Title 35

NRS 408.3885 Procedure for selecting finalists from among design-build teams that submitted preliminary proposals. 1. The Department shall select at least three but not more than five finalists from among the design-build teams that submitted preliminary proposals. If the Departm…

NRS 408.3886 Requests for final proposals and best and final offers: Selection or rejection of proposal or offer; contents of contract between Department and design-build team; applicability of prevailing wage requirements to projects; duties of design-build team. 1. After select…

NRS 408.3887 Employment of architect or engineer as consultant during construction. The Department may employ a registered architect or licensed professional engineer as a consultant to assist the Department in overseeing the construction of a project. An architect or engineer so…

NRS 408.3888 Certain submittals confidential until notice of intent to award contract is issued. 1. Any document or other information submitted to the Department in response to a design-build project initiated pursuant to NRS 408.3881 by a person who is a member of a design-build…

NRS 408.389 Approval of Board of Directors required for purchase of certain equipment; analysis of costs and benefits of purchase and alternatives. 1. Except as otherwise provided in subsection 2, the Department shall not purchase any equipment which exceeds $50,000, unless the p…

NRS 408.393 Enforcement of laws concerning labor; charges for transportation and meals; penalty; exception. 1. The Department shall: (a) Cooperate with the Labor Commissioner in the enforcement of the state labor laws insofar as the labor laws relate to labor performed in constru…

NRS 408.397 Procedure for diversion or change of route of highway. Whenever in the construction, reconstruction, maintenance or repair of any highway it appears to the Director that any portion of the highway is dangerous or inconvenient to the traveling public in its existing lo…

NRS 408.403 Freeways. 1. Upon a resolution of the Board, the Department under the provisions of this chapter may lay out, establish, acquire, open, construct, reconstruct, improve, maintain, repair, regulate, vacate or abandon freeways, with the approval of the board of county co…

NRS 408.407 Reimbursement of utility by State for relocation of facility located on or near certain highways. 1. For the purposes of this section: (a) “Cost of relocation” means the entire amount paid by a utility properly attributable to the relocation of its facilities, includi…

NRS 408.413 Improvement of state highway Route No. 81. The Department may pave and improve state highway Route No. 81, beginning on Route No. 34 at Gerlach, thence northwesterly through Squaw Valley and Duck Flat to the Nevada-California boundary at the southerly end of Surprise …

NRS 408.417 Guideposts, signs and markers: Erection; metric units; penalty for destruction; liability for costs of repair and replacement. 1. As a part of every plan and of all specifications and contracts for the construction of highways, provisions must be made for the erection…

NRS 408.423 Permit required to excavate state highway; exception; fee. 1. No state highway or right-of-way may be disturbed, dug up, crossed, encroached upon, discharged upon or otherwise used for the laying or re-laying of pipelines, ditches, flumes, sewers, poles, wires, approa…

NRS 408.427 Unauthorized crossing, removal or destruction of control-of-access fence or barrier on highway: Injunction; recovery of expenses of restoration. Whenever any person cuts, removes, destroys, crosses or otherwise penetrates a control-of-access fence or barrier maintaine…

NRS 408.429 Clean-up of encampment of homeless persons in right-of-way. 1. The Department may: (a) Consult with a homeless outreach team; and (b) Participate in the clean-up of an encampment of homeless persons in a right-of-way, as defined in NRS 408.55014. 2. As used in this se…

NRS 408.433 Roadside parks and rest areas: Unlawful acts; penalties. 1. Except as otherwise provided in NRS 408.553, 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, ware…

NRS 408.437 Permit to use law enforcement vehicle; limitations. 1. The Department shall establish a program wherein a contractor that has been awarded a contract for the construction, reconstruction, improvement, maintenance or repair of a highway may obtain a permit for the use …

NRS 408.441 Discharge of pollutant upon highway or right-of-way prohibited in certain circumstances; abatement, removal or remediation required upon receipt of compliance order; remedies available to Department. 1. No person shall discharge or cause a discharge upon a state highw…

NRS 408.442 Entry and inspection of premises. To enforce the provisions of NRS 408.441 or any rule, regulation, standard, permit or order of the Director related thereto, the Director or an authorized designee of the Director may, upon presenting proper credentials: 1. Enter upon…

NRS 408.444 Violations: Remedies; exception. 1. Except as otherwise provided in NRS 408.451, if the Director finds that any person is engaged or is about to engage in any act or practice which violates any rule, regulation, standard, permit or order issued by the Director for the…

NRS 408.446 Violations: Director authorized to issue order for compliance; exception. 1. Except as otherwise provided in NRS 408.451, if the Director finds that any person is engaged in or is about to engage in any act or practice which constitutes or will constitute a violation …

NRS 408.448 Violations: Injunctive relief; exception. 1. Except as otherwise provided in NRS 408.451, the Director may seek injunctive relief in a court of competent jurisdiction to prevent the continuance or occurrence of any act or practice which violates any provision of NRS 4…

NRS 408.449 Violations: Civil penalty; exceptions. Except as otherwise provided in NRS 408.441 to 408.451, inclusive, any person who violates or aids or abets in the violation of any provision of NRS 408.441, or of any rule, regulation, standard, permit or order issued pursuant t…

