reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 405 - Control and Preservation of Public Highways › NRS 405.010 - Limiting maximum load upon or closing road damaged by heavy loads; procedure; penalties.

1. Whenever, by reason of excessive moisture or a lack of moisture, a section of public road or highway under the supervision of a board of county highway commissioners or board of county commissioners is damaged by heavy loads, the board of county highway commissioners or board of county commissioners having supervision over the section of public road or highway may:
(a) Close the section of public road or highway to such extent and for such time as may be necessary.
(b) Fix the maximum load which may pass over the section of public road or highway.
2. Notices of the closing of any section of public road or highway or limiting of the maximum load which may pass over the section of public road or highway under the provisions of this section must be given by placing a notice at each end of the section of road or highway to be protected, after the board of county highway commissioners or board of county commissioners has passed a resolution to that effect, which resolution must appear upon the minutes of the board of county highway commissioners or board of county commissioners. The notice must state that the section of road is closed to traffic or state the maximum load which may be drawn or carried over the section of road or highway.
3. Unless a greater penalty is provided in NRS 202.287, a person who defaces, destroys, shoots or removes any sign or notice so erected or placed is guilty of a misdemeanor.
4. Any person who passes over a section of road so closed, or who carries over the section of road any load in excess of the weight stated in the resolution of the board of county highway commissioners or board of county commissioners and as stated in the notice, shall be punished by a fine of not more than $1,000, and is liable for any damage that may be done to any section of public road or highway as the result of the unlawful passage. If a fine is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the board.
[1:184:1925; A 1933, 118; 1931 NCL § 5439] + [2:184:1925; A 1933, 118; 1931 NCL § 5440]—(NRS A 1957, 518; 1967, 569; 1989, 1242; 1993, 897)
2023 Nevada Revised Statutes › Chapter 405 - Control and Preservation of Public Highways › NRS 405.020 - Billboard, sign or other outdoor advertising as public nuisance.

Any billboard, sign, placard, notice or other form of outdoor advertisement erected, placed, painted, posted or maintained otherwise than is provided in NRS 405.020 to 405.100, inclusive, or in NRS 408.275 shall be deemed a public nuisance and shall be removed, effaced or destroyed by the sheriff and other peace officers having authority wherever such nuisance may be located.
[1:90:1925; NCL § 260]—(NRS A 1969, 223)
2023 Nevada Revised Statutes › Chapter 405 - Control and Preservation of Public Highways › NRS 405.030 - Unlawful placement of certain outdoor advertisements; exceptions; restriction on use of revenue from certain lawfully placed advertisements.

1. Except as otherwise provided in subsection 3 and NRS 277A.310, and except within the limits of any city or town through which the highway may run, and on benches and shelters for passengers of public mass transportation built pursuant to a franchise granted pursuant to NRS 244.187 and 244.188, 268.081 and 268.083, 269.128 and 269.129, or 277A.330, or on monorail stations, it is unlawful for any person, firm or corporation to paste, paint, print or in any manner whatever place or attach to any building, fence, gate, bridge, rock, tree, board, structure or anything whatever, any written, printed, painted or other outdoor advertisement, bill, notice, sign, picture, card or poster:
(a) Within any right-of-way of any state highway or road which is owned or controlled by the Department of Transportation.
(b) Within 20 feet of the main-traveled way of any unimproved highway.
(c) On the property of another within view of any such highway, without the owner’s written consent.
2. Nothing in this section prevents the posting or maintaining of any notices required by law to be posted or maintained, or the placing or maintaining of highway signs giving directions and distances for the information of the traveling public if the signs are approved by the Department of Transportation.
3. A tenant of a mobile home park may exhibit a political sign within a right-of-way of a state highway or road which is owned or controlled by the Department of Transportation if the tenant exhibits the sign within the boundary of the tenant’s lot and in accordance with the requirements and limitations set forth in NRS 118B.145. As used in this subsection, the term "political sign" has the meaning ascribed to it in NRS 118B.145.
4. If a franchisee receives revenues from an advertisement, bill, notice, sign, picture, card or poster authorized by subsection 1 and the franchisee is obligated to repay a bond issued by the State of Nevada, the franchisee shall use all revenue generated by the advertisement, bill, notice, sign, picture, card or poster authorized by subsection 1 to meet its obligations to the State of Nevada as set forth in the financing agreement and bond indenture, including, without limitation, the payment of operations and maintenance obligations, the funding of reserves and the payment of debt service. To the extent that any surplus revenue remains after the payment of all such obligations, the surplus revenue must be used solely to repay the bond until the bond is repaid.
5. As used in this section, "monorail station" means:
(a) A structure for the loading and unloading of passengers from a monorail for which a franchise has been granted pursuant to NRS 705.695 or an agreement has been entered into pursuant to NRS 705.695; and
(b) Any facilities or appurtenances within such a structure.
[2:90:1925; NCL § 261]—(NRS A 1957, 306; 1979, 1799; 1989, 995; 1999, 2047; 2001, 846; 2003, 3247; 2005, 2321; 2009, 866)
2023 Nevada Revised Statutes › Chapter 405 - Control and Preservation of Public Highways › NRS 405.040 - Permit for erection or use of outdoor advertisement; fee; exceptions.

