2005 Nevada Revised Statutes - Chapter 410 — Beautification of Highways

CHAPTER 410 - BEAUTIFICATION OF HIGHWAYS

GENERAL PROVISIONS

NRS 410.030 Definitions.

NRS 410.040 Automotivegraveyard defined.

NRS 410.043 Boarddefined.

NRS 410.045 Departmentdefined.

NRS 410.047 Directordefined.

NRS 410.050 Edgeof the right-of-way defined.

NRS 410.060 Interstatehighway defined.

NRS 410.070 Junkdefined.

NRS 410.080 Junkyarddefined.

NRS 410.090 Primaryhighway defined.

LOCATION AND SCREENING OF JUNKYARDS

NRS 410.095 Declarationof legislative intent.

NRS 410.097 Federalreimbursement prerequisite to continued effectiveness of NRS 410.095 to 410.210, inclusive.

NRS 410.100 Permitrequired for establishment and operation of junkyard at certain locations.

NRS 410.110 Permit:Fee; disposition of proceeds.

NRS 410.120 Permit:Conditions for issuance.

NRS 410.130 Screeningof certain junkyards: Requirement.

NRS 410.140 Screeningof certain junkyards: Regulations.

NRS 410.150 Removal,relocation or disposal of junkyard.

NRS 410.160 Acquisitionof property by Department.

NRS 410.170 Compensationfor removal, relocation or disposal of junkyard.

NRS 410.180 Paymentof costs.

NRS 410.190 Regulationsto be consistent with federal laws and standards.

NRS 410.200 Regulatorypowers of local government unimpaired.

NRS 410.210 Violationconstitutes public nuisance; abatement; recovery of costs.

OUTDOOR ADVERTISING

NRS 410.220 Declarationof legislative intent.

NRS 410.230 Definitions.

NRS 410.250 Informationcenters defined.

NRS 410.270 Outdooradvertising, outdoor advertising sign, display or device and sign, displayor device defined.

NRS 410.290 Safetyrest areas defined.

NRS 410.300 Unzonedcommercial or industrial area defined.

NRS 410.305 Urbanarea defined.

NRS 410.310 Zonedcommercial or industrial area defined.

NRS 410.320 Outdooradvertising adjacent to highway prohibited; exceptions.

NRS 410.330 Agreementwith Secretary of Transportation; regulations governing permits for outdooradvertising and submission of requests for retention of nonconforming signs.

NRS 410.340 Removalof prohibited outdoor advertising: Time limited; no compensation to owner ofcertain outdoor advertising.

NRS 410.350 Removalof prohibited outdoor advertising: Compensation to owners of outdooradvertising and real property.

NRS 410.360 Violationconstitutes public nuisance; abatement; recovery of costs; penalty.

NRS 410.365 Remediesfor obstruction of visibility of outdoor advertising structure by noiseabatement project.

NRS 410.370 Safetyrest area: Distribution of maps, directories and pamphlets; establishment ofinformational center.

NRS 410.380 Informationalsign, display or device within right-of-way.

NRS 410.390 Inventoryof existing outdoor advertising; contents; penalty.

NRS 410.400 Regulations;fee for permit; no fee for certain signs; disposition of fees.

NRS 410.410 NRS 410.220 to 410.400, inclusive, supplementary to NRS 405.020 to 405.110, inclusive; federal reimbursementprerequisite to continued effectiveness.

_________

GENERAL PROVISIONS

NRS 410.030 Definitions. As used in this chapter, the words and terms defined in NRS 410.040 to 410.090, inclusive, unless the contextotherwise requires, have the meanings ascribed to them in those sections.

(Added to NRS by 1971, 559; A 1973, 212; 1979, 1783)

NRS 410.040 Automotivegraveyard defined. Automotive graveyardmeans any establishment or place of business which is maintained, used oroperated for storing, keeping, processing, buying or selling wrecked,abandoned, scrapped, ruined or dismantled motor vehicles or motor vehicleparts.

(Added to NRS by 1971, 559)

NRS 410.043 Boarddefined. Board means the Board of Directorsof the Department of Transportation.

(Added to NRS by 1973, 211; A 1979, 1784)

NRS 410.045 Departmentdefined. Department means the Department ofTransportation.

