[Rev. 2/10/2015 5:22:51
PM--2014R2]
TITLE 35 - HIGHWAYS; ROADS; BRIDGES; PARKS
CHAPTER 403 - COUNTY ROADS, HIGHWAYS AND
BRIDGES
GENERAL PROVISIONS
NRS 403.005 Inapplicability
of chapter.
BOARD OF COUNTY HIGHWAY COMMISSIONERS
NRS 403.010 Creation.
NRS 403.020 Members;
terms.
NRS 403.030 Oaths.
NRS 403.040 Meetings;
quorum; affirmative vote of majority of members required to take action.
NRS 403.050 Rules
and regulations.
NRS 403.060 Compensation
of members.
NRS 403.070 Chair:
Election; duties.
NRS 403.080 Clerk:
Election; salary; duties.
NRS 403.085 Determination
by board that emergency exists to hold special election for issuance of bonds
for county roads and bridges; action to challenge determination.
NRS 403.090 General
powers of board over public highways, roads and bridges.
COUNTY ROAD SUPERVISORS AND BOARDS OF ROAD COMMISSIONERS
NRS 403.110 County
road supervisor: Appointment; term of office.
NRS 403.120 County
road supervisor: Oath and bond.
NRS 403.130 County
road supervisor: Salary; travel.
NRS 403.140 County
road supervisor: Duties.
NRS 403.151 County
road supervisor: Prohibited acts; penalties.
NRS 403.160 Board
of road commissioners: Creation; oaths and terms of members; duties. [Effective
until the earlier of October 1, 2015, or the date on which the Director of the
Department of Motor Vehicles notifies the Governor and the Director of the
Legislative Counsel Bureau that sufficient resources are available to enable
the Department to carry out the provisions of chapter 472, Statutes of Nevada
2013, at page 2812.]
NRS 403.160 Board
of road commissioners: Creation; oaths and terms of members; duties. [Effective
on the earlier of October 1, 2015, or the date on which the Director of the
Department of Motor Vehicles notifies the Governor and the Director of the
Legislative Counsel Bureau that sufficient resources are available to enable
the Department to carry out the provisions of chapter 472, Statutes of Nevada
2013, at page 2812.]
CLASSIFICATION OF COUNTY ROADS
NRS 403.170 Designation
of main, general and minor county roads; immunity of State and county from
liability resulting from use of minor county roads; reclassification and
abandonment of roads; hearing.
NRS 403.180 Standard
county roads: Designation; maintenance. [Effective until the earlier of October
1, 2015, or the date on which the Director of the Department of Motor Vehicles
notifies the Governor and the Director of the Legislative Counsel Bureau that
sufficient resources are available to enable the Department to carry out the
provisions of chapter 472, Statutes of Nevada 2013, at page 2812.]
NRS 403.180 Standard
county roads: Designation; maintenance. [Effective on the earlier of October 1,
2015, or the date on which the Director of the Department of Motor Vehicles
notifies the Governor and the Director of the Legislative Counsel Bureau that
sufficient resources are available to enable the Department to carry out the
provisions of chapter 472, Statutes of Nevada 2013, at page 2812.]
NRS 403.190 Map
of county roads filed by board of county highway commissioners; effect of
filing of map that includes an R.S. 2477 road; authority of user to file map of
minor county road; fees.
NRS 403.200 Priority
of construction and improvement.
BONDS
NRS 403.210 Creation
of county road and bridge fund; issuance of bonds.
CONSTRUCTION AND IMPROVEMENT OF COUNTY ROADS
NRS 403.410 Public
highways.
NRS 403.430 Procedure
for opening, changing or vacating public road.
NRS 403.435 Projects
in cooperation with federal agency. [Effective until the earlier of October 1,
2015, or the date on which the Director of the Department of Motor Vehicles
notifies the Governor and the Director of the Legislative Counsel Bureau that
sufficient resources are available to enable the Department to carry out the
provisions of chapter 472, Statutes of Nevada 2013, at page 2812.]
NRS 403.435 Projects
in cooperation with federal agency. [Effective on the earlier of October 1,
2015, or the date on which the Director of the Department of Motor Vehicles
notifies the Governor and the Director of the Legislative Counsel Bureau that
sufficient resources are available to enable the Department to carry out the
provisions of chapter 472, Statutes of Nevada 2013, at page 2812.]
NRS 403.440 Procedure
for condemnation of property for new road.
NRS 403.450 Apportionment
of county general road fund to incorporated cities.
NRS 403.460 Payment
for work on roads and bridges if issuance of bonds not authorized by voters.
[Effective until the earlier of October 1, 2015, or the date on which the
Director of the Department of Motor Vehicles notifies the Governor and the
Director of the Legislative Counsel Bureau that sufficient resources are
available to enable the Department to carry out the provisions of chapter 472,
Statutes of Nevada 2013, at page 2812.]
NRS 403.460 Payment
for work on roads and bridges if issuance of bonds not authorized by voters.
[Effective on the earlier of October 1, 2015, or the date on which the Director
of the Department of Motor Vehicles notifies the Governor and the Director of
the Legislative Counsel Bureau that sufficient resources are available to
enable the Department to carry out the provisions of chapter 472, Statutes of
Nevada 2013, at page 2812.]
NRS 403.470 Expenditures
of money. [Effective until the earlier of October 1, 2015, or the date on which
the Director of the Department of Motor Vehicles notifies the Governor and the
Director of the Legislative Counsel Bureau that sufficient resources are
available to enable the Department to carry out the provisions of chapter 472,
Statutes of Nevada 2013, at page 2812.]
NRS 403.470 Expenditures
of money. [Effective on the earlier of October 1, 2015, or the date on which
the Director of the Department of Motor Vehicles notifies the Governor and the
Director of the Legislative Counsel Bureau that sufficient resources are available
to enable the Department to carry out the provisions of chapter 472, Statutes
of Nevada 2013, at page 2812.]
NRS 403.480 Specifications;
order of construction.
NRS 403.490 Expenditure
of $100,000 or more: Procedures; advertising for bids; alternative procedures
for expenditure of less than $250,000 in county whose population is less than
45,000.
NRS 403.520 Inspection
of work; failure to comply with contract or defect in material or machinery.
NRS 403.530 Partial
payments.
NRS 403.540 Limitations
on amount of contract.
NRS 403.550 Claim
for work on county roads and bridges: Procedure; duties of county auditor and county
treasurer. [Effective until the earlier of October 1, 2015, or the date on
which the Director of the Department of Motor Vehicles notifies the Governor
and the Director of the Legislative Counsel Bureau that sufficient resources
are available to enable the Department to carry out the provisions of chapter
472, Statutes of Nevada 2013, at page 2812.]
NRS 403.550 Claim
for work on county roads and bridges: Procedure; duties of county auditor and
county treasurer. [Effective on the earlier of October 1, 2015, or the date on
which the Director of the Department of Motor Vehicles notifies the Governor
and the Director of the Legislative Counsel Bureau that sufficient resources
are available to enable the Department to carry out the provisions of chapter
472, Statutes of Nevada 2013, at page 2812.]
NRS 403.560 Erection
of guideboard on county road; penalty for destruction or defacement.
NRS 403.565 Erection
of sign on minor county road; inspection and maintenance.
NRS 403.570 Supervision
of construction of county highway and expenditure of money by Director of
Department of Transportation; repair, removal of snow and clearance of county
road.