1. It shall be unlawful for any person, firm, association or corporation, personally or by agent, to erect, place or maintain any billboard, sign or any form of notice or advertising outside the city limits of any city or town:
(a) On the public domain;
(b) On land owned or leased by such advertiser or agent but not used as the site for manufacturing the goods or articles advertised; or
(c) On the lands of another except where, by painting, an area of the barns or other outbuildings thereon may be preserved (for the purposes of this paragraph "area" is defined as the entire wall or roof aspect on which an advertisement may be painted),
without first having secured from the county building official, if one has been appointed pursuant to NRS 278.570, or if not, from the county clerk of the county in which the sign may be located a permit to erect, or continue the use of, such sign, billboard or other form of notice or advertisement.
2. No permit for the erection of such sign, billboard or other form of advertisement shall be issued unless and until the applicant shall have paid a fee in the sum of $5. On the tender of the fee the county building official or county clerk shall issue the permit.
3. No fee shall be required for any billboard, sign or advertisement erected or placed by any farm bureau, chamber of commerce or lawful authority to advertise exclusively any city, town or geographic area, or public event.
4. This section shall not apply to the owner or occupant of any land outside the limits of any city, who may place or erect on the land or on the outbuildings thereon any sign or notice or advertisement intended to benefit the land or improvements thereon and advertise the business conducted in the buildings on the land.
[3:90:1925; NCL § 262]—(NRS A 1971, 316; 2001, 1250)
2023 Nevada Revised Statutes › Chapter 405 - Control and Preservation of Public Highways › NRS 405.050 - No permit to be granted if natural beauty of scenery destroyed or view of highway obstructed; removal of sign as traffic hazard.

1. No permit may be granted for the erection of any billboard, sign or other form of notice on any location which may measurably destroy the natural beauty of the scenery or obscure a view of the road ahead or of curves and grades or intersecting highways or railways.
2. If the Director of the Department of Transportation files a complaint with the board of county commissioners of any county showing that any sign erected is a hazard to traffic, the board of county commissioners shall order the removal of the sign.
[4:90:1925; NCL § 264]—(NRS A 1979, 1799)
2023 Nevada Revised Statutes › Chapter 405 - Control and Preservation of Public Highways › NRS 405.060 - Assignment of number for permit.

On granting a permit, the county building official or county clerk shall assign a permit number which shall be painted or printed, together with the name of the county in which the permit is issued, on every sign, billboard or other form of advertising, as the case may be, placed under NRS 405.020 to 405.100, inclusive.
[Part 5:90:1925; NCL § 265]—(NRS A 1971, 316; 2001, 1251)
2023 Nevada Revised Statutes › Chapter 405 - Control and Preservation of Public Highways › NRS 405.070 - Duration of permit; destruction of advertisement if permit not renewed.

1. The permit shall run to the end of the calendar year for which it is issued.
2. If the permit shall not be renewed, by application of the person or assignee of the person who applied originally for the permit to erect the sign, by February 1 of each year following, the board of county commissioners shall order the tearing down, removal or effacement of such sign or billboard, as the case may be.
[Part 5:90:1925; NCL § 265]
2023 Nevada Revised Statutes › Chapter 405 - Control and Preservation of Public Highways › NRS 405.080 - Apportionment of fees to road funds of county.

The money collected for the permits provided for in NRS 405.020 to 405.100, inclusive, shall be apportioned by the board of county commissioners to the road funds of the county.
[6:90:1925; NCL § 266]
2023 Nevada Revised Statutes › Chapter 405 - Control and Preservation of Public Highways › NRS 405.090 - Report of violation.

All patrol officers and maintenance and construction employees of the Department of Transportation shall report any violation of NRS 405.020 to 405.100, inclusive, to the board of county commissioners wherein any violation may occur.
[7:90:1925; NCL § 267]—(NRS A 1979, 1799)
2023 Nevada Revised Statutes › Chapter 405 - Control and Preservation of Public Highways › NRS 405.100 - Penalty.

Any person, firm, association or corporation who shall erect or maintain any billboard, sign, placard, poster or other form of advertising in violation of any of the provisions of NRS 405.020 to 405.100, inclusive, shall be guilty of a misdemeanor.
[8:90:1925; NCL § 268]—(NRS A 1967, 570)
2023 Nevada Revised Statutes › Chapter 405 - Control and Preservation of Public Highways › NRS 405.120 - Installation of bridge or culvert if water conducted across highway; construction and repair performed according to specifications of county commissioners.

1. All persons, associations, firms or corporations conducting water across any public road or highway in this state, or across any street or alley in any unincorporated town of this state, for domestic, mining, agricultural or manufacturing purposes, are required to construct, repair and maintain, at their own expense, good and substantial culverts or bridges, as the case may be, over such crossings, and shall in no case allow any stream of water, diverted from its natural channel, to flood or wash any public road, or any street or alley in any unincorporated town of this state.
2. The construction and repairing of such bridge or culvert shall be performed according to a standard plan and specifications to be prescribed by the board of county commissioners of the county wherein the crossing is situated, and the work of construction or repairing shall be approved by the board.
[1:64:1885; BH § 459; C § 443; RL § 3022; NCL § 5434] + [1:214:1913; 1919 RL p. 2906; NCL § 5428]
2023 Nevada Revised Statutes › Chapter 405 - Control and Preservation of Public Highways › NRS 405.130 - Notice of violation by chair of county commissioners; repair by county if violator fails or refuses to repair.

