; and
(b) Must specify:
(1) An amount that is the maximum amount that the Department
will pay for the performance of all the work required by the contract,
excluding any amount related to costs that may be incurred as a result of
unexpected conditions or occurrences as authorized by the contract;
(2) An amount that is the maximum amount that the Department
will pay for the performance of the professional services required by the
contract; and
(3) A date by which performance of the work required by the
contract must be completed.
8. A design-build team to whom a contract is awarded pursuant to
this section shall:
(a) Assume overall responsibility for ensuring that the design and
construction of the project is completed in a satisfactory manner; and
(b) Use the workforce of the prime contractor on the design-build
team to construct at least 15 percent of the project.
(Added to NRS by 1999, 3485 ; A 2001, 252 , 2020 , 2022 ; 2003, 119 , 2032 , 2523 )
The Department may employ a registered architect or
licensed professional engineer as a consultant to assist the Department
in overseeing the construction of a project. An architect or engineer so
employed shall not:
1. Construct, reconstruct or improve the highway; or
2. Assume overall responsibility for ensuring that the
construction of the project is completed in a satisfactory manner.
(Added to NRS by 1999, 3487 ; A 2001, 2022 ; 2003, 119 )
Miscellaneous Provisions
1. The Department shall not purchase any equipment which exceeds
$50,000, unless the purchase is first approved by the Board.
2. The Board shall not delegate to the Director its authority to
approve purchases of equipment pursuant to subsection 1.
(Added to NRS by 1991, 1904; A 1993, 1366)
1. The Department shall:
(a) Cooperate with the Labor Commissioner in the enforcement of the
state labor laws insofar as the labor laws relate to labor performed in
construction, maintenance and repair of highways under the jurisdiction
of the Department.
(b) Require that any work done, either by contract or day’s pay,
must be paid for at the legal wage as fixed by law.
2. A contractor shall not charge persons seeking employment for
transportation or fares in case of their being refused employment or in
case of being discharged from employment, such transportation or fares
applying to their return to the nearest city or town.
3. A contractor for any improvements on highways furnishing board
for his employees shall not charge more than $3.50 per day for three
substantial meals.
4. If any contractor violates any of the provisions of this
section three times in any 1 year, the Department shall refuse the
contractor the right to bid on any contract for 1 year, or participate in
any contract as subcontractor or in any manner whatever during the period.
5. The Department and the Labor Commissioner shall enforce the
provisions of this section.
6. This section does not apply to work done directly by any public
utility pursuant to an order of the Department or other public authority,
whether or not done under public supervision or direction, or paid for
wholly or in part out of public money.
(Added to NRS by 1957, 687; A 1987, 1808)
Whenever in the construction, reconstruction, maintenance or repair of
any highway it appears to the Director that any portion of the highway is
dangerous or inconvenient to the traveling public in its existing
location by reason of grades, dangerous turns or other local conditions,
or that the expense in the constructing, building, rebuilding,
maintaining or repairing of the highway would be unreasonably great and
could be materially reduced or lessened by change of route, the Director
may divert or change the route, but:
1. The highway must not be changed or diverted to exclude any city
or town unless the consent of the governing body of that city or town has
been obtained; and
2. The Director shall submit a plan of the proposed change to the
Board which must be approved by the Board before action is taken to
effect the change.
(Added to NRS by 1957, 688; A 1977, 225; 1979, 1776; 1987, 1808;
1989, 1305)
1. Upon a resolution of the Board, the Department under the
provisions of this chapter may lay out, establish, acquire, open,
construct, reconstruct, improve, maintain, repair, regulate, vacate or
abandon freeways, with the approval of the board of county commissioners
of the county in which the freeways are proposed and with the approval of
the city council of any incorporated city directly affected thereby.
2. The Department has all such additional and necessary authority
relative to freeways as it possesses relative to other highways,
including the authority to acquire by gift, purchase, condemnation or
otherwise any real property or interests therein, including abutter’s
rights or access rights required for a freeway.
3. Where an existing highway, in whole or in part, has been
designated as, or included within, a freeway, existing abutter’s rights
of light, view and air, and easements of access to and from abutting land
may be extinguished by gift, purchase, condemnation or otherwise.
4. As a necessary adjunct of any freeway, the Department may lay
out, establish, acquire, open, construct, reconstruct, improve, maintain,
repair, vacate or abandon frontage roads to provide service and access
from areas adjacent to such freeway.
(Added to NRS by 1957, 688; A 1987, 1808; 1989, 1305)
1. For the purposes of this section:
(a) “Cost of relocation” means the entire amount paid by a utility
properly attributable to the relocation of its facilities, including
removal, reconstruction and replacement after deducting therefrom any
increase in value of the new facility and any salvage value derived from
the old facility, and includes the costs of all rights and interests
necessary in land and the costs of any other rights required to
accomplish such relocation.
(b) “Utility” means any privately, publicly or cooperatively owned
systems for supplying telegraph, telephone, electric power and light,
gas, water, sewer and like service to the public or a segment of the
public.
2. Whenever the Director, after consulting with the utility
concerned, determines that any utility facility which now is, or
hereafter may be, located in, over, along or under any highway in the
federal-aid primary or secondary systems or in the interstate system,
including extensions thereof within urban areas, as such systems are
defined in the Federal-Aid Highway Acts and are accepted by and assented
to by the State of Nevada, should be relocated, the utility owning or
operating such utility facility shall relocate the same in accordance
with the order of the Director. The cost of any such relocation shall be
ascertained and paid by the State as part of the cost of such federally
aided project, provided the proportionate part of such cost is
reimbursable from federal funds under a Federal-Aid Highway Act or any
other Act of Congress under which the State is entitled to reimbursement
for all or part of such cost.
