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Nevada Revised Statutes

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Nevada NRS
Highways; Roads; Bridges; Parks
Highways, Roads & Transp. Facilities
Short title.

Nevada Highways; Roads; Bridges; Parks
Sec. § 408.010
Short title.

This chapter shall be known as the Highways and Roads Law.

408.010
Short title. 408.015
Rules of construction. 408.020
Definitions. 408.033
“Board” defined. 408.037
“Business” defined. 408.040
“City” defined. 408.042
“Conveyance system” defined. 408.045
“Department” defined. 408.046
“Director” defined. 408.047
“Displaced person” defined. 408.050
“Encroachment” defined. 408.056
“Family” defined. 408.057
“Farm operation” defined. 408.058
“Farmer” defined. 408.059
“Federal-aid highways” defined. 408.060
“Freeway” defined. 408.065
“Frontage road” defined. 408.067
“Grade line” defined. 408.070
“Highway” defined. 408.077
“Planning agency” defined. 408.078
“Public lands” defined. 408.080
“Rights-of-way” defined. 408.090
“Shall” and “may” construed. 408.095
“Town” defined. 408.100
Declaration of legislative intent. 408.106
Creation; Board of Directors. 408.115
Office. 408.118
Study of operations of Department: Legislative approval required. 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. 408.121
Adoption and use of seal; appointment and duties of Secretary. 408.126
Meetings. 408.133
Plan for measuring performance of Department; report on level of achievement. 408.141
Rules; agreements with other states; designation of alternate routes for transportation of hazardous material. 408.146
Sale or lease of certain water rights to public utility; reconveyance. 408.151
Loans from financial institutions; limitations. 408.160
Director: Appointment; term. 408.163
Director: Qualifications; classification. 408.170
Director: Other employment prohibited; removal. 408.178
Qualifications and classifications of Deputy Directors and Chief Engineer. 408.180
Oaths of Director and Deputy Directors. 408.185
Facsimile signatures of Director and Deputy Directors. 408.190
Duties of Director: General plan of highways; information, statistics and maps. 408.195
Duties of Director: General supervision of highways. 408.200
Duties of Director: Standards for construction and maintenance; telecommunications facilities within rights-of-way; cooperation with county officers. 408.201
Duties of Director: Policies for use of recycled materials in highways. 408.203
Duties of Director: Reports to Legislature. 408.210
Powers of Director: Closing and construction of highways; removal of encroachments. 408.212
Powers of Director: Easements for monorail or other systems of transportation. 408.213
Powers of Director: Designation of highway as scenic route; adoption of regulations. 408.214
Duties of Director: Designation of restricted highways. 408.220
Duties of Director: Reports to Board. 408.228
Highway Safety Information and Outreach Coordinator: Creation; duties; authority to provide certain grants. 408.233
Planning Division: Responsibilities and duties; operation of railroad or airport prohibited. 408.234
Motor Vehicle Recovery and Transportation Planner: Creation; duties. 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. 408.240
State Highway Revolving Account: Establishment; use; warrants; deposit; transfers to State Highway Fund. 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 account. 408.245
Acceptance of federal acts. 408.250
Federal acts: State highways; contracts; pledge to match federal money. 408.255
Federal acts: Secondary and feeder highways; contracts; pledge to match federal money. 408.260
Federal lands: Construction and maintenance of highways; availability of federal money. 408.270
Vouchers for payment; temporary transfer of money from State General Fund to State Highway Fund. 408.271
Department may expend money to conduct studies and match federal money for capital acquisitions. 408.273
Issuance of bonds. 408.275
Surveys, maps and studies of traffic; roadside parks; rest areas; receipt of federal money; regulations. 408.280
Program for work on highways: Contents; distribution. 408.281
Program for work on highways: Inclusion of designated projects for use of recycled products. 408.283
Cooperative agreements between Department of Transportation and county commissioners. 408.285
State highways; designation of other highways and roads as state highways and state routes; route numbers; roads for state parks. 408.290
Procedure for establishment of new routes. 408.303
U.S. Highway No. 6 designated as Grand Army of the Republic Highway; placement of markers. 408.307
Comstock Highway: Designation; placement of markers. 408.309
Designation of Route 94. 408.313
Manner of construction; use of recycled materials. 408.317
Supervision of work by Director; payments from State Highway Fund. 408.319
