§ 408.210 — Powers of Director: Closing and construction of highways; removal of encroachments

Nevada § 408.210

• Jurisdiction: Nevada
• Title 35: HIGHWAYS; ROADS; BRIDGES; PARKS; OUTDOOR
• Ch. 408: Highways,

Text

1. Except as otherwise provided in NRS 484D.655 , the Director of the Department of Transportation may restrict the use of, or close, any highway whenever the Director considers the closing or restriction of use necessary:
(a) For the protection of the public.
(b) For the protection of such highway from damage during storms or during construction, reconstruction, improvement or maintenance operations thereon.
(c) To promote economic development or tourism in the best interest of the State or upon the written request of the Executive Director of the Office of Economic Development or the Director of the Department of Tourism and Cultural Affairs.
2. The Director of the Department of Transportation may:
(a) Divide or separate any highway into separate roadways, wherever there is particular danger to the traveling public of crashes between vehicles proceeding in opposite directions or from vehicular turning movements or cross-traffic, by constructing curbs, central dividing sections or other physical dividing lines, or by signs, marks or other devices in or on the highway appropriate to designate the dividing line.
(b) Lay out and construct frontage roads on and along any highway or freeway and divide and separate any such frontage road from the main highway or freeway by means of curbs, physical barriers or by other appropriate devices.
3. Except as otherwise provided in NRS 408.441 to 408.451 , inclusive, the Director may remove from the highways any unlicensed encroachment which is not removed, or the removal of which is not commenced and thereafter diligently prosecuted, within 5 days after personal service of notice and demand upon the owner of the encroachment or the owner’s agent. In lieu of personal service upon that person or agent, service of the notice may also be made by registered or certified mail and by posting, for a period of 5 days, a copy of the notice on the encroachment described in the notice. Removal by the Department of the encroachment on the failure of the owner 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, and in addition thereto the sum of $750 for each day the encroachment remains beyond 5 days after the service of the notice and demand.
4. If the Director determines that the interests of the Department are not compromised by a proposed or existing encroachment, the Director may issue a license to the owner or the owner’s agent permitting an encroachment on the highway. Such a license is revocable and must provide for relocation or removal of the encroachment in the following manner. Upon notice from the Director to the owner of the encroachment or the owner’s agent, the owner or agent may propose a time within which he or she will relocate or remove the encroachment as required. If the Director and the owner or the owner’s agent agree upon such a time, the Director shall not himself or herself remove the encroachment unless the owner or the owner’s agent has failed to do so within the time agreed. If the Director and the owner or the owner’s agent do not agree upon such a time, the Director may remove the encroachment at any time later than 30 days after the service of the original notice upon the owner or the owner’s agent. Service of notice may be made in the manner provided by subsection 3. Removal of the encroachment by the Director gives the Department the right of action provided by subsection 3, but the penalty must be computed from the expiration of the agreed period or 30-day period, as the case may be.

Legislative History

(Added to NRS by 1957, 669 ; A 1967, 824 ; 1969, 95 ; 1979, 1766 ; 1985, 619 ; 2007, 1001 ; 2011, 2982 , 3470 ; 2013, 91 ; 2015, 1671 , 2138 )