3. This section does not apply where a payment of relocation or
removal costs by the State would be inconsistent with the terms of a
permit issued by the Director pursuant to NRS 408.423 .
(Added to NRS by 1963, 267; A 1979, 1776)—(Substituted in revision
for NRS 408.943)
81. The
Department may pave and improve state highway Route No. 81, beginning on
Route No. 34 at Gerlach, thence northwesterly through Squaw Valley and
Duck Flat to the Nevada-California boundary at the southerly end of
Surprise Valley, a distance of approximately 56 miles. The board of
county commissioners, the Department and the Federal Highway
Administration shall take such action as may be necessary to permit the
use of the force account method of using federal aid highway funds by
using county forces and county equipment to fulfill the requirement of
matching such federal aid highway funds as may be available.
(Added to NRS by 1957, 688; A 1987, 717)
1. As a part of every plan and of all specifications and contracts
for the construction of highways, provisions must be made for the
erection of permanent guideposts and signboards at every point where
another road crosses or diverges from such highways and at all places
requiring warning to the traveling public as to the condition of the
road, such as dangerous turns and steep grades. Such guideposts and
signboards must contain plain and accurate information as to the
distances of towns and other points such as is usually contained on
signboards for the information of the traveling public.
2. The Department shall:
(a) Cause to be put up, and to be kept up thereafter, on and along
the highways, all such usual and necessary road markers and highway signs
adopted by the American Association of State Highway and Transportation
Officials.
(b) Cause to be put up, and to be kept up thereafter, informative
signs, distinctive in color and design, pointing out, calling attention
to and descriptive of nearby points, location of and distance to water,
and objects of natural, scenic, geographical, geological, paleographical
and historical interest to the traveler within or passing through the
State.
(c) Cause to be put up, and to be kept up thereafter, informative
signs which indicate scenic routes.
3. Every guidepost, signboard, road marker, highway sign,
informative sign and descriptive sign put up by the Department pursuant
to this section must contain measurements based on metric units if:
(a) The Federal Highway Administration of the United States
Department of Transportation issues specifications for utilizing
measurements based on metric units; and
(b) Money is made available for this purpose by the Federal
Government.
4. Any person who willfully tears down, digs up, or in any manner
defaces, destroys or carries away any such guideboards, road markers,
highway signs or descriptive signs as provided in this section is guilty
of a public offense, as prescribed in NRS 193.155 , proportionate to the value of the markers or
signs destroyed, damaged, removed or defaced and in no event less than a
misdemeanor. The Department has a cause of action against such a person
in a court of competent jurisdiction for the amount expended for repairs
and replacement of such signs and markers, together with the cost and
expenses incurred in the action.
(Added to NRS by 1957, 689; A 1967, 573; 1977, 409; 1983, 533)
1. No state highway or right-of-way may be disturbed, dug up,
crossed, encroached upon or otherwise used for the laying or re-laying of
pipelines, ditches, flumes, sewers, poles, wires, approach roads,
driveways, railways or for any other purpose, without the written permit
of the Director, and then only in accordance with the conditions and
regulations prescribed by the Director. All such work must be done under
the supervision and to the satisfaction of the Director. All costs of
replacing the highway in as good condition as previous to its being
disturbed must be paid by the persons to whom or on whose behalf such
permit was given or by the person by whom the work was done.
2. In case of immediate necessity therefor, a city or town may dig
up a state highway without a permit from the Director, but in such cases
the Director must be first notified and the highway must be replaced
forthwith in as good condition as before at the expense of such city or
town.
3. The Department shall charge each applicant a reasonable fee for
all administrative costs incurred by the Department in acting upon an
application for a permit, including costs for the preparation and
inspection of a proposed encroachment.
(Added to NRS by 1957, 689; A 1979, 1777; 1981, 707)
Whenever any person cuts, removes, destroys,
crosses or otherwise penetrates a control-of-access fence or barrier
maintained by the Department on an interstate or other highway, to which
the State has acquired the abutters’ easements of access to and from the
abutting land, the Department may petition the district court of the
county where such highway is located for an order permanently enjoining
such person from further penetration of the control of access, and if the
court finds, upon taking proof by affidavit or otherwise, that the State
has acquired the abutters’ rights of access, it shall enjoin such person
from further violation of such control-of-access fence or barrier and
shall provide in its order that the Department may recover from such
person a sum treble the actual expense incurred by the Department in
restoring the control-of-access fence or barrier.
(Added to NRS by 1969, 461)—(Substituted in revision for NRS
408.956)
1. It is unlawful for any person, firm, corporation, association
or other entity, other than a public utility, to:
(a) Sell, exhibit or offer for sale any goods, wares, products,
merchandise or services; or
(b) Erect, place, post or maintain any sign, billboard, placard,
notice or other form of advertising,
Ê in any roadside park or safety rest area in this state, or in the
approaches thereto.
2. Any person who violates any provision of this section or any
regulation adopted under this chapter governing roadside parks or safety
rest areas shall be punished by a fine of not more than $100 for a first
offense and not more than $500 for each subsequent offense.
(Added to NRS by 1979, 207)
ACQUISITION AND DISPOSAL OF PROPERTY FOR HIGHWAYS
1. In all cases of highways constructed, reconstructed or improved
under the provisions of this chapter which are located or relocated over
privately owned property the Department may acquire, in the name of the
State, either in fee or in any lesser estate or interest, any real
property or interest therein and any personal property which it considers
necessary.