COMPLETE STREETS PROGRAM
NRS 403.571 “Regional
transportation commission” defined. [Effective on the earlier of October 1,
2015, or the date on which the Director of the Department of Motor Vehicles
notifies the Governor and the Director of the Legislative Counsel Bureau that
sufficient resources are available to enable the Department to carry out the
provisions of chapter 472, Statutes of Nevada 2013, at page 2812.]
NRS 403.573 Complete
Streets Fund: Creation and administration by board of county commissioners;
purposes. [Effective on the earlier of October 1, 2015, or the date on which
the Director of the Department of Motor Vehicles notifies the Governor and the
Director of the Legislative Counsel Bureau that sufficient resources are
available to enable the Department to carry out the provisions of chapter 472,
Statutes of Nevada 2013, at page 2812.]
NRS 403.575 Complete
Streets Program: Adoption by board of county highway commissioners; definition.
[Effective on the earlier of October 1, 2015, or the date on which the Director
of the Department of Motor Vehicles notifies the Governor and the Director of the
Legislative Counsel Bureau that sufficient resources are available to enable
the Department to carry out the provisions of chapter 472, Statutes of Nevada
2013, at page 2812.]
COUNTY BRIDGES
NRS 403.580 Construction,
maintenance or repair.
NRS 403.590 Payment
from general fund or levy of special tax for construction, maintenance or
repair of county bridge. [Effective until the earlier of October 1, 2015, or
the date on which the Director of the Department of Motor Vehicles notifies the
Governor and the Director of the Legislative Counsel Bureau that sufficient
resources are available to enable the Department to carry out the provisions of
chapter 472, Statutes of Nevada 2013, at page 2812.]
NRS 403.590 Payment
from general fund or levy of special tax for construction, maintenance or
repair of county bridge. [Effective on the earlier of October 1, 2015, or the
date on which the Director of the Department of Motor Vehicles notifies the
Governor and the Director of the Legislative Counsel Bureau that sufficient
resources are available to enable the Department to carry out the provisions of
chapter 472, Statutes of Nevada 2013, at page 2812.]
NRS 403.600 Order
or petition for construction or repair.
NRS 403.610 Expenditures
for construction or repair of $100 or more: Petition; procedure.
_________
GENERAL PROVISIONS
NRS 403.005 Inapplicability of chapter. The
provisions of this chapter do not apply to a county whose population is 100,000
or more.
(Added to NRS by 1995, 852)
BOARD OF COUNTY HIGHWAY COMMISSIONERS
NRS 403.010 Creation. A board
of county highway commissioners is hereby created in each of the several
counties of the State of Nevada.
[1: Art. 1:257:1913; 1919 RL p. 2898; NCL § 5356]
NRS 403.020 Members; terms.
1. The board of county highway
commissioners of each of the several counties shall be composed of the
regularly elected and qualified county commissioners.
2. Members shall hold office until their
successors are duly elected or appointed, and qualified.
[Part 2: Art. 1:257:1913; 1919 RL p. 2898; NCL §
5357]—(NRS A 1960, 93, 368; 1975, 461)
NRS 403.030 Oaths. Before
entering upon the duties of office, each member of the board of county highway
commissioners shall take and subscribe to the constitutional oath of office for
the faithful performance of his or her duties as a member of the board.
[Part 2: Art. 1:257:1913; 1919 RL p. 2898; NCL §
5357]
NRS 403.040 Meetings; quorum; affirmative vote of majority of members required
to take action.
1. The board of county highway
commissioners must hold regular meetings monthly on or about the first day of
each month.
2. Special meetings may be called by the
chair, but no bills may be allowed at special meetings. Every member must be
notified of special meetings in ample time to attend.
3. In counties having three county
commissioners, two members constitute a quorum, but an affirmative vote of a
majority of all the members is required at all times for the passing of any motion.
In counties having five county commissioners, three members constitute a
quorum, but an affirmative vote of a majority of all the members is required at
all times for the passing of any motion.
[Part 2: Art. 1:257:1913; 1919 RL p. 2898; NCL §
5357]—(NRS A 1960, 368; 2001, 1128)
NRS 403.050 Rules and regulations. The
board of county highway commissioners is empowered to make rules and
regulations for governing itself for the enforcement of the provisions of this
chapter.
[Part 3: Art. 1:257:1913; 1919 RL p. 2898; NCL §
5358]
NRS 403.060 Compensation of members.
1. If, at a primary, general or special
election, a majority of the voters of the county approve the issuance of bonds
for roads and bridges, each of the members of the board, except the clerk of
the board, shall receive in addition to the member’s regular salary $10 per
month.
2. The salaries must be paid out of the
county treasury in the manner provided for the payment of county officials.
[Part 3: Art. 3:257:1913; 1919 RL p. 2903; NCL §
5374]—(NRS A 1993,
1076)
NRS 403.070 Chair: Election; duties.
1. The board of county highway
commissioners shall elect one of its members as chair.
2. The chair shall perform the duties
usually incumbent upon that office, and such other duties as may be prescribed
in this chapter.
[Part 3: Art. 1:257:1913; 1919 RL p. 2898; NCL §
5358]
NRS 403.080 Clerk: Election; salary; duties.
1. The board shall elect a clerk from
among its members.
2. If, at a primary, general or special
election, a majority of the voters of the county approve the issuance of bonds
for roads and bridges, the clerk shall receive in addition to his or her
regular salary $25 per month. The salary must be paid out of the county
treasury in the manner provided for the payment of county officials.
3. The clerk shall:
(a) Keep a full and complete record of all the
proceedings of the board and an accurate account of all expenditures of money.
The account must show the purposes for which, and the persons to whom, the
expenditures were ordered expended.
(b) Immediately after each meeting of the board,
or as soon thereafter as may be practical, cause to be printed in a newspaper or
newspapers of general circulation in the county, to be designated by the board,
all the records and accounts of the board.
(c) On or about January 1 and July 1 of each
year, cause to be published a general statement of all expenditures made by the
board.
(d) Keep the clerk’s records and accounts in
suitable books provided by the county. The records and accounts must be open to
inspection by any qualified elector.
(e) Keep an inventory of all machinery,
implements and other property purchased for road and bridge work, and shall
exercise general care and supervision of the machinery, implements and other
property.
(f) Perform such other duties as may be
prescribed by this chapter or by the board of county highway commissioners.
[Part 3: Art. 1:257:1913; 1919 RL p. 2898; NCL §
5358] + [Part 3:Art. 3:257:1913; 1919 RL p. 2903; NCL § 5374]—(NRS A 1993, 1077)
NRS 403.085 Determination by board that emergency exists to hold special
election for issuance of bonds for county roads and bridges; action to
challenge determination.
1. For the purpose of approving the
issuance of bonds for county roads and bridges, a special election may be held
only if the board of county highway commissioners determines, by a unanimous
vote, that an emergency exists.
2. The determination made by the board is
conclusive unless it is shown that the board acted with fraud or a gross abuse
of discretion. An action to challenge the determination made by the board must
be commenced within 15 days after the board’s determination is final.
3. As used in this section, “emergency”
means any unexpected occurrence or combination of occurrences which requires
immediate action by the board to prevent or mitigate a substantial financial
loss to the county or to enable the board to provide an essential service to
the residents of the county.
