[Rev. 6/29/2024 4:00:18 PM--2023]
TITLE 35 - HIGHWAYS; ROADS; BRIDGES; PARKS; OUTDOOR RECREATION
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.
NRS 403.095 Adoption of rules and regulations by board governing erection and maintenance of gates across certain public roads; requirements.
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.
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.
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.
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.
NRS 403.470 Expenditures of money.
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 52,000.
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.
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.
NRS 403.573 Complete Streets Fund: Creation and administration by board of county commissioners; purposes.
NRS 403.575 Complete Streets Program: Adoption by board of county highway commissioners; definition.
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.
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]
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]
NRS 403.095 Adoption of rules and regulations by board governing erection and maintenance of gates across certain public roads; requirements.
1. The board of county highway commissioners may make rules and regulations to allow a person to erect and maintain a gate across a public road in the county. Such rules and regulations:
(a) Must require such a gate to be kept unlocked; and
(b) May set forth any specifications, standards and requirements concerning the erection and maintenance of such a gate as the board of county highway commissioners determines to be necessary.
2. As used in this section, “public road” means a:
(a) Main, general or minor county road designated pursuant to NRS 403.170.
(b) Public road, as defined in subsection 2 of NRS 405.191.
(Added to NRS by 2021, 1493)
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.
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)
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.
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)
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
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. 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)
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.
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)
NRS 403.470 Expenditures of money. 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)
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 52,000.
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 52,000, 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; 2023, 270)
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.
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)
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. 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)
NRS 403.573 Complete Streets Fund: Creation and administration by board of county commissioners; purposes.
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)
NRS 403.575 Complete Streets Program: Adoption by board of county highway commissioners; definition.
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. To the extent practicable, the projects must integrate bicycle lanes and bicycle routes, facilities and signs into all plans, designs, construction and maintenance of roads.
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 of all ages and abilities, including, without limitation, pedestrians, bicycle riders, movers of commercial goods, persons with disabilities, vehicles for public transportation and their passengers, older adults, children 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; A 2021, 1050)
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.
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)
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]