Nevada Land Surveying Licensing Law

Nevada Code · 318 sections

The following is the full text of Nevada’s land surveying licensing law statutes as published in the Nevada Code. For the official version, see the Nevada Legislature.

NRS 104.2515

NRS

104.2515

Preserving evidence of goods in dispute.

In furtherance of the adjustment of any claim or dispute:

Either party on reasonable notification to the other and for the purpose of ascertaining the facts and preserving evidence has the right to inspect, test and sample the goods, including such of them as may be in the possession or control of the other; and
The parties may agree to a third party inspection or survey to determine the conformity or condition of the goods and may agree that the findings shall be binding upon them in any subsequent litigation or adjustment.

(Added to NRS by 1965, 804 )

Part 6

Breach, Repudiation and Excuse

NRS 108.22104

NRS

108.22104

Agent of the owner defined.

Agent of the owner means every architect, builder, contractor, engineer, geologist, land surveyor, lessee, miner, subcontractor or other person having charge or control of the property, improvement or work of improvement of the owner, or any part thereof.

(Added to NRS by 2003, 2587 )

NRS 108.2214

NRS

108.2214

Lien claimant defined.

Lien claimant means any person who provides work, material or equipment with a value of $500 or more to be used in or for the construction, alteration or repair of any improvement, property or work of improvement. The term includes, without limitation, every artisan, builder, potential claimant under NRS 608.150 , contractor, laborer, lessor or renter of equipment, materialman, miner, subcontractor or other person who provides work, material or equipment, and any person who performs services as an architect, engineer, land surveyor or geologist, in relation to the improvement, property or work of improvement.

(Added to NRS by 2003, 2588 ; A 2007, 660 ; 2015, 1932 ; 2017, 1210 )

NRS 108.22184

NRS

108.22184

Work defined.

Work means the planning, design, geotechnical and environmental investigations, surveying, labor and services provided by a lien claimant for the construction, alteration or repair of any improvement, property or work of improvement whether the work is completed or partially completed.

(Added to NRS by 2003, 2589 )

NRS 11.2565

NRS

11.2565

Action involving nonresidential construction defined.

Action involving nonresidential construction means an action that:

(a) Is commenced against a design professional; and

(b) Involves the design, construction, manufacture, repair or landscaping of a nonresidential building or structure, of an alteration of or addition to an existing nonresidential building or structure, or of an appurtenance, including, without limitation, the design, construction, manufacture, repair or landscaping of a new nonresidential building or structure, of an alteration of or addition to an existing nonresidential building or structure, or of an appurtenance.

Ê The term includes, without limitation, an action for professional negligence.

As used in this section:

(a) Appurtenance means a structure, installation, facility, amenity or other improvement that is appurtenant to or benefits one or more nonresidential buildings or structures, but is not a part of the nonresidential building or structure. The term includes, without limitation, the parcel of real property, recreational facilities, walls, sidewalks, driveways, landscaping and other structures, installations, facilities and amenities associated with or benefiting one or more nonresidential buildings or structures.

(b) Design professional means a person who holds a professional license or certificate issued pursuant to chapter 623 , 623A

or 625 of NRS or a person primarily engaged in the practice of professional engineering, land surveying, architecture or landscape architecture.

(Added to NRS by 2007, 646 )

NRS 11.258

NRS

11.258

Attorney required to consult expert; required affidavit of attorney; required report of expert.

Except as otherwise provided in subsection 2, in an action involving nonresidential construction, the attorney for the complainant shall file an affidavit with the court concurrently with the service of the first pleading in the action stating that the attorney:

(a) Has reviewed the facts of the case;

(b) Has consulted with an expert;

(c) Reasonably believes the expert who was consulted is knowledgeable in the relevant discipline involved in the action; and

(d) Has concluded on the basis of the review and the consultation with the expert that the action has a reasonable basis in law and fact.

The attorney for the complainant may file the affidavit required pursuant to subsection 1 at a later time if the attorney could not consult with an expert and prepare the affidavit before filing the action without causing the action to be impaired or barred by the statute of limitations or repose, or other limitations prescribed by law. If the attorney must submit the affidavit late, the attorney shall file an affidavit concurrently with the service of the first pleading in the action stating the reason for failing to comply with subsection 1 and the attorney shall consult with an expert and file the affidavit required pursuant to subsection 1 not later than 45 days after filing the action.
In addition to the statement included in the affidavit pursuant to subsection 1, a report must be attached to the affidavit. Except as otherwise provided in subsection 4, the report must be prepared by the expert consulted by the attorney and must include, without limitation:

(a) The resume of the expert;

(b) A statement that the expert is experienced in each discipline which is the subject of the report;

(c) A copy of each nonprivileged document reviewed by the expert in preparing the report, including, without limitation, each record, report and related document that the expert has determined is relevant to the allegations of negligent conduct that are the basis for the action;

(d) The conclusions of the expert and the basis for the conclusions; and

(e) A statement that the expert has concluded that there is a reasonable basis for filing the action.

In an action in which an affidavit is required to be filed pursuant to subsection 1:

(a) The report required pursuant to subsection 3 is not required to include the information set forth in paragraphs (c) and (d) of subsection 3 if the complainant or the complainants attorney files an affidavit, at the time that the affidavit is filed pursuant to subsection 1, stating that he or she made reasonable efforts to obtain the nonprivileged documents described in paragraph (c) of subsection 3, but was unable to obtain such documents before filing the action;

(b) The complainant or the complainants attorney shall amend the report required pursuant to subsection 3 to include any documents and information required pursuant to paragraph (c) or (d) of subsection 3 as soon as reasonably practicable after receiving the document or information; and

(c) The court may dismiss the action if the complainant and the complainants attorney fail to comply with the requirements of paragraph (b).

An expert consulted by an attorney to prepare an affidavit pursuant to this section must not be a party to the action.
As used in this section, expert means a person who is licensed in a state to engage in the practice of professional engineering, land surveying, architecture or landscape architecture.

(Added to NRS by 2007, 647 )

NRS 113.065

NRS

113.065

Required disclosures upon sale of home or improved lot adjacent to open range; disclosures constitute affirmative defense in action resulting from presence of certain rights-of-way or of livestock entering property.

Before the purchaser of a home or an improved or unimproved lot that is adjacent to open range signs a sales agreement, the seller shall, by separate written document, disclose to the purchaser:

(a) Information regarding grazing on the open range. The written document must contain a statement with the following language:

This property is adjacent to open range on which livestock are permitted to graze or roam. Unless you construct a fence that will prevent livestock from entering this property, livestock may enter the property and you will not be entitled to collect damages because the livestock entered the property. Regardless of whether you construct a fence, it is unlawful to kill, maim or injure livestock that have entered this property.

(b) That the parcel may be subject to claims made by a county or this State of rights-of-way granted by Congress over public lands of the United States not reserved for public uses in chapter 262, section 8, 14 Statutes 253 (former 43 U.S.C. § 932, commonly referred to as R.S. 2477), and accepted by general public use and enjoyment before, on or after July 1, 1979, or other rights-of-way. Such rights-of-way may be:

(1) Unrecorded, undocumented or unsurveyed; and

(2) Used by persons, including, without limitation, miners, ranchers or hunters, for access or recreational use, in a manner which interferes with the use and enjoyment of the parcel.

The seller shall:

(a) Retain a copy of the disclosure document that has been signed by the purchaser acknowledging the date of receipt by the purchaser of the original document;

(b) Provide a copy of the signed disclosure document to the purchaser; and

(c) Record, in the office of the county recorder in the county where the property is located, the original disclosure document that has been signed by the purchaser.

Compliance with this section by a seller constitutes an affirmative defense in any action brought against the seller by the purchaser based upon any damages allegedly suffered as the result of the presence of the rights-of-way described in subsection 1 or of livestock entering the property.
As used in this section, open range has the meaning ascribed to it in NRS 568.355 .

(Added to NRS by 2001, 17 ; A 2009, 670 )

NRS 113.150

NRS

113.150

Remedies for sellers delayed disclosure or nondisclosure of defects in property; waiver.

If a seller or the sellers agent fails to serve a completed disclosure form in accordance with the requirements of NRS 113.130 , the purchaser may, at any time before the conveyance of the property to the purchaser, rescind the agreement to purchase the property without any penalties.
If, before the conveyance of the property to the purchaser, a seller or the sellers agent informs the purchaser or the purchasers agent, through the disclosure form or another written notice, of a defect in the property of which the cost of repair or replacement was not limited by provisions in the agreement to purchase the property, the purchaser may:

(a) Rescind the agreement to purchase the property at any time before the conveyance of the property to the purchaser; or

(b) Close escrow and accept the property with the defect as revealed by the seller or the sellers agent without further recourse.

Rescission of an agreement pursuant to subsection 2 is effective only if made in writing, notarized and served not later than 4 working days after the date on which the purchaser is informed of the defect:

(a) On the holder of any escrow opened for the conveyance; or

(b) If an escrow has not been opened for the conveyance, on the seller or the sellers agent.

Except as otherwise provided in subsection 5, if a seller conveys residential property to a purchaser without complying with the requirements of NRS 113.130 or otherwise providing the purchaser or the purchasers agent with written notice of all defects in the property of which the seller is aware, and there is a defect in the property of which the seller was aware before the property was conveyed to the purchaser and of which the cost of repair or replacement was not limited by provisions in the agreement to purchase the property, the purchaser is entitled to recover from the seller treble the amount necessary to repair or replace the defective part of the property, together with court costs and reasonable attorneys fees. An action to enforce the provisions of this subsection must be commenced not later than 1 year after the purchaser discovers or reasonably should have discovered the defect or 2 years after the conveyance of the property to the purchaser, whichever occurs later.
A purchaser may not recover damages from a seller pursuant to subsection 4 on the basis of an error or omission in the disclosure form that was caused by the sellers reliance upon information provided to the seller by:

(a) An officer or employee of this State or any political subdivision of this State in the ordinary course of his or her duties; or

(b) A contractor, engineer, land surveyor, certified inspector as defined in NRS 645D.040 or pesticide applicator, who was authorized to practice that profession in this State at the time the information was provided.

A purchaser of residential property may waive any of his or her rights under this section. Any such waiver is effective only if it is made in a written document that is signed by the purchaser and notarized.

(Added to NRS by 1995, 843 ; A 1997, 350 , 1797 )

NRS 116.2109

NRS

116.2109

Plats.

Plats are a part of the declaration, and are required for all common-interest communities except cooperatives. Each plat must be clear and legible and contain a certification that the plat contains all information required by this section.
Each plat must comply with the provisions of chapter 278 of NRS and show:

(a) The name and a survey of the area which is the subject of the plat;

(b) A sufficient description of the real estate;

(d) The location and dimensions of all easements having a specific location and dimension which serve or burden any portion of the common-interest community;

(e) The location and dimensions, with reference to an established datum, of any vertical unit boundaries and that units identifying number;

(f) The location with reference to an established datum of any horizontal unit boundaries not shown or projected on plats recorded pursuant to subsection 3 and that units identifying number; and

(g) The location and dimensions of limited common elements, including porches, balconies and patios, other than parking spaces and the other limited common elements described in subsections 2 and 4 of NRS 116.2102 .

The plats must show or project any units in which the declarant has reserved the right to create additional units or common elements (paragraph (h) of subsection 1 of NRS 116.2105 ), identified appropriately.
Unless the declaration provides otherwise, when the horizontal boundaries of part of a unit located outside a building have the same elevation as the horizontal boundaries of the inside part, the elevations need not be depicted on the plats.
Upon exercising any developmental right, the declarant shall record new or amended plats necessary to conform to the requirements of subsection 2.
Each plat must be certified by a professional land surveyor.

(Added to NRS by 1991, 547 ; A 1993, 2360 ; 2009, 1612 )

NRS 116.4113

NRS

116.4113

Express warranties of quality.

Express warranties made by any seller to a purchaser of a unit, if relied upon by the purchaser, are created as follows:

(a) Any affirmation of fact or promise that relates to the unit, its use or rights appurtenant thereto, improvements to the common-interest community that would directly benefit the unit or the right to use or have the benefit of facilities not located in the common-interest community creates an express warranty that the unit and related rights and uses will conform to the affirmation or promise;

(b) Any model or description of the physical characteristics of the common-interest community, including plans and specifications of or for improvements, creates an express warranty that the common-interest community will reasonably conform to the model or description;

(c) Any description of the quantity or extent of the real estate comprising the common-interest community, including plats or surveys, creates an express warranty that the common-interest community will conform to the description, subject to customary tolerances; and

(d) A provision that a purchaser may put a unit only to a specified use is an express warranty that the specified use is lawful.