(Added to NRS by 1993, 1076)
NRS 403.090 General powers of board over public highways, roads and bridges. The board of county highway commissioners
shall have exclusive control of all matters pertaining to the construction,
repairing and maintaining of public highways, roads and bridges within its
county.
[Part 3: Art. 1:257:1913; 1919 RL p. 2898; NCL §
5358]
COUNTY ROAD SUPERVISORS AND BOARDS OF ROAD COMMISSIONERS
NRS 403.110 County road supervisor: Appointment; term of office. The board of county highway commissioners may,
at its option, appoint a county road supervisor who shall hold office during
the pleasure of the board.
[Part 1: Art. 3:257:1913; A 1915, 362; 1929, 362; NCL
§ 5372]
NRS 403.120 County road supervisor: Oath and bond. The
county road supervisor shall:
1. Take and subscribe to the
constitutional oath of office.
2. Enter into a bond with at least two
sureties in the penal sum of $2,500, payable to the county and conditioned for
the faithful performance of the county road supervisor’s duties. The bond shall
be approved by the board of county commissioners and filed with the county
clerk.
[Part 1: Art. 3:257:1913; A 1915, 362; 1929, 362; NCL
§ 5372]
NRS 403.130 County road supervisor: Salary; travel.
1. The board of county highway
commissioners shall fix the salary of the county road supervisor.
2. The board of county highway
commissioners may allow the actual traveling expenses of the county road
supervisor, and may provide a means of conveyance for the county road
supervisor when traveling in the actual performance of his or her duties.
3. The salary and expenses shall be paid
from the county treasury in the manner provided for payment of county officers.
[Part 1:Art. 3:257:1913; A 1915, 362; 1929, 362; NCL
§ 5372]—(NRS A 1960, 59)
NRS 403.140 County road supervisor: Duties.
1. Under the direction of the board of
county highway commissioners, the county road supervisor shall:
(a) Take charge of all county roads.
(b) Supervise and direct the building, repairing
and maintaining of all county roads.
(c) Lay out roads on the best grades and
alignments possible.
(d) Repair, plan and supervise and furnish
estimates for the guidance of the board of county highway commissioners.
(e) Perform such other duties as the board of
county highway commissioners may direct and as are required by this chapter.
2. The county road supervisor shall view
every county road within the county at least once each year.
[Part 1:Art. 3:257:1913; A 1915, 362; 1929, 362; NCL
§ 5372] + [9:Art. 5:257:1913; 1919 RL p. 2905; NCL § 5387]
NRS 403.151 County road supervisor: Prohibited acts; penalties.
1. A county road supervisor shall not:
(a) Directly or indirectly represent or act for
any manufacturing concern, corporation or natural person selling or handling
machinery, implements or material which may be used in road work. No machinery,
implement or material used in road work, except items which cost less than $50
and are usually kept in stock and sold at usual prices, may be purchased from
any manufactory, store or concern in which the county road supervisor is
interested directly or indirectly.
(b) Receive any gift or reward for recommending,
suggesting or influencing the expenditure of money for any such machinery,
implement or material.
2. A contract made in violation of this
section is void.
3. A county road supervisor who violates
this section must be removed from office, forfeits his or her bond and shall be
punished:
(a) Where paragraph (b) of subsection 1 is
violated, for a category D felony as provided in NRS 193.130.
(b) Where paragraph (a) of subsection 1 is
violated, for a gross misdemeanor.
(Added to NRS by 1977, 1113; A 1979, 1468; 1995, 1272)
NRS 403.160 Board of road commissioners: Creation; oaths and terms of
members; duties. [Effective until the earlier of October 1, 2015, or the date
on which the Director of the Department of Motor Vehicles notifies the Governor
and the Director of the Legislative Counsel Bureau that sufficient resources
are available to enable the Department to carry out the provisions of chapter
472, Statutes of Nevada 2013, at page 2812.]
1. If the board of county highway
commissioners shall decide not to appoint a county road supervisor for the
county, the board may, at its option, create a board of road commissioners for
each district. The board of road commissioners shall consist of one to three
members.
2. The boundaries of the districts may be
fixed by the board of county highway commissioners, and road commissioners may
be elected in the same manner as in the case of township officers.
3. Road commissioners shall hold office
until their successors are duly elected or appointed, and qualified, and shall
take and subscribe to the constitutional oath of office before entering upon
their duties.
4. A board of road commissioners shall:
(a) Exercise the duties of the county road
supervisor.
(b) Have supervision over all road work within
its district, and may appoint whomever the board may choose to do the work.
5. All vouchers shall be signed by at
least a majority of the road commissioners and allowed as in the usual course
of claims against the county, but no board of road commissioners shall contract
for any amount of work in excess of the funds set aside for such district by
the board of county commissioners unless in case of an emergency when, by order
of the board of county commissioners, a larger amount may be expended.
6. The board of county commissioners shall
set aside for each road district the sums of money apportioned for each road
district at the first meeting of the board in January, or as soon thereafter as
possible.
[Part 1: Art. 3:257:1913; A 1915, 362; 1929, 362; NCL
§ 5372]
NRS 403.160 Board of road
commissioners: Creation; oaths and terms of members; duties. [Effective on the
earlier of October 1, 2015, or the date on which the Director of the Department
of Motor Vehicles notifies the Governor and the Director of the Legislative
Counsel Bureau that sufficient resources are available to enable the Department
to carry out the provisions of chapter 472, Statutes of Nevada 2013, at page
2812.]
1. If the board of county highway
commissioners shall decide not to appoint a county road supervisor for the
county, the board may, at its option, create a board of road commissioners for
each district. The board of road commissioners shall consist of one to three
members.
2. The boundaries of the districts may be
fixed by the board of county highway commissioners, and road commissioners may
be elected in the same manner as in the case of township officers.
3. Road commissioners shall hold office
until their successors are duly elected or appointed, and qualified, and shall
take and subscribe to the constitutional oath of office before entering upon
their duties.
4. A board of road commissioners shall:
(a) Exercise the duties of the county road
supervisor.
(b) Have supervision over all road work within
its district, and may appoint whomever the board may choose to do the work.
5. All vouchers shall be signed by at
least a majority of the road commissioners and allowed as in the usual course
of claims against the county, but, except as otherwise provided in NRS 403.575, no board of road commissioners shall
contract for any amount of work in excess of the funds set aside for such
district by the board of county commissioners unless in case of an emergency
when, by order of the board of county commissioners, a larger amount may be
expended.
6. The board of county commissioners shall
set aside for each road district the sums of money apportioned for each road
district at the first meeting of the board in January, or as soon thereafter as
possible.
[Part 1: Art. 3:257:1913; A 1915, 362; 1929, 362; NCL
§ 5372]—(NRS A 2013, 2819,
effective on the earlier of October 1, 2015, or the date on which the Director
of the Department of Motor Vehicles notifies the Governor and the Director of
the Legislative Counsel Bureau that sufficient resources are available to
enable the Department to carry out the provisions of chapter 472, Statutes of
Nevada 2013, at page 2812)
CLASSIFICATION OF COUNTY ROADS
NRS 403.170 Designation of main, general and minor county roads; immunity of
State and county from liability resulting from use of minor county roads;
reclassification and abandonment of roads; hearing.
1. The board of county highway
commissioners of each of the several counties of the State of Nevada shall:
(a) Lay out and designate which of the roads,
generally termed public highways, are the most important to the people of the
whole county and over which there is the greatest amount of general public
travel and shall designate these roads as main county roads.
