Nac: Chapter 410 - Beautification Of Highways

Link to law: http://www.leg.state.nv.us/nac/NAC-410.html
Published: 2015

[Rev. 11/21/2013 4:27:20

PM--2013]



[NAC-410 Revised Date: 4-12]

CHAPTER 410 - BEAUTIFICATION OF HIGHWAYS

GENERAL PROVISIONS

410.001            Definitions.

410.003            “Department” defined.

410.005            “Director” defined.

410.007            “Interstate” defined.

JUNKYARDS

410.010            Definitions.

410.020            “Industrial activity” defined.

410.030            “Landowner” defined.

410.040            “Main-traveled way” defined.

410.050            “Operator” defined.

410.060            “Unzoned industrial area” defined.

410.070            “Visible” defined.

410.080            “Zoned industrial area” defined.

410.090            Permits: Application; fee.

410.100            Junkyard screens.

410.110            Abatement proceedings.

410.120            Removal, relocation or abandonment

of junkyard.

OUTDOOR ADVERTISING

Sign Permits; Construction of Signs

410.200            On-premise advertising signs.

410.210            Off-premise advertising signs: Land

considered “off-premise.”

410.220            Off-premise advertising signs:

Evidence constituting off-premise sign.

410.230            Sign permit: Prerequisites.

410.240            Sign permit: Application.

410.250            Sign permit: Submission of

application; field inspection; priority or lottery system for granting

application.

410.260            Sign permit: Issuance or denial.

410.270            Sign permit: Time limit for

construction; cancellation of permit; extension; reapplication.

410.280            Sign permit: Cancellation; request

for hearing; grounds for revocation.

410.290            Fees.

410.310            Maintenance or construction of sign

on private property from within right-of-way of state prohibited; violation.

410.320            Sign construction: Unzoned

commercial or industrial areas.

410.330            Sign construction: Maximum size

limitations.

410.340            Sign construction: Minimum spacing

requirements. [Effective until such date as the Department of Transportation of

the State of Nevada and the Secretary of Transportation enter into an agreement

by which the State of Nevada may regulate the areas outside of urbanized area

boundaries for the purpose of enforcing the Highway Beautification Act (23

U.S.C. § 101 et seq.).]

410.340            Sign construction: Minimum spacing

requirements. [Effective on such date as the Department of Transportation of

the State of Nevada and the Secretary of Transportation enter into an agreement

by which the State of Nevada may regulate the areas outside of urbanized area

boundaries for the purpose of enforcing the Highway Beautification Act (23

U.S.C. § 101 et seq.).]

410.350            Sign construction: Illumination;

commercial electronic variable message signs.

410.360            Maintenance of signs;

reconstruction.

410.370            Alterations; additions.

410.380            Blank signs.

410.390            Abandoned and unmaintained signs.

410.410            Compensation for sign to be

removed; valuation process.

410.420            Change of ownership.

410.430            Directional and informational

signs.

410.440            Political signs.

Directional and Official Signs

410.500            Definitions.

410.510            “Directional sign” defined.

410.520            “Official sign” defined.

410.530            “Public service sign” defined.

410.540            “Sign of a public utility” defined.

410.550            “Sign of a service club or

religious organization” defined.

410.560            Severability.

410.570            Purpose.

410.580            Applicability.

410.590            Directional and official signs:

Conformity with criteria.

410.600            Directional signs: Prohibited

signs; limitations upon size, lighting, spacing, content and use.

410.610            Official signs: Size; location; type;

number.

410.620            Public service signs.

410.625            Specifications for signs of service

clubs and religious organizations.

410.630            Area of signs of service clubs and

religious organizations; historical markers considered official signs.

Location of Signs

410.650            Definitions.

410.655            “Conforming area” defined.

410.660            “Defined area” defined.

410.670            “Nonconforming outdoor advertising

sign” defined.

410.675            “Unacceptable commercial or

industrial zone” defined.

410.680            Severability.

410.685            Applicability.

410.690            Sign location: Controlled areas.

410.695            Exemption of nonconforming signs:

Requests for exemption from requirements for acquisition and removal.

410.700            Exemption of nonconforming signs:

Requirements for exemption.

410.703            Exemption of nonconforming signs:

Preexisting signs.

410.705            Exemption of nonconforming signs:

Economic analysis.

410.710            Exemption of nonconforming signs:

Requests for renewal.

410.715            Exemption of nonconforming signs: Review

of requests.

410.720            Exemption of nonconforming signs:

Preparation of request.

410.725            Unacceptable commercial or

industrial zones: Determination of zones.

410.727            Unacceptable commercial or

industrial zones: Determination of conforming and nonconforming areas;

submission of documents.

410.730            Unacceptable commercial or

industrial zones: Conforming areas within unacceptable zones.

410.735            Unacceptable commercial or

industrial zones: Proof of contemplated commercial or industrial use; special

conditions; changes to be reviewed.

410.740            Unacceptable commercial or

industrial use: Conditional conformance; temporary conformance.

410.745            Unacceptable commercial or

industrial zones: Failure to complete development; development in different

area; resolution of intent to rezone.

410.750            Unacceptable commercial or

industrial zones: Activity contemplated to circumvent purpose of program.

VIOLATIONS

410.775            Violation of chapter.

MISCELLANEOUS PROVISIONS

410.800            Effective dates of control by

Department of alterations to and new routes added to interstate and primary

routes.

 

 

 

GENERAL PROVISIONS

      NAC 410.001  Definitions. (NRS 408.557, 410.330)  As used

in this chapter, unless the context otherwise requires, the words and terms

defined in NAC 410.003, 410.005

and 410.007 have the meanings ascribed to them in

those sections.

     (Added to NAC by Dep’t of Transportation by R058-97,

eff. 12-11-98)

      NAC 410.003  “Department” defined. (NRS 408.557, 410.330)  “Department”

means the Department of Transportation.

     (Added to NAC by Dep’t of Transportation by R058-97,

eff. 12-11-98)

      NAC 410.005  “Director” defined. (NRS 408.557, 410.330)  “Director”

means the Director of the Department.

     (Added to NAC by Dep’t of Transportation by R058-97,

eff. 12-11-98)

      NAC 410.007  “Interstate” defined. (NRS 408.557, 410.330)  “Interstate”

has the meaning ascribed to it in 23 U.S.C. § 103(e).

     (Added to NAC by Dep’t of Transportation by R058-97,

eff. 12-11-98)

JUNKYARDS

      NAC 410.010  Definitions.  As

used in NAC 410.010 to 410.120,

inclusive, unless the context otherwise requires, the words and terms defined

in NAC 410.020 to 410.080,

inclusive, have the meanings ascribed to them in those sections.

     (Supplied in codification)

      NAC 410.020  “Industrial activity” defined. (NRS 410.190)  “Industrial

activity” means an activity which is permitted only in an industrial zone or a

less restrictive zone by the nearest zoning authority within the state or if

prohibited by the authority is generally recognized as industrial activity by

other zoning authorities within the state, except that none of the following is

an industrial activity:

     1.  Any erection or maintenance of an outdoor

advertising structure.

     2.  Any agricultural, forestry, ranching,

grazing, farming or related activity, or operation of a wayside stand for sale

of fresh produce.

     3.  Any activity normally and regularly in

operation less than 3 months of the year.

     4.  Any transient or temporary activity.

     5.  Any activity not visible from the traffic

lanes of the main-traveled way.

     6.  Any activity more than 300 feet from the

nearest edge of the main-traveled way.

     7.  Any activity conducted in a building

principally used as a residence.

     8.  Any operation of railroad tracks, a minor

siding or a passenger depot.

     9.  Any creation or maintenance of a junkyard

as defined in 23 U.S.C. § 136.

     [Dep’t of Highways, Junkyard Control Reg. § II subsec.

E, eff. 4-30-79]

      NAC 410.030  “Landowner” defined. (NRS 410.190)  “Landowner”

means the owner of the land upon which a junkyard is located.

     [Dep’t of Highways, Junkyard Control Reg. § II subsec.

A, eff. 4-30-79]

      NAC 410.040  “Main-traveled way” defined. (NRS 410.190)

     1.  “Main-traveled way” means the area of a

highway, including the separated roadways of a divided highway, on which

through traffic is carried.

     2.  A main-traveled way does not include such

facilities as frontage roads, turning roadways, parking areas or ramps.

     [Dep’t of Highways, Junkyard Control Reg. § II subsec.

B, eff. 4-30-79]

      NAC 410.050  “Operator” defined. (NRS 410.190)  “Operator”

means the owner of a junkyard or any person, firm, partnership, association or

corporation engaged in the operation or maintenance of a junkyard.

     [Dep’t of Highways, Junkyard Control Reg. § II subsec.

C, eff. 4-30-79]

      NAC 410.060  “Unzoned industrial area” defined. (NRS 410.190)  “Unzoned

industrial area” means any area which is:

     1.  Occupied by the regularly used building,

parking lot or storage or processing area of an industrial activity located

within 1,000 feet of an interstate or primary highway;

     2.  Located on the same side of the highway

as the part of that activity;

     3.  Not predominantly used for residential or

commercial purposes; and

     4.  Not zoned by any state law or regulation

or by any local ordinance or regulation.

     [Dep’t of Highways, Junkyard Control Reg. § II subsec.

D, eff. 4-30-79]

      NAC 410.070  “Visible” defined. (NRS 410.190)  “Visible”

means capable of being seen without visual aid by a person of normal visual

acuity. For purposes of NAC 410.010 to 410.120, inclusive, a junkyard is not visible if the

junk cannot be seen over, under, through or outside of the screen.

     [Dep’t of Highways, Junkyard Control Reg. § II subsec.