(Added to NRS by 1973, 212; A 1979, 1784)

NRS 410.047 Directordefined. Director means the Director of theDepartment of Transportation.

(Added to NRS by 1979, 1783)

NRS 410.050 Edgeof the right-of-way defined. Edge of theright-of-way means the property line between the area acquired for statehighway rights-of-way and the abutting property.

(Added to NRS by 1971, 559)

NRS 410.060 Interstatehighway defined. Interstate highway means aportion of the Dwight D. Eisenhower National System of Interstate and DefenseHighways located within this State as officially designated pursuant to theprovisions of Title 23 of the United States Code.

(Added to NRS by 1971, 559; A 2005, 76)

NRS 410.070 Junkdefined. Junk means old or scrap copper,brass, rope, rags, batteries, paper, trash, rubber debris, waste or junked,dismantled or wrecked or abandoned motor vehicles, or parts thereof, iron,steel, and other old or scrap ferrous or nonferrous material, and all othersecondhand used or castoff articles or material of any kind.

(Added to NRS by 1971, 559)

NRS 410.080 Junkyarddefined. Junkyard means an establishment orplace of business which is maintained, operated, or used for storing, keeping,processing, buying, or selling junk, or for the maintenance or operation of anautomobile graveyard or scrap metal processing facility, and the terms shallinclude garbage dumps and sanitary fills.

(Added to NRS by 1971, 560)

NRS 410.090 Primaryhighway defined. Primary highway means aportion of the connected main highways, as officially designated pursuant tothe provisions of Title 23 of the United States Code.

(Added to NRS by 1971, 560)

LOCATION AND SCREENING OF JUNKYARDS

NRS 410.095 Declarationof legislative intent. The Legislature herebyfinds and declares that:

1. The establishment, use and maintenance of outdoorjunkyards in areas adjacent to the interstate and primary highway systems ofthis state should be controlled in order to promote the safety and recreationalvalue of public travel, to protect the public investment in such highways, andto preserve the natural beauty of areas adjacent to such highways.

2. It is the intent of the Legislature to:

(a) Provide for the state control of outdoor junkyardsas required by 23 U.S.C. 136.

(b) Establish by the provisions of NRS 410.095 to 410.210, inclusive, minimum standards withrespect to the regulation of outdoor junkyards.

(Added to NRS by 1971, 559)(Substituted in revisionfor NRS 410.010)

NRS 410.097 Federalreimbursement prerequisite to continued effectiveness of NRS 410.095to 410.210,inclusive. NRS410.095 to 410.210, inclusive, shallremain effective only so long as federal-aid highway funds are apportioned tothe State of Nevada and the Federal Government reimburses the State inaccordance with 23 U.S.C. 136 for its share of landscaping and screeningcosts and compensation required for the relocation, removal or disposal ofjunkyards.

(Added to NRS by 1971, 559)(Substituted in revisionfor NRS 410.020)

NRS 410.100 Permitrequired for establishment and operation of junkyard at certain locations. A person shall not, after January 1, 1972, establish ajunkyard any portion of which is within 1,000 feet of the nearest edge of theright-of-way and visible from the main traveled way of the interstate orprimary highway system, or continue to operate and maintain a junkyard inexistence on December 31, 1971, in such a location, without obtaining from theDirector the permit provided for in NRS410.110.

(Added to NRS by 1971, 560; A 1979, 1784)

NRS 410.110 Permit:Fee; disposition of proceeds. The Directorshall collect a fee of $10 for the issuance of a permit for the establishment,maintenance and operation of a junkyard any portion of which is within 1,000feet of the nearest edge of the right-of-way and visible from the main traveledway of an interstate or primary highway. The proceeds from such fees must bedeposited with the State Treasurer and credited to the State Highway Fund inthe State Treasury.