(b) Lay out and designate other roads of the
county over which there is general public travel, and which are generally
termed county roads, and shall designate these roads as general county roads.
(c) Lay out and designate other roads which are
neither main nor general county roads but have been established by usage, or
were constructed for use by the public, and shall designate these roads as
minor county roads. This section does not require any maintenance for minor
county roads. The State and the county are immune from liability for damages
suffered by a person as a result of using any road designated as a minor county
road.
2. The board of county highway
commissioners may, from time to time, reclassify the roads and may lay out new
roads of any class, or the board may change or abandon any roads termed as
public highways.
3. The designation of a new road as a main
county road, as a general county road or as a minor county road, or the
reclassification of any road, or the abandonment of any road does not become
effective until after a public hearing is held at which parties in interest and
citizens have an opportunity to be heard. At least 10 days’ notice of the time
and place of the hearing must be published in a newspaper of general
circulation in the county.
[1: Art. 4:257:1913; 1919 RL p. 2903; NCL §
5375]—(NRS A 1979,
1173; 1993,
1399)
NRS 403.180 Standard county roads: Designation; maintenance. [Effective
until the earlier of October 1, 2015, or the date on which the Director of the
Department of Motor Vehicles notifies the Governor and the Director of the
Legislative Counsel Bureau that sufficient resources are available to enable
the Department to carry out the provisions of chapter 472, Statutes of Nevada
2013, at page 2812.]
1. When any roads shall have been rebuilt
or constructed and made to meet with such specifications as may be outlined by
the board of county highway commissioners, which shall include grading,
draining, macadamizing or graveling, and shall have been declared by the board
of county highway commissioners to be standard county roads, then they shall be
termed and designated as standard county roads.
2. When the board of county highway
commissioners shall have declared and designated any road to be a standard county
road, then the cost of maintaining such road shall be paid out of the county
general fund in the same manner as provided in NRS
403.460.
[2: Art. 4:257:1913; 1919 RL p. 2903; NCL § 5376]
NRS 403.180 Standard county roads:
Designation; maintenance. [Effective on the earlier of October 1, 2015, or the
date on which the Director of the Department of Motor Vehicles notifies the
Governor and the Director of the Legislative Counsel Bureau that sufficient
resources are available to enable the Department to carry out the provisions of
chapter 472, Statutes of Nevada 2013, at page 2812.]
1. When any roads shall have been rebuilt
or constructed and made to meet with such specifications as may be outlined by
the board of county highway commissioners, which shall include grading,
draining, macadamizing, graveling or retrofitting pursuant to NRS 403.575, and shall have been declared by the board
of county highway commissioners to be standard county roads, then they shall be
termed and designated as standard county roads.
2. When the board of county highway
commissioners shall have declared and designated any road to be a standard
county road, then, except as otherwise provided in NRS
403.575, the cost of maintaining such road shall be paid out of the county
general fund in the same manner as provided in NRS
403.460.
[2: Art. 4:257:1913; 1919 RL p. 2903; NCL §
5376]—(NRS A 2013,
2820, effective on the earlier of October 1, 2015, or the date on which the
Director of the Department of Motor Vehicles notifies the Governor and the
Director of the Legislative Counsel Bureau that sufficient resources are
available to enable the Department to carry out the provisions of chapter 472, Statutes of
Nevada 2013, at page 2812)
NRS 403.190 Map of county roads filed by board of county highway
commissioners; effect of filing of map that includes an R.S. 2477 road;
authority of user to file map of minor county road; fees.
1. Except as otherwise provided in
subsection 4, upon laying out and designating the county roads as required in NRS 403.170, the board of county highway commissioners
shall cause a map of the county to be made, showing the county roads and their
designations. The board shall file one copy of the map with the clerk of the
board of county highway commissioners, one copy with the Department of
Transportation, one copy with the county clerk and one copy with the county
recorder.
2. If the map required pursuant to
subsection 1 includes a county road located on a right-of-way that the board of
county highway commissioners has located, determined the width of and opened
for public use pursuant to subsection 2 of NRS
405.191:
(a) The filing of copies of the map pursuant to
subsection 1 constitutes the establishment of the existence and location of a
right-of-way that is open for public use; and
(b) Acceptance of the map by the Department of
Transportation constitutes acknowledgment by the Department of the
establishment of the existence and location of a right-of-way that is open for
public use.
3. When any road has been designated by
the board of county highway commissioners as a standard county road, as
provided in NRS 403.180, that designation must be
made on the copies of the map on file with the clerk of the board of county
highway commissioners, the county clerk, the Department of Transportation and
the county recorder.
4. The board of county highway
commissioners need not include a minor county road upon the map required by
subsection 1. Any person who uses a minor county road may file with the county
recorder a map showing the location of the road, appropriately emphasized in
black ink upon the map by the person filing it. The map must:
(a) Be a topographical map prepared by the United
States Geological Survey, unless the board of county highway commissioners
determines that other specific maps are acceptable.
(b) Have written on its face, in black ink, the
townships, ranges and sections through which the road traverses.
Ê The map so
filed is evidence of the existence and location of the road. Each person filing
such a map shall pay to the county recorder a fee of $17 for the first sheet of
the map plus $10 for each additional sheet.
[3: Art. 4:257:1913; 1919 RL p. 2903; NCL §
5377]—(NRS A 1979,
1174; 1993,
1400; 2001,
3220; 2011,
299)
NRS 403.200 Priority of construction and improvement.
1. The roads designated by the board of
county highway commissioners as main county roads shall be the first to be
constructed or improved and made to meet the requirements and specifications of
standard county roads; but no road or roads shall receive the attention of the
board of county highway commissioners or the county road supervisor to the
exclusion of the other county roads.
2. It is the intention and purpose of this
chapter to improve all of the county roads in the proportion of their public
travel and their degree of importance to the people of the whole county, and
the board of county highway commissioners will be so guided in its operations.
[4: Art. 4:257:1913; 1919 RL p. 2904; NCL § 5378]
BONDS
NRS 403.210 Creation of county road and bridge fund; issuance of bonds. For the purpose of creating a fund in each of
the several counties of the State of Nevada, to be known as the county road and
bridge fund, and to be used in the construction, repairing and maintaining of
county roads and bridges, and the purchasing of machinery and implements
necessary in such work, the boards of county commissioners of the several
counties, each acting in and for its respective county, shall, within 90 days
after the people of the county have authorized the issuance of such bonds,
prepare and issue bonds as general obligations of the county in an amount not
to exceed the equivalent of 3 percent of the total taxable value of the real
and personal property of the county, as shown by the last report of the county
assessor, exclusive of interest.
[Part 1: Art. 2:257:1913; 1919 RL p. 2899; NCL §
5359]—(NRS A 1981,
962)
CONSTRUCTION AND IMPROVEMENT OF COUNTY ROADS
NRS 403.410 Public highways.
1. All public roads and the streets and
alleys in incorporated cities and towns in this state, used or lawfully
entitled to be used as such on March 9, 1866, and all such roads, streets and
alleys as the board of county commissioners of the county in which they are
situated shall thereafter lawfully cause to be opened, are declared to be
public highways.
2. Nothing in this section shall be deemed
or construed to injure or abridge the rights of any toll road; but all roads
shall be entitled to all the protection and benefits arising from this section.
