NRS: CHAPTER 410 - BEAUTIFICATION OF HIGHWAYS

[Rev. 6/29/2024 4:01:13 PM--2023]

CHAPTER 410 - BEAUTIFICATION OF HIGHWAYS

GENERAL PROVISIONS

NRS 410.030 Definitions.

NRS 410.040 “Automotive graveyard” defined.

NRS 410.043 “Board” defined.

NRS 410.045 “Department” defined.

NRS 410.047 “Director” defined.

NRS 410.050 “Edge of the right-of-way” defined.

NRS 410.060 “Interstate highway” defined.

NRS 410.070 “Junk” defined.

NRS 410.080 “Junkyard” defined.

NRS 410.090 “Primary highway” defined.

LOCATION AND SCREENING OF JUNKYARDS

NRS 410.095 Declaration of legislative intent.

NRS 410.097 Federal reimbursement prerequisite to continued effectiveness of NRS 410.095 to 410.210, inclusive.

NRS 410.100 Permit required for establishment and operation of junkyard at certain locations.

NRS 410.110 Permit: Fee; disposition of proceeds.

NRS 410.120 Permit: Conditions for issuance.

NRS 410.130 Screening of certain junkyards: Requirement.

NRS 410.140 Screening of certain junkyards: Regulations.

NRS 410.150 Removal, relocation or disposal of junkyard.

NRS 410.160 Acquisition of property by Department.

NRS 410.170 Compensation for removal, relocation or disposal of junkyard.

NRS 410.180 Payment of costs.

NRS 410.190 Regulations to be consistent with federal laws and standards.

NRS 410.200 Regulatory powers of local government unimpaired.

NRS 410.210 Violation constitutes public nuisance; abatement; recovery of costs.

OUTDOOR ADVERTISING

NRS 410.220 Declaration of legislative intent.

NRS 410.230 Definitions.

NRS 410.250 “Information centers” defined.

NRS 410.270 “Outdoor advertising,” “outdoor advertising sign, display or device” and “sign, display or device” defined.

NRS 410.290 “Safety rest areas” defined.

NRS 410.300 “Unzoned commercial or industrial area” defined.

NRS 410.305 “Urban area” defined.

NRS 410.310 “Zoned commercial or industrial area” defined.

NRS 410.320 Outdoor advertising adjacent to highway prohibited; exceptions.

NRS 410.330 Agreement with Secretary of Transportation; regulations governing permits for outdoor advertising and submission of requests for retention of nonconforming signs.

NRS 410.340 Removal of prohibited outdoor advertising: Time limited; no compensation to owner of certain outdoor advertising.

NRS 410.350 Removal of prohibited outdoor advertising: Compensation to owners of outdoor advertising and real property.

NRS 410.360 Violation constitutes public nuisance; abatement; recovery of costs; penalty.

NRS 410.365 Remedies for obstruction of visibility of outdoor advertising structure by noise abatement project.

NRS 410.370 Safety rest area: Distribution of maps, directories and pamphlets; establishment of informational center.

NRS 410.380 Informational sign, display or device within right-of-way.

NRS 410.390 Inventory of existing outdoor advertising; contents; penalty.

NRS 410.400 Regulations; fee for permit; no fee for certain signs; disposition of fees.

NRS 410.410 NRS 410.220 to 410.400, inclusive, supplementary to NRS 405.020 to 405.110, inclusive; federal reimbursement prerequisite to continued effectiveness.

_________

GENERAL PROVISIONS

NRS 410.030 Definitions. As used in this chapter, the words and terms defined in NRS 410.040 to 410.090, inclusive, unless the context otherwise requires, have the meanings ascribed to them in those sections.

(Added to NRS by 1971, 559; A 1973, 212; 1979, 1783)

NRS 410.040 “Automotive graveyard” defined. “Automotive graveyard” means any establishment or place of business which is maintained, used or operated for storing, keeping, processing, buying or selling wrecked, abandoned, scrapped, ruined or dismantled motor vehicles or motor vehicle parts.

(Added to NRS by 1971, 559)

NRS 410.043 “Board” defined. “Board” means the Board of Directors of the Department of Transportation.

