Nevada Revised Statutes
Chapter 408 - Highways, Roads and Transportation Facilities
NRS 408.423 - Permit required to excavate state highway; exception; fee.


1. No state highway or right-of-way may be disturbed, dug up, crossed, encroached upon, discharged upon or otherwise used for the laying or re-laying of pipelines, ditches, flumes, sewers, poles, wires, approach roads, driveways, railways or for any other purpose, without the written permit of the Director, and then only in accordance with the conditions and regulations prescribed by the Director. All such work must be done under the supervision and to the satisfaction of the Director. All costs of replacing the highway in as good condition as previous to its being disturbed must be paid by the persons to whom or on whose behalf such permit was given or by the person by whom the work was done.
2. In case of immediate necessity therefor, a city or town may dig up a state highway without a permit from the Director, but in such cases the Director must be first notified and the highway must be replaced forthwith in as good condition as before at the expense of such city or town.
3. The Department shall charge each applicant a reasonable fee for all administrative costs incurred by the Department in acting upon an application for a permit, including costs for the preparation and inspection of a proposed encroachment.
(Added to NRS by 1957, 689; A 1979, 1777; 1981, 707; 2015, 2139)

Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 408 - Highways, Roads and Transportation Facilities

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 408.042 - "Conveyance system" defined.

NRS 408.045 - "Department" defined.

NRS 408.046 - "Director" defined.

NRS 408.0465 - "Discharge" 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.

NRS 408.106 - Creation; Board of Directors.

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.

NRS 408.119 - Governor authorized to direct naming of state highway, road, bridge or transportation facility after deceased member of Armed Forces of United States; duties of Director.

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.

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; telecommunications facilities within rights-of-way; 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.

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.

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 su...

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; semiannu...

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.

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.

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.

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.

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 users of roadways of all ages and abilities, bicycle lanes, various services for bicycles, motor vehicle recovery lanes 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; final inspections; substitution of certain obligations for retained payments; period for dispersal of money by contractor to subcontractors; rate of interest on delinquent dispersal; pr...

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

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 Di...

NRS 408.38722 - Legislative findings and declaration. [Effective through December 31, 2021.] Legislative findings and declaration. [Effective January 1, 2022, and expires by limitation on the earlier of September 30, 2023, or the date 90 days after t...

NRS 408.38724 - Department to establish goals for awarding contracts; regulations. [Effective through December 31, 2021.] Department to establish goals for awarding contracts; regulations. [Effective January 1, 2022, and expires by limitation on the...

NRS 408.38726 - Duties of Department: Review of information regarding goals; biennial report; discontinuation statement and report. [Effective through December 31, 2021.] Duties of Department: Review of information regarding goals; biennial report; d...

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 Couns...

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; applicability of prevailing wage requirements to projects; duties of de...

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

NRS 408.3888 - Certain submittals confidential until notice of intent to award contract is issued.

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.

NRS 408.439 - Advisory Committee on Transportational Storm Water Management: Creation; members and appointing authority; chair; terms; vacancies; meetings; duties; required reports.

NRS 408.441 - Discharge of pollutant upon highway or right-of-way prohibited in certain circumstances; abatement, removal or remediation required upon receipt of compliance order; remedies available to Department.

NRS 408.442 - Entry and inspection of premises.

NRS 408.444 - Violations: Remedies; exception.

NRS 408.446 - Violations: Director authorized to issue order for compliance; exception.

NRS 408.448 - Violations: Injunctive relief; exception.

NRS 408.449 - Violations: Civil penalty; exceptions.

NRS 408.451 - Director to conduct independent investigation before determining whether to take certain corrective actions; exception.

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.

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; establishme...

NRS 408.5484 - Certain submittals confidential until notice of intent to award contract is issued.

NRS 408.5485 - Contract for transportation services.

NRS 408.549 - Federal, state or local assistance.

NRS 408.5501 - Definitions.

NRS 408.55011 - "Council" defined.

NRS 408.55012 - "Longitudinal access" defined.

NRS 408.55013 - "Permit" defined.

NRS 408.55014 - "Right-of-way" defined.

NRS 408.55015 - "Statewide telecommunications purposes" defined.

NRS 408.55016 - "Telecommunications facility" defined.

NRS 408.55017 - "Telecommunications provider" defined.

NRS 408.55018 - "Utility facility" defined.

NRS 408.55019 - "Wireless access" defined.

NRS 408.5502 - Agreement required for longitudinal or wireless access to right-of-way by telecommunications provider; requirements for agreement; compensation required; types of compensation allowed.

