Chapter 408 Highways, Roads and Transportation Facilities


Short title.
Rules of construction.
“Board” defined.
“Business” defined.
“City” defined.
“Conveyance system” defined.
“Department” defined.
“Director” defined.
“Displaced person” defined.
“Encroachment” defined.
“Family” defined.
“Farm operation” defined.
“Farmer” defined.
“Federal-aid highways” defined.
“Freeway” defined.
“Frontage road” defined.
“Grade line” defined.
“Highway” defined.
“Planning agency” defined.
“Public lands” defined.
“Rights-of-way” defined.
“Shall” and “may” construed.
“Town” defined.
Declaration of legislative intent.
Creation; Board of Directors.
Study of operations of Department: Legislative approval required.
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.
Adoption and use of seal; appointment and duties of Secretary.
Plan for measuring performance of Department; report on level of achievement.
Rules; agreements with other states; designation of alternate routes for transportation of hazardous material.
Sale or lease of certain water rights to public utility; reconveyance.
Loans from financial institutions; limitations.
Director: Appointment; term.
Director: Qualifications; classification.
Director: Other employment prohibited; removal.
Qualifications and classifications of Deputy Directors and Chief Engineer.
Oaths of Director and Deputy Directors.
Facsimile signatures of Director and Deputy Directors.
Duties of Director: General plan of highways; information, statistics and maps.
Duties of Director: General supervision of highways.
Duties of Director: Standards for construction and maintenance; telecommunications facilities within rights-of-way; cooperation with county officers.
Duties of Director: Policies for use of recycled materials in highways.
Duties of Director: Reports to Legislature.
Powers of Director: Closing and construction of highways; removal of encroachments.
Powers of Director: Easements for monorail or other systems of transportation.
Powers of Director: Designation of highway as scenic route; adoption of regulations.
Duties of Director: Designation of restricted highways.
Duties of Director: Reports to Board.
Highway Safety Information and Outreach Coordinator: Creation; duties; authority to provide certain grants.
Planning Division: Responsibilities and duties; operation of railroad or airport prohibited.
Motor Vehicle Recovery and Transportation Planner: Creation; duties.
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.
State Highway Revolving Account: Establishment; use; warrants; deposit; transfers to State Highway Fund.
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.
Acceptance of federal acts.
Federal acts: State highways; contracts; pledge to match federal money.
Federal acts: Secondary and feeder highways; contracts; pledge to match federal money.
Federal lands: Construction and maintenance of highways; availability of federal money.
Vouchers for payment; temporary transfer of money from State General Fund to State Highway Fund.
Department may expend money to conduct studies and match federal money for capital acquisitions.
Issuance of bonds.
Surveys, maps and studies of traffic; roadside parks; rest areas; receipt of federal money; regulations.
Program for work on highways: Contents; distribution.
Program for work on highways: Inclusion of designated projects for use of recycled products.
Cooperative agreements between Department of Transportation and county commissioners.
State highways; designation of other highways and roads as state highways and state routes; route numbers; roads for state parks.
Procedure for establishment of new routes.
U.S. Highway No. 6 designated as Grand Army of the Republic Highway; placement of markers.
Comstock Highway: Designation; placement of markers.
Designation of Route 94.
Manner of construction; use of recycled materials.
Supervision of work by Director; payments from State Highway Fund.
Report of projects for construction and maintenance: Preparation; contents; revision; public inspection.
Consideration of motor vehicle recovery lanes, bicycle lanes, various services for bicycles and turnouts for slower vehicles.
Conditions for execution of work without contract; work resulting from disaster or emergency.
Advertisement for bids; publication.
Bids and bidders: Experience and financial ability; disqualification; hearing upon disqualification; appeal of decision.
Bids and bidders: Security; forfeiture; refunds.
Bids and bidders: Procedure for award of contract; regulations.
Monetary incentive for early completion of contract.
Execution of contract in name of State; copies filed with Department and county commissioners.
Interest of member of Board, officer or employee prohibited; exception; voidability; penalties.
Contract awarded to railroad company may provide under certain circumstances that railroad company is exempt from requirements concerning bonds.
Bids and bidders: Bonds required of successful bidders; exception; conditions; sureties.
Claims against contractor’s bond; action against surety.
Project not exceeding $250,000: Solicitation and rejection of bids; quarterly reports; public records; bonds.
Contractor: Compliance with state laws concerning workers’ compensation and unemployment compensation; compliance with other laws.
Subcontractor: Approval; compliance with laws.
Subcontractor: State business license required.
Contractor: Partial payments; percentage retained; final inspections; 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.
Contract: Publication of notice of final acceptance; final settlement.
Projects for which Department may contract with design-build team.
Enforcement of laws concerning labor; charges for transportation and meals; penalty; exception.
