2005 Nevada Revised Statutes - Chapter 405 — Control and Preservation of Public Highways

CHAPTER 405 - CONTROL AND PRESERVATION OFPUBLIC HIGHWAYS

LIMITS ON LOAD AND WEIGHT

NRS 405.010 Limitingmaximum load upon or closing road damaged by heavy loads; procedure; penalties.

BILLBOARDS, SIGNS AND ADVERTISING

NRS 405.020 Billboard,sign or other outdoor advertising as public nuisance.

NRS 405.030 Unlawfulplacement of certain outdoor advertisements; exceptions; restriction on use ofrevenue from certain lawfully placed advertisements.

NRS 405.040 Permitfor erection or use of outdoor advertisement; fee; exceptions.

NRS 405.050 Nopermit to be granted if natural beauty of scenery destroyed or view of highwayobstructed; removal of sign as traffic hazard.

NRS 405.060 Assignmentof number for permit.

NRS 405.070 Durationof permit; destruction of advertisement if permit not renewed.

NRS 405.080 Apportionmentof fees to road funds of county.

NRS 405.090 Reportof violation.

NRS 405.100 Penalty.

NRS 405.110 Unlawfuladvertising on or near highway or on bridge; exceptions; removal; penalty;liability; restriction on use of revenue from certain lawfully placedadvertisements.

PROTECTION OF HIGHWAYS FROM DAMAGE BY WATER

NRS 405.120 Installationof bridge or culvert if water conducted across highway; construction and repairperformed according to specifications of county commissioners.

NRS 405.130 Noticeof violation by chairman of county commissioners; repair by county if violatorfails or refuses to repair.

NRS 405.140 Recoveryof expenses from violator by civil action.

NRS 405.150 Districtattorney to commence action for recovery of expenses.

NRS 405.160 Dispositionof money collected by civil action.

NRS 405.170 Penaltyfor failure to construct bridge or culvert.

NRS 405.180 Penaltyfor willfully or negligently allowing water to flow on highway; failure to actupon notice prima facie evidence of negligence.

MAINTENANCE AND USE OF PUBLIC ROADS

NRS 405.191 Publicroad defined; county roads and highways may be established on rights-of-wayover certain public lands.

NRS 405.193 Publicagency not required to maintain or accept road made public by prescriptive use;immunity of county from liability arising from use of certain public roads.

NRS 405.195 Petitionto open, reopen, close, relocate or abandon road; hearings and orders by boardof county commissioners regarding petition; legal actions authorized.

ACCESSORY ROADS

NRS 405.201 Definitions.

NRS 405.202 Useand maintenance; fee prohibited; immunity of state and local governments fromliability arising from use.

NRS 405.203 Closureor restriction of use.

NRS 405.204 Legislativefindings and declaration; action by Attorney General authorized.

MISCELLANEOUS PROVISIONS

NRS 405.205 Erectionand maintenance of power lines by rural electric cooperative.

NRS 405.210 Damageto public or private road, bridge or guidepost unlawful; penalty.

NRS 405.230 Penaltyfor obstruction or damage to highway; abatement of nuisance; removal of certainobstacles or encroachments.

NRS 405.240 Repairof damage to highway from driving livestock.

NRS 405.250 Constructionand maintenance of sidewalks; penalty for riding or driving on sidewalk.

NRS 405.270 Standardsof safety for electronic gates that provide access for vehicular traffic.

_________

LIMITS ON LOAD AND WEIGHT

NRS 405.010 Limitingmaximum load upon or closing road damaged by heavy loads; procedure; penalties.

1. Whenever, by reason of excessive moisture or a lackof moisture, a section of public road or highway under the supervision of aboard of county highway commissioners or board of county commissioners isdamaged by heavy loads, the board of county highway commissioners or board ofcounty commissioners having supervision over the section of public road orhighway may:

(a) Close the section of public road or highway to suchextent and for such time as may be necessary.

(b) Fix the maximum load which may pass over thesection of public road or highway.

2. Notices of the closing of any section of publicroad or highway or limiting of the maximum load which may pass over the sectionof public road or highway under the provisions of this section must be given byplacing a notice at each end of the section of road or highway to be protected,after the board of county highway commissioners or board of countycommissioners has passed a resolution to that effect, which resolution mustappear upon the minutes of the board of county highway commissioners or boardof county commissioners. The notice must state that the section of road isclosed to traffic or state the maximum load which may be drawn or carried overthe section of road or highway.