(Added to NRS by 1973, 211; A 1979, 1784)

NRS 410.045 “Department” defined. “Department” means the Department of Transportation.

(Added to NRS by 1973, 212; A 1979, 1784)

NRS 410.047 “Director” defined. “Director” means the Director of the Department of Transportation.

(Added to NRS by 1979, 1783)

NRS 410.050 “Edge of the right-of-way” defined. “Edge of the right-of-way” means the property line between the area acquired for state highway rights-of-way and the abutting property.

(Added to NRS by 1971, 559)

NRS 410.060 “Interstate highway” defined. “Interstate highway” means a portion of the Dwight D. Eisenhower National System of Interstate and Defense Highways located within this State as officially designated pursuant to the provisions of Title 23 of the United States Code.

(Added to NRS by 1971, 559; A 2005, 76)

NRS 410.070 “Junk” defined. “Junk” means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste or junked, dismantled or wrecked or abandoned motor vehicles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material, and all other secondhand used or castoff articles or material of any kind.

(Added to NRS by 1971, 559)

NRS 410.080 “Junkyard” defined. “Junkyard” means an establishment or place of business which is maintained, operated, or used for storing, keeping, processing, buying, or selling junk, or for the maintenance or operation of an automobile graveyard or scrap metal processing facility, and the terms shall include garbage dumps and sanitary fills.

(Added to NRS by 1971, 560)

NRS 410.090 “Primary highway” defined. “Primary highway” means a portion of the connected main highways, as officially designated pursuant to the provisions of Title 23 of the United States Code.

(Added to NRS by 1971, 560)

LOCATION AND SCREENING OF JUNKYARDS

NRS 410.095 Declaration of legislative intent. The Legislature hereby finds and declares that:

1. The establishment, use and maintenance of outdoor junkyards in areas adjacent to the interstate and primary highway systems of this state should be controlled in order to promote the safety and recreational value of public travel, to protect the public investment in such highways, and to preserve the natural beauty of areas adjacent to such highways.

2. It is the intent of the Legislature to:

(a) Provide for the state control of outdoor junkyards as required by 23 U.S.C. § 136.

(b) Establish by the provisions of NRS 410.095 to 410.210, inclusive, minimum standards with respect to the regulation of outdoor junkyards.

(Added to NRS by 1971, 559)

NRS 410.097 Federal reimbursement prerequisite to continued effectiveness of NRS 410.095 to 410.210, inclusive. NRS 410.095 to 410.210, inclusive, shall remain effective only so long as federal-aid highway funds are apportioned to the State of Nevada and the Federal Government reimburses the State in accordance with 23 U.S.C. § 136 for its share of landscaping and screening costs and compensation required for the relocation, removal or disposal of junkyards.

(Added to NRS by 1971, 559)

NRS 410.100 Permit required for establishment and operation of junkyard at certain locations. A person shall not, after January 1, 1972, establish a junkyard any portion of which is within 1,000 feet of the nearest edge of the right-of-way and visible from the main-traveled way of the interstate or primary highway system, or continue to operate and maintain a junkyard in existence on December 31, 1971, in such a location, without obtaining from the Director the permit provided for in NRS 410.110.

(Added to NRS by 1971, 560; A 1979, 1784)

NRS 410.110 Permit: Fee; disposition of proceeds. The Director shall collect a fee of $10 for the issuance of a permit for the establishment, maintenance and operation of a junkyard any portion of which is within 1,000 feet of the nearest edge of the right-of-way and visible from the main-traveled way of an interstate or primary highway. The proceeds from such fees must be deposited with the State Treasurer and credited to the State Highway Fund in the State Treasury.