[1:111:1866; A 1867, 72; B § 3931; BH § 440; C § 447;
RL § 3004; NCL § 5392]
NRS 403.430 Procedure for opening, changing or vacating public road.
1. If 24 freeholders of any county shall
petition the board of county commissioners for the location, opening to public
use, re-establishment, change or vacation of any road or highway to connect
with any highway heretofore established, or any street or alley in any
unincorporated town in such county, setting forth in the petition the
beginning, course and termination of such road, highway, street or alley
proposed to be located, opened to public use, re-established, changed or
vacated, together with the names of the owners or occupants of the land through
which the same may pass, the county clerk shall lay such petition before the
board of county commissioners at its next session thereafter.
2. Within 20 days thereafter, the board of
county commissioners may proceed to locate, open to public use, re-establish,
change or vacate such road, highway, street or alley.
3. The width of all public highways laid
out or opened under the provisions of this section shall be regulated and
established by the board of county commissioners.
[Part 5:111:1866; A 1887, 56; 1895, 75; 1917, 55;
1951, 119; 1953, 161]—(NRS A 1963, 74, 1170)
NRS 403.435 Projects in cooperation with federal agency. [Effective until
the earlier of October 1, 2015, or the date on which the Director of the
Department of Motor Vehicles notifies the Governor and the Director of the
Legislative Counsel Bureau that sufficient resources are available to enable
the Department to carry out the provisions of chapter 472, Statutes of Nevada
2013, at page 2812.] The board of
county commissioners of any county is hereby authorized to enter into
agreements with the appropriate federal agency for the use of federal funds to
construct, improve or maintain roads, other than state highways. The share of
any county in the cost of such cooperative road project shall be paid from
county road funds; but donations may be accepted in lieu of appropriations from
county road funds.
(Added to NRS by 1965, 611)
NRS 403.435 Projects in cooperation
with federal agency. [Effective on the earlier of October 1, 2015, or the date
on which the Director of the Department of Motor Vehicles notifies the Governor
and the Director of the Legislative Counsel Bureau that sufficient resources
are available to enable the Department to carry out the provisions of chapter
472, Statutes of Nevada 2013, at page 2812.] The
board of county commissioners of any county is hereby authorized to enter into
agreements with the appropriate federal agency for the use of federal funds to
construct, improve or maintain roads, other than state highways. The share of
any county in the cost of such cooperative road project shall be paid:
1. For a project that is a part of a
Complete Streets Program pursuant to NRS 403.575,
from the Complete Streets Fund created pursuant to NRS
403.573; or
2. For any other project, from county road
funds; but donations may be accepted in lieu of appropriations from county road
funds.
(Added to NRS by 1965, 611; A 2013, 2820,
effective on the earlier of October 1, 2015, or the date on which the Director
of the Department of Motor Vehicles notifies the Governor and the Director of
the Legislative Counsel Bureau that sufficient resources are available to enable
the Department to carry out the provisions of chapter 472, Statutes of
Nevada 2013, at page 2812)
NRS 403.440 Procedure for condemnation of property for new road. Before opening any new road, street or alley
through any property, such property shall be condemned for public use as
follows:
1. The board of county commissioners shall
appoint two disinterested persons to view, lay out and locate such new road,
street or alley, and the two persons, in conjunction with two other persons
chosen by any owner or occupant or by the several owners or occupants of the
property to be traversed by such road, street or alley, shall ascertain the
damage done to any property so traversed, after deducting any advantage arising
from such road, street or alley to the owner or occupant of such property.
2. If such four persons cannot agree as to
damages, then they shall choose a fifth person, and the decision of a majority
of them shall govern and be reported to the board of county commissioners.
3. If the owner or owners or occupants of
any property so condemned shall not acquiesce in the amount of damages so
reported, an examination may be had before the board of county commissioners.
Witnesses may be examined. The decision of the board of county commissioners
shall be final unless such owner or owners or occupants appeal from the
decision of the board of county commissioners within 30 days after the decision
to the district court. An appeal shall be taken in the same manner as an appeal
is taken from a Justice Court to the district court.
4. Upon finally determining the damages,
the board of county commissioners shall provide for the payment of such
damages, either by the person interested in the road, street or alley, or by
paying for the same out of the county treasury as other claims are paid. After
such payment is made the board of county commissioners shall then cause the
road, street or alley to be opened.
[Part 5:111:1866; A 1887, 56; 1895, 75; 1917, 55;
1951, 119; 1953, 161]
NRS 403.450 Apportionment of county general road fund to incorporated
cities.
1. To provide funds for paying the
expenses of road work, the several boards of county commissioners shall, from
time to time upon the request of the city council, apportion to each
incorporated city within the respective counties such proportion of the general
road fund of the county as the value of the whole property within the corporate
limits of such city or cities, as shown by the last assessment roll, shall bear
to the whole property in the county, inclusive of property within the
incorporated cities.
2. The apportionment of moneys to cities
as provided in subsection 1 shall not exceed an amount greater than 10 percent
of the total amount levied and collected for general road purposes within the
county, exclusive of funds for the payment of the principal and interest of
bonds for road and street purposes.
3. All such moneys so apportioned shall be
expended upon the streets, alleys and public highways of such city or cities
under the direction and control of the city council.
[3:111:1866; A 1921, 365; 1925, 241; 1937, 125; 1931
NCL § 5394]
NRS 403.460 Payment for work on roads and bridges if issuance of bonds not
authorized by voters. [Effective until the earlier of October 1, 2015, or the
date on which the Director of the Department of Motor Vehicles notifies the
Governor and the Director of the Legislative Counsel Bureau that sufficient
resources are available to enable the Department to carry out the provisions of
chapter 472, Statutes of Nevada 2013, at page 2812.]
1. If, at a primary, general or special
election, a majority of the voters of the county vote against the issuance of
the bonds for roads and bridges, and no special county road and bridge fund is
thereby created, or if for any other reason the fund is not created, the cost
of all county road and bridge work performed must be paid out of the county
general fund by order of the board, if that work was performed by the order of
and under the direction of the board of county highway commissioners or the
county road supervisor, and according to the provisions of this chapter.
2. All claims presented to the board of
county highway commissioners must be sworn and subscribed to and attested by
the county road supervisor.
[2: Art. 3:257:1913; 1919 RL p. 2903; NCL § 5373]—(NRS
A 1993, 1077)
NRS 403.460 Payment for work on roads
and bridges if issuance of bonds not authorized by voters. [Effective on the
earlier of October 1, 2015, or the date on which the Director of the Department
of Motor Vehicles notifies the Governor and the Director of the Legislative
Counsel Bureau that sufficient resources are available to enable the Department
to carry out the provisions of chapter 472, Statutes of Nevada 2013, at page
2812.]
1. If, at a primary, general or special
election, a majority of the voters of the county vote against the issuance of
the bonds for roads and bridges, and no special county road and bridge fund is
thereby created, or if for any other reason the fund is not created, except as
otherwise provided in NRS 403.575, the cost of all
county road and bridge work performed must be paid out of the county general
fund by order of the board, if that work was performed by the order of and
under the direction of the board of county highway commissioners or the county
road supervisor, and according to the provisions of this chapter.
2. All claims presented to the board of
county highway commissioners must be sworn and subscribed to and attested by
the county road supervisor.