3. Unless a greater penalty is provided in NRS 202.287, a person who defaces,destroys, shoots or removes any sign or notice so erected or placed is guiltyof a misdemeanor.

4. Any person who passes over a section of road soclosed, or who carries over the section of road any load in excess of theweight stated in the resolution of the board of county highway commissioners orboard of county commissioners and as stated in the notice, shall be punished bya fine of not more than $1,000, and is liable for any damage that may be doneto any section of public road or highway as the result of the unlawful passage.If a fine is imposed pursuant to this section, the costs of the proceeding,including investigative costs and attorneys fees, may be recovered by theboard.

[1:184:1925; A 1933, 118; 1931 NCL 5439] +[2:184:1925; A 1933, 118; 1931 NCL 5440](NRS A 1957, 518; 1967, 569; 1989,1242; 1993, 897)

BILLBOARDS, SIGNS AND ADVERTISING

NRS 405.020 Billboard,sign or other outdoor advertising as public nuisance. Anybillboard, sign, placard, notice or other form of outdoor advertisementerected, placed, painted, posted or maintained otherwise than is provided in NRS 405.020 to 405.100, inclusive, or in NRS 408.275 shall be deemed a publicnuisance and shall be removed, effaced or destroyed by the sheriff and otherpeace officers having authority wherever such nuisance may be located.

[1:90:1925; NCL 260](NRS A 1969, 223)

NRS 405.030 Unlawfulplacement of certain outdoor advertisements; exceptions; restriction on use ofrevenue from certain lawfully placed advertisements.

1. Except as otherwise provided in subsection 3 andexcept within the limits of any city or town through which the highway may run,and on benches and shelters for passengers of public mass transportation builtpursuant to a franchise granted pursuant to NRS244.187 and 244.188, 268.081 and 268.083, 269.128and 269.129, or 373.1183, or on monorail stations, it isunlawful for any person, firm or corporation to paste, paint, print or in anymanner whatever place or attach to any building, fence, gate, bridge, rock,tree, board, structure or anything whatever, any written, printed, painted orother outdoor advertisement, bill, notice, sign, picture, card or poster:

(a) Within any right-of-way of any state highway orroad which is owned or controlled by the Department of Transportation.

(b) Within 20 feet of the main-traveled way of anyunimproved highway.

(c) On the property of another within view of any suchhighway, without the owners written consent.

2. Nothing in this section prevents the posting ormaintaining of any notices required by law to be posted or maintained, or theplacing or maintaining of highway signs giving directions and distances for theinformation of the traveling public if the signs are approved by the Departmentof Transportation.

3. A tenant of a mobile home park may exhibit apolitical sign within a right-of-way of a state highway or road which is ownedor controlled by the Department of Transportation if the tenant exhibits thesign within the boundary of his lot and in accordance with the requirements andlimitations set forth in NRS 118B.145.As used in this subsection, the term political sign has the meaning ascribedto it in NRS 118B.145.

4. If a franchisee receives revenues from anadvertisement, bill, notice, sign, picture, card or poster authorized bysubsection 1 and the franchisee is obligated to repay a bond issued by theState of Nevada, the franchisee shall use all revenue generated by theadvertisement, bill, notice, sign, picture, card or poster authorized bysubsection 1 to meet its obligations to the State of Nevada as set forth in thefinancing agreement and bond indenture, including, without limitation, thepayment of operations and maintenance obligations, the funding of reserves andthe payment of debt service. To the extent that any surplus revenue remainsafter the payment of all such obligations, the surplus revenue must be usedsolely to repay the bond until the bond is repaid.

5. As used in this section, monorail station means:

(a) A structure for the loading and unloading ofpassengers from a monorail for which a franchise has been granted pursuant to NRS 705.695 or an agreement has beenentered into pursuant to NRS 705.695;and

(b) Any facilities or appurtenances within such astructure.

[2:90:1925; NCL 261](NRS A 1957, 306; 1979, 1799;1989, 995; 1999, 2047;2001, 846; 2003, 3247; 2005, 2321)

NRS 405.040 Permitfor erection or use of outdoor advertisement; fee; exceptions.

1. It shall be unlawful for any person, firm,association or corporation, personally or by agent, to erect, place or maintainany billboard, sign or any form of notice or advertising outside the citylimits of any city or town:

(a) On the public domain;

(b) On land owned or leased by such advertiser or agentbut not used as the site for manufacturing the goods or articles advertised; or

(c) On the lands of another except where, by painting,an area of the barns or other outbuildings thereon may be preserved (for thepurposes of this paragraph area is defined as the entire wall or roof aspecton which an advertisement may be painted),

withoutfirst having secured from the county building official, if one has beenappointed pursuant to NRS 278.570, or ifnot, from the county clerk of the county in which the sign may be located apermit to erect, or continue the use of, such sign, billboard or other form ofnotice or advertisement.