F, eff. 4-30-79]

      NAC 410.080  “Zoned industrial area” defined. (NRS 410.190)  “Zoned

industrial area” means an area zoned for industry or manufacturing under a

comprehensive zoning plan. Any zoning which permits certain industrial uses as

an incident to the primary land use, or any holding, open-use or

transitional-type zoning classification is an industrial zone.

     [Dep’t of Highways, Junkyard Control Reg. § II subsec.

G, eff. 4-30-79]

      NAC 410.090  Permits: Application; fee. (NRS 410.190)

     1.  The Department will provide a copy of NAC 410.010 to 410.120,

inclusive, and an application form for a required permit by certified mail to

every operator of a junkyard subject to the provisions of NRS 410.095 to 410.210, inclusive.

     2.  The operator must complete the

application and submit it within 30 days, with the required $10 fee, to:

    

          Utilities Section

          Department of Transportation

          1263 South Stewart Street

          Carson City, Nevada 89712

    

     3.  The Department will require a new application

and fee only if a junkyard is acquired by another operator.

     4.  An application for a permit required by NRS 410.100 must contain:

     (a) The name and address of the operator of the junkyard.

     (b) The name and address of the landowner. If the

operator is not the landowner, the application must contain a copy of the lease

or agreement allowing occupancy or a notarized affidavit attesting to the

operator’s right of occupancy.

     (c) If the junkyard is located in a zoned

industrial area, an affidavit of that fact by the proper zoning authority.

     (d) If the junkyard is located in an unzoned

industrial area, a certificate to that fact by the county planning officer or

other appropriate official.

     (e) The date the junkyard was established.

     (f) A description of any expansion of the junkyard

since January 1, 1972.

 

 

 

     (g) The notarized signature of the applicant.

     (h) The date of the application.

     [Dep’t of Highways, Junkyard Control Reg. § III subsecs.

A, part B & C, eff. 4-30-79]—(NAC A by Dep’t of Transportation by R058-97,

12-11-98)

      NAC 410.100  Junkyard screens. (NRS 410.190)  Junkyard

screens established pursuant to the provisions of NRS 410.095 to 410.210, inclusive, whether by the

Department or the operator, must be maintained by the operator if the screen is

not within the right-of-way of the Department.

     [Dep’t of Highways, Junkyard Control Reg. § III subsec.

D, eff. 4-30-79]—(NAC A by Dep’t of Transportation by R058-97, 12-11-98)

      NAC 410.110  Abatement proceedings. (NRS 410.190, 410.210)

     1.  If the applicant’s junkyard does not

comply with the requirements of NRS

410.120, a permit will be denied and, unless compliance is thereafter met

pursuant to NRS 410.210, the

junkyard will be abated.

     2.  The operator may reapply for a permit if

he or she complies with the requirements of NRS 410.120 before abatement

proceedings are instituted.

     3.  Abatement proceedings will be instituted pursuant

to NRS 410.210 if the screen is

not properly maintained and any portion of the junkyard becomes visible from

the main-traveled way of the interstate or primary highway.

     4.  Except as otherwise provided in NRS 410.130, abatement proceedings

may be instituted pursuant to NRS

410.210 if a quantity of junk equivalent to 10 or more automobiles becomes

visible from the main-traveled way of the interstate or primary highway.

     [Dep’t of Highways, Junkyard Control Reg. § III part of

subsecs. C & E, eff. 4-30-79]—(NAC A by Dep’t of Transportation by R058-97,

12-11-98)

      NAC 410.120  Removal, relocation or abandonment of junkyard. (NRS 410.190)

     1.  The Department will acquire the minimum

land necessary for the removal or relocation of a junkyard pursuant to the

provisions of NRS 410.095 to 410.210, inclusive. Abandoned or

worthless junk must be removed by the operator or landowner.

     2.  If the operator of a junkyard which has

been inactive or abandoned for 1 year or more begins operating the junkyard

again, the operator must comply with the requirements of NRS 410.095 to 410.210, inclusive, at his or her

own expense.

     [Dep’t of Highways, Junkyard Control Reg. § III subsec.

F + § IV, eff. 4-30-79]—(NAC A by Dep’t of Transportation by R058-97, 12-11-98)

OUTDOOR ADVERTISING

Sign Permits; Construction of Signs

      NAC 410.200  On-premise advertising signs. (NRS 410.400)

     1.  On-premise advertising is not subject to

the state’s outdoor advertising control.

     2.  A sign must meet the following tests to

be considered an on-premise advertising device:

     (a) The sign must be located on the same premises

as the activity or property advertised. The premises on which an activity is

conducted is determined by physical facts rather than property lines. Premises

includes the area occupied by the buildings and appurtenances such as parking

lots, storage areas, processing areas or areas for other physical uses that are

customarily incident to the activity, including open spaces arranged and

designed to be used in connection with the buildings or activities. In the case

of large complexes where one or more related activities occur, such as the

resort hotel-golf course or restaurant-service station complex, where the

entire complex is under the same ownership, any of the separate activities may

be advertised independently within the developed commercial or industrial area

of the complex.

     (b) The purpose of the advertising sign must be:

          (1) The identification of the establishment or

activity located on the premises or its products or services; or

          (2) The sale or lease of the property on which

the sign is located.

     [Dep’t of Highways, Outdoor Advertising Control Manual

p. 26, eff. 1-28-77]

      NAC 410.210  Off-premise advertising signs: Land considered “off-premise.” (NRS 410.400)  Certain

situations constitute prima facie evidence that a sign is not an on-premise

advertising device. The following are not considered a part of the premises on

which the activity is conducted, and any signs located on such land are

considered off-premise advertising subject to control by the State:

     1.  Any land which is not used as an integral

part of the principal activity. This includes, but is not limited to, land

which is separated from the activity by a roadway, highway or other obstruction

and not used by the activity, and extensive undeveloped highway frontage

contiguous to the land actually used by a commercial facility even though it

might be under the same ownership.

     2.  Any land which is used for or devoted to

a separate purpose unrelated to the advertised activity. For example, land

adjacent to or adjoining a service station but devoted to raising of crops,

residence or farmstead uses, or other commercial or industrial uses having no

relationship to the service station activity, would not be part of the premises

of the service station even though under the same ownership.

     3.  Any land which is:

     (a) At some distance from the principal activity;

     (b) In closer proximity to the highway than the

principal activity;

     (c) Developed or used only in the area of the site

of the sign, or between the site of the sign and the principal activity; and

     (d) Occupied solely by structures or uses which are

only incidental to the principal activity, and which serve no reasonable or

integrated purpose related to the activity other than to attempt to qualify the

land as a site for signs. Generally, these are inexpensive facilities, such as

picnic, playground or camping areas, dog kennels, golf driving ranges, skeet

ranges, common or private roadways or easements, walking paths, fences and sign

maintenance sheds.

     4.  Where the sign is located at or near the

end of a narrow strip contiguous to the advertised activity, the site of the

sign is not considered part of the premises on which the activity being

advertised is conducted. A narrow strip includes, but is not limited to, any

configuration of land which is such that it cannot be put to any reasonable use

related to the activity other than as a site for signs. In no event is the site

of a sign considered part of the premises on which the advertised activity is

conducted if it is located upon a narrow strip of land:

     (a) Which is unsuitable for building, such as

swampland, marshland or other wetland;

     (b) Which is a common or private roadway; or

     (c) Held by easement or other lesser interest than

the premises where the advertised activity is located.

     [Dep’t of Highways, Outdoor Advertising Control Manual

pp. 26 & 27, eff. 1-28-77]—(NAC A by Dep’t of Transportation by R058-97, 12-11-98)

      NAC 410.220  Off-premise advertising signs: Evidence constituting off-premise

sign. (NRS

410.400)  For

the purpose of the sign, the following constitutes evidence of an off-premise

sign subject to control by the State:

     1.  When a sign:

     (a) Brings rental income to the landowner; and

     (b) Consists principally of brand name or trade

name advertising, and the product or service advertised is only incidental to

the principal activity,

Ê it is

considered the business of outdoor advertising and not an on-premise sign. An

example is a typical billboard located on top of a service station advertising

a brand of cigarettes or chewing gum which is incidentally sold in a vending

machine on the property.

     2.  A sign which advertises activities

conducted on the premises, but which also advertises in a prominent manner

activities not conducted on the premises, is not an on-premise sign. An example

would be a sign advertising a motel or restaurant not located on the premises

with a notation or attachment stating “Skeet Range Here,” or “Dog Kennels

Here.” The on-premise activity would only be the skeet range or the dog

kennels.

     [Dep’t of Highways, Outdoor Advertising Control Manual

pp. 27 & 28, eff. 1-28-77]—(NAC A by Dep’t of Transportation by R058-97, 12-11-98)

      NAC 410.230  Sign permit: Prerequisites. (NRS 410.400)  A sign

permit cannot be issued unless the proposed site of the sign is located in

either a zoned or unzoned commercial or industrial area and unless the proposed

sign conforms to the size, spacing and lighting requirements, except for

approved directional or informational signs described in NAC

410.430.

     [Dep’t of Highways, Outdoor Advertising Control Manual

p. 6, eff. 1-28-77]—(NAC A by Dep’t of Transportation by R058-97, 12-11-98)

      NAC 410.240  Sign permit: Application. (NRS 410.400)

     1.  Sign permit applications are available at

the district offices of the Department.

     2.  The following information must be

submitted by the applicant:

     (a) The name of the owner of the sign.

     (b) The mailing address of the owner of the sign.

     (c) The name and mailing address of the landowner

at the site of the sign.

     (d) A copy of the signed consent of the landowner

or a notarized affidavit by the owner of the sign declaring a right of

occupancy to the site of the sign must be attached to the application.