Neither formal words, such as warranty or guarantee, nor a specific intention to make a warranty is necessary to create an express warranty of quality, but a statement purporting to be merely an opinion or commendation of the real estate or its value does not create a warranty.
Any conveyance of a unit transfers to the purchaser all express warranties of quality made by previous sellers.
A warranty created by this section may be excluded or modified by agreement of the parties.

(Added to NRS by 1991, 577 ; A 1993, 2770 )

NRS 117.020

NRS

117.020

Applicability; recordation, amendment and revocation of plan of project.

The provisions of this chapter apply to property divided into condominiums only if there was recorded before January 1, 1992, in the county in which the property lies a plan consisting of:

(a) A description or survey map of the surface of the land included within the project;

(b) Diagrammatic floor plans of the building or buildings built or to be built thereon in sufficient detail to identify each unit, its relative location and approximate dimensions; and

(c) A certificate consenting to the recordation of the plan pursuant to this chapter signed and acknowledged by the record owner of the property and by all record holders of security interests therein.

The plan may be amended or revoked by a subsequently acknowledged recorded instrument executed by the record owner of the property and by all record holders of security interests therein. Until recordation of a revocation, the provisions of this chapter continue to apply to the property.
The term record owner as used in this section includes all of the record owners of the property at the time of recordation, but does not include holders of security interests, mineral interests, easements or rights-of-way.

(Added to NRS by 1963, 126 ; A 1991, 580 )

NRS 119.121

NRS

119.121

Exemptions: Single purchase; small lots; requirements for partial registration.

Unless the method of disposition is adopted to evade the provisions of this chapter or of the provisions of the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701 to 1720, inclusive, if each lot, parcel, interest or unit being offered or disposed of in any subdivision is at least one-sixteenth of a section as described by a survey of the government land office, but not less than 35 acres, or 40 acres in area, including roadways and easements, but not more than 80 acres in size, and the developer:

Completes an application in such form and containing such reasonable information as the Division may require;
Pays the fees prescribed in this chapter for a permit for partial registration;
Requires the purchaser or his or her agent to inspect the land before purchasing it; and
Signs an affirmation which states that the purchaser or his or her agent has inspected the land before purchasing it and makes that affirmation a matter of record pursuant to the regulations of the Division,

Ê the developer need only comply with the provisions of NRS 119.183 , 119.1835 , 119.184 and 119.230 .

(Added to NRS by 1985, 1406 ; A 1997, 1964 )

NRS 152.050

NRS

152.050

Commissioners for partition: Appointment; warrant; oath; qualifications.

If the property to be partitioned is entirely personal property, the court shall appoint three competent, disinterested persons as commissioners for that purpose, who shall be sworn by any person authorized to administer oaths to faithfully and impartially discharge their duties.
A certified copy of the order appointing them, attached to a certified copy of the order fixing the shares to which the respective parties are entitled must be given to them as their warrant, and their oath must be endorsed thereon.
If the property to be divided is real property, or partly real and partly personal, one of the three commissioners must be a licensed professional land surveyor.
Upon consent of the parties, and if the court considers it proper and just, the court may appoint one commissioner only, who has the same authority and is governed by the same rules as if three were appointed.

[254:107:1941; 1931 NCL § 9882.254]—(NRS A 1985, 1215 ; 1999, 2348 )

NRS 154.060

NRS

154.060

Claimants may appear and plead to information.

All persons named in the information may appear and plead to the proceedings, and may traverse or deny the facts stated in the information and the title of the State to the estate at any time on or before the return day of the citation.
Any other person claiming an interest in the property may appear and be made a defendant, and plead as stated in subsection 1 by petition for that purpose filed within the time allowed for pleading.
If any person appears and pleads as stated in subsections 1 and 2, denying the title claimed by the State, or traverses any material fact set forth in the information, or issue or issues of fact to be made up, the matter must proceed as other civil actions on issues of fact.
A survey may be ordered, as in other civil actions, if the boundary is called into question.

[Part 313:107:1941; 1931 NCL § 9882.313]—(NRS A 1999, 2355 )

NRS 154.150

NRS

154.150

Petition to acquire title to escheated property.

A person desiring to acquire title to any individual item or real property which has escheated to the State must proceed by petition to the Director of the State Department of Conservation and Natural Resources on forms obtainable at the office of the Director and in the manner described in NRS 154.150 to 154.180 , inclusive.
A petition for unimproved real property outside of approved townsites may not be accepted for a parcel of land less than the smallest legal subdivision (40 acres) unless the area in its entirety is less than 40 acres. In such a case, that portion of the subdivision must be described and disposed of on one petition unless, in the discretion of the Director of the State Department of Conservation and Natural Resources, it is found that the remaining portion could be disposed of within a reasonable length of time, and would not become an isolated tract. The Director may then accept an application for a portion of the tract, if a survey is made and a plat submitted on tracing cloth, 24 inches by 32 inches, on which is set forth an accurate description of the property by metes and bounds, with at least one corner of the property tied to a point on the United States public land surveys.

[2:55:1941; 1931 NCL § 7530.02]—(NRS A 1957, 654 ; 1999, 2357 )

NRS 206.220

NRS

206.220

Removal, alteration or destruction of monuments or landmarks designating boundaries.

Except as otherwise provided in subsection 2, every person who willfully or maliciously:

(a) Removes any monument of stone, wood or other durable material erected, or post or stake fixed or driven in the ground, for the purpose of designating the corner, or any other point, in the boundary of this state or any political subdivision thereof, or any lot or tract of land, or any mining claim or claims;

(b) Alters the marks upon any tree, post or other monument made for the purpose of designating any point, course or line, in any such boundary; or

(c) Cuts down or removes any tree upon which any such marks are made for that purpose, with the intent to destroy such marks,

Ê is guilty of a public offense proportionate to the value of the loss resulting therefrom, but in no event less than a misdemeanor.

This section does not apply to a professional land surveyor who acts in accordance with NRS 625.380 .
As used in this section, the value of the loss resulting therefrom means the cost of restoring or replacing the marks or monuments which have been removed, altered or destroyed.

[1911 C&P § 411; A 1935, 28 ; 1931 NCL § 10363]—(NRS A 1967, 514 ; 1979, 1454 ; 1999, 964 )

NRS 217.094

NRS

217.094

State Plan for Services for Victims of Crime; forms for compensation for victims of crimes to be available to obtain and submit on the Internet; survey to determine effectiveness of methods for providing compensation to victims of crimes and to identify any barriers.

The Department:

Shall develop a State Plan for Services for Victims of Crime to ensure that agencies which provide compensation to and services for victims of crime coordinate their efforts and use the same data.
Shall consult with each of its divisions and all other agencies which administer a fund designated for victims of crime when developing the State Plan for Services for Victims of Crime.
May consult with any agency which provides support for victims of crime when developing the State Plan for Services for Victims of Crime.
Shall make any forms used to provide compensation for victims of crime established by this section and NRS 217.010 to 217.270 , inclusive, available on an Internet website maintained by the Department and allow those forms to be submitted using that Internet website.
Shall develop a survey to determine the effectiveness of the various methods for providing compensation to victims of crimes established by this section and NRS 217.010 to 217.270 , inclusive, and identify any barriers to the provision of such compensation. The Department shall request each person who submits a claim pursuant to this section and NRS 217.010 to 217.270 , inclusive, to complete the survey.

(Added to NRS by 2019, 4146 )

NRS 228.360

NRS

228.360

Powers and duties regarding certain public utilities.

The Consumers Advocate:

(a) Shall intervene in and represent the public interest in:

(1) All proceedings conducted pursuant to NRS 704.7561 to 704.7595 , inclusive; and

(2) All proceedings conducted pursuant to NRS 704.061 to 704.110 , inclusive, in which an electric utility has filed a general rate application or an annual deferred energy accounting adjustment application.

(b) May, with respect to all public utilities except railroads and cooperative utilities, and except as otherwise provided in

NRS 228.380 :

(1) Conduct or contract for studies, surveys, research or expert testimony relating to matters affecting the public interest or the interests of utility customers.

(2) Examine any books, accounts, minutes, records or other papers or property of any public utility subject to the regulatory authority of the Public Utilities Commission of Nevada in the same manner and to the same extent as authorized by law for members of the Public Utilities Commission of Nevada and its staff.

(3) Except as otherwise provided in paragraph (a), petition for, request, initiate, appear or intervene in any proceeding concerning rates, charges, tariffs, modifications of service or any related matter before the Public Utilities Commission of Nevada or any court, regulatory body, board, commission or agency having jurisdiction over any matter which the Consumers Advocate may bring before or has brought before the Public Utilities Commission of Nevada or in which the public interest or the interests of any particular class of utility customers are involved. The Consumers Advocate may represent the public interest or the interests of any particular class of utility customers in any such proceeding, and the Consumers Advocate is a real party in interest in the proceeding.

As used in this section, electric utility has the meaning ascribed to it in NRS 704.187 .

(Added to NRS by 1981, 1675 ; A 1987, 705 ; 1997, 1969 ; 2001, 353 , 3254 ;

2007, 2987 ; 2013, 741 )

NRS 232.8415

NRS

232.8415

Duties relating to regulation of occupations and professions; professional and occupational licensing boards within purview of Office.

The Office of Nevada Boards, Commissions and Councils Standards shall be responsible for:

(a) Centralized administration;

(b) A uniform set of standards for investigations, licensing and discipline, including, without limitation, separating the roles and responsibilities for occupational licensure from the roles and responsibilities for occupational discipline;

(d) A uniform set of standards for legal representation;

(e) A consistent set of structural standards for boards and commissions;

(f) Transparency and consumer protection; and

(g) Efficacy and efficiency.

To the extent permitted by the Nevada Constitution and federal law, all professional and occupational licensing boards created by the Legislature shall be under the purview of the Office, including, without limitation:

(a) The Nevada State Board of Accountancy created by NRS 628.035 .

(b) The Board of Examiners for Alcohol, Drug and Gambling Counselors created by NRS 641C.150 .

(d) The Board of Athletic Trainers created by NRS 640B.170 .

(e) The State Barbers Health and Sanitation Board created by NRS 643.020 .

(f) The Board of Applied Behavior Analysis created by NRS 641D.200 .

(g) The Chiropractic Physicians Board of Nevada created by NRS 634.020 .

(h) The State Contractors Board created by NRS 624.040 .

(i) The Commission on Construction Education created by NRS 624.570 .

(j) The State Board of Cosmetology created by NRS 644A.200 .

(k) The Certified Court Reporters Board of Nevada created by NRS 656.040 .

(l) The Board of Dental Examiners of Nevada created by NRS 631.120 .

(m) The Committee on Dental Hygiene and Dental Therapy created by NRS 631.205 .

(n) The State Board of Professional Engineers and Land Surveyors created by NRS 625.100 .

(o) The Nevada Funeral and Cemetery Services Board created by NRS 642.020 .

(p) The Nevada Board of Homeopathic Medical Examiners created pursuant to NRS 630A.100 .

(q) The State Board of Landscape Architecture created by NRS 623A.080 .

(r) The Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors created by NRS 641A.090 .

(s) The Board of Massage Therapy created by NRS 640C.150 .

(t) The Board of Medical Examiners created pursuant to NRS 630.050 .

(u) The State Board of Nursing created by NRS 632.020 .

(v) The Advisory Committee on Nursing Assistants and Medication Aides created by NRS 632.072 .

(w) The Board of Occupational Therapy created by NRS 640A.080 .

(x) The Board of Dispensing Opticians created by NRS 637.030 .

(y) The Nevada State Board of Optometry created by NRS 636.030 .

(z) The State Board of Oriental Medicine created by NRS 634A.030 .

(aa) The State Board of Osteopathic Medicine created pursuant to NRS 633.181 .

(bb) The Commission on Postsecondary Education created by NRS 394.383 .

(cc) The State Board of Pharmacy created by NRS 639.020 .

(dd) The Nevada Physical Therapy Board created by

NRS 640.030 .

(ee) The State Board of Podiatry created by NRS 635.020 .

(ff) The Private Investigators Licensing Board created by NRS 648.020 .

(gg) The Board of Psychological Examiners created by NRS 641.030 .

(hh) The Board of Environmental Health Specialists created by NRS 625A.030 .

(ii) The Board of Examiners for Social Workers created pursuant to NRS 641B.100 .