1. The chair of the board of county commissioners shall notify at once the person or persons violating the provisions of NRS 405.120 to 405.160, inclusive, to make such construction or repair as may be necessary.
2. If such person or persons, firm, association or corporation shall refuse or neglect to make the same for a period of 5 days after receiving such notice, then the chair of the board of county commissioners shall:
(a) Immediately cause the necessary construction or repairing to be made according to the standard plan and specifications.
(b) Submit in duplicate to the board of county commissioners and the district attorney itemized bills for the expense so incurred.
3. The bills shall be allowed and paid as other bills against the road fund of the district in which the construction or repairing is made. If there is no money in the road fund, then the bills shall be allowed and paid out of any moneys in the county general fund not otherwise appropriated.
[2:64:1885; BH § 460; C § 444; RL § 3023; NCL § 5436] + [2:214:1913; 1919 RL p. 2906; NCL § 5429]
2023 Nevada Revised Statutes › Chapter 405 - Control and Preservation of Public Highways › NRS 405.140 - Recovery of expenses from violator by civil action.

Any person, association, firm or corporation owning, leasing, operating or controlling any flume, ditch, canal or any aqueduct conducting water across any public road or highway in this state, or across any street or alley in any unincorporated town in this state, for domestic, mining, agricultural or manufacturing purposes, shall be liable for the amount of the expenses incurred by the chair of the board of county commissioners in the construction or repairing of the bridge or culvert, to be recovered by a civil action.
[3:214:1913; 1919 RL p. 2907; NCL § 5430]
2023 Nevada Revised Statutes › Chapter 405 - Control and Preservation of Public Highways › NRS 405.150 - District attorney to commence action for recovery of expenses.

Upon receiving the bill of expense as provided in NRS 405.130, the district attorney shall immediately commence an action in any court of competent jurisdiction for the recovery of such an amount as is set forth in the itemized bill of expense together with the costs of the suit.
[3:64:1885; BH § 461; C § 445; RL § 3024; NCL § 5437] + [4:214:1913; 1919 RL p. 2907; NCL § 5431]
2023 Nevada Revised Statutes › Chapter 405 - Control and Preservation of Public Highways › NRS 405.160 - Disposition of money collected by civil action.

After paying the costs of suit, all moneys collected shall be returned and paid into the fund from which the original bill of expense named in NRS 405.130 shall have been allowed and paid by the board of county commissioners.
[4:64:1885; BH § 462; C § 446; RL § 3025; NCL § 5438] + [5:214:1913; 1919 RL p. 2907; NCL § 5432]
2023 Nevada Revised Statutes › Chapter 405 - Control and Preservation of Public Highways › NRS 405.170 - Penalty for failure to construct bridge or culvert.

1. All persons, corporations or associations conducting water across any public road or highway, or across any street or alley in any unincorporated town in this state, for domestic, mining, agricultural or manufacturing purposes shall construct, at their own expense, good and substantial culverts or bridges over such crossing, and shall in no case allow any stream of water, diverted from its natural channel for such purposes by them, to flood or wash any public road or any street or alley in any unincorporated town of this state.
2. Any person, corporation or association violating any of the provisions of subsection 1 shall be punished by a fine of not more than $500.
[1:78:1911; A 1915, 373; 1919 RL § 3045; NCL § 5426] + [2:78:1911; A 1915, 373; 1919 RL § 3046; NCL § 5427]—(NRS A 1967, 570)
2023 Nevada Revised Statutes › Chapter 405 - Control and Preservation of Public Highways › NRS 405.180 - Penalty for willfully or negligently allowing water to flow on highway; failure to act upon notice prima facie evidence of negligence.

1. If any person or persons being the owner or owners, superintendent or managing agent of any water ditch, flume or artificial watercourse within this state, or other person or corporation, shall willfully, maliciously, negligently or carelessly allow or let the water from the ditch, flume or artificial watercourse run or flow into or upon any public road, highway or common street or alley of any city or town within this state, so as to make such public road, highway, street or alley impassable or inconvenient to travel, or so as to injure the same, every person so offending shall be punished by a fine of not more than $500.
2. Whenever the water from any ditch, flume or artificial watercourse in this state shall run or flow into or upon any public road, highway, street or alley of any city or town of this state, and the road supervisor within whose road district such public road, highway, street or alley is situated, if there be one, or if there is no road supervisor, then any member of the board of county commissioners of the county within which such public road, highway, street or alley is situated, shall notify the owner or owners, superintendent or managing agent of such ditch, flume or artificial watercourse, that the water from the same is or has been flowing into or upon the public road, highway, street or alley, making the same impassable or inconvenient to travel or pass, or is injuring or has injured the same, and if the owner or owners, or superintendent or managing agent of the ditch, flume or artificial watercourse refuse or neglect for 5 days to repair the same and prevent the water from flowing into or upon the public road, highway, street or alley, it shall be prima facie evidence of negligence.
[1911 C&P § 505; RL § 6770; NCL § 10452] + [1911 C&P § 506; RL § 6771; NCL § 10453]—(NRS A 1967, 570)
2023 Nevada Revised Statutes › Chapter 405 - Control and Preservation of Public Highways › NRS 405.191 - "Public road" defined; county roads and highways may be established on rights-of-way over certain public lands.