[2: Art. 3:257:1913; 1919 RL p. 2903; NCL §
5373]—(NRS A 1993,
1077; 2013,
2820, effective on the earlier of October 1, 2015, or the date on which the
Director of the Department of Motor Vehicles notifies the Governor and the
Director of the Legislative Counsel Bureau that sufficient resources are
available to enable the Department to carry out the provisions of chapter 472, Statutes of
Nevada 2013, at page 2812)
NRS 403.470 Expenditures of money. [Effective until the earlier of October
1, 2015, or the date on which the Director of the Department of Motor Vehicles
notifies the Governor and the Director of the Legislative Counsel Bureau that
sufficient resources are available to enable the Department to carry out the
provisions of chapter 472, Statutes of Nevada 2013, at page 2812.] All money appropriated or expended by the
board of county highway commissioners, whether it be appropriated or expended
out of the county road and bridge fund which may be created by this chapter, or
out of the county general fund as provided in NRS
403.460, must be expended by the board of county highway commissioners for
the purposes hereinafter named and for no other purposes:
1. For laying out, grading, draining,
graveling or macadamizing, maintaining, and, when deemed necessary, sprinkling
or oiling roads.
2. The purchase of road machinery
necessary for the construction of such roads, and the maintenance of the same.
3. The purchase of property necessary in
road construction.
4. The purchase of material and machinery
for the construction of all superstructures necessary to the perfect drainage
of a highway, and for all work performed by order of and under the direction of
the board of county highway commissioners.
[1: Art. 5:257:1913; 1919 RL p. 2904; NCL § 5379]
NRS 403.470 Expenditures of money.
[Effective on the earlier of October 1, 2015, or the date on which the Director
of the Department of Motor Vehicles notifies the Governor and the Director of
the Legislative Counsel Bureau that sufficient resources are available to
enable the Department to carry out the provisions of chapter 472, Statutes of
Nevada 2013, at page 2812.] All
money appropriated or expended by the board of county highway commissioners,
whether it be appropriated or expended out of the county road and bridge fund
which may be created by this chapter, the Complete Streets Fund created
pursuant to NRS 403.573, or out of the county
general fund as provided in NRS 403.460, must be
expended by the board of county highway commissioners for the purposes hereinafter
named and for no other purposes:
1. For laying out, grading, draining,
graveling or macadamizing, maintaining, and, when deemed necessary, sprinkling
or oiling roads.
2. The purchase of road machinery
necessary for the construction of such roads, and the maintenance of the same.
3. The purchase of property necessary in
road construction.
4. The purchase of material and machinery
for the construction of all superstructures necessary to the perfect drainage
of a highway, and for all work performed by order of and under the direction of
the board of county highway commissioners.
5. The execution of a project that is a
part of a Complete Streets Program pursuant to NRS
403.575.
[1: Art. 5:257:1913; 1919 RL p. 2904; NCL §
5379]—(NRS A 2013,
2820, effective on the earlier of October 1, 2015, or the date on which the
Director of the Department of Motor Vehicles notifies the Governor and the
Director of the Legislative Counsel Bureau that sufficient resources are
available to enable the Department to carry out the provisions of chapter 472, Statutes of
Nevada 2013, at page 2812)
NRS 403.480 Specifications; order of construction.
1. All superstructures shall consist of
masonry, concrete, glazed sewer pipe, iron or steel. No lumber or other
perishable material shall be used, except when absolutely necessary.
2. For the better guidance of road
construction and the expenditure of money for the same, the board of county
highway commissioners shall observe this order of construction as far as it is
possible so to do:
First. The laying out of a road on the most
practical grades and alignment.
Second. The grading and draining of such road.
Third. The construction of permanent
superstructures.
Fourth. The graveling or macadamizing of all such
roads.
Fifth. The maintaining of the same.
[2: Art. 5:257:1913; 1919 RL p. 2904; NCL § 5380]
NRS 403.490 Expenditure of $100,000 or more: Procedures; advertising for
bids; alternative procedures for expenditure of less than $250,000 in county
whose population is less than 45,000.
1. To perform any work or construct any
superstructure under this chapter wherein an expenditure of $100,000 or more
may be necessary, the board of county highway commissioners shall cause
definite plans of such work or superstructure to be made, estimates of the
amount of work to be done and the probable cost thereof, together with a copy
of the specifications thereof.
2. Except as otherwise provided in
subsection 3, upon receipt of the plans, estimates and specifications for a
project for which the estimated cost is $100,000 or more, the board of county
highway commissioners shall advertise for bids and let contracts in the manner
prescribed by chapter 332 or 338 of NRS, as applicable.
3. In a county whose population is less
than 45,000, if the estimated cost of a project is $100,000 or more but less
than $250,000, the board of county highway commissioners may hold a hearing to
determine, by majority vote of the board, if the project can be performed by
county employees or through the employment of day labor under the supervision of
the board and by the use of its own machinery, tools and other equipment
without advertising for bids and letting contracts pursuant to subsection 2.
Notice for such a hearing must be provided not less than 15 days before the
date of the hearing and must be published pursuant to the provisions of NRS 238.010 to 238.080, inclusive. The board shall
provide, in the notice and at least 15 days before the hearing at the office of
the board and at the place of the hearing, the following information, without
limitation:
(a) A list of:
(1) All county employees, if any,
including supervisors, who will perform the work, including, without
limitation, the classification of each employee and an estimate of the direct
and indirect costs of the labor;
(2) The number of day laborers, if any,
that will be employed to perform the work; and
(3) All machinery, tools and other
equipment of the county to be used on the project.
(b) An estimate of:
(1) The direct and indirect costs of the
labor of the county employees who will perform the work, if any;
(2) The direct and indirect costs of the
labor of any day laborers who will be employed to perform the work pursuant to chapter 338 of NRS;
(3) The cost of any administrative support
that will be required for the performance of the work;
(4) The total cost of the project, including,
without limitation, the fair market value or, if available, the actual cost of
all materials, supplies, equipment and labor necessary for the project; and
(5) The amount of savings to be realized
by having county employees or day laborers perform the work.
4. In cases of emergency the board of
county highway commissioners may let contracts for repairs in the manner
prescribed by chapter 332 of NRS.
5. Nothing in this section shall prevent
any county from opening, building, improving or repairing any public road or
highway in the county through the work of county employees or the employment of
day labor, under the supervision of the board of county highway commissioners
and by the use of its own machinery, tools and other equipment, without letting
contracts to the lowest responsible bidder, if the probable cost of the work
does not exceed $100,000.
[2:111:1866; A 1911, 357; 1913, 268; 1919 RL § 3005;
NCL § 5393] + [3:Art. 5:257:1913; 1919 RL p. 2904; NCL § 5381]—(NRS A 1963,
168; 1967, 1240; 2013, 1984)
NRS 403.520 Inspection of work; failure to comply with contract or defect in
material or machinery.
1. The county road supervisor shall have
power to inspect any work performed under the provisions of this chapter, and
advise as to the efficiency or quality of all material and machinery purchased
by the board of county highway commissioners or in any manner used for the
purposes of this chapter.
2. Any failure to comply with a contract,
or any defect in the character of material or machinery, shall be reported to
the board of county highway commissioners, and the board shall immediately
proceed to have remedied any such failure or defect.
3. The board of county highway
commissioners shall have power to deduct the value of such failure or defect
from the contract price agreed to be paid the contractor.