(Added to NRS by 1971, 560; A 1979, 1784)

NRS 410.120 Permit:Conditions for issuance. No permit may begranted for the establishment, maintenance or operation of a junkyard anyportion of which is within 1,000 feet of the nearest edge of the right-of-wayof an interstate or primary highway, except the following:

1. Those which are screened by natural objects,plantings, fences, or other appropriate aesthetic means, so as not to bevisible from the main traveled way, or otherwise hidden from sight;

2. Those located within areas which are zoned forindustrial use under authority of state or local law or ordinance;

3. Those located in areas which, although not zoned byauthority of state or local law or ordinance, are actually used for industrialpurposes as determined from actual land uses and defined by regulationsprescribed by the Director and approved by the Secretary of Transportation; and

4. Those which are not visible from the main traveledway.

(Added to NRS by 1971, 560; A 1979, 1784)

NRS 410.130 Screeningof certain junkyards: Requirement. Any junkyardlawfully in existence on April 15, 1971, any portion of which is within 1,000feet of the nearest edge of the right-of-way of an interstate or primaryhighway, and visible from the main traveled way, shall be screened, iffeasible, by the Department at locations on the highway right-of-way or inareas acquired for such purposes outside the right-of-way so as not to bevisible from the main traveled way of such highways.

(Added to NRS by 1971, 560)

NRS 410.140 Screeningof certain junkyards: Regulations. TheDirector may prescribe regulations governing the location, planting, materialsused, construction and maintenance, in the screening or fencing required by NRS 410.095 to 410.210, inclusive.

(Added to NRS by 1971, 560; A 1979, 1784)

NRS 410.150 Removal,relocation or disposal of junkyard. Wheneverthe Director determines that the topography of the land adjoining the highwaywill not permit adequate screening of such junkyards or the screening of suchjunkyards would not be economically feasible, the Director may require therelocation, removal or disposal of the junkyard, by negotiation or condemnation;but any junkyard in existence on April 15, 1971, which does not conform to therequirements of NRS 410.095 to 410.210, inclusive, and which the Directorfinds, as a practical matter, cannot be screened is required to be relocated,removed or disposed of no later than July 1, 1973.

(Added to NRS by 1971, 560; A 1979, 1784)

NRS 410.160 Acquisitionof property by Department. The Department isauthorized to acquire such interests in real property as may be necessary toeffect the screening, relocation, removal or disposal of junkyards required by NRS 410.095 to 410.210, inclusive.

(Added to NRS by 1971, 561)

NRS 410.170 Compensationfor removal, relocation or disposal of junkyard. Justcompensation shall be paid by the Department to the owners of junkyards whichmust be relocated, removed or disposed of pursuant to NRS 410.095 to 410.210, inclusive, and which fall into thefollowing categories:

1. Those lawfully in existence on April 15, 1971; and

2. Those lawfully established on or after April 15,1971.

(Added to NRS by 1971, 561)

NRS 410.180 Paymentof costs. The cost of screening, relocation,removal or disposal of any junkyard shall be paid by the State from the StateHighway Fund, provided a proportionate part of such cost shall be reimbursablefrom federal funds in accordance with 23 U.S.C. 136.

(Added to NRS by 1971, 561)

NRS 410.190 Regulationsto be consistent with federal laws and standards. TheDirector shall prescribe and enforce regulations governing the establishment,screening, relocation, removal or disposal of junkyards as provided in NRS 410.095 to 410.210, inclusive, consistent with theprovisions of 23 U.S.C. 136 and the national standards promulgated thereunderby the Secretary of Transportation.

(Added to NRS by 1971, 561; A 1979, 1785)

NRS 410.200 Regulatorypowers of local government unimpaired. Thegoverning body of any incorporated city or county may enact ordinances,including, but not limited to, land use or zoning ordinances, imposingrestrictions on junkyards equal to or greater than those imposed by theprovisions of NRS 410.095 to 410.210, inclusive.

(Added to NRS by 1971, 561)

NRS 410.210 Violationconstitutes public nuisance; abatement; recovery of costs.

1. Any junkyard or automobile graveyard establishedafter April 15, 1971, which violates the provisions of NRS 410.095 to 410.210, inclusive, is hereby declared tobe a public nuisance, and the Director shall abate any such junkyard orautomobile graveyard which is not removed or screened prior to the expirationof 30 days after personal service of notice of such violation and demand forremoval or screening upon the landowner and the owner or his agents of suchjunkyard or automobile graveyard.