As used in NRS 405.193 and 405.195, "public road" includes:
1. A United States highway, a state highway or a main, general or minor county road and any other way laid out or maintained by any governmental agency.
2. Any way which exists upon a right-of-way granted by Congress over public lands of the United States not reserved for public uses in chapter 262, section 8, 14 Statutes 253 (former 43 U.S.C. § 932, commonly referred to as R.S. 2477), and accepted by general public use and enjoyment before, on or after July 1, 1979. Except as otherwise provided in this subsection, each board of county commissioners may locate and determine the width of such rights-of-way and locate, open for public use and establish thereon county roads or highways, but public use alone has been and is sufficient to evidence an acceptance of the grant of a public user right-of-way pursuant to former 43 U.S.C. § 932. In a county in which a board of county highway commissioners has exclusive control of all matters relating to the construction, repairing and maintaining of public highways, roads and bridges within the county pursuant to NRS 403.090, the board of county highway commissioners may locate and determine the width of those rights-of-way and open those rights-of-way for public use for the purpose of designating county roads pursuant to NRS 403.170 or taking any other action concerning those rights-of-way pursuant to chapter 403 of NRS.
3. Any way which is shown upon any plat, subdivision, addition, parcel map or record of survey of any county, city, town or portion thereof duly recorded or filed in the office of the county recorder, and which is not specifically therein designated as a private road or a nonpublic road, and any way which is described in a duly recorded conveyance as a public road or is reserved thereby for public road purposes or which is described by words of similar import.
(Added to NRS by 1979, 1174; A 1981, 923; 1993, 1427; 1997, 1615; 2011, 300)
2023 Nevada Revised Statutes › Chapter 405 - Control and Preservation of Public Highways › NRS 405.193 - Public agency not required to maintain or accept road made public by prescriptive use; immunity of county from liability arising from use of certain public roads.

1. No public agency is required to maintain any public road which is so designated only because it meets the requirements set forth in subsection 1 or 2 of NRS 405.191 nor is any public agency required to accept any public road as a main, general or minor county road.
2. No action may be brought against the county, its officers or employees for damage suffered by a person solely as a result of the unmaintained condition of a road made public pursuant to NRS 405.195.
(Added to NRS by 1979, 1174; A 1993, 1428)
2023 Nevada Revised Statutes › Chapter 405 - Control and Preservation of Public Highways › NRS 405.201 - Definitions.

As used in NRS 405.201 to 405.204, inclusive, unless the context otherwise requires:
1. "Accessory road" means any way established over public lands between 1866 and 1976 pursuant to section 8 of chapter 262, 14 Stat. 253 (1866), former 43 U.S.C. § 932, as to which general public use or enjoyment before 1976 is not established, but which provides access to privately owned land.
2. "Public road" has the meaning ascribed to it in subsection 2 of NRS 405.191.
3. "Public utility" means any public utility, as that term is defined in NRS 704.020, that is subject to the jurisdiction of the Public Utilities Commission of Nevada.
(Added to NRS by 1993, 1402; A 1997, 1995; 2015, 2632)
2023 Nevada Revised Statutes › Chapter 405 - Control and Preservation of Public Highways › NRS 405.202 - Accessory roads: Use and maintenance; fee prohibited; immunity of state and local governments from liability arising from use.

1. Wherever an accessory road crosses public land, the accessory road is open to:
(a) Raisers of livestock in maintaining their herds;
(b) Any public utility in maintaining, constructing or operating any of its facilities; and
(c) The use of the general public.
2. The State and the respective local governments have no duty to maintain an accessory road and are immune from liability for damages suffered by any person as a result of using such a road.
3. Without obtaining a permit from any public agency, a private owner of land served by an accessory road or a raiser of livestock using such a road may maintain the road and remove debris or vegetation from it, but may not perform new construction. No public agency may charge a fee for the use or maintenance of an accessory road.
(Added to NRS by 1993, 1402)
2023 Nevada Revised Statutes › Chapter 405 - Control and Preservation of Public Highways › NRS 405.203 - Accessory roads: Closure or restriction of use.