2. The property which may be acquired for those purposes includes,
but is not limited to, real property, interests therein, improvements
located thereon and personal property for any of the following purposes:
(a) For rights-of-way for both present and future needs for
highways of all types, including highways constructed within towns and
cities.
(b) For exchanging the property or interests therein for other
property or interests therein required for highway purposes to avoid the
payment of excessive compensation or damages.
(c) For sites on which to relocate structures which are within the
right-of-way of a projected highway.
(d) For sites for storage, communications and maintenance and for
administrative, recreational and historical purposes and necessary
appurtenances in connection with those sites.
(e) For extraction of material, including rock quarries, gravel
pits, sand or earth borrow pits, or other roadway material; also to
obtain water from any source for any purpose which may be necessary for
the construction and maintenance of the highways and their appurtenances.
(f) For the culture and support of trees and other flora which will
benefit the highways in any way, including the increasing of the scenic
beauty of the highways.
(g) For drainage in connection with any highway.
(h) For the maintenance of an unobstructed view of any portion of a
highway so as to promote the safety of the traveling public.
(i) For the placement of directional signs and other signs,
construction of fences, curbs, barriers, and obstructions as may be
necessary for the safety and convenience of the traveling public.
(j) For constructing and maintaining highway cut and fill slopes.
(k) For public parks, playgrounds, recreational grounds and sites
adjoining highway or freeway rights-of-way; acquisition of sites to
replace housing; and acquisition and rehabilitation, relocation and
construction of housing to replace other housing acquired.
(Added to NRS by 1957, 690; A 1963, 977; 1965, 1000; 1971, 186;
1985, 705)
1. The property and interests therein must be acquired by the
Department in the name of and in behalf of the State, either by donation,
dedication, agreement, exchange, lease, option, purchase or through the
exercise of the power of eminent domain.
2. The Department may exercise the power of eminent domain to
acquire a fee in any property in which it has already acquired a lesser
estate or interest.
3. Proceedings in eminent domain for the acquisition of property
or any interest therein for the highway purposes set forth in NRS 408.487
must be had pursuant to the provisions
of chapter 37 of NRS, except as otherwise
prescribed by this chapter.
4. The entire cost of acquiring the property and interests
therein, except as otherwise provided in this chapter, must be paid out
of the State Highway Fund.
5. Whenever a part of a parcel of real property, an interest
therein or an improvement thereon is to be acquired under the provisions
of this chapter and the remainder is proposed to be left in such
irregular shape, uneconomical size, utility or condition as to be of
little value or to give rise to claims or litigation concerning damages,
the Department may acquire by the methods provided in subsection 1 the
whole parcel and may:
(a) Dispose of the remainder pursuant to NRS 408.533 ;
(b) Exchange it for other property or interests therein required
for highway purposes; or
(c) Use it for any purpose enumerated in subsection 2 of NRS
408.487 .
(Added to NRS by 1985, 703)
1. Whenever land is required for highway purposes, the Department
shall survey and locate the right-of-way in a manner most compatible with
the greatest public good and the least private injury. The Department’s
employees, agents or representatives may, with the consent of the owner,
enter upon the land and make examinations, surveys and maps thereof,
including soil investigation and test borings and appraisal and valuation
of the land and improvements thereon.
2. Whenever the owner or occupant of such land refuses or fails to
permit entry thereon for such examination, survey, investigation or
appraisal, the Department may petition the district court of the county
in which such land is situated for an order permitting the Department to
enter and undertake such examination, survey, investigation or appraisal,
and the court, if it ascertains, by affidavit or otherwise, that the
Department in good faith desires to enter the land for such purpose shall
grant its order permitting such entry, conditioned upon the examination
being made at reasonable times and in such manner as to cause the least
inconvenience to the owner or occupant, and such entry shall not
constitute any cause of action in favor of the owner or occupant of the
land, except for actual damages sustained to such land or improvements
thereon.
(Added to NRS by 1965, 998)—(Substituted in revision for NRS
408.973)
1. Any person asserting any claim for compensation or damage for
injury to land or interests therein arising from the construction,
alteration or improvement of any highway constructed, altered or improved
under the provisions of this chapter shall first, as a condition
precedent to the action authorized by subsection 2 and not later than 2
years after final acceptance of the contract by the Department as defined
in NRS 408.387 , file such claim with
the Department, verified under oath and containing all particulars
regarding such claim. Such claim must be promptly investigated by the
Director, who shall recommend its disposition to the Board, and if such
claim or any portion thereof is approved by the Board it must be paid
upon obtaining a written release of the entire claim, out of the State
Highway Fund. The claimant must be given written notice by registered
mail of the Board’s decision.
2. Any claimant aggrieved by the Board’s decision on such claim
may commence, in the district court for the county in which the land is
situated, within 6 months after receipt of notice of the decision on such
claim, a proceeding in inverse condemnation against the Department
seeking just compensation for an alleged taking or damaging of private
property for highway purposes, and if such proceeding is not so commenced
within such time it is forever barred.
(Added to NRS by 1957, 691; A 1965, 1002; 1979, 1779; 1987, 1810;
1989, 1306)
1. The Department shall not commence any legal action in eminent
domain until the Board adopts a resolution declaring that the public
interest and necessity require the acquisition, construction,
reconstruction, improvement or completion by the State, acting through
the Department, of the highway improvement for which the real property,
interests therein or improvements thereon are required, and that the real
property, interests therein or improvements thereon described in the
resolution are necessary for such improvement.
2. The resolution of the Board is conclusive evidence:
(a) Of the public necessity of such proposed public improvement.
(b) That such real property, interests therein or improvements
thereon are necessary therefor.