2. Abatement by the Department of such junkyard orautomobile graveyard on the failure of such owners to comply with such noticeand demand gives the Department a right of action to recover the expense ofsuch abatement, cost and expenses of suit.

(Added to NRS by 1971, 561; A 1979, 1785)

OUTDOOR ADVERTISING

NRS 410.220 Declarationof legislative intent.

1. The Legislature hereby finds and declares that:

(a) The erection and maintenance of outdoor advertisingsigns, displays and devices, in areas adjacent to the rights-of-way of theinterstate highway system and the primary highway system within this state, isa legitimate commercial use of private property adjacent to roads and highwaysand that regulation and control or removal of such outdoor advertising isnecessary to the system of state highways declared essential by NRS 408.100.

(b) The erection and maintenance of such advertising insuch locations must be regulated:

(1) To prevent unreasonable distraction ofoperators of motor vehicles, confusion with regard to traffic lights, signs orsignals and other interference with the effectiveness of traffic regulations;

(2) To promote the safety, convenience andenjoyment of travel on the state highways in this state;

(3) To attract tourists and promote theprosperity, economic well-being and general welfare of the State;

(4) For the protection of the public investmentin the state highways; and

(5) To preserve and enhance the natural scenicbeauty and aesthetic features of the highways and adjacent areas.

(c) All outdoor advertising which does not conform tothe requirements of NRS 410.220 to 410.410, inclusive, is contrary to thepublic safety, health and general welfare of the people of this state.

(d) The removal of signs adjacent to the rights-of-wayof the interstate or primary highway system within this state which providedirectional information about goods and services in the interest of thetraveling public and which:

(1) Were erected in conformance with the laws ofthe State of Nevada and subsequently became nonconforming under therequirements of 23 U.S.C. 131; and

(2) Were in existence on May 6, 1976,

could createsubstantial economic hardships in defined hardship areas within the State ofNevada.

2. It is the intent of the Legislature in NRS 410.220 to 410.410, inclusive, to provide a statutorybasis for regulation of outdoor advertising consistent with the public policydeclared by the Congress of the United States in areas adjacent to theinterstate and primary highway systems.

(Added to NRS by 1971, 1325; A 1977, 564)

NRS 410.230 Definitions. As used in NRS 410.220to 410.410, inclusive, the words andterms defined in NRS 410.250 to 410.310, inclusive, have the meaningsascribed to them in those sections, unless a different meaning clearly appearsin the context.

(Added to NRS by 1971, 1326; A 1973, 212; 1979, 1785;2005, 982)

NRS 410.250 Informationcenters defined. Information centers meansareas or sites established and maintained at safety rest areas for the purposeof informing the traveling public of places of interest within the State andproviding such other information as the director of the Department ofTransportation may consider desirable.

(Added to NRS by 1971, 1326; A 1979, 1785)

NRS 410.270 Outdooradvertising, outdoor advertising sign, display or device and sign, displayor device defined.

1. Outdoor advertising, outdoor advertising sign,display or device and sign, display or device mean any outdoor sign,display, device, light, figure, painting, drawing, message, plaque, poster,billboard or other thing which is designed, intended or used to advertise orinform, any part of the advertising or information contents of which is visiblefrom any place on the main-traveled way of the interstate or primary highwaysystems.

2. The terms do not include a sign that is required tobe erected and maintained in a gaming enterprise district pursuant to NRS 463.3092.

(Added to NRS by 1971, 1326; A 1997, 1712)

NRS 410.290 Safetyrest areas defined. Safety rest areas meansareas or sites established and maintained within or adjacent to theright-of-way by or under public supervision or control, for the convenience ofthe traveling public.

(Added to NRS by 1971, 1327)

NRS 410.300 Unzonedcommercial or industrial area defined. Unzonedcommercial or industrial area means an area which, although not zoned byauthority of state or local law, ordinance or regulation, is actually used forcommercial or industrial purposes as determined and defined by criteriaembodied in the written agreement between the Secretary of Transportation andthe Board.