Procedure for diversion or change of route of highway.
Reimbursement of utility by State for relocation of facility located on or near certain highways.
Improvement of state highway Route No. 81.
Guideposts, signs and markers: Erection; metric units; penalty for destruction; liability for costs of repair and replacement.
Permit required to excavate state highway; exception; fee.
Unauthorized crossing, removal or destruction of control-of-access fence or barrier on highway: Injunction; recovery of expenses of restoration.
Roadside parks and rest areas: Unlawful acts; penalties.
Advisory Committee on Transportational Storm Water Management: Creation; members and appointing authority; chair; terms; vacancies; meetings; duties; required reports.
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.
Entry and inspection of premises.
Violations: Remedies; exception.
Violations: Director authorized to issue order for compliance; exception.
Violations: Injunctive relief; exception.
Violations: Civil penalty; exceptions.
Director to conduct independent investigation before determining whether to take certain corrective actions; exception.
“Discharge” defined.
Acquisition of property: Purposes.
Acquisition of property: Manner; costs.
Acquisition of property: Survey and location of right-of-way; judicial order permitting entry for examination and appraisal.
Construction, alteration or improvement of highway: Claim for damage to land or interests; proceeding in inverse condemnation.
Eminent domain: Resolution by Board; precedence over other legal actions.
Lease or rental of property.
Acquisition of property by towns and cities; costs; transfer of interest to State.
Acquisition of property by counties; costs; transfer of interest to State.
Summary vacation and abandonment of portion of state highway superseded by relocation or in excess of needs; resolution of Board; recordation.
Procedure for relinquishment of roadways; regulations.
Disposal of property.
State consent to close public road on public land: Application; notice; duties of planning agencies.
State consent to close public road on public land: Duties of Department.
State consent to close public road on public land: Determination by Board; approval by inaction; certificate of consent.
Authority of Department to request submission of proposals; regulations.
Federal, state or local assistance.
“Center” defined.
Designation of locations for signs and centers.
Development and review of plan.
Toll-free telephone system for public accommodations; apportionment of costs.
Director’s recommendations for programs: Approval by Board; funding.
Agreements with governmental agencies or others.
Account for Systems of Providing Information to the Traveling Public: Creation; sources; use.
System of communication to report emergencies and to obtain information concerning conditions for driving required along certain frequently traveled highways.
Educational program: Duty of Department to develop; content.
Nevada Bicycle and Pedestrian Advisory Board: Creation; appointment, terms and compensation of members.
Nevada Bicycle and Pedestrian Safety Advisory Board: Duties; gifts, grants and donations; Department to provide secretarial services.
Electric bicycles authorized for use on trails or walkways intended for use by bicycles.
Permits to solicit charitable contributions while standing on median strip of highway or sidewalk adjacent to highway.
Contents of agreement.
Priority of improvement projects; determination of ability of county to perform.
Standards for project.
Written analysis of costs and benefits of proposed highway projects: Contents; availability to Board and public.
“Design-build contract” defined.
“Design-build team” defined.
“Prime contractor” defined.
“Project” defined.
Public meeting; notice.
Procedure for selecting design-build team.
Request for preliminary proposals: Advertisement by Department; publication; information available for inspection by design-build teams.
Qualifications of design-build team.
Procedure for selecting finalists from among design-build teams that submitted preliminary proposals.
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.
Employment of architect or engineer as consultant during construction.
Certain submittals confidential until notice of intent to award contract is issued.
“Transportation facility” defined.
Authority of Department to authorize transportation facilities.
Submission of request to Department; contents of request.
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.
Certain submittals confidential until notice of intent to award contract is issued.
Contract for transportation services.
Agreement required for longitudinal or wireless access to right-of-way by telecommunications provider; requirements for agreement; compensation required; types of compensation allowed.
“Council” defined.
“Longitudinal access” defined.
“Permit” defined.
“Right-of-way” defined.
“Statewide telecommunications purposes” defined.
“Telecommunications facility” defined.
“Telecommunications provider” defined.
“Utility facility” defined.
“Wireless access” defined.
Longitudinal or wireless access not granted where safety, efficiency or convenience of use by traveling public compromised.
Costs of trenching and trench sharing to be proportionate and shared fairly among parties to agreement.
Monetary compensation must be deposited in State Highway Fund; in-kind compensation must be fairly valued by Department and used for statewide telecommunications purposes.
Department may offer use of and access to spare conduit and related facilities to telecommunications provider: Requirements; compensation rates; duties of Department.
In-kind compensation: Types; valuation by Department.
Two or more telecommunications providers: Agreements must require shared obligation for compensation; joint and several liability; Department authorized to audit and review relevant records.
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.
Telecommunications Advisory Council: Creation; members; meetings; compensation; duties.