2. No permit for the erection of such sign, billboardor other form of advertisement shall be issued unless and until the applicantshall have paid a fee in the sum of $5. On the tender of the fee the countybuilding official or county clerk shall issue the permit.

3. No fee shall be required for any billboard, sign oradvertisement erected or placed by any farm bureau, chamber of commerce orlawful authority to advertise exclusively any city, town or geographic area, orpublic event.

4. This section shall not apply to the owner oroccupant of any land outside the limits of any city, who may place or erect onthe land or on the outbuildings thereon any sign or notice or advertisementintended to benefit the land or improvements thereon and advertise the businessconducted in the buildings on the land.

[3:90:1925; NCL 262](NRS A 1971, 316; 2001, 1250)

NRS 405.050 Nopermit to be granted if natural beauty of scenery destroyed or view of highwayobstructed; removal of sign as traffic hazard.

1. No permit may be granted for the erection of anybillboard, sign or other form of notice on any location which may measurablydestroy the natural beauty of the scenery or obscure a view of the road aheador of curves and grades or intersecting highways or railways.

2. If the Director of the Department of Transportationfiles a complaint with the board of county commissioners of any county showingthat any sign erected is a hazard to traffic, the board of county commissionersshall order the removal of the sign.

[4:90:1925; NCL 264](NRS A 1979, 1799)

NRS 405.060 Assignmentof number for permit. On granting a permit,the county building official or county clerk shall assign a permit number whichshall be painted or printed, together with the name of the county in which thepermit is issued, on every sign, billboard or other form of advertising, as thecase may be, placed under NRS 405.020 to405.100, inclusive.

[Part 5:90:1925; NCL 265](NRS A 1971, 316; 2001, 1251)

NRS 405.070 Durationof permit; destruction of advertisement if permit not renewed.

1. The permit shall run to the end of the calendaryear for which it is issued.

2. If the permit shall not be renewed, by applicationof the person or assignee of the person who applied originally for the permitto erect the sign, by February 1 of each year following, the board of countycommissioners shall order the tearing down, removal or effacement of such signor billboard, as the case may be.

[Part 5:90:1925; NCL 265]

NRS 405.080 Apportionmentof fees to road funds of county. The moneycollected for the permits provided for in NRS405.020 to 405.100, inclusive, shallbe apportioned by the board of county commissioners to the road funds of thecounty.

[6:90:1925; NCL 266]

NRS 405.090 Reportof violation. All patrolmen and maintenanceand construction employees of the Department of Transportation shall report anyviolation of NRS 405.020 to 405.100, inclusive, to the board of countycommissioners wherein any violation may occur.

[7:90:1925; NCL 267](NRS A 1979, 1799)

NRS 405.100 Penalty. Any person, firm, association or corporation who shallerect or maintain any billboard, sign, placard, poster or other form of advertisingin violation of any of the provisions of NRS405.020 to 405.100, inclusive, shallbe guilty of a misdemeanor.

[8:90:1925; NCL 268](NRS A 1967, 570)

NRS 405.110 Unlawfuladvertising on or near highway or on bridge; exceptions; removal; penalty;liability; restriction on use of revenue from certain lawfully placedadvertisements.

1. Except on benches and shelters for passengers ofpublic mass transportation for which a franchise has been granted pursuant to NRS 244.187 and 244.188, 268.081and 268.083, 269.128 and 269.129, or 373.1183, or on monorail stations, noadvertising signs, signboards, boards or other materials containing advertisingmatter may:

(a) Except as otherwise provided in subsection 3, beplaced upon or over any state highway.

(b) Except as otherwise provided in subsections 3 and4, be placed within the highway right-of-way.

(c) Except as otherwise provided in subsection 3, beplaced upon any bridge or other structure thereon.

(d) Be so situated with respect to any public highwayas to obstruct clear vision of an intersecting highway or highways or otherwiseso situated as to constitute a hazard upon or prevent the safe use of the statehighway.

2. With the permission of the Department ofTransportation, counties, towns or cities of this State may place at suchpoints as are designated by the Director of the Department of Transportationsuitable signboards advertising the counties, towns or municipalities.