(Added to NRS by 1971, 1327; A 1989, 1311)

NRS 410.305 Urbanarea defined. Urban area means an urbanizedarea, or in the case of an urbanized area encompassing more than one state,that part of the urbanized area in each such state, or an urban place, asdesignated by the Bureau of the Census of the United States Department ofCommerce, having a population of 5,000 or more and not within any urbanizedarea, within boundaries to be fixed by responsible state and local officials incooperation with each other, subject to approval by the Secretary ofTransportation of the United States. Such boundaries shall, as a minimum,encompass the entire urban place designated by the Bureau of the Census.

(Added to NRS by 1975, 1179)

NRS 410.310 Zonedcommercial or industrial area defined. Zonedcommercial or industrial area means an area zoned for commercial or industrialuses by authority of state or local law, ordinance or regulation.

(Added to NRS by 1971, 1327)

NRS 410.320 Outdooradvertising adjacent to highway prohibited; exceptions. Outdoor advertising shall not be erected or maintainedwithin 660 feet of the nearest edge of the right-of-way and visible from themain-traveled way of the interstate or primary highway systems in this state,and, outside urban areas outdoor advertising shall not be erected or maintainedbeyond 660 feet from the nearest edge of the right-of-way of the interstate andprimary highway systems which is visible and placed with the purpose of havingits message read from the main-traveled way of the interstate and primaryhighway systems in this state, except the following:

1. Directional, warning, landmark, informational andother official signs and notices, including but not limited to signs andnotices pertaining to natural wonders, scenic and historic attractions. Onlysigns which are required or authorized by law or by federal, state or countyauthority, and which conform to national standards promulgated by the Secretaryof Transportation pursuant to 23 U.S.C. 131, are permitted.

2. Signs, displays and devices which advertise thesale or lease of the property upon which they are located.

3. Signs, displays and devices which advertise theactivities conducted or services rendered or the goods produced or sold uponthe property upon which the advertising sign, display or device is erected.

4. Signs, displays and devices located in zonedcommercial or industrial areas, when located within 660 feet of the nearestedge of the right-of-way and visible from the main-traveled way of theinterstate and primary highway systems within this state.

5. Signs, displays and devices located in an unzonedcommercial or industrial area as defined in NRS410.300, when located within 660 feet of the nearest edge of theright-of-way and visible from the main-traveled way of the interstate andprimary highway systems within this state.

6. Nonconforming signs in defined hardship areas whichprovide directional information about goods and services in the interest of thetraveling public and are approved by the Secretary of Transportation pursuantto 23 U.S.C. 131(o).

(Added to NRS by 1971, 1327; A 1975, 1180; 1977, 565)

NRS 410.330 Agreementwith Secretary of Transportation; regulations governing permits for outdooradvertising and submission of requests for retention of nonconforming signs. The Board shall:

1. Enter into the agreement with the Secretary ofTransportation provided for by 23 U.S.C. 131(d), setting forth the criteriagoverning unzoned commercial or industrial areas and the spacing, size andlighting of outdoor advertising coming within the exceptions contained in subsections4 and 5 of NRS 410.320. The criteriamust be consistent with customary use in the outdoor advertising industry inthis state insofar as such customary use is consonant with the objectives ofthe Legislature as declared in NRS 410.220to 410.410, inclusive.

2. Prescribe regulations governing the issuance ofpermits by the Director for the erection and maintenance of outdoor advertisingcoming within the exceptions contained in subsections 4 and 5 of NRS 410.320. The regulations must be consistentwith the criteria governing size, lighting and spacing of outdoor advertisingas established by agreement between the Secretary of Transportation and theBoard pursuant to subsection 1 of this section.

3. Prescribe regulations governing the issuance ofpermits by the Director for the erection and maintenance of outdoor advertisingcoming within the exception contained in subsection 1 of NRS 410.320. The regulations must beconsistent with the national standards promulgated by the Secretary ofTransportation pursuant to 23 U.S.C. 131(c)(1).