     (e) The city or county in which the sign is to be

located.

     (f) The highway name or route number.

     (g) The side of the highway along which the sign is

to be located.

     (h) The approximate location of the sign from an

identifiable landmark, intersection, milepost or other existing sign.

     (i) If the site of a sign is located in a zoned

industrial or commercial area, the zone affidavit on the reverse side of the

application must be executed by the appropriate zoning authority. If the site

is located in an unzoned industrial or commercial area, a sketch map of the

area showing the dimensions of the buildings and proximity of the proposed sign

must be attached to the application.

     (j) Land use.

     (k) If a sign exists, the date it was erected must

be indicated. If it is a new sign, the date the sign is to be erected must be

indicated.

     (l) The height and width of the advertising area

must be indicated, including border and trim, but excluding the base or apron,

supports and other structural members.

     (m) The sign area must be measured by the smallest

square, rectangle, triangle, circle or combination thereof which will encompass

the entire sign face. A double-faced sign will require one permit with the

annual fee based on the total advertising area.

     (n) The sign area of all advertising faces for the

structure.

     (o) The distance from the bottom of the panel to

the ground.

     (p) The number and size of posts.

     (q) The post material.

     (r) Illumination.

     (s) A photo or sketch of the sign must be attached

to the application.

     3.  The applicant must affix his or her

signature and date in the space provided on the application along with the

applicant’s title, if he or she is not the owner of the sign.

     [Dep’t of Highways, Outdoor Advertising Control Manual

pp. 11, 12 & 13, eff. 1-28-77]—(NAC A by Dep’t of Transportation by R058-97,

12-11-98)

 

      NAC 410.250  Sign permit: Submission of application; field inspection;

priority or lottery system for granting application. (NRS 410.400)

     1.  The sign permit application must be

submitted to the district office of the Department in the area where the

proposed sign is to be located. The utility inspector shall make a field

inspection to determine conformity of the location and:

     (a) The stationing; or

     (b) The mileposts,

Ê for the

proposed sign.

     2.  The utility inspector shall forward the

application with a report of his or her field inspection:

     (a) To the headquarters building in Carson City; or

     (b) If the proposed site of the sign is located in

District 1, to the Right-of-Way Division of the Department of Transportation at

123 East Washington Avenue, P.O. Box 170, Las Vegas, Nevada 89125-0170.

     3.  The applicant must clearly mark the exact

location of the proposed sign to enable the utility inspector to perform the

required inspection.

     4.  The Department will grant an application

on the basis of:

     (a) A priority system, as set forth in subsection

5; or

     (b) A lottery system, as set forth in subsection 6.

     5.  When the application is received by the

Department, it will be logged in with the date and time received and marked by

the recipient. If the application is incorrect or incomplete, it will be mailed

back to the applicant without being logged. During the interim, while the

applicant is completing or correcting the returned application, the Department

may receive a complete and correct application which then receives priority as

to spacing requirements.

     6.  If the Department determines that it is

in the public interest, the Department may select applicants on the basis of a

lottery system. To qualify for the lottery, an application must be correct and

complete when received by the Department. If the application is incorrect or

incomplete, it will be mailed back to the applicant without being entered into

the lottery. The applicant may complete or correct the returned application and

resubmit the application to the Department before the date on which the applications

for the lottery are due.

     [Dep’t of Highways, Outdoor Advertising Control Manual

pp. 13 & 14, eff. 1-28-77]—(NAC A by Dep’t of Transportation by R058-97, 12-11-98)

      NAC 410.260  Sign permit: Issuance or denial. (NRS 410.400)

     1.  If the site of the proposed sign

conforms, a metal permit tag will be issued for the proposed sign and furnished

to the applicant with a copy of the approved sign permit application. The

applicant will be responsible for conspicuously attaching the metal permit tag

to the specific sign structure for which it is issued so that it is visible

from the roadway. In lieu of attaching the metal permit tag, the applicant may

paint the assigned permit number on the sign at a location that is clearly

visible from the roadway. If the sign is painted, the same color scheme

utilized on the tag, which is yellow on black, must be followed. The yellow

numerals must be painted on the solid black background measuring at least 6

inches by 12 inches. The yellow numerals must be at least 2 1/2 inches high and

must be clearly legible.

     2.  If painted permit numbers are used, they

may be placed in either a horizontal or vertical configuration, whichever will

provide the greatest visibility from the roadway.

     3.  If the site of the proposed sign is

determined to be nonconforming and a sign permit is denied, the applicant will

be reimbursed with a state warrant in that amount attributable to the annual

fee. The inspection fee will be retained to defray expenses incurred by the

State.

     4.  Approval of an application and issuance

of a permit does not alleviate an applicant from complying with all applicable

county or local regulations. Any violation of county or local regulations may

result in cancellation of the permit.

     [Dep’t of Highways, Outdoor Advertising Control Manual

pp. 17 & 18, eff. 1-28-77]—(NAC A by Dep’t of Transportation by R058-97, 12-11-98)

      NAC 410.270  Sign permit: Time limit for construction; cancellation of permit;

extension; reapplication. (NRS 410.400)

     1.  The applicant has 180 days after the time

the permit is granted to construct the sign. Should the construction not be

completed within the 180-day period, the permit will be subject to cancellation

with full forfeiture of fees previously submitted. This cancellation occurs

immediately upon expiration of the 180-day period, and no 30-day violation

notice will be sent. A cancellation notice must be sent to inform the owner of

the sign. Extensions on the 180-day construction period will generally not be

granted. However, when the applicant provides documentary proof that the construction

has been delayed through no fault of the applicant, such as a long-pending

approval of a local governing agency, an extension may be granted. Cases will

be treated on their own merit. Any extension will be at the discretion of the

Department. In no instance will the availability of materials or contract

problems qualify for a time extension.

     2.  If a permit is cancelled due to violation

of the 180-day construction period, the applicant may reapply for a permit.

This reapplication will involve filling out a new application and submitting it

with full fees. The reapplication will also be subject to the effect of

intervening applications received between the time of cancellation and

reapplication for spacing requirements.

     [Dep’t of Highways, Outdoor Advertising Control Manual

p. 13, eff. 1-28-77]—(NAC A by Dep’t of Transportation by R058-97, 12-11-98)

      NAC 410.280  Sign permit: Cancellation; request for hearing; grounds for

revocation. (NRS

410.400)

     1.  A sign permit may be cancelled in

accordance with subsection 2 of NRS

410.330. Such cancellation will result in the removal of the sign at the

sign owner’s expense. If the owner of the sign objects to any cancellation, he

or she may request a hearing before an ad hoc committee to be comprised of the

Director or the Director’s authorized representative, the chief right-of-way

agent or the authorized representative of the chief right-of-way agent, and a

member of the sign industry, the latter to be selected by the sign association of

Nevada, who shall submit two names to the State Highway Engineer for his or her

selection. The decision of this hearing board, which must be made by majority

vote, is final.

     2.  Hearings must be scheduled as the need

arises.

     3.  Failure to take immediate corrective

action as indicated by the issuance of an Outdoor Advertising Violation Notice

or the removal or destruction of flora from within the highway right-of-way or

adjacent areas in accordance with subsection 5 of NRS 410.320 to maintain visibility

or to support an advertising sign will result in revocation of the permit.

     [Dep’t of Highways, Outdoor Advertising Control Manual

p. 18, eff. 1-28-77]—(NAC A by Dep’t of Transportation by R058-97, 12-11-98)

      NAC 410.290  Fees. (NRS 410.400)

     1.  A check payable to the Department, in the

total amount of the inspection fee and applicable annual fee, must accompany

the sign permit application. The breakdown of the fees submitted for inspection

fees, annual permit fees and the total amount of the fees must be indicated.

     2.  Each off-premise outdoor advertising sign

maintained within any area subject to state control on or after March 15, 1972,

will be assessed an annual permit fee of $50. Unused portions of annual permit

fees are nonrefundable, and the entire fee will be assessed for a sign

installation during any part of a calendar year.

     3.  Any fees for sign permits which are more

than 30 days delinquent may result in the cancellation of the permit and

removal of the sign if a new permit cannot be granted pursuant to NAC 410.200 to 410.440,

inclusive.

     4.  An inspection fee in the amount of $150

will be assessed for each off-premise outdoor advertising sign erected within

any area subject to control by the Department to defray expenses incurred by

the Department for its field inspection. Any work performed in addition to

normal inspection of the site and processing the application will be billed to

the applicant in addition to the inspection fee. Once the field inspection has

been performed, any fee assessed or billed to the applicant pursuant to this

subsection is nonrefundable.

     [Dep’t of Highways, Outdoor Advertising Control Manual

pp. 12, 13 & 17, eff. 1-28-77]—(NAC A 12-16-82; A by Dep’t of

Transportation by R058-97, 12-11-98)

      NAC 410.310  Maintenance or construction of sign on private property from

within right-of-way of state prohibited; violation. (NRS 410.400)  The

maintenance or construction of a sign on private property from within the

right-of-way of the state is prohibited. Any violation of this requirement may

result in the revocation of the sign permit and the removal of the sign at the

owner’s expense.