(jj) The Speech-Language Pathology, Audiology and Hearing Aid Dispensing Board created by NRS 637B.100 .

(kk) The Nevada State Board of Veterinary Medical Examiners created by NRS 638.020 .

(Added to NRS by 2023, 3548 )

Office of Ombudsman of Consumer Affairs for Minorities

NRS 239.015

NRS

239.015

Removal, transfer and storage of records authorized if necessary; copies to be provided upon request.

A custodian of records may remove books of records, maps, charts, surveys and other papers for storage in an appropriate facility if the custodian believes that the removal of such records is necessary for their protection or permanent preservation, or the custodian may arrange for their transfer to another location for duplication or reproduction.
If a county recorder receives a request for a particular item which has been stored pursuant to subsection 1, the county recorder shall produce a microfilmed copy of such item or the original within 3 working days.

(Added to NRS by 1975, 748 )

NRS 243.045

NRS

243.045

Creation—1861; northern boundary redefined 1965; boundary line between Lyon and Douglas Counties redefined 1967.

There shall be a county, to be known as Douglas County, to include all that part of the State of Nevada within the boundaries described as follows: Beginning at Masons Ranch on the Walker River and running westerly in a straight line to the mouth of Clear Creek; thence along the middle of Clear Creek to its source; thence due west to the California line; thence south and southeasterly along the line to the western boundary of Lyon County; thence northerly along the boundary to the place of beginning.
Notwithstanding anything to the contrary in subsection 1, the north boundary line of Douglas County is redefined on March 2, 1965, and such north boundary line is particularly described as follows: Beginning at Masons Ranch on the Walker River and running westerly in a straight line toward the mouth of Clear Creek to a point where such line intersects the centerline of Eldorado Canyon in section 18, T. 14 N., R. 22 E.; thence northeasterly down the centerline of Eldorado Canyon, a distance of 500 feet, more or less, to its intersection with a point on the north boundary of such section 18 which is also common to a point on the south boundary of section 7, T. 14 N., R. 22 E., the southeast corner of the new south boundary of Carson City and from which point the southeast corner of such section 7 bears S. 89 ° 51 ¢ E. a distance of 1,386 feet; thence westerly along the new south boundary of Carson City to the Nevada-California state line. All township and range references are to the Mount Diablo Base and Meridian.
Notwithstanding anything to the contrary in subsections 1 and 2, the boundary line between Douglas County and Lyon County is redefined on July 1, 1967, and such boundary line is particularly defined as follows: Beginning at a point on the south boundary of Carson City and the north boundary of Douglas County, which point is in Eldorado Canyon and lies on the south boundary of section 7, T. 14 N., R. 22 E., such point being further described as bearing N. 89 ° 51 ¢ W. a distance of 1,386 feet from the southeast corner of section 7, T. 14 N., R. 22 E., this point being a common point to Carson City, Douglas County and Lyon County, Nevada; thence east along the south section line of sections 7, 8, 9, 10, 11 and 12, T. 14 N., R. 22 E.; thence continuing east along the south section line of sections 7, 8, 9, 10, 11 and 12, T. 14 N., R. 23 E.; thence continuing east along the south section line of the unsurveyed sections 7 and 8, to the northeast corner of section 17, T. 14 N., R. 24 E.; thence south along the east section line of the unsurveyed sections 17, 20, 29 and 32, T. 14 N., R. 24 E.; thence continuing south along the east section line of sections 5, 8 and 17 to the east-west quarter section line of section 17, T. 13 N., R. 24 E.; thence west along the quarter line of sections 17 and 18 to the northeast corner of the NW 1/4 of the SW 1/4 of section 18, T. 13 N., R. 24 E.; thence south along the east line of the NW 1/4 of the SW 1/4 of section 18 to the southeast corner of the NW 1/4 of the SW 1/4 of section 18, T. 13 N., R. 24 E.; thence west along the south line of the NW 1/4 of the SW 1/4 of section 18 to the east section line of section 13, T. 13 N., R. 23 E.; thence south along the east section line to the southeast corner of section 13, T. 13 N., R. 23 E.; thence west along the south section line of sections 13, 14 and 15 to the northeast corner of section 21, T. 13 N., R. 23 E.; thence south along the east section line of sections 21 and 28 to the southeast corner of section 28, T. 13 N., R. 23 E.; thence west along the south section line of section 28 to the northeast corner of section 32, T. 13 N., R. 23 E.; thence south along the east section line of section 32, to the southwest corner of section 33 and the south township line of T. 13 N., R. 23 E.; thence continuing south along the east section line of sections 5, 8, 17 and 20 to the southeast corner of section 20, T. 12 N., R. 23 E.; thence west along the south section line of section 20 to the northeast corner of section 30, T. 12 N., R. 23 E.; thence south along the east section line of sections 30 and 31 to the southwest corner of section 32, T. 12 N., R. 23 E.; thence east along the south section line of section 32, T. 12 N., R. 23 E., to the northeast corner of section 5, T. 11 N., R. 23 E.; thence south along the east section line of sections 5 and 8 to the southwest corner of section 9, T. 11 N., R. 23 E.; thence east along the south section line of section 9 to the north-south quarter section line of section 16, T. 11 N., R. 23 E.; thence south along the north-south quarter section line of section 16 to the south section line of section 16, T. 11 N., R. 23 E.; thence east along the south section line of section 16 to the northeast corner of section 21, T. 11 N., R. 23 E.; thence south along the east section line of sections 21, 28 and 33 to the southeast corner of section 33, T. 11 N., R. 23 E.; thence west along the south section line of section 33, T. 11 N., R. 23 E., to the northeast corner of section 4, T. 10 N., R. 23 E.; thence south along the east section line of sections 4, 9 and 16 to the southwest corner of the N 1/2 of the N 1/2 of section 15, T. 10 N., R. 23 E.; thence east along the south line of the N 1/2 of the N 1/2 of section 15 to the east section line of section 15, T. 10 N., R. 23 E.; thence north along the east section line of section 15 to the southwest corner of section 11, T. 10 N., R. 23 E.; thence east along the south section line of sections 11 and 12 to the northeast corner of section 13, T. 10 N., R. 23 E.; thence south along the east section line of sections 13, 24, 25 and 36 to the southeast corner of section 36 and the south township line of T. 10 N., R. 23 E.; thence continuing south along the east line of sections 1 and 12, T. 9 N., R. 23 E., to the southwest corner of section 7, T. 9 N., R. 24 E.; thence east along the south section line of section 7 to the northeast corner of section 18, T. 9 N., R. 24 E.; thence south along the east section line of sections 18, 19, 30 and 31 to the southeast corner of section 31, T. 9 N., R. 24 E.; thence continuing south along the east section line of the unsurveyed sections 6, 7, 18, 19 and 30, T. 8 N., R. 24 E., to the Nevada-California state line. All township and range references are to the Mount Diablo Base and Meridian.

[2:24:1861; B § 4052; cited BH § 5013; cited C § 5101; RL § 1442; NCL § 1866]—(NRS A 1965, 130 ; 1967, 972 ; 1969, 318 )

NRS 243.115

NRS

243.115

Portion of Elko County detached and attached to Eureka County; boundary line between Elko and Eureka Counties—1877.

The following described territory, now a portion of Elko County, is hereby detached from Elko County, and is hereby attached to and made a part of Eureka County: All that territory embraced within the following boundaries: Commencing at a point where the Central Pacific Railroad crosses the east boundary line of Eureka County, and running thence southerly to a point where the 116th meridian crosses the east and west line between Eureka and Elko Counties; thence westerly along the east and west line to the southwest corner of Elko County; thence northerly along the present dividing line between Eureka and Elko Counties to the place of beginning; the same embracing and transferring from Elko County to Eureka County all that portion of territory commonly known as the Mineral Hill Strip, and the line surveyed by the county surveyor of Eureka County during 1875, commencing at a point where the Central Pacific Railroad crosses the east boundary line of Eureka County, and running thence southerly to a point where the 116th meridian crosses the east and west line between Eureka and Elko Counties, is hereby fixed and established as the boundary line between the Counties.

[Part 1:24:1877; cited BH §§ 5016, 5017; cited C § 5105; RL § 1464; NCL § 1892]

NRS 243.137

NRS

243.137

Boundary line between Eureka and Lander Counties—1969.

The boundary line between Eureka and Lander Counties is hereby defined and established as follows: Beginning at a point on the east boundary of section 18, T. 36 N., R. 48 E., at the intersection of the east boundary of section 18 and the Elko County line; thence southerly along the east boundary of sections 18, 19, 30 and 31 of T. 36 N., R. 48 E., to the southeast corner of section 31; thence westerly along the south boundary of section 31 to the NW corner of section 5, T. 35 N., R. 48 E.; thence southerly along the west boundary of sections 5, 8, 17, 20, 29 and 32, T. 35 N., R. 48 E., to the SW corner of section 32; thence westerly along the north boundary of section 5, T. 34 N., R. 48 E., to the NW corner of section 5; thence southerly along the west boundary of sections 5, 8, 17, 20, 29 and 32 of T. 34 N., R. 48 E., to the SW corner of section 32; thence continuing southerly along the west boundary of sections 5, 8, 17, 20, 29 and 32, T. 33 N., R. 48 E., to the SW corner of section 32; thence westerly along the north boundary of section 5, T. 32 N., R. 48 E., to the NW corner of section 5; thence southerly along the west boundary of sections 5, 8, 17, 20, 29 and 32, T. 32 N., R. 48 E., to the SW corner of section 32; thence continuing southerly along the west boundary of sections 5, 8, 17, 20, 29 and 32, T. 31 N., R. 48 E., to the SW corner of section 32; thence easterly along the south boundary of section 32 to the NW corner of section 5, T. 30 N., R. 48 E.; thence southerly along the west boundary of sections 5, 8, 17, 20, 29 and 32, T. 30 N., R. 48 E., to the SW corner of section 32; thence easterly along the south boundary of section 32 to the NW corner of section 5, T. 29 N., R. 48 E.; thence southerly along the west boundary of sections 5, 8, 17, 20, 29 and 32, T. 29 N., R. 48 E., to the SW corner of section 32; thence continuing southerly along the west boundary of sections 5, 8, 17, 20, 29 and 32, T. 28 N., R. 48 E., to the SW corner of section 32; thence continuing southerly along the west boundary of sections 5, 8, 17, 20, 29 and 32, T. 27 N., R. 48 E., to the SW corner of section 32; thence continuing southerly along the west boundary of sections 5, 8, 17, 20, 29 and 32, T. 26 N., R. 48 E., to the SW corner of section 32; thence easterly along the south boundary of section 32 to the NW corner of section 4, T. 25 N., R. 48 E.; thence southerly along the west boundary of sections 4, 9, 16, 21, 28 and 33, T. 25 N., R. 48 E., to the SW corner of section 33; thence continuing southerly along the west line of sections 4, 9, 16, 21, 28 and 33, T. 24 N., R. 48 E., to the SW corner of section 33; thence continuing southerly along the west boundary of sections 4, 9, 16, 21, 28 and 33, T. 23 N., R. 48 E., to the SW corner of section 33; thence continuing southerly along the west boundary of sections 4, 9, 16, 21, 28 and 33, T. 22 N., R. 48 E., to the SW corner of section 33; thence continuing southerly along the west boundary of sections 4, 9, 16, 21, 28 and 33, T. 21 N., R. 48 E., to the SW corner of section 33; thence westerly along the south boundary of section 32, T. 21 N., R. 48 E., to the N 1/4 corner of section 5, T. 20 N., R. 48 E.; thence southerly along the north-south 1/4 section line of sections 5, 8, 17, 20, 29 and 32, T. 20 N., R. 48 E., to the S 1/4 corner of section 32; thence continuing along the north-south 1/4 section line of sections 5, 8, 17, 20, 29 and 32, T. 19 N., R. 48 E., to the S 1/4 corner of section 32; thence continuing southerly along the north-south 1/4 section line of sections 5, 8, 17, 20, 29 and 32, T. 18 N., R. 48 E., to the S 1/4 corner of section 32; thence westerly along the south boundary of section 32 to the NW corner of section 5, T. 17 1/2 N., R. 48 E., (unsurveyed); thence southerly along the west boundary of sections 5 and 8, T. 17 1/2 N., R. 48 E., (unsurveyed), to the SW corner of section 8; thence continuing southerly along the west boundary of sections 5, 8, 17, 20, 29 and 32, T. 17 N., R. 48 E. (unsurveyed), to the SW corner of section 32; thence continuing southerly along the west boundary of sections 5, 8, 17, 20, 29 and 32, T. 16 N., R. 48 E., to the SW corner of section 32; thence westerly along the south boundary of section 31, T. 16 N., R. 48 E., to the NW corner of section 5, T. 15 N., R. 48 E.; thence southerly along the west boundary of section 5 to its intersection with the Nye County line. All township and range references are to the Mount Diablo Base and Meridian.