(Added to NRS by 1971, 560; A 1979, 1784)

NRS 410.120 Permit: Conditions for issuance. No permit may be granted for the establishment, maintenance or operation of a junkyard any portion of which is within 1,000 feet of the nearest edge of the right-of-way of an interstate or primary highway, except the following:

1. Those which are screened by natural objects, plantings, fences, or other appropriate aesthetic means, so as not to be visible from the main-traveled way, or otherwise hidden from sight;

2. Those located within areas which are zoned for industrial use under authority of state or local law or ordinance;

3. Those located in areas which, although not zoned by authority of state or local law or ordinance, are actually used for industrial purposes as determined from actual land uses and defined by regulations prescribed by the Director and approved by the Secretary of Transportation; and

4. Those which are not visible from the main-traveled way.

(Added to NRS by 1971, 560; A 1979, 1784)

NRS 410.130 Screening of certain junkyards: Requirement. Any junkyard lawfully in existence on April 15, 1971, any portion of which is within 1,000 feet of the nearest edge of the right-of-way of an interstate or primary highway, and visible from the main-traveled way, shall be screened, if feasible, by the Department at locations on the highway right-of-way or in areas acquired for such purposes outside the right-of-way so as not to be visible from the main-traveled way of such highways.

(Added to NRS by 1971, 560)

NRS 410.140 Screening of certain junkyards: Regulations. The Director may prescribe regulations governing the location, planting, materials used, construction and maintenance, in the screening or fencing required by NRS 410.095 to 410.210, inclusive.

(Added to NRS by 1971, 560; A 1979, 1784)

NRS 410.150 Removal, relocation or disposal of junkyard. Whenever the Director determines that the topography of the land adjoining the highway will not permit adequate screening of such junkyards or the screening of such junkyards would not be economically feasible, the Director may require the relocation, removal or disposal of the junkyard, by negotiation or condemnation; but any junkyard in existence on April 15, 1971, which does not conform to the requirements of NRS 410.095 to 410.210, inclusive, and which the Director finds, as a practical matter, cannot be screened is required to be relocated, removed or disposed of no later than July 1, 1973.

(Added to NRS by 1971, 560; A 1979, 1784)

NRS 410.160 Acquisition of property by Department. The Department is authorized to acquire such interests in real property as may be necessary to effect the screening, relocation, removal or disposal of junkyards required by NRS 410.095 to 410.210, inclusive.

(Added to NRS by 1971, 561)

NRS 410.170 Compensation for removal, relocation or disposal of junkyard. Just compensation shall be paid by the Department to the owners of junkyards which must be relocated, removed or disposed of pursuant to NRS 410.095 to 410.210, inclusive, and which fall into the following categories:

1. Those lawfully in existence on April 15, 1971; and

2. Those lawfully established on or after April 15, 1971.

(Added to NRS by 1971, 561)

NRS 410.180 Payment of costs. The cost of screening, relocation, removal or disposal of any junkyard shall be paid by the State from the State Highway Fund, provided a proportionate part of such cost shall be reimbursable from federal funds in accordance with 23 U.S.C. § 136.

(Added to NRS by 1971, 561)

NRS 410.190 Regulations to be consistent with federal laws and standards. The Director shall prescribe and enforce regulations governing the establishment, screening, relocation, removal or disposal of junkyards as provided in NRS 410.095 to 410.210, inclusive, consistent with the provisions of 23 U.S.C. § 136 and the national standards promulgated thereunder by the Secretary of Transportation.

(Added to NRS by 1971, 561; A 1979, 1785)

NRS 410.200 Regulatory powers of local government unimpaired. The governing body of any incorporated city or county may enact ordinances, including, but not limited to, land use or zoning ordinances, imposing restrictions on junkyards equal to or greater than those imposed by the provisions of NRS 410.095 to 410.210, inclusive.

(Added to NRS by 1971, 561)

NRS 410.210 Violation constitutes public nuisance; abatement; recovery of costs.

1. Any junkyard or automobile graveyard established after April 15, 1971, which violates the provisions of NRS 410.095 to 410.210, inclusive, is hereby declared to be a public nuisance, and the Director shall abate any such junkyard or automobile graveyard which is not removed or screened prior to the expiration of 30 days after personal service of notice of such violation and demand for removal or screening upon the landowner and the owner or the owner’s agents of such junkyard or automobile graveyard.

2. Abatement by the Department of such junkyard or automobile graveyard on the failure of such owners to comply with such notice and demand gives the Department a right of action to recover the expense of such abatement, cost and expenses of suit.