NRS 408.55021 - Longitudinal or wireless access not granted where safety, efficiency or convenience of use by traveling public compromised.

NRS 408.55022 - Costs of trenching and trench sharing to be proportionate and shared fairly among parties to agreement.

NRS 408.55023 - Monetary compensation must be deposited in State Highway Fund; in-kind compensation must be fairly valued by Department and used for statewide telecommunications purposes.

NRS 408.55024 - Department may offer use of and access to spare conduit and related facilities to telecommunications provider: Requirements; compensation rates; duties of Department.

NRS 408.55025 - In-kind compensation: Types; valuation by Department.

NRS 408.55026 - Two or more telecommunications providers: Agreements must require shared obligation for compensation; joint and several liability; Department authorized to audit and review relevant records.

NRS 408.55027 - Existing policies and procedures relating to utilities in rights-of-way not altered; factors Department may consider to determine insurance requirements; authority of Department to determine or dictate placement of telecommunications...

NRS 408.55028 - Telecommunications Advisory Council: Creation; members; meetings; compensation; duties.

NRS 408.55029 - Regulations.

NRS 408.55048 - Definitions.

NRS 408.55049 - "Bank" defined.

NRS 408.55051 - "Board of Directors" defined.

NRS 408.550515 - "Digital infrastructure" defined.

NRS 408.55052 - "Eligible costs" defined.

NRS 408.55053 - "Eligible project" defined.

NRS 408.55054 - "Executive Director" defined.

NRS 408.55055 - "Federal accounts" defined.

NRS 408.55056 - "Financing agreement" defined.

NRS 408.55057 - "Governmental unit" defined.

NRS 408.55058 - "Loan" defined.

NRS 408.55059 - "Loan obligation" defined.

NRS 408.55061 - "Other financial assistance" defined.

NRS 408.550615 - "Other infrastructure related to economic development" defined.

NRS 408.55062 - "Project revenue" defined.

NRS 408.55063 - "Qualified borrower" defined.

NRS 408.55064 - "Qualified project" defined.

NRS 408.550643 - "Recycling and sustainability infrastructure" defined.

NRS 408.550645 - "Renewable energy infrastructure" defined.

NRS 408.550647 - "Social infrastructure" defined.

NRS 408.55065 - "State and local accounts" defined.

NRS 408.55066 - "Transportation facility" defined.

NRS 408.55067 - "Utility" defined.

NRS 408.55068 - "Utility infrastructure" defined.

NRS 408.550685 - "Water and wastewater infrastructure" defined.

NRS 408.55069 - Nevada State Infrastructure Bank: Creation; purpose; Board of Directors; meetings; quorum; compensation of members.

NRS 408.55071 - Board of Directors: Powers; duties; limitations on conduct of Bank.

NRS 408.55072 - Executive Director: Appointed by Governor; duties; powers; compensation.

NRS 408.55073 - Nevada State Infrastructure Bank Fund: Creation; administration by Board of Directors; establishment of accounts; acceptable deposits; compliance with federal laws; requirements for investment of earnings; authorized uses for money in...

NRS 408.55074 - Loans: Application required; Executive Director to review applications; required terms of loans; Bank to determine form and content of applications, financing agreements and loan obligations; federal requirements.

NRS 408.55075 - Qualified borrower: Required entry into financing agreement to obtain loan or other financial assistance; authorized uses of loan proceeds.

NRS 408.55076 - Bank may provide insurance or reinsurance of loans; duties; requirements.

NRS 408.55077 - Permissible forms of security for issuance of revenue bonds by Bank.

NRS 408.55078 - Obligation to third person by Bank: Limitations; requirements.

NRS 408.55079 - Failure of qualified borrower to remit full amount due: Notice; withholding of money allotted or appropriated to borrower; exceptions.

NRS 408.55081 - Immunity from civil liability for certain persons.

NRS 408.55082 - Bank not required to provide notice or hearing before performing certain acts.

NRS 408.55083 - Bank exempt from taxation.

NRS 408.55084 - Bonds and other securities issued by Bank exempt from taxation.

NRS 408.55085 - Qualified borrower retains right to issue bonds.

NRS 408.55086 - Relation to other law.

NRS 408.55087 - Required reports.

NRS 408.55088 - Governmental units authorized to provide technical advice, support and assistance to Bank.

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 authorized along certain frequently traveled highways.

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.

NRS 408.581 - Creation; members; terms; vacancies; Chair and Vice Chair; meetings; quorum; compensation; administrative support; powers and duties.

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