2005 Nevada Revised Statutes - Chapter 408 — Highways, Roads and Transportation Facilities

CHAPTER 408 - HIGHWAYS, ROADS ANDTRANSPORTATION FACILITIES

GENERAL PROVISIONS

NRS 408.010 Shorttitle.

NRS 408.015 Rulesof construction.

NRS 408.020 Definitions.

NRS 408.033 Boarddefined.

NRS 408.037 Businessdefined.

NRS 408.040 Citydefined.

NRS 408.045 Departmentdefined.

NRS 408.046 Directordefined.

NRS 408.047 Displacedperson defined.

NRS 408.050 Encroachmentdefined.

NRS 408.056 Familydefined.

NRS 408.057 Farmoperation defined.

NRS 408.058 Farmerdefined.

NRS 408.059 Federal-aidhighways defined.

NRS 408.060 Freewaydefined.

NRS 408.065 Frontageroad defined.

NRS 408.067 Gradeline defined.

NRS 408.070 Highwaydefined.

NRS 408.077 Planningagency defined.

NRS 408.078 Publiclands defined.

NRS 408.080 Rights-of-waydefined.

NRS 408.090 Shalland may construed.

NRS 408.095 Towndefined.

NRS 408.100 Declarationof legislative intent.

DEPARTMENT OF TRANSPORTATION

General Provisions

NRS 408.106 Creation;Board of Directors.

NRS 408.111 Composition;heads of divisions.

NRS 408.115 Office.

NRS 408.116 Legalactions; process.

NRS 408.118 Studyof operations of Department: Legislative approval required.

 

Board of Directors

NRS 408.121 Adoptionand use of seal; appointment and duties of Secretary.

NRS 408.126 Meetings.

NRS 408.131 Duties.

NRS 408.141 Rules;agreements with other states; designation of alternate routes fortransportation of hazardous material.

NRS 408.146 Sale or lease of certain water rights to public utility; reconveyance.

NRS 408.151 Loansfrom financial institutions; limitations.

 

Director and Other Employees

NRS 408.160 Director:Appointment; term.

NRS 408.163 Director:Qualifications; classification.

NRS 408.170 Director:Other employment prohibited; removal.

NRS 408.172 ChiefCounsel: Appointment; assistants; duties; classification.

NRS 408.175 Employmentof Deputy Directors and other personnel; restrictions on other employment ofDeputy Directors.

NRS 408.178 Qualificationsand classifications of Deputy Directors and Chief Engineer.

NRS 408.180 Oathsof Director and Deputy Directors.

NRS 408.185 Facsimilesignatures of Director and Deputy Directors.

NRS 408.190 Dutiesof Director: General plan of highways; information, statistics and maps.

NRS 408.195 Dutiesof Director: General supervision of highways.

NRS 408.200 Dutiesof Director: Standards for construction and maintenance; cooperation withcounty officers.

NRS 408.203 Dutiesof Director: Reports to Legislature.

NRS 408.205 Powersof Director: Execution of instruments and documents; deductions from wages ofofficers and employees for purchase of United States Savings Bonds or similarobligations.

NRS 408.210 Powersof Director: Closing and construction of highways; removal of encroachments.

NRS 408.212 Powersof Director: Easements for monorail or other systems of transportation.

NRS 408.213 Powersof Director: Designation of highway as scenic route; adoption of regulations.

NRS 408.214 Dutiesof Director: Designation of restricted highways.

NRS 408.215 Dutiesof Director: Records; index of deeds; regulations.

NRS 408.220 Dutiesof Director: Reports to Board.

NRS 408.225 Powersof Director: Purchase and rental of and contracts for equipment, supplies andservices.

NRS 408.230 Printingand stationery. [Repealed.]

 

Planning

NRS 408.233 PlanningDivision: Responsibilities and duties; operation of railroad or airportprohibited.

NRS 408.234 MotorVehicle Recovery and Transportation Planner: Creation; duties.

FINANCING HIGHWAYS AND ROADS

NRS 408.235 StateHighway Fund: Creation; sources; uses; payment of bills.

NRS 408.240 StateHighway Revolving Account: Establishment; use; warrants; deposit; transfers to State Highway Fund.

NRS 408.245 Acceptanceof federal acts.

NRS 408.250 Federalacts: State highways; contracts; pledge to match federal money.

NRS 408.255 Federalacts: Secondary and feeder highways; contracts; pledge to match federal money.

NRS 408.260 Federallands: Construction and maintenance of highways; availability of federal money.

NRS 408.265 Federalmoney deposited in State Highway Fund.

NRS 408.270 Vouchersfor payment; temporary transfer of money from State General Fund to State Highway Fund.

NRS 408.271 Departmentmay expend money to conduct studies and match federal money for capitalacquisitions.

NRS 408.273 Issuanceof bonds.

NRS 408.275 Surveys,maps and studies of traffic; roadside parks; rest areas; receipt of federalmoney; regulations.

NRS 408.280 Programfor work on highways: Contents; distribution.

NRS 408.281 Programfor work on highways: Inclusion of designated projects for use of recycledproducts.

IMPROVEMENT OF COUNTY ROADS

NRS 408.283 Cooperativeagreements between Department of Transportation and county commissioners.

NRS 408.2831 Contentsof agreement.

NRS 408.2832 Priorityof improvement projects; determination of ability of county to perform.

NRS 408.2833 Standardsfor project.

STATE HIGHWAY SYSTEM

NRS 408.285 Statehighways; designation of other highways and roads as state highways and stateroutes; route numbers; roads for state parks.

NRS 408.290 Procedurefor establishment of new routes.

NAMES AND MARKERS OF HIGHWAYS

NRS 408.303 U.S. Highway No. 6 designated as Grand Army of the Republic Highway; placement of markers.

NRS 408.307 ComstockHighway: Designation; placement of markers.

NRS 408.309 Designationof Route 94.

CONSTRUCTION, IMPROVEMENT AND MAINTENANCE OF HIGHWAYS

General Provisions

NRS 408.313 Mannerof construction.

NRS 408.317 Supervisionof work by Director; payments from State Highway Fund.

NRS 408.319 Reportof projects for construction and maintenance: Preparation; contents; revision;public inspection.

NRS 408.321 Considerationof motor vehicle recovery lanes, bicycle lanes, various services for bicyclesand turnouts for slower vehicles.

NRS 408.323 Conditionsfor execution of work without contract; work resulting from disaster oremergency.

NRS 408.327 Advertisementfor bids; publication.

NRS 408.333 Bidsand bidders: Experience and financial ability; hearing upon disqualification;appeal of decision.

NRS 408.337 Bidsand bidders: Security; forfeiture; refunds.

NRS 408.343 Bidsand bidders: Procedure for award of contract.

NRS 408.346 Monetaryincentive for early completion of contract.

NRS 408.347 Executionof contract in name of State; copies filed with Department and countycommissioners.

NRS 408.353 Interestof member of Board, officer or employee prohibited; exception; voidability;penalties.

NRS 408.354 Contractawarded to railroad company may provide under certain circumstances thatrailroad company is exempt from requirements concerning bonds.

NRS 408.357 Bidsand bidders: Bonds required of successful bidders; exception; conditions;sureties.

NRS 408.363 Claimsagainst contractors bond; action against surety.

NRS 408.367 Projectnot exceeding $250,000: Informal bids; advertisement; mailing of invitation tobid; contract; bonds; exception.

NRS 408.373 Contractor:Compliance with state laws concerning workers compensation and unemploymentcompensation; compliance with other laws.

NRS 408.377 Subcontractor:Approval; compliance with laws.

NRS 408.383 Contractor:Partial payments; percentage retained; substitution of certain obligations forretained payments; period for dispersal of money by contractor tosubcontractors; rate of interest on delinquent dispersal; procedure forresolution of dispute over dispersal.

NRS 408.387 Contract:Publication of notice of final acceptance; final settlement.

 

Design-Build Contracts

NRS 408.3875 Definitions.

NRS 408.3876 Design-buildcontract defined.

NRS 408.3877 Design-buildteam defined.

NRS 408.3878 Primecontractor defined.

NRS 408.3879 Projectdefined.

NRS 408.388 Projectsfor which Department may contract with design-build team.

NRS 408.3881 Publicmeeting; notice.

NRS 408.3882 Procedurefor selecting design-build team.

NRS 408.3883 Preliminaryproposals: Advertisement by Department; publication; information available forinspection by design-build teams.

NRS 408.3884 Qualificationsof design-build team.

NRS 408.3885 Procedurefor selecting finalists from among design-build teams that submittedpreliminary proposals.

NRS 408.3886 Requestsfor final proposals and best and final offers: Selection or rejection ofproposal or offer; contents of contract between Department and design-buildteam; duties of design-build team.

NRS 408.3887 Employmentof architect or engineer as consultant during construction.

 

Miscellaneous Provisions

NRS 408.389 Approvalof Board of Directors required for purchase of certain equipment.

NRS 408.393 Enforcementof laws concerning labor; charges for transportation and meals; penalty;exception.

NRS 408.397 Procedurefor diversion or change of route of highway.

NRS 408.403 Freeways.

NRS 408.407 Reimbursementof utility by State for relocation of facility located on or near certainhighways.

NRS 408.413 Improvementof state highway Route No. 81.

NRS 408.417 Guideposts,signs and markers: Erection; metric units; penalty for destruction; liabilityfor costs of repair and replacement.

NRS 408.423 Permitrequired to excavate state highway; exception; fee.

NRS 408.427 Unauthorizedcrossing, removal or destruction of control-of-access fence or barrier onhighway: Injunction; recovery of expenses of restoration.

NRS 408.433 Roadsideparks and rest areas: Unlawful acts; penalties.

ACQUISITION AND DISPOSAL OF PROPERTY FOR HIGHWAYS

NRS 408.487 Acquisitionof property: Purposes.

NRS 408.489 Acquisitionof property: Manner; costs.

NRS 408.493 Acquisitionof property: Survey and location of right-of-way; judicial order permittingentry for examination and appraisal.

NRS 408.497 Construction,alteration or improvement of highway: Claim for damage to land or interests;proceeding in inverse condemnation.

NRS 408.503 Eminentdomain: Resolution by Board; precedence over other legal actions.

NRS 408.507 Leaseor rental of property.

NRS 408.513 Acquisitionof property by towns and cities; costs; transfer of interest to State.

NRS 408.517 Acquisitionof property by counties; costs; transfer of interest to State.

NRS 408.523 Summaryvacation and abandonment of portion of state highway superseded by relocationor in excess of needs; resolution of Board; recordation.

NRS 408.527 Procedurefor relinquishment of portion of state highway.

NRS 408.533 Disposalof property.

NRS 408.537 Stateconsent to close public road on public land: Application; notice; duties ofplanning agencies.

NRS 408.543 Stateconsent to close public road on public land: Duties of Department.

NRS 408.547 Stateconsent to close public road on public land: Determination by Board; approvalby inaction; certificate of consent.

TRANSPORTATION FACILITIES

NRS 408.5471 Transportationfacility defined.

NRS 408.5473 Authorityof Department to authorize transportation facilities.

NRS 408.5475 Submissionof request to Department; contents of request.

NRS 408.548 Authorityof Department to request submission of proposals; regulations.

NRS 408.5483 Approvalof request or proposal: Determination of public purpose; staff reports; copy ofrequest or proposal to be furnished to affected governmental entities; fee;approval contingent on entering agreement with Department; establishment ofdate for development of or commencement of construction of transportationfacility.

NRS 408.5485 Contractfor transportation services.

NRS 408.549 Federal,state or local assistance.

INFORMATION AND ASSISTANCE FOR TRAVELERS

NRS 408.551 Centerdefined.

NRS 408.553 Designationof locations for signs and centers.

NRS 408.557 Regulations.

NRS 408.559 Developmentand review of plan.

NRS 408.561 Toll-freetelephone system for public accommodations; apportionment of costs.

NRS 408.563 Agreementswith governmental agencies or others.

NRS 408.567 Accountfor Systems of Providing Information to the Traveling Public: Creation;sources; use.

NRS 408.569 Systemof communication to report emergencies and to obtain information concerningconditions for driving required along certain frequently traveled highways.

MISCELLANEOUS PROVISIONS

NRS 408.601 Permitsto solicit charitable contributions while standing on median strip of highwayor sidewalk adjacent to highway.

_________

GENERAL PROVISIONS

NRS 408.010 Shorttitle. This chapter shall be known as theHighways and Roads Law.

(Added to NRS by 1957, 662)

NRS 408.015 Rulesof construction.

1. Unless the particular provision or the contextotherwise requires, the rules of construction and general provisions set forthin this section govern the construction of this chapter.

2. Whenever any power or authority is given to, or anyduty is imposed upon, any person by the provisions of this chapter it may beexercised or performed by any deputy or person authorized by him unless it isexpressly provided that it shall be exercised in person.

3. Whenever any reference is made to any portion ofthis chapter or of any other law, such reference applies to all amendments andadditions thereto.

(Added to NRS by 1957, 663; A 1977, 187)

NRS 408.020 Definitions. As used in this chapter the words and terms defined in NRS 408.033 to 408.095, inclusive, unless the contextotherwise 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)

NRS 408.033 Boarddefined. Board means the Board of Directorsof the Department of Transportation.

(Added to NRS by 1989, 1296)

NRS 408.037 Businessdefined. Business means any lawful activityconducted primarily:

1. For the purchase and resale, manufacture,processing or marketing of products, commodities or any other personalproperty;

2. For the sale of services to the public; or

3. By a nonprofit organization.

(Added to NRS by 1969, 554)

NRS 408.040 Citydefined. City means any municipalityincorporated under state law.

(Added to NRS by 1957, 663)

NRS 408.045 Departmentdefined. Department means the Department ofTransportation.

(Added to NRS by 1957, 663; A 1979, 1762)

NRS 408.046 Directordefined. Director means the Director of theDepartment of Transportation.

(Added to NRS by 1985, 891)

NRS 408.047 Displacedperson defined. Displaced person means any:

1. Person who is head of a family or any individualnot a member of a family who moves from a dwelling as the result of theacquisition, or reasonable expectation of acquisition and the subsequentacquisition, of real property on which such dwelling was situated and which wasacquired for a federal-aid highway; or

2. Owner of a business or farmer who moves as theresult of the acquisition of real property on which such owner or farmerconducted a business or farm operation and which was acquired, in whole or inpart, for a federal-aid highway.

(Added to NRS by 1969, 554)

NRS 408.050 Encroachmentdefined. 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)

NRS 408.056 Familydefined. Family means two or moreindividuals living together in the same dwelling unit who are related to eachother by blood, marriage, adoption or legal guardianship.

(Added to NRS by 1969, 554)

NRS 408.057 Farmoperation defined. Farm operation means anyactivity conducted primarily for the production of one or more agriculturalproducts or commodities for sale or home use and customarily producing suchproducts or commodities in sufficient quantity to be capable of contributingmaterially to the operators support.

(Added to NRS by 1969, 554)

NRS 408.058 Farmerdefined. Farmer is any person who as anowner, part owner, tenant or sharecropper operates a farm.

(Added to NRS by 1969, 555)

NRS 408.059 Federal-aidhighways defined. The term federal-aidhighways has the meaning ascribed to it in 23 U.S.C. 101.

(Added to NRS by 1969, 555)

NRS 408.060 Freewaydefined. Freeway means a highway or road inrespect to which the owners or occupants of abutting lands and other personshave no abutters rights of light, view and air, or easements of access to andfrom the abutting lands, or in respect to which such owners and other personshave only those limited or restricted abutters rights or easements of accessallowed, designated and described by the Department.

(Added to NRS by 1957, 663)

NRS 408.065 Frontageroad defined. Frontage road means any frontageroad, service road, frontage highway, or service highway providing service andaccess from areas adjacent to a highway or freeway.

(Added to NRS by 1957, 663)

NRS 408.067 Gradeline defined. Grade line means theelevation above sea level of the surface of a highway.

(Added to NRS by 1971, 1330)

NRS 408.070 Highwaydefined. Highway means roads, bridges, structures,culverts, curbs, drains and all buildings, communication facilities, servicesand works incidental to highway construction, improvements and maintenancerequired, laid out, constructed, improved or maintained as such pursuant toconstitutional or legislative authorization.

(Added to NRS by 1957, 663)

NRS 408.077 Planningagency defined. Planning agency means:

1. The planning commission for the city in which theroad is entirely located; or

2. A county or regional planning commission, if thereis one, or the board of county commissioners or Nevada Tahoe Regional PlanningAgency, within whose jurisdiction the road is located.