(Added to NRS by 1971, 561; A 1979, 1785)

OUTDOOR ADVERTISING

NRS 410.220 Declaration of legislative intent.

1. The Legislature hereby finds and declares that:

(a) The erection and maintenance of outdoor advertising signs, displays and devices, in areas adjacent to the rights-of-way of the interstate highway system and the primary highway system within this state, is a legitimate commercial use of private property adjacent to roads and highways and that regulation and control or removal of such outdoor advertising is necessary to the system of state highways declared essential by NRS 408.100.

(b) The erection and maintenance of such advertising in such locations must be regulated:

(1) To prevent unreasonable distraction of operators of motor vehicles, confusion with regard to traffic lights, signs or signals and other interference with the effectiveness of traffic regulations;

(2) To promote the safety, convenience and enjoyment of travel on the state highways in this state;

(3) To attract tourists and promote the prosperity, economic well-being and general welfare of the State;

(4) For the protection of the public investment in the state highways; and

(5) To preserve and enhance the natural scenic beauty and aesthetic features of the highways and adjacent areas.

(c) All outdoor advertising which does not conform to the requirements of NRS 410.220 to 410.410, inclusive, is contrary to the public safety, health and general welfare of the people of this state.

(d) The removal of signs adjacent to the rights-of-way of the interstate or primary highway system within this state which provide directional information about goods and services in the interest of the traveling public and which:

(1) Were erected in conformance with the laws of the State of Nevada and subsequently became nonconforming under the requirements of 23 U.S.C. § 131; and

(2) Were in existence on May 6, 1976,

Ê could create substantial economic hardships in defined hardship areas within the State of Nevada.

2. It is the intent of the Legislature in NRS 410.220 to 410.410, inclusive, to provide a statutory basis for regulation of outdoor advertising consistent with the public policy declared by the Congress of the United States in areas adjacent to the interstate and primary highway systems.

(Added to NRS by 1971, 1325; A 1977, 564)

NRS 410.230 Definitions. As used in NRS 410.220 to 410.410, inclusive, the words and terms defined in NRS 410.250 to 410.310, inclusive, have the meanings ascribed to them in those sections, unless a different meaning clearly appears in the context.

(Added to NRS by 1971, 1326; A 1973, 212; 1979, 1785; 2005, 982)

NRS 410.250 “Information centers” defined. “Information centers” means areas or sites established and maintained at safety rest areas for the purpose of informing the traveling public of places of interest within the State and providing such other information as the director of the Department of Transportation may consider desirable.

(Added to NRS by 1971, 1326; A 1979, 1785)

NRS 410.270 “Outdoor advertising,” “outdoor advertising sign, display or device” and “sign, display or device” defined.

1. “Outdoor advertising,” “outdoor advertising sign, display or device” and “sign, display or device” mean any outdoor sign, display, device, light, figure, painting, drawing, message, plaque, poster, billboard or other thing which is designed, intended or used to advertise or inform, any part of the advertising or information contents of which is visible from any place on the main-traveled way of the interstate or primary highway systems.

2. The terms do not include a sign that is required to be erected and maintained in a gaming enterprise district pursuant to NRS 463.3092.

(Added to NRS by 1971, 1326; A 1997, 1712)

NRS 410.290 “Safety rest areas” defined. “Safety rest areas” means areas or sites established and maintained within or adjacent to the right-of-way by or under public supervision or control, for the convenience of the traveling public.

(Added to NRS by 1971, 1327)

NRS 410.300 “Unzoned commercial or industrial area” defined. “Unzoned commercial or industrial area” means an area which, although not zoned by authority of state or local law, ordinance or regulation, is actually used for commercial or industrial purposes as determined and defined by criteria embodied in the written agreement between the Secretary of Transportation and the Board.

(Added to NRS by 1971, 1327; A 1989, 1311)

NRS 410.305 “Urban area” defined. “Urban area” means an urbanized area, or in the case of an urbanized area encompassing more than one state, that part of the urbanized area in each such state, or an urban place, as designated by the Bureau of the Census of the United States Department of Commerce, having a population of 5,000 or more and not within any urbanized area, within boundaries to be fixed by responsible state and local officials in cooperation with each other, subject to approval by the Secretary of Transportation of the United States. Such boundaries shall, as a minimum, encompass the entire urban place designated by the Bureau of the Census.