3. A person may place an advertising sign, signboard,board or other material containing advertising matter in any airspace above ahighway if:

(a) The Department of Transportation has leased theairspace to the person pursuant to subsection 2 of NRS 408.507, the airspace is over aninterstate highway and:

(1) The purpose of the sign, signboard, board orother material is to identify a commercial establishment that is entirelylocated within the airspace, services rendered, or goods produced or sold uponthe commercial establishment or that the facility or property that is locatedwithin the airspace is for sale or lease; and

(2) The size, location and design of the sign,signboard, board or other material and the quantity of signs, signboards,boards or other materials have been approved by the Department ofTransportation; or

(b) The person owns real property adjacent to aninterstate highway and:

(1) The person has dedicated to a publicauthority a fee or perpetual easement interest in at least 1 acre of theproperty for the construction or maintenance, or both, of the highway overwhich he is placing the sign, signboard, board or other material and the personretained the air rights in the airspace above the property for which the personhas dedicated the interest;

(2) The sign, signboard, board or other materialis located in the airspace for which the person retained the air rights;

(3) The structure that supports the sign,signboard, board or other material is not located on the property for which theperson dedicated the fee or easement interest to the public authority, and thepublic authority determines that the location of the structure does not createa traffic hazard; and

(4) The purpose of the sign, signboard, board orother material is to identify an establishment or activity that is located onthe real property adjacent to the interstate highway, or services rendered orgoods provided or sold on that property.

4. A tenant of a mobile home park may exhibit apolitical sign within a right-of-way of a state highway or road which is ownedor controlled by the Department of Transportation if the tenant exhibits thesign within the boundary of his lot and in accordance with the requirements andlimitations set forth in NRS 118B.145.As used in this subsection, the term political sign has the meaning ascribedto it in NRS 118B.145.

5. If any such sign is placed in violation of thissection, it is thereby declared a public nuisance and may be removed forthwithby the Department of Transportation or the public authority.

6. Any person placing any such sign in violation ofthe provisions of this section shall be punished by a fine of not more than$250, and is also liable in damages for any injury or injuries incurred or forinjury to or loss of property sustained by any person by reason of theviolation.

7. If a franchisee receives revenues from anadvertising sign, signboard, board or other material containing advertisingmatter authorized by subsection 1 and the franchisee is obligated to repay abond issued by the State of Nevada, the franchisee shall use all revenuegenerated by the advertising sign, signboard, board or other materialcontaining advertising matter authorized by subsection 1 to meet its obligationsto the State of Nevada as set forth in the financing agreement and bond indenture,including, without limitation, the payment of operations and maintenanceobligations, the funding of reserves and the payment of debt service. To theextent that any surplus revenue remains after the payment of all suchobligations, the surplus revenue must be used solely to repay the bond untilthe bond is repaid.

8. As used in this section, monorail station means:

(a) A structure for the loading and unloading ofpassengers from a monorail for which a franchise has been granted pursuant to NRS 705.695 or an agreement has beenentered into pursuant to NRS 705.695;and

(b) Any facilities or appurtenances within such astructure.

[25:169:1917; A 1935, 68; 1931 NCL 5348](NRS A1967, 570; 1979, 1469, 1800; 1989, 996; 1999, 1259, 2047; 2001, 847; 2003, 3248; 2005, 2321)

PROTECTION OF HIGHWAYS FROM DAMAGE BY WATER

NRS 405.120 Installationof bridge or culvert if water conducted across highway; construction and repairperformed according to specifications of county commissioners.

1. All persons, associations, firms or corporationsconducting water across any public road or highway in this state, or across anystreet or alley in any unincorporated town of this state, for domestic, mining,agricultural or manufacturing purposes, are required to construct, repair andmaintain, at their own expense, good and substantial culverts or bridges, asthe case may be, over such crossings, and shall in no case allow any stream ofwater, diverted from its natural channel, to flood or wash any public road, orany street or alley in any unincorporated town of this state.

2. The construction and repairing of such bridge orculvert shall be performed according to a standard plan and specifications tobe prescribed by the board of county commissioners of the county wherein thecrossing is situated, and the work of construction or repairing shall beapproved by the board.

[1:64:1885; BH 459; C 443; RL 3022; NCL 5434]+ [1:214:1913; 1919 RL p. 2906; NCL 5428]

NRS 405.130 Noticeof violation by chairman of county commissioners; repair by county if violatorfails or refuses to repair.

1. The chairman of the board of county commissionersshall notify at once the person or persons violating the provisions of NRS 405.120 to 405.160, inclusive, to make suchconstruction or repair as may be necessary.