(Added to NRS by 1981, 924)

NRS 408.078 Publiclands defined. Public lands means all landswithin the exterior boundaries of the State of Nevada except lands:

1. To which title is held by any private person orentity;

2. To which title is held by the State of Nevada, anyof its local governments or the Nevada System of Higher Education;

3. Which are located within congressionally authorizednational parks, monuments, national forests or wildlife refuges, or which arelands acquired by purchase consented to by the Legislature;

4. Which are controlled by the United StatesDepartment of Defense, Department of Energy or Bureau of Reclamation; or

5. Which are held in trust for Indian purposes or areIndian reservations.

(Added to NRS by 1981, 924; A 1993, 400)

NRS 408.080 Rights-of-waydefined. Rights-of-way means land, propertyor any interest therein acquired for or devoted to highways whether or not theentire area of such is actually used for highway purposes.

(Added to NRS by 1957, 664)

NRS 408.090 Shalland may construed. Shall is mandatory andmay is permissive.

(Added to NRS by 1957, 664)

NRS 408.095 Towndefined. Town means any unincorporated towngoverned by the board of county commissioners of the county where it islocated.

(Added to NRS by 1957, 664; A 1983, 134)

NRS 408.100 Declarationof legislative intent. Recognizing that safeand efficient highway transportation is a matter of important interest to allthe people of the State, and that an adequate highway system is a vital part ofthe national defense, the Legislature hereby determines and declares that:

1. An integrated system of state highways and roads isessential to the general welfare of the State.

2. Providing such a system of facilities, itsefficient management, maintenance and control is recognized as a problem and asthe proper prospective of highway legislation.

3. Inadequate highways and roads obstruct the freeflow of traffic, resulting in undue cost of motor vehicle operation,endangering the health and safety of the citizens of the State, depreciatingproperty values, and impeding general economic and social progress of theState.

4. In designating the highways and roads of the Stateas provided in this chapter, the Legislature places a high degree of trust inthe hands of those officials whose duty it is, within the limits of availablefunds, to plan, develop, operate, maintain, control and protect the highwaysand roads of this state, for present as well as for future use.

5. To this end, it is the express intent of theLegislature to make the Board of Directors of the Department of Transportationcustodian of the state highways and roads and to provide sufficiently broadauthority to enable the Board to function adequately and efficiently in allareas of appropriate jurisdiction, subject to the limitations of theConstitution and the legislative mandate proposed in this chapter.

6. The Legislature intends:

(a) To declare, in general terms, the powers and dutiesof the Board of Directors, leaving specific details to be determined byreasonable regulations and declarations of policy which the Board maypromulgate.

(b) By general grant of authority to the Board ofDirectors to delegate sufficient power and authority to enable the Board tocarry out the broad objectives contained in this chapter.

7. The problem of establishing and maintainingadequate highways and roads, eliminating congestion, reducing accidentfrequency and taking all necessary steps to ensure safe and convenienttransportation on these public ways is no less urgent.

8. The Legislature hereby finds, determines anddeclares that this chapter is necessary for the preservation of the publicsafety, the promotion of the general welfare, the improvement and developmentof facilities for transportation in the State, and other related purposesnecessarily included therein, and as a contribution to the system of nationaldefense.

9. The words construction, maintenance andadministration used in Section 5 of Article 9 of the Constitution of theState of Nevada are broad enough to be construed to include and ascontemplating the construction, maintenance and administration of the statehighways and roads as established by this chapter and the landscaping, roadsideimprovements 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

NRS 408.106 Creation;Board of Directors.

1. There is hereby created a Department ofTransportation, administered by a seven-member Board of Directors consisting ofthe Governor, the Lieutenant Governor, the Attorney General and the StateController, who serve ex officio, and three members who are appointed by theGovernor. If one of the four constitutional offices is vacant, the Secretary ofState shall serve ex officio on the Board until the vacancy is filled.

2. The Governor shall appoint as members of the Boardthree persons who are residents of Nevada, informed on and interested in theconstruction and maintenance of highways and other matters relating totransportation. Each of the three members so appointed must reside in adifferent highway district and possess at least one of the followingqualifications:

(a) Knowledge of engineering evidenced by thepossession of a bachelor of science degree in civil or structural engineeringand licensure in this State as a professional engineer.

(b) Demonstrated expertise in financial matters andbusiness administration.

(c) Demonstrated expertise in the business ofconstruction evidenced by the possession of a license as a general contractorand experience as a principal officer of a firm licensed in this State.

The Governorshall not appoint any person who is currently employed in the field of or has asubstantial financial interest in the construction or maintenance of highwaysin this State.

3. The Governor shall serve as Chairman of the Boardand the members of the Board shall elect annually a Vice Chairman.

4. Each member of the Board who is not a publicofficer is entitled to receive as compensation $80 for each day or portion of aday during which he attends a meeting of the Board or is otherwise engaged inthe business of the Board plus the per diem allowance and travel expensesprovided for state officers and employees generally.

5. After the initial terms, the appointed members ofthe Board shall serve terms of 4 years.

(Added to NRS by 1989, 1296)

NRS 408.111 Composition;heads of divisions.

1. The Department consists of a Director, two DeputyDirectors, 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)

NRS 408.115 Office. The Department shall maintain its principal offices atCarson City, Nevada. The offices must be kept open at such times as thebusiness of the Department and the convenience or the interest of the publicmay require. The offices are under the supervision of the Director.

(Added to NRS by 1957, 665; A 1979, 1763)

NRS 408.116 Legalactions; process.

1. All legal notices, writs, service and processissued or ordered by a court of competent jurisdiction wherein the Departmentis named as a defendant must be personally served upon both the Director andthe Chairman of the Board or, in the absence of the Director and the Chairmanof the Board, the process must be served personally upon both the Secretary ofState and one of the Deputy Directors.

2. All legal actions brought and defended by theDepartment must be in the name of the State of Nevada on relation of itsDepartment.

3. This section is not a consent on the part of theDepartment to be sued.

(Added to NRS by 1957, 666; A 1979, 1764; 1987, 1799;1989, 1299; 2003, 2521)

NRS 408.118 Studyof operations of Department: Legislative approval required. Before the Board or the Director may enter into anagreement providing for a study of the operations of the Department, theprocess to be used to select a person to perform the study and the proposedagreement for the study must be approved by the Legislature by concurrentresolution, or by the Interim Finance Committee if the Legislature is not insession.

(Added to NRS by 1989, 1298)

Board of Directors

NRS 408.121 Adoptionand use of seal; appointment and duties of Secretary.

1. The Board shall adopt a seal for use inauthenticating contracts, records and proceedings of the Department.

2. The Board shall appoint a Secretary from within theDepartment, who shall:

(a) Attend all meetings of the Board.

(b) Keep complete and accurate records of all themeetings, business and transactions of the Board.

(c) Keep in his custody the seal of the Board, and mayimpress it upon all contracts and documents on which it is necessary orappropriate.

(d) With the approval of the Board, prepare upon therequest of any interested person copies of any contract or document in hiscustody, and may certify the contract or document. He shall not permit theoriginals to be taken from his custody by any person except members andemployees of the Department.

(e) Receive no extra compensation for his services.

3. The duties of the Secretary are ex officio. Hisappointment is not subject to the provisions of chapter284 of NRS.

(Added to NRS by 1989, 1297)

NRS 408.126 Meetings. The Board shall hold meetings at such times and places,and for such periods and purposes, as it deems essential to the proper executionof the provisions of this chapter.

(Added to NRS by 1989, 1297)

NRS 408.131 Duties. The Board shall:

1. Consider, at its meetings, all questions relatingto the general policy of the Department and transact such business as properlycomes before it.

2. Receive and consider, at such time as the Boardselects, an annual report by the Director.

3. Except as otherwise provided in NRS 408.203, act for the Department in allmatters relating to recommendations, reports and such other matters as theBoard 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 inthe name of the State or the Department necessary to carry out the provisionsof this chapter.

6. Except as otherwise provided in NRS 408.389, delegate to the Director suchauthority as it deems necessary under the provisions of this chapter.

7. Act by resolution, vote or order entered in itsrecords.

(Added to NRS by 1989, 1297; A 1993, 1366)

NRS 408.141 Rules;agreements with other states; designation of alternate routes fortransportation of hazardous material. TheBoard may:

1. Adopt such rules, bylaws, motions and resolutions,not inconsistent with this chapter, as are necessary to govern theadministration, activities and proceedings of the Department.

2. On behalf of the State of Nevada, enter intoagreements with any adjoining state, or any proper agency of such a state, forthe construction, reconstruction, improvement, operation and maintenance by anyparty to such agreement, in such manner and by such means as are provided inthe agreement, of bridges over interstate waters, and may enter into likeagreements with respect to the construction, reconstruction, improvement,operation and maintenance of highways within the State of Nevada or anadjoining state, when the highways are at or near the common boundary of the states.

3. Authorize the Department to join associations ofhighway officials of other states and other organizations which have as theirpurpose the interchange of information and the establishment of standards andpolicies relating to highway construction, reconstruction, improvement,maintenance and administration.

4. Designate by regulation alternative routes for thetransport of radioactive, chemical or other hazardous materials over thehighways or county roads of this state, in lieu of the preferred highways forsuch transport designated by the United States Department of Transportation, orapprove alternative routes set forth in a proposed county or city ordinance ifthe regulation or ordinance does not conflict with the standards foralternative routes established by the United States Department ofTransportation.

(Added to NRS by 1957, 665; A 1981, 233; 1987, 1799;1989, 1300)(Substituted in revision for NRS 408.206)

NRS 408.146 Saleor lease of certain water rights to public utility; reconveyance.

1. The Board may sell or lease any of the Stateswater rights which are appurtenant to real property acquired pursuant to thischapter to a public utility engaged in the business of furnishing water formunicipal, industrial and domestic purposes without first offering those waterrights to the public.

2. If a public utility wishes to dispose of any waterright 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)

NRS 408.151 Loansfrom financial institutions; limitations.

1. Whenever the Legislature is not in session, theBoard may borrow, with the approval of the State Board of Examiners, money fromfinancial institutions for short periods to carry out the responsibilities ofthe Department.

2. To secure short-term financing, the Board maypledge only revenue which it anticipates the Department will receive.

3. The lending institution has no claim against theState, and may recover from the Director under the loan agreement only to theextent 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

NRS 408.160 Director:Appointment; term. The Board shall select a personto 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)

NRS 408.163 Director:Qualifications; classification. The Director:

1. Is in the unclassified service of the State.

2. Must be a licensed professional engineer in theState.

3. Must have had at least 5 years of responsibleadministrative experience in public or business administration.

4. Must possess broad skills as a manager in areasrelated to the functions of the Department.

(Added to NRS by 1979, 1782; A 1983, 1662; 1987,1801; 1997, 1067)

NRS 408.170 Director:Other employment prohibited; removal. The Directorshall devote his whole time to the duties of his office, and may be removed bythe Board at any time.

(Added to NRS by 1957, 667; A 1979, 1764; 1987, 1801;1989, 1299)

NRS 408.172 ChiefCounsel: Appointment; assistants; duties; classification.

1. Subject to the approval of the Board, the AttorneyGeneral shall, immediately upon request by the Board, appoint an attorney atlaw as the Chief Counsel of the Department, and such assistant attorneys as arenecessary. Attorneys so appointed are deputy attorneys general.

2. The Chief Counsel shall act as the attorney andlegal adviser of the Department in all actions, proceedings, hearings and allmatters relating to the Department and to the powers and duties of itsofficers.

3. Under the direction of or in the absence of theChief Counsel, the assistant attorneys may perform any duty required orpermitted by law to be performed by the Chief Counsel.

4. The Chief Counsel and assistant attorneys are inthe unclassified service of the State.

5. All contracts, instruments and documents executedby the Department must be first approved and endorsed as to legality and formby the Chief Counsel.

(Added to NRS by 1957, 666; A 1967, 1496; 1971, 1434;1979, 274; 1981, 1279; 1987, 1800; 1989, 1299)

NRS 408.175 Employmentof Deputy Directors and other personnel; restrictions on other employment ofDeputy Directors.

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 dutyrequired or permitted by law to be performed by the Director.

(b) Appoint one Deputy Director for southern Nevadawhose principal office must be located in an urban area in southern Nevada.

(c) Employ such engineers, engineering and technicalassistants, clerks and other personnel as in his judgment may be necessary tothe proper conduct of the Department and to carry out the provisions of thischapter.

2. Except as otherwise provided in NRS 284.143, the Deputy Directors shalldevote their entire time and attention to the business of the office and shallnot pursue any other business or occupation or hold any other office of profit.

3. The Director may delegate such authority as may benecessary for the Deputy Director appointed pursuant to paragraph (b) ofsubsection 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)

NRS 408.178 Qualificationsand classifications of Deputy Directors and Chief Engineer.

1. Each Deputy Director:

(a) Is in the unclassified service of the State.

(b) Must hold a masters degree in public or businessadministration, 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 administrativeexperience as the assistant director, the Chief Engineer or the head of theEngineering or Planning Division of the Department, or have equivalentexperience.

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, musthave at least 3 years of experience as the final engineering authority for astates agency which has duties similar to those of the Department.

3. If the Director or the Deputy Director appointedpursuant to paragraph (a) of subsection 1 of NRS408.175 is a licensed professional engineer, he may also act as theDepartments Chief Engineer.

(Added to NRS by 1979, 1782; A 1983, 1662; 1997,1068; 2003, 2521)

NRS 408.180 Oathsof Director and Deputy Directors. The Directorand Deputy Directors shall each take the official oath.

(Added to NRS by 1957, 667; A 1969, 707; 1975, 346;1979, 1765; 2003,2521)

NRS 408.185 Facsimilesignatures of Director and Deputy Directors.

1. The Director and Deputy Directors may use afacsimile signature produced through a mechanical device in place of theirhandwritten signatures whenever the necessity may arise.

2. Such a device must be of such a nature that thefacsimile signature plate may be inserted and removed from the mechanicaldevice only by use of two locking keys.

3. Such facsimile signatures must be made and usedonly under the personal direction and supervision of the Director or DeputyDirector whose signature the facsimile represents.

4. All of the facsimile signature plates and lockingkeys must at all times be kept in a vault, securely locked when not in use, tothe end that any misuse, fraudulent use or other improper use is prevented.

5. Notwithstanding the provisions of this section, theDirector or a Deputy Director and the State Treasurer may combine theirfacsimile signatures as provided in NRS226.080.

(Added to NRS by 1957, 667; A 1967, 348; 1969, 707;1979, 1765; 2001,2926; 2003, 2522)

NRS 408.190 Dutiesof Director: General plan of highways; information, statistics and maps. The Director shall cause to be made and kept by the Departmenta general plan of the highways and shall collect information and compile statisticsand maps relative to the mileage, traffic, character and condition of thehighways.

(Added to NRS by 1957, 668; A 1979, 1765)

NRS 408.195 Dutiesof Director: General supervision of highways. TheDirector shall determine the character and has the general supervision of theconstruction, reconstruction, improvement, maintenance and repair of allhighways, facilities and services authorized under the provisions of thischapter.

(Added to NRS by 1957, 668; A 1979, 1765)

NRS 408.200 Dutiesof Director: Standards for construction and maintenance; cooperation withcounty officers.

1. The Director shall investigate and determine themethods of highway construction best adapted to the various sections of theState, and shall establish standards and specifications for the constructionand maintenance of the highways, giving due regard to the topography, naturalconditions, character and availability of road-building materials.

2. The Director may construct, reconstruct, operateand maintain materials testing and research laboratory facilities as may benecessary 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 overstreets and highways within their respective counties relative to any questioninvolving such streets and highways; and the Director may, in like manner,obtain from such county officials all such information or assistance as theymay render in the performance of his duties with their county, and such countyofficials shall supply such information when requested by the Director.

(Added to NRS by 1957, 668; A 1967, 161; 1979, 1749,1765)

NRS 408.203 Dutiesof Director: Reports to Legislature. TheDirector shall:

1. Compile a comprehensive report outlining therequirements for the construction and maintenance of highways for the next 10years, including anticipated revenues and expenditures of the Department, andsubmit it to the Director of the Legislative Counsel Bureau for transmittal tothe Chairmen of the Senate and Assembly Standing Committees on Transportation.

2. Compile a comprehensive report of the requirementsfor the construction and maintenance of highways for the next 3 years,including anticipated revenues and expenditures of the Department, no laterthan October 1 of each even-numbered year, and submit it to the Director of theLegislative Counsel Bureau for transmittal to the Chairmen of the Senate andAssembly Standing Committees on Transportation.