(Added to NRS by 1969, 656 )

NRS 243.190

NRS

243.190

Surveyor General to establish boundary line between Lander and Nye Counties—1929.

Within 60 days after March 21, 1929, the Boards of County Commissioners of the Counties of Nye and Lander shall invite the Surveyor General to proceed to determine and establish the boundary line between the counties. Upon the completion of the determination and establishment of the boundary line between the counties and the filing by the Surveyor General of his or her report, the boards of county commissioners of the counties shall each pay one-half of the expense therefor, as shown by the verified claim of the Surveyor General.

[1:89:1929] + [Part 2:89:1929]

NRS 243.200

NRS

243.200

Surveyor General to establish boundary lines between Lander, Nye and Eureka Counties—1929.

Without delay, the Surveyor General shall proceed to establish the indefinite and uncertain boundaries between Lander and Eureka Counties, and between Lander and Nye Counties, subject to the joint cooperation of Lander, Eureka and Nye Counties, in the manner following: After March 26, 1929, the Surveyor General shall forthwith notify the district attorney of each of the Counties of Lander, Nye and Eureka of the enactment of this section, whereupon the district attorneys shall lay the subject matter of this section before the boards of county commissioners of their respective Counties for their consideration. If the boards of county commissioners of all of the Counties shall, within 60 days after submission to them of the subject matter hereof, notify the Surveyor General of their assent to a survey to establish the boundaries, and an agreement to share the expense thereof equally, then the Surveyor General shall proceed to determine and establish the county boundaries.
The boundaries established by the Surveyor General under the provisions of this section shall be binding upon the Counties.

[1:133:1929] + [2:133:1929]

Lincoln County

NRS 243.260

NRS

243.260

Creation—1911.

The County of Mineral is hereby erected out of the following territory: All that portion of Esmeralda County lying northerly of a line drawn, commencing at the intersection of the Mount Diablo baseline with the Von Schmidts survey of the boundary line between Nevada and California, running thence east to the southeast corner of T. 1 N., R. 32 E., on the Mount Diablo baseline; thence northeasterly to the southwest corner of T. 7 N., R. 38 E., M.D.B. & M.; thence continuing in the same direction intersecting the boundary line between the Counties of Nye and Esmeralda, which territory is hereby detached and set aside from Esmeralda County, and the County of Mineral erected therefrom.

[1:13:1911; RL § 1479; NCL § 1907]

NRS 243.290

NRS

243.290

Boundary line between Nye, Churchill and Esmeralda Counties—1875.

The boundary line between the County of Nye and the Counties of Churchill and Esmeralda shall be as follows: Beginning at the intersection of the meridian of longitude 40 ° 7 ¢ west from Washington with the eastern boundary line of California; thence northerly along the meridian of longitude to its intersection with the 38th parallel, north latitude; thence northwesterly to the Hot Springs, on the Wellington and Reese River Road; thence northerly to the 39th parallel of north latitude; thence easterly to ODonnells Pass, on the Ione and West Gate Road; and from thence the boundary line shall remain as heretofore established by law.
The meridian of longitude shall be established from the official survey made by Colonel A. W. Von Schmidt of the state line between the States of California and Nevada, to be ascertained by his astronomical observations and also from the mile posts set by him on the survey; and if it be found necessary to ascertain by calculations from Colonel A. W. Von Schmidt the meridian of longitude, all expenses attaching thereto shall be borne equally by the Counties of Nye and Esmeralda.

[1:50:1875; cited BH §§ 5014, 5018, 5024; cited C §§ 5103, 5106; RL § 1451; NCL § 1877] + [2:50:1875; cited BH §§ 5014, 5018, 5024; cited C §§ 5103, 5106; RL § 1452; NCL § 1878]

NRS 243.300

NRS

243.300

Portion of Esmeralda County detached and attached to Nye County; boundary line between Nye and Esmeralda Counties—1913.

The boundary line between Nye County and Esmeralda County shall be determined by a joint survey as provided in this section. The County of Nye shall appoint a competent surveyor, who shall act with a competent surveyor to be appointed by the County of Esmeralda. The two surveyors so appointed shall appoint a third competent surveyor. The appointing power herein provided shall be vested in the Boards of County Commissioners of the two Counties, where the Counties are vested with the appointing power. The three surveyors appointed as herein provided shall constitute a board of surveyors, who shall jointly run and determine the actual boundary line between the Counties, according to NRS 243.290 , beginning at the Nevada-California line and running thence northerly and northwesterly to the Hot Springs mentioned in NRS 243.290 . The survey shall be in accordance with the practice of the United States Surveyor Generals office in running township lines and establishing monuments thereon.
The expense of the survey provided for in this section shall be divided equally between Esmeralda and Nye Counties. The survey shall be completed on or before January 1, 1914, and blueprints of maps and a copy of the field notes of the survey shall be filed with the county clerk of each county and with the Surveyor General of Nevada and with the United States Surveyor General for Nevada.
The board of surveyors, as herein provided, are further directed and required to include within the boundaries of Nye County all those certain sections specified in section 1 of chapter 89, Statutes of Nevada 1903, and all of such sections of land so described and specified are hereby made a part of Nye County, and the board of surveyors shall include such parcels of land within the boundaries of Nye County in such a manner as a majority of the board of surveyors may deem wise.
The surveyed boundary line as determined according to the provisions of this section shall be the true boundary line between the Counties of Nye and Esmeralda.

[1:221:1913] + [2:221:1913] + [3:221:1913] + [4:221:1913]

NRS 243.365

NRS

243.365

Creation—1869.

The County of White Pine is hereby created with the following boundaries: All that portion of the State of Nevada lying east of a line running due north and south through the most westerly part of the house known as Shannons Station, on the westerly slope of Diamond Mountains, in Lander County, on the road from Austin to Hamilton in that county, and south of a line running due east and west through the most northerly part of Camp Ruby, and north of the present line between the Counties of Nye and Lander, as located by Thomas J. Reed, County Surveyor of Lander County, made in 1868.

[1:60:1869; B § 4072; cited BH § 5027; cited C § 5116; RL § 1486; NCL § 1914]

NRS 243.390

NRS

243.390

Surveys of boundaries required.

The boards of county commissioners of the several counties of this state are hereby authorized and required to have made an accurate survey of the boundaries between the several counties within this state, in which the same have not been established according to law. The boards of county commissioners of the counties adjoining are required to arrange for the making of such survey and notify the county surveyors of their respective counties thereof.

[1:47:1866; B § 4089; cited BH § 5013; cited C § 5101; RL § 1489; NCL § 1917]

NRS 243.395

NRS

243.395

Duties of county surveyors.

The county surveyors of the several counties where the boundaries have not been established by survey shall meet at such time and place as the boards of county commissioners of the counties shall designate and proceed to survey the boundary lines between the same.
If the surveyor or surveyors of any county or counties shall fail to meet the surveyor or surveyors of the county or counties adjoining, at the time and place designated by the boards of county commissioners, the surveyor or surveyors of the county or counties, who may be present, shall proceed to make the survey, and the same shall be the established boundaries between such counties.

[2:47:1866; B § 4090; cited BH § 5013; cited C § 5101; RL § 1490; NCL § 1918] + [3:47:1866; B § 4091; cited BH § 5013; cited C § 5101; RL § 1491; NCL § 1919]

NRS 243.400

NRS

243.400

Reports and maps to be made.

The county surveyors of the several counties where such boundaries are surveyed shall make out a report and maps of the boundaries, one copy to be deposited with the county clerks of the counties, and a joint copy of the counties adjoining to be transmitted to the Division of State Lands of the State Department of Conservation and Natural Resources.

[4:47:1866; B § 4092; cited BH § 1920; cited C § 5101; RL § 1492; NCL § 1920]—(NRS A 1957, 655 ; 1977, 1123 )

NRS 243.410

NRS

243.410

Compensation for expenses.

The boards of county commissioners of the counties on the line of which such surveys shall be so made are authorized to allow reasonable and proper compensation and all necessary expenses incurred in making the surveys. Upon such allowance, the county auditors of such counties, respectively, are directed to draw their warrants on the county treasurers therefor, in favor of the person or persons entitled to the same.

[6:47:1866; B § 4094; cited BH § 5013; cited C § 5101; RL § 1494; NCL § 1922]

NRS 243.415

NRS

243.415

Construction of

NRS 243.390

243.415

, inclusive.

Nothing in the provisions of NRS 243.390 to 243.415 , inclusive, shall be construed so as to compel or force the boards of county commissioners of the several counties of this state to have any county line or lines surveyed and established, except where such county line or lines are now, or may hereafter be, in dispute by reason of the settlement of persons and the ownership of property along such county line or lines.

[7:47:1866; B § 4095; cited BH § 5013; cited C § 5101; RL § 1495; NCL § 1923]

PROCEDURE FOR ABOLISHMENT OF COUNTIES

NRS 247.005

NRS

247.005

Document defined.

As used in this chapter, unless the context otherwise requires, document means a written instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing, without regard to:

(a) The form in which the document is received by a county recorder;

(b) The method used to transmit the document to a county recorder; or

If a county recorder elects to accept electronic documents for recording in accordance with the provisions of NRS 111.366 to 111.3697 , inclusive, the term also includes an electronic document that satisfies the provisions of NRS 111.366 to 111.3697 , inclusive.

(Added to NRS by 2001, 1733 ; A 2007, 139 )

NRS 247.110

NRS

247.110

Duties and powers concerning document deposited for recording; required format for certain documents submitted for recording; discretion to accept document not in required format; when document is considered recorded.

When a document authorized, entitled or required by law to be recorded is deposited in the county recorders office for recording, the county recorder shall:

(a) Endorse upon it the time when it was received, noting:

(1) The year, month, day, hour and minute of its reception;

(2) The document number; and

(3) The amount of fees collected for recording the document.

(b) Record the document without delay, together with the acknowledgments, proofs and certificates, written upon or annexed to it, with the plats, surveys, schedules and other papers thereto annexed, in the order in which the papers are received for recording.

(c) Note at the upper right corner of the record and upon the document, except a map, so recorded the exact time of its reception and the name of the person at whose request it was recorded.

(d) Upon request, place a stamp or other notation upon one copy of the document presented at the time of recording to reflect the information endorsed upon the original pursuant to subparagraphs (1) and (2) of paragraph (a) and as evidence that the county recorder received the original, and return the copy to the person who presented it.

In addition to the information described in paragraph (a) of subsection 1, a county recorder may endorse upon a document the book and page where the document is recorded.
Except as otherwise provided in this section and NRS 111.366 to 111.3697 , inclusive, a document, except a map, certificate or affidavit of death, military discharge or document regarding taxes that is issued by the Internal Revenue Service of the United States Department of the Treasury, that is submitted for recording must be on a form authorized by NRS 104.9521 for the type of filing or, except as otherwise provided in subsection 5, must:

(a) Be on white, 20-pound paper that is 8 1/2 inches by 11 inches in size.

(b) Have a margin of 1 inch on the left and right sides and at the bottom of each page.

(c) Have a space of 3 inches by 3 inches at the upper right corner of the first page and have a margin of 1 inch at the top of each succeeding page.

(d) Not be on sheets of paper that are bound together at the side, top or bottom.

(e) Not contain printed material on more than one side of each page.

(f) Not have any documents or other materials physically attached to the paper.

(g) Not contain:

(1) Colored markings to highlight text or any other part of the document;

(2) A stamp or seal that overlaps with text or a signature on the document, except in the case of a validated stamp or seal of a professional engineer or land surveyor who is licensed pursuant to chapter 625 of NRS;

(3) Text that is smaller than a 10-point Times New Roman font and is printed in any ink other than black; or

(4) More than nine lines of text per vertical inch.

The provisions of subsection 3 do not apply to a document submitted for recording that has been filed with a court and which conforms to the formatting requirements established by the court.
A county recorder has the discretion to accept and record a document that does not meet the formatting requirements set forth in paragraphs (a) to (g), inclusive, of subsection 3.
A document is recorded when the information required pursuant to this section is placed on the document and is entered in the record of the county recorder.