Report of projects for construction and maintenance: Preparation; contents; revision; public inspection. 408.321
Consideration of motor vehicle recovery lanes, bicycle lanes, various services for bicycles and turnouts for slower vehicles. 408.323
Conditions for execution of work without contract; work resulting from disaster or emergency. 408.327
Advertisement for bids; publication. 408.333
Bids and bidders: Experience and financial ability; disqualification; hearing upon disqualification; appeal of decision. 408.337
Bids and bidders: Security; forfeiture; refunds. 408.343
Bids and bidders: Procedure for award of contract; regulations. 408.346
Monetary incentive for early completion of contract. 408.347
Execution of contract in name of State; copies filed with Department and county commissioners. 408.353
Interest of member of Board, officer or employee prohibited; exception; voidability; penalties. 408.354
Contract awarded to railroad company may provide under certain circumstances that railroad company is exempt from requirements concerning bonds. 408.357
Bids and bidders: Bonds required of successful bidders; exception; conditions; sureties. 408.363
Claims against contractors bond; action against surety. 408.367
Project not exceeding $250,000: Solicitation and rejection of bids; quarterly reports; public records; bonds. 408.373
Contractor: Compliance with state laws concerning workers compensation and unemployment compensation; compliance with other laws. 408.377
Subcontractor: Approval; compliance with laws. 408.379
Subcontractor: State business license required. 408.383
Contractor: Partial payments; percentage retained; substitution of certain obligations for retained payments; period for dispersal of money by contractor to subcontractors; rate of interest on delinquent dispersal; procedure for resolution of dispute over dispersal. 408.387
Contract: Publication of notice of final acceptance; final settlement. 408.388
Projects for which Department may contract with design-build team. 408.393
Enforcement of laws concerning labor; charges for transportation and meals; penalty; exception. 408.397
Procedure for diversion or change of route of highway. 408.403
Freeways. 408.407
Reimbursement of utility by State for relocation of facility located on or near certain highways. 408.413
Improvement of state highway Route No. 81. 408.417
Guideposts, signs and markers: Erection; metric units; penalty for destruction; liability for costs of repair and replacement. 408.423
Permit required to excavate state highway; exception; fee. 408.427
Unauthorized crossing, removal or destruction of control-of-access fence or barrier on highway: Injunction; recovery of expenses of restoration. 408.433
Roadside parks and rest areas: Unlawful acts; penalties. 408.439
Advisory Committee on Transportational Storm Water Management: Creation; members and appointing authority; chair; terms; vacancies; meetings; duties; required reports. 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. 408.442
Entry and inspection of premises. 408.444
Violations: Remedies; exception. 408.446
Violations: Director authorized to issue order for compliance; exception. 408.448
Violations: Injunctive relief; exception. 408.449
Violations: Civil penalty; exceptions. 408.451
Director to conduct independent investigation before determining whether to take certain corrective actions; exception. 408.0465
“Discharge” defined. 408.487
Acquisition of property: Purposes. 408.489
Acquisition of property: Manner; costs. 408.493
Acquisition of property: Survey and location of right-of-way; judicial order permitting entry for examination and appraisal. 408.497
Construction, alteration or improvement of highway: Claim for damage to land or interests; proceeding in inverse condemnation. 408.503
Eminent domain: Resolution by Board; precedence over other legal actions. 408.507
Lease or rental of property. 408.513
Acquisition of property by towns and cities; costs; transfer of interest to State. 408.517
Acquisition of property by counties; costs; transfer of interest to State. 408.523
Summary vacation and abandonment of portion of state highway superseded by relocation or in excess of needs; resolution of Board; recordation. 408.527
Procedure for relinquishment of roadways; regulations. 408.533
Disposal of property. 408.537
State consent to close public road on public land: Application; notice; duties of planning agencies. 408.543
State consent to close public road on public land: Duties of Department. 408.547
State consent to close public road on public land: Determination by Board; approval by inaction; certificate of consent. 408.548
Authority of Department to request submission of proposals; regulations. 408.549
Federal, state or local assistance. 408.551
“Center” defined. 408.553