(Added to NRS by 1975, 1179)

NRS 410.310 “Zoned commercial or industrial area” defined. “Zoned commercial or industrial area” means an area zoned for commercial or industrial uses by authority of state or local law, ordinance or regulation.

(Added to NRS by 1971, 1327)

NRS 410.320 Outdoor advertising adjacent to highway prohibited; exceptions. Outdoor advertising shall not be erected or maintained within 660 feet of the nearest edge of the right-of-way and visible from the main-traveled way of the interstate or primary highway systems in this state, and, outside urban areas outdoor advertising shall not be erected or maintained beyond 660 feet from the nearest edge of the right-of-way of the interstate and primary highway systems which is visible and placed with the purpose of having its message read from the main-traveled way of the interstate and primary highway systems in this state, except the following:

1. Directional, warning, landmark, informational and other official signs and notices, including but not limited to signs and notices pertaining to natural wonders, scenic and historic attractions. Only signs which are required or authorized by law or by federal, state or county authority, and which conform to national standards promulgated by the Secretary of Transportation pursuant to 23 U.S.C. § 131, are permitted.

2. Signs, displays and devices which advertise the sale or lease of the property upon which they are located.

3. Signs, displays and devices which advertise the activities conducted or services rendered or the goods produced or sold upon the property upon which the advertising sign, display or device is erected.

4. Signs, displays and devices located in zoned commercial or industrial areas, when located within 660 feet of the nearest edge of the right-of-way and visible from the main-traveled way of the interstate and primary highway systems within this state.

5. Signs, displays and devices located in an unzoned commercial or industrial area as defined in NRS 410.300, when located within 660 feet of the nearest edge of the right-of-way and visible from the main-traveled way of the interstate and primary highway systems within this state.

6. Nonconforming signs in defined hardship areas which provide directional information about goods and services in the interest of the traveling public and are approved by the Secretary of Transportation pursuant to 23 U.S.C. § 131(o).

7. Signs, displays and devices located as described in subsection 5 of NRS 405.110 and subsection 5 of NRS 484B.313.

(Added to NRS by 1971, 1327; A 1975, 1180; 1977, 565; 2017, 1425)

NRS 410.330 Agreement with Secretary of Transportation; regulations governing permits for outdoor advertising and submission of requests for retention of nonconforming signs. The Board shall:

1. Enter into the agreement with the Secretary of Transportation provided for by 23 U.S.C. § 131(d), setting forth the criteria governing unzoned commercial or industrial areas and the spacing, size and lighting of outdoor advertising coming within the exceptions contained in subsections 4 and 5 of NRS 410.320. The criteria must be consistent with customary use in the outdoor advertising industry in this state insofar as such customary use is consonant with the objectives of the Legislature as declared in NRS 410.220 to 410.410, inclusive.

2. Prescribe regulations governing the issuance of permits by the Director for the erection and maintenance of outdoor advertising coming within the exceptions contained in subsections 4 and 5 of NRS 410.320. The regulations must be consistent with the criteria governing size, lighting and spacing of outdoor advertising as established by agreement between the Secretary of Transportation and the Board pursuant to subsection 1 of this section.

3. Prescribe regulations governing the issuance of permits by the Director for the erection and maintenance of outdoor advertising coming within the exception contained in subsection 1 of NRS 410.320. The regulations must be consistent with the national standards promulgated by the Secretary of Transportation pursuant to 23 U.S.C. § 131(c)(1).