3. Report to the Legislature by February 1 ofodd-numbered years the progress being made in the Departments 12-year plan forthe resurfacing of state highways. The report must include an accounting ofrevenues and expenditures in the preceding 2 fiscal years, a list of theprojects which have been completed, including mileage and cost, and an estimateof the adequacy of projected revenues for timely completion of the plan.

(Added to NRS by 1981, 1715; A 1987, 1801; 1989, 325)

NRS 408.205 Powersof Director: Execution of instruments and documents; deductions from wages ofofficers and employees for purchase of United States Savings Bonds or similarobligations.

1. With the approval of the Board, the Director mayexecute all plans, specifications, contracts and instruments in the name of theState of Nevada necessary for the carrying out of the provisions of thischapter, except those construction contracts as provided in NRS 408.327 and 408.347.

2. The Director has such other power and authority asis necessary and proper under the provisions of this chapter, or as the Boarddelegates to him.

3. The Director shall provide for the purchase ofUnited States Savings Bonds or similar United States obligations by salary orwage deductions for officers and employees of the Department who make writtenrequests for such deductions and purchases. To allow all Department officersand employees the opportunity of requesting salary or wage deductions for the purchaseof United States obligations, the Director shall provide forms authorizing thedeductions and purchases and shall make them readily available to allDepartment officers and employees.

(Added to NRS by 1957, 668; A 1979, 1766; 1987, 1802;1989, 1299)

NRS 408.210 Powersof Director: Closing and construction of highways; removal of encroachments.

1. The Director may restrict the use of, or close, anyhighway 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 damageduring storms or during construction, reconstruction, improvement ormaintenance operations thereon.

(c) To promote economic development or tourism in thebest interest of the State or upon the written request of the ExecutiveDirector of the Commission on Economic Development or the Commission onTourism.

2. The Director may:

(a) Divide or separate any highway into separateroadways, wherever there is particular danger to the traveling public ofcollisions between vehicles proceeding in opposite directions or from vehicularturning movements or cross-traffic, by constructing curbs, central dividingsections or other physical dividing lines, or by signs, marks or other devicesin or on the highway appropriate to designate the dividing line.

(b) Lay out and construct frontage roads on and alongany highway or freeway and divide and separate any such frontage road from themain highway or freeway by means of curbs, physical barriers or by otherappropriate devices.

3. The Director may remove from the highways anyunlicensed encroachment which is not removed, or the removal of which is notcommenced and thereafter diligently prosecuted, within 5 days after personalservice 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 thenotice may also be made by registered or certified mail and by posting, for aperiod of 5 days, a copy of the notice on the encroachment described in thenotice. Removal by the Department of the encroachment on the failure of theowner to comply with the notice and demand gives the Department a right ofaction to recover the expense of the removal, cost and expenses of suit, and inaddition thereto the sum of $100 for each day the encroachment remains beyond 5days after the service of the notice and demand.

4. If the Director determines that the interests ofthe Department are not compromised by a proposed or existing encroachment, hemay issue a license to the owner or his agent permitting an encroachment on thehighway. Such a license is revocable and must provide for relocation or removalof the encroachment in the following manner. Upon notice from the Director tothe owner of the encroachment or his agent, the owner or agent may propose atime within which he will relocate or remove the encroachment as required. Ifthe Director and the owner or his agent agree upon such a time, the Directorshall not himself remove the encroachment unless the owner or his agent hasfailed to do so within the time agreed. If the Director and the owner or hisagent do not agree upon such a time, the Director may remove the encroachmentat any time later than 30 days after the service of the original notice uponthe owner or his agent. Service of notice may be made in the manner provided bysubsection 3. Removal of the encroachment by the Director gives the Departmentthe right of action provided by subsection 3, but the penalty must be computedfrom 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)

NRS 408.212 Powersof Director: Easements for monorail or other systems of transportation.

1. The Director may grant to any person owning,operating or intending to construct a monorail or other overhead or undergroundsystem used for transportation easements for:

(a) The installation of supporting or accessorystructures within the limits of a highway.

(b) The use of air space over or underground spacebeneath a highway.

2. The Director may authorize necessary constructionwork to be performed within the limits of the highway for the installation orrepair of any such system, and the temporary closing of a highway, or therestriction of its use, for such purposes.

3. No structure may be installed or use made ofoverhead or underground space pursuant to this section which would permanentlyinterfere with the existing use of any highway.

(Added to NRS by 1967, 869; A 1979, 1767)

NRS 408.213 Powersof Director: Designation of highway as scenic route; adoption of regulations.

1. The Director may designate a highway or portion ofa highway as a scenic route if the route meets the requirements established byregulation for such a designation.

2. The Director shall adopt regulations whichprescribe the requirements for the designation of highways as scenic routes.

3. All official maps published by the Department whichare intended primarily for the use of tourists must identify highways orportions of highways which have been designated as scenic routes.

(Added to NRS by 1983, 532; A 1993, 1377)

NRS 408.214 Dutiesof Director: Designation of restricted highways. TheDirector shall designate restricted highways which are susceptible to severedamage if traveled upon on or after February 1 but before May 1 in violation ofa limitation of weight imposed by NRS484.739 to 484.755, inclusive.

(Added to NRS by 1999, 1042)

NRS 408.215 Dutiesof Director: Records; index of deeds; regulations.

1. The Director has charge of all the records of theDepartment, keeping records of all proceedings pertaining to the Department andkeeping on file information, plans, specifications, estimates, statistics andrecords prepared by the Department, except those financial statements describedin NRS 408.333 and the financial orproprietary information described in paragraph (c) of subsection 6 of NRS 408.3886, which must not becomematters of public record.

2. The Director may photograph, microphotograph orfilm or dispose of the records of the Department referred to in subsection 1 asprovided in NRS 239.051, 239.080 and 239.085.

3. The Director shall maintain an index or record ofdeeds or other references of title or interests in and to all lands orinterests in land owned or acquired by the Department.

4. The Director shall adopt such regulations as may benecessary 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)

NRS 408.220 Dutiesof Director: Reports to Board. BeforeSeptember 1 of each even-numbered year, for the biennium ending June 30 of thatyear, and at such other times as the Board designates, the Director shallreport all the proceedings of the Department to the Board.

(Added to NRS by 1957, 669; A 1969, 1457; 1979, 1768;1987, 1802; 1989, 1301)

NRS 408.225 Powersof Director: Purchase and rental of and contracts for equipment, supplies andservices. Except as otherwise provided in NRS 408.323, the Director, with theapproval of the Board, may rent, lease, purchase and contract for allequipment, materials, supplies, vehicles, road machinery, tools, implements andtechnical services required for the purpose of this chapter. Such equipment, suppliesand 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)

NRS 408.230 Printingand stationery. Repealed. (See chapter 318, Statutes of Nevada 2005,at page 1094.)

 

Planning

NRS 408.233 PlanningDivision: Responsibilities and duties; operation of railroad or airportprohibited.

1. The primary responsibilities of the PlanningDivision are to:

(a) Develop and coordinate balanced transportationpolicy and planning which are consistent with the social, economic andenvironmental goals of the State. The plan must be designed to meet the presentand future needs of the State and local areas of the State for adequate, safeand efficient transportation facilities and services at a reasonable cost tothe taxpayer.

(b) Coordinate local plans for balanced transportationfacilities and services and assist in application for federal grants which mustbe submitted through an appropriate or designated state agency. The facilitiesand services may include, but are not limited to, highways, pathways andspecial lanes for bicycles, railways, urban public transportation and aviation.The authority and duties of the Department with respect to aviation are limitedto areas outside the jurisdiction of any airport authority.

2. The Planning Division, in cooperation with otherstate agencies and with agencies of local government, shall:

(a) Establish planning techniques and processes for allmodes of transportation at an appropriate level, according to the requirementsof the State and local areas of the State.

(b) Prepare, revise when appropriate, providesupporting information for and assist in carrying out the transportation planby providing assistance in the development of the Departments capital programfor all modes of transportation.

(c) Test and evaluate the policies, plans, proposals,systems, programs and projects of the Department within the framework of thegoals of the Department.

(d) Conduct research in planning techniques, travelneeds, transportation potential for the State, investigating, testing anddemonstrating methods and equipment suitable for application to the problems oftransportation facing the State.

3. The Department shall not operate any railroad orairport.

(Added to NRS by 1979, 1782; A 1991, 2233)

NRS 408.234 MotorVehicle Recovery and Transportation Planner: Creation; duties.

1. The position of Motor Vehicle Recovery andTransportation Planner is hereby created in the Department.

2. The Motor Vehicle Recovery and TransportationPlanner shall:

(a) Develop and administer a plan for the constructionof motor vehicle recovery and bicycle lanes that are not less than 3 feet widein all new construction and major repair work on every highway in the State, inaccordance with appropriate standards of design;

(b) Develop a plan for the maintenance of motor vehiclerecovery and bicycle lanes throughout the State;

(c) Prepare and distribute information on motor vehiclerecovery and bicycle lanes, bicycle safety manuals and bicycle route maps throughoutthe State;

(d) Develop standards for the design of motor vehiclerecovery and bicycle lanes and bicycle paths and routes;

(e) Develop standardized signs and markings whichindicate bicycle lanes;

(f) Determine where appropriate signs and markings willbe located on state highways and coordinate their placement;

(g) Establish a statewide plan of motor vehiclerecovery and bicycle lanes and bicycle paths and routes and update the planannually;

(h) Identify projects which are related to motor vehiclerecovery and bicycle lanes and place each project in its proper order ofpriority;

(i) Investigate possible sources of money which may beavailable to promote motor vehicle recovery and bicycle lanes and bicyclefacilities and programs throughout this state and solicit money from thosesources;

(j) Provide assistance to the Department of MotorVehicles and the Department of Public Safety in coordinating activities whichare related to motor vehicle and bicycle safety in the communities of thisstate;

(k) Investigate the programs of the Rails-to-TrailsConservancy and where feasible, participate in those programs;

(l) Identify the potential effect of bicycle programson tourism in this state; and

(m) Carry out any other duties assigned to him by theDirector.

3. The Director may remove any of the duties set outin subsection 2 if he determines that the duty is no longer necessary orappropriate.

(Added to NRS by 1991, 2235; A 2001, 2605)

FINANCING HIGHWAYS AND ROADS

NRS 408.235 StateHighway Fund: Creation; sources; uses; payment of bills.

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 theimposition of any:

(a) License or registration fee and other charges withrespect 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,

must bedeposited in the State Highway Fund and must, except for costs of administeringthe collection thereof, be used exclusively for administration, construction,reconstruction, improvement and maintenance of highways as provided for in thischapter.

3. The interest and income earned on the money in theState Highway Fund, after deducting any applicable charges, must be credited tothe Fund.

4. Costs of administration for the collection of theproceeds for any license or registration fees and other charges with respect tothe operation of any motor vehicle must be limited to a sum not to exceed 22percent of the total proceeds so collected.

5. Costs of administration for the collection of anyexcise tax on gasoline or other motor vehicle fuel must be limited to a sum notto exceed 1 percent of the total proceeds so collected.

6. All bills and charges against the State HighwayFund for administration, construction, reconstruction, improvement andmaintenance of highways under the provisions of this chapter must be certifiedby the Director and must be presented to and examined by the State Board ofExaminers. When allowed by the State Board of Examiners and upon being auditedby the State Controller, the State Controller shall draw his warrant thereforupon 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)

NRS 408.240 StateHighway Revolving Account: Establishment; use; warrants; deposit; transfers toState Highway Fund.

1. The State Highway Revolving Account is herebyestablished in an amount not to exceed $500,000. The money in the Account maybe used by the Department to provide advances to employees of the Departmentfor travel expenses and subsistence allowances and for paying travel expensesand subsistence allowances and other charges and obligations requiring promptpayment, and for no other purposes.

2. The State Controller shall draw his warrant toestablish an amount of $125,000 in the account. Thereafter, upon writtenrequest of the Board, as it deems increases in the Account to be necessary, theController shall draw additional warrants. Upon presentation of such a warrantto the State Treasurer, the State Treasurer shall pay it.

3. All money paid by the Department from the StateHighway Revolving Account must, after payment thereof, be passed upon by theState 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 drawhis warrant for the amount of the money paid in favor of the State HighwayRevolving Account to be paid to the order of the Director, and the StateTreasurer shall pay the warrant.

4. The Director shall deposit the State HighwayRevolving Account in one or more banks or credit unions of reputable standingand secure the deposit by a depositary bond satisfactory to the State Board ofExaminers.

5. A least once each calendar quarter, the Directorshall transfer any interest and other income earned on the money in the StateHighway 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)

NRS 408.245 Acceptanceof federal acts.

1. The State of Nevada and its Department herebyaccepts and assents to the provisions of:

(a) The Federal Aid Road Act, being an Act of Congressentitled An Act to provide that the United States shall aid the States in theconstruction 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 Congressentitled An Act To amend the Act entitled An Act to provide that the UnitedStates shall aid the States in the construction of rural post roads, and forother purposes, approved July 11, 1916, as amended and supplemented, and forother purposes, approved November 9, 1921 (c. 119, 42 Stat. 212).

2. The State and its Department accepts as acontinuing obligation any and all acts amendatory or supplementary to suchfederal acts.

(Added to NRS by 1957, 671)

NRS 408.250 Federalacts: State highways; contracts; pledge to match federal money.

1. The Department is authorized:

(a) To enter into all contracts and agreements with theUnited States Government relating to the engineering, planning, surveying andpreparing of plans, acquiring of property, constructing and maintaining ofhighways under the provisions of the Acts of Congress described in NRS 408.245, and the rules and regulationspromulgated thereunder by the Secretary of Commerce and the Federal HighwayAdministrator.

(b) To submit such schemes, plans and programs ofconstruction and maintenance as may be required by the Secretary of Commerceand the Federal Highway Administrator.

(c) To do all other things necessary to carry out thecooperation and programs contemplated and provided for by such federal acts.

2. For the engineering, planning, constructing andimproving of highways and roads provided under the Federal Aid Road Act, thegood faith of the State is hereby pledged to make funds available sufficient tomatch in the proportion designated in the Federal Aid Road Act the sums ofmoney apportioned to the State by or under the United States Government, and tomaintain at its own expense the highways so constructed with the aid of fundsso designated, and to make adequate provisions for carrying out suchmaintenance.

(Added to NRS by 1957, 671; A 1965, 1075)

NRS 408.255 Federalacts: Secondary and feeder highways; contracts; pledge to match federal money.

1. The Department is authorized:

(a) To enter into all contracts and agreements with theUnited States Government relating to the engineering, planning, surveying,preparing of plans, acquiring of property, constructing and maintaining ofsecondary and feeder highways and roads.

(b) To submit such schemes, plans and programs ofconstruction and maintenance as may be required by the Secretary of Commerceand the Federal Highway Administrator.

(c) To do all other things necessary to carry out thecooperation and programs contemplated and provided for by such federal acts inthe construction and maintenance of such secondary and feeder highways androads, including farm-to-market, mine-to-market, rural free delivery, publicschool bus and other rural roads.

2. For the engineering, planning, constructing andimproving of such secondary and feeder highways and roads under the Acts ofCongress described in NRS 408.245, thegood faith of the State is hereby pledged to make available funds sufficient tomatch, in the proportion designated in such acts, the sums of money apportionedto the State by or under the United States Government and to maintain at itsown expense the highways and roads so constructed with the aid of funds so designatedand make adequate provisions for carrying out such maintenance.

(Added to NRS by 1957, 671; A 1965, 1075)

NRS 408.260 Federallands: Construction and maintenance of highways; availability of federal money.

1. The Department is authorized to enter intocontracts and agreements with agencies of the Federal Government in mattersconcerning the construction, reconstruction, improvement and maintenance ofhighways as provided in this chapter when such highways enter upon or traverselands under the ownership or control of such federal agencies.

2. When federal moneys for such construction,reconstruction, improvement and maintenance have been appropriated and madeavailable under Acts of Congress other than those acts described in NRS 408.245, the Department is authorizedto receive the same.

(Added to NRS by 1957, 672)

NRS 408.265 Federalmoney deposited in State Highway Fund. Allmoney received from the Government of the United States and by virtue of the provisionsof any Act of Congress for the engineering, planning, surveying, acquiring ofproperty, constructing, reconstructing or improving of any highway in the Statemust be put into the State Treasury and become a part of the State Highway Fundand that Fund must not be used for any other purpose.

(Added to NRS by 1957, 672; A 1967, 1742; 1985, 704)

NRS 408.270 Vouchersfor payment; temporary transfer of money from State General Fund to StateHighway Fund.

1. At least once each month the Director shall filewith the State Controller a certificate showing the number and amount ofvouchers filed with the division engineer of the Federal Highway Administrationhaving jurisdiction over highway construction in the State of Nevada, forpayment out of the apportionment made to the state under appropriations made byCongress for aid to the various states for highway purposes.

