Highways and Roads Law

Nevada · Highways, Roads and Transportation Facilities · §§ 408.010 to 408.676 · 248 sections

Overview

The Highways and Roads Law governs Nevada's state transportation system, establishing the Department of Transportation and its Board of Directors and setting out their composition, offices, meetings, duties, and the appointment and term of the Director. It supplies a body of definitions — covering terms such as highways, freeways, frontage roads, rights-of-way, encroachments, conveyance systems, displaced persons, and farm operations — that frame how the rest of the act applies. It also authorizes the Department to adopt rules and a seal, enter agreements with other states, designate alternate routes for hazardous-material transport, sell or lease certain water rights, borrow from financial institutions within stated limits, and report on its performance, and it allows the Governor to direct that a state highway, road, bridge, or transportation facility be named after a deceased member of the Armed Forces.

Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.

In the courts

Sections of this act have been cited in 21 court decisions.

Most-cited authority: 99 Nev. 346 - Andolino v. State

Sections covered

NRS 408.010Short title1 cite
NRS 408.015Rules of construction1 cite
NRS 408.020Definitions
NRS 408.033“Board” defined
NRS 408.037“Business” defined
NRS 408.040“City” defined
NRS 408.042“Conveyance system” defined
NRS 408.045“Department” defined
NRS 408.046“Director” defined
NRS 408.0465“Discharge” defined
NRS 408.047“Displaced person” defined
NRS 408.050“Encroachment” defined1 cite
NRS 408.056“Family” defined
NRS 408.057“Farm operation” defined
NRS 408.058“Farmer” defined
NRS 408.059“Federal-aid highways” defined
NRS 408.060“Freeway” defined
NRS 408.065“Frontage road” defined
NRS 408.067“Grade line” defined
NRS 408.070“Highway” defined1 cite
NRS 408.077“Planning agency” defined
NRS 408.078“Public lands” defined
NRS 408.080“Rights-of-way” defined
NRS 408.090“Shall” and “may” construed
NRS 408.095“Town” defined
NRS 408.100Declaration of legislative intent1 cite
NRS 408.106Creation; Board of Directors1 cite
NRS 408.111Composition; heads of divisions
NRS 408.115Office
NRS 408.116Legal actions; process
NRS 408.118Study of operations of Department: Legislative approval required
NRS 408.119Governor authorized to direct naming of state highway, road, bridge or transportation facility after deceased member of Armed Forces of United States; duties of Director
NRS 408.121Adoption and use of seal; appointment and duties of Secretary
NRS 408.126Meetings
NRS 408.131Duties
NRS 408.133Plan for measuring performance of Department; report on level of achievement
NRS 408.141Rules; agreements with other states; designation of alternate routes for transportation of hazardous material
NRS 408.146Sale or lease of certain water rights to public utility; reconveyance
NRS 408.151Loans from financial institutions; limitations
NRS 408.160Director: Appointment; term
NRS 408.163Director: Qualifications; classification1 cite
NRS 408.170Director: Other employment prohibited; removal
NRS 408.172Chief Counsel: Appointment; assistants; duties; classification
NRS 408.175Employment of Deputy Directors and other personnel; restrictions on other employment of Deputy Directors
NRS 408.178Qualifications and classifications of Deputy Directors and Chief Engineer1 cite
NRS 408.180Oaths of Director and Deputy Directors
NRS 408.185Facsimile signatures of Director and Deputy Directors
NRS 408.190Duties of Director: General plan of highways; information, statistics and maps
NRS 408.195Duties of Director: General supervision of highways2 cites
NRS 408.200Duties of Director: Standards for construction and maintenance; telecommunications facilities within rights-of-way; cooperation with county officers1 cite
NRS 408.201Duties of Director: Policies for use of recycled materials in highways
NRS 408.203Duties of Director: Reports to Legislature
NRS 408.205Powers of Director: Execution of instruments and documents; deductions from wages of officers and employees for purchase of United States Savings Bonds or similar obligations
NRS 408.210Powers of Director: Closing and construction of highways; removal of encroachments2 cites
NRS 408.212Powers of Director: Easements for monorail or other systems of transportation
NRS 408.213Powers of Director: Designation of highway as scenic route; adoption of regulations
NRS 408.214Duties of Director: Designation of restricted highways
NRS 408.215Duties of Director: Records; index of deeds; regulations
NRS 408.220Duties of Director: Reports to Board
NRS 408.225Powers of Director: Purchase and rental of and contracts for equipment, supplies and services
NRS 408.228Highway Safety Information and Outreach Coordinator: Creation; duties; authority to provide certain grants
NRS 408.233Planning Division: Responsibilities and duties; operation of railroad or airport prohibited1 cite
NRS 408.234Motor Vehicle Recovery and Transportation Planner: Creation; duties1 cite
NRS 408.235State Highway Fund: Creation; sources; uses; payment of bills; limitations on use of bond proceeds and taxes ad valorem; limitations on use of lease fees. [Effective through June 30, 2027.]
