GENERAL PROVISIONS

NRS 408.010. Short title.

NRS 408.015. Rules of construction.

NRS 408.020. Definitions.

NRS 408.033. “Board” defined.

NRS 408.037. “Business” defined.

NRS 408.040. “City” defined.

NRS 408.045. “Department” defined.

NRS 408.046. “Director” defined.

NRS 408.047. “Displaced person” defined.

NRS 408.050. “Encroachment” defined.

NRS 408.056. “Family” defined.

NRS 408.057. “Farm operation” defined.

NRS 408.058. “Farmer” defined.

NRS 408.059. “Federal-aid highways” defined.

NRS 408.060. “Freeway” defined.

NRS 408.065. “Frontage road” defined.

NRS 408.067. “Grade line” defined.

NRS 408.070. “Highway” defined.

NRS 408.077. “Planning agency” defined.

NRS 408.078. “Public lands” defined.

NRS 408.080. “Rights-of-way” defined.

NRS 408.090. “Shall” and “may” construed.

NRS 408.095. “Town” defined.

NRS 408.100. Declaration of legislative intent.

DEPARTMENT OF TRANSPORTATION

General Provisions

NRS 408.106. Creation; Board of Directors. [Effective through December 31, 2013.]

NRS 408.106. Creation; Board of Directors. [Effective January 1, 2014.]

NRS 408.111. Composition; heads of divisions.

NRS 408.115. Office.

NRS 408.116. Legal actions; process.

NRS 408.118. Study of operations of Department: Legislative approval required.

Board of Directors

NRS 408.121. Adoption and use of seal; appointment and duties of Secretary.

NRS 408.126. Meetings.

NRS 408.131. Duties.

NRS 408.133. Plan for measuring performance of Department; report on level of achievement.

NRS 408.141. Rules; agreements with other states; designation of alternate routes for transportation of hazardous material.

NRS 408.146. Sale or lease of certain water rights to public utility; reconveyance.

NRS 408.151. Loans from financial institutions; limitations.

Director and Other Employees

NRS 408.160. Director: Appointment; term.

NRS 408.163. Director: Qualifications; classification.

NRS 408.170. Director: Other employment prohibited; removal.

NRS 408.172. Chief Counsel: Appointment; assistants; duties; classification.

NRS 408.175. Employment of Deputy Directors and other personnel; restrictions on other employment of Deputy Directors.

NRS 408.178. Qualifications and classifications of Deputy Directors and Chief Engineer.

NRS 408.180. Oaths of Director and Deputy Directors.

NRS 408.185. Facsimile signatures of Director and Deputy Directors.

NRS 408.190. Duties of Director: General plan of highways; information, statistics and maps.

NRS 408.195. Duties of Director: General supervision of highways.

NRS 408.200. Duties of Director: Standards for construction and maintenance; cooperation with county officers.

NRS 408.201. Duties of Director: Policies for use of recycled materials in highways.

NRS 408.203. Duties of Director: Reports to Legislature.

NRS 408.205. Powers of Director: Execution of instruments and documents; deductions from wages of officers and employees for purchase of United States Savings Bonds or similar obligations.

NRS 408.210. Powers of Director: Closing and construction of highways; removal of encroachments.

NRS 408.212. Powers of Director: Easements for monorail or other systems of transportation.

NRS 408.213. Powers of Director: Designation of highway as scenic route; adoption of regulations.

NRS 408.214. Duties of Director: Designation of restricted highways.

NRS 408.215. Duties of Director: Records; index of deeds; regulations.

NRS 408.220. Duties of Director: Reports to Board.

NRS 408.225. Powers of Director: Purchase and rental of and contracts for equipment, supplies and services.

NRS 408.228. Highway Safety Information and Outreach Coordinator: Creation; duties; authority to provide certain grants.

Planning

NRS 408.233. Planning Division: Responsibilities and duties; operation of railroad or airport prohibited.

NRS 408.234. Motor Vehicle Recovery and Transportation Planner: Creation; duties.

FINANCING HIGHWAYS AND ROADS

NRS 408.235. State Highway Fund: Creation; sources; uses; payment of bills; limitations on use of bond proceeds and taxes ad valorem; limitations on use of lease fees. [Effective until the date that the balance of the separate account required by subsection 8 of this section is reduced to zero.]

NRS 408.235. State Highway Fund: Creation; sources; uses; payment of bills; limitations on use of bond proceeds and taxes ad valorem. [Effective on the date that the balance of the separate account maintained for money deposited pursuant to NRS 482.313 is reduced to zero.]

NRS 408.240. State Highway Revolving Account: Establishment; use; warrants; deposit; transfers to State Highway Fund.

NRS 408.242. Establishment of nonreverting account for construction, reconstruction, improvement and maintenance of public roads consisting of money transferred from Fund for Cleaning Up Discharges of Petroleum and money from other sources; semiannual allocation of balance of account.

NRS 408.245. Acceptance of federal acts.

NRS 408.250. Federal acts: State highways; contracts; pledge to match federal money.

NRS 408.255. Federal acts: Secondary and feeder highways; contracts; pledge to match federal money.