2. Whenever claims payable out of the State HighwayFund and properly approved by the State Board of Examiners exceed the amountthat is available in the State Highway Fund, the State Controller may transfertemporarily from the State General Fund to the State Highway Fund such amountas may be required to pay the claims, but not more than 50 percent of theamount collectible from the Government of the United States as shown by thevouchers mentioned in subsection 1.

(Added to NRS by 1957, 672; A 1965, 1076; 1979, 1769;1987, 717)

NRS 408.271 Departmentmay expend money to conduct studies and match federal money for capitalacquisitions. The Department may expend money,when authorized by the Legislature for expenditure from the interest earned byinvestment of the State Highway Fund, to conduct studies of transportation orto match for capital acquisition only, in the proportion designated in thefollowing acts, the sums of money apportioned by the Federal Government to anyof the political subdivisions of the State or any private corporation orassociation 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.88365) and amendments made by the Federal-Aid Highway Act of 1973 (P.L. 9387,August 13, 1973), the Surface Transportation Assistance Act of 1978 (P.L.95599, 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.89670) and amendments made by the Local Rail Service Assistance Act of 1978(P.L. 95607, November 8, 1978) and any amendments thereto made after July 1,1981.

(Added to NRS by 1981, 1287)

NRS 408.273 Issuanceof bonds.

1. The State Board of Finance shall, when so requestedby the Board, issue special obligation bonds of the State of Nevada to providemoney to enable the Department to complete pending and currently projectedhighway construction projects, in an amount specified in the request. The bondsmay be issued at one time or from time to time, and must be issued inaccordance with the State Securities Law. These bonds must be secured by:

(a) A pledge of the appropriate federal highway grantspayable to the State; or

(b) The appropriate federal highway grants payable tothe State and taxes which are credited to the State Highway Fund,

and mustmature within not more than 20 years from their date.

2. The Department shall cooperate with the StateTreasurer 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 thebonds.

(Added to NRS by 1979, 1259; A 1987, 1803; 1989,1301; 1997, 506, 3013; 1999,73)

NRS 408.275 Surveys,maps and studies of traffic; roadside parks; rest areas; receipt of federalmoney; regulations.

1. The Department shall prepare highway planningsurveys, maps and traffic studies for the purposes of securing, preserving andfurnishing all necessary information relative to all highways of the State.

2. The Department may construct and maintain roadsideparks for the convenience of the traveling public at such locations as theDirector selects.

3. In order to provide information for the travelingpublic, the Director may maintain maps, informational directories andadvertising pamphlets at safety rest areas. The Director may, with theconcurrence of the Board, contract with persons experienced in financing andoperating centers for the dissemination of maps, directories, advertisingpamphlets and other information of interest to the traveling public by leasingto those persons available land at safety rest areas for such periods of timeand for such considerations as are determined by the Director to be in the bestinterests of the State of Nevada.

4. The Department may receive any federal moneyavailable for the purposes of this section under the federal acts described in NRS 408.245.

5. The Department shall adopt appropriate regulationsgoverning 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)

NRS 408.280 Programfor work on highways: Contents; distribution.

1. On or before July 15 of each year the Board shallprepare and present to the Governor a detailed proposed work program, the formand content to be determined by the Board, for the fiscal year ending thefollowing June 30, stating therein the amount, character, and nature of the construction,reconstruction and improvements to be initiated on the highways within therespective counties of the State during the ensuing fiscal year, together withan estimate of the cost to complete such work.

2. The Board shall cause a copy of the proposed workprogram to be printed and a copy mailed to the chairman of the board of countycommissioners of the several counties of the State, and a copy must befurnished to all news media in the State.

(Added to NRS by 1957, 673; A 1965, 999; 1975, 139;1987, 1803; 1989, 1302)

NRS 408.281 Programfor work on highways: Inclusion of designated projects for use of recycledproducts. The Department shall submit forapproval to the Board of Directors, as a part of the annual work program,designated projects for the use of recycled products. The designated projectsmust:

1. Be comprised of projects for highway construction,reconstruction, surface overlay or surface sealing for which competitive bidshave been submitted and use in the surfacing mixture at least 15 percent byweight recycled asphalt or other recycled products, such as crumb rubber fromtires, ash, plastics, glass or glassy aggregates.

2. Be comprised of equipment used in highwayconstruction, including, but not limited to, barriers and markers that are madefrom recycled products.

(Added to NRS by 1991, 1675)

IMPROVEMENT OF COUNTY ROADS

NRS 408.283 Cooperativeagreements between Department of Transportation and county commissioners.

1. The Department may enter into cooperativeagreements with any board of county commissioners in the State for theimprovement of any road.

2. Roads improved pursuant to this section must belongto the county and must be maintained at the expense of the county.

3. Each agreement entered into pursuant to thissection is effective upon the approval of the Board of Directors of theDepartment of Transportation, and no money may be expended pursuant to anagreement except upon authorization by the Board.

(Added to NRS by 1971, 602; A 1977, 224; 1987, 1804;1989, 1302)

NRS 408.2831 Contentsof agreement. Every agreement entered into pursuantto NRS 408.283 shall specify:

1. The type of improvement required to produce anadequate road.

2. The percentage of the cost or participation of theState.

3. The percentage of the cost or participation of thecounty.

(Added to NRS by 1971, 602)

NRS 408.2832 Priorityof improvement projects; determination of ability of county to perform.

1. The Board shall determine the priority ofimprovement of any road proposed pursuant to NRS408.283.

2. The Board shall not authorize the expenditure ofmoney for any agreement entered into pursuant to NRS 408.283 until it first determines thatthe county is able to perform its pro rata share of the improvement and that itwill maintain the project as required by the agreement.

(Added to NRS by 1971, 602; A 1987, 1804; 1989, 1303)

NRS 408.2833 Standardsfor project. The Department shall determinestandards to be met in the project.

(Added to NRS by 1971, 602)

STATE HIGHWAY SYSTEM

NRS 408.285 Statehighways; designation of other highways and roads as state highways and stateroutes; route numbers; roads for state parks.

1. Except as provided in subsection 2, only thosehighways which are owned and maintained by the Department in accordance withthe provisions of this chapter are state highways, and the Department isresponsible for their construction, reconstruction, improvement andmaintenance. Money available to the State through the Acts of Congressdescribed in NRS 408.245 or any otherfederal acts may be used therefor. When federal money is made available underfederal acts authorizing the use of federal money to build roads in thenational forests, the Board may set aside for that purpose and expend highwaymoney on state highways built by the Federal Government.

2. Unless it has been expressly designated as a statehighway, every other highway, road, street, lane, sidewalk, alley, pathway,waterway or any other way for the passage of a person, animal or vehicle is nota state highway, and the Department is not liable for any damage arising fromthe 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 awritten agreement properly executed by the Director and recorded in the countyin which the highway is located.

3. Other highways may be designated by the Director asstate routes if:

(a) They connect or extend existing state highways; or

(b) Their construction, reconstruction, improvement andmaintenance by the Department is anticipated within a reasonable period.

4. For administrative purposes all state highways androutes may be selected, designated and assigned route numbers by the Director.Numbers selected may conform so far as possible to applicable federaldesignations of routes.

5. All roads connecting state parks with state orcounty highways or city streets, where the title thereto is in the State, areparts of the state highway system and may be maintained by the State. TheDepartment may construct and maintain roads within state parks subject to approvalof locations and design by the Division of State Parks of the State Departmentof 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)

NRS 408.290 Procedurefor establishment of new routes. TheDepartment may establish new routes into or in the vicinity of municipalitiesand metropolitan areas with the approval of the board of county commissionersof the county in which an addition is proposed and with the approval of thecity council of any incorporated city directly affected.

(Added to NRS by 1957, 673; A 1959, 599; 1977, 225)

NAMES AND MARKERS OF HIGHWAYS

NRS 408.303 U.S.Highway No. 6 designated as Grand Army of the Republic Highway; placement ofmarkers.

1. United States Highway No. 6, as now or hereafterlocated in this state, is designated as Grand Army of the Republic Highway andU.S. 6.

2. The Director shall place suitable markers along thehighway 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)

NRS 408.307 ComstockHighway: Designation; placement of markers.

1. The state highways which connect Virginia City withother state highways are collectively designated as the Comstock Highway.

2. The Director shall place suitable markers along thehighway 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)

NRS 408.309 Designationof Route 94. Route 94 begins at a point on thePahrump 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 RockCanyon Road approximately 11 miles west of Las Vegas.

(Added to NRS by 1989, 1569)

CONSTRUCTION, IMPROVEMENT AND MAINTENANCE OF HIGHWAYS

General Provisions

NRS 408.313 Mannerof construction. All highways constructedunder the provisions of this chapter shall be constructed in such manner as toprovide for sufficient and permanent drainage and of such materials as toinsure, 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 beaccommodated and the interests of the public to be served.

(Added to NRS by 1957, 682)(Substituted in revisionfor NRS 408.850)

NRS 408.317 Supervisionof work by Director; payments from State Highway Fund.

1. Except as otherwise provided in NRS 408.3875 to 408.3887, inclusive, all work ofconstruction, reconstruction, improvement and maintenance of highways asprovided under the provisions of this chapter is under the supervision anddirection 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 whenperformed 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)

NRS 408.319 Reportof projects for construction and maintenance: Preparation; contents; revision;public inspection.

1. The Department shall prepare and make available forpublic inspection a report of its projects for the construction and maintenanceof highways. The report must include:

(a) A description of the Departments work in progressand its proposed projects;

(b) The cost of each project, including the anticipatedcost for:

(1) The acquisition of rights-of-way;

(2) Design and engineering; and

(3) Construction; and

(c) The estimated starting dates for each project andthe components of each project.

2. The report must be revised every 6 months toindicate any change in the cost of a project or the component of a project, andany change in the starting or completion date of a project.

3. The Department shall make the report available forpublic inspection at its office during normal business hours.

(Added to NRS by 1991, 1904)

NRS 408.321 Considerationof motor vehicle recovery lanes, bicycle lanes, various services for bicyclesand turnouts for slower vehicles. TheDepartment shall, in accordance with appropriate standards of design:

1. Integrate the consideration of motor vehiclerecovery and bicycle lanes and bicycle routes, facilities and signs into allplans, designs, construction and maintenance of highways; and

2. To the extent practicable, integrate theconsideration of periodic turnouts for slower vehicles into plans, designs,construction and maintenance of highways that have one lane for traveling ineach direction.

(Added to NRS by 1991, 2236; A 2001, 1507)

NRS 408.323 Conditionsfor execution of work without contract; work resulting from disaster oremergency.

1. Whenever it can be justified by the Director thatlimited work or improvements can be done in a more economical or othersatisfactory manner than by contract under NRS408.327, the Director may, with the approval of the Board, execute suchwork or improvements with Department facilities and employees.

2. In the event of disaster or great emergency theDirector may, with the approval of the Board, hire, employ or contract for suchlabor, materials and equipment as are in his opinion necessary to reroute,repair or replace any highway threatened or damaged by the emergency ordisaster, and the provisions of NRS 408.327and 408.367 do not apply.

(Added to NRS by 1957, 682; A 1979, 1771; 1987, 1805;1989, 1303)

NRS 408.327 Advertisementfor bids; publication. Except as otherwiseprovided in sections NRS 408.3875 to 408.3887, inclusive:

1. Whenever the provisions of NRS 408.323 do not apply, the Directorshall advertise for bids for such work according to the plans andspecifications prepared by him.

2. The advertisement must state the place where thebidders may obtain or inspect the plans and specifications and the time andplace for opening the plans and specifications.

3. Publication of the advertisement must be made atleast once a week for 2 consecutive weeks for a total of at least twopublications in a newspaper of general circulation in the county in which themajor portion of the proposed improvement or construction is to be made, andthe advertisement must also be published at least once a week for 2 consecutiveweeks for a total of at least two publications in one or more daily papers ofgeneral circulation throughout the State. The first publication of theadvertisement in the daily newspapers having general circulation throughout thestate 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)

NRS 408.333 Bidsand bidders: Experience and financial ability; hearing upon disqualification;appeal of decision. Except as otherwiseprovided in NRS 408.3875 to 408.3887, inclusive:

1. Before furnishing any person proposing to bid onany advertised work with the plans and specifications for such work, theDirector shall require from the person a statement, verified under oath, in theform of answers to questions contained in a standard form of questionnaire andfinancial statement, which must include a complete statement of the personsfinancial ability and experience in performing public work of a similar nature.

2. Such statements must be filed with the Director inample time to permit the Department to verify the information contained thereinin advance of furnishing proposal forms, plans and specifications to any personproposing to bid on the advertised public work, in accordance with theregulations of the Department.

3. Whenever the Director is not satisfied with thesufficiency of the answers contained in the questionnaire and financialstatement, he may refuse to furnish the person with plans and specificationsand the official proposal forms on the advertised project. Any bid of anyperson to whom plans and specifications and the official proposal forms havenot been issued in accordance with this section must be disregarded, and thecertified check, cash or undertaking of such a bidder returned forthwith.

4. Any person who is disqualified by the Director, inaccordance with the provisions of this section, may request, in writing, ahearing before the Director and present again his check, cash or undertakingand such further evidence with respect to his financial responsibility,organization, plant and equipment, or experience, as might tend to justify, inhis opinion, issuance to him of the plans and specifications for the work.

5. Such a person may appeal the decision of theDirector to the Board no later than 5 days before the opening of the bids onthe project. If the appeal is sustained by the Board, the person must begranted 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)

NRS 408.337 Bidsand bidders: Security; forfeiture; refunds. Exceptas otherwise provided in NRS 408.3875to 408.3887, inclusive:

1. All bids must be accompanied by an undertakingexecuted by a corporate surety authorized to do business in the State, or bycash or a certified check in an amount equal to at least 5 percent of theamount bid.

2. If the successful bidder fails to execute thecontract in accordance with his bid and give any bond required by law and thecontract and bond are not postmarked or delivered to the Department within 20days after award of the contract, the undertaking, cash or certified check isforfeited and the proceeds must be paid into the State Highway Fund.

3. The failure of the successful bidder to furnish anybond required of him by law within the time fixed for his execution of thecontract constitutes a failure to execute the contract.

4. If the Director deems it is for the best interestsof the State, he may, on refusal or failure of the successful bidder to executethe contract, award it to the second lowest responsible bidder. If the secondlowest responsible bidder fails or refuses to execute the contract, theDirector may likewise award it to the third lowest responsible bidder. On thefailure or refusal to execute the contract of the second or third lowest bidderto whom a contract is so awarded, their bidders security is likewise forfeitedto the State.

5. The bidders security of the second and thirdlowest responsible bidders may be withheld by the Department until the contracthas been finally executed and the bond given as required under the provisionsof the contract, at which time the security must be returned. The bidderssecurity submitted by all other unsuccessful bidders must be returned to themwithin 10 days after the contract is awarded.

(Added to NRS by 1957, 683; A 1979, 1772; 1999, 3488; 2001, 2022; 2003, 119)

NRS 408.343 Bidsand bidders: Procedure for award of contract. Exceptas otherwise provided in NRS 408.3875to 408.3887, inclusive:

1. All bids must be submitted under sealed cover andreceived at the address in Nevada stated in the advertisement for bids and mustbe opened publicly and read at the time stated in the advertisement.

2. No bids may be received after the time stated inthe advertisement even though bids are not opened exactly at the time stated inthe advertisement. No bid may be opened before that time.

3. Any bid may be withdrawn at any time before thetime stated in the advertisement only by written request or telegram filed withthe 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 anew 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, containirregularities of any kind or for any good cause.

5. Until the final award of the contract, theDepartment may reject or accept any bids and may waive technical errorscontained in the bids, as may be deemed best for the interests of the State.

6. In awarding a contract, the Department shall makethe award to the lowest responsible bidder who has qualified and submitted hisbid 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)

NRS 408.346 Monetaryincentive for early completion of contract.

1. Any contract made or awarded by the Department forthe construction, improvement, maintenance or repair of a highway or anappurtenance to that highway may include a provision for the payment of anadditional amount of money to the person with whom the contract is made or towhom it is awarded if he satisfactorily completes the construction,improvement, maintenance or repair of the highway or appurtenance before thedate for completion of that construction, improvement, maintenance or repairset forth in the contract.

2. The amount of money to be paid pursuant to aprovision included in a contract specified in subsection 1 and the date beforewhich the work must be completed must be determined by the Department.

(Added to NRS by 1999, 1652)

NRS 408.347 Executionof contract in name of State; copies filed with Department and countycommissioners.