NRS 408.240State Highway Revolving Account: Establishment; use; warrants; deposit; transfers to State Highway Fund
NRS 408.242Establishment of nonreverting account for construction, reconstruction, improvement and maintenance of public roads consisting of money transferred from Fund for Cleaning Up Discharges of Petroleum and money from other sources; semiannual allocation of balance of account
NRS 408.245Acceptance of federal acts
NRS 408.250Federal acts: State highways; contracts; pledge to match federal money
NRS 408.255Federal acts: Secondary and feeder highways; contracts; pledge to match federal money
NRS 408.260Federal lands: Construction and maintenance of highways; availability of federal money
NRS 408.265Federal money deposited in State Highway Fund
NRS 408.270Vouchers for payment; temporary transfer of money from State General Fund to State Highway Fund
NRS 408.271Department may expend money to conduct studies and match federal money for capital acquisitions
NRS 408.273Issuance of bonds
NRS 408.275Surveys, maps and studies of traffic; roadside parks; rest areas; receipt of federal money; regulations
NRS 408.280Program for work on highways: Contents; distribution
NRS 408.281Program for work on highways: Inclusion of designated projects for use of recycled products
NRS 408.283Cooperative agreements between Department of Transportation and county commissioners
NRS 408.2831Contents of agreement
NRS 408.2832Priority of improvement projects; determination of ability of county to perform
NRS 408.2833Standards for project
NRS 408.285State highways; designation of other highways and roads as state highways and state routes; route numbers; roads for state parks3 cites
NRS 408.290Procedure for establishment of new routes
NRS 408.301State Route 163 designated as Colorado River Highway; placement of markers
NRS 408.302Donald J. Laughlin Memorial Bridge: Designation; placement of markers
NRS 408.303U.S. Highway No. 6 designated as Grand Army of the Republic Highway; placement of markers
NRS 408.307Comstock Highway: Designation; placement of markers
NRS 408.309Designation of Route 94
NRS 408.313Manner of construction; use of recycled materials
NRS 408.317Supervision of work by Director; payments from State Highway Fund
NRS 408.319Report of projects for construction and maintenance: Preparation; contents; revision; public inspection
NRS 408.3195Written analysis of costs and benefits of proposed highway projects: Contents; availability to Board and public
NRS 408.321Consideration of users of roadways of all ages and abilities, bicycle lanes, various services for bicycles, motor vehicle recovery lanes and turnouts for slower vehicles
NRS 408.323Conditions for execution of work without contract; work resulting from disaster or emergency
NRS 408.327Advertisement for bids; publication
NRS 408.333Bids and bidders: Experience and financial ability; disqualification; hearing upon disqualification; appeal of decision
NRS 408.337Bids and bidders: Security; forfeiture; refunds
NRS 408.343Bids and bidders: Procedure for award of contract; regulations
NRS 408.346Monetary incentive for early completion of contract
NRS 408.347Execution of contract in name of State; copies filed with Department and county commissioners
NRS 408.353Interest of member of Board, officer or employee prohibited; exception; voidability; penalties
NRS 408.354Contract awarded to railroad company may provide under certain circumstances that railroad company is exempt from requirements concerning bonds
NRS 408.357Bids and bidders: Bonds required of successful bidders; exception; conditions; sureties
NRS 408.363Claims against contractor’s bond; action against surety
NRS 408.367Project not exceeding $250,000: Solicitation and rejection of bids; quarterly reports; public records; bonds
NRS 408.373Contractor: Compliance with state laws concerning workers’ compensation and unemployment compensation; compliance with other laws
NRS 408.377Subcontractor: Approval; compliance with laws
NRS 408.379Subcontractor: State business license required
NRS 408.383Contractor: Partial payments; percentage retained; substitution of certain obligations for retained payments; period for dispersal of money by contractor to subcontractors; rate of interest on delinquent dispersal; procedure for resolution of dispute over dispersal
NRS 408.387Contract: Publication of notice of final acceptance; final settlement
NRS 408.3875Definitions
NRS 408.3876“Design-build contract” defined
NRS 408.3877“Design-build team” defined
NRS 408.3878“Prime contractor” defined
NRS 408.3879“Project” defined
NRS 408.388Projects for which Department may contract with design-build team
NRS 408.3881Public meeting; notice
NRS 408.3882Procedure for selecting design-build team
NRS 408.3883Request for preliminary proposals: Advertisement by Department; publication; information available for inspection by design-build teams
NRS 408.3884Qualifications of design-build team
NRS 408.3885Procedure for selecting finalists from among design-build teams that submitted preliminary proposals
NRS 408.3886Requests for final proposals and best and final offers: Selection or rejection of proposal or offer; contents of contract between Department and design-build team; applicability of prevailing wage requirements to projects; duties of design-build team