2. If such person or persons, firm, association orcorporation shall refuse or neglect to make the same for a period of 5 daysafter receiving such notice, then the chairman of the board of countycommissioners shall:

(a) Immediately cause the necessary construction orrepairing to be made according to the standard plan and specifications.

(b) Submit in duplicate to the board of countycommissioners and the district attorney itemized bills for the expense soincurred.

3. The bills shall be allowed and paid as other billsagainst the road fund of the district in which the construction or repairing ismade. If there is no money in the road fund, then the bills shall be allowedand paid out of any moneys in the county general fund not otherwiseappropriated.

[2:64:1885; BH 460; C 444; RL 3023; NCL 5436]+ [2:214:1913; 1919 RL p. 2906; NCL 5429]

NRS 405.140 Recoveryof expenses from violator by civil action. Anyperson, association, firm or corporation owning, leasing, operating orcontrolling any flume, ditch, canal or any aqueduct conducting water across anypublic road or highway in this state, or across any street or alley in anyunincorporated town in this state, for domestic, mining, agricultural ormanufacturing purposes, shall be liable for the amount of the expenses incurredby the chairman of the board of county commissioners in the construction orrepairing of the bridge or culvert, to be recovered by a civil action.

[3:214:1913; 1919 RL p. 2907; NCL 5430]

NRS 405.150 Districtattorney to commence action for recovery of expenses. Uponreceiving the bill of expense as provided in NRS405.130, the district attorney shall immediately commence an action in anycourt of competent jurisdiction for the recovery of such an amount as is setforth in the itemized bill of expense together with the costs of the suit.

[3:64:1885; BH 461; C 445; RL 3024; NCL 5437]+ [4:214:1913; 1919 RL p. 2907; NCL 5431]

NRS 405.160 Dispositionof money collected by civil action. Afterpaying the costs of suit, all moneys collected shall be returned and paid intothe fund from which the original bill of expense named in NRS 405.130 shall have been allowed andpaid by the board of county commissioners.

[4:64:1885; BH 462; C 446; RL 3025; NCL 5438]+ [5:214:1913; 1919 RL p. 2907; NCL 5432]

NRS 405.170 Penaltyfor failure to construct bridge or culvert.

1. All persons, corporations or associationsconducting water across any public road or highway, or across any street oralley in any unincorporated town in this state, for domestic, mining,agricultural or manufacturing purposes shall construct, at their own expense,good and substantial culverts or bridges over such crossing, and shall in nocase allow any stream of water, diverted from its natural channel for suchpurposes by them, to flood or wash any public road or any street or alley inany unincorporated town of this state.

2. Any person, corporation or association violatingany of the provisions of subsection 1 shall be punished by a fine of not morethan $500.

[1:78:1911; A 1915, 373; 1919 RL 3045; NCL 5426]+ [2:78:1911; A 1915, 373; 1919 RL 3046; NCL 5427](NRS A 1967, 570)

NRS 405.180 Penaltyfor willfully or negligently allowing water to flow on highway; failure to actupon notice prima facie evidence of negligence.

1. If any person or persons being the owner or owners,superintendent or managing agent of any water ditch, flume or artificialwatercourse within this state, or other person or corporation, shall willfully,maliciously, negligently or carelessly allow or let the water from the ditch,flume or artificial watercourse run or flow into or upon any public road,highway or common street or alley of any city or town within this state, so asto make such public road, highway, street or alley impassable or inconvenientto travel, or so as to injure the same, every person so offending shall bepunished by a fine of not more than $500.

2. Whenever the water from any ditch, flume orartificial watercourse in this state shall run or flow into or upon any publicroad, highway, street or alley of any city or town of this state, and the roadsupervisor within whose road district such public road, highway, street oralley is situated, if there be one, or if there is no road supervisor, then anymember of the board of county commissioners of the county within which suchpublic road, highway, street or alley is situated, shall notify the owner orowners, superintendent or managing agent of such ditch, flume or artificialwatercourse, that the water from the same is or has been flowing into or uponthe public road, highway, street or alley, making the same impassable orinconvenient to travel or pass, or is injuring or has injured the same, and ifthe owner or owners, or superintendent or managing agent of the ditch, flume orartificial watercourse refuse or neglect for 5 days to repair the same andprevent the water from flowing into or upon the public road, highway, street oralley, it shall be prima facie evidence of negligence.