1. All construction contracts authorized by NRS 408.327 must be executed in the name ofthe State of Nevada and must be signed by the Chairman of the Board andattested by the Director, under the seal of the Department, signed by the contractingparty or parties, and the form and legality of such contracts approved by theAttorney General or Chief Counsel of the Department.

2. When the contract is fully executed, a copy of thesame, including plans and specifications, must be filed in the office of theDepartment at Carson City, Nevada, and with the clerk of the board of countycommissioners of the county in which the work is to be performed.

(Added to NRS by 1957, 684; A 1979, 1773; 1987, 1806;1989, 1304)

NRS 408.353 Interestof member of Board, officer or employee prohibited; exception; voidability;penalties.

1. Except as otherwise provided in subsection 2, allmembers of the Board, directors and other officers or employees of theDepartment are prohibited from having any interest, directly or indirectly, inany contract entered into by the Department.

2. If the Director of the Department deems itnecessary to enter into a contract with one of the persons described insubsection 1, he shall submit the proposed contract to the State Board ofExaminers for approval. Upon its approval, the Director may enter into thecontract.

3. Any contract made in violation of this section maybe declared void at the instance of the State or any person interested in thecontract except a person prohibited from being interested in it.

4. Any person violating the provisions of thissection, directly or indirectly, is guilty of a gross misdemeanor, forfeits hisoffice and is forever disqualified from holding any public office in thisstate.

(Added to NRS by 1957, 684; A 1967, 573; 1975, 934;1977, 1113; 1979, 1774; 1985, 704; 1987, 1806; 1989, 1304)

NRS 408.354 Contractawarded to railroad company may provide under certain circumstances thatrailroad company is exempt from requirements concerning bonds. If the Director awards to a railroad company a contractfor a project for the construction, reconstruction, improvement or maintenanceof a highway and the project is located on property that is owned by or underthe control of the railroad company, the contract may provide that the railroadcompany is not required to file, furnish or obtain a payment bond, performancebond or any other bond that would otherwise be required pursuant to theprovisions of this chapter.

(Added to NRS by 2001, 636)

NRS 408.357 Bidsand bidders: Bonds required of successful bidders; exception; conditions;sureties.

1. Except as otherwise provided in NRS 408.354, every contract must providefor the filing and furnishing of one or more bonds by the successful bidder,with corporate sureties approved by the Department and authorized to dobusiness in the State, in a sum equal to the full or total amount of thecontract awarded. The bond or bonds must be performance bonds or labor andmaterial bonds, or both.

2. The performance bonds must:

(a) Guarantee the faithful performance of the contractin accordance with the plans, specifications and terms of the contract.

(b) Be maintained for 1 year after the date ofcompletion of the contract.

3. The labor and material bonds must:

(a) Secure payment of state and local taxes relating tothe contract, premiums under the Nevada Industrial Insurance Act, contributionsunder the Unemployment Compensation Law, and payment of claims for labor,materials, provisions, implements, machinery, means of transportation orsupplies furnished upon or used for the performance of the contract; and

(b) Provide that if the contractor or hissubcontractors, or assigns, fail to pay for such taxes, premiums,contributions, labor and materials required of, and used or consumed by, thecontractor or his subcontractors, the surety shall make the required payment inan amount not exceeding the total sum specified in the bond together withinterest at a rate of 8 percent per annum.

All suchbonds must be otherwise conditioned as required by law or the Department.

4. No person bidding for work or submitting proposalsunder the provisions of this chapter may be accepted as surety on any bond.

5. Whenever the Department has cause to believe thatthe sureties or any of them have become insufficient, it may demand in writingof the contractor such further bonds or additional sureties, in a total sum notexceeding that originally required, as are necessary, considering the extent ofthe work remaining to be done. Thereafter no payment may be made upon thecontract to the contractor or any assignee of the contractor until the furtherbonds or additional sureties have been furnished.

6. The Department in every contract may require thefurnishing of proof by the successful bidder of public liability and insurancecoverage for damage to property.

(Added to NRS by 1957, 684; A 1987, 1806; 2001, 636)

NRS 408.363 Claimsagainst contractors bond; action against surety.

1. Any person who has furnished labor, materials,provisions, implements, machinery, means of transportation or supplies used orconsumed by such contractor or his or its subcontractors in or about theperformance of the work contracted to be done, and whose claim therefor has notbeen paid by such contractor or subcontractors, and who desires to be protectedunder the bond, shall file with the Department a claim in triplicate within 30days from the date of final acceptance of the contract as provided in NRS 408.387, and such claim shall beexecuted and verified before a notary public and contain a statement that thesame has not been paid. One copy shall be filed in the office of the Departmentand the remaining copies shall be forwarded to the contractor and surety.

2. Any such person so filing a claim may at any timewithin 6 months thereafter commence an action against the surety or sureties onthe bond for the recovery of the amount of the claim and the filing of suchclaim shall not constitute a claim against the Department. Failure to commencesuch action upon the bond and the sureties within 6 months after date of theDepartments final acceptance will bar any right of action against such suretyor sureties.

(Added to NRS by 1957, 685; A 1967, 348)(Substitutedin revision for NRS 408.900)

NRS 408.367 Projectnot exceeding $250,000: Informal bids; advertisement; mailing of invitation tobid; contract; bonds; exception.

1. With the approval of the Board, the Director mayreceive 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 accordancewith due advertisement thereof being published for at least one publication inany newspaper or publication.

3. The Department shall mail a copy of the bidinvitation to all bidders who are on record with the Department as desiring toreceive 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 tothe provisions of this section must be accompanied by bonds and conditioned andexecuted in the name of the State of Nevada, and must be signed by the Directorunder the seal of the Department, and by the contracting party or parties. Theform and legality of those contracts must be approved by the Attorney Generalor 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)

NRS 408.373 Contractor:Compliance with state laws concerning workers compensation and unemploymentcompensation; compliance with other laws.

1. Before paying any money or drawing his warrant inpayment to a person to whom a contract is awarded, the State Controller shallrequire satisfactory evidence of his compliance with the requirements toprovide workers compensation pursuant to chapters616A to 617, inclusive, of NRS and of hispayment of the contributions and payments required by chapter 612 of NRS, and he shall withhold paymentto the contractor or his assigns until the evidence is provided.

2. If a contractor fails to provide the requiredcoverage, the State Controller may make the payments for this purpose to aprivate carrier on his own behalf from money withheld pursuant to theprovisions of subsection 1.

3. Failure to comply with all federal, state and locallaws, rules, regulations and ordinances is sufficient cause to withhold anymoney due the contractor until compliance therewith.

(Added to NRS by 1957, 686; A 1963, 975; 1985, 288;1989, 1534; 1995, 2045; 1999, 1844)

NRS 408.377 Subcontractor:Approval; compliance with laws.

1. No prime or general contractor shall assign orsublet 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 orspecifications.

2. All subcontractors and assignees of the prime orgeneral contractor shall be required to comply with the provisions of NRS 408.373 in the same manner as the primeor general contractor.

(Added to NRS by 1957, 686)(Substituted in revisionfor NRS 408.915)

NRS 408.383 Contractor:Partial payments; percentage retained; substitution of certain obligations forretained payments; period for dispersal of money by contractor tosubcontractors; rate of interest on delinquent dispersal; procedure forresolution of dispute over dispersal.

1. Except as otherwise provided in subsections 2, 11and 12, the Director may pay at the end of each calendar month, or as soonthereafter as practicable, to any contractor satisfactorily performing anyhighway improvement or construction as the work progresses in full for the workas completed but not more than 95 percent of the entire contract price. The progressestimates must be based upon materials in place, or on the job site, or at alocation approved by the Director, and invoiced, and labor expended thereon.The remaining 5 percent, but not more than $50,000, must be retained until theentire contract is completed satisfactorily and accepted by the Director.

2. If the work in progress is being performed on asatisfactory basis, the Director may reduce the percentage retained if he findsthat sufficient reasons exist for additional payment and has obtained writtenapproval from every surety furnishing bonds for the work. Any remaining moneymust be retained until the entire contract is completed satisfactorily andaccepted by the Director.

3. If it becomes necessary for the Department to takeover the completion of any highway contract or contracts, all of the amountsowing the contractor, including the withheld percentage, must first be appliedtoward the cost of completion of the contract or contracts. Any balanceremaining in the retained percentage after completion by the Department ispayable to the contractor or the contractors creditors.

4. Such retained percentage as may be due anycontractor is due and payable at the expiration of the 30-day period asprovided in NRS 408.363 for filing ofcreditors claims, and this retained percentage is due and payable to thecontractor at that time without regard to creditors claims filed with theDepartment.

5. The contractor under any contract made or awardedby 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 dueto the contractor under the contract which are retained by the Department,pursuant to the terms of the contract, if the contractor deposits with theDirector:

(a) United States treasury bonds, United Statestreasury notes, United States treasury certificates of indebtedness or UnitedStates treasury bills;

(b) Bonds or notes of the State of Nevada; or

(c) General obligation bonds of any politicalsubdivision of the State of Nevada.

Certificatesof 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 retainedunder the contract.

6. The Director has the power to enter into a contractor agreement with any national bank, state bank, credit union, trust company orsafe deposit company located in the State of Nevada, designated by thecontractor after notice to the owner and surety, to provide for the custodialcare and servicing of any obligations deposited with him pursuant to thissection. Such services include the safekeeping of the obligations and therendering 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 ofNevada, designated by the contractor to serve as custodian for the obligationspursuant to subsection 6, shall collect all interest or income when due on theobligations so deposited and shall pay them, when and as collected, to thecontractor who deposited the obligation. If the deposit is in the form ofcoupon bonds, the Director shall deliver each coupon as it matures to the contractor.

8. Any amount deducted by the State of Nevada, orpursuant to the terms of a contract, from the retained payments otherwise dueto the contractor thereunder, must be deducted first from that portion of theretained payments for which no obligation has been substituted, then from theproceeds of any deposited obligation. In the latter case, the contractor isentitled to receive the interest, coupons or income only from those obligationswhich remain on deposit after that amount has been deducted.

9. A contractor shall disburse money paid to himpursuant to this section, including any interest that the contractor receives,to his subcontractors and suppliers within 15 days after he receives the moneyin the proportion that the value of the work performed by each subcontractor orthe materials furnished by each supplier bears to the total amount of thecontract between the principal contractor and the Department.

10. Money payable to a subcontractor or supplieraccrues interest at a rate equal to the lowest daily prime rate at the threelargest banks in the United States on the date the subcontract or order forsupplies was executed plus 2 percent, from 15 days after the money was receivedby the principal contractor until the date of payment.

11. If a contractor withholds more than 10 percent ofa payment required by subsection 9, the subcontractor or supplier may informthe Director in writing of the amount due. The Director shall attempt toresolve the dispute between the contractor and the subcontractor or supplierwithin 20 working days after the date that the Director receives notice of theamount due. If the dispute is not resolved within 20 working days after thedate that the Director receives notice of the amount due, the contractor shalldeposit the disputed amount in an escrow account that bears interest. Thecontractor, subcontractor or supplier may pursue any legal or equitable remedyto resolve the dispute over the amount due. The Director may not be made aparty to any legal or equitable action brought by the contractor, subcontractoror supplier.

12. If the Director awards to a railroad company acontract for a project for the construction, reconstruction, improvement ormaintenance of a highway and the project is located on property that is ownedby or under the control of the railroad company, the Director may agree in thecontract 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)

NRS 408.387 Contract:Publication of notice of final acceptance; final settlement.

1. Before making final payment on any contract as providedin this chapter the Director shall cause the publication of a notice of thedate of final acceptance of the contract for a period of at least 2 weeks inevery issue of a newspaper of general circulation in the county wherein themajor portion of the contract work was performed, and such notice may also bepublished each day for a period of at least 10 days in one or more dailynewspapers of general circulation throughout the State.

2. No final settlement of the contract may be madewith the contractor until 30 days after the date of such final acceptance ofthe contract.

(Added to NRS by 1957, 687; A 1963, 977; 1969, 891;1979, 1776)(Substituted in revision for NRS 408.925)

Design-Build Contracts

NRS 408.3875 Definitions. As used in NRS408.3875 to 408.3887, inclusive,unless the context otherwise requires, the words and terms defined in NRS 408.3876 to 408.3879, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1999, 3482; A 2001, 2022; 2003, 119)

NRS 408.3876 Design-buildcontract defined. Design-build contractmeans a contract between the Department and a design-build team in which the design-buildteam agrees to design and construct a project.

(Added to NRS by 1999, 3482; A 2001, 2022; 2003, 119)

NRS 408.3877 Design-buildteam defined. Design-build team means anentity that consists of:

1. At least one person who is licensed as a generalengineering contractor or a general building contractor pursuant to chapter 624 of NRS; and

2. At least one person who holds a certificate ofregistration to practice architecture pursuant to chapter623 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)

NRS 408.3878 Primecontractor defined. Prime contractor meansa person who:

1. Contracts to construct an entire project;

2. Coordinates all work performed on the entireproject;

3. Uses his own workforce to perform all or a part ofthe construction of the project; and

4. Contracts for the services of any subcontractor orindependent contractor or is responsible for payment to any contractedsubcontractors or independent contractors.

(Added to NRS by 1999, 3483; A 2001, 2022; 2003, 119)

NRS 408.3879 Projectdefined. Project means a project for the construction,reconstruction or improvement of a highway.

(Added to NRS by 1999, 3483; A 2001, 2022; 2003, 119)

NRS 408.388 Projectsfor which Department may contract with design-build team.

1. Except as otherwise provided in NRS 408.5471 to 408.549, inclusive, the Department maycontract with a design-build team for the design and construction of a projectif the Department determines that:

(a) Except as otherwise provided in subsection 2, theestimated cost of the project exceeds $20,000,000; and

(b) Contracting with a design-build team will enablethe Department to:

(1) Design and construct the project at a costthat is significantly lower than the cost that the Department would incur todesign and construct the project using a different method;

(2) Design and construct the project in ashorter time than would be required to complete the project using a differentmethod, if exigent circumstances require that the project be designed andconstructed within a short time; or

(3) Ensure that the design and construction ofthe project is properly coordinated, if the project is unique, highly technicaland complex in nature.

2. Notwithstanding the provisions of subsection 1, theDepartment may, once in each fiscal year, contract with a design-build team forthe design and construction of a project the estimated cost of which is atleast $5,000,000 but less than $20,000,000 if the Department makes thedeterminations otherwise required pursuant to paragraph (b) of subsection 1.

(Added to NRS by 1999, 3483; A 2001, 2022; 2003, 119, 2031)

NRS 408.3881 Publicmeeting; notice.

1. The Department shall not contract with adesign-build team with respect to a project unless the Board makes thedeterminations, at a public meeting, that are required pursuant to NRS 408.388.

2. If the Department is required to hold a publicmeeting pursuant to this section, the Department shall publish notice of themeeting in a newspaper of general circulation in this state.

(Added to NRS by 1999, 3483; A 2001, 2018, 2022; 2003, 119)

NRS 408.3882 Procedurefor selecting design-build team. If the Departmentdesires to contract with a design-build team pursuant to NRS 408.388 and 408.3881, the Department must select thedesign-build team in accordance with NRS408.3883 to 408.3886, inclusive.

(Added to NRS by 1999, 3484; A 2001, 2022; 2003, 119)

NRS 408.3883 Preliminaryproposals: Advertisement by Department; publication; information available forinspection by design-build teams.

1. The Department shall advertise for preliminaryproposals for the design and construction of a project by a design-build teamin a newspaper of general circulation in this state.

2. A request for preliminary proposals published pursuantto subsection 1 must include, without limitation:

(a) A description of the proposed project;

(b) Separate estimates of the costs of designing andconstructing the project;

(c) The dates on which it is anticipated that theseparate phases of the design and construction of the project will begin andend;

(d) The date by which preliminary proposals must besubmitted to the Department, which must not be less than 30 days after the datethat the request for preliminary proposals is first published in a newspaperpursuant to subsection 1; and

(e) A statement setting forth the place and time inwhich a design-build team desiring to submit a proposal for the project mayobtain the information necessary to submit a proposal, including, withoutlimitation, the information set forth in subsection 3.