4. Prescribe regulations governing the submission tothe Director of any declaration, resolution, certified copy of an ordinance orother direction from the governing body of a county, city or other governmentalagency that removal of signs which provide directional information about goodsand services in the interest of the traveling public would cause an economichardship in a specifically defined area. Any such declaration, resolution orordinance must request the retention of the signs in the defined hardship area.Upon receipt of a declaration, resolution or ordinance, the Director shallforward it to the Secretary of Transportation for inclusion as a definedhardship area qualifying for exemption pursuant to 23 U.S.C. 131(o) and shallcomply with the regulations of the Federal Highway Administration relating to applicationsfor such exemptions. The regulations must provide that any local governing bodysubmitting a request for exemption must perform the economic studies requiredby federal and state regulations to support the finding of economic hardship inthe defined area, and submit the results of the studies to the director. Thissubsection does not apply to any highway which is a part of the interstate orprimary highway system if such application would prevent this state fromreceiving federal funds or would result in sanctions against this state fornoncompliance under 23 U.S.C. 131.

(Added to NRS by 1971, 1327; A 1977, 566; 1979, 1785;1989, 1311)

NRS 410.340 Removalof prohibited outdoor advertising: Time limited; no compensation to owner ofcertain outdoor advertising.

1. Any outdoor advertising sign, display or devicelocated within 660 feet of the nearest edge of the right-of-way and visiblefrom the main-traveled way of the interstate or primary highway systems in thisstate, and, in the case of any outdoor advertising sign, display or devicelocated beyond 660 feet from the nearest edge of the right-of-way forinterstate and primary highway systems, which is located outside of urban areasand placed with the purpose of having its message read from the main-traveledway of the interstate and primary highway systems, which was lawfully inexistence and maintained on October 22, 1965, and which is not within one ofthe exceptions set forth in NRS 410.320,shall be removed no later than July 1, 1973, or 3 years from the date funds areavailable for such removal, except as provided in subsection 3.

2. Any other outdoor advertising sign, display ordevice located within 660 feet of the nearest edge of the right-of-way and visiblefrom the main-traveled way of any highway of the interstate or primary system,and, in the case of any outdoor advertising sign, display or device locatedbeyond 660 feet from the nearest edge of the right-of-way for interstate andprimary highway systems, which is located outside of urban areas and placedwith the purpose of having its message read from the main-traveled way of theinterstate and primary highway systems, and which is not within one of theexceptions set forth in NRS 410.320,shall be removed not later than the end of the fifth year after it becomesnonconforming.

3. Any outdoor advertising sign, display or devicelocated within 660 feet of the nearest edge of the right-of-way and visiblefrom the main-traveled way of the interstate or primary highway system, and, inthe case of any outdoor advertising sign, display or device located beyond 660feet from the nearest edge of the right-of-way for interstate and primary highwaysystems, which is located outside of urban areas and placed with the purpose ofhaving its message read from the main-traveled way of the interstate andprimary highway systems, and which is lawfully maintained on or after February20, 1972, but which subsequently becomes nonconforming with the provisions of NRS 410.220 to 410.410, inclusive, by reason of amendmentof such provisions or change in regulations or agreements prescribed or enteredinto as authorized by NRS 410.220 to 410.410, inclusive, may be maintained untilthe end of the fifth year after it becomes nonconforming.

4. No compensation shall be paid upon removal of anyoutdoor advertising sign, display or device erected after February 20, 1972,which as a result thereof become nonconforming. However, such outdooradvertising sign, display or device shall be removed only when all otheroutdoor advertising signs, displays or devices existing on February 20, 1972,have been removed.

(Added to NRS by 1971, 1328; A 1975, 1180)

NRS 410.350 Removalof prohibited outdoor advertising: Compensation to owners of outdooradvertising and real property.

1. Just compensation shall be paid upon the removal ofany outdoor advertising sign, display or device lawfully erected and maintainedand removed in accordance with the requirements of NRS 410.340.

2. Such compensation shall be paid for the following:

(a) The taking from the owner of such sign, display ordevice of all right, title, leasehold and interest in and to such sign, displayor device; and

(b) The taking from the owner of the real property onwhich the sign, display or device is located of the right to erect and maintainsuch existing signs, displays and devices.

3. Such compensation shall be paid by the State fromthe State Highway Fund, if a proportionate part of such compensation isreimbursable from federal funds in accordance with 23 U.S.C. 131.

(Added to NRS by 1971, 1328; A 1975, 1181)

NRS 410.360 Violationconstitutes public nuisance; abatement; recovery of costs; penalty.