[4:120:1923; A 1935, 247 ; 1931 NCL § 2114]—(NRS A 1965, 619 ; 1987, 772 ; 2001, 1736 ; 2003, 75 , 845 ,

1928 ,

2814 ;

2007, 140 ; 2011, 595 ; 2017, 734 )

NRS 247.305

NRS

247.305

Fees: Amount; collection; disposition of excess payment; payment to county treasurer.

If another statute specifies the fee to be charged for a service, county recorders shall charge and collect only the fee specified. Otherwise, unless prohibited by NRS 375.060 , county recorders shall charge and collect the following fees:

(a) For recording a document.................................................................................... $25

(b) For copying a record, for each page..................................................................... $1

(d) For a certified copy of a certificate of marriage............................................... $10

(e) For a certified abstract of a certificate of marriage.......................................... $10

(f) For a certified copy of a certificate of marriage or for a certified abstract of a certificate of marriage, the additional sum of $5 for the Account for Aid for Victims of Domestic or Sexual Violence in the State General Fund. The fees collected for this purpose must be paid over to the county treasurer by the county recorder on or before the fifth day of each month for the preceding calendar month, and must be credited to that Account. The county treasurer shall, on or before the 15th day of each month, remit those fees deposited by the recorder to the State Controller for credit to that Account.

Except as otherwise provided in this subsection and NRS 375.060 , a county recorder may charge and collect, in addition to any fee that a county recorder is otherwise authorized to charge and collect, an additional fee not to exceed $5 for recording a document, instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing. A county recorder may not charge the additional fee authorized in this subsection for recording an originally signed certificate of marriage described in NRS 122.120 . On or before the fifth day of each month, the county recorder shall pay the amount of fees collected by him or her pursuant to this subsection to the county treasurer for credit to the account established pursuant to NRS 247.306 .
Except as otherwise provided in this subsection and NRS 375.060 , a county recorder shall charge and collect, in addition to any fee that a county recorder is otherwise authorized to charge and collect, an additional fee of $7 for recording a document, instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing. A county recorder shall not charge the additional fee authorized in this subsection for recording an originally signed certificate of marriage described in NRS 122.120 . On or before the fifth day of each month, the county recorder shall pay the amount of fees collected by him or her pursuant to this subsection to the county treasurer. On or before the 15th day of each month, the county treasurer shall remit the money received by him or her pursuant to this subsection in the following amounts for each fee received:

(a) Five dollars:

(1) To the organization operating the program for legal services for the indigent that receives the fees charged pursuant to NRS 19.031 to be used to provide legal services for:

(I) Protected persons or proposed protected persons who are adults in guardianship proceedings; and

(II) If sufficient funding exists, protected persons or proposed protected persons who are minors in guardianship proceedings, including, without limitation, any guardianship proceeding involving an allegation of financial mismanagement of the estate of a minor; or

(2) If the organization described in subparagraph (1) does not exist in the judicial district, to an account maintained by the county for the exclusive use of the district court to pay the reasonable compensation and expenses of attorneys to represent protected persons and proposed protected persons who are adults and do not have the ability to pay such compensation and expenses, in accordance with NRS 159.0485 .

(b) One dollar to the State Treasurer for credit to the Account to Assist Persons Formerly in Foster Care established pursuant to NRS 432.017 .

(1) The compensation of:

(I) Investigators appointed by the court pursuant to NRS 159A.046 ; and

(II) Attorneys for protected persons and proposed protected persons who are minors in guardianship proceedings; and

(2) For self-help assistance for protected persons and proposed protected persons who are minors in guardianship proceedings.

Except as otherwise provided in this subsection and NRS 375.060 , a board of county commissioners may, in addition to any fee that a county recorder is otherwise authorized to charge and collect, impose by ordinance a fee of not more than $6 for recording a document, instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing. A county recorder shall not charge the additional fee authorized by this subsection for recording an originally signed certificate of marriage described in NRS 122.120 . On or before the fifth day of each month, the county recorder shall pay the amount of fees collected by him or her pursuant to this subsection to the county treasurer. On or before the 15th day of each month, the county treasurer shall remit the money received by him or her pursuant to this subsection to the organization operating the program for legal services for the indigent that receives the fees charged pursuant to NRS 19.031 to be used to provide legal services for abused and neglected children, including, without limitation, to compensate attorneys appointed to represent such children pursuant to NRS 128.100 and 432B.420 .
Except as otherwise provided in subsection 6, a county recorder shall not charge or collect any fees for any of the services specified in this section when rendered by the county recorder to:

(a) The county in which the county recorders office is located.

(b) The State of Nevada or any city or town within the county in which the county recorders office is located, if the document being recorded:

(1) Conveys to the State, or to that city or town, an interest in land;

(2) Is a mortgage or deed of trust upon lands within the county which names the State or that city or town as beneficiary;

(3) Imposes a lien in favor of the State or that city or town; or

(4) Is a notice of the pendency of an action by the State or that city or town.

A county recorder shall charge and collect the fees specified in this section for copying any document at the request of the State of Nevada, and any city or town within the county. For copying, and for his or her certificate and seal upon the copy, the county recorder shall charge the regular fee.
If the amount of money collected by a county recorder for a fee pursuant to this section:

(a) Exceeds by $5 or less the amount required by law to be paid, the county recorder shall deposit the excess payment with the county treasurer for credit to the county general fund.

(b) Exceeds by more than $5 the amount required by law to be paid, the county recorder shall refund the entire amount of the excess payment.

Except as otherwise provided in subsection 2, 3, 4 or 7 or by an ordinance adopted pursuant to the provisions of NRS 244.207 , county recorders shall, on or before the fifth working day of each month, account for and pay to the county treasurer all such fees collected during the preceding month.
For the purposes of this section, State of Nevada, county, city and town include any department or agency thereof and any officer thereof in his or her official capacity.

(Added to NRS by 1967, 279 ; A 1973, 171 , 1678 ;

1977, 335 ; 1981, 213 ; 1983, 540 ; 1985, 1005 , 1684 ;

1989, 1063 ; 1991, 68 ; 1993, 52 , 1350 ;

1999, 884 ; 2001, 1741 , 3209 ;

2003, 227 , 2815 ;

2005, 2058 ; 2005, 22nd Special Session, 52 ; 2007, 538 , 2187 ;

2009, 265 ; 2011, 596 ; 2013, 3672 ; 2017, 735 , 1289 ,

2566 ,

2568 ,

3925 ;

2019, 1245 )

NRS 247.560

NRS

247.560

Provision of confidential information by county recorder.

A county recorder may provide confidential information for use:

(a) By any governmental entity, including, without limitation, any court or law enforcement agency, in carrying out its functions, or any person acting on behalf of a federal, state or local governmental agency in carrying out its functions.

(b) In connection with any civil, criminal, administrative or arbitration proceeding before any federal or state court, regulatory body, board, commission or agency, including, without limitation, use for service of process, investigation in anticipation of litigation, and execution or enforcement of judgments and orders or pursuant to an order of a federal or state court.

(c) By a private investigator, private patrol officer or security consultant who is licensed pursuant to chapter 648 of NRS, for any use authorized pursuant to this section.

(d) In connection with an investigation conducted pursuant to NRS 253.0415 or 253.220 .

(e) In activities relating to research and the production of statistical reports, if the address or information will not be published or otherwise disclosed or used to contact any person.

(f) In the bulk distribution of surveys, marketing material or solicitations, if the county recorder has adopted policies and procedures to ensure that the information will be used or sold only for use in the bulk distribution of surveys, marketing material or solicitations.

(g) By a reporter or editorial employee who is employed by or affiliated with any newspaper, press association or commercially operated, federally licensed radio or television station.

(h) By a title agent or title insurer acting pursuant to chapter 692A of NRS.

Except for a reporter or editorial employee described in paragraph (g) of subsection 1, a person who obtains information pursuant to this section and sells or discloses that information shall keep and maintain for at least 5 years a record of:

(a) Each person to whom the information is sold or disclosed; and

(b) The purpose for which that person will use the information.

(Added to NRS by 2017, 1551 )

NRS 250.160

NRS

250.160

Provision of confidential information by county assessor.

A county assessor may provide confidential information for use:

(c) By a private investigator, private patrol officer or security consultant who is licensed pursuant to chapter 648 of NRS, for any use authorized pursuant to this section.

(d) In connection with an investigation conducted pursuant to NRS 253.0415 or 253.220 .

(e) In activities relating to research and the production of statistical reports, if the address or information will not be published or otherwise disclosed or used to contact any person.

(f) In the bulk distribution of surveys, marketing material or solicitations, if the assessor has adopted policies and procedures to ensure that the information will be used or sold only for use in the bulk distribution of surveys, marketing material or solicitations.

(g) By a reporter or editorial employee who is employed by or affiliated with any newspaper, press association or commercially operated, federally licensed radio or television station.

(h) In accordance with NRS 250.087 .

Except for a reporter or editorial employee described in paragraph (g) of subsection 1, a person who obtains information pursuant to this section and sells or discloses that information shall keep and maintain for at least 5 years a record of:

(a) Each person to whom the information is sold or disclosed; and

(b) The purpose for which that person will use the information.

(Added to NRS by 2005, 1482 ; A 2009, 2268 ; 2011, 3491 )

NRS 254.020

NRS

254.020

Qualifications.

The county engineer must be:

A qualified and competent civil engineer.
Licensed as a professional engineer by the state board of professional engineers and land surveyors.

[Part 1:109:1947; A 1951, 57 ]—(NRS A 1979, 1103 ; 1993, 130 ; 1997, 1062 )

NRS 255.020

NRS

255.020

Appointment.

The board of county commissioners may appoint a county surveyor who serves at the pleasure of the board to perform surveying and such other services for the county as the board determines appropriate.

[Part 1:64:1861; A 1862, 32; 1949, 144 ; 1943 NCL § 2164] + [Part 1:108:1866; B § 2599; BH § 1636; C § 1782; RL § 2765; NCL § 4765] + [Part 9:108:1866; B § 2607; BH § 1644; C § 1790; RL § 2773; NCL § 4773]—(NRS A 1973, 317 ; 1997, 271 )

NRS 255.030

NRS

255.030

Oath and bond.

Each county surveyor, before entering upon the duties of office, shall:

Take and subscribe to the oath of office.
Execute to the State of Nevada a bond in the penal sum of not less than $500 nor more than $5,000, the amount thereof to be determined by the board of county commissioners. The bond shall be supplied in accordance with the provisions of chapter 282 of NRS and shall be approved by the board of county commissioners.

[Part 2:64:1861; A 1883, 45 ; 1949, 144 ; 1943 NCL § 2165]—(NRS A 1977, 150 )

NRS 255.060

NRS

255.060

Salary; compensation in lieu of salary; mileage; filing of statement of account by certain surveyors.

The board of county commissioners shall pay to each county surveyor appointed pursuant to NRS 255.020 :

(a) A salary set by the board; or

(b) In lieu of a salary, fair and reasonable compensation in connection with each survey ordered by the board, or for other services performed by the county surveyor for the county, when he or she has been authorized to perform the services.

The county surveyor is entitled to receive, in addition to the salary or compensation allowed by subsection 1, mileage for transportation necessary to fulfill his or her duties as determined by the board of county commissioners, at the rate for such mileage as is provided by law to be allowed to county officers.
Except when the county surveyor is paid a salary, the county surveyor shall file with the clerk of the board of county commissioners a proper statement of account for all services the county surveyor performs, and for all allowances claimed by him or her for mileage, duly acknowledged as provided by law for filing claims for payment of accounts due from the county.

[13a:64:1861; added 1949, 144 ; 1943 NCL § 2174.02]—(NRS A 1997, 271 )

NRS 255.070

NRS

255.070

Deputies: Appointment; oaths.

The county surveyor may appoint deputy surveyors, who shall severally take and subscribe to the oath of office, and for the faithful performance of whose duties the county surveyor shall be responsible.

[3:64:1861; B § 3058; BH § 2212; C § 2363; RL § 1666; NCL § 2166]

NRS 255.080

NRS

255.080

Certificate admissible in evidence.

The certificate of the county surveyor, or any of the county surveyors deputies, shall be submitted as legal evidence in any court of this state, but the same may be subject to be rebutted by other evidence. Surveys made by the mutual consent of parties may also be admitted as legal evidence in any court of this state; but this section shall not be so construed as to exclude the testimony of other surveyors or engineers.