4. Prescribe regulations governing the submission to the Director of any declaration, resolution, certified copy of an ordinance or other direction from the governing body of a county, city or other governmental agency that removal of signs which provide directional information about goods and services in the interest of the traveling public would cause an economic hardship in a specifically defined area. Any such declaration, resolution or ordinance must request the retention of the signs in the defined hardship area. Upon receipt of a declaration, resolution or ordinance, the Director shall forward it to the Secretary of Transportation for inclusion as a defined hardship area qualifying for exemption pursuant to 23 U.S.C. § 131(o) and shall comply with the regulations of the Federal Highway Administration relating to applications for such exemptions. The regulations must provide that any local governing body submitting a request for exemption must perform the economic studies required by federal and state regulations to support the finding of economic hardship in the defined area, and submit the results of the studies to the director. This subsection does not apply to any highway which is a part of the interstate or primary highway system if such application would prevent this state from receiving federal funds or would result in sanctions against this state for noncompliance under 23 U.S.C. § 131.

(Added to NRS by 1971, 1327; A 1977, 566; 1979, 1785; 1989, 1311)

NRS 410.340 Removal of prohibited outdoor advertising: Time limited; no compensation to owner of certain outdoor advertising.

1. Any outdoor advertising sign, display or device located within 660 feet of the nearest edge of the right-of-way and visible from the main-traveled way of the interstate or primary highway systems in this state, and, in the case of any outdoor advertising sign, display or device located beyond 660 feet from the nearest edge of the right-of-way for interstate and primary highway systems, which is located outside of urban areas and placed with the purpose of having its message read from the main-traveled way of the interstate and primary highway systems, which was lawfully in existence and maintained on October 22, 1965, and which is not within one of the exceptions set forth in NRS 410.320, shall be removed no later than July 1, 1973, or 3 years from the date funds are available for such removal, except as provided in subsection 3.

2. Any other outdoor advertising sign, display or device located within 660 feet of the nearest edge of the right-of-way and visible from the main-traveled way of any highway of the interstate or primary system, and, in the case of any outdoor advertising sign, display or device located beyond 660 feet from the nearest edge of the right-of-way for interstate and primary highway systems, which is located outside of urban areas and placed with the purpose of having its message read from the main-traveled way of the interstate and primary highway systems, and which is not within one of the exceptions set forth in NRS 410.320, shall be removed not later than the end of the fifth year after it becomes nonconforming.

3. Any outdoor advertising sign, display or device located within 660 feet of the nearest edge of the right-of-way and visible from the main-traveled way of the interstate or primary highway system, and, in the case of any outdoor advertising sign, display or device located beyond 660 feet from the nearest edge of the right-of-way for interstate and primary highway systems, which is located outside of urban areas and placed with the purpose of having its message read from the main-traveled way of the interstate and primary highway systems, and which is lawfully maintained on or after February 20, 1972, but which subsequently becomes nonconforming with the provisions of NRS 410.220 to 410.410, inclusive, by reason of amendment of such provisions or change in regulations or agreements prescribed or entered into as authorized by NRS 410.220 to 410.410, inclusive, may be maintained until the end of the fifth year after it becomes nonconforming.

4. No compensation shall be paid upon removal of any outdoor advertising sign, display or device erected after February 20, 1972, which as a result thereof become nonconforming. However, such outdoor advertising sign, display or device shall be removed only when all other outdoor advertising signs, displays or devices existing on February 20, 1972, have been removed.

(Added to NRS by 1971, 1328; A 1975, 1180)

NRS 410.350 Removal of prohibited outdoor advertising: Compensation to owners of outdoor advertising and real property.

1. Just compensation shall be paid upon the removal of any outdoor advertising sign, display or device lawfully erected and maintained and removed in accordance with the requirements of NRS 410.340.

2. Such compensation shall be paid for the following:

(a) The taking from the owner of such sign, display or device of all right, title, leasehold and interest in and to such sign, display or device; and

(b) The taking from the owner of the real property on which the sign, display or device is located of the right to erect and maintain such existing signs, displays and devices.

3. Such compensation shall be paid by the State from the State Highway Fund, if a proportionate part of such compensation is reimbursable from federal funds in accordance with 23 U.S.C. § 131.

(Added to NRS by 1971, 1328; A 1975, 1181)

NRS 410.360 Violation constitutes public nuisance; abatement; recovery of costs; penalty.