[1911 C&P 505; RL 6770; NCL 10452] + [1911C&P 506; RL 6771; NCL 10453](NRS A 1967, 570)

MAINTENANCE AND USE OF PUBLIC ROADS

NRS 405.191 Publicroad defined; county roads and highways may be established on rights-of-wayover certain public lands. As used in NRS 405.193 and 405.195, public road includes:

1. A United States highway, a state highway or a main,general or minor county road and any other way laid out or maintained by anygovernmental agency.

2. Any way which exists upon a right-of-way granted byCongress over public lands of the United States not reserved for public uses inchapter 262, section 8, 14 Statutes 253 (former 43 U.S.C. 932, commonlyreferred to as R.S. 2477), and accepted by general public use and enjoymentbefore, on or after July 1, 1979. Each board of county commissioners may locateand determine the width of such rights-of-way and locate, open for public useand establish thereon county roads or highways, but public use alone has beenand is sufficient to evidence an acceptance of the grant of a public userright-of-way pursuant to former 43 U.S.C. 932.

3. Any way which is shown upon any plat, subdivision,addition, parcel map or record of survey of any county, city, town or portionthereof duly recorded or filed in the office of the county recorder, and whichis not specifically therein designated as a private road or a nonpublic road,and any way which is described in a duly recorded conveyance as a public roador is reserved thereby for public road purposes or which is described by wordsof similar import.

(Added to NRS by 1979, 1174; A 1981, 923; 1993, 1427;1997, 1615)

NRS 405.193 Publicagency not required to maintain or accept road made public by prescriptive use;immunity of county from liability arising from use of certain public roads.

1. No public agency is required to maintain any publicroad which is so designated only because it meets the requirements set forth insubsection 1 or 2 of NRS 405.191 nor isany public agency required to accept any public road as a main, general orminor county road.

2. No action may be brought against the county, itsofficers or employees for damage suffered by a person solely as a result of theunmaintained condition of a road made public pursuant to NRS 405.195.

(Added to NRS by 1979, 1174; A 1993, 1428)

NRS 405.195 Petitionto open, reopen, close, relocate or abandon road; hearings and orders by boardof county commissioners regarding petition; legal actions authorized.

1. Five or more residents of this state may petitionany board of county commissioners to open, reopen, close, relocate or abandon apublic road within the county. The petition must be accompanied by proof of thepetitioners residency and adequate maps and documentation to justify a hearingon the petition. Upon receipt of such a petition and the requireddocumentation, the board of county commissioners shall set a date to conduct apublic hearing on the petition. The date selected must not be earlier than 30days, nor later than 45 days, after the petition is submitted. In addition toany other notice required by law or ordinance, the board shall cause notice ofthe time, date and location of the hearing to be published at least once eachweek for 2 successive weeks in a newspaper of general circulation in thecounty.

2. Upon conclusion of the public hearing, the boardshall determine whether the road in question has acquired the status of apublic road because:

(a) Construction of the improvement occurred while theland was unappropriated, unreserved public land;

(b) The improvement was constructed by mechanical meanswhich made the physical change to the natural area necessary for the customaryor usual passage of traffic; and

(c) The right-of-way was:

(1) Accepted by the state or local governmentfor dedication as a road for public use and thereafter the road was used by thepublic at large; or

(2) Accepted by use as access to a mining claimor other privately owned property.

3. If the board concludes that the road is a publicroad, the board may order the public road to be opened, reopened, closed,relocated or abandoned, for all or part of the year. The boards decision mustbe based on specific findings, including, but not limited to:

(a) The resulting benefit to the general public;

(b) Whether any significant impairment of theenvironment or natural resources will result; and

(c) Whether the decision will result in a significantreduction in the value of public or private property.

The order ofthe board must be reduced to writing, including a statement of any actionswhich must be taken to effectuate the decision and the person to whom each suchaction has been assigned. If possible, the order must be signed by any personwho has agreed to take a specific action to effectuate the boards decision.The lack of such a signature does not invalidate the order.

4. If the order of the board is to close or abandon apublic road, the board shall, upon the petition of five or more residents ofthe State, designate and provide an alternate route serving the same area. Theclosure or abandonment of a public road by the board does not prohibit orrestrict the use of that road by a governmental agency or a public utilityregulated by the Public Utilities Commission of Nevada for the maintenance,construction or operation of a facility of the agency or utility.

5. Any person or governmental agency may bring andmaintain an action in the district court of the county in which the public roadlies to prevent any person, including a public agency, from violating an orderissued pursuant to subsection 3.

6. The Attorney General may bring and maintain anaction in any court or before any federal agency if an agency orinstrumentality of the Federal Government denies the use of a public roadlocated on public land in this state.