(c) That such proposed public improvement is planned or located in
a manner that will be most compatible with the greatest public good and
the least private injury.
3. All legal actions in all courts brought under the provisions of
this chapter to enforce the right of eminent domain take precedence over
all other causes and actions not involving the public interest, to the
end that all such actions, hearings and trials thereon must be quickly
heard and determined.
(Added to NRS by 1957, 691; A 1960, 392; 1987, 1810; 1989, 1306)
1. Real property held in fee or improvements on the property
acquired by the Department in advance of the actual construction,
reconstruction or improvement of highways or in order to avoid the
payment of excessive damages, or held by the Department pending a
determination in the future on its use or disposal may be leased or
rented by the Department for fair market value in such manner and for
such periods as are determined by the Director to be in the best
interests of the State.
2. The Director may lease for fair market value space above and
below the established grade line of the highway to state and public
agencies and private persons in such manner and for such periods as he
determines are in the best interest of the State, if:
(a) The full use and safety of the highway will not be impaired;
(b) Vehicular or pedestrian access to that space will not be
required or permitted from the established grade line; and
(c) The free flow of traffic on the highway is not interfered with
in any way.
3. All leases of an interest in real property entered into by the
Department before April 1, 1985, are hereby ratified. All other leases
entered into pursuant to subsection 2 must be approved by the Board
subject to the provisions of subsection 4.
4. If the Department receives a proposal to negotiate a lease
pursuant to subsection 2, it shall publish a notice in a newspaper of
general circulation at least once a week for 2 weeks, stating that it has
received the proposal and that it will receive other proposals for use of
the space for 60 days after the completion of the publication. A copy of
the notice must be mailed to each local governmental unit in the affected
area. If the property is leased, it must be to the highest bidder for the
space. The requirements for publication and notice do not apply if the
proposal was received from an owner who controls the property on both
sides of the highway.
5. All money received for leases and rentals must be deposited
with the State Treasurer to be credited to the State Highway Fund.
(Added to NRS by 1957, 692; A 1971, 1330; 1979, 1780; 1983, 416;
1985, 706; 1987, 1810; 1989, 1307)
1. When highways are constructed, reconstructed or improved in
accordance with this chapter through towns and through cities, the
Department may require such towns and cities to acquire, through their
governing bodies, and such towns and cities shall acquire in the name of
the State, such real property, interests therein or improvements thereon
for such highways as are determined to be necessary by the Department in
the same manner as if the property were being acquired by the State.
2. The cost of acquisition may be shared by such town or city and
the Department or may be paid for wholly by such town or city in
accordance with agreements which shall first be entered into between the
governing body of such city or town and the Department.
3. With respect to real property, interests therein or
improvements thereon held in the name of towns and cities, the local
governing body may, by conveyance in the nature of quitclaim, transfer
such interest to the State in accordance with the agreements which shall
first be entered into between such governing bodies and the Department.
(Added to NRS by 1957, 692; A 1975, 665)—(Substituted in revision
for NRS 408.990)
1. When highways are constructed, reconstructed or improved by the
State in accordance with this chapter outside of the limits of any
unincorporated town or incorporated city, the Department may require the
boards of county commissioners of the counties in which the highways are
located to acquire, and such boards shall acquire in the name of the
State, such real property, interests therein or improvements thereon for
such highways as are determined to be necessary by the Department in the
same manner as if the property were being acquired by the State.
2. The cost of acquisition may be shared by such counties and the
Department or may be paid for wholly by such counties in accordance with
agreements which shall first be entered into between the boards of county
commissioners of the counties in which the highways are located and the
Department.
3. With respect to real property, interests therein or
improvements thereon held in the name of counties, the boards of county
commissioners may, by conveyance in the nature of quitclaim, transfer
such interest to the State in accordance with agreements which shall
first be entered into between such boards and the Department.
(Added to NRS by 1957, 692; A 1975, 666)—(Substituted in revision
for NRS 408.995)
1. The Board may retain or may summarily vacate and abandon any
portion of a state highway if that portion has been superseded by
relocation or has been determined to be in excess of the needs of the
Department.
2. The Board shall act to abandon any easement, or to vacate any
highway, by resolution. A certified copy of the resolution may be
recorded without acknowledgment, certificate of acknowledgment, or
further proof, in the office of the county recorder of each county
wherein any portion of the easement to be abandoned, or the highway to be
vacated, lies. No fee may be charged for such recordation. Upon
recordation, the abandonment or vacation is complete.
3. When a highway for which the State holds only an easement is
abandoned, or when any other easement is abandoned, the property
previously subject thereto is free from the public easement for highway
purposes. Where the State owns in fee the property on which the vacated
highway was located, the Department shall dispose of that property as
provided in NRS 408.533 .
4. In any proceeding for the abandonment or vacation of any state
highway or part thereof, the Board may reserve and except therefrom any
easements, rights or interests in the highway deemed desirable and in the
best interests of the State.
(Added to NRS by 1960, 68; A 1981, 707; 1987, 1811; 1989, 1307)
1. Whenever the Department and the county or city concerned have
entered into an agreement providing therefor, and the legislative body of
the county or city has adopted a resolution consenting thereto, the board
may relinquish to the county or city any portion of any state highway
which has been deleted from the state highway system by legislative
enactment. The Department may likewise relinquish any portion of any
state highway which has been superseded by relocation or which the
Department determines exceeds its needs.
2. By resolution of the Board, the Department may upon request
relinquish to the Division of State Lands of the State Department of
Conservation and Natural Resources for the public use of another state
agency any portion of any state highway which has been superseded by
relocation or which the Department determines exceeds its needs.