1. Any outdoor advertising sign, display or deviceerected after February 20, 1972, which violates the provisions of NRS 410.220 to 410.410, inclusive, is hereby declared tobe a public nuisance and the Director shall remove any such sign, display ordevice which is not removed before the expiration of 30 days after notice ofthe violation and demand for removal have been served personally or byregistered or certified mail upon the landowner and the owner of the sign ortheir agents. Removal by the Department of the sign, display or device on thefailure of the owners to comply with the notice and demand gives the Departmenta right of action to recover the expense of the removal, cost and expenses ofsuit.

2. Any person who erects or causes to be erected anoutdoor advertising sign, display or device which violates the provisions of NRS 410.220 to 410.410, inclusive, shall pay to theDepartment:

(a) For the first violation, a fine of $50;

(b) For the second violation, a fine of $250;

(c) For the third or subsequent violation, a fine of$500 per violation; and

(d) The reasonable costs of collection.

(Added to NRS by 1971, 1328; A 1977, 569; 1979, 1786;1993, 898)

NRS 410.365 Remediesfor obstruction of visibility of outdoor advertising structure by noiseabatement project.

1. If any improvement project is caused to beconstructed for purposes of noise abatement by the Department within theright-of-way of a controlled access freeway, which obstructs the visibilityfrom the main traveled way of the controlled access freeway of an outdooradvertising structure that adjoins the controlled access freeway, theDepartment shall:

(a) Authorize, with the consent of the affected city orcounty pursuant to chapter 278 of NRS and atno cost to the State or any local government, the owner of the outdooradvertising structure to adjust the height or angle of the structure to aheight or angle that restores the visibility of the structure to the same orcomparable visibility as before the construction of the improvement project;

(b) Authorize, with the consent of the affected city orcounty pursuant to chapter 278 of NRS and atno cost to the State or any local government, the owner of the outdooradvertising structure to relocate the structure to another location on the sameparcel of land or on another parcel of land where the owner of the structurehas secured the right to construct a structure pursuant to the applicable localordinances in existence at that time and the relocation restores the visibilityof the structure to the same or comparable visibility as before theconstruction of the improvement project;

(c) Evaluate theimpact of the improvement project on the visibility of the outdoor advertisingstructure and may, in its discretion, implement design modifications to theproject which maintain the integrity of the project and which eliminate theeffect of the project on the visibility of the structure so that adjustments toor relocation of the structure are not required to maintain its visibility;

(d) Authorize, with the consent of the affected city orcounty pursuant to chapter 278 of NRS and atno cost to the State or any local government, any other relief which isconsistent with the public health, safety and welfare and which is mutually agreedupon by the governing body of the affected city or county, the Department andthe owner of the outdoor advertising structure; or

(e) If the actions described in paragraphs (a) to (d),inclusive, would not result in the same or comparable visibility of thestructure, let the visibility of the structure remain obstructed.

2. Any action authorized pursuant to subsection 1 mustcomply with applicable federal and state statutes and regulations, agreementswith the Federal Government or the State and, to the extent that theirprovisions do not conflict with this section, local ordinances governing theregulation of outdoor advertising structures.

3. The provisions of subsection 1 do not authorize theowner of an outdoor advertising structure to increase the size of the area ofdisplay of the structure.

4. The provisions of this section:

(a) Apply to lawfully erected conforming andnonconforming outdoor advertising structures;

(b) Are not intended to grant an express or impliedright of light, air or view over a controlled access freeway if such a right isnot otherwise provided by law;

(c) Do not apply to an outdoor advertising structurewhose visibility was obstructed on or before the effective date of this act byan improvement project for noise abatement;

(d) Do not change the designation of an existingnonconforming outdoor advertising structure from nonconforming to conforming;and

(e) Do not authorize an increase in the number ofnonconforming outdoor advertising structures.

5. As used in this section:

(a) Controlled access freeway means every highway toor from which owners or occupants of abutting lands and other persons areprohibited from having direct private access, and where access is allowed onlyat interchanges; and

(b) Outdoor advertising structure means a billboard,subject to a permit issued by the Department, that is designed, intended orused to disseminate commercial and noncommercial messages that do not concernthe premises upon which the billboard is located.