Designation of locations for signs and centers. 408.557
Regulations. 408.559
Development and review of plan. 408.561
Toll-free telephone system for public accommodations; apportionment of costs. 408.562
Directors recommendations for programs: Approval by Board; funding. 408.563
Agreements with governmental agencies or others. 408.567
Account for Systems of Providing Information to the Traveling Public: Creation; sources; use. 408.569
System of communication to report emergencies and to obtain information concerning conditions for driving required along certain frequently traveled highways. 408.571
Educational program: Duty of Department to develop; content. 408.573
Nevada Bicycle and Pedestrian Advisory Board: Creation; appointment, terms and compensation of members. 408.577
Nevada Bicycle and Pedestrian Safety Advisory Board: Duties; gifts, grants and donations; Department to provide secretarial services. 408.579
Electric bicycles authorized for use on trails or walkways intended for use by bicycles. 408.601
Permits to solicit charitable contributions while standing on median strip of highway or sidewalk adjacent to highway. 408.2831
Contents of agreement. 408.2832
Priority of improvement projects; determination of ability of county to perform. 408.2833
Standards for project. 408.3195
Written analysis of costs and benefits of proposed highway projects: Contents; availability to Board and public. 408.3875
Definitions. 408.3876
“Design-build contract” defined. 408.3877
“Design-build team” defined. 408.3878
“Prime contractor” defined. 408.3879
“Project” defined. 408.3881
Public meeting; notice. 408.3882
Procedure for selecting design-build team. 408.3883
Request for preliminary proposals: Advertisement by Department; publication; information available for inspection by design-build teams. 408.3884
Qualifications of design-build team. 408.3885
Procedure for selecting finalists from among design-build teams that submitted preliminary proposals. 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; duties of design-build team. 408.3887
Employment of architect or engineer as consultant during construction. 408.3888
Certain submittals confidential until notice of intent to award contract is issued. 408.5471
“Transportation facility” defined. 408.5473
Authority of Department to authorize transportation facilities. 408.5475
Submission of request to Department; contents of request. 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 commencement of construction of transportation facility. 408.5484
Certain submittals confidential until notice of intent to award contract is issued. 408.5485
Contract for transportation services. 408.5501
Definitions. 408.5502
Agreement required for longitudinal or wireless access to right-of-way by telecommunications provider; requirements for agreement; compensation required; types of compensation allowed. 408.55011
“Council” defined. 408.55012
“Longitudinal access” defined. 408.55013
“Permit” defined. 408.55014
“Right-of-way” defined. 408.55015
“Statewide telecommunications purposes” defined. 408.55016
“Telecommunications facility” defined. 408.55017
“Telecommunications provider” defined. 408.55018
“Utility facility” defined. 408.55019
“Wireless access” defined. 408.55021
Longitudinal or wireless access not granted where safety, efficiency or convenience of use by traveling public compromised. 408.55022
Costs of trenching and trench sharing to be proportionate and shared fairly among parties to agreement. 408.55023
Monetary compensation must be deposited in State Highway Fund; in-kind compensation must be fairly valued by Department and used for statewide telecommunications purposes. 408.55024
Department may offer use of and access to spare conduit and related facilities to telecommunications provider: Requirements; compensation rates; duties of Department. 408.55025
In-kind compensation: Types; valuation by Department. 408.55026
Two or more telecommunications providers: Agreements must require shared obligation for compensation; joint and several liability; Department authorized to audit and review relevant records. 408.55027
Existing policies and procedures relating to utilities in rights-of-way not altered; factors Department may consider to determine insurance requirements; authority of Department to determine or dictate placement of telecommunications facilities; compliance with certain federal laws required. 408.55028
Telecommunications Advisory Council: Creation; members; meetings; compensation; duties. 408.55029
Regulations.

Source

Nev. Legislature

Last accessed

Nov. 17, 2019

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Location:https://nevada.public.law/statutes/nrs_408.010.

Original Source: § 408.010 — Short title., https://www.leg.state.nv.us/NRS/NRS-408.html#NRS408Sec010 (last accessed Nov. 17, 2019).