1. Any outdoor advertising sign, display or device erected after February 20, 1972, which violates the provisions of NRS 410.220 to 410.410, inclusive, is hereby declared to be a public nuisance and the Director shall remove any such sign, display or device which is not removed before the expiration of 30 days after notice of the violation and demand for removal have been served personally or by registered or certified mail upon the landowner and the owner of the sign or their agents. Removal by the Department of the sign, display or device on the failure of the owners to comply with the notice and demand gives the Department a right of action to recover the expense of the removal, cost and expenses of suit.

2. Any person who erects or causes to be erected an outdoor advertising sign, display or device which violates the provisions of NRS 410.220 to 410.410, inclusive, shall pay to the Department:

(a) For the first violation, a fine of $50;

(b) For the second violation, a fine of $250;

(d) The reasonable costs of collection.

(Added to NRS by 1971, 1328; A 1977, 569; 1979, 1786; 1993, 898)

NRS 410.365 Remedies for obstruction of visibility of outdoor advertising structure by noise abatement project.

1. If any improvement project is caused to be constructed for purposes of noise abatement by the Department within the right-of-way of a controlled access freeway, which obstructs the visibility from the main-traveled way of the controlled access freeway of an outdoor advertising structure that adjoins the controlled access freeway, the Department shall:

(a) Authorize, with the consent of the affected city or county pursuant to chapter 278 of NRS and at no cost to the State or any local government, the owner of the outdoor advertising structure to adjust the height or angle of the structure to a height or angle that restores the visibility of the structure to the same or comparable visibility as before the construction of the improvement project;

(b) Authorize, with the consent of the affected city or county pursuant to chapter 278 of NRS and at no cost to the State or any local government, the owner of the outdoor advertising structure to relocate the structure to another location on the same parcel of land or on another parcel of land where the owner of the structure has secured the right to construct a structure pursuant to the applicable local ordinances in existence at that time and the relocation restores the visibility of the structure to the same or comparable visibility as before the construction of the improvement project;

(c) Evaluate the impact of the improvement project on the visibility of the outdoor advertising structure and may, in its discretion, implement design modifications to the project which maintain the integrity of the project and which eliminate the effect of the project on the visibility of the structure so that adjustments to or relocation of the structure are not required to maintain its visibility;

(d) Authorize, with the consent of the affected city or county pursuant to chapter 278 of NRS and at no cost to the State or any local government, any other relief which is consistent with the public health, safety and welfare and which is mutually agreed upon by the governing body of the affected city or county, the Department and the owner of the outdoor advertising structure; or

(e) If the actions described in paragraphs (a) to (d), inclusive, would not result in the same or comparable visibility of the structure, let the visibility of the structure remain obstructed.

2. Any action authorized pursuant to subsection 1 must comply with applicable federal and state statutes and regulations, agreements with the Federal Government or the State and, to the extent that their provisions do not conflict with this section, local ordinances governing the regulation of outdoor advertising structures.

3. The provisions of subsection 1 do not authorize the owner of an outdoor advertising structure to increase the size of the area of display of the structure.

4. The provisions of this section:

(a) Apply to lawfully erected conforming and nonconforming outdoor advertising structures;

(b) Are not intended to grant an express or implied right of light, air or view over a controlled access freeway if such a right is not otherwise provided by law;

(c) Do not apply to an outdoor advertising structure whose visibility was obstructed on or before June 6, 2005, by an improvement project for noise abatement;

(d) Do not change the designation of an existing nonconforming outdoor advertising structure from nonconforming to conforming; and

(e) Do not authorize an increase in the number of nonconforming outdoor advertising structures.

5. As used in this section:

(a) “Controlled access freeway” means every highway to or from which owners or occupants of abutting lands and other persons are prohibited from having direct private access, and where access is allowed only at interchanges; and

(b) “Outdoor advertising structure” means a billboard, subject to a permit issued by the Department, that is designed, intended or used to disseminate commercial and noncommercial messages that do not concern the premises upon which the billboard is located.

(Added to NRS by 2005, 981)

NRS 410.370 Safety rest area: Distribution of maps, directories and pamphlets; establishment of informational center. In order to provide information in the specific interest of the traveling public, the Director is authorized to maintain maps and to permit informational directories and advertising pamphlets to be made available at safety rest areas. The Director is also authorized to establish information centers at safety rest areas for the purpose of informing the public of places of interest within the State and providing such other information as the Director may consider desirable.