NRS 408.451 Director to conduct independent investigation before determining whether to take certain corrective actions; exception. 1. Except as otherwise provided in subsection 2, before determining whether to issue an order for compliance, commence a civil action, request that …

NRS 408.487 Acquisition of property: Purposes. 1. In all cases of highways constructed, reconstructed or improved under the provisions of this chapter which are located or relocated over privately owned property the Department may acquire, in the name of the State, either in fee …

NRS 408.489 Acquisition of property: Manner; costs. 1. The property and interests therein must be acquired by the Department in the name of and in behalf of the State, either by donation, dedication, agreement, exchange, lease, option, purchase or through the exercise of the powe…

NRS 408.493 Acquisition of property: Survey and location of right-of-way; judicial order permitting entry for examination and appraisal. 1. Whenever land is required for highway purposes, the Department shall survey and locate the right-of-way in a manner most compatible with the…

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 or damage for injury to land or interests therein arising from the construction, alteratio…

NRS 408.503 Eminent domain: Resolution by Board; precedence over other legal actions. 1. The Department shall not commence any legal action in eminent domain until the Board adopts a resolution declaring that the public interest and necessity require the acquisition, construction…

NRS 408.507 Lease or rental of property. 1. Except as otherwise provided in subsection 2, real property held in fee or improvements on the property acquired by the Department in advance of the actual construction, reconstruction or improvement of highways or in order to avoid the…

NRS 408.513 Acquisition of property by towns and cities; costs; transfer of interest to State. 1. When highways are constructed, reconstructed or improved in accordance with this chapter through towns and through cities, the Department may require such towns and cities to acquire…

NRS 408.517 Acquisition of property by counties; costs; transfer of interest to State. 1. When highways are constructed, reconstructed or improved by the State in accordance with this chapter outside of the limits of any unincorporated town or incorporated city, the Department ma…

NRS 408.523 Summary vacation and abandonment of portion of state highway superseded by relocation or in excess of needs; resolution of Board; recordation. 1. The Board may retain or may summarily vacate and abandon any portion of a state highway if that portion has been supersede…

NRS 408.527 Procedure for relinquishment of roadways; regulations. 1. Whenever the Department and the county or city concerned have entered into a written agreement providing therefor, and the legislative body of the county or city has adopted a resolution consenting thereto, the…

NRS 408.533 Disposal of property. 1. Except as otherwise provided in NRS 37.270, all real property, interests therein or improvements thereon and personal property acquired before, on or after April 1, 1957, in accordance with the provisions of NRS 408.487 and 408.489 must, after…

NRS 408.537 State consent to close public road on public land: Application; notice; duties of planning agencies. 1. Upon receipt of an application for consent to close a public road on public land, the Department shall give written notice of the application to the planning agenci…

NRS 408.543 State consent to close public road on public land: Duties of Department. 1. The Department shall hold a hearing on an application to close a public road on public land within 45 days after it receives the written recommendation from the planning agency. The Department…

NRS 408.547 State consent to close public road on public land: Determination by Board; approval by inaction; certificate of consent. 1. The Board in deciding whether to grant or deny the consent of the State to close a public road on public land shall: (a) Balance the interests o…

NRS 408.5471 “Transportation facility” defined. As used in NRS 408.5471 to 408.549, inclusive, unless the context otherwise requires, “transportation facility” has the meaning ascribed to it in NRS 338.161. (Added to NRS by 2003, 2028; A 2015, 453; 2017, 538)

NRS 408.5473 Authority of Department to authorize transportation facilities. The Department may authorize a person to develop, construct, improve, maintain or operate, or any combination thereof, a transportation facility pursuant to NRS 408.5475 or 408.548. (Added to NRS by 2003…

NRS 408.5475 Submission of request to Department; contents of request. 1. A person may submit a request to the Department to develop, construct, improve, maintain or operate, or any combination thereof, a transportation facility. 2. The request must be accompanied by the followin…

NRS 408.548 Authority of Department to request submission of proposals; regulations. 1. If the Department receives a request regarding a transportation facility pursuant to NRS 408.5475 and the Department determines pursuant to the provisions of subsection 1 of NRS 408.5483 that …

NRS 408.5483 Approval of request or proposal: Determination of public purpose; staff reports; copy of request or proposal to be furnished to affected governmental entities; fee; approval contingent on entering agreement with Department; establishment of date for development of or…

NRS 408.5484 Certain submittals confidential until notice of intent to award contract is issued. 1. Any document or other information submitted to the Department in response to a request for proposals pursuant to NRS 408.548 by a person seeking a contract to develop, construct, i…

NRS 408.5485 Contract for transportation services. The Department may contract with a person whose request or proposal is approved pursuant to NRS 408.5483 for transportation services to be provided by the transportation facility in exchange for such payments for service and othe…

NRS 408.549 Federal, state or local assistance. The Department may take any action necessary to obtain federal, state or local assistance for a transportation facility that it approves and may enter into any contracts required to receive such assistance. The Department shall make…

NRS 408.5501 Definitions. As used in NRS 408.5501 to 408.55029, inclusive, the words and terms defined in NRS 408.55011 to 408.55019, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 2017, 531)