     [Dep’t of Highways, Outdoor Advertising Control Manual

p. 11, eff. 1-28-77]—(NAC A by Dep’t of Transportation by R058-97, 12-11-98)

      NAC 410.320  Sign construction: Unzoned commercial or industrial areas. (NRS 410.400)

     1.  An unzoned commercial or industrial area

is an area not zoned by state or local law, regulation or ordinance, and on

which there is located one or more permanent structures devoted to a commercial

or industrial activity or on which a commercial or industrial activity is

actually conducted, whether or not a permanent structure is located thereon,

and the area along the highway extending 600 feet from and beyond the edge of

such activity, provided such adjacent area is not zoned other than commercial

or industrial. In addition, lands on the opposite side of the highway to the

extent of the same dimensions will be considered as an unzoned commercial or

industrial area provided those lands on the opposite side are not considered

scenic or as having esthetic value. In the event the area on the opposite side

of the highway is deemed scenic, then only the side of the highway having a

commercial activity located thereon is considered to be unzoned commercial or

industrial.

     2.  All measurements must be from the outer

edges of the regularly used buildings, parking lots, storage or processing and

landscaped areas of the commercial or industrial activities, not from the

property lines of the activities, and must be along or parallel to the edge of

pavement of the highway.

     3.  A sketch showing the relationship of the

proposed sign to the unzoned commercial or industrial area, and a description

of the activity conducted which qualifies the site as being unzoned commercial

or industrial, must be submitted for each new sign to be constructed in such an

area. For example:

 



     4.  The designation of an unzoned commercial

or industrial area applies only in areas not specifically zoned.

     [Dep’t of Highways, Outdoor Advertising Control Manual

p. 7, eff. 1-28-77]

      NAC 410.330  Sign construction: Maximum size limitations. (NRS 410.400)

     1.  The maximum:

     (a) Area for a single face of a sign is 1,200 square

feet. The area must be measured by the smallest square, rectangle, triangle,

circle or combination thereof which will encompass the entire sign.

     (b) Height of a face of any sign is 30 feet.

     (c) Length of a face of any sign is 60 feet.

     2.  The limitations for the size of signs set

forth in paragraphs (b) and (c) of subsection 1 apply to each side of a sign.

     3.  A sign may be placed back to back or side

to side on the same structure.

     4.  A sign may be placed in a V-shape with

not more than two displays to each facing. Such a sign shall be deemed to be

one sign.

     [Dep’t of Highways, Outdoor Advertising Control Manual

p. 8, eff. 1-28-77]—(NAC A by Dep’t of Transportation by R058-97, 12-11-98)

      NAC 410.340  Sign construction: Minimum spacing requirements. [Effective until

such date as the Department of Transportation of the State of Nevada and the

Secretary of Transportation enter into an agreement by which the State of

Nevada may regulate the areas outside of urbanized area boundaries for the

purpose of enforcing the Highway Beautification Act (23 U.S.C. § 101 et seq.).]

(NRS

410.400)

     1.  On interstate and federal-aid primary

highways, signs must not be located in such a manner as to obscure or otherwise

physically interfere with the effectiveness of an official traffic sign, signal

or device, or obstruct or physically interfere with the driver’s view of

approaching, merging or intersecting traffic.

     2.  For signs along interstate highways and

controlled-access freeways:

     (a) No two structures may be spaced less than 500

feet apart.

     (b) Outside of incorporated cities, no structure

may be located adjacent to or within 500 feet of an interchange, intersection

at grade or safety rest area. The 500 feet must be measured along the

interstate or freeway from the beginning or ending of pavement widening at the

exit from or entrance to the main-traveled way.

     3.  For signs along nonfreeway primary

highways:

     (a) Outside of incorporated villages and cities,

including the area within unincorporated towns and villages, no two structures

may be spaced less than 300 feet apart.

     (b) Within incorporated villages and cities, no two

structures may be spaced less than 100 feet apart.

     4.  For signs along all controlled routes,

the provisions of this section do not apply to structures separated by

buildings or other obstructions situated in a manner so that only one sign located

within the spacing distances described in this section is visible from the

highway at any one time, in both directions of travel.

     [Dep’t of Highways, Outdoor Advertising Control Manual

pp. 9 & 10, eff. 1-28-77]—(NAC A by Dep’t of Transportation by R058-97, 12-11-98)

      NAC 410.340  Sign

construction: Minimum spacing requirements. [Effective on such date as the

Department of Transportation of the State of Nevada and the Secretary of

Transportation enter into an agreement by which the State of Nevada may

regulate the areas outside of urbanized area boundaries for the purpose of

enforcing the Highway Beautification Act (23 U.S.C. § 101 et seq.).] (NRS 410.400)

     1.  On interstate and federal-aid primary

highways, signs must not be located in such a manner as to obscure or otherwise

physically interfere with the effectiveness of an official traffic sign, signal

or device, or obstruct or physically interfere with the driver’s view of

approaching, merging or intersecting traffic.

 

 

 

     2.  For signs along interstate highways and

controlled-access freeways:

     (a) No two structures may be spaced less than 500

feet apart.

     (b) Outside of urbanized area boundaries, no

structure may be located adjacent to or within 500 feet of an interchange, intersection

at grade or safety rest area. The 500 feet must be measured along the

interstate or freeway from the beginning or ending of pavement widening at the

exit from or entrance to the main-traveled way. As used in this paragraph,

“urbanized area boundaries” has the meaning ascribed to it in 23 U.S.C. §

101(a).

     3.  For signs along nonfreeway primary

highways:

     (a) Outside of incorporated villages and cities,

including the area within unincorporated towns and villages, no two structures

may be spaced less than 300 feet apart.

     (b) Within incorporated villages and cities, no two

structures may be spaced less than 100 feet apart.

     4.  For signs along all controlled routes,

the provisions of this section do not apply to structures separated by

buildings or other obstructions situated in a manner so that only one sign located

within the spacing distances described in this section is visible from the

highway at any one time, in both directions of travel.

     [Dep’t of Highways, Outdoor Advertising Control Manual

pp. 9 & 10, eff. 1-28-77]—(NAC A by Dep’t of Transportation by R058-97, 12-11-98;

R058-97, 12-11-98, effective on such date as the Department of Transportation

of the State of Nevada and the Secretary of Transportation enter into an

agreement by which the State of Nevada may regulate the areas outside of

urbanized area boundaries for the purpose of enforcing the Highway

Beautification Act (23 U.S.C. § 101 et seq.))

      NAC 410.350  Sign construction: Illumination; commercial electronic variable

message signs. (NRS 410.400)

     1.  Signs must not be placed with

illumination that interferes with the effectiveness of or obscures any official

traffic sign, device or signal. Signs must not include or be illuminated by

flashing, intermittent or moving lights, except any parts necessary to give

public service information such as the time, date, temperature, weather or

similar information. Signs must not cause beams or rays of light to be directed

at the traveled way if the light is of such intensity or brilliance or is likely

to be mistaken for a warning or danger signal or to cause glare or impair the

vision of any driver, or to interfere with any driver’s operation of a motor

vehicle. Illumination or lights for signs must not resemble or simulate any

lights used to control traffic.

     2.  A commercial electronic variable message

sign, including, without limitation, a trivision sign, may be approved as an

off-premise outdoor advertising sign in an urban area if the sign does not

contain flashing, intermittent or moving lights, does not cause a glare on the

roadway and the following conditions are met:

     (a) An existing sign may be modified or updated if

the sign conforms with established criteria relating to zoning, size, lighting

and spacing.

     (b) A message on a trivision sign may have a

minimum display time of 6 seconds and a maximum change interval of 3 seconds.

     (c) A trivision sign must contain a mechanism that

will stop the sign in one position if a malfunction occurs.

     (d) If a sign is installed that does not comply with

the provisions of this subsection, the owner of the sign shall correct the

violation or remove the sign at the owner’s expense.

     (e) Prior approval from the Department is required

to modify existing signs to include the commercial electronic variable message

sign, and a new permit fee of $150 will be charged.

     [Dep’t of Highways, Outdoor Advertising Control Manual

p. 11, eff. 1-28-77]—(NAC A by Dep’t of Transportation by R058-97, 12-11-98)

      NAC 410.360  Maintenance of signs; reconstruction. (NRS 410.400)

     1.  Maintained signs must be kept in a state

of ordinary repair. As used in this subsection, “ordinary repair” means such

maintenance, repair, upkeep and refurbishing of the sign as is required to

allow the sign to exist for its normal expected life.

     2.  Any nonconforming or grandfathered

conforming sign that sustains damage from wind, or accidental external

influence beyond the control of the owner of the sign in excess of 50 percent

of the cost of the components of the supporting structure, including, without

limitation, the main supports, braces and stringers, shall be deemed totally

destroyed. Advertising panels are not components of the supporting structure.

Any reconstruction of such a sign must meet all criteria for the construction

of a new sign at that location.

     3.  Pursuant to the authority in NRS 410.220, the following applies

to the maintenance of outdoor advertising structures:

     (a) No outdoor advertising structures may be

maintained from across right-of-way control of access fences or boundaries. Any

violation of this provision will result in immediate cancellation of the sign

permit with no prior notice.

     (b) Improper maintenance of outdoor advertising

structures will, at the discretion of the Director, result in the revocation of

any sign permits or licenses of the offending structure, and the owner will be

required to remove the same within 30 days after notification.

     [Dep’t of Highways, Outdoor Advertising Control Manual

pp. 18 & 19, eff. 1-28-77]—(NAC A by Dep’t of Transportation by R058-97, 12-11-98)

      NAC 410.370  Alterations; additions. (NRS 410.400)

     1.  Signs may have additions or cutouts

placed on them. However, for nonconforming and grandfathered conforming signs,

the owner of the sign must first grant the Department written certification

that he or she will accept the then-existing inventory data of the Department

regarding the size of the sign and material of construction and illumination.

The inventory description of the Department of the sign must be used solely for

the purpose of valuating altered signs.

     2.  Additions, cutouts or illumination may be

placed on conforming signs which meet all size, spacing and lighting

requirements without prior notification to the Department. Any change which

violates the size or lighting requirements must result in permit cancellation.