[4:64:1861; B § 3059; BH § 2213; C § 2364; RL § 1667; NCL § 2167]

NRS 255.090

NRS

255.090

Survey by disinterested person when county surveyor an interested party.

When it shall appear that the county surveyor is interested in any tract of land, the title of which is in dispute before any court, and a survey of which is necessary, the court shall direct the survey to be made by some capable and disinterested person, who shall return such survey on oath or affirmation, and shall receive for his or her services a fair and reasonable compensation.

[5:64:1861; B § 3060; BH § 2214; C § 2365; RL § 1668; NCL § 2168]

NRS 255.100

NRS

255.100

Survey ordered by court or board of county commissioners.

The county surveyor, either by himself or herself or one of the county surveyors deputies, shall execute any survey that may be required by order of any court, or upon the order or at the direction of the board of county commissioners.

[7:64:1861; A 1949, 144 ; 1943 NCL § 2170]

NRS 255.110

NRS

255.110

Records and maps: Duties; public inspection.

The county surveyor shall:

(a) Keep a correct and fair record of all surveys made by him or her in his or her official capacity, or by the county surveyors deputies acting in his or her stead, in the form of original field notes in field books to be provided by the county for that purpose.

(b) Number such surveys progressively.

(c) Make and preserve a fair and accurate record map of each survey, drawn in waterproof ink on tracing cloth or produced by the use of other materials of a permanent nature generally used for that purpose in the engineering profession, endorsing thereon its proper number and his or her official certificate of survey.

(d) Obtain maps of mining claims, mill sites and tunnel rights recorded with the county recorder and prepare a county mining claim map which must accurately reflect the location of all such claims. A county surveyor shall not refuse to accept a map submitted by the locator of the mine, nor shall the county surveyor prepare a map in lieu of one submitted by the locator, unless he or she can affirmatively show that the map submitted does not accurately reflect the location of all of the claims.

All records of surveys required by this chapter must be transmitted by the county surveyor to his or her successor in office.
Field notes and records maps must be available for copying to any person requiring a copy of the field notes or records maps.

[8:64:1861; A 1949, 144 ; 1943 NCL § 2171]—(NRS A 1960, 136 ; 1971, 2196 ; 1973, 868 ; 2001, 1746 )

NRS 255.120

NRS

255.120

Survey: Courses; variation of meridian.

In all surveys:

The courses shall be expressed according to the true meridian.
The variation of the magnetic meridian from the true meridian shall be expressed on the plat with the year, month and day of the survey.

[9:64:1861; B § 3064; BH § 2218; C § 2369; RL § 1672; NCL § 2172]

NRS 255.130

NRS

255.130

Certification of subdivision plat; fees.

Before a subdivision plat is accepted by a board of county commissioners pursuant to law, the subdivision plat must be submitted to and certified as to its correctness and eligibility for recording by the county surveyor, or the county surveyors deputy, if there is one qualified to act in the county.
Reasonable fees based on work done by the county surveyor or the county surveyors deputy must be paid to the county by the subdivider.

[13:64:1861; added 1949, 144 ; 1943 NCL § 2174.01]—(NRS A 1997, 272 )

NRS 266.019

NRS

266.019

Petition for incorporation: Contents; form.

The petition for incorporation must include the following information concerning the area proposed to be incorporated:

(a) A description of the area prepared by a professional land surveyor licensed pursuant to chapter 625 of NRS, which need not be made from a current survey nor contain courses and distances measured from fixed points, but may be based upon assessors parcel maps, existing boundaries of subdivision or parcel maps, visible ground features, extensions of the visible ground features, or by any boundary that coincides with the official boundary of the state, a county, a city, a township, a section or any combination thereof.

(b) The proposed name of the city.

(d) The number of persons who reside in the area.

(e) The number of owners of record of real property within the area.

(f) A statement that the area meets the requirements of NRS 266.017 .

(g) A statement of the committees plans for providing police and fire protection, maintaining the streets, providing water and sewer services, collecting the garbage and providing administrative services in the proposed city, with an estimate of the costs and sources of revenue.

(h) A map or plat of the area which is prepared from the description required by paragraph (a) and that shows the existing dedicated streets, sewer interceptors and outfalls and their proposed extensions.

The petition must be substantially in the following form:

PETITION FOR INCORPORATION

To the Board of County Commissioners of ................ County, Nevada:

We, the undersigned qualified electors of the State of Nevada respectfully petition the board of county commissioners to submit a proposal to incorporate as a city certain unincorporated contiguous area located within ................ County namely, ......................... (describe area to be incorporated), to the qualified electors who reside within the area to be incorporated, for their approval or disapproval at a special election to be held for that purpose.

Each signer of this petition states:

I have personally signed this petition as a qualified elector of this state; and
I have correctly stated on this petition my residence, mailing address and the date of my signature.

(Added to NRS by 1987, 1701 ; A 1989, 235 ; 1997, 1062 )

NRS 266.0335

NRS

266.0335

Preparation of legal description of incorporated city.

Upon approval of the incorporation by the voters, the board of county commissioners shall authorize a professional land surveyor licensed pursuant to chapter 625 of NRS to prepare a legal description of the area of the incorporated city by metes and bounds and courses and distances. The cost of the survey is a charge against the incorporated city.

(Added to NRS by 1989, 234 ; A 1997, 1063 )

NRS 268.556

NRS

268.556

Application of proceeds; components of cost of project.

The proceeds from the sale of any bonds shall be applied only for the purpose for which the bonds were issued and if, for any reason, any portion of such proceeds is not needed for the purpose for which the bonds were issued, such unneeded portion of such proceeds shall be applied to the payment of the principal of or the interest on the bonds.
The cost of acquiring, improving and equipping any project shall be deemed to include the actual costs of acquiring and improving a site or the cost of the construction of any part of a project which may be constructed, plus the total of all reasonable or necessary costs incidental to the acquisition, construction, reconstruction, repair, alteration, improvement, equipment and extension of any project, including without limitation:

(a) The cost of studies and surveys;

(b) Plans, specifications, architectural and engineering costs;

(d) Financing, acquisition, demolition, construction, equipment and site development of new and rehabilitated buildings;

(e) Rehabilitation, reconstruction, repair or remodeling of existing buildings;

(f) Acquisition, installation, construction, reconstruction, repair, alteration and improvement of fixtures, machinery, equipment and furnishings;

(g) An initial bond and interest reserve together with interest on bonds issued to finance such project to a date 6 months subsequent to the estimated date of completion; and

(h) All other necessary and incidental expenses.

(Added to NRS by 1967, 1757 ; A 1977, 597 )

NRS 268.578

NRS

268.578

Plans for extension of services to territory proposed to be annexed; contents of report.

Any city exercising authority under NRS 268.570

to 268.608 , inclusive, shall make plans for the extension of services to the territory proposed to be annexed and shall, at least 20 days before the public hearing provided for in NRS 268.590 , prepare and file with its city clerk a report setting forth the plans to provide services to the territory. The report must include:

An accurate map or plat of the territory proposed to be annexed, prepared under the supervision of a competent surveyor or engineer.
A map or maps of the city and the adjacent territory to show the following information:

(a) The present and proposed boundaries of the annexing city.

(b) The present streets and sewer interceptors and outfalls and, if the annexing city operates its own water system or furnishes other utility services, the present major trunk water lines and other utility lines.

(c) The proposed extensions of the present streets, sewer interceptors and outfalls, major trunk water mains and utility lines, as the case may be, as required in subsection 4.

(d) The present and proposed general land use pattern in the territory proposed to be annexed.

A statement showing that the territory proposed to be annexed meets the requirements of NRS 268.580 .
A statement setting forth the plans of the annexing city for extending into the territory proposed to be annexed each major municipal service performed within the annexing city at the time of annexation. Specifically, such plans:

(a) Must provide for extending police protection, fire protection, street maintenance and garbage collection to the territory proposed to be annexed on the effective date of the annexation, on substantially the same basis and in the same manner as such services were provided by the annexing city to the property owners and residents within the remainder of the city immediately before the effective date of the annexation.

(b) Must provide for the extension of streets, sewer interceptors and outfalls and other major municipal services into the territory proposed to be annexed so that when the streets and utility services are so extended, property owners and residents in the territory proposed to be annexed will be able to secure such services, according to the policies in effect in the annexing city for furnishing such services to individual lots or subdivisions.

(c) May provide that the extension of streets, sewer interceptors and outfalls and other major municipal services be done at the expense of the property owners in the territory proposed to be annexed, if it is the policy of the annexing city, at the time of the annexation, to furnish such services to individual lots or subdivisions at the expense of the property owners, either by means of special assessment districts or the requirement of the dedication of essential rights-of-way and the installation of off-site improvements as a prerequisite to the approval of subdivision plats or to the issuance of any building permit, rezoning, zone variance or special use permit. In that event, the plans must designate which services, or portions thereof, will be extended at the expense of the annexing city and which services, or portions thereof, will be extended at the expense of the property owners. Services extended at the property owners cost must be distributed and allocated to each parcel of property based on current costs, including both improvement costs and projected service costs, and must be a part of the annexation plan prepared by the municipality.

(d) Must, if the extension of any streets, sewer interceptors and outfalls or other major municipal services into the territory proposed to be annexed is to be done at the expense of the annexing city, set forth a proposed schedule for the construction of the extensions as soon as possible following the effective date of the annexation. In any event, the plans must call for contracts to be let and construction to begin within 24 months following the effective date of the annexation.

(e) Must set forth the method under which the annexing city plans to finance the extension of any services into the territory proposed to be annexed which is to be done at the expense of the annexing city.

(Added to NRS by 1967, 1602 ; A 1981, 344 )

NRS 268.600

NRS

268.600

Preparation of map or plat of annexed territory; recording of map or plat and ordinance; county recorder to provide copy of map or plat or access to digital map or plat to county assessor.

Whenever the corporate limits of any city are extended in accordance with the provisions of NRS 268.570 to 268.608 , inclusive, the governing body of such city shall cause an accurate map or plat of the annexed territory, prepared under the supervision of a competent surveyor or engineer, together with a certified copy of the annexation ordinance in respect thereof, to be recorded in the office of the county recorder of the county in which such territory is situated, which recording shall be done prior to the effective date of the annexation as specified in the annexation ordinance. A duplicate copy of such map or plat and such annexation ordinance shall be filed with the Department of Taxation.
A county recorder who records a map or plat pursuant to this section shall, within 7 working days after recording the map or plat, provide to the county assessor at no charge:

(a) A duplicate copy of the map or plat and any supporting documents; or

(b) Access to the digital map or plat and any digital supporting documents. The map or plat and the supporting documents must be in a form that is acceptable to the county recorder and the county assessor.

(Added to NRS by 1967, 1608 ; A 1973, 1081 ; 1975, 1682 ; 2001, 1558 ; 2003, 2783 )

NRS 268.606

NRS

268.606

Expenditures authorized by cities.

Municipalities instituting annexations under the provisions of NRS 268.570 to 268.608 , inclusive, are authorized to make expenditures for surveys required to describe the territory proposed to be annexed, or for any purpose necessary to plan for the study, annexation, or both, of any unincorporated territory contiguous to the municipality. In addition, following the final passage of the annexation ordinance and prior to the effective date of the annexation, the annexing city shall have authority to proceed with expenditures and take such other actions appropriate for the construction of streets, utility lines and other capital facilities and for any other purpose calculated to bring services into the annexed area in a more effective and expeditious manner.

(Added to NRS by 1967, 1609 )

NRS 268.608

NRS

268.608

Methods used in determining population, degree of subdivision and use of land; estimates to be accepted by district court.

In determining the population and the degree of land subdivision and use for the purposes of meeting the requirements of NRS 268.580 , the annexing city shall use methods calculated to provide reasonably accurate results. In determining whether the standards set forth in NRS 268.580 have been met on appeal to the district court, as provided in NRS 268.604 , the court shall accept the estimates of the municipality as to:

Population, if the estimate is based upon the number of dwelling units in the area, multiplied by the average family size in the county in which the annexed territory is situate, as determined by the last federal decennial census; or if it is based upon a new enumeration carried out under reasonable rules and regulations by the annexing city; but the court shall not accept such estimates if the applicant demonstrates that such estimates are in error in the amount of 20 percent or more.
Total area, if the estimate is based upon an actual survey, or upon county tax maps or records, or upon aerial photographs or upon some other reasonably reliable map used for official purposes by any governmental agency, unless the applicant demonstrates that such estimates are in error in the amount of 20 percent or more.
The degree of land subdivision and use, if the estimates are based upon an actual survey, or upon county tax maps or records, or upon aerial photographs or upon some other reasonably reliable source unless the applicant demonstrates that such estimates are in error in the amount of 20 percent or more.