3. The Department shall maintain at the time and placeset forth in the request for preliminary proposals the following informationfor inspection by a design-build team desiring to submit a proposal for the project:

(a) The extent to which designs must be completed forboth preliminary and final proposals and any other requirements for the designand 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 useto evaluate design-build teams who submit a proposal for the project,including, without limitation:

(1) The relative weight to be assigned to eachfactor pursuant to NRS 408.3886; and

(2) A disclosure of whether the factors that arenot related to cost are, when considered as a group, more or less important inthe process of evaluation than the factor of cost;

(d) Notice that a design-build team desiring to submita proposal for the project must include with its proposal the information usedby the Department to determine finalists among the design-build teamssubmitting proposals pursuant to subsection 2 of NRS 408.3885 and a description of thatinformation;

(e) A statement that a design-build team whose primecontractor holds a certificate of eligibility to receive a preference inbidding on public works issued pursuant to NRS338.1389 or 338.147 should submit acopy of the certificate of eligibility with its proposal; and

(f) A statement as to whether a bidding design-buildteam that is selected as a finalist pursuant to NRS 408.3885 but is not awarded thedesign-build contract pursuant to NRS408.3886 will be partially reimbursed for the cost of preparing a finalproposal or best and final offer, or both, and, if so, an estimate of theamount of the partial reimbursement.

(Added to NRS by 1999, 3484; A 2001, 252, 2019, 2022; 2003, 119, 2522)

NRS 408.3884 Qualificationsof design-build team. To qualify to participatein the design and construction of a project for the Department, a design-buildteam must:

1. Except as otherwise provided in NRS 408.354, obtain a performance bond andpayment bond as the Department may require;

2. Obtain insurance covering general liability andliability for errors and omissions;

3. Not have been found liable for breach of contractwith respect to a previous project, other than a breach for legitimate cause;

4. Not have been disqualified from being awarded acontract pursuant to NRS 338.017, 338.13895, 338.1475 or 408.333; and

5. Ensure that the members of the design-build teampossess the licenses and certificates required to carry out the functions oftheir respective professions within this state.

(Added to NRS by 1999, 3485; A 2001, 252, 639, 2022; 2003, 119)

NRS 408.3885 Procedurefor selecting finalists from among design-build teams that submittedpreliminary proposals.

1. The Department shall select at least three but notmore than five finalists from among the design-build teams that submittedpreliminary proposals. If the Department does not receive at least threepreliminary proposals from design-build teams that the Department determines tobe qualified pursuant to this section and NRS408.3884, the Department may not contract with a design-build team for thedesign and construction of the project.

2. The Department shall select finalists pursuant tosubsection 1 by:

(a) Verifying that each design-build team whichsubmitted a preliminary proposal satisfies the requirements of NRS 408.3884; and

(b) Conducting an evaluation of the qualifications ofeach design-build team that submitted a preliminary proposal, including,without limitation, an evaluation of:

(1) The professional qualifications andexperience of the members of the design-build team;

(2) The performance history of the members ofthe design-build team concerning other recent, similar projects completed bythose members, if any;

(3) The safety programs established and thesafety records accumulated by the members of the design-build team;

(4) The proposed plan of the design-build teamto manage the design and construction of the project that sets forth in detailthe ability of the design-build team to design and construct the project; and

(5) The degree to which the preliminary proposalis responsive to the requirements of the Department for the submittal of apreliminary proposal.

(Added to NRS by 1999, 3485; A 2001, 2020, 2022; 2003, 119)

NRS 408.3886 Requestsfor final proposals and best and final offers: Selection or rejection ofproposal or offer; contents of contract between Department and design-buildteam; duties of design-build team.

1. After selecting the finalists pursuant to NRS 408.3885, the Department shall provideto each finalist a request for final proposals for the project. The request forfinal proposals must:

(a) Set forth the factors that the Department will useto select a design-build team to design and construct the project, includingthe relative weight to be assigned to each factor; and

(b) Set forth the date by which final proposals must besubmitted to the Department.

2. Except as otherwise provided in this subsection, inassigning the relative weight to each factor for selecting a design-build teampursuant to subsection 1, the Department shall assign, without limitation, arelative weight of 5 percent to the possession of a certificate of eligibilityto receive a preference in bidding on public works and a relative weight of atleast 30 percent for the proposed cost of design and construction of theproject. If any federal statute or regulation precludes the granting of federalassistance or reduces the amount of that assistance for a particular projectbecause of the provisions of this subsection relating to preference in biddingon public works, those provisions of this subsection do not apply insofar astheir application would preclude or reduce federal assistance for that project.

3. A final proposal submitted by a design-build teampursuant to this section must be prepared thoroughly, be responsive to thecriteria that the Department will use to select a design-build team to designand construct the project described in subsection 1 and comply with theprovisions of NRS 338.141.

4. After receiving the final proposals for theproject, the Department shall:

(a) Select the most cost-effective and responsive finalproposal, 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 inaccordance with subsection 5.

5. If the Department determines that no final proposalreceived is cost-effective or responsive and the Department further determinesthat requesting best and final offers pursuant to this subsection will likelyresult in the submission of a satisfactory offer, the Department may prepareand provide to each finalist a request for best and final offers for theproject. In conjunction with preparing a request for best and final offerspursuant 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 tothis subsection must set forth the date by which best and final offers must besubmitted to the Department. After receiving the best and final offers, theDepartment shall:

(a) Select the most cost-effective and responsive bestand final offer, using the criteria set forth in the request for best and finaloffers; or

(b) Reject all the best and final offers.

6. If the Department selects a final proposal pursuantto paragraph (a) of subsection 4 or selects a best and final offer pursuant toparagraph (a) of subsection 5, the Department shall hold a public meeting to:

(a) Review and ratify the selection.

(b) Partially reimburse the unsuccessful finalists ifpartial reimbursement was provided for in the request for preliminary proposalspursuant to paragraph (f) of subsection 3 of NRS408.3883. The amount of reimbursement must not exceed, for eachunsuccessful finalist, 3 percent of the total amount to be paid to the design-buildteam as set forth in the design-build contract.

(c) Make available to the public a summary settingforth the factors used by the Department to select the successful design-buildteam and the ranking of the design-build teams who submitted final proposalsand, if applicable, best and final offers. The Department shall not release toa third party, or otherwise make public, financial or proprietary informationsubmitted 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 thatthe Department will pay for the performance of all the work required by thecontract, excluding any amount related to costs that may be incurred as aresult of unexpected conditions or occurrences as authorized by the contract;

(2) An amount that is the maximum amount thatthe Department will pay for the performance of the professional servicesrequired by the contract; and

(3) A date by which performance of the workrequired by the contract must be completed.

8. A design-build team to whom a contract is awardedpursuant to this section shall:

(a) Assume overall responsibility for ensuring that thedesign and construction of the project is completed in a satisfactory manner;and

(b) Use the workforce of the prime contractor on the design-buildteam to construct at least 15 percent of the project.

(Added to NRS by 1999, 3485; A 2001, 252, 2020, 2022; 2003, 119, 2032, 2523)

NRS 408.3887 Employmentof architect or engineer as consultant during construction. The Department may employ a registered architect orlicensed professional engineer as a consultant to assist the Department inoverseeing the construction of a project. An architect or engineer so employedshall not:

1. Construct, reconstruct or improve the highway; or

2. Assume overall responsibility for ensuring that theconstruction of the project is completed in a satisfactory manner.

(Added to NRS by 1999, 3487; A 2001, 2022; 2003, 119)

Miscellaneous Provisions

NRS 408.389 Approvalof Board of Directors required for purchase of certain equipment.

1. The Department shall not purchase any equipmentwhich exceeds $50,000, unless the purchase is first approved by the Board.

2. The Board shall not delegate to the Director itsauthority to approve purchases of equipment pursuant to subsection 1.

(Added to NRS by 1991, 1904; A 1993, 1366)

NRS 408.393 Enforcementof laws concerning labor; charges for transportation and meals; penalty;exception.

1. The Department shall:

(a) Cooperate with the Labor Commissioner in theenforcement of the state labor laws insofar as the labor laws relate to laborperformed in construction, maintenance and repair of highways under thejurisdiction of the Department.

(b) Require that any work done, either by contract ordays pay, must be paid for at the legal wage as fixed by law.

2. A contractor shall not charge persons seekingemployment for transportation or fares in case of their being refusedemployment or in case of being discharged from employment, such transportationor fares applying to their return to the nearest city or town.

3. A contractor for any improvements on highwaysfurnishing board for his employees shall not charge more than $3.50 per day forthree substantial meals.

4. If any contractor violates any of the provisions ofthis section three times in any 1 year, the Department shall refuse thecontractor the right to bid on any contract for 1 year, or participate in anycontract as subcontractor or in any manner whatever during the period.

5. The Department and the Labor Commissioner shallenforce the provisions of this section.

6. This section does not apply to work done directlyby any public utility pursuant to an order of the Department or other publicauthority, whether or not done under public supervision or direction, or paidfor wholly or in part out of public money.

(Added to NRS by 1957, 687; A 1987, 1808)

NRS 408.397 Procedurefor diversion or change of route of highway. Wheneverin the construction, reconstruction, maintenance or repair of any highway itappears to the Director that any portion of the highway is dangerous or inconvenientto the traveling public in its existing location by reason of grades, dangerousturns or other local conditions, or that the expense in the constructing,building, rebuilding, maintaining or repairing of the highway would beunreasonably great and could be materially reduced or lessened by change ofroute, the Director may divert or change the route, but:

1. The highway must not be changed or diverted toexclude any city or town unless the consent of the governing body of that cityor town has been obtained; and

2. The Director shall submit a plan of the proposedchange to the Board which must be approved by the Board before action is takento effect the change.

(Added to NRS by 1957, 688; A 1977, 225; 1979, 1776;1987, 1808; 1989, 1305)

NRS 408.403 Freeways.

1. Upon a resolution of the Board, the Departmentunder the provisions of this chapter may lay out, establish, acquire, open,construct, reconstruct, improve, maintain, repair, regulate, vacate or abandonfreeways, with the approval of the board of county commissioners of the countyin which the freeways are proposed and with the approval of the city council ofany incorporated city directly affected thereby.

2. The Department has all such additional andnecessary authority relative to freeways as it possesses relative to otherhighways, including the authority to acquire by gift, purchase, condemnation orotherwise any real property or interests therein, including abutters rights oraccess rights required for a freeway.

3. Where an existing highway, in whole or in part, hasbeen designated as, or included within, a freeway, existing abutters rights oflight, view and air, and easements of access to and from abutting land may beextinguished by gift, purchase, condemnation or otherwise.

4. As a necessary adjunct of any freeway, theDepartment may lay out, establish, acquire, open, construct, reconstruct, improve,maintain, repair, vacate or abandon frontage roads to provide service andaccess from areas adjacent to such freeway.

(Added to NRS by 1957, 688; A 1987, 1808; 1989, 1305)

NRS 408.407 Reimbursementof utility by State for relocation of facility located on or near certainhighways.

1. For the purposes of this section:

(a) Cost of relocation means the entire amount paidby a utility properly attributable to the relocation of its facilities,including removal, reconstruction and replacement after deducting therefrom anyincrease in value of the new facility and any salvage value derived from theold facility, and includes the costs of all rights and interests necessary inland and the costs of any other rights required to accomplish such relocation.

(b) Utility means any privately, publicly orcooperatively owned systems for supplying telegraph, telephone, electric powerand light, gas, water, sewer and like service to the public or a segment of thepublic.

2. Whenever the Director, after consulting with theutility concerned, determines that any utility facility which now is, orhereafter may be, located in, over, along or under any highway in thefederal-aid primary or secondary systems or in the interstate system, includingextensions thereof within urban areas, as such systems are defined in theFederal-Aid Highway Acts and are accepted by and assented to by the State ofNevada, should be relocated, the utility owning or operating such utilityfacility 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 aspart of the cost of such federally aided project, provided the proportionatepart of such cost is reimbursable from federal funds under a Federal-AidHighway Act or any other Act of Congress under which the State is entitled toreimbursement for all or part of such cost.

3. This section does not apply where a payment ofrelocation or removal costs by the State would be inconsistent with the termsof 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)

NRS 408.413 Improvementof state highway Route No. 81. The Departmentmay pave and improve state highway Route No. 81, beginning on Route No. 34 atGerlach, thence northwesterly through Squaw Valley and Duck Flat to the Nevada-Californiaboundary at the southerly end of Surprise Valley, a distance of approximately56 miles. The board of county commissioners, the Department and the FederalHighway Administration shall take such action as may be necessary to permit theuse of the force account method of using federal aid highway funds by usingcounty forces and county equipment to fulfill the requirement of matching suchfederal aid highway funds as may be available.

(Added to NRS by 1957, 688; A 1987, 717)

NRS 408.417 Guideposts,signs and markers: Erection; metric units; penalty for destruction; liabilityfor costs of repair and replacement.

1. As a part of every plan and of all specificationsand contracts for the construction of highways, provisions must be made for theerection of permanent guideposts and signboards at every point where anotherroad crosses or diverges from such highways and at all places requiring warningto the traveling public as to the condition of the road, such as dangerousturns and steep grades. Such guideposts and signboards must contain plain andaccurate information as to the distances of towns and other points such as isusually 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 andhighway signs adopted by the American Association of State Highway andTransportation Officials.

(b) Cause to be put up, and to be kept up thereafter,informative signs, distinctive in color and design, pointing out, callingattention to and descriptive of nearby points, location of and distance towater, and objects of natural, scenic, geographical, geological, paleographicaland 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, highwaysign, informative sign and descriptive sign put up by the Department pursuantto this section must contain measurements based on metric units if:

(a) The Federal Highway Administration of the UnitedStates Department of Transportation issues specifications for utilizingmeasurements based on metric units; and

(b) Money is made available for this purpose by theFederal Government.

4. Any person who willfully tears down, digs up, or inany manner defaces, destroys or carries away any such guideboards, roadmarkers, highway signs or descriptive signs as provided in this section isguilty of a public offense, as prescribed in NRS193.155, proportionate to the value of the markers or signs destroyed, damaged,removed or defaced and in no event less than a misdemeanor. The Department hasa cause of action against such a person in a court of competent jurisdictionfor 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)

NRS 408.423 Permitrequired to excavate state highway; exception; fee.

1. No state highway or right-of-way may be disturbed,dug up, crossed, encroached upon or otherwise used for the laying or re-layingof 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 bythe Director. All such work must be done under the supervision and to thesatisfaction of the Director. All costs of replacing the highway in as goodcondition as previous to its being disturbed must be paid by the persons towhom or on whose behalf such permit was given or by the person by whom the workwas done.

2. In case of immediate necessity therefor, a city ortown may dig up a state highway without a permit from the Director, but in suchcases the Director must be first notified and the highway must be replacedforthwith in as good condition as before at the expense of such city or town.

3. The Department shall charge each applicant areasonable fee for all administrative costs incurred by the Department inacting upon an application for a permit, including costs for the preparationand inspection of a proposed encroachment.

(Added to NRS by 1957, 689; A 1979, 1777; 1981, 707)

NRS 408.427 Unauthorizedcrossing, removal or destruction of control-of-access fence or barrier onhighway: Injunction; recovery of expenses of restoration. Whenever any person cuts, removes, destroys, crosses orotherwise penetrates a control-of-access fence or barrier maintained by theDepartment on an interstate or other highway, to which the State has acquiredthe abutters easements of access to and from the abutting land, the Departmentmay petition the district court of the county where such highway is located foran order permanently enjoining such person from further penetration of thecontrol of access, and if the court finds, upon taking proof by affidavit orotherwise, that the State has acquired the abutters rights of access, it shallenjoin such person from further violation of such control-of-access fence orbarrier and shall provide in its order that the Department may recover fromsuch person a sum treble the actual expense incurred by the Department inrestoring the control-of-access fence or barrier.

(Added to NRS by 1969, 461)(Substituted in revisionfor NRS 408.956)

NRS 408.433 Roadsideparks and rest areas: Unlawful acts; penalties.

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,

in anyroadside park or safety rest area in this state, or in the approaches thereto.

2. Any person who violates any provision of thissection or any regulation adopted under this chapter governing roadside parksor safety rest areas shall be punished by a fine of not more than $100 for afirst offense and not more than $500 for each subsequent offense.

(Added to NRS by 1979, 207)

ACQUISITION AND DISPOSAL OF PROPERTY FOR HIGHWAYS

NRS 408.487 Acquisitionof property: Purposes.

1. In all cases of highways constructed, reconstructedor improved under the provisions of this chapter which are located or relocatedover privately owned property the Department may acquire, in the name of theState, either in fee or in any lesser estate or interest, any real property orinterest therein and any personal property which it considers necessary.

2. The property which may be acquired for thosepurposes includes, but is not limited to, real property, interests therein,improvements located thereon and personal property for any of the followingpurposes:

(a) For rights-of-way for both present and future needsfor highways of all types, including highways constructed within towns andcities.

(b) For exchanging the property or interests thereinfor other property or interests therein required for highway purposes to avoidthe payment of excessive compensation or damages.