3. Relinquishment must be made by a resolution. A certified copy
of the resolution must be filed with the legislative body of the county
or city concerned. The resolution must be recorded in the office of the
county recorder of the county where the land is located and, upon
recordation, all right, title and interest of the State in and to that
portion of any state highway vests in the county, city or division, as
the case may be.
4. Nothing in NRS 408.523 limits
the power of the Board to relinquish abandoned or vacated portions of a
state highway to a county, city or the Division.
5. If the Board relinquishes property pursuant to subsection 4,
and the purpose for which the property was relinquished is abandoned or
ceases to exist, then:
(a) If the interest of the Department in the property before it was
relinquished was held in fee simple, all right, title and interest of the
county, city or Division reverts to the Department.
(b) If the interest of the Department in the property before it was
relinquished was an easement or other lesser interest, the county, city
or Division may abandon or vacate the property without reversion to the
Department.
6. The vesting of all right, title and interest of the Department
in and to portions of any state highways relinquished previously by the
Department in the city, county or state agency to which it was
relinquished is hereby confirmed.
(Added to NRS by 1960, 68; A 1983, 338; 1987, 1102, 1812; 1989,
1308; 1991, 1173)
1. Except as otherwise provided in NRS 37.270 , all real property, interests therein or
improvements thereon and personal property acquired before, on or after
April 1, 1957, in accordance with the provisions of NRS 408.487 and 408.489
must, after approval by the Board and if no longer needed for highway
purposes, be disposed of by the Director in accordance with the
provisions of subsection 2, except that:
(a) When the property was originally donated to the State, no
charge may be made if it is returned to the original owner or to the
holder of the reversionary right.
(b) When the property has been wholly or partially paid for by
towns, cities or counties, disposal of the property and of money received
therefor must be agreed upon by the governing bodies of the towns, cities
and counties and the Department.
(c) When the title to the real property has been acquired in fee
pursuant to NRS 408.487 and 408.489
and, in the opinion of the Board, a
sale by means of a public auction or sealed bids is uneconomical or
impractical because:
(1) There is no access to the property;
(2) The property has value or an increased value only to a
single adjoining property owner; or
(3) Such a sale would work an undue hardship upon a property
owner as a result of a severance of the property of that owner or a
denial of access to a public highway,
Ê the Board may enter into a direct sale of the property with such an
owner or any other person for its fair market value.
(d) When the property has been acquired and the property or any
portion of the property is no longer needed for highway purposes, the
Department shall give notice of its intention to dispose of the property
by publication in a newspaper of general circulation in the county where
the property is situated. The notice must include the Department’s
appraisal of the fair market value of the property. Any person from whom
the property was purchased or his heir or grantee may purchase the
property at its fair market value by direct sale from the Department
within 60 days after the notice is published. If more than one person
qualified to purchase the property by direct sale pursuant to this
paragraph so requests, the person with the superior claim, as determined
by the Department in its sole discretion, is entitled to purchase the
property by direct sale. If a person who is entitled to purchase the
property by direct sale pursuant to this paragraph reasonably believes
that the Department’s appraisal of the property is greater than the fair
market value of the property, the person may file an objection to the
appraisal with the Department. The Department shall set forth the
procedure for filing an objection and the process under which a final
determination will be made of the fair market value of the property for
which an objection is filed. The Department shall sell the property in
the manner provided in subsection 2 if:
(1) No person requests to purchase the property by direct
sale within 60 days after the notice is published pursuant to this
paragraph; or
(2) A person who files an objection pursuant to this
paragraph fails, within 10 business days after he receives a written
notice of the final determination of the fair market value of the
property, to notify the Department in writing that he wishes to purchase
the property at the fair market value set forth in the notice.
(e) When the property is sought by another public agency for a
reasonable public use, the Department may first offer the property to the
public agency at its fair market value.
2. All property, interests or improvements not included within the
provisions of subsection 1 must first be offered for sale by the
Department singly or in combination at public auction or by sealed bids.
If the highest bid received is 90 percent or more of the Department’s
appraisal of the fair market value of the property, the property may be
sold to the highest bidder. The notice and the terms of the sale must be
published in a newspaper of general circulation in the county where the
property is situated. The auctions and openings of bids must be conducted
by the Department. If the property cannot be sold for 90 percent or more
of its fair market value, the Department may enter into a written listing
agreement with a person licensed pursuant to chapter 645 of NRS to sell or lease the property for 90 percent
or more of its fair market value.
3. It is conclusively presumed in favor of the Department and any
purchaser for value that the Department acted within its lawful authority
in acquiring and disposing of the property, and that the Director acted
within his lawful authority in executing any conveyance vesting title in
the purchaser. All such conveyances must be quitclaim in nature and the
Department shall not warrant title, furnish title insurance or pay the
tax on transfer of real property.
4. No person has a right of action against the Department or its
employees for a violation of this section. This subsection does not
prevent an action by the Attorney General on behalf of the State of
Nevada or any aggrieved person.
5. All sums of money received by the Department for the sale of
real and personal property must be deposited with the State Treasurer to
be credited to the State Highway Fund, unless the Federal Highway
Administration participated in acquisition of the property, in which case
a pro rata share of the money obtained by disposal of the property must
be paid to the Federal Highway Administration.
6. The Department may reserve and except easements, rights or
interests from the conveyance of any real property disposed of in
accordance with this section or exchanged pursuant to subsection 5 of NRS
408.489 . The easements, rights or
interests include, but are not limited to:
(a) Abutter’s rights of light, view or air.