NRS 408.3887Employment of architect or engineer as consultant during construction
NRS 408.3888Certain submittals confidential until notice of intent to award contract is issued
NRS 408.389Approval of Board of Directors required for purchase of certain equipment; analysis of costs and benefits of purchase and alternatives
NRS 408.393Enforcement of laws concerning labor; charges for transportation and meals; penalty; exception
NRS 408.397Procedure for diversion or change of route of highway
NRS 408.403Freeways
NRS 408.407Reimbursement of utility by State for relocation of facility located on or near certain highways
NRS 408.413Improvement of state highway Route No. 81
NRS 408.417Guideposts, signs and markers: Erection; metric units; penalty for destruction; liability for costs of repair and replacement
NRS 408.423Permit required to excavate state highway; exception; fee1 cite
NRS 408.427Unauthorized crossing, removal or destruction of control-of-access fence or barrier on highway: Injunction; recovery of expenses of restoration
NRS 408.429Clean-up of encampment of homeless persons in right-of-way
NRS 408.433Roadside parks and rest areas: Unlawful acts; penalties
NRS 408.437Permit to use law enforcement vehicle; limitations
NRS 408.441Discharge of pollutant upon highway or right-of-way prohibited in certain circumstances; abatement, removal or remediation required upon receipt of compliance order; remedies available to Department
NRS 408.442Entry and inspection of premises
NRS 408.444Violations: Remedies; exception
NRS 408.446Violations: Director authorized to issue order for compliance; exception
NRS 408.448Violations: Injunctive relief; exception
NRS 408.449Violations: Civil penalty; exceptions
NRS 408.451Director to conduct independent investigation before determining whether to take certain corrective actions; exception
NRS 408.487Acquisition of property: Purposes
NRS 408.489Acquisition of property: Manner; costs
NRS 408.493Acquisition of property: Survey and location of right-of-way; judicial order permitting entry for examination and appraisal
NRS 408.497Construction, alteration or improvement of highway: Claim for damage to land or interests; proceeding in inverse condemnation
NRS 408.503Eminent domain: Resolution by Board; precedence over other legal actions
NRS 408.507Lease or rental of property
NRS 408.513Acquisition of property by towns and cities; costs; transfer of interest to State
NRS 408.517Acquisition of property by counties; costs; transfer of interest to State
NRS 408.523Summary vacation and abandonment of portion of state highway superseded by relocation or in excess of needs; resolution of Board; recordation2 cites
NRS 408.527Procedure for relinquishment of roadways; regulations
NRS 408.533Disposal of property
NRS 408.537State consent to close public road on public land: Application; notice; duties of planning agencies
NRS 408.543State consent to close public road on public land: Duties of Department
NRS 408.547State consent to close public road on public land: Determination by Board; approval by inaction; certificate of consent
NRS 408.5471“Transportation facility” defined
NRS 408.5473Authority of Department to authorize transportation facilities
NRS 408.5475Submission of request to Department; contents of request
NRS 408.548Authority of Department to request submission of proposals; regulations
NRS 408.5483Approval of request or proposal: Determination of public purpose; staff reports; copy of request or proposal to be furnished to affected governmental entities; fee; approval contingent on entering agreement with Department; establishment of date for development of or commencement of construction of transportation facility
NRS 408.5484Certain submittals confidential until notice of intent to award contract is issued
NRS 408.5485Contract for transportation services
NRS 408.549Federal, state or local assistance
NRS 408.5501Definitions
NRS 408.55011“Council” defined
NRS 408.55012“Longitudinal access” defined
NRS 408.55013“Permit” defined
NRS 408.55014“Right-of-way” defined
NRS 408.55015“Statewide telecommunications purposes” defined
NRS 408.55016“Telecommunications facility” defined
NRS 408.55017“Telecommunications provider” defined
NRS 408.55018“Utility facility” defined
NRS 408.55019“Wireless access” defined
NRS 408.5502Agreement required for longitudinal or wireless access to right-of-way by telecommunications provider; requirements for agreement; compensation required; types of compensation allowed
NRS 408.55021Longitudinal or wireless access not granted where safety, efficiency or convenience of use by traveling public compromised
NRS 408.55022Costs of trenching and trench sharing to be proportionate and shared fairly among parties to agreement
NRS 408.55023Monetary compensation must be deposited in State Highway Fund; in-kind compensation must be fairly valued by Department and used for statewide telecommunications purposes
NRS 408.55024Department may offer use of and access to spare conduit and related facilities to telecommunications provider: Requirements; compensation rates; duties of Department
NRS 408.55025In-kind compensation: Types; valuation by Department
