Nrs: Chapter 403 - County Roads, Highways And Bridges

Link to law: https://www.leg.state.nv.us/NRS/NRS-403.html
Published: 2015

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[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]