(c) For sites on which to relocate structures which arewithin the right-of-way of a projected highway.

(d) For sites for storage, communications andmaintenance and for administrative, recreational and historical purposes andnecessary appurtenances in connection with those sites.

(e) For extraction of material, including rockquarries, 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 forthe construction and maintenance of the highways and their appurtenances.

(f) For the culture and support of trees and otherflora which will benefit the highways in any way, including the increasing ofthe scenic beauty of the highways.

(g) For drainage in connection with any highway.

(h) For the maintenance of an unobstructed view of anyportion of a highway so as to promote the safety of the traveling public.

(i) For the placement of directional signs and othersigns, construction of fences, curbs, barriers, and obstructions as may benecessary for the safety and convenience of the traveling public.

(j) For constructing and maintaining highway cut andfill slopes.

(k) For public parks, playgrounds, recreational groundsand sites adjoining highway or freeway rights-of-way; acquisition of sites toreplace housing; and acquisition and rehabilitation, relocation andconstruction of housing to replace other housing acquired.

(Added to NRS by 1957, 690; A 1963, 977; 1965, 1000;1971, 186; 1985, 705)

NRS 408.489 Acquisitionof property: Manner; costs.

1. The property and interests therein must be acquiredby the Department in the name of and in behalf of the State, either bydonation, dedication, agreement, exchange, lease, option, purchase or throughthe exercise of the power of eminent domain.

2. The Department may exercise the power of eminentdomain to acquire a fee in any property in which it has already acquired alesser estate or interest.

3. Proceedings in eminent domain for the acquisitionof property or any interest therein for the highway purposes set forth in NRS 408.487 must be had pursuant to theprovisions of chapter 37 of NRS, except asotherwise prescribed by this chapter.

4. The entire cost of acquiring the property andinterests therein, except as otherwise provided in this chapter, must be paidout of the State Highway Fund.

5. Whenever a part of a parcel of real property, aninterest therein or an improvement thereon is to be acquired under theprovisions of this chapter and the remainder is proposed to be left in suchirregular shape, uneconomical size, utility or condition as to be of littlevalue or to give rise to claims or litigation concerning damages, theDepartment may acquire by the methods provided in subsection 1 the whole parceland may:

(a) Dispose of the remainder pursuant to NRS 408.533;

(b) Exchange it for other property or interests thereinrequired for highway purposes; or

(c) Use it for any purpose enumerated in subsection 2of NRS 408.487.

(Added to NRS by 1985, 703)

NRS 408.493 Acquisitionof property: Survey and location of right-of-way; judicial order permittingentry for examination and appraisal.

1. Whenever land is required for highway purposes, theDepartment shall survey and locate the right-of-way in a manner most compatiblewith the greatest public good and the least private injury. The Departmentsemployees, agents or representatives may, with the consent of the owner, enterupon the land and make examinations, surveys and maps thereof, including soilinvestigation and test borings and appraisal and valuation of the land andimprovements thereon.

2. Whenever the owner or occupant of such land refusesor fails to permit entry thereon for such examination, survey, investigation orappraisal, the Department may petition the district court of the county inwhich such land is situated for an order permitting the Department to enter andundertake such examination, survey, investigation or appraisal, and the court,if it ascertains, by affidavit or otherwise, that the Department in good faithdesires to enter the land for such purpose shall grant its order permittingsuch entry, conditioned upon the examination being made at reasonable times andin 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 owneror occupant of the land, except for actual damages sustained to such land orimprovements thereon.

(Added to NRS by 1965, 998)(Substituted in revisionfor NRS 408.973)

NRS 408.497 Construction,alteration or improvement of highway: Claim for damage to land or interests;proceeding in inverse condemnation.

1. Any person asserting any claim for compensation ordamage for injury to land or interests therein arising from the construction,alteration or improvement of any highway constructed, altered or improved underthe provisions of this chapter shall first, as a condition precedent to theaction authorized by subsection 2 and not later than 2 years after finalacceptance of the contract by the Department as defined in NRS 408.387, file such claim with theDepartment, verified under oath and containing all particulars regarding suchclaim. Such claim must be promptly investigated by the Director, who shallrecommend its disposition to the Board, and if such claim or any portion thereofis approved by the Board it must be paid upon obtaining a written release ofthe entire claim, out of the State Highway Fund. The claimant must be givenwritten notice by registered mail of the Boards decision.

2. Any claimant aggrieved by the Boards decision onsuch claim may commence, in the district court for the county in which the landis situated, within 6 months after receipt of notice of the decision on suchclaim, a proceeding in inverse condemnation against the Department seeking justcompensation for an alleged taking or damaging of private property for highwaypurposes, and if such proceeding is not so commenced within such time it isforever barred.

(Added to NRS by 1957, 691; A 1965, 1002; 1979, 1779;1987, 1810; 1989, 1306)

NRS 408.503 Eminentdomain: Resolution by Board; precedence over other legal actions.

1. The Department shall not commence any legal actionin eminent domain until the Board adopts a resolution declaring that the publicinterest and necessity require the acquisition, construction, reconstruction,improvement or completion by the State, acting through the Department, of thehighway improvement for which the real property, interests therein orimprovements thereon are required, and that the real property, intereststherein or improvements thereon described in the resolution are necessary forsuch improvement.

2. The resolution of the Board is conclusive evidence:

(a) Of the public necessity of such proposed publicimprovement.

(b) That such real property, interests therein orimprovements thereon are necessary therefor.

(c) That such proposed public improvement is planned orlocated in a manner that will be most compatible with the greatest public goodand the least private injury.

3. All legal actions in all courts brought under theprovisions of this chapter to enforce the right of eminent domain takeprecedence over all other causes and actions not involving the public interest,to the end that all such actions, hearings and trials thereon must be quicklyheard and determined.

(Added to NRS by 1957, 691; A 1960, 392; 1987, 1810;1989, 1306)

NRS 408.507 Leaseor rental of property.

1. Real property held in fee or improvements on theproperty acquired by the Department in advance of the actual construction,reconstruction or improvement of highways or in order to avoid the payment ofexcessive damages, or held by the Department pending a determination in thefuture on its use or disposal may be leased or rented by the Department forfair market value in such manner and for such periods as are determined by theDirector to be in the best interests of the State.

2. The Director may lease for fair market value spaceabove and below the established grade line of the highway to state and publicagencies and private persons in such manner and for such periods as hedetermines are in the best interest of the State, if:

(a) The full use and safety of the highway will not beimpaired;

(b) Vehicular or pedestrian access to that space willnot be required or permitted from the established grade line; and

(c) The free flow of traffic on the highway is notinterfered with in any way.

3. All leases of an interest in real property enteredinto by the Department before April 1, 1985, are hereby ratified. All other leasesentered into pursuant to subsection 2 must be approved by the Board subject tothe provisions of subsection 4.

4. If the Department receives a proposal to negotiatea lease pursuant to subsection 2, it shall publish a notice in a newspaper ofgeneral circulation at least once a week for 2 weeks, stating that it hasreceived the proposal and that it will receive other proposals for use of thespace for 60 days after the completion of the publication. A copy of the noticemust be mailed to each local governmental unit in the affected area. If theproperty is leased, it must be to the highest bidder for the space. Therequirements for publication and notice do not apply if the proposal was receivedfrom an owner who controls the property on both sides of the highway.

5. All money received for leases and rentals must bedeposited 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)

NRS 408.513 Acquisitionof property by towns and cities; costs; transfer of interest to State.

1. When highways are constructed, reconstructed orimproved in accordance with this chapter through towns and through cities, theDepartment may require such towns and cities to acquire, through theirgoverning bodies, and such towns and cities shall acquire in the name of theState, such real property, interests therein or improvements thereon for suchhighways as are determined to be necessary by the Department in the same manneras if the property were being acquired by the State.

2. The cost of acquisition may be shared by such townor city and the Department or may be paid for wholly by such town or city inaccordance with agreements which shall first be entered into between thegoverning body of such city or town and the Department.

3. With respect to real property, interests therein orimprovements thereon held in the name of towns and cities, the local governingbody may, by conveyance in the nature of quitclaim, transfer such interest tothe State in accordance with the agreements which shall first be entered intobetween such governing bodies and the Department.

(Added to NRS by 1957, 692; A 1975, 665)(Substitutedin revision for NRS 408.990)

NRS 408.517 Acquisitionof property by counties; costs; transfer of interest to State.

1. When highways are constructed, reconstructed orimproved by the State in accordance with this chapter outside of the limits ofany unincorporated town or incorporated city, the Department may require theboards of county commissioners of the counties in which the highways arelocated to acquire, and such boards shall acquire in the name of the State,such real property, interests therein or improvements thereon for such highwaysas are determined to be necessary by the Department in the same manner as ifthe property were being acquired by the State.

2. The cost of acquisition may be shared by suchcounties and the Department or may be paid for wholly by such counties in accordancewith agreements which shall first be entered into between the boards of countycommissioners of the counties in which the highways are located and theDepartment.

3. With respect to real property, interests therein orimprovements thereon held in the name of counties, the boards of countycommissioners may, by conveyance in the nature of quitclaim, transfer suchinterest to the State in accordance with agreements which shall first beentered into between such boards and the Department.

(Added to NRS by 1957, 692; A 1975, 666)(Substitutedin revision for NRS 408.995)

NRS 408.523 Summaryvacation and abandonment of portion of state highway superseded by relocationor in excess of needs; resolution of Board; recordation.

1. The Board may retain or may summarily vacate andabandon any portion of a state highway if that portion has been superseded byrelocation or has been determined to be in excess of the needs of theDepartment.

2. The Board shall act to abandon any easement, or tovacate any highway, by resolution. A certified copy of the resolution may berecorded without acknowledgment, certificate of acknowledgment, or furtherproof, in the office of the county recorder of each county wherein any portionof the easement to be abandoned, or the highway to be vacated, lies. No fee maybe charged for such recordation. Upon recordation, the abandonment or vacationis complete.

3. When a highway for which the State holds only aneasement is abandoned, or when any other easement is abandoned, the propertypreviously subject thereto is free from the public easement for highwaypurposes. Where the State owns in fee the property on which the vacated highwaywas located, the Department shall dispose of that property as provided in NRS 408.533.

4. In any proceeding for the abandonment or vacationof any state highway or part thereof, the Board may reserve and excepttherefrom any easements, rights or interests in the highway deemed desirableand in the best interests of the State.

(Added to NRS by 1960, 68; A 1981, 707; 1987, 1811;1989, 1307)

NRS 408.527 Procedurefor relinquishment of portion of state highway.

1. Whenever the Department and the county or cityconcerned have entered into an agreement providing therefor, and thelegislative body of the county or city has adopted a resolution consentingthereto, the board may relinquish to the county or city any portion of anystate highway which has been deleted from the state highway system bylegislative enactment. The Department may likewise relinquish any portion ofany state highway which has been superseded by relocation or which theDepartment determines exceeds its needs.

2. By resolution of the Board, the Department may uponrequest relinquish to the Division of State Lands of the State Department ofConservation and Natural Resources for the public use of another state agencyany portion of any state highway which has been superseded by relocation orwhich the Department determines exceeds its needs.

3. Relinquishment must be made by a resolution. Acertified copy of the resolution must be filed with the legislative body of thecounty or city concerned. The resolution must be recorded in the office of thecounty 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 statehighway vests in the county, city or division, as the case may be.

4. Nothing in NRS408.523 limits the power of the Board to relinquish abandoned or vacatedportions of a state highway to a county, city or the Division.

5. If the Board relinquishes property pursuant tosubsection 4, and the purpose for which the property was relinquished isabandoned or ceases to exist, then:

(a) If the interest of the Department in the propertybefore it was relinquished was held in fee simple, all right, title andinterest of the county, city or Division reverts to the Department.

(b) If the interest of the Department in the propertybefore it was relinquished was an easement or other lesser interest, thecounty, city or Division may abandon or vacate the property without reversionto the Department.

6. The vesting of all right, title and interest of theDepartment in and to portions of any state highways relinquished previously bythe Department in the city, county or state agency to which it was relinquishedis hereby confirmed.

(Added to NRS by 1960, 68; A 1983, 338; 1987, 1102,1812; 1989, 1308; 1991, 1173)

NRS 408.533 Disposalof property.

1. Except as otherwise provided in NRS 37.270, all real property, intereststherein or improvements thereon and personal property acquired before, on orafter April 1, 1957, in accordance with the provisions of NRS 408.487 and 408.489 must, after approval by the Boardand if no longer needed for highway purposes, be disposed of by the Director inaccordance with the provisions of subsection 2, except that:

(a) When the property was originally donated to theState, no charge may be made if it is returned to the original owner or to theholder of the reversionary right.

(b) When the property has been wholly or partially paidfor by towns, cities or counties, disposal of the property and of moneyreceived 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 beenacquired in fee pursuant to NRS 408.487and 408.489 and, in the opinion of theBoard, a sale by means of a public auction or sealed bids is uneconomical orimpractical because:

(1) There is no access to the property;

(2) The property has value or an increased valueonly to a single adjoining property owner; or

(3) Such a sale would work an undue hardshipupon a property owner as a result of a severance of the property of that owneror a denial of access to a public highway,

the Boardmay enter into a direct sale of the property with such an owner or any otherperson for its fair market value.

(d) When the property has been acquired and theproperty or any portion of the property is no longer needed for highwaypurposes, the Department shall give notice of its intention to dispose of theproperty by publication in a newspaper of general circulation in the countywhere the property is situated. The notice must include the Departmentsappraisal of the fair market value of the property. Any person from whom theproperty was purchased or his heir or grantee may purchase the property at itsfair market value by direct sale from the Department within 60 days after the noticeis published. If more than one person qualified to purchase the property bydirect sale pursuant to this paragraph so requests, the person with thesuperior claim, as determined by the Department in its sole discretion, isentitled to purchase the property by direct sale. If a person who is entitledto purchase the property by direct sale pursuant to this paragraph reasonablybelieves that the Departments appraisal of the property is greater than thefair market value of the property, the person may file an objection to theappraisal with the Department. The Department shall set forth the procedure forfiling an objection and the process under which a final determination will bemade 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 2if:

(1) No person requests to purchase the propertyby direct sale within 60 days after the notice is published pursuant to thisparagraph; or

(2) A person who files an objection pursuant tothis paragraph fails, within 10 business days after he receives a writtennotice of the final determination of the fair market value of the property, tonotify the Department in writing that he wishes to purchase the property at thefair market value set forth in the notice.

(e) When the property is sought by another publicagency for a reasonable public use, the Department may first offer the propertyto the public agency at its fair market value.

2. All property, interests or improvements notincluded within the provisions of subsection 1 must first be offered for saleby 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 Departments appraisalof the fair market value of the property, the property may be sold to thehighest bidder. The notice and the terms of the sale must be published in anewspaper of general circulation in the county where the property is situated.The auctions and openings of bids must be conducted by the Department. If theproperty cannot be sold for 90 percent or more of its fair market value, the Departmentmay enter into a written listing agreement with a person licensed pursuant to chapter 645 of NRS to sell or lease the propertyfor 90 percent or more of its fair market value.

3. It is conclusively presumed in favor of theDepartment and any purchaser for value that the Department acted within itslawful authority in acquiring and disposing of the property, and that theDirector acted within his lawful authority in executing any conveyance vestingtitle in the purchaser. All such conveyances must be quitclaim in nature andthe Department shall not warrant title, furnish title insurance or pay the taxon transfer of real property.

4. No person has a right of action against theDepartment or its employees for a violation of this section. This subsectiondoes not prevent an action by the Attorney General on behalf of the State ofNevada or any aggrieved person.

5. All sums of money received by the Department forthe sale of real and personal property must be deposited with the StateTreasurer to be credited to the State Highway Fund, unless the Federal HighwayAdministration participated in acquisition of the property, in which case a prorata share of the money obtained by disposal of the property must be paid tothe Federal Highway Administration.

6. The Department may reserve and except easements,rights or interests from the conveyance of any real property disposed of inaccordance with this section or exchanged pursuant to subsection 5 of NRS 408.489. The easements, rights or interestsinclude, but are not limited to:

(a) Abutters rights of light, view or air.

(b) Easements of access to and from abutting land.

(c) Covenants prohibiting the use of signs, structuresor devices advertising activities not conducted, services not rendered or goodsnot 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)

NRS 408.537 Stateconsent to close public road on public land: Application; notice; duties ofplanning agencies.

1. Upon receipt of an application for consent to closea public road on public land, the Department shall give written notice of theapplication to the planning agencies of the local governments, within 1 weekafter its receipt of the application.