(Added to NRS by 1967, 1609 )

ANNEXATION BY CITIES IN OTHER COUNTIES

NRS 268.636

NRS

268.636

Procedures for initiating annexation or detachment of property.

The annexation of territory not included within the boundaries of any city to a city, or the detachment of territory from one city and its annexation to another city, may be initiated by either of the following methods:

Whenever a majority of the property owners of any territory lying contiguous to a city desire to annex such territory to the city, they may cause an accurate map or plat of the territory to be made under the supervision of a competent surveyor. A copy of the map or plat, certified by the surveyor, and a petition in writing signed by a majority of the property owners of such territory shall be filed in the office of the clerk of the governing body of such city.
Whenever the governing body of any city deems it necessary to annex any contiguous territory to the city, the governing body may adopt a resolution declaring its intention to annex such territory. The resolution shall:

(a) Describe the territory to be annexed; and

(b) Order a plat of the territory to be filed in the office of the clerk of the governing body.

(Added to NRS by 1967, 1621 )

NRS 268.664

NRS

268.664

Proceedings for detachment of territory from city.

The governing body shall have power by ordinance or other appropriate legal action taken to diminish, reduce and contract the established limits or boundaries of the city and to detach and sever from the city any area or territory within such limits, in the following manner:

(a) The governing body, of its own motion or upon petition in writing signed by a majority of the property owners within the area proposed or sought to be detached, shall cause to be prepared and filed with its clerk an accurate map or plat, made and certified by a competent surveyor, showing the area proposed or sought to be detached and the boundaries contemplated to be diminished or contracted.

(b) Two copies of such plat, with a brief statement in duplicate of the reasons for the proposed action, shall then be filed with the commission, which shall review the proposal and act upon it in the manner provided by NRS 268.638 to 268.652 , inclusive.

(c) The governing body shall then cause to be published in a newspaper in the city for not less than 1 week a notice of its intention to consider and act upon the matter of the proposed change in the boundaries, briefly describing such change and referring to the map on file, and fixing a time when the governing body will meet and consider objections or protests against the proposed change.

(d) At the time fixed, unless there is presented and filed written objections or protests against such change, signed by a majority of the property owners within the area proposed or sought to be detached, the governing body may take favorable action upon the matter, and may by ordinance or other appropriate legal action taken declare the area under consideration severed and detached from the city, and the boundaries diminished or contracted as proposed.

(e) A copy of the map mentioned in paragraph (a), certified by the surveyor and by the clerk, with a certified copy of the ordinance or action as passed, approved and published, shall be at once filed with the county recorder of the proper county and upon such filing the change in boundaries shall be deemed complete and the area detached.

Where any territory is detached from a city as provided in this section, provision shall be made for such proportion of any outstanding general obligations of such city as the assessed valuation of property in the territory bears to the total assessed valuation of property in such city and for such proportion of any obligations secured by the pledge of revenues from a public improvement as the revenue arising within the territory bears to the total revenue from such improvement as follows:

(a) If the territory is annexed to another city, such proportionate obligation shall be assumed according to its terms by the annexing city.

(b) If the territory is not so annexed, taxes shall be levied by the board of county commissioners upon all taxable property in the district, sufficient to discharge such proportionate general obligation according to its terms.

(c) In lieu of either method provided in paragraphs (a) and (b), where substantially all of the physical improvements for which the obligation was incurred are within the territory remaining, and with the consent of the governing body of the city from which such territory is detached and of the holders of such obligations, the entire obligation may be assumed by such city and the detached territory released therefrom.

(Added to NRS by 1967, 1625 )

NRS 269.650

NRS

269.650

Annexation by town whose population is less than 25,000 in county whose population is less than 700,000: Ordinance; boundaries.

In a county whose population is less than 700,000, those areas, including subdivisions, which are adjacent or contiguous to an unincorporated town whose population is less than 25,000, and which require substantially all of the services described in NRS 269.575 , may be annexed by the unincorporated town by ordinance adopted by the town board or the board of county commissioners. The ordinance must contain a provision requiring that the town boundary be surveyed, mapped, platted and so enlarged as to include the area to be annexed. Upon filing of the plat or map of the town, including the area annexed, it constitutes the legal boundary of the town.

(Added to NRS by 1979, 279 ; A 1979, 1333 ; 1989, 1916 ; 2011, 1168 )

NRS 270.020

NRS

270.020

Survey may be made; preparation and contents of map.

The city council, or other legislative board of any such city, upon its own motion or resolution or upon the petition of any property holder and taxpayer within the city, affected by such loss, destruction, uncertainty, ambiguity, confusion or conflict, may instruct and employ the city surveyor or the county surveyor of the county in which the city is situate, or any other professional land surveyor, to make a complete survey of such city or of such part thereof or addition thereto and to prepare a correct and accurate map or plat of such survey, upon which map or plat all of the blocks, lots, streets, alleys, highways, parks, school property, cemeteries and other properties devoted to public use must be shown.
The map or plat must show by course and distance accurate ties with well-known and established section, or quarter section, corner or corners, and with some permanent artificial monument or monuments erected or constructed with definite and exact relation to the center line of the streets of such city or such part thereof or addition thereto and with such marks or monuments of original surveys as may be found and identified, together with an accurate description of each such section, or quarter section, corner, monument or mark.
The map must be entitled substantially as follows: Map of survey of city of ................(or of........ addition to city of ................, as the case may be) under the provisions of chapter 270 of NRS and in accordance with a resolution of the board of supervisors of the city of ................ (or as the case may be). Passed ................ (giving date).
The map must bear the sworn certificate of the surveyor making the same and must be made upon vellum, tracing cloth or other material of a permanent nature generally used for such purpose in the engineering profession, and must be drawn to a convenient scale sufficiently large to show clearly all lines and corners of blocks, lots, streets, alleys, highways, parks, school property, cemeteries and other property devoted to public use. Where there is any uncertainty as to the correct position, description or line of any lot, block, street, alley or other piece or parcel of property affected, or wherever there is a conflict or contradiction in point, line, numbering, lettering or other description, by reason of conflicting maps, theretofore filed or recorded, or by reason of mistakes or inaccuracies in any prior map or plat, or otherwise, the same must be clearly shown or indicated. Wherever the line on which fences, buildings or other improvements have been built in accordance with prior maps, plats or surveys, or otherwise, and the same appear to be in conflict with the lines, points or directions, as shown in the map or plat herein provided for, such conflict or conflicts must likewise be clearly shown.
The map may be prepared in as many sections and with such changes in scale as may be necessary to show clearly the matters herein required.

[2:120:1919; 1919 RL p. 2664; NCL § 1356]—(NRS A 1960, 136 ; 1977, 1515 ; 1989, 789 )

NRS 270.030

NRS

270.030

Compensation of surveyor; employment of other engineers.

The city council or other legislative board of the city shall allow to the city engineer or county engineer or other engineer employed for making such survey and maps a reasonable compensation for the services of the engineer so employed and for the services of such assistant or assistants as that engineer may employ in the work and such expenses as are necessary to mark permanently the points and lines of such survey.
In the event that the engineer employed shall for any reason fail to complete the work within a reasonable time, the board or council may employ such other and further engineers or surveyors as may be necessary to complete the work.

[3:120:1919; 1919 RL p. 2664; NCL § 1357]

NRS 270.040

NRS

270.040

Filing of original map with clerk; posting of copies; notice of time for objections.

When the survey has been completed and the map or maps, or plat or plats, prepared as provided in NRS 270.010 to 270.150 , inclusive, the board or council shall cause sufficient prints thereof to be made, whereupon the original map or maps so prepared shall be filed with the clerk of the board or council, who shall endorse the date of filing thereon and shall cause prints thereof to be placed on display in each of 3 public places within the city and shall give public notice thereof by posting in at least 3 public places in the city and by publication in a newspaper printed and published in the county and of general circulation in the city, at least once a week for 4 successive weeks.
The notice shall state briefly the filing of the plat or map, the purpose thereof and the places where the same is on display, and shall notify all persons that may be affected thereby to file their written objections or exceptions thereto, if any they have, with the board or council, not more than 60 days from the date of the first publication of the notice and that after the expiration of such period the maps or plats will be filed with the district court for their adoption and approval in accordance with the provisions of NRS 270.010 to 270.150 , inclusive. The posting shall be made within 5 days of the first publication. If no newspaper is printed or published within the county, the publication shall be made in a newspaper printed and published in one of the counties nearest thereto.
The due publication of the notice shall be shown by the affidavit of the manager or publisher of the newspaper in which the same is published, and the posting of the notice shall be shown by affidavit of the clerk or of the person posting the notices.
The board or council shall also furnish additional blue or blueline prints of the maps or plats at a reasonable cost to any parties desiring such copies.

[4:120:1919; 1919 RL p. 2665; NCL § 1358]

NRS 270.090

NRS

270.090

Findings of fact, conclusions of law and judgment; recording of certified copy of judgment, map and plat; fees for recording; county recorder to provide copy of map or plat or access to digital map or plat to county assessor.

The findings of fact and conclusions of law and judgment must be made and entered as in other cases, and exceptions, motions for new trial and appeals may be had as provided in NRS and the Nevada Rules of Appellate Procedure.
The court or judge thereof shall in the findings and decree establish a definite map or plat of the city, or part thereof or addition thereto, in accordance with the pleadings and proof, and shall, by reference, make a part of the findings and judgment the map or plat so established.
Wherever blocks or parts of blocks in the original lost, destroyed, conflicting, erroneous or faulty maps or plats have been insufficiently or incorrectly platted, numbered or lettered, the omission, insufficiency or fault must be supplied and corrected in accordance with the pleadings and proof.
If the map or plat prepared by the surveyor is inadequate or impracticable of use for the judgment, the judgment or decree may require the making of a new map or plat in accordance with the provisions of the findings and judgment.
A certified copy of the judgment, together with the map or plat as is established by the court, must be recorded in the office of the county recorder of the county in which the action is tried. All the ties and descriptions of section or quarter section corners, monuments or marks required by NRS 270.020

must appear on the map finally established by the judgment. The county recorder may collect and receive as fees for recording and indexing the certified copy of the judgment and map, $10 for the map, and the specific statutory fees for the judgment, but not exceeding $50.

The judgment may require that all prior existing maps in conflict with the map or plat adopted be so marked or identified by the county recorder to show the substitution of the new map or plat in place thereof.
A county recorder who records a map or plat pursuant to this section shall, within 7 working days after recording the map or plat, provide to the county assessor at no charge:

(a) A duplicate copy of the map or plat and any supporting documents; or

[9:120:1919; A 1929, 17 ; NCL § 1363]—(NRS A 1977, 1517 ; 1983, 349 ; 2001, 1559 , 1757 ;

2003, 2785 )

NRS 271.070

NRS

271.070

Cost and cost of project defined.

Cost, or cost of the project, or words of similar import, means all or any part designated by the governing body of the cost of any facilities, project, or interest therein, being acquired, which cost, at the option of the governing body may include all or any part of the incidental costs pertaining to the project, including without limiting the generality of the foregoing, preliminary expenses advanced by the municipality from funds available for use therefor in the making of surveys, preliminary plans, estimates of cost, assessment plats, other preliminaries, the costs of appraising, printing, employing engineers, architects, fiscal agents, attorneys at law, clerical help, other agents or employees, costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the project, the taking of options, the levy of assessments, the issuance of securities, the filing or recordation of instruments, the discounting of bonds, interest on interim warrants, the levy and collection of assessments and installments thereof, and all other expenses necessary or desirable and appertaining to any project, as estimated or otherwise ascertained by the governing body.

(Added to NRS by 1965, 1350 )

NRS 278.014

NRS

278.014

County surveyor defined.

County surveyor means a person appointed as such or a person designated by a board of county commissioners or the Board of Supervisors of Carson City to perform the duties of a county surveyor pursuant to this chapter.

(Added to NRS by 1993, 2557 )

NRS 278.0274

NRS

278.0274

Contents of regional plan.