[6: Art. 5:257:1913; 1919 RL p. 2905; NCL § 5384]
NRS 403.530 Partial payments. The
board of county highway commissioners shall have power to make partial payments
upon all contracts let by virtue of this chapter, not to exceed 75 percent of
the work done, when the same shall be certified by the county road supervisor
as properly performed.
[7: Art. 5:257:1913; 1919 RL p. 2905; NCL § 5385]
NRS 403.540 Limitations on amount of contract. No
contract shall be let in conformity with this chapter exceeding the amount of
money in the county road and bridge fund; or, when the cost of work is to be
paid out of the county general fund as provided in NRS
403.460, no contract shall be let exceeding in amount the money in the
county general fund.
[8: Art. 5:257:1913; 1919 RL p. 2905; NCL § 5386]
NRS 403.550 Claim for work on county roads and bridges: Procedure; duties of
county auditor and county treasurer. [Effective until the earlier of October 1,
2015, or the date on which the Director of the Department of Motor Vehicles
notifies the Governor and the Director of the Legislative Counsel Bureau that
sufficient resources are available to enable the Department to carry out the
provisions of chapter 472, Statutes of Nevada 2013, at page 2812.]
1. All claims against the county in
relation to the county roads and bridges shall be presented to the clerk of the
board of county highway commissioners on a prepared form at least 1 day before
the regular meeting of the board. There shall be printed on the form an oath
that the amount claimed is just and correct, which must be subscribed to by the
claimant. The claim shall also be certified by the county road supervisor.
2. Upon the approval of any claim by the
board of county highway commissioners, the county auditor is authorized and
required to draw a warrant for the amount named in the claim to the person or
persons named therein as claimants, in the usual manner provided by law.
Nothing in this subsection shall interfere with or prevent the county auditor
from exercising his or her veto power provided by law.
3. The county treasurer shall keep the
county road and bridge fund, provided for in this chapter, in a separate and
distinct fund. The county treasurer shall pay out of this fund all warrants
drawn on him or her by the county auditor for road purposes, but under no
condition shall the county treasurer pay out of this fund for other purposes.
[1:Art. 7:257:1913; 1919 RL p. 2906; NCL § 5389] + [2:Art.
7:257:1913; 1919 RL p. 2906; NCL § 5390] + [3:Art. 7:257:1913; 1919 RL p. 2906;
NCL § 5391]
NRS 403.550 Claim for work on county
roads and bridges: Procedure; duties of county auditor and county treasurer.
[Effective on the earlier of October 1, 2015, or the date on which the Director
of the Department of Motor Vehicles notifies the Governor and the Director of
the Legislative Counsel Bureau that sufficient resources are available to
enable the Department to carry out the provisions of chapter 472, Statutes of
Nevada 2013, at page 2812.]
1. All claims against the county in
relation to the county roads and bridges shall be presented to the clerk of the
board of county highway commissioners on a prepared form at least 1 day before
the regular meeting of the board. There shall be printed on the form an oath
that the amount claimed is just and correct, which must be subscribed to by the
claimant. The claim shall also be certified by the county road supervisor.
2. Upon the approval of any claim by the board
of county highway commissioners, the county auditor is authorized and required
to draw a warrant for the amount named in the claim to the person or persons
named therein as claimants, in the usual manner provided by law. Nothing in
this subsection shall interfere with or prevent the county auditor from
exercising his or her veto power provided by law.
3. The county treasurer shall keep the
county road and bridge fund, provided for in this chapter, in a separate and
distinct fund. Except as otherwise provided in NRS
403.573, the county treasurer shall pay out of this fund all warrants drawn
on him or her by the county auditor for road purposes, but under no condition
shall the county treasurer pay out of this fund for other purposes.
[1:Art. 7:257:1913; 1919 RL p. 2906; NCL § 5389] +
[2:Art. 7:257:1913; 1919 RL p. 2906; NCL § 5390] + [3:Art. 7:257:1913; 1919 RL
p. 2906; NCL § 5391]—(NRS A 2013, 2821,
effective on the earlier of October 1, 2015, or the date on which the Director
of the Department of Motor Vehicles notifies the Governor and the Director of
the Legislative Counsel Bureau that sufficient resources are available to
enable the Department to carry out the provisions of chapter 472, Statutes of
Nevada 2013, at page 2812)
NRS 403.560 Erection of guideboard on county road; penalty for destruction
or defacement.
1. The board of county commissioners of
each county shall cause to be put up, and to be kept up thereafter, at each
crossing or fork of any county road in the county, a guideboard, having thereon
an index or pointer and the words “To (naming the place or first point of any
importance on such road, and in remote desert and mountain areas to the nearest
water, and the number of miles, as near as may be, thereto) miles.” The
guideboards must be put up and so placed at all such points as to enable
travelers readily to understand therefrom the road they wish to travel in order
to arrive at the desired destination, or to find water.
2. Unless a greater penalty is provided in
NRS 202.287, a person who willfully
tears down, digs up, shoots or in any manner defaces, destroys or carries away
any such guideboard, road marker, highway sign or descriptive sign is guilty of
a misdemeanor.
[1:34:1879; A 1935, 30; 1931 NCL § 5442] +
[3:34:1879; A 1895, 40; 1935, 30; 1931 NCL § 5444]—(NRS A 1957, 517; 1989, 1241)
NRS 403.565 Erection of sign on minor county road; inspection and
maintenance.
1. The board of county highway
commissioners shall post signs on each road which it has designated a minor
county road, advising travelers on that road that the road receives only
minimum maintenance and that the traveler should proceed with caution.
2. The county road supervisor shall
inspect each sign at least once each year to ensure that it is in place and
legible. The county road supervisor shall make necessary repairs to each sign
or replace it when any person notifies the county road supervisor or he or she
otherwise becomes aware that a sign is missing or in need of repair.
(Added to NRS by 1979, 1173)
NRS 403.570 Supervision of construction of county highway and expenditure of
money by Director of Department of Transportation; repair, removal of snow and
clearance of county road.
1. When deemed advisable by the board of
county commissioners and upon the board’s request, the Director of the
Department of Transportation shall take charge of and supervise the
construction of any county highway and the expenditure of money thereon.
2. In case of great necessity or
emergency, certified as such by the board of county commissioners of the county
involved, the Director of the Department of Transportation may enter into
contracts with the board of county commissioners providing for the use of state
highway equipment and workers at the expense of the county involved for the
repair, snow removal and clearance of county roads.
[33:169:1917; A 1945, 80; 1943 NCL § 5354]—(NRS A 1979, 1799)
COMPLETE STREETS PROGRAM
NRS 403.571 “Regional transportation commission” defined. [Effective on the
earlier of October 1, 2015, or the date on which the Director of the Department
of Motor Vehicles notifies the Governor and the Director of the Legislative
Counsel Bureau that sufficient resources are available to enable the Department
to carry out the provisions of chapter 472, Statutes of Nevada 2013, at page
2812.] As used in this section and
NRS 403.573 and 403.575,
“regional transportation commission” has the meaning ascribed to it in NRS 482.1825.
