Title 35

NRS 408.040 “City” defined. “City” means any municipality incorporated under state law. (Added to NRS by 1957, 663)

NRS 408.042 “Conveyance system” defined. “Conveyance system” means any system of drainage along or involving the roads or highways of this State, or within the rights-of-way of the Department, and designed or used to collect, contain, store or provide for the flow of surface and …

NRS 408.045 “Department” defined. “Department” means the Department of Transportation. (Added to NRS by 1957, 663; A 1979, 1762)

NRS 408.046 “Director” defined. “Director” means the Director of the Department of Transportation. (Added to NRS by 1985, 891)

NRS 408.0465 “Discharge” defined. “Discharge” means the release of any pollutant, as that term is defined in NRS 445A.400, onto any state highway, within any right-of-way or into, onto or by way of any conveyance system. (Added to NRS by 2015, 2133)

NRS 408.047 “Displaced person” defined. “Displaced person” means any: 1. Person who is head of a family or any individual not a member of a family who moves from a dwelling as the result of the acquisition, or reasonable expectation of acquisition and the subsequent acquisition, …

NRS 408.050 “Encroachment” defined. “Encroachment” means any tower, pole, pole line, wire, pipe, pipeline, fence, billboard, approach road, driveway, stand or building, crop or crops, flora, discharge of any kind or character or any structure which is placed in, upon, under or ov…

NRS 408.056 “Family” defined. “Family” means two or more individuals living together in the same dwelling unit who are related to each other by blood, marriage, adoption or legal guardianship. (Added to NRS by 1969, 554)

NRS 408.057 “Farm operation” defined. “Farm operation” means any activity conducted primarily for the production of one or more agricultural products or commodities for sale or home use and customarily producing such products or commodities in sufficient quantity to be capable of…

NRS 408.058 “Farmer” defined. “Farmer” is any person who as an owner, part owner, tenant or sharecropper operates a farm. (Added to NRS by 1969, 555)

NRS 408.059 “Federal-aid highways” defined. The term “federal-aid highways” has the meaning ascribed to it in 23 U.S.C. § 101. (Added to NRS by 1969, 555)

NRS 408.060 “Freeway” defined. “Freeway” means a highway or road in respect to which the owners or occupants of abutting lands and other persons have no abutter’s rights of light, view and air, or easements of access to and from the abutting lands, or in respect to which such own…

NRS 408.065 “Frontage road” defined. “Frontage road” means any frontage road, service road, frontage highway, or service highway providing service and access from areas adjacent to a highway or freeway. (Added to NRS by 1957, 663)

NRS 408.067 “Grade line” defined. “Grade line” means the elevation above sea level of the surface of a highway. (Added to NRS by 1971, 1330)

NRS 408.070 “Highway” defined. “Highway” means roads, bridges, structures, culverts, curbs, drains, conduit infrastructure for conveying telecommunications cable, line, fiber and wire, and all buildings, communication facilities, services and works incidental to highway construct…

NRS 408.077 “Planning agency” defined. “Planning agency” means: 1. The planning commission for the city in which the road is entirely located; or 2. A county or regional planning commission, if there is one, or the board of county commissioners or Nevada Tahoe Regional Planning A…

NRS 408.078 “Public lands” defined. “Public lands” means all lands within the exterior boundaries of the State of Nevada except lands: 1. To which title is held by any private person or entity; 2. To which title is held by the State of Nevada, any of its local governments or the …

NRS 408.080 “Rights-of-way” defined. “Rights-of-way” means land, property or any interest therein acquired for or devoted to highways whether or not the entire area of such is actually used for highway purposes. (Added to NRS by 1957, 664)

NRS 408.090 “Shall” and “may” construed. “Shall” is mandatory and “may” is permissive. (Added to NRS by 1957, 664)

NRS 408.095 “Town” defined. “Town” means any unincorporated town governed by the board of county commissioners of the county where it is located. (Added to NRS by 1957, 664; A 1983, 134)

NRS 408.100 Declaration of legislative intent. Recognizing that safe and efficient highway transportation is a matter of important interest to all the people of the State, and that an adequate highway system is a vital part of the national defense, the Legislature hereby determin…

NRS 408.106 Creation; Board of Directors. 1. There is hereby created a Department of Transportation, administered by a seven-member Board of Directors consisting of the Governor, the Lieutenant Governor, and the State Controller, who serve ex officio, and four members who are app…

NRS 408.111 Composition; heads of divisions. 1. The Department consists of a Director, three Deputy Directors, a Chief Engineer and the following: (a) Administrative Division. (b) Operations Division. (c) Engineering Division. (d) Planning Division. 2. The head of a Division is a…