7. Nothing in this section affects the right of theDepartment of Transportation to regulate freeways or highways in this state.

(Added to NRS by 1979, 1174; A 1981, 923; 1993, 1428;1997, 1993)

ACCESSORY ROADS

NRS 405.201 Definitions. As used in NRS 405.201to 405.204, inclusive, unless thecontext otherwise requires:

1. Accessory road means any way established overpublic lands between 1866 and 1976 pursuant to section 8 of chapter 262, 14Stat. 253 (1866), former 43 U.S.C. 932, as to which general public use orenjoyment before 1976 is not established, but which provides access toprivately owned land.

2. Public utility means any public utility, as thatterm is defined in NRS 704.020, that issubject to the jurisdiction of the Public Utilities Commission of Nevada.

(Added to NRS by 1993, 1402; A 1997, 1995)

NRS 405.202 Useand maintenance; fee prohibited; immunity of state and local governments fromliability arising from use.

1. Wherever an accessory road crosses public land, theaccessory road is open to:

(a) Raisers of livestock in maintaining their herds;

(b) Any public utility in maintaining, constructing oroperating any of its facilities; and

(c) The use of the general public.

2. The State and the respective local governments haveno duty to maintain an accessory road and are immune from liability for damagessuffered by any person as a result of using such a road.

3. Without obtaining a permit from any public agency,a private owner of land served by an accessory road or a raiser of livestockusing such a road may maintain the road and remove debris or vegetation fromit, but may not perform new construction. No public agency may charge a fee forthe use or maintenance of an accessory road.

(Added to NRS by 1993, 1402)

NRS 405.203 Closureor restriction of use.

1. The State Forester Firewarden or the board ofdirectors of a fire protection district may temporarily close or restrict theuse of an accessory road when the danger of fire arising from use of the roadso requires. The closure or restricted use may not restrict, impede or precludethe use of the road by a public utility in maintaining, constructing or operatingany of its facilities.

2. A board of county commissioners may permanentlyclose an accessory road in its county when the public safety or welfare sorequires. Before permanently closing an accessory road, the board of countycommissioners shall hold a public hearing. The board shall give written noticeof the time and place of the hearing to each owner of land served by the road,and to each stock raiser known to use the road. The board shall also publishthe notice in a newspaper of general circulation in the county for 3 successiveweeks before the date set for the hearing.

3. Following the hearing, the board of countycommissioners shall not close the road unless the benefit to public safety orwelfare from its closing outweighs the detriment to owners of land served bythe road, to raisers of livestock using the road and to the general public.

4. If the permanent closing of an accessory roaddeprives an owner of access by road to his land, the public agency closing theroad shall pay him just compensation for his loss.

(Added to NRS by 1993, 1403)

NRS 405.204 Legislativefindings and declaration; action by Attorney General authorized.

1. The Legislature hereby finds and declares that thepublic interest of the State of Nevada is served by keeping accessory roadsopen and available for use by the residents of this state because:

(a) There exists within this state a large number ofaccessory roads;

(b) Accessory roads provide access for the control offire on adjacent lands, the enforcement of laws by peace officers, search andrescue operations, medical personnel and ambulances, and public utilities;

(c) Accessory roads provide access to public lands formembers of the general public; and

(d) Accessory roads enhance the taxable value of theprivate property served by such roads.

2. The Legislature therefore directs that, if anagency of the United States responsible for the lands over which an accessoryroad runs pursues the closing of an accessory road or demands a fee or permitfor the use of an accessory road, the Attorney General may bring an action fora declaratory judgment as soon as practicable on behalf of:

(a) The State and its residents;

(b) Owners of lands served by the road;

(c) Holders of grazing rights served by the road; and

(d) All other users of the road,

to vindicatethe rights of all users to the unimpeded maintenance, use and enjoyment of theroad, and the rights of owners of lands served by the road to just compensationfor any closing found necessary.

(Added to NRS by 1993, 1403)

MISCELLANEOUS PROVISIONS

NRS 405.205 Erectionand maintenance of power lines by rural electric cooperative. A rural electric cooperative which has been formedpursuant to NRS 81.410 to 81.540, inclusive, may erect or bury, andthereafter maintain or operate, power lines, and may permit the maintenance andoperation of telephone lines in connection therewith, along public highways,roads, streets and alleys within the area which it holds a certificate ofpublic convenience and necessity to serve. In exercising this right, thecooperative shall not obstruct the natural and proper use of the highway, road,street or alley, and is subject to the requirements of NRS 408.423.