(Added to NRS by 2013, 2819,
effective on the earlier of October 1, 2015, or the date on which the Director
of the Department of Motor Vehicles notifies the Governor and the Director of
the Legislative Counsel Bureau that sufficient resources are available to
enable the Department to carry out the provisions of chapter 472, Statutes of
Nevada 2013, at page 2812)
NRS 403.573 Complete Streets Fund: Creation and administration by board of
county commissioners; purposes. [Effective on the earlier of October 1, 2015,
or the date on which the Director of the Department of Motor Vehicles notifies
the Governor and the Director of the Legislative Counsel Bureau that sufficient
resources are available to enable the Department to carry out the provisions of
chapter 472, Statutes of Nevada 2013, at page 2812.]
1. The board of county commissioners shall
create in the county treasury a fund to be known as the Complete Streets Fund,
for the purpose of:
(a) Executing projects as a part of a Complete
Streets Program pursuant to NRS 403.575; and
(b) Matching federal money from any federal
source for the execution of projects as a part of a Complete Streets Program
pursuant to NRS 403.575.
2. The county treasurer shall deposit
money that is collected pursuant to paragraph (c) of subsection 1 of NRS 482.1825 in the Complete Streets
Fund.
3. The board of county highway
commissioners shall administer the Complete Streets Fund.
4. The board of county highway
commissioners may accept gifts and donations for deposit in the Complete
Streets Fund.
(Added to NRS by 2013, 2819,
effective on the earlier of October 1, 2015, or the date on which the Director
of the Department of Motor Vehicles notifies the Governor and the Director of
the Legislative Counsel Bureau that sufficient resources are available to
enable the Department to carry out the provisions of chapter 472, Statutes of
Nevada 2013, at page 2812)
NRS 403.575 Complete Streets Program: Adoption by board of county highway
commissioners; definition. [Effective on the earlier of October 1, 2015, or the
date on which the Director of the Department of Motor Vehicles notifies the
Governor and the Director of the Legislative Counsel Bureau that sufficient
resources are available to enable the Department to carry out the provisions of
chapter 472, Statutes of Nevada 2013, at page 2812.]
1. A board of county highway commissioners
may adopt a policy for a Complete Streets Program and may plan and carry out
projects as a part of a Complete Streets Program.
2. Any money received by a board of county
highway commissioners pursuant to paragraph (c) of subsection 1 of NRS 482.1825 must be used solely for the
execution of projects as a part of a Complete Streets Program.
3. As used in this section, “Complete
Streets Program” means a program for the retrofitting of roads that are under
the jurisdiction of the board of county highway commissioners for the primary
purpose of adding or significantly repairing facilities which provide road
access considering all users, including, without limitation, pedestrians,
bicycle riders, persons with a disability, persons who use public
transportation and motorists. The term includes the operation of a public
transit system as part of a Complete Streets Program, but the term does not
include the purchase of vehicles or other hardware for a public transit system.
(Added to NRS by 2013, 2819,
effective on the earlier of October 1, 2015, or the date on which the Director
of the Department of Motor Vehicles notifies the Governor and the Director of
the Legislative Counsel Bureau that sufficient resources are available to
enable the Department to carry out the provisions of chapter 472, Statutes of
Nevada 2013, at page 2812)
COUNTY BRIDGES
NRS 403.580 Construction, maintenance or repair. All
public bridges, not otherwise specially provided for, shall be maintained by
the road district in which they are situated, the districts which they unite,
and the county at large, in the same manner as highways, and under the
management and control of the board of county commissioners. The expense of
constructing, maintaining and repairing the same shall be payable primarily out
of the road fund of the district or districts in the hands of the county
treasurer.
[1:42:1877; BH § 466; C § 435; RL § 3017; NCL § 5405]
NRS 403.590 Payment from general fund or levy of special tax for
construction, maintenance or repair of county bridge. [Effective until the
earlier of October 1, 2015, or the date on which the Director of the Department
of Motor Vehicles notifies the Governor and the Director of the Legislative
Counsel Bureau that sufficient resources are available to enable the Department
to carry out the provisions of chapter 472, Statutes of Nevada 2013, at page
2812.] Whenever it appears to the
board of county commissioners that any road district is or would be
unreasonably burdened by the expense of constructing or maintenance and repair
of any bridge, the board may:
1. Cause all or a portion of the aggregate
cost or expense to be paid out of the county general fund, or a portion out of
that fund or out of any other county fund in which there is a surplus; or
2. Levy a tax therefor, not to exceed
one-fourth of 1 percent on the taxable property in the county, annually, until
the amount appropriated is raised and paid.
[2:42:1877; BH § 467; C § 436; RL § 3018; NCL §
5406]—(NRS A 1979,
795)
NRS 403.590 Payment from general fund
or levy of special tax for construction, maintenance or repair of county
bridge. [Effective on the earlier of October 1, 2015, or the date on which the
Director of the Department of Motor Vehicles notifies the Governor and the
Director of the Legislative Counsel Bureau that sufficient resources are
available to enable the Department to carry out the provisions of chapter 472,
Statutes of Nevada 2013, at page 2812.]
1. Whenever it appears to the board of
county commissioners that any road district is or would be unreasonably burdened
by the expense of constructing or maintenance and repair of any bridge, the
board may:
(a) Except as otherwise provided in subsection 2,
cause all or a portion of the aggregate cost or expense to be paid out of the
county general fund, or a portion out of that fund or out of any other county
fund in which there is a surplus; or
(b) Levy a tax therefor, not to exceed one-fourth
of 1 percent on the taxable property in the county, annually, until the amount
appropriated is raised and paid.
2. A board of county commissioners must
not cause or allow any portion of the Complete Streets Fund created pursuant to
NRS 403.573 to be used for a purpose other than
those set forth in NRS 403.575.
[2:42:1877; BH § 467; C § 436; RL § 3018; NCL §
5406]—(NRS A 1979,
795; 2013,
2821, effective on the earlier of October 1, 2015, or the date on which the
Director of the Department of Motor Vehicles notifies the Governor and the
Director of the Legislative Counsel Bureau that sufficient resources are
available to enable the Department to carry out the provisions of chapter 472, Statutes of
Nevada 2013, at page 2812)
NRS 403.600 Order or petition for construction or repair.
1. No bridge shall be constructed or
repaired except on the order of the board of county commissioners, or unless a
petition is filed as provided in NRS 403.610.
2. In entering into a contract for the
construction or repair of a bridge, the board of county commissioners shall
comply with NRS 403.610.
[3:42:1877; A 1911, 369; RL § 3019; NCL § 5407]—(NRS
A 1967, 1241; 2013, 1985)
NRS 403.610 Expenditures for construction or repair of $100 or more:
Petition; procedure.
1. When a bridge, the cost of which will
exceed $100, is necessary, any five or more freeholders of the road district
interested therein may petition the board of county commissioners for the
erection of such necessary bridge. The board of county commissioners must
advertise such application, giving the location and other facts, for 2 weeks in
a newspaper printed in the county if there is one; if none, then by posting a
notice at the proposed location, one at the courthouse and one at some other
public place in the county.
2. On the day fixed to hear the
application, proof of the notice having been given being satisfactorily made,
the board of county commissioners must hear the petition, examine witnesses,
and determine whether or not a bridge is necessary to be constructed or
repaired as petitioned for. If found necessary, the board of county commissioners
must determine the character of the bridge to be constructed or repairs to be
made, prepare plans and specifications, invite bids or otherwise let the
contract for the construction or repair of the same as provided in NRS 403.490.
[4:42:1877; BH § 469; C § 438; RL § 3020; NCL § 5408]
+ [5:42:1877; A 1911, 369; RL § 3021; NCL § 5409]