(b) Easements of access to and from abutting land.
(c) Covenants prohibiting the use of signs, structures or devices
advertising activities not conducted, services not rendered or goods not
produced or available on the real property.
(Added to NRS by 1957, 693; A 1959, 599; 1963, 978; 1967, 1743;
1971, 140; 1979, 1781; 1985, 707; 1987, 1812; 1989, 1308; 1991, 1691;
1995, 1140; 2001, 2132 ; 2005, 1790 )
1. Upon receipt of an application for consent to close a public
road on public land, the Department shall give written notice of the
application to the planning agencies of the local governments, within 1
week after its receipt of the application.
2. Each planning agency so notified shall within 45 days after the
notice is sent hold a public hearing on the application at the place
where it normally meets. If the road is located within the jurisdiction
of two or more planning agencies, each of those agencies must hold a
hearing.
3. Each planning agency shall notify the public and every person
known to have a vested private right-of-way over the road for the purpose
of grazing, mining or any other purpose for which such a private right
vests, by publication in one issue of a newspaper of general circulation
published in each of the counties in which the land is located and by
mailing to the last known address of each private user of the road. The
notice must be published at least 20 days before the date set for the
hearing and set forth the location of the road and the purpose for
closing it as stated in the application. The cost of publishing the
notice must be borne by the United States or by someone in its behalf.
4. The planning agency shall deliver its written recommendation on
the application, including the reasons for its recommendation, to the
Department within 15 days after the conclusion of its hearing on the
application.
5. The application must contain such information and supporting
documents as are prescribed in regulations adopted by the Department with
the approval of the Board.
(Added to NRS by 1981, 924; A 1987, 1814; 1989, 1310)
1. The Department shall hold a hearing on an application to close
a public road on public land within 45 days after it receives the written
recommendation from the planning agency. The Department shall give notice
of its hearing as required by law. At its hearing the Department shall
receive any testimony pertaining to any use of the road which is not
repetitive and shall consider the written recommendation of the planning
agency.
2. The Department shall deliver its written recommendation on the
application, including the reasons for its recommendation, to the Board
within 15 days after the conclusion of its hearing on the application.
(Added to NRS by 1981, 924; A 1987, 1814; 1989, 1310)
1. The Board in deciding whether to grant or deny the consent of
the State to close a public road on public land shall:
(a) Balance the interests of the Federal Government and the State;
and
(b) Not apply standards or impose conditions respecting the closure
of a public road which are more restrictive than those generally
applicable to other persons or governmental agencies in this state.
2. In granting the consent of the State the Board shall not grant
or waive any right, privilege, immunity or other incident of sovereignty
provided for in NRS 328.085 , except
subsection 3 of that section.
3. Consent to such a closure or the extinguishing of a public use
does not constitute consent to extinguish a private use, and the State’s
consent is contingent on compensation by the Federal Government for the
loss of a vested private right-of-way.
4. Any recommendation of the Department which is not acted on by
the Board within 30 days after it receives the application and which is
not in conflict with the requirements of this section is automatically
approved unless the Board in a writing which is attached to the
application and recommendation defers the decision for a good cause.
5. The consent of the Board to close a public road on public land
must be evidenced by a certificate signed by the Chairman of the Board
and attested to by its Secretary, and delivered to the United States.
(Added to NRS by 1981, 925; A 1987, 1814; 1989, 1310)
TRANSPORTATION FACILITIES
As used in NRS
408.5471 to 408.549 , inclusive, unless the context otherwise
requires, “transportation facility” means a road, railroad, bridge,
tunnel, overpass, airport, mass transit facility, parking facility for
vehicles or similar commercial facility used for the support of or the
transportation of persons or goods, including, without limitation, any
other property that is needed to operate the facility. The term does not
include a toll bridge or toll road.
(Added to NRS by 2003, 2028 )
The Department may authorize a person to develop, construct,
improve, maintain or operate, or any combination thereof, a
transportation facility pursuant to NRS 408.5475 or 408.548 .
(Added to NRS by 2003, 2028 )
1. A person may submit a request to the Department to develop,
construct, improve, maintain or operate, or any combination thereof, a
transportation facility.
2. The request must be accompanied by the following information:
(a) A topographic map indicating the location of the transportation
facility.
(b) A description of the transportation facility, including,
without limitation, the conceptual design of the transportation facility
and all proposed interconnections with other transportation facilities.
(c) The projected total cost of the transportation facility over
its life and the proposed date for the development of or the commencement
of the construction of, or improvements to, the transportation facility.
(d) A statement setting forth the method by which the person
submitting the request proposes to secure all property interests required
for the transportation facility. The statement must include, without
limitation:
(1) The names and addresses, if known, of the current owners
of any property needed for the transportation facility;
(2) The nature of the property interests to be acquired; and
(3) Any property that the person submitting the request
proposes that the Department condemn.
(e) Information relating to the current transportation plans, if
any, of any governmental entity in the jurisdiction of which any portion
of the transportation facility is located.
(f) A list of all permits and approvals required for the
development or construction of or improvement to the transportation
facility from local, state or federal agencies and a projected schedule
for obtaining those permits and approvals.
(g) A list of the facilities of any utility or existing
transportation facility that will be crossed by the transportation
facility and a statement of the plans of the person submitting the
request to accommodate such crossings.