     3.  No major structural change or addition is

allowed when placing approved additions or cutouts on nonconforming or

grandfathered conforming signs. The only structural change that is allowed is

that required to attach the addition or cutout to the existing sign frame.

     [Dep’t of Highways, Outdoor Advertising Control Manual

p. 20, eff. 1-28-77]—(NAC A by Dep’t of Transportation by R058-97, 12-11-98)

      NAC 410.380  Blank signs. (NRS 410.400)  A sign

may remain blank, painted out or contain “dead copy,” such as advertising a

defunct business or product or the former name of an existing business, for a

period of 1 year. At the end of the 1-year period, the sign permit may be

cancelled. Permits may be reissued only for signs in conforming areas that meet

all the criteria for the construction of new signs, and permit applications

must be accompanied by inspection and annual permit fees or, for signs on which

the owner of the sign can furnish documentary proof that the sign is being

actively maintained, that it is a current structure on his or her plant

inventory and that he or she has held a valid lease or agreement, accompanied

by documentation of the expenditure of the stipulated rental fee during the

term of the blank status. Furnishing this evidence within 30 days after the

cancellation of the permit constitutes proof that the owner of the sign has not

abandoned his or her interest in the structure, and the cancelled permit may be

reinstated for no fee.

     [Dep’t of Highways, Outdoor Advertising Control Manual

p. 20, eff. 1-28-77]—(NAC A by Dep’t of Transportation by R058-97, 12-11-98)

      NAC 410.390  Abandoned and unmaintained signs. (NRS 410.400)  Abandoned

and unmaintained signs must be removed by the Department with no compensation

being paid to the owner.

     [Dep’t of Highways, Outdoor Advertising Control Manual

p. 18, eff. 1-28-77]

 

      NAC 410.410  Compensation for sign to be removed; valuation process. (NRS 410.400)

     1.  The basic criteria for determining whether

the Department can offer compensation for the sign to be removed is as follows:

     (a) The sign must have been legally erected and

maintained on or before March 15, 1972. Signs will not be purchased until

federal money is made available for participation in such purchases.

     (b) The sign must enjoy legal occupancy status from

the time of erection until purchase by the state.

     (c) The sign must be located in a nonconforming

area.

     (d) The sign must not have undergone any

substantial change in configuration since March 15, 1972, although normal

maintenance is permitted.

     (e) The sign must have a sign permit issued by this

state.

     (f) Nonconforming signs on routes which have been

added to the interstate or primary system subsequent to March 15, 1972, must be

removed within 5 years after the date the route was added to the system. They

may qualify for compensation subject to meeting the required occupancy tests.

     2.  When the valuation process begins for

signs eligible for purchase, the owner of the sign shall furnish the Department

with copies of his or her leases or agreements with the property owner

delineating the terms and conditions of occupancy within 30 days after such a

request by the Department. If a formal lease or agreement does not exist, the

owner shall furnish the Department with a notarized affidavit attesting to his

or her occupancy right and stating the amount of site rental paid for the last

2 calendar years, the party to whom sums for the lease were paid and the

address of that party.

     [Dep’t of Highways, Outdoor Advertising Control Manual

p. 21, eff. 1-28-77]—(NAC A by Dep’t of Transportation by R058-97, 12-11-98)

      NAC 410.420  Change of ownership. (NRS 410.400)

     1.  If an outdoor advertising sign governed

by the provisions of NAC 410.200 to 410.440, inclusive, changes ownership, the new owner

shall inform the Department of the change within 60 days after the change of

ownership or November 1 of the calendar year, whichever is sooner, to allow

enough time to change the name and address on the billing for the permit fee.

     2.  A notice given pursuant to this section

must include a bill of sale from the previous owner to the new owner or an

affidavit signed by the previous owner confirming the change in ownership.

     [Dep’t of Highways, Outdoor Advertising Control Manual

p. 21, eff. 1-28-77]—(NAC A by Dep’t of Transportation by R058-97, 12-11-98)

      NAC 410.430  Directional and informational signs. (NRS 410.400)

     1.  An authorized directional or

informational sign, as authorized by NRS

410.400, may not be erected without first obtaining a sign permit from the

Department. No fee will be charged for the permit which is revocable.

     2.  Revocable sign permits must be obtained

from the Department for authorized directional and informational signs allowed

upon highway rights-of-way. Applications are available at the district offices

of the Department. The holder of the permit shall maintain the sign and ensure that

no unauthorized panels are placed on the sign.

     3.  Authorized directional and informational

signs may be located within the right-of-way of noncontrolled access highways.

However, such sign structures must be constructed outside the clear roadside

area and must meet accepted breakaway requirements. If any installations within

the right-of-way are subsequently deemed a safety hazard, they must be removed

or relocated within 30 days after receipt of a notice to that effect. All

determinations for allowing the erection of or requiring the removal or relocation

of such signs are at the discretion of the Director.

 

     4.  The district traffic engineer shall

establish standards for directional and information signs to be located within

a highway right-of-way. Such signs must be erected by the Department. The

holder of the permit shall pay the cost of erecting such a sign.

     [Dep’t of Highways, Outdoor Advertising Control Manual

pp. 21, 22, 25, 47 & 48, eff. 1-28-77]—(NAC A by Dep’t of Transportation by

R058-97, 12-11-98)

      NAC 410.440  Political signs. (NRS 410.400)

     1.  All political signs erected within the

controlled areas of the interstate and primary routes are subject to NAC 410.200 to 410.440,

inclusive.

     2.  Before each statewide:

     (a) Primary election; or

     (b) General election, if there is no statewide

primary election,

Ê informational

packets explaining general requirements for political signs will be delivered

to the Secretary of State and the clerk of each county and municipality. The

Secretary of State or clerk shall distribute to each candidate and sponsor of a

ballot question the informational packet.

     3.  No political sign may be attached to the

fencing for a right-of-way or be placed within the Department’s right-of-way

for roads, district offices, major maintenance stations, surplus and excess

properties, and property acquired by the Department for future roadway

construction.

     [Dep’t of Highways, Outdoor Advertising Control Manual

p. 22, eff. 1-28-77]—(NAC A by Dep’t of Transportation by R058-97, 12-11-98)

Directional and Official Signs

      NAC 410.500  Definitions.  As

used in NAC 410.500 to 410.630,

inclusive, unless the context otherwise requires, the words and terms defined

in NAC 410.510 to 410.550,

inclusive, have the meanings ascribed to them in those sections.

     (Supplied in codification)

      NAC 410.510  “Directional sign” defined. (NRS 410.400)

     1.  “Directional sign” means a sign

containing directional information for the traveling public about:

     (a) A public place owned or operated by the federal

or state government or a local government or one of its agencies;

     (b) A publicly or privately owned natural

phenomenon;

     (c) A historic, cultural, scientific, educational

or religious site; or

     (d) An area of natural scenic beauty or an area

naturally suited for outdoor recreation.

     2.  The term is limited to an official sign

and a sign of a public utility, service club, religious organization or a

public service sign.

     [Dep’t of Highways, Outdoor Advertising Control Manual,

Supp. part § V subsec. A, eff. 10-17-80]

      NAC 410.520  “Official sign” defined. (NRS 410.400)  “Official

sign” means a sign or notice erected and maintained by a public officer or

agency within the territorial or zoning jurisdiction of the officer or agency

pursuant to law, ordinance or regulations for the purposes of carrying out an

official duty or responsibility.

     [Dep’t of Highways, Outdoor Advertising Control Manual,

Supp. part § V subsec. A, eff. 10-17-80]

 

 

      NAC 410.530  “Public service sign” defined. (NRS 410.400)  “Public

service sign” means a sign which:

     1.  Is located on a shelter at a school bus

stop if the shelter is authorized or approved by a law, ordinance or regulation

and is at a place approved by the city, county or state agency controlling the

highway involved; and

     2.  Identifies the donor, sponsor or

contributors of the shelter.

     [Dep’t of Highways, Outdoor Advertising Control Manual,

Supp. part § V subsec. A, eff. 10-17-80]

      NAC 410.540  “Sign of a public utility” defined. (NRS 410.400)  “Sign of

a public utility” means a sign, notice or marker which provides a warning or

information and is customarily erected and maintained by a publicly or

privately owned utility as essential to its operations.

     [Dep’t of Highways, Outdoor Advertising Control Manual,

Supp. part § V subsec. A, eff. 10-17-80]

      NAC 410.550  “Sign of a service club or religious organization” defined. (NRS 410.400)  “Sign of

a service club or religious organization” means a sign or notice whose erection

is authorized by law and which relates to a meeting of a nonprofit service

club, charitable association or religious service.

     [Dep’t of Highways, Outdoor Advertising Control Manual,

Supp. part § V subsec. A, eff. 10-17-80]

      NAC 410.560  Severability. (NRS 410.400)  If any

provision of NAC 410.500 to 410.630,

inclusive, or their application to any person, thing or circumstance is held

invalid, it is intended that such invalidity not affect the remaining

provisions or applications to the extent that they can be given effect.

     [Dep’t of Highways, Outdoor Advertising Control Manual,

Supp. § IV, eff. 10-17-80]

      NAC 410.570  Purpose. (NRS 408.557, 410.330, 410.400)  The

purpose of NAC 410.500 to 410.630,

inclusive, is to provide for effective control by the Department of official

and directional signs adjacent to interstate or primary highways within this

state and to establish effective control in conformance with the national

standards adopted by the Secretary of Transportation pursuant to 23 U.S.C. §

131.