(Added to NRS by 1971, 1329; A 1979, 1786)

NRS 410.380 Informational sign, display or device within right-of-way. The Director may, in consultation with the Secretary of Transportation, provide within the right-of-way of the interstate highway system for areas at appropriate distances from interchanges at which signs, displays and devices giving specific information in the interest of the traveling public may be erected and maintained. Such signs must conform to national standards prescribed by the Secretary of Transportation.

(Added to NRS by 1971, 1329; A 1979, 1787)

NRS 410.390 Inventory of existing outdoor advertising; contents; penalty.

1. A person engaged in the business of outdoor advertising, which includes, but is not limited to, the erection, maintenance and selling of advertising space on and along the interstate and primary highways of this state, shall, not later than January 1, 1972, furnish to the Director a written inventory of all outdoor advertising signs, displays or devices erected and being maintained by such person. Such inventory must include, with respect to each such sign, not less than the following information:

(a) Location and dimensions of the sign;

(b) Distance from the nearest edge of the right-of-way;

(d) Name and address of the owner of the property on which the sign is located.

2. For failure to comply with the conditions set forth in this section the Board may declare such outdoor advertising signs, displays or devices to be a public nuisance and remove them in the manner provided by NRS 410.360.

(Added to NRS by 1971, 1329; A 1979, 1787; 1989, 1312)

NRS 410.400 Regulations; fee for permit; no fee for certain signs; disposition of fees.

1. The Board shall prescribe:

(a) Except as otherwise provided in paragraph (b), regulations governing the issuance of permits for advertising signs, displays or devices and for the inspection and surveillance of advertising signs, displays or devices;

(b) Regulations specifying the operational requirements for commercial electronic variable message signs which conform to any national standards promulgated by the Secretary of Transportation pursuant to 23 U.S.C. § 131; and

2. The Department shall assess a reasonable annual fee for each permit issued to recover administrative costs incurred by the Department in the issuance of the permits, and the inspection and surveillance of advertising signs, displays or devices.

3. No fee may be collected for any authorized directional sign, display or device, or for authorized signs, displays or devices erected by chambers of commerce, civic organizations or local governments, advertising exclusively any city, town or geographic area.

4. No fee may be collected for any temporary sign, display or device advertising for or against a candidate, political party or ballot question in an election if the sign, display or device is:

(a) Erected not more than 60 days before a primary election and concerns a candidate, party or question for that primary or the ensuing general election; and

(b) Removed within 30 days after:

(1) The primary election if the candidate, party or question is not to be voted on at the ensuing general election.

(2) The general election in any other case.

Ê The Department may summarily remove any temporary political sign for which no fee has been paid if the sign is erected before or remains after the times prescribed.

5. All fees collected pursuant to this section must be deposited with the State Treasurer for credit to the State Highway Fund.

6. As used in this section, “commercial electronic variable message sign” means a self-luminous or externally illuminated advertising sign which contains only static messages or copy which may be changed electronically.

(Added to NRS by 1971, 1329; A 1979, 436; 1981, 708; 1989, 1312; 2013, 567)

NRS 410.410 NRS 410.220 to 410.400, inclusive, supplementary to NRS 405.020 to 405.110, inclusive; federal reimbursement prerequisite to continued effectiveness. The provisions of NRS 410.220 to 410.400, inclusive:

1. Are supplementary to the provisions of NRS 405.020 to 405.110, inclusive. Where both such sets of provisions apply to any outdoor advertising sign, display or device, that set of provisions which prohibits the erection or maintenance of such sign, display or device or which imposes greater restrictions upon such sign, display or device shall prevail.

2. Shall remain effective only so long as federal-aid highway funds are apportioned to the State of Nevada and the Federal Government reimburses the State in accordance with 23 U.S.C. § 131 for its share of compensation required for the removal of outdoor advertising signs, displays and devices.

(Added to NRS by 1971, 1329)