1. The State Forester Firewarden or the board of directors of a fire protection district may temporarily close or restrict the use of an accessory road when the danger of fire arising from use of the road so requires. The closure or restricted use may not restrict, impede or preclude the use of the road by a public utility in maintaining, constructing or operating any of its facilities.
2. A board of county commissioners may permanently close an accessory road in its county when the public safety or welfare so requires. Before permanently closing an accessory road, the board of county commissioners shall hold a public hearing. The board shall give written notice of the time and place of the hearing to each owner of land served by the road, and to each stock raiser known to use the road. The board shall also publish the notice in a newspaper of general circulation in the county for 3 successive weeks before the date set for the hearing.
3. Following the hearing, the board of county commissioners shall not close the road unless the benefit to public safety or welfare from its closing outweighs the detriment to owners of land served by the road, to raisers of livestock using the road and to the general public.
4. If the permanent closing of an accessory road deprives an owner of access by road to the owner’s land, the public agency closing the road shall pay the owner just compensation for the owner’s loss.
(Added to NRS by 1993, 1403)
2023 Nevada Revised Statutes › Chapter 405 - Control and Preservation of Public Highways › NRS 405.204 - Legislative findings and declaration; action by Attorney General authorized; duty to develop, maintain and assist in implementation of legal protocol.

1. The Legislature hereby finds and declares that:
(a) Formalizing and finalizing title to accessory roads and public roads is necessary for the State and its counties to protect proper authority over, continued access to and multiple uses on federally administered lands; and
(b) The public interest of the State of Nevada is served by keeping accessory roads and public roads open and available for use by the residents of this state because:
(1) There exists within this state a large number of accessory roads and public roads;
(2) Accessory roads and public roads provide access for the control of fire on adjacent lands, the enforcement of laws by peace officers, search and rescue operations, medical personnel and ambulances, and public utilities;
(3) Accessory roads and public roads provide access to public lands for members of the general public; and
(4) Accessory roads and public roads enhance the taxable value of the private property served by such roads.
2. The Legislature therefore urges the Attorney General to take a leadership role in pursuing actions on behalf of the State and its counties in formalizing and finalizing title to accessory roads and public roads in this State pursuant to the powers and duties provided in this section and NRS 228.180, 228.190 and 405.195.
3. The Legislature therefore directs that:
(a) If an agency of the United States responsible for the lands over which an accessory road or a public road runs pursues the closing of such a road, demands a fee or permit for the use of such a road, prescribes or asserts management authority over such a road or in any other way creates a case or controversy as to the use or title to such a road, the Attorney General, pursuant to this section or NRS 405.195, as applicable, may participate as a party in a quiet title action pursuant to 28 U.S.C. § 2409a or bring an action for a declaratory judgment as soon as practicable in cooperation with or on behalf of:
(1) The State and its residents;
(2) The county or counties in which the road lies;
(3) Owners of lands served by the road;
(4) Holders of grazing, mineral or other rights served by the road; and
(5) All other users of the road,
to protect the ownership of and title to the road, or to vindicate the rights of all users to the unimpeded maintenance, use and enjoyment of the road, and the rights of owners of lands or holders of rights served by the road to just compensation for any closing found necessary.
(b) The Land Use Planning Advisory Council created by NRS 321.740, the Attorney General and the Nevada Association of Counties shall work cooperatively to develop, maintain and assist in the implementation of a legal protocol whereby a county may perfect its rights to and finalize title to an accessory road or a public road.
(Added to NRS by 1993, 1403; A 2015, 2633)
2023 Nevada Revised Statutes › Chapter 405 - Control and Preservation of Public Highways › NRS 405.205 - Erection and maintenance of power lines by rural electric cooperative.

A rural electric cooperative which has been formed pursuant to NRS 81.410 to 81.540, inclusive, may erect or bury, and thereafter maintain or operate, power lines, and may permit the maintenance and operation of telephone lines in connection therewith, along public highways, roads, streets and alleys within the area which it holds a certificate of public convenience and necessity to serve. In exercising this right, the cooperative shall not obstruct the natural and proper use of the highway, road, street or alley, and is subject to the requirements of NRS 408.423 and 408.441.
(Added to NRS by 1979, 957; A 2015, 2133)
2023 Nevada Revised Statutes › Chapter 405 - Control and Preservation of Public Highways › NRS 405.210 - Damage to public or private road, bridge or guidepost unlawful; penalty.

Every person who shall willfully and maliciously remove, damage or destroy:
1. A highway or a private way laid out by authority of law, or a bridge upon such public or private road, or willfully or maliciously cause to be placed thereon any substance or thing dangerous to any person or animal traveling thereon or which might injure or puncture the tire of any vehicle; or
2. A mile board, milestone or guidepost erected upon a highway, or any inscription thereon,
shall be guilty of a misdemeanor.
[Part 1911 C&P § 487; RL § 6752; NCL § 10434]
2023 Nevada Revised Statutes › Chapter 405 - Control and Preservation of Public Highways › NRS 405.230 - Penalty for obstruction or damage to highway; abatement of nuisance; removal of certain obstacles or encroachments.

