Title 35

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…

NRS 408.201 Duties of Director: Policies for use of recycled materials in highways. The Director shall adopt policies that provide for the use of recycled aggregate, recycled bituminous pavement and recycled rubber from tires in projects for the construction, reconstruction, impr…

NRS 408.203 Duties of Director: Reports to Legislature. The Director shall: 1. Compile a comprehensive report outlining the requirements for the construction and maintenance of highways for the next 10 years, including anticipated revenues and expenditures of the Department, and …

NRS 408.205 Powers of Director: Execution of instruments and documents; deductions from wages of officers and employees for purchase of United States Savings Bonds or similar obligations. 1. With the approval of the Board, the Director may execute all plans, specifications, contr…

NRS 408.210 Powers of Director: Closing and construction of highways; removal of encroachments. 1. Except as otherwise provided in NRS 484D.655, the Director of the Department of Transportation may restrict the use of, or close, any highway whenever the Director considers the clo…

NRS 408.212 Powers of 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 underground system used for transportation easements for: (a) The install…

NRS 408.213 Powers of Director: Designation of highway as scenic route; adoption of regulations. 1. The Director may designate a highway or portion of a highway as a scenic route if the route meets the requirements established by regulation for such a designation. 2. The Director…

NRS 408.214 Duties of Director: Designation of restricted highways. The Director shall designate restricted highways which are susceptible to severe damage if traveled upon on or after February 1 but before May 1 in violation of a limitation of weight imposed by NRS 484D.615 to 4…

NRS 408.215 Duties of Director: Records; index of deeds; regulations. 1. The Director has charge of all the records of the Department, keeping records of all proceedings pertaining to the Department and keeping on file information, plans, specifications, estimates, statistics and…

NRS 408.220 Duties of Director: Reports to Board. Before September 1 of each even-numbered year, for the biennium ending June 30 of that year, and at such other times as the Board designates, the Director shall report all the proceedings of the Department to the Board. (Added to …

NRS 408.225 Powers of Director: Purchase and rental of and contracts for equipment, supplies and services. Except as otherwise provided in NRS 408.323 and 226.700 to 226.832, inclusive, the Director, with the approval of the Board, may rent, lease, purchase and contract for all e…

NRS 408.228 Highway Safety Information and Outreach Coordinator: Creation; duties; authority to provide certain grants. The position of Highway Safety Information and Outreach Coordinator is hereby created in the Department. The Highway Safety Information and Outreach Coordinator…

NRS 408.233 Planning Division: Responsibilities and duties; operation of railroad or airport prohibited. 1. The primary responsibilities of the Planning Division are to: (a) Develop and coordinate balanced transportation policy and planning which are consistent with the social, e…

NRS 408.234 Motor Vehicle Recovery and Transportation Planner: Creation; duties. 1. The position of Motor Vehicle Recovery and Transportation Planner is hereby created in the Department. 2. The Motor Vehicle Recovery and Transportation Planner shall: (a) Develop and administer a …

NRS 408.235 State Highway Fund: Creation; sources; uses; payment of bills; limitations on use of bond proceeds and taxes ad valorem; limitations on use of lease fees. [Effective through June 30, 2027.] 1. There is hereby created the State Highway Fund. 2. Except as otherwise prov…

NRS 408.240 State Highway Revolving Account: Establishment; use; warrants; deposit; transfers to State Highway Fund. 1. The State Highway Revolving Account is hereby established in an amount not to exceed $500,000. The money in the Account may be used by the Department to provide…

NRS 408.242 Establishment of nonreverting account for construction, reconstruction, improvement and maintenance of public roads consisting of money transferred from Fund for Cleaning Up Discharges of Petroleum and money from other sources; semiannual allocation of balance of acco…