(Added to NRS by 1979, 957)

NRS 405.210 Damageto public or private road, bridge or guidepost unlawful; penalty. Every person who shall willfully and maliciously remove,damage or destroy:

1. A highway or a private way laid out by authority oflaw, or a bridge upon such public or private road, or willfully or maliciouslycause to be placed thereon any substance or thing dangerous to any person oranimal traveling thereon or which might injure or puncture the tire of anyvehicle; or

2. A mile board, milestone or guidepost erected upon ahighway, or any inscription thereon,

shall beguilty of a misdemeanor.

[Part 1911 C&P 487; RL 6752; NCL 10434]

NRS 405.230 Penaltyfor obstruction or damage to highway; abatement of nuisance; removal of certainobstacles or encroachments.

1. Any person who, in any manner, obstructs any road,street or alley, or in any manner damages it or prevents travel thereon, or whoobstructs, dams or diverts any stream or water so as to throw it, or cause theflowage thereof, upon, across or along the pathway of any road, highway, streetor alley is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the extent ofdamage to the section of the road, street, alley or highway damaged, and in noevent less than a misdemeanor.

2. The court before which the conviction is had shallorder the sheriff or any constable of the county to abate, as a nuisance, anyfence or other obstruction, to the free and convenient use and travel of theroad, street or alley, or any obstruction from the stream so as to allow it toflow in its natural bed.

3. The department of public works or any otherappropriate county agency is authorized to remove from the highways anyunlicensed obstacle or encroachment which is not removed, or the removal ofwhich is not commenced and thereafter diligently prosecuted, before theexpiration of 5 days after personal service of notice and demand upon the ownerof the obstacle or encroachment or his agent. In lieu of personal service uponthat person or his agent, service of the notice may also be made by registeredor certified mail and by posting, for a period of 5 days, a copy of the noticeon the obstacle or encroachment described in the notice. Removal by the departmentor other agency of the obstacle or encroachment on the failure of the owner tocomply with the notice and demand gives the department or other agency a rightof action to recover the expense of the removal, investigative costs,attorneys fees, cost and expenses of suit, and in addition thereto the sum of$250 for each day the obstacle or encroachment remains after the expiration of5 days from the service of the notice and demand.

4. As used in this section, obstacles orencroachments mean any objects, materials or facilities not owned by thecounty that are placed within a right-of-way of the county for storage purposesor decorative improvements for front lots that are not a part of a highwayfacility. The term does not include vehicles parked in a lawful manner withinthat right-of-way.

[6:111:1866; BH 445; C 452; RL 3009; NCL 5397](NRS A 1967, 571; 1979, 602; 1993, 897)

NRS 405.240 Repairof damage to highway from driving livestock. Anyperson or corporation driving sheep, goats, swine, horses or cattle along oracross any public road or highway, or along or across any street or alley inany unincorporated town, in this state for any purpose whatever, who by sodoing damages or impairs the public road or highway or street or alley, as thecase may be, shall be required, at his or its own expense, to make any and allrepairs necessary to put the road, highway, street or alley in as goodcondition as it was before the damage was done.

[1a:64:1885; added 1913, 238; 1919 RL p. 2897; NCL 5435]

NRS 405.250 Constructionand maintenance of sidewalks; penalty for riding or driving on sidewalk.

1. Subject to the authority conferred by law on cityauthorities, the boards of county commissioners or road supervisors, any owneror occupant of land may construct and maintain a sidewalk in the highway alongthe line of his land.

2. Sidewalks already constructed and laid out withreasonable limits as to width so as not to operate as an obstruction to thestreet or highway must be maintained and protected pursuant to this section.

3. Except as otherwise provided in NRS 484.504, a person who willfully andintentionally rides or drives, or causes to be ridden or driven, any animal,vehicle or other thing over or upon such a sidewalk, without permission of theowner or occupant, shall be punished by a fine of not more than $20, inaddition to the costs of prosecution.

[1911 C&P 508; RL 6773; NCL 10455](NRS A1967, 572; 1997, 1728)

NRS 405.270 Standardsof safety for electronic gates that provide access for vehicular traffic. A gate that:

1. Operates by electrical power;

2. Provides access for vehicular traffic; and

3. Is installed on or after March 1, 2000,

must complywith the requirements of the Underwriters Laboratories Inc. Standard for Safety325, as published on September 18, 1998, and effective on March 1, 2000.

(Added to NRS by 1999, 3112)

 

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