1. Any person who, in any manner, obstructs any road, street or alley, or in any manner damages it or prevents travel thereon, or who obstructs, dams or diverts any stream or water so as to throw it, or cause the flowage thereof, upon, across or along the pathway of any road, highway, street or alley is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the extent of damage to the section of the road, street, alley or highway damaged, and in no event less than a misdemeanor.
2. The court before which the conviction is had shall order the sheriff or any constable of the county to abate, as a nuisance, any fence or other obstruction, to the free and convenient use and travel of the road, street or alley, or any obstruction from the stream so as to allow it to flow in its natural bed.
3. The department of public works or any other appropriate county agency is authorized to remove from the highways any unlicensed obstacle or encroachment which is not removed, or the removal of which is not commenced and thereafter diligently prosecuted, before the expiration of 5 days after personal service of notice and demand upon the owner of the obstacle or encroachment or the owner’s agent. In lieu of personal service upon that person or the person’s agent, service of the notice may also be made by registered or certified mail and by posting, for a period of 5 days, a copy of the notice on the obstacle or encroachment described in the notice. Removal by the department or other agency of the obstacle or encroachment on the failure of the owner to comply with the notice and demand gives the department or other agency a right of action to recover the expense of the removal, investigative costs, attorney’s fees, cost and expenses of suit, and in addition thereto the sum of $250 for each day the obstacle or encroachment remains after the expiration of 5 days from the service of the notice and demand.
4. As used in this section, "obstacles or encroachments" mean any objects, materials or facilities not owned by the county that are placed within a right-of-way of the county for storage purposes or decorative improvements for front lots that are not a part of a highway facility. The term does not include vehicles parked in a lawful manner within that right-of-way.
[6:111:1866; BH § 445; C § 452; RL § 3009; NCL § 5397]—(NRS A 1967, 571; 1979, 602; 1993, 897)
2023 Nevada Revised Statutes › Chapter 405 - Control and Preservation of Public Highways › NRS 405.240 - Repair of damage to highway from driving livestock.

Any person or corporation driving sheep, goats, swine, horses or cattle along or across any public road or highway, or along or across any street or alley in any unincorporated town, in this state for any purpose whatever, who by so doing damages or impairs the public road or highway or street or alley, as the case may be, shall be required, at his, her or its own expense, to make any and all repairs necessary to put the road, highway, street or alley in as good condition as it was before the damage was done.
[1a:64:1885; added 1913, 238; 1919 RL p. 2897; NCL § 5435]
2023 Nevada Revised Statutes › Chapter 405 - Control and Preservation of Public Highways › NRS 405.250 - Construction and maintenance of sidewalks; penalty for riding or driving on sidewalk.

1. Subject to the authority conferred by law on city authorities, the boards of county commissioners or road supervisors, any owner or occupant of land may construct and maintain a sidewalk in the highway along the line of the owner’s or occupant’s land.
2. Sidewalks already constructed and laid out with reasonable limits as to width so as not to operate as an obstruction to the street or highway must be maintained and protected pursuant to this section.
3. Except as otherwise provided in NRS 484B.767, a person who willfully and intentionally rides or drives, or causes to be ridden or driven, any animal, vehicle or other thing over or upon such a sidewalk, without permission of the owner or occupant, shall be punished by a fine of not more than $20, in addition to the costs of prosecution.
[1911 C&P § 508; RL § 6773; NCL § 10455]—(NRS A 1967, 572; 1997, 1728)
2023 Nevada Revised Statutes › Chapter 405 - Control and Preservation of Public Highways › NRS 405.270 - Standards of safety for electronic gates that provide access for vehicular traffic.

A gate that:
1. Operates by electrical power;
2. Provides access for vehicular traffic; and
3. Is installed on or after March 1, 2000,
must comply with the requirements of the Underwriters Laboratories Inc. Standard for Safety 325, as published on September 18, 1998, and effective on March 1, 2000.
(Added to NRS by 1999, 3112)
2023 Nevada Revised Statutes › Chapter 405 - Control and Preservation of Public Highways › NRS 405.280 - Erection and maintenance of gates across public roads in certain counties.

1. In a county whose population is 100,000 or more, the board of county commissioners of the county may, by ordinance or by written agreement with a person, authorize a person to erect and maintain a gate across a public road. Any such ordinance or agreement must contain provisions:
(a) That require such a gate to be kept unlocked; and
(b) To ensure that:
(1) Public access to the public road is not restricted in any manner; and
(2) The traveling public is able to travel on the public road without unnecessary delay.
2. As used in this section, "public road" has the meaning ascribed to it in subsection 2 of NRS 405.191.
(Added to NRS by 2021, 1493)
2023 Nevada Revised Statutes › Chapter 407 - State Parks and Monuments › NRS 407.011 - Definitions.

As used in this chapter, unless the context requires otherwise:
1. "Administrator" means the Administrator of the Division.
2. "Department" means the State Department of Conservation and Natural Resources.
3. "Director" means the Director of the Department.
4. "Division" means the Division of State Parks of the Department.
(Added to NRS by 1961, 177; A 1963, 828; 1967, 1280; 1977, 1128; 1993, 1598)
2023 Nevada Revised Statutes › Chapter 407 - State Parks and Monuments › NRS 407.013 - Declaration of legislative intent.

It is the intention of the Legislature that the Division shall acquire, protect, develop and interpret a well-balanced system of areas of outstanding scenic, recreational, scientific and historical importance for the inspiration, use and enjoyment of the people of the State of Nevada and that such areas shall be held in trust as irreplaceable portions of Nevada’s natural and historical heritage.
(Added to NRS by 1961, 177; A 1977, 1128)
2023 Nevada Revised Statutes › Chapter 407 - State Parks and Monuments › NRS 407.037 - Administrator: Creation of position; classification.