(Added to NRS by 2005, 981)

NRS 410.370 Safetyrest area: Distribution of maps, directories and pamphlets; establishment ofinformational center. In order to provideinformation in the specific interest of the traveling public, the Director isauthorized to maintain maps and to permit informational directories andadvertising pamphlets to be made available at safety rest areas. The Directoris also authorized to establish information centers at safety rest areas forthe purpose of informing the public of places of interest within the State andproviding such other information as he may consider desirable.

(Added to NRS by 1971, 1329; A 1979, 1786)

NRS 410.380 Informationalsign, display or device within right-of-way. TheDirector may, in consultation with the Secretary of Transportation, providewithin the right-of-way of the interstate highway system for areas atappropriate distances from interchanges at which signs, displays and devicesgiving specific information in the interest of the traveling public may beerected and maintained. Such signs must conform to national standardsprescribed by the Secretary of Transportation.

(Added to NRS by 1971, 1329; A 1979, 1787)

NRS 410.390 Inventoryof existing outdoor advertising; contents; penalty.

1. A person engaged in the business of outdooradvertising, which includes, but is not limited to, the erection, maintenanceand selling of advertising space on and along the interstate and primaryhighways of this state, shall, not later than January 1, 1972, furnish to theDirector a written inventory of all outdoor advertising signs, displays ordevices erected and being maintained by such person. Such inventory mustinclude, with respect to each such sign, not less than the followinginformation:

(a) Location and dimensions of the sign;

(b) Distance from the nearest edge of the right-of-way;

(c) Date erected; and

(d) Name and address of the owner of the property onwhich the sign is located.

2. For failure to comply with the conditions set forthin this section the Board may declare such outdoor advertising signs, displaysor devices to be a public nuisance and remove them in the manner provided by NRS 410.360.

(Added to NRS by 1971, 1329; A 1979, 1787; 1989,1312)

NRS 410.400 Regulations;fee for permit; no fee for certain signs; disposition of fees.

1. The Board shall prescribe:

(a) Regulations governing the issuance of permits foradvertising signs, displays or devices and for the inspection and surveillanceof advertising signs, displays or devices; and

(b) Such other regulations as it deems necessary toimplement the provisions of NRS 410.220to 410.410, inclusive.

2. The Department shall assess a reasonable annual feefor each permit issued to recover administrative costs incurred by theDepartment in the issuance of the permits, and the inspection and surveillanceof advertising signs, displays or devices.

3. No fee may be collected for any authorizeddirectional sign, display or device, or for authorized signs, displays or deviceserected by chambers of commerce, civic organizations or local governments,advertising exclusively any city, town or geographic area.

4. No fee may be collected for any temporary sign,display or device advertising for or against a candidate, political party orballot question in an election if the sign, display or device is:

(a) Erected not more than 60 days before a primaryelection and concerns a candidate, party or question for that primary or theensuing general election; and

(b) Removed within 30 days after:

(1) The primary election if the candidate, partyor question is not to be voted on at the ensuing general election.

(2) The general election in any other case.

TheDepartment may summarily remove any temporary political sign for which no feehas been paid if the sign is erected before or remains after the times prescribed.

5. All fees collected pursuant to this section must bedeposited with the State Treasurer for credit to the State Highway Fund.

(Added to NRS by 1971, 1329; A 1979, 436; 1981, 708;1989, 1312)

NRS 410.410 NRS 410.220to 410.400,inclusive, supplementary to NRS 405.020 to 405.110,inclusive; federal reimbursement prerequisite to continued effectiveness. The provisions of NRS410.220 to 410.400, inclusive:

1. Are supplementary to the provisions of NRS 405.020 to 405.110, inclusive. Where both such sets ofprovisions apply to any outdoor advertising sign, display or device, that setof provisions which prohibits the erection or maintenance of such sign, displayor device or which imposes greater restrictions upon such sign, display ordevice shall prevail.

2. Shall remain effective only so long as federal-aidhighway funds are apportioned to the State of Nevada and the Federal Governmentreimburses the State in accordance with 23 U.S.C. 131 for its share ofcompensation required for the removal of outdoor advertising signs, displaysand devices.

(Added to NRS by 1971, 1329)

 

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