NRS 408.55026Two or more telecommunications providers: Agreements must require shared obligation for compensation; joint and several liability; Department authorized to audit and review relevant records
NRS 408.55027Existing policies and procedures relating to utilities in rights-of-way not altered; factors Department may consider to determine insurance requirements; authority of Department to determine or dictate placement of telecommunications facilities; compliance with certain federal laws required
NRS 408.55028Telecommunications Advisory Council: Creation; members; meetings; compensation; duties
NRS 408.55029Regulations
NRS 408.55048Definitions
NRS 408.55049“Bank” defined
NRS 408.55051“Board of Directors” defined
NRS 408.550515“Digital infrastructure” defined
NRS 408.55052“Eligible costs” defined
NRS 408.55053“Eligible project” defined
NRS 408.55054“Executive Director” defined
NRS 408.55055“Federal accounts” defined
NRS 408.55056“Financing agreement” defined
NRS 408.55057“Governmental unit” defined
NRS 408.55058“Loan” defined
NRS 408.55059“Loan obligation” defined
NRS 408.55061“Other financial assistance” defined
NRS 408.550615“Other infrastructure related to economic development” defined
NRS 408.55062“Project revenue” defined
NRS 408.55063“Qualified borrower” defined
NRS 408.55064“Qualified project” defined
NRS 408.550643“Recycling and sustainability infrastructure” defined
NRS 408.550645“Renewable energy infrastructure” defined
NRS 408.550647“Social infrastructure” defined
NRS 408.55065“State and local accounts” defined
NRS 408.55066“Transportation facility” defined
NRS 408.55067“Utility” defined
NRS 408.55068“Utility infrastructure” defined
NRS 408.550685“Water and wastewater infrastructure” defined
NRS 408.55069Nevada State Infrastructure Bank: Creation; purpose; Board of Directors; meetings; quorum; compensation of members
NRS 408.55071Board of Directors: Powers; duties; limitations on conduct of Bank
NRS 408.55072Executive Director: Appointed by Governor; duties; powers; compensation
NRS 408.55073Nevada State Infrastructure Bank Fund: Creation; administration by Board of Directors; establishment of accounts; acceptable deposits; compliance with federal laws; requirements for investment of earnings; authorized uses for money in Fund
NRS 408.55074Loans: Application required; Executive Director to review applications; required terms of loans; Bank to determine form and content of applications, financing agreements and loan obligations; federal requirements
NRS 408.55075Qualified borrower: Required entry into financing agreement to obtain loan or other financial assistance; authorized uses of loan proceeds
NRS 408.55076Bank may provide insurance or reinsurance of loans; duties; requirements
NRS 408.55077Permissible forms of security for issuance of revenue bonds by Bank
NRS 408.55078Obligation to third person by Bank: Limitations; requirements
NRS 408.55079Failure of qualified borrower to remit full amount due: Notice; withholding of money allotted or appropriated to borrower; exceptions
NRS 408.55081Immunity from civil liability for certain persons
NRS 408.55082Bank not required to provide notice or hearing before performing certain acts
NRS 408.55083Bank exempt from taxation
NRS 408.55084Bonds and other securities issued by Bank exempt from taxation
NRS 408.55085Qualified borrower retains right to issue bonds
NRS 408.55086Relation to other law
NRS 408.55087Required reports
NRS 408.55088Governmental units authorized to provide technical advice, support and assistance to Bank
NRS 408.551“Center” defined
NRS 408.553Designation of locations for signs and centers
NRS 408.557Regulations
NRS 408.559Development and review of plan
NRS 408.561Toll-free telephone system for public accommodations; apportionment of costs
NRS 408.562Director’s recommendations for programs: Approval by Board; funding
NRS 408.563Agreements with governmental agencies or others
NRS 408.567Account for Systems of Providing Information to the Traveling Public: Creation; sources; use
NRS 408.569System of communication to report emergencies and to obtain information concerning conditions for driving authorized along certain frequently traveled highways
NRS 408.571Educational program: Duty of Department to develop; content
NRS 408.573Nevada Bicycle and Pedestrian Advisory Board: Creation; appointment, terms and compensation of members
NRS 408.577Nevada Bicycle and Pedestrian Safety Advisory Board: Duties; gifts, grants and donations; Department to provide secretarial services
NRS 408.581Creation; members; terms; vacancies; Chair and Vice Chair; meetings; quorum; compensation; administrative support; powers and duties
NRS 408.601Permits to solicit charitable contributions while standing on median strip of highway or sidewalk adjacent to highway
NRS 408.651“Wildlife” defined
NRS 408.656Creation; deposits; use; administration
NRS 408.661Inventory of connectivity needs; publication of inventory and list of certain transportation projects
NRS 408.666Standards and specifications for incorporation of wildlife crossings and related features into highway design and construction
NRS 408.671Consultation with grazing permit holders and certain landowners
NRS 408.676Regulations

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