NRS 408.115 Office. The Department shall maintain its principal offices at Carson City, Nevada. The offices must be kept open at such times as the business of the Department and the convenience or the interest of the public may require. The offices are under the supervision of th…

NRS 408.116 Legal actions; process. 1. All legal notices, writs, service and process issued or ordered by a court of competent jurisdiction wherein the Department is named as a defendant must be personally served upon both the Director and the Chair of the Board or, in the absenc…

NRS 408.118 Study of operations of Department: Legislative approval required. Before the Board or the Director may enter into an agreement providing for a study of the operations of the Department, the process to be used to select a person to perform the study and the proposed ag…

NRS 408.119 Governor authorized to direct naming of state highway, road, bridge or transportation facility after deceased member of Armed Forces of United States; duties of Director. 1. The Governor may, upon receiving a recommendation from the Nevada Veterans Services Commission…

NRS 408.121 Adoption and use of seal; appointment and duties of Secretary. 1. The Board shall adopt a seal for use in authenticating contracts, records and proceedings of the Department. 2. The Board shall appoint a Secretary from within the Department, who shall: (a) Attend all …

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 execution of 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 relating to the general policy of the Department and transact such business as properly comes before it. 2. Receive and consider, at such time as the Board selects, an annual report by the Director. …

NRS 408.133 Plan for measuring performance of Department; report on level of achievement. 1. The Board shall adopt a plan for measuring the performance of the Department, which must include separate sets of performance measurements for each division of the Department and for the …

NRS 408.141 Rules; agreements with other states; designation of alternate routes for transportation of hazardous material. The Board may: 1. Adopt such rules, bylaws, motions and resolutions, not inconsistent with this chapter, as are necessary to govern the administration, activ…

NRS 408.146 Sale or lease of certain water rights to public utility; reconveyance. 1. The Board may sell or lease any of the State’s water rights which are appurtenant to real property acquired pursuant to this chapter to a public utility engaged in the business of furnishing wat…

NRS 408.151 Loans from financial institutions; limitations. 1. Whenever the Legislature is not in session, the Board may borrow, with the approval of the State Board of Examiners, money from financial institutions for short periods to carry out the responsibilities of the Departm…

NRS 408.160 Director: Appointment; term. The Board shall select a person to be the Director of the Department who: 1. Is responsible to the Board; and 2. Serves at the pleasure of the Board. (Added to NRS by 1957, 667; A 1963, 574; 1971, 166; 1979, 1764; 1987, 1801; 1989, 1299)

NRS 408.163 Director: Qualifications; classification. The Director: 1. Is in the unclassified service of the State. 2. Must have had at least 5 years of responsible administrative experience in public or business administration. 3. Must possess broad skills as a manager in areas …

NRS 408.170 Director: Other employment prohibited; removal. The Director shall devote his or her whole time to the duties of his or her office, and may be removed by the Board at any time. (Added to NRS by 1957, 667; A 1979, 1764; 1987, 1801; 1989, 1299)

NRS 408.172 Chief Counsel: Appointment; assistants; duties; classification. 1. Subject to the approval of the Board, the Attorney General shall, immediately upon request by the Board, appoint an attorney at law as the Chief Counsel of the Department, and such assistant attorneys …

NRS 408.175 Employment of Deputy Directors and other personnel; restrictions on other employment of Deputy 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 duty required or…

NRS 408.178 Qualifications and classifications of Deputy Directors and Chief Engineer. 1. Each Deputy Director: (a) Is in the unclassified service of the State. (b) Must: (1) Hold a bachelor’s degree in business, economics or public or business administration; (2) Hold the degree…

NRS 408.180 Oaths of Director and Deputy Directors. The Director and Deputy Directors shall each take the official oath. (Added to NRS by 1957, 667; A 1969, 707; 1975, 346; 1979, 1765; 2003, 2521)

NRS 408.185 Facsimile signatures of Director and Deputy Directors. 1. The Director and Deputy Directors may use a facsimile signature produced through a mechanical device in place of their handwritten signatures whenever the necessity may arise. 2. Such a device must be of such a…

NRS 408.190 Duties of Director: General plan of highways; information, statistics and maps. The Director shall cause to be made and kept by the Department a general plan of the highways and shall collect information and compile statistics and maps relative to the mileage, traffic…

NRS 408.195 Duties of Director: General supervision of highways. The Director shall determine the character and has the general supervision of the construction, reconstruction, improvement, maintenance and repair of all highways, facilities and services authorized under the provi…

NRS 408.200 Duties of Director: Standards for construction and maintenance; telecommunications facilities within rights-of-way; cooperation with county officers. 1. The Director shall investigate and determine the methods of highway construction best adapted to the various sectio…