(h) A statement setting forth the general plans of the person
submitting the request for financing and operating the transportation
facility, which must include, without limitation:
(1) A plan for the development, financing and operation of
the transportation facility, including, without limitation, an indication
of the proposed sources of money for the development and operation of the
transportation facility, the anticipated use of such money and the
anticipated schedule for the receipt of such money;
(2) A list of any assumptions made by the person about the
anticipated use of the transportation facility, including, without
limitation, the fees that will be charged for the use of the
transportation facility, and a discussion of those assumptions;
(3) The identification of any risk factors identified by the
person submitting the request that are associated with developing,
constructing or improving the transportation facility and the plan for
addressing those risk factors;
(4) The identification of any local, state or federal
resources that the person anticipates requesting for development and
operation of the transportation facility, including, without limitation,
an anticipated schedule for the receipt of those resources and the effect
of those resources on any statewide or regional program for the
improvement of transportation; and
(5) The identification and analysis of any costs or benefits
associated with the proposed facility, performed by a professional
engineer who is licensed pursuant to chapter 625 of NRS.
(i) The names and addresses of the persons who may be contacted for
further information concerning the request.
(j) Any additional material and information that the Department may
request.
(Added to NRS by 2003, 2028 )
1. If the Department receives a request regarding a transportation
facility pursuant to NRS 408.5475 and
the Department determines pursuant to the provisions of subsection 1 of
NRS 408.5483 that the transportation
facility serves a public purpose, the Department may request other
persons to submit proposals to develop, construct, improve, maintain or
operate, or any combination thereof, the transportation facility.
2. The Department shall adopt regulations establishing:
(a) The procedures for requesting other persons to submit proposals
to the Department; and
(b) The procedures for other persons to submit proposals to the
Department.
(Added to NRS by 2003, 2030 )
1. The Department may approve a request or proposal submitted
pursuant to NRS 408.5475 or 408.548
if the Department determines that the
transportation facility serves a public purpose. In determining whether
the transportation facility serves a public purpose, the Department shall
consider whether:
(a) There is a public need for the type of transportation facility
that is proposed;
(b) The proposed interconnections between the transportation
facility and existing transportation facilities and the plans of the
person submitting the request for the operation of the transportation
facility are reasonable and compatible with any statewide or regional
program for the improvement of transportation and with the transportation
plans of any other governmental entity in the jurisdiction of which any
portion of the transportation facility will be located;
(c) The estimated cost of the transportation facility is reasonable
in relation to similar transportation facilities, as determined by an
analysis of the cost performed by a professional engineer who is licensed
pursuant to chapter 625 of NRS;
(d) The plans of the person submitting the request will result in
the timely development or construction of or improvement to the
transportation facility or its more efficient operation;
(e) The plans of the person submitting the request contain any
penalties for the failure of the person submitting the request to meet
any deadline which results in the untimely development or construction of
or improvement to the transportation facility or failure to meet any
deadline for its more efficient operation; and
(f) The long-term quality of the transportation facility will meet
a level of performance established by the Department over a sufficient
duration of time to provide real value to the public.
2. In evaluating a request or proposal submitted pursuant to NRS
408.5475 or 408.548 , the Department may consider internal staff
reports prepared by personnel of the Department who are familiar with the
operation of similar transportation facilities or the advice of outside
advisors or consultants with relevant experience.
3. The Department shall request that a person who submitted a
request or proposal pursuant to NRS 408.5475 or 408.548
furnish a copy of the request or proposal to each governmental entity
that has jurisdiction over an area in which any part of the
transportation facility is located. Within 30 days after receipt of such
a request or proposal, the governmental entity shall submit in writing to
the Department, for consideration by the Department, any comments that
the governmental entity has concerning the transportation facility and
shall indicate whether the transportation facility is compatible with any
local, regional or statewide transportation plan or program that is
applicable to the governmental entity.
4. The Department shall charge a reasonable fee to cover the costs
of processing, reviewing and evaluating a request or proposal submitted
pursuant to NRS 408.5475 or 408.548
, including, without limitation,
reasonable fees for the services of an attorney or a financial or other
consultant or advisor, to be collected before the Department accepts the
request or proposal for processing, review and evaluation.
5. The approval of a request or proposal by the Department is
contingent on the person who submitted the request or proposal entering
into an agreement with the Department. In such an agreement, the
Department shall include, without limitation:
(a) Criteria that address the long-term quality of the
transportation facility.
(b) The date of termination of the authority and duties pursuant to
NRS 408.5471 or 408.549 , inclusive, of the person whose request or
proposal was approved by the Department with respect to the
transportation facility and for the dedication of the transportation
facility to the Department on that date.
(c) Provision for the imposition by the person whose request or
proposal was approved by the Department of such rates, fees or other
charges as may be established from time to time by agreement of the
parties for use of all or a portion of a transportation facility, other
than a bridge or road.
6. In connection with the approval of a transportation facility,
the Department shall establish a date for the development of or the
commencement of the construction of, or improvements to, the
transportation facility. The Department may extend the date from time to
time.
(Added to NRS by 2003, 2030 )
The Department
may contract with a person whose request or proposal is approved pursuant
to NRS 408.5483 for transportation
services to be provided by the transportation facility in exchange for
such payments for service and other consideration as the Department may
deem appropriate.
(Added to NRS by 2003, 2031 )
The Department
may take any action necessary to obtain federal, state or local
assistance for a transportation facility that it approves and may enter
into any contracts required to receive such assistance. The Department
shall make written findings of whether it serves the public purpose for
all or a portion of the costs of the transportation facility to be paid,
directly or indirectly, from the proceeds of a grant or loan made by the
local, state or Federal Government, or any agency or instrumentality
thereof.
(Added to NRS by 2003, 2031 )
INFORMATION AND ASSISTANCE FOR TRAVELERS
As used in NRS 408.551 to 408.567 ,
inclusive, “center” means a facility to provide information to members of
the traveling public, concerning accommodations, food, fuel and
recreation, through an attendant or some means of communication.