The position of Administrator of the Division of State Parks is hereby created. The Administrator is in the unclassified service of the State.
(Added to NRS by 1961, 178; A 1963, 830; 1965, 704; 1977, 1129)
2023 Nevada Revised Statutes › Chapter 407 - State Parks and Monuments › NRS 407.045 - Administrator: Salary; other employment.

1. The salary of the Administrator may be apportioned and paid from any money available to the Division, unless otherwise provided by law.
2. Except as otherwise provided in NRS 284.143, the Administrator shall devote his or her entire time and attention to the business of his or her office and shall not pursue any other business or occupation or hold any other office of profit.
(Added to NRS by 1961, 178; A 1963, 830; 1965, 704; 1967, 1496; 1971, 1434; 1977, 1129; 1981, 1279; 1985, 420; 1995, 2314)
2023 Nevada Revised Statutes › Chapter 407 - State Parks and Monuments › NRS 407.047 - Administrator: Powers and duties.

1. As the executive head of the Division, the Administrator, subject to administrative supervision by the Director, shall direct and supervise all administrative, fiscal, budget and technical activities of the Division, and all programs administered by the Division as provided by law.
2. The Administrator may organize the Division into various sections and, from time to time, alter such organization and reassign responsibilities and duties as the Administrator may deem appropriate.
3. The Administrator shall:
(a) Coordinate the activities of the various sections of the Division.
(b) Report to the Director upon all matters pertaining to the administration of the Administrator’s office.
(c) Submit a biennial report to the Director on the work of the Division, with recommendations that the Administrator may deem necessary.
(d) Appoint such technical, clerical and operational staff as the execution of his or her duties and the operation of the Division may require.
(Added to NRS by 1961, 178; A 1963, 830; 1973, 978; 1977, 1130; 1985, 420)
2023 Nevada Revised Statutes › Chapter 407 - State Parks and Monuments › NRS 407.0475 - Administrator: Regulations; penalty for violation of regulations.

1. The Administrator shall adopt such regulations as he or she finds necessary for carrying out the provisions of this chapter and other provisions of law governing the operation of the Division. Except as otherwise provided in subsection 2, the regulations may include prohibitions and restrictions relating to activities within any of the park or recreational facilities within the jurisdiction of the Division.
2. Any regulations relating to the conduct of persons within the park or recreational facilities must:
(a) Be directed toward one or both of the following:
(1) Prevention of damage to or misuse of the facility.
(2) Promotion of the inspiration, use and enjoyment of the people of this State through the preservation and use of the facility.
(b) Apply separately to each park, monument or recreational area and be designed to fit the conditions existing at that park, monument or recreational area.
(c) Not establish restrictions on the possession of firearms within the park or recreational facility which are more restrictive than the laws of this State relating to:
(1) The possession of firearms; or
(2) Engaging in lawful resistance to prevent an offense against a person or property.
Any regulation which violates the provisions of this paragraph is void.
3. Any person whose conduct violates any regulation adopted pursuant to subsection 1 is guilty of a misdemeanor.
(Added to NRS by 1973, 978; A 1975, 801; 1977, 1130; 1985, 368; 1993, 2532; 2011, 3111; 2019, 672)
2023 Nevada Revised Statutes › Chapter 407 - State Parks and Monuments › NRS 407.055 - Administrator’s deputies: Designation; powers and duties; compensation; other employment.

1. The Administrator may designate an employee or employees of the Division to act as the Administrator’s deputy or deputies. In case of the absence of the Administrator, or the Administrator’s inability from any cause to discharge the powers and duties of the Administrator’s office, such powers and duties devolve upon the Administrator’s deputy or deputies.
2. Deputies shall receive annual salaries in the amounts determined pursuant to statute.
3. Except as otherwise provided in NRS 284.143, each deputy shall devote his or her entire time and attention to the business of his or her office and shall not pursue any other business or occupation or hold any other office of profit.
(Added to NRS by 1961, 179; A 1963, 831; 1967, 1496; 1971, 1434; 1977, 1131; 1995, 2314)
2023 Nevada Revised Statutes › Chapter 407 - State Parks and Monuments › NRS 407.057 - Offices of Division; leases and agreements for offices.

1. The Division shall maintain its headquarters office at Carson City, Nevada.
2. The Division may maintain such district or branch offices throughout the State as the Administrator may deem necessary to the efficient operation of the Division and the various sections thereof. The Administrator may, subject to the approval of the Director, enter into such leases or other agreements as may be necessary to the establishment of such district or branch offices. Such leases or agreements must be executed in cooperation with the Buildings and Grounds Section of the State Public Works Division of the Department of Administration and in accordance with the provisions of NRS 331.110.
(Added to NRS by 1961, 179; A 1963, 1290; 1973, 1474; 1977, 1131; 1993, 1598; 2011, 2982)
2023 Nevada Revised Statutes › Chapter 407 - State Parks and Monuments › NRS 407.063 - Acquisition of real and personal property; eminent domain; consultation with local government before acquisition of undeveloped real property surrounding state park.