     [Dep’t of Highways, Outdoor Advertising Control Manual,

Supp. § I, eff. 10-17-80]—(NAC A by Dep’t of Transportation by R058-97, 12-11-98)

      NAC 410.580  Applicability. (NRS 410.400)  NAC 410.500 to 410.630,

inclusive, apply to all official and directional signs adjacent to and visible

from any interstate or primary highway in Nevada.

     [Dep’t of Highways, Outdoor Advertising Control Manual,

Supp. § III, eff. 10-17-80]

      NAC 410.590  Directional and official signs: Conformity with criteria. (NRS 410.400)  Directional

and official signs are subject to the criteria set forth in NAC 410.500 to 410.630,

inclusive. Signs qualifying under the criteria are allowed to be erected and

maintained. Upon application by the owner, permits for such signs will be

issued by the Department at no cost to the owner. Signs which were legally

erected and maintained but which do not meet the criteria must be modified or

relocated or will be purchased by the Department. Signs which do not meet the

criteria and which were not legally erected and maintained will be removed at

the owner’s expense.

     [Dep’t of Highways, Outdoor Advertising Control Manual,

Supp. § V subsec. B, eff. 10-17-80]

      NAC 410.600  Directional signs: Prohibited signs; limitations upon size,

lighting, spacing, content and use. (NRS 408.557, 410.330, 410.400)

     1.  The following directional signs are

prohibited:

     (a) Signs located in such a manner as to obscure or

otherwise interfere with the effectiveness of an official traffic sign, signal

or device, or obstruct or interfere with the driver’s view of approaching,

merging or intersecting traffic.

     (b) Signs which are erected or maintained upon

trees or painted or drawn upon rocks or other natural features.

     (c) Obsolete signs.

     (d) Signs which are structurally unsafe or in

disrepair.

     (e) Signs which move or have any animated or moving

parts.

     (f) Signs located in rest areas, parklands or

scenic areas.

     2.  No directional sign may exceed the

following limits:

     (a) Area, 150 square feet.

     (b) Height, 20 feet.

     (c) Length, 20 feet.

Ê All

dimensions include border and trim, but exclude supports.

     3.  Signs may be illuminated, subject to the

following:

     (a) Any sign which contains, includes or is

illuminated by any flashing, intermittent or moving light or lights is

prohibited.

     (b) Any sign which is not effectively shielded to

prevent beams of light from being directed at any portion of the traveled way

of an interstate or primary highway, which is of such intensity or brilliance

that it causes glare or impairs the vision of the driver of any motor vehicle,

or which otherwise interferes with any driver’s operation of a motor vehicle is

prohibited.

     (c) Any sign which is so illuminated that it

interferes with the effectiveness of or obscures an official traffic sign,

device or signal is prohibited.

     (d) Any sign which resembles or simulates an

official traffic control device is prohibited.

     4.  Spacing criteria are as follows:

     (a) The location of each such sign must be approved

by the Department.

     (b) No sign may be located within 2,000 feet of an

interchange or an intersection at grade along the interstate system or other

freeways. The distance is measured along the interstate or freeway from the

nearest point of the beginning or ending of pavement widening at the exit from

or entrance to the main-traveled way.

     (c) No sign may be located within 2,000 feet of a

rest area, parkland or scenic area.

     (d) No two signs facing the same direction of

travel may be spaced less than 1 mile apart.

     (e) No more than three signs pertaining to the same

activity and facing the same direction of travel may be erected along a single

route approaching the activity.

     (f) Any sign located adjacent to the interstate

system must be within 75 air miles of the activity.

     (g) Any sign located adjacent to the national

highway system, other than the interstate, or the primary system must be within

50 air miles of the activity.

     5.  The message on a sign must be limited to

the attraction or activity and directional information useful to the traveler

in locating the attraction, such as mileage, route numbers or exit numbers.

Descriptive words or phrases and pictorial or photographic representations of

the activity or its environs are prohibited.

     6.  The use of directional signs for

privately owned activities or attractions is limited to providing information

on natural phenomena, scenic attractions, historic, educational, cultural,

scientific and religious sites, and outdoor recreational areas. To be eligible for

use of such signs, the privately owned attractions or activities must be

nationally or regionally known and of outstanding interest to the traveling

public.

     7.  As used in this section, “national

highway system” has the meaning ascribed to it in 23 U.S.C. § 103(b).

     [Dep’t of Highways, Outdoor Advertising Control Manual,

Supp. § V subsec. F, eff. 10-17-80]—(NAC A by Dep’t of Transportation by R058-97,

12-11-98)

      NAC 410.610  Official signs: Size; location; type; number. (NRS 410.400)

     1.  An official sign must not exceed 750

square feet in size. An official sign of a local government may be erected

anywhere adjacent to an interstate and primary highway within its jurisdiction,

except in a scenic area or parkland, so long as the sign does not create a

safety hazard to the traveling public.

     2.  An official sign will not be considered

when the Department determines the spacing required between conforming outdoor

advertising signs located off premises.

     3.  Public officials may erect, within the

limits of their jurisdictions, official signs welcoming travelers and

describing the services and attractions available but may not advertise private

businesses or brand names. Not more than one official sign welcoming visitors

or providing information about a community is allowed on each highway entering

the community.

     [Dep’t of Highways, Outdoor Advertising Control Manual,

Supp. § V subsec. E, eff. 10-17-80]

      NAC 410.620  Public service signs. (NRS 410.400)

     1.  A public service sign:

     (a) Must contain public service messages which

occupy 50 percent or more of the area of the sign;

     (b) May not contain any other message; and

     (c) May not exceed 32 square feet in area.

     2.  Not more than one sign on each shelter

may face in any one direction.

     [Dep’t of Highways, Outdoor Advertising Control Manual,

Supp. § V subsec. C, eff. 10-17-80]

      NAC 410.625  Specifications for signs of service clubs and religious

organizations. (NRS 410.400)

     1.  A sign of a service club or religious

organization must include a panel provided and attached by the Department. The

holder of the permit must obtain a panel from the district traffic engineer,

have the panel engraved and return it to the district traffic engineer for

attachment to the assembly. The panels must be approximately 12 inches by 40

inches.

     2.  The lettering must be approximately 3/4-inch

tall for the name of the holder of the permit, approximately 1/2-inch tall for

the location of its meeting and approximately 1/4-inch tall for the date and

time of the meeting.

     3.  Each district traffic engineer shall make

further specifications available. Depending on the size of the community in

which the club or church is located, an assembly may consist of 10 panels or 15

panels.

     (Added to NAC by Dep’t of Transportation by R058-97,

eff. 12-11-98)

      NAC 410.630  Area of signs of service clubs and religious organizations;

historical markers considered official signs. (NRS 410.400)

     1.  A sign of a service club or religious

organization must not exceed 8 square feet in area.

     2.  Historical markers authorized by state

law and erected by agencies of the state or local governments or by nonprofit

historical societies may be considered official signs by the Department.

     [Dep’t of Highways, Outdoor Advertising Control Manual,

Supp. § V subsec. D, eff. 10-17-80]

Location of Signs

      NAC 410.650  Definitions. (NRS 408.557, 410.330, 410.400)  As used

in NAC 410.650 to 410.750,

inclusive, unless the context requires otherwise, the words and terms defined

in NAC 410.655 to 410.675,

inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Dep’t of Transportation, eff. 12-16-82;

A by R058-97, 12-11-98)

      NAC 410.655  “Conforming area” defined. (NRS 410.400)  “Conforming

area” means an area:

     1.  Which the Department finds is within an

unacceptable commercial or industrial zone; and

     2.  In which the Department finds that a

commercial or industrial activity exists or is contemplated for the near

future.

     (Added to NAC by Dep’t of Transportation, eff. 12-16-82)

      NAC 410.660  “Defined area” defined. (NRS 410.400)  “Defined

area” means an area which:

     1.  Has clearly established geographic

boundaries; and

     2.  Can be evaluated as an economic entity.

     (Added to NAC by Dep’t of Transportation, eff. 12-16-82)

      NAC 410.670  “Nonconforming outdoor advertising sign” defined. (NRS 410.400)  “Nonconforming

outdoor advertising sign” means an outdoor advertising sign which was erected

and has been maintained lawfully but does not conform to the provisions set

forth in NRS 410.220 to 410.410, inclusive.

     (Added to NAC by Dep’t of Transportation, eff. 12-16-82)

      NAC 410.675  “Unacceptable commercial or industrial zone” defined. (NRS 410.400)  “Unacceptable

commercial or industrial zone” means an area which is established by a local

government as a commercial or industrial zone but which is not accepted by the

Department as a commercial or industrial area for the purpose of the exception

in subsection 4 of NRS 410.320.

     (Added to NAC by Dep’t of Transportation, eff. 12-16-82)

      NAC 410.680  Severability. (NRS 408.557, 410.330, 410.400)  If any

provision of NAC 410.650 to 410.750,

inclusive, or any application thereof to any person, thing or circumstance is

held invalid, such invalidity does not affect the remaining provisions or

applications to the extent that they can be given effect.

     (Added to NAC by Dep’t of Transportation, eff. 12-16-82;

A by R058-97, 12-11-98)

      NAC 410.685  Applicability. (NRS 410.400)  NAC 410.650 to 410.750,

inclusive, applies to all outdoor advertising signs which are subject to the

provisions of NRS 410.220 to 410.410, inclusive.