(Added to NRS by 1985, 891)
The
Director may designate appropriate locations for the construction of
centers and the erection and maintenance of directional and informational
signs within the right-of-way. The signs or centers may be erected or
constructed and maintained by:
1. The Department; or
2. A city, county or other governmental agency or private person,
under contract with the Department.
(Added to NRS by 1985, 891)
1. The Director shall adopt regulations:
(a) Governing the size, shape, lighting and other characteristics
of a sign to be erected at such a location;
(b) Authorizing the use of trademarks and symbols identifying an
individual enterprise on a sign erected at the location;
(c) Fixing the qualifications of a person or governmental agency to
operate a center and of an enterprise to be identified on a directional
or informational sign;
(d) Fixing reasonable fees to recover the actual administrative
cost incurred by the Department for:
(1) Authorizing the use of trademarks and symbols
identifying an individual enterprise on a directional or informational
sign; and
(2) Providing information concerning commercial attractions
and services.
(e) Fixing reasonable fees, based upon the market value as
determined by the Department, for:
(1) Authorizing the use of trademarks and symbols
identifying an individual enterprise on a directional or informational
sign in an urban area of a county whose population is 100,000 or more; and
(2) Providing information in an urban area of a county whose
population is 100,000 or more concerning commercial attractions and
services; and
(f) Otherwise necessary to carry out the provisions of NRS 408.551
to 408.567 , inclusive.
2. The regulations adopted by the Director pursuant to subsection
1 must be consistent with the provisions of 23 U.S.C. § 131.
(Added to NRS by 1985, 891; A 1999, 1260 )
The Department shall
develop a plan, in cooperation with the Commission on Tourism, to carry
out the provisions of NRS 408.551 to
408.567 , inclusive. The plan must take
into consideration such factors as:
1. Economic development in this state.
2. Availability of money for the purposes of NRS 408.551 to 408.567 ,
inclusive.
3. Population in a particular area.
4. Proposed highway construction.
5. Need for information.
Ê The Department and the Commission shall review the plan at least once
each year and revise it until the provisions of NRS 408.551 to 408.567 ,
inclusive, have been uniformly put into effect throughout the State.
(Added to NRS by 1985, 891)
1. The Department may establish at centers a toll-free telephone
system for members of the traveling public to make reservations at
hotels, motels, campgrounds and other places of public accommodation. The
cost of this system, reduced pursuant to subsection 2 if applicable, must
be apportioned among the hotels, motels, campgrounds and other businesses
that participate in the system.
2. If the Department uses the telephone system established
pursuant to subsection 1 as a method for members of the public to report
fires, accidents or other emergencies or to receive information
concerning the conditions for driving on certain highways, the Department
shall pay a proportionate share of the cost of the system.
(Added to NRS by 1985, 892)
The
Department may contract or enter into other agreements with governmental
agencies in this state or an adjoining state or with private persons to
study various systems of providing information to the traveling public
and to construct signs which provide that information.
(Added to NRS by 1985, 892)
1. Money received by the Department from:
(a) Fees for:
(1) Authorizing the use of trademarks and symbols
identifying an individual enterprise on a directional or informational
sign; and
(2) Providing information concerning commercial attractions
and services;
(b) Participants in a telephone system established to reserve
accommodations for travelers; and
(c) Appropriations made by the Legislature for the purposes of NRS
408.551 to 408.567 , inclusive,
Ê must be deposited with the State Treasurer for credit to the Account
for Systems of Providing Information to the Traveling Public in the State
Highway Fund, which is hereby created.
2. Money in the Account must only be used to carry out the
provisions of NRS 408.551 to 408.567
, inclusive.
(Added to NRS by 1985, 892; A 1999, 1261 )
The Department shall establish
along one or more frequently traveled highways of this state a system of
communication for members of the general public to report fires,
accidents or other emergencies and to receive information concerning the
conditions for driving on certain highways.
(Added to NRS by 1993, 2338; A 2001, 2700 )
MISCELLANEOUS PROVISIONS
1. In addition to any necessary county or city permit, a person
shall not solicit contributions while standing on the median strip of any
highway or the sidewalk adjacent to the highway within the jurisdiction
of the Department without a permit to do so issued by the Director.
2. The Director shall establish standards for the issuance of
permits to charitable organizations which allow the holders to solicit
charitable contributions for the respective organization while standing
on the median strip of any highway or the sidewalk adjacent to the
highway within the jurisdiction of the Department. The Director shall
expeditiously consider each application for such a permit. The
application must be accompanied by evidence that a county or city has
issued a permit to the organization for solicitation within its
jurisdiction during the same period requested in the application. The
Director may reasonably limit the time, place and manner of the requested
solicitation to preserve public safety.
3. The charitable organization:
(a) Shall indemnify the State of Nevada against any injury to any
person or property during the solicitation which arises from or is
incident to the act of solicitation; and
(b) Is liable for any injury to any person or property during the
solicitation which arises from the negligence of the soliciting agent.
4. As used in this section:
(a) “Charitable organization” means an organization which:
(1) The Secretary of the Treasury has determined is an
exempt organization pursuant to the provisions of section 501(c) of the
Internal Revenue Code; and
(2) Holds a current certificate of organization or is
currently qualified by the Secretary of State to do business in this
state.
(b) “Highway” means the entire width between the boundary lines of
every way maintained by a public authority when any part thereof is open
to the use of the public for purposes of vehicular traffic. The term does
not include a freeway.
(Added to NRS by 1991, 143)