1. The Administrator may acquire for the Division, subject to the approval of the Director and with the concurrence of the Interim Finance Committee, and within the limits of legislative appropriation where money is required, real or personal property by lease or purchase. The right of eminent domain as provided by chapter 37 of NRS may be exercised by the Division. The Interim Finance Committee may clarify the legislative intent of an appropriation at the request of the Director or the Administrator.
2. Before approving the acquisition of real property to expand the area of land that surrounds a state park and in which development is to be restricted, the Interim Finance Committee shall consult the governing body of the county, city or town in which the land to be acquired is located.
(Added to NRS by 1961, 179; A 1969, 1172; 1973, 995; 1977, 1131; 1979, 619; 1985, 805; 1993, 1598; 2011, 2479)
2023 Nevada Revised Statutes › Chapter 407 - State Parks and Monuments › NRS 407.0655 - Program to issue annual permits to members of certain Indian tribes and certain veterans free of charge.

The Administrator shall establish a program for the issuance of an annual permit, free of charge, to enter each state park and recreation area in this State to:
1. Any member of an Indian tribe that is located in whole or in part in this State; and
2. Any bona fide resident of this State who has been discharged from the Armed Forces of the United States, except a person who has been dishonorably discharged.
(Added to NRS by 2023, 1757)
2023 Nevada Revised Statutes › Chapter 407 - State Parks and Monuments › NRS 407.066 - Governor authorized to direct naming of state park, monument or recreational area after deceased member of Armed Forces of United States; duties of Administrator.

1. The Governor may, upon receiving a recommendation from the Nevada Veterans Services Commission pursuant to NRS 417.400, direct the Administrator to name, subject to the provisions of NRS 407.065, a state park, monument or recreational area constructed, acquired, leased or opened on or after July 1, 2015, after a deceased member of the Armed Forces of the United States.
2. The Administrator shall, as soon as sufficient money is available from the Nevada Will Always Remember Veterans Gift Account created by NRS 417.410, cause to be designed, procured and installed an appropriate marker, plaque, statue or sign bearing the name of the deceased member of the Armed Forces of the United States at or upon the respective state park, monument or recreational area as directed by the Governor pursuant to subsection 1.
(Added to NRS by 2015, 561)
2023 Nevada Revised Statutes › Chapter 407 - State Parks and Monuments › NRS 407.067 - Cooperative agreement with Federal Government, state agency or others.

In the administration of various programs by the Division as provided by law, the Administrator, subject to the approval of the Director, may cooperate, financially or otherwise, and execute contracts or agreements with the Federal Government or any federal department or agency, any other state department or agency, any county, city, public district or political subdivision of this State, any public or private corporation, any natural person, or any group of natural persons, but such cooperation shall not of itself relieve any such cooperator of any responsibility or liability existing under any provision of law.
(Added to NRS by 1961, 180; A 1977, 1132; 1979, 619)
2023 Nevada Revised Statutes › Chapter 407 - State Parks and Monuments › NRS 407.068 - Cooperative agreement with state agency or certain political subdivision for operation, establishment or maintenance of certain parks; terms; apportionment of costs.

1. As used in this section:
(a) "Controlling subdivision" means any political subdivision of this State, including irrigation, water conservancy and other districts, which owns or controls a site suited to a public park.
(b) "Other state agency" means any other agency of this State which owns or controls a site suited to a public park or is engaged in park and recreation development.
(c) "Park" includes any recreational facility.
(d) "Using subdivision" means any political subdivision of this State which is authorized to establish and maintain public parks.
2. The Administrator, subject to the approval of the Director, may enter into cooperative agreements for the operation of parks, not a part of the Division but which are of state park caliber, with any other state agency, controlling subdivision or using subdivision, for the primary purpose of establishing or maintaining a park where:
(a) A controlling subdivision is not authorized to establish or maintain parks; or
(b) A using subdivision would be subjected to an unfair financial burden through extensive use of the park by nonresidents of the using subdivision.
3. Such an agreement must include:
(a) The Division;
(b) The using subdivision in which the site is located; and
(c) The controlling subdivision or other state agency.
The agreement may include any other using subdivision whose residents may be expected to make substantial use of the park.
4. The Division shall apportion the cost of operation, or the combined state and local shares of the cost if federal funds are also received, as follows:
(a) As between the State and the using subdivision or subdivisions, on the basis of the number of persons residing outside the using subdivisions, as against the number of residents of such subdivisions, who are estimated or anticipated by the Division to use the park.
(b) As between two or more using subdivisions, on the basis of the number of residents of each so estimated or anticipated to use the park.
5. In addition to the cooperative agreements authorized pursuant to subsection 2, the Administrator, subject to the approval of the Director, may enter into a cooperative agreement with a using subdivision for the purpose of establishing and maintaining a park that:
(a) Is under the jurisdiction of the Division; and
(b) Will be used primarily by residents of the using subdivision.
(Added to NRS by 1965, 1410; A 1977, 1132; 2003, 1688, 3222)