NRS 408.260. Federal lands: Construction and maintenance of highways; availability of federal money.

NRS 408.265. Federal money deposited in State Highway Fund.

NRS 408.270. Vouchers for payment; temporary transfer of money from State General Fund to State Highway Fund.

NRS 408.271. Department may expend money to conduct studies and match federal money for capital acquisitions.

NRS 408.273. Issuance of bonds.

NRS 408.275. Surveys, maps and studies of traffic; roadside parks; rest areas; receipt of federal money; regulations.

NRS 408.280. Program for work on highways: Contents; distribution.

NRS 408.281. Program for work on highways: Inclusion of designated projects for use of recycled products.

IMPROVEMENT OF COUNTY ROADS

NRS 408.283. Cooperative agreements between Department of Transportation and county commissioners.

NRS 408.2831. Contents of agreement.

NRS 408.2832. Priority of improvement projects; determination of ability of county to perform.

NRS 408.2833. Standards for project.

STATE HIGHWAY SYSTEM

NRS 408.285. State highways; designation of other highways and roads as state highways and state routes; route numbers; roads for state parks.

NRS 408.290. Procedure for establishment of new routes.

NAMES AND MARKERS OF HIGHWAYS

NRS 408.303. U.S. Highway No. 6 designated as Grand Army of the Republic Highway; placement of markers.

NRS 408.307. Comstock Highway: Designation; placement of markers.

NRS 408.309. Designation of Route 94.

CONSTRUCTION, IMPROVEMENT AND MAINTENANCE OF HIGHWAYS

General Provisions

NRS 408.313. Manner of construction; use of recycled materials.

NRS 408.317. Supervision of work by Director; payments from State Highway Fund.

NRS 408.319. Report of projects for construction and maintenance: Preparation; contents; revision; public inspection.

NRS 408.3195. Written analysis of costs and benefits of proposed highway projects: Contents; availability to Board and public.

NRS 408.321. Consideration of motor vehicle recovery lanes, bicycle lanes, various services for bicycles and turnouts for slower vehicles.

NRS 408.323. Conditions for execution of work without contract; work resulting from disaster or emergency.

NRS 408.327. Advertisement for bids; publication.

NRS 408.333. Bids and bidders: Experience and financial ability; disqualification; hearing upon disqualification; appeal of decision.

NRS 408.337. Bids and bidders: Security; forfeiture; refunds.

NRS 408.343. Bids and bidders: Procedure for award of contract; regulations.

NRS 408.346. Monetary incentive for early completion of contract.

NRS 408.347. Execution of contract in name of State; copies filed with Department and county commissioners.

NRS 408.353. Interest of member of Board, officer or employee prohibited; exception; voidability; penalties.

NRS 408.354. Contract awarded to railroad company may provide under certain circumstances that railroad company is exempt from requirements concerning bonds.

NRS 408.357. Bids and bidders: Bonds required of successful bidders; exception; conditions; sureties.

NRS 408.363. Claims against contractor’s bond; action against surety.

NRS 408.367. Project not exceeding $250,000: Solicitation and rejection of bids; quarterly reports; public records; bonds.

NRS 408.373. Contractor: Compliance with state laws concerning workers’ compensation and unemployment compensation; compliance with other laws.

NRS 408.377. Subcontractor: Approval; compliance with laws.

NRS 408.379. Subcontractor: State business license required.

NRS 408.383. Contractor: Partial payments; percentage retained; substitution of certain obligations for retained payments; period for dispersal of money by contractor to subcontractors; rate of interest on delinquent dispersal; procedure for resolution of dispute over dispersal.

NRS 408.387. Contract: Publication of notice of final acceptance; final settlement.

Disadvantaged Business Enterprises

NRS 408.3872. “Disadvantaged business enterprise” defined. [Expires by limitation on the earlier of September 30, 2023, or the date 90 days after the date on which the Director of the Department of Transportation transmits to the Governor and the Director of the Legislative Counsel Bureau the statement and report required by subsection 3 of NRS 408.38726.]

NRS 408.38722. Legislative findings and declaration. [Expires by limitation on the earlier of September 30, 2023, or the date 90 days after the date on which the Director of the Department of Transportation transmits to the Governor and the Director of the Legislative Counsel Bureau the statement and report required by subsection 3 of NRS 408.38726.]

NRS 408.38724. Department to establish goals for awarding contracts; regulations. [Expires by limitation on the earlier of September 30, 2023, or the date 90 days after the date on which the Director of the Department of Transportation transmits to the Governor and the Director of the Legislative Counsel Bureau the statement and report required by subsection 3 of NRS 408.38726.]

NRS 408.38726. Duties of Department: Review of information regarding goals; biennial report; discontinuation statement and report. [Expires by limitation on the earlier of September 30, 2023, or the date 90 days after the date on which the Director of the Department of Transportation transmits to the Governor and the Director of the Legislative Counsel Bureau the statement and report required by subsection 3 of NRS 408.38726.]

NRS 408.38728. Regulations. [Expires by limitation on the earlier of September 30, 2023, or the date 90 days after the date on which the Director of the Department of Transportation transmits to the Governor and the Director of the Legislative Counsel Bureau the statement and report required by subsection 3 of NRS 408.38726.]