     (Added to NAC by Dep’t of Transportation, eff. 12-16-82)

      NAC 410.690  Sign location: Controlled areas. (NRS 408.557, 410.330, 410.400)

     1.  In accordance with NRS 410.220 to 410.410, inclusive, no off-premise

outdoor advertising structure may be erected within the controlled area of the

interstate or primary highway systems within this state without first obtaining

a sign permit from the Department. For a controlled area:

     (a) Within the limits of urban areas which are

designated in the latest national census report or as a populated area of more

than 5,000 people with the boundary to be determined by the state and based

upon the metropolitan plan area statistics, a sign permit is required for all

signs visible from and capable of having their messages read from the

main-traveled way of and located within 660 feet of the right-of-way for

interstate and primary routes. The 660 feet must be measured perpendicular to

the centerline of the main-traveled way and must be concentric with the

right-of-way line.

     (b) Outside the limits of urban areas, defined in

paragraph (a), a sign permit is required for all signs visible from and capable

of having their messages read from the main-traveled way of interstate and

primary routes. No sign may be erected beyond 660 feet from the right-of-way

line of interstate and primary routes which was erected to be viewed from or

have its message read from the main-traveled way of interstate and primary

routes.

     2.  A request to determine whether a sign

will be visible from a controlled area must be made to the Department before

the sign is constructed. The Department will inspect the site and advise the

prospective holder of a permit whether the sign will be visible and capable of

having its message read from the controlled area. If the holder of the permit

constructs the sign after the Department has advised him or her that the sign

will be visible from the controlled area, and the sign is later determined to

be in violation of any provision of this chapter, the holder of the permit

shall remove the sign within 30 days after receiving notice of the violation.

The holder of the permit shall pay the cost of the removal.

     [Dep’t of Highways, Outdoor Advertising Control Manual

p. 6, eff. 1-28-77]—(NAC A by Dep’t of Transportation by R058-97, 12-11-98)

      NAC 410.695  Exemption of nonconforming signs: Requests for exemption from

requirements for acquisition and removal. (NRS 408.557, 410.330, 410.400)

     1.  A governmental agency may submit to the

Director a request for an exemption of nonconforming outdoor advertising signs

within a defined area from the requirements for acquisition and removal by the

Department.

     2.  The area in which the signs are located

must be under the jurisdiction of the governmental agency which submits the

request.

     3.  The request must be in the form of a

declaration, resolution, certified copy of an ordinance or other direction from

the governing body of the county, city or other governmental agency.

     (Added to NAC by Dep’t of Transportation, eff. 12-16-82;

A by R058-97, 12-11-98)

      NAC 410.700  Exemption of nonconforming signs: Requirements for exemption. (NRS 410.400)

     1.  To be approved for exemption from

acquisition and removal, a nonconforming outdoor advertising sign must have

continuously displayed since May 5, 1976, or the date on which it became

nonconforming, whichever is later:

     (a) Information in the interest of the traveling

public concerning goods or services;

     (b) The name of an establishment which has provided

those goods or services continuously since May 5, 1976, or the date when the

sign became nonconforming, whichever is later; and

     (c) Specific directional information which has

enabled the traveling public to locate the establishment offering those goods

or services.

     2.  If at any time since May 5, 1976, or the

date when the sign became nonconforming, whichever is later, an exempted

nonconforming outdoor advertising sign is modified or repainted so that it no

longer contains the information required in subsection 1, the exemption for the

sign will be rescinded and will not be reinstated.

     (Added to NAC by Dep’t of Transportation, eff. 12-16-82)

      NAC 410.703  Exemption of nonconforming signs: Preexisting signs. (NRS 408.557, 410.330, 410.400)  Signs

which were lawfully erected in zoned and unzoned commercial or industrial areas

before the effective date of the control of a route, or segment thereof, by the

Department, including, without limitation, new interchanges, extensions of

routes and redesignations of routes, shall be deemed to be conforming and will

not be required to be removed if they are in conformity with the local

ordinances and laws of this state relating to the erection and maintenance of

such signs.

     (Added to NAC by Dep’t of Transportation by R058-97,

eff. 12-11-98)

      NAC 410.705  Exemption of nonconforming signs: Economic analysis. (NRS 410.400)

     1.  An economic analysis must be submitted to

support a request for an exemption. The analysis must include:

     (a) A complete description of the method of

analysis;

     (b) A description of the defined area covered in

the analysis;

     (c) A list of the nonconforming outdoor advertising

signs for which exemption is sought, and a photograph of each sign, with a note

on the photograph showing the date it was taken;

     (d) The name of the enterprise advertised on each

nonconforming outdoor advertising sign to be exempted; and

     (e) A clear demonstration that removal of the

nonconforming outdoor advertising signs would cause a substantial adverse

economic effect throughout the defined area.

     2.  The economic analysis must be based upon

a study of the entire area and not merely upon individual claims of hardship by

owners of businesses within the defined area.

     (Added to NAC by Dep’t of Transportation, eff. 12-16-82)

      NAC 410.710  Exemption of nonconforming signs: Requests for renewal. (NRS 410.400)  Every 3

years after an exemption within a defined area is granted, the governmental

agency which initially requested the exemption must:

     1.  Perform an economic analysis justifying

renewal of the exemption; and

     2.  Submit to the Department the results of

the analysis and a request for renewal of the exemption.

     (Added to NAC by Dep’t of Transportation, eff. 12-16-82)

      NAC 410.715  Exemption of nonconforming signs: Review of requests. (NRS 410.400)  The

Department will examine each request for an exemption or renewal of an

exemption and if the request meets the requirements of NAC

410.695 to 410.710, inclusive, will forward it

with a recommendation for approval to the Federal Highway Administration.

     (Added to NAC by Dep’t of Transportation, eff. 12-16-82)

      NAC 410.720  Exemption of nonconforming signs: Preparation of request. (NRS 410.400)  The

Department will not participate in any cost or activity related to preparation

of:

     1.  A request for an exemption;

     2.  An economic analysis; or

     3.  A request for renewal.

     (Added to NAC by Dep’t of Transportation, eff. 12-16-82)

      NAC 410.725  Unacceptable commercial or industrial zones: Determination of

zones. (NRS

408.557, 410.330, 410.400)

     1.  The Department will review any area zoned

for commercial or industrial activity to determine if the zone appears to have

been deliberately or inadvertently established to circumvent 23 U.S.C. § 131.

     2.  The Department will consider a commercial

or industrial zone as unacceptable for the purpose of the exception in

subsection 4 of NRS 410.320 if:

     (a) A significant number of noncommercial or

nonindustrial uses are allowed in the zone or by the zoning ordinance to the

extent that the commercial or industrial character of the zone is or would be

obscured;

     (b) The zone consists of a large area which is

remote and unpopulated and has little or no commercial or industrial activity;

     (c) The zone consists of a long narrow strip or

strips along significant portions of highway frontage within which the existing

developments do not support the commercial or industrial classification; or

     (d) The zone is not part of a comprehensive plan of

zoning but appears to have been the result of spot zoning whose primary purpose

was to allow the erection or continued existence of an outdoor advertising

sign.

     3.  The Department will include in its

review:

     (a) The zoning ordinance enacted by the appropriate

local authority;

     (b) The minutes of the planning commission’s and

county commission’s meetings at which the requests for the zoning or rezoning

were discussed, in order to ascertain the purpose of the zoning or rezoning;

and

     (c) The area encompassed by the zone and the extent

and nature of commercial and industrial activity in the zone.

     (Added to NAC by Dep’t of Transportation, eff. 12-16-82;

A by R058-97, 12-11-98)

      NAC 410.727  Unacceptable commercial or industrial zones: Determination of

conforming and nonconforming areas; submission of documents. (NRS 408.557, 410.330, 410.400)

     1.  Except as otherwise provided in

subsection 2, the following areas shall not be deemed to be conforming areas

within unacceptable commercial or industrial zones, whether the zones are civic

zones or public-facility zones or whether incidental commercial or industrial

activities are allowed therein, pursuant to NAC 410.730:

     (a) Areas established primarily for the

accommodation of governmental facilities, including, without limitation,

offices and schools.

     (b) Areas established primarily as recreational

facilities, including, without limitation:

          (1) Golf courses and parks;

          (2) Baseball, softball and soccer fields or

arenas; and

          (3) Open spaces operated or managed on a

profit, not-for-profit or nonprofit basis.

     (c) Areas established primarily for utility

facilities, including, without limitation, generating plants.

     2.  The following areas shall be deemed

conforming areas within unacceptable commercial or industrial zones pursuant to

NAC 410.730:

     (a) Land in a civic zone or public-facility zone

if:

          (1) A special or conditional use permit has

been granted to allow activities categorized as “for commerce, industry or

trade” on the land; and

          (2) The land has been developed for such use,

including, without limitation, an airport or another intense commercial or

industrial development or a use which is not incidental to the primary use of

the land.

     (b) An area along a highway extending 600 feet from

and beyond the edge of land that:

          (1) Meets the requirements set forth in

paragraph (a); and

          (2) Is not zoned other than for commercial or

industrial use.

     (c) An area on the opposite side of a highway

extending 600 feet from and beyond the edge of land that:

          (1) Meets the requirements set forth in

paragraph (b); and

          (2) Is not considered scenic or as having

aesthetic value.

     3.  All measurements required pursuant to

this section must be:

     (a) Made from the outer edges of the regularly used

buildings, parking lots, storage or processing areas, or landscaped areas of

the commercial or industrial activities; and

     (b) Measured alongside or parallel to the edge of

the pavement of the highway.

     4.  A scaled drawing that shows the

relationship of a proposed sign to the commercial or industrial activity, a

description of the commercial or industrial activity and a copy of the special

or conditional use permit must be submitted to the Department for each new sign

to be constructed in the conforming area.

     (Added to NAC by Dep’t of Transportation by R058-97,

eff. 12-11-98)

      NAC 410.730  Unacceptable commercial or industrial zones: Conforming areas

within unacceptable zones. (NRS 410.400)

     1.  The Department will allow existing

outdoor advertising signs to remain and new outdoor advertising signs to be

erected in a conforming area within an unacceptable commercial or industrial

zone.