2. Each planning agency so notified shall within 45days after the notice is sent hold a public hearing on the application at theplace where it normally meets. If the road is located within the jurisdictionof two or more planning agencies, each of those agencies must hold a hearing.

3. Each planning agency shall notify the public andevery person known to have a vested private right-of-way over the road for thepurpose of grazing, mining or any other purpose for which such a private rightvests, by publication in one issue of a newspaper of general circulationpublished in each of the counties in which the land is located and by mailingto the last known address of each private user of the road. The notice must bepublished at least 20 days before the date set for the hearing and set forththe location of the road and the purpose for closing it as stated in theapplication. The cost of publishing the notice must be borne by the UnitedStates or by someone in its behalf.

4. The planning agency shall deliver its writtenrecommendation on the application, including the reasons for itsrecommendation, to the Department within 15 days after the conclusion of itshearing on the application.

5. The application must contain such information andsupporting documents as are prescribed in regulations adopted by the Departmentwith the approval of the Board.

(Added to NRS by 1981, 924; A 1987, 1814; 1989, 1310)

NRS 408.543 Stateconsent to close public road on public land: Duties of Department.

1. The Department shall hold a hearing on anapplication to close a public road on public land within 45 days after itreceives the written recommendation from the planning agency. The Departmentshall give notice of its hearing as required by law. At its hearing theDepartment shall receive any testimony pertaining to any use of the road whichis not repetitive and shall consider the written recommendation of the planningagency.

2. The Department shall deliver its writtenrecommendation on the application, including the reasons for itsrecommendation, to the Board within 15 days after the conclusion of its hearingon the application.

(Added to NRS by 1981, 924; A 1987, 1814; 1989, 1310)

NRS 408.547 Stateconsent to close public road on public land: Determination by Board; approvalby inaction; certificate of consent.

1. The Board in deciding whether to grant or deny theconsent of the State to close a public road on public land shall:

(a) Balance the interests of the Federal Government andthe State; and

(b) Not apply standards or impose conditions respectingthe closure of a public road which are more restrictive than those generallyapplicable to other persons or governmental agencies in this state.

2. In granting the consent of the State the Boardshall not grant or waive any right, privilege, immunity or other incident ofsovereignty provided for in NRS 328.085,except subsection 3 of that section.

3. Consent to such a closure or the extinguishing of apublic use does not constitute consent to extinguish a private use, and theStates consent is contingent on compensation by the Federal Government for theloss of a vested private right-of-way.

4. Any recommendation of the Department which is notacted on by the Board within 30 days after it receives the application andwhich is not in conflict with the requirements of this section is automaticallyapproved unless the Board in a writing which is attached to the application andrecommendation defers the decision for a good cause.

5. The consent of the Board to close a public road onpublic land must be evidenced by a certificate signed by the Chairman of theBoard 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

NRS 408.5471 Transportationfacility defined. As used in NRS 408.5471 to 408.549, inclusive, unless the contextotherwise requires, transportation facility means a road, railroad, bridge,tunnel, overpass, airport, mass transit facility, parking facility for vehiclesor similar commercial facility used for the support of or the transportation ofpersons or goods, including, without limitation, any other property that isneeded to operate the facility. The term does not include a toll bridge or tollroad.

(Added to NRS by 2003, 2028)

NRS 408.5473 Authorityof Department to authorize transportation facilities. TheDepartment may authorize a person to develop, construct, improve, maintain oroperate, or any combination thereof, a transportation facility pursuant to NRS 408.5475 or 408.548.

(Added to NRS by 2003, 2028)

NRS 408.5475 Submissionof request to Department; contents of request.

1. A person may submit a request to the Department todevelop, construct, improve, maintain or operate, or any combination thereof, atransportation facility.

2. The request must be accompanied by the followinginformation:

(a) A topographic map indicating the location of thetransportation facility.

(b) A description of the transportation facility,including, without limitation, the conceptual design of the transportationfacility and all proposed interconnections with other transportationfacilities.

(c) The projected total cost of the transportationfacility over its life and the proposed date for the development of or thecommencement of the construction of, or improvements to, the transportationfacility.

(d) A statement setting forth the method by which theperson submitting the request proposes to secure all property interestsrequired for the transportation facility. The statement must include, withoutlimitation:

(1) The names and addresses, if known, of thecurrent owners of any property needed for the transportation facility;

(2) The nature of the property interests to beacquired; and

(3) Any property that the person submitting therequest proposes that the Department condemn.

(e) Information relating to the current transportationplans, if any, of any governmental entity in the jurisdiction of which anyportion of the transportation facility is located.

(f) A list of all permits and approvals required forthe development or construction of or improvement to the transportationfacility from local, state or federal agencies and a projected schedule forobtaining those permits and approvals.

(g) A list of the facilities of any utility or existingtransportation facility that will be crossed by the transportation facility anda statement of the plans of the person submitting the request to accommodatesuch crossings.

(h) A statement setting forth the general plans of theperson submitting the request for financing and operating the transportationfacility, which must include, without limitation:

(1) A plan for the development, financing andoperation of the transportation facility, including, without limitation, anindication of the proposed sources of money for the development and operationof the transportation facility, the anticipated use of such money and theanticipated schedule for the receipt of such money;

(2) A list of any assumptions made by the personabout the anticipated use of the transportation facility, including, withoutlimitation, the fees that will be charged for the use of the transportationfacility, and a discussion of those assumptions;

(3) The identification of any risk factorsidentified by the person submitting the request that are associated withdeveloping, constructing or improving the transportation facility and the planfor addressing those risk factors;

(4) The identification of any local, state orfederal resources that the person anticipates requesting for development andoperation of the transportation facility, including, without limitation, ananticipated schedule for the receipt of those resources and the effect of thoseresources on any statewide or regional program for the improvement oftransportation; and

(5) The identification and analysis of any costsor benefits associated with the proposed facility, performed by a professionalengineer who is licensed pursuant to chapter 625of NRS.

(i) The names and addresses of the persons who may becontacted for further information concerning the request.

(j) Any additional material and information that theDepartment may request.

(Added to NRS by 2003, 2028)

NRS 408.548 Authorityof Department to request submission of proposals; regulations.

1. If the Department receives a request regarding atransportation facility pursuant to NRS408.5475 and the Department determines pursuant to the provisions ofsubsection 1 of NRS 408.5483 that thetransportation facility serves a public purpose, the Department may requestother persons to submit proposals to develop, construct, improve, maintain oroperate, or any combination thereof, the transportation facility.

2. The Department shall adopt regulationsestablishing:

(a) The procedures for requesting other persons tosubmit proposals to the Department; and

(b) The procedures for other persons to submitproposals to the Department.

(Added to NRS by 2003, 2030)

NRS 408.5483 Approvalof request or proposal: Determination of public purpose; staff reports; copy ofrequest or proposal to be furnished to affected governmental entities; fee;approval contingent on entering agreement with Department; establishment ofdate for development of or commencement of construction of transportationfacility.

1. The Department may approve a request or proposalsubmitted pursuant to NRS 408.5475 or 408.548 if the Department determines thatthe transportation facility serves a public purpose. In determining whether thetransportation facility serves a public purpose, the Department shall considerwhether:

(a) There is a public need for the type of transportationfacility that is proposed;

(b) The proposed interconnections between thetransportation facility and existing transportation facilities and the plans ofthe person submitting the request for the operation of the transportationfacility are reasonable and compatible with any statewide or regional programfor the improvement of transportation and with the transportation plans of anyother governmental entity in the jurisdiction of which any portion of thetransportation facility will be located;

(c) The estimated cost of the transportation facilityis reasonable in relation to similar transportation facilities, as determinedby an analysis of the cost performed by a professional engineer who is licensedpursuant to chapter 625 of NRS;

(d) The plans of the person submitting the request willresult in the timely development or construction of or improvement to thetransportation facility or its more efficient operation;

(e) The plans of the person submitting the requestcontain any penalties for the failure of the person submitting the request tomeet any deadline which results in the untimely development or construction ofor improvement to the transportation facility or failure to meet any deadlinefor its more efficient operation; and

(f) The long-term quality of the transportationfacility will meet a level of performance established by the Department over asufficient duration of time to provide real value to the public.

2. In evaluating a request or proposal submittedpursuant to NRS 408.5475 or 408.548, the Department may considerinternal staff reports prepared by personnel of the Department who are familiarwith the operation of similar transportation facilities or the advice ofoutside advisors or consultants with relevant experience.

3. The Department shall request that a person whosubmitted a request or proposal pursuant to NRS408.5475 or 408.548 furnish a copyof the request or proposal to each governmental entity that has jurisdictionover an area in which any part of the transportation facility is located.Within 30 days after receipt of such a request or proposal, the governmentalentity shall submit in writing to the Department, for consideration by theDepartment, any comments that the governmental entity has concerning thetransportation facility and shall indicate whether the transportation facilityis compatible with any local, regional or statewide transportation plan or programthat is applicable to the governmental entity.

4. The Department shall charge a reasonable fee tocover the costs of processing, reviewing and evaluating a request or proposalsubmitted pursuant to NRS 408.5475 or 408.548, including, without limitation,reasonable fees for the services of an attorney or a financial or otherconsultant or advisor, to be collected before the Department accepts therequest or proposal for processing, review and evaluation.

5. The approval of a request or proposal by theDepartment is contingent on the person who submitted the request or proposalentering into an agreement with the Department. In such an agreement, the Departmentshall include, without limitation:

(a) Criteria that address the long-term quality of thetransportation facility.

(b) The date of termination of the authority and dutiespursuant to NRS 408.5471 or 408.549, inclusive, of the person whoserequest or proposal was approved by the Department with respect to thetransportation facility and for the dedication of the transportation facilityto the Department on that date.

(c) Provision for the imposition by the person whoserequest or proposal was approved by the Department of such rates, fees or othercharges as may be established from time to time by agreement of the parties foruse of all or a portion of a transportation facility, other than a bridge orroad.

6. In connection with the approval of a transportationfacility, the Department shall establish a date for the development of or thecommencement of the construction of, or improvements to, the transportationfacility. The Department may extend the date from time to time.

(Added to NRS by 2003, 2030)

NRS 408.5485 Contractfor transportation services. The Departmentmay contract with a person whose request or proposal is approved pursuant to NRS 408.5483 for transportation servicesto be provided by the transportation facility in exchange for such payments forservice and other consideration as the Department may deem appropriate.

(Added to NRS by 2003, 2031)

NRS 408.549 Federal,state or local assistance. The Department maytake any action necessary to obtain federal, state or local assistance for atransportation facility that it approves and may enter into any contractsrequired to receive such assistance. The Department shall make written findingsof whether it serves the public purpose for all or a portion of the costs ofthe transportation facility to be paid, directly or indirectly, from theproceeds of a grant or loan made by the local, state or Federal Government, orany agency or instrumentality thereof.

(Added to NRS by 2003, 2031)

INFORMATION AND ASSISTANCE FOR TRAVELERS

NRS 408.551 Centerdefined. As used in NRS 408.551 to 408.567, inclusive, center means afacility to provide information to members of the traveling public, concerningaccommodations, food, fuel and recreation, through an attendant or some meansof communication.

(Added to NRS by 1985, 891)

NRS 408.553 Designationof locations for signs and centers. TheDirector may designate appropriate locations for the construction of centersand the erection and maintenance of directional and informational signs withinthe right-of-way. The signs or centers may be erected or constructed andmaintained by:

1. The Department; or

2. A city, county or other governmental agency orprivate person, under contract with the Department.

(Added to NRS by 1985, 891)

NRS 408.557 Regulations.

1. The Director shall adopt regulations:

(a) Governing the size, shape, lighting and othercharacteristics of a sign to be erected at such a location;

(b) Authorizing the use of trademarks and symbolsidentifying an individual enterprise on a sign erected at the location;

(c) Fixing the qualifications of a person orgovernmental agency to operate a center and of an enterprise to be identifiedon a directional or informational sign;

(d) Fixing reasonable fees to recover the actualadministrative cost incurred by the Department for:

(1) Authorizing the use of trademarks andsymbols identifying an individual enterprise on a directional or informationalsign; and

(2) Providing information concerning commercialattractions and services.

(e) Fixing reasonable fees, based upon the market valueas determined by the Department, for:

(1) Authorizing the use of trademarks andsymbols identifying an individual enterprise on a directional or informationalsign in an urban area of a county whose population is 100,000 or more; and

(2) Providing information in an urban area of acounty whose population is 100,000 or more concerning commercial attractionsand 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 tosubsection 1 must be consistent with the provisions of 23 U.S.C. 131.

(Added to NRS by 1985, 891; A 1999, 1260)

NRS 408.559 Developmentand review of plan. The Department shall developa plan, in cooperation with the Commission on Tourism, to carry out the provisionsof NRS 408.551 to 408.567, inclusive. The plan must take intoconsideration 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.

TheDepartment and the Commission shall review the plan at least once each year andrevise it until the provisions of NRS408.551 to 408.567, inclusive, havebeen uniformly put into effect throughout the State.

(Added to NRS by 1985, 891)

NRS 408.561 Toll-freetelephone system for public accommodations; apportionment of costs.

1. The Department may establish at centers a toll-freetelephone system for members of the traveling public to make reservations athotels, motels, campgrounds and other places of public accommodation. The costof this system, reduced pursuant to subsection 2 if applicable, must beapportioned among the hotels, motels, campgrounds and other businesses thatparticipate in the system.

2. If the Department uses the telephone systemestablished pursuant to subsection 1 as a method for members of the public toreport fires, accidents or other emergencies or to receive informationconcerning the conditions for driving on certain highways, the Department shallpay a proportionate share of the cost of the system.

(Added to NRS by 1985, 892)

NRS 408.563 Agreementswith governmental agencies or others. TheDepartment may contract or enter into other agreements with governmentalagencies in this state or an adjoining state or with private persons to studyvarious systems of providing information to the traveling public and toconstruct signs which provide that information.

(Added to NRS by 1985, 892)

NRS 408.567 Accountfor systems of providing information to the traveling public: Creation;sources; use.

1. Money received by the Department from:

(a) Fees for:

(1) Authorizing the use of trademarks andsymbols identifying an individual enterprise on a directional or informationalsign; and

(2) Providing information concerning commercialattractions and services;

(b) Participants in a telephone system established toreserve accommodations for travelers; and

(c) Appropriations made by the Legislature for thepurposes of NRS 408.551 to 408.567, inclusive,

must bedeposited with the State Treasurer for credit to the Account for Systems ofProviding Information to the Traveling Public in the State Highway Fund, whichis hereby created.

2. Money in the Account must only be used to carry outthe provisions of NRS 408.551 to 408.567, inclusive.

(Added to NRS by 1985, 892; A 1999, 1261)

NRS 408.569 Systemof communication to report emergencies and to obtain information concerningconditions for driving required along certain frequently traveled highways. The Department shall establish along one or morefrequently traveled highways of this state a system of communication for membersof the general public to report fires, accidents or other emergencies and toreceive information concerning the conditions for driving on certain highways.

(Added to NRS by 1993, 2338; A 2001, 2700)

MISCELLANEOUS PROVISIONS

NRS 408.601 Permitsto solicit charitable contributions while standing on median strip of highwayor sidewalk adjacent to highway.

1. In addition to any necessary county or city permit,a person shall not solicit contributions while standing on the median strip ofany highway or the sidewalk adjacent to the highway within the jurisdiction ofthe Department without a permit to do so issued by the Director.

2. The Director shall establish standards for theissuance of permits to charitable organizations which allow the holders tosolicit charitable contributions for the respective organization while standingon the median strip of any highway or the sidewalk adjacent to the highwaywithin the jurisdiction of the Department. The Director shall expeditiouslyconsider each application for such a permit. The application must beaccompanied by evidence that a county or city has issued a permit to theorganization for solicitation within its jurisdiction during the same periodrequested in the application. The Director may reasonably limit the time, placeand manner of the requested solicitation to preserve public safety.

3. The charitable organization:

(a) Shall indemnify the State of Nevada against any injuryto any person or property during the solicitation which arises from or isincident to the act of solicitation; and

(b) Is liable for any injury to any person or propertyduring the solicitation which arises from the negligence of the soliciting agent.

4. As used in this section:

(a) Charitable organization means an organizationwhich:

(1) The Secretary of the Treasury has determinedis an exempt organization pursuant to the provisions of section 501(c) of theInternal Revenue Code; and

(2) Holds a current certificate of organizationor is currently qualified by the Secretary of State to do business in thisstate.

(b) Highway means the entire width between theboundary lines of every way maintained by a public authority when any partthereof is open to the use of the public for purposes of vehicular traffic. Theterm does not include a freeway.

(Added to NRS by 1991, 143)

 

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