Design-Build Contracts

NRS 408.3875. Definitions.

NRS 408.3876. “Design-build contract” defined.

NRS 408.3877. “Design-build team” defined.

NRS 408.3878. “Prime contractor” defined.

NRS 408.3879. “Project” defined.

NRS 408.388. Projects for which Department may contract with design-build team.

NRS 408.3881. Public meeting; notice.

NRS 408.3882. Procedure for selecting design-build team.

NRS 408.3883. Request for preliminary proposals: Advertisement by Department; publication; information available for inspection by design-build teams.

NRS 408.3884. Qualifications of design-build team.

NRS 408.3885. Procedure for selecting finalists from among design-build teams that submitted preliminary proposals.

NRS 408.3886. Requests for final proposals and best and final offers: Selection or rejection of proposal or offer; contents of contract between Department and design-build team; duties of design-build team.

NRS 408.3887. Employment of architect or engineer as consultant during construction.

Miscellaneous Provisions

NRS 408.389. Approval of Board of Directors required for purchase of certain equipment; analysis of costs and benefits of purchase and alternatives.

NRS 408.393. Enforcement of laws concerning labor; charges for transportation and meals; penalty; exception.

NRS 408.397. Procedure for diversion or change of route of highway.

NRS 408.403. Freeways.

NRS 408.407. Reimbursement of utility by State for relocation of facility located on or near certain highways.

NRS 408.413. Improvement of state highway Route No. 81.

NRS 408.417. Guideposts, signs and markers: Erection; metric units; penalty for destruction; liability for costs of repair and replacement.

NRS 408.423. Permit required to excavate state highway; exception; fee.

NRS 408.427. Unauthorized crossing, removal or destruction of control-of-access fence or barrier on highway: Injunction; recovery of expenses of restoration.

NRS 408.433. Roadside parks and rest areas: Unlawful acts; penalties.

ACQUISITION AND DISPOSAL OF PROPERTY FOR HIGHWAYS

NRS 408.487. Acquisition of property: Purposes.

NRS 408.489. Acquisition of property: Manner; costs.

NRS 408.493. Acquisition of property: Survey and location of right-of-way; judicial order permitting entry for examination and appraisal.

NRS 408.497. Construction, alteration or improvement of highway: Claim for damage to land or interests; proceeding in inverse condemnation.

NRS 408.503. Eminent domain: Resolution by Board; precedence over other legal actions.

NRS 408.507. Lease or rental of property.

NRS 408.513. Acquisition of property by towns and cities; costs; transfer of interest to State.

NRS 408.517. Acquisition of property by counties; costs; transfer of interest to State.

NRS 408.523. Summary vacation and abandonment of portion of state highway superseded by relocation or in excess of needs; resolution of Board; recordation.

NRS 408.527. Procedure for relinquishment of roadways; regulations.

NRS 408.533. Disposal of property.

NRS 408.537. State consent to close public road on public land: Application; notice; duties of planning agencies.

NRS 408.543. State consent to close public road on public land: Duties of Department.

NRS 408.547. State consent to close public road on public land: Determination by Board; approval by inaction; certificate of consent.

TRANSPORTATION FACILITIES

NRS 408.5471. “Transportation facility” defined.

NRS 408.5473. Authority of Department to authorize transportation facilities.

NRS 408.5475. Submission of request to Department; contents of request.

NRS 408.548. Authority of Department to request submission of proposals; regulations.

NRS 408.5483. Approval of request or proposal: Determination of public purpose; staff reports; copy of request or proposal to be furnished to affected governmental entities; fee; approval contingent on entering agreement with Department; establishment of date for development of or commencement of construction of transportation facility.

NRS 408.5485. Contract for transportation services.

NRS 408.549. Federal, state or local assistance.

INFORMATION AND ASSISTANCE FOR TRAVELERS

NRS 408.551. “Center” defined.

NRS 408.553. Designation of locations for signs and centers.

NRS 408.557. Regulations.

NRS 408.559. Development and review of plan.

NRS 408.561. Toll-free telephone system for public accommodations; apportionment of costs.

NRS 408.562. Director’s recommendations for programs: Approval by Board; funding.

NRS 408.563. Agreements with governmental agencies or others.

NRS 408.567. Account for Systems of Providing Information to the Traveling Public: Creation; sources; use.

NRS 408.569. System of communication to report emergencies and to obtain information concerning conditions for driving required along certain frequently traveled highways.

BICYCLE AND PEDESTRIAN SAFETY

NRS 408.571. Educational program: Duty of Department to develop; content.

NRS 408.573. Nevada Bicycle and Pedestrian Advisory Board: Creation; appointment, terms and compensation of members.

NRS 408.577. Nevada Bicycle and Pedestrian Safety Advisory Board: Duties; gifts, grants and donations; Department to provide secretarial services.

NRS 408.579. Electric bicycles authorized for use on trails or walkways intended for use by bicycles.

MISCELLANEOUS PROVISIONS

NRS 408.601. Permits to solicit charitable contributions while standing on median strip of highway or sidewalk adjacent to highway.