     2.  Except as provided in subsection 3, the

Department will determine the extent of a conforming area by applying the

Department’s criteria for unzoned commercial or industrial areas as set forth

in NAC 410.320 to those areas within the

unacceptable commercial or industrial zones having existing or contemplated

commercial or industrial activities.

 

     3.  A conforming area will not be extended

beyond the commercial or industrial zone.

     4.  The Department will not consider a

commercial or industrial activity established within or as an adjunct to a

residence to be a commercial or industrial activity for purposes of defining a

conforming area if the Department determines that the activity is

insubstantial.

     (Added to NAC by Dep’t of Transportation, eff. 12-16-82)

      NAC 410.735  Unacceptable commercial or industrial zones: Proof of

contemplated commercial or industrial use; special conditions; changes to be

reviewed. (NRS

408.557, 410.330, 410.400)

     1.  To prove that a commercial or industrial

use is contemplated for the near future and that it would provide a basis for

establishing a conforming area within which an existing or proposed outdoor

advertising sign could remain or be erected, the owner of the sign must submit

the following information to the Department:

     (a) A description of the nature of the proposed

commercial or industrial use.

     (b) A copy of the building permit approved and

issued by the appropriate local authority for improvements to be constructed to

accommodate the proposed use. If a building permit is not required, the

commercial or industrial use must be established within 1 year after the owner

of the sign notifies the Department of the proposed construction.

     (c) A scaled drawing showing:

          (1) The highway with the right-of-way and

paved traveled portion accurately depicted;

          (2) The contemplated commercial or industrial

improvements or the area to be devoted to commercial or industrial activity;

          (3) The proposed conforming area, as defined

pursuant to NAC 410.730, encompassing the

contemplated commercial or industrial activity; and

          (4) Existing or proposed outdoor advertising

signs in the conforming area with distances, to be measured along the edge of

the highway pavement, between those signs and the nearest commercial or

industrial improvement.

     2.  The Department may require special

conditions, including, without limitation, a performance bond or a surety bond,

to ensure compliance for sign permits issued in these areas.

     3.  Any change in the proposed commercial or

industrial activity must be reviewed by the Department. The holder of the

permit shall provide the Department, without notice by the Department, with

sufficient documentation to review the proposed change. Failure to provide such

documentation may result in the revocation of the permit, and a new application

for a permit may be required. If a new application is required, all provisions

of this chapter related thereto are applicable. The new application will be

considered a new request and a new permit will be granted as available.

     (Added to NAC by Dep’t of Transportation, eff. 12-16-82;

A by R058-97, 12-11-98)

      NAC 410.740  Unacceptable commercial or industrial use: Conditional

conformance; temporary conformance. (NRS 408.557, 410.330, 410.400)

     1.  An outdoor advertising sign in a proposed

conforming area which will encompass contemplated commercial or industrial

activity shall be deemed to be conforming pending the commencement of that

activity.

     2.  If that activity is not commenced within:

     (a) The period specified for completion in the

initial building permit issued by the local authority; or

     (b) One year after the owner of the sign notifies

the Department, if no building permit is required,

Ê the

Department will consider that no conforming area has been established and will

proceed as provided in NAC 410.745.

     3.  If that activity is developed in a

different area than the one shown on the plot submitted to the Department, the

owner of any sign which may be affected must prove to the Department that his

or her sign is in the conforming area defined by applying the provisions of NAC 410.730 to that activity.

     4.  Any qualifying commercial or industrial

activity that is temporary will define a conforming area for off-premise signs

only for the actual duration of the qualifying activity. If the qualifying

activity ceases for a period of 60 consecutive days or more, signs allowed

within the conditional conforming area shall be deemed nonconforming, the

permit will be cancelled and the sign must be removed by the owner within 30

days after the notice or declaration with no compensation from the Department

unless another qualifying activity is established or can be demonstrated by the

holder of the permit. As used in this subsection, “temporary” means the

activity will exist for 3 years or less.

     (Added to NAC by Dep’t of Transportation, eff. 12-16-82;

A by R058-97, 12-11-98)

      NAC 410.745  Unacceptable commercial or industrial zones: Failure to complete

development; development in different area; resolution of intent to rezone. (NRS 408.557, 410.330, 410.400)

     1.  If no significant progress is made in

developing the contemplated commercial or industrial activity within the period

specified in the building permit issued by the appropriate local authority or

within 1 year after the date on which the owner of the sign formally notifies

the Department of the contemplated activity in a case where no building permit

is required, the Department will declare that a conforming area has not been

established and will acquire and remove preexisting, legally erected outdoor

advertising signs. Any outdoor advertising signs which have been erected in

anticipation of the establishment of a contemplated commercial or industrial

activity shall be deemed illegal outdoor advertising signs and must be removed

by the owner with no compensation from the Department.

     2.  If the contemplated commercial or

industrial activity is developed within the appropriate period, as prescribed

in subsection 1, the Department will define the conforming area to correspond

with the commercial or industrial activity actually developed. The Department

will immediately acquire and remove any outdoor advertising signs which existed

before the commercial or industrial activity was contemplated and which are

outside the conforming area. Any outdoor advertising sign which has been

erected in anticipation of the establishment of a contemplated commercial or

industrial activity and which is outside the limits of the conforming area

established is an illegal outdoor advertising sign and must be removed by the

owner of the sign, with no compensation from the Department.

     3.  A resolution of intent to rezone an area

for commercial or industrial activity will be accepted for the purposes of this

chapter if the term of the resolution and extensions do not exceed 3 years and

the conditions and periods of time established pursuant to the resolution of

intent are met by the landowner. Any sign permit issued for a sign on the

property which is subject to a resolution of intent will be issued conditionally

upon the property actually being rezoned for commercial or industrial activity

before the expiration of the resolution of intent, which must not exceed 3

years. If the resolution of intent expires without the property being rezoned

or the term, including any extensions, exceeds 3 years, any sign permit issued

for a sign on the property will be revoked and the sign must be removed by the

owner within 60 days after the expiration of the resolution of intent and any

extensions thereof or the expiration of 3 years, whichever is sooner, with no

compensation from the Department.

     (Added to NAC by Dep’t of Transportation, eff. 12-16-82;

A by R058-97, 12-11-98)

      NAC 410.750  Unacceptable commercial or industrial zones: Activity

contemplated to circumvent purpose of program. (NRS 410.400)  If any

contemplated commercial or industrial activity appears to be designed primarily

to protect outdoor advertising signs or encourage their use and thus, to circumvent

the purpose of the Department’s program for beautification of highways, the

Department will not define the area surrounding the activity as a conforming

area.

     (Added to NAC by Dep’t of Transportation, eff. 12-16-82)

 

VIOLATIONS

      NAC 410.775  Violation of chapter. (NRS 408.557, 410.330, 410.400)

     1.  The Department will issue a notice of

violation to the owner of a sign that is erected without a permit in violation

of the provisions of this chapter. The notice will be delivered by certified

mail or by posting the notice on the sign.

     2.  The owner of the sign, landowner or other

person responsible for erecting the sign shall, within 30 days after receiving

the notice issued pursuant to subsection 1:

     (a) Obtain a permit for the sign, if the sign

qualifies for a permit; or

     (b) Remove the sign.

     3.  If a permit is not obtained or the sign

is not removed within the time required by subsection 2, the Department will

remove the sign. The owner of the sign, landowner or other person responsible

for erecting the sign shall pay the cost of removal to the Department. The

Department will store the sign for the 30 days immediately following removal,

during which time the sign may be claimed upon payment of the cost of removal

and any costs associated with the removal and storage of the sign and the

collection of the cost of removal. A sign that is not claimed within 30 days

after removal shall be deemed the property of the Department and may be

disposed of by the Department. Any money received from the disposal will be

credited first towards the costs of removal and storage of the sign. Money in

excess of such costs will be deposited with the State Treasurer for credit to

the State Highway Fund to offset the cost of issuing permits for signs. If the

income generated from the disposal of the sign does not meet or exceed the

costs of removal and storage of the sign and the cost of collecting the cost of

removal, the owner of the sign, landowner or other person responsible for

erecting the sign shall pay the remaining costs.

     4.  Any dispute arising out of the ownership

of the sign must be resolved by an appeal to the Director who will cause the

ownership of the sign to be investigated. The costs required to be paid by

subsection 3 will be abated until ownership is determined. Ownership of the

sign must be proven to the satisfaction of the Director. If the Director

determines that the person who has been charged for the costs of removal and

storage does not own the sign, the person is not liable for the costs required

to be paid pursuant to subsection 3.

     (Added to NAC by Dep’t of Transportation by R058-97,

eff. 12-11-98)

MISCELLANEOUS PROVISIONS

      NAC 410.800  Effective dates of control by Department of alterations to and

new routes added to interstate and primary routes. (NRS 408.557, 410.330, 410.400)  For the

purposes of this chapter, the effective dates of control by the Department of

alterations to and new routes added to the interstate and primary routes are:

     1.  Upon the signing or acceptance of the

design recommendation by the Director, for new highways being constructed by

the Department or roadways being constructed with the intent of becoming part

of the state-maintained roadway system, including, without limitation, the

interstate or primary routes.

     2.  At such time as the Department and the

local governing body agree to transfer control of the road or street to the

Department, for existing roads and streets added to the interstate and primary

routes.

     3.  Upon the signing or acceptance of the

design recommendation by the Director, for the interstate and primary routes

being altered, including, without limitation, by adding interchanges or

extending routes.

     (Added to NAC by Dep’t of Transportation by R058-97,

eff. 12-11-98)
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