The comprehensive regional plan must include goals, policies, maps and other documents relating to:

Population, including a projection of population growth in the region and the resources that will be necessary to support that population.
Conservation, including policies relating to the use and protection of air, land, water and other natural resources, ambient air quality, natural recharge areas, floodplains and wetlands, and a map showing the areas that are best suited for development based on those policies.
The limitation of the premature expansion of development into undeveloped areas, preservation of neighborhoods and revitalization of urban areas, including, without limitation, policies that relate to the interspersion of new housing and businesses in established neighborhoods and set forth principles by which growth will be directed to older urban areas.
Land use and transportation, including the classification of future land uses by density or intensity of development based upon the projected necessity and availability of public facilities, including, without limitation, schools, and services and natural resources, and the compatibility of development in one area with that of other areas in the region. This portion of the plan must:

(a) Address, if applicable:

(1) Mixed-use development, transit-oriented development, master-planned communities and gaming enterprise districts; and

(2) The coordination and compatibility of land uses with each military installation in the region, taking into account the location, purpose and stated mission of the military installation;

(b) Allow for a variety of uses;

(c) Describe the transportation facilities that will be necessary to satisfy the requirements created by those future uses; and

(d) Be based upon the policies and map relating to conservation that are developed pursuant to subsection 2, surveys, studies and data relating to the area, the amount of land required to accommodate planned growth, the population of the area projected pursuant to subsection 1, and the characteristics of undeveloped land in the area.

Public facilities and services, including provisions relating to sanitary sewer facilities, solid waste, flood control, potable water and groundwater aquifer recharge which are correlated with principles and guidelines for future land uses, and which specify ways to satisfy the requirements created by those future uses. This portion of the plan must:

(a) Describe the problems and needs of the area relating to public facilities and services and the general facilities that will be required for their solution and satisfaction;

(b) Identify the providers of public services within the region and the area within which each must serve, including service territories set by the Public Utilities Commission of Nevada for public utilities;

(c) Establish the time within which those public facilities and services necessary to support the development relating to land use and transportation must be made available to satisfy the requirements created by that development; and

(d) Contain a summary prepared by the regional planning commission regarding the plans for capital improvements that:

(1) Are required to be prepared by each local government in the region pursuant to NRS 278.0226 ; and

(2) May be prepared by the water planning commission of the county, the regional transportation commission and the county school district.

Annexation, including the identification of spheres of influence for each unit of local government, improvement district or other service district and specifying standards and policies for changing the boundaries of a sphere of influence and procedures for the review of development within each sphere of influence. As used in this subsection, sphere of influence means an area into which a political subdivision may expand in the foreseeable future.
Intergovernmental coordination, including the establishment of guidelines for determining whether local master plans and facilities plans conform with the comprehensive regional plan.
Any utility project required to be reported pursuant to NRS 278.145 .

(Added to NRS by 1989, 762 ; A 1991, 953 ; 1997, 1982 ; 1999, 2126 ; 2005, 1587 ; 2007, 340 ; 2009, 2759 ; 2011, 3744 )

NRS 278.190

NRS

278.190

Promotion of plans and regulations; consultations and advice; entry upon land; general powers.

The commission shall endeavor to promote public interest in and understanding of the master plan and of official plans and regulations relating thereto. As a means of furthering the purpose of a master plan, the commission shall annually make recommendations to the governing body for the implementation of the plan.
It also shall consult and advise with public officials and agencies, public utility companies, civic, educational, professional and other organizations, and with citizens generally with relation to the carrying out of such plans.
The commission, and its members, officers and employees, in the performance of their functions, may enter upon any land and make examinations and surveys and place and maintain necessary monuments and marks thereon.
In general, the commission shall have such power as may be necessary to enable it to fulfill its functions and carry out the provisions of NRS 278.010 to 278.630 , inclusive.

[Part 8:110:1941; A 1947, 834 ; 1943 NCL § 5063.07]—(NRS A 1973, 1826 ; 2013, 3222 )

NRS 278.320

NRS

278.320

Subdivision defined; exemptions for certain land.

Subdivision means any land, vacant or improved, which is divided or proposed to be divided into five or more lots, parcels, sites, units or plots, for the purpose of any transfer or development, or any proposed transfer or development, unless exempted by one of the following provisions:

(a) The term subdivision does not apply to any division of land which is subject to the provisions of NRS 278.471 to 278.4725 , inclusive.

(b) Any joint tenancy or tenancy in common shall be deemed a single interest in land.

(c) Unless a method of disposition is adopted for the purpose of evading this chapter or would have the effect of evading this chapter, the term subdivision does not apply to:

(1) Any division of land which is ordered by any court in this State or created by operation of law;

(2) A lien, mortgage, deed of trust or any other security instrument;

(3) A security or unit of interest in any investment trust regulated under the laws of this State or any other interest in an investment entity;

(4) Cemetery lots; or

(5) An interest in oil, gas, minerals or building materials, which are now or hereafter severed from the surface ownership of real property.

A common-interest community consisting of five or more units shall be deemed to be a subdivision of land within the meaning of this section, but need only comply with NRS 278.326 to 278.460 , inclusive, and 278.473 to 278.490 , inclusive.
The board of county commissioners of any county may exempt any parcel or parcels of land from the provisions of NRS 278.010 to 278.630 , inclusive, if:

(a) The land is owned by a railroad company or by a nonprofit corporation organized and existing pursuant to the provisions of chapter 81 or 82

of NRS which is an immediate successor in title to a railroad company, and the land was in the past used in connection with any railroad operation; and

(b) Other persons now permanently reside on the land.

Except as otherwise provided in subsection 5, this chapter, including, without limitation, any requirements relating to the adjustment of boundary lines or the filing of a parcel map or record of survey, does not apply to the division, exchange or transfer of land for agricultural purposes if each parcel resulting from such a division, exchange or transfer:

(a) Is 10 acres or more in size, unless local zoning laws require a larger minimum parcel size, in which case each parcel resulting from the division, exchange or transfer must comply with the parcel size required by those local zoning laws;

(b) Has a zoning classification that is consistent with the designation in the master plan, if any, regarding land use for the parcel;

(d) Qualifies for agricultural use assessment under NRS 361A.100 to 361A.160 , inclusive, and any regulations adopted pursuant thereto; and

(e) Is accessible:

(1) By way of an existing street, road or highway;

(2) Through other adjacent lands owned by the same person; or

(3) By way of an easement for agricultural purposes that was granted in connection with the division, exchange or transfer.

The exemption from the provisions of this chapter, which exemption is set forth in subsection 4, does not apply with respect to any parcel resulting from the division, exchange or transfer of agricultural lands if:

(a) Such resulting parcel ceases to qualify for agricultural use assessment under NRS 361A.100 to 361A.160 , inclusive, and any regulations adopted pursuant thereto; or

(b) New commercial buildings or residential dwelling units are proposed to be constructed on the parcel after the date on which the division, exchange or transfer took place. The provisions of this paragraph do not prohibit the expansion, repair, reconstruction, renovation or replacement of preexisting buildings or dwelling units that are:

(1) Dilapidated;

(2) Dangerous;

(3) At risk of being declared a public nuisance;

(4) Damaged or destroyed by fire, flood, earthquake or any natural or man-made disaster; or

(5) Otherwise in need of expansion, repair, reconstruction, renovation or replacement.

[18.1:110:1941; added 1947, 834 ; 1943 NCL § 5063.17a]—(NRS A 1971, 938 ; 1973, 1336 ; 1975, 6 , 1178 ,

1563 ;

1977, 1495 ; 1979, 1498 ; 1991, 582 , 1312 ,

1318 ;

2003, 974 ; 2007, 563 ; 2013, 3224 )

NRS 278.325

NRS

278.325

Mapping for industrial or commercial development; restriction on sale of parcel for residential use; requirements for creating boundary by conveyance.

If a subdivision is proposed on land which is zoned for industrial or commercial development, neither the tentative nor the final map need show any division of the land into lots or parcels, but the streets and any other required improvements are subject to the requirements of NRS 278.010 to 278.630 , inclusive.
No parcel of land may be sold for residential use from a subdivision whose final map does not show a division of the land into lots.
Except as otherwise provided in subsection 4, a boundary or line must not be created by a conveyance of a parcel from an industrial or commercial subdivision unless a professional land surveyor has surveyed the boundary or line and set the monuments. The surveyor shall file a record of the survey pursuant to the requirements set forth in NRS 625.340 . Any conveyance of such a parcel must contain a legal description of the parcel that is independent of the record of survey.
The provisions of subsection 3 do not apply to a boundary or line that is created entirely within an existing industrial or commercial building. A certificate prepared by a professional engineer or registered architect certifying compliance with the applicable law of this State in effect at the time of the preparation of the certificate and with the building code in effect at the time the building was constructed must be attached to any document which proposes to subdivide such a building.
A certificate prepared pursuant to subsection 4 for a building located in a county whose population is 700,000 or more must be reviewed, approved and signed by the building official having jurisdiction over the area within which the building is situated.

(Added to NRS by 1969, 723 ; A 1993, 2560 ; 2005, 2668 ; 2007, 2922 ; 2011, 1194 ; 2013, 3226 )

NRS 278.371

NRS

278.371

Survey, setting of monuments and preparation of final map; performance bond.

The survey, setting of monuments and final map must be made by a professional land surveyor licensed in the State of Nevada.
The final monuments must be set before the recordation of the final map unless the subdivider furnishes a performance bond or other suitable assurance to the governing body or planning commission guaranteeing that the subdivider will provide a professional land surveyor to set the monuments on or before a day certain. The governing body or planning commission shall determine the amount of the performance bond, if any is required. If a surveyor other than the one signing the final plat accepts responsibility for the setting of monuments, a certificate of amendment must be filed and recorded.
The final monument must, except as otherwise provided in subsections 6 and 7, consist of a nonferrous tablet, disc or cap securely attached to the top of a metallic shaft solidly embedded in the ground, with a minimum diameter of 5/8 of an inch and a length sufficient to resist removal, and a mark for the exact point and stamped PLS followed by the number of the professional land surveyors license.
Final monuments must be set at:

(a) Each corner of the boundary of the subdivision and at any point necessary to ensure that each monument on a given boundary can be seen from the next monument on that boundary.

(b) Intersections of centerlines of streets.

(c) Sufficient locations along the centerlines of streets so that the centerlines may be retraced. These locations may be at, or on an offset to, an angle to the centerline of a street, the center of a cul-de-sac, a point which defines a curve (the beginning or end of a curve or a point of intersection of a tangent) or an intersection with a boundary of the subdivision.

(d) A position for a corner of the system of rectangular surveys which is used as control in the survey required by this chapter to establish property lines and corners of the subdivision.

Ê The governing body shall, by ordinance, adopt any additional standards for the setting of final monuments which are reasonably necessary, including the establishment of Nevada state plane coordinates thereon pursuant to chapter 327 of NRS.

A final monument required in subsection 4 which falls in a paved area must:

(a) Consist of a well with lid placed so that the top of the tablet, disc or cap of the monument is not less than 4 inches below the surface of the pavement; or

(b) Be of comparable construction as required by the governing body.

Ê The monument must be set flush with the top of the pavement with such references as are required by the governing body.

If a point designated in subsection 4 falls on solid bedrock or on a concrete or stone roadway, curb, gutter or walk, a durable nonferrous metal tablet, disc or cap must be securely anchored in the rock or concrete and marked as required in subsection 3.
If a monument required by subsection 3 cannot be set because of steep terrain, water, marsh or existing structures, or if it would be obliterated as a result of proposed construction, one or more reference monuments must be set. In addition to the physical requirements for a monument set forth in subsections 3 to 6, inclusive, the letters RM and WC must be stamped in the tablet, disc or cap. If only one reference monument is used, it must be set on the actual line or a prolongation thereof. Otherwise, at least two reference monuments must be set. These monuments shall be deemed final monuments.
A corner of a lot must be set by the land surveyor in the manner approved by the governing body.

(Added to NRS by 1977, 1501 ; A 1985, 564 ; 1987, 660 ; 1989, 790 ; 1993, 1196 ; 1997, 1063 )

NRS 278.372

NRS

278.372

Final map: Requirements and contents.

The final map must be clearly and legibly drawn in permanent black ink upon good tracing cloth or produced by the use of other materials of a permanent nature generally used for such purpose in the engineering profession. Affidavits, certificates and acknowledgments must be legibly stamped or printed upon the final map with permanent black ink.
The size of each sheet of the final map must be 24 by 32 inches. A marginal line must be drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom and right edges, and of 2 inches at the left edge along the 24-inch dimension.
The scale of the final map must be large enough to show all details clearly. The final map must have a sufficient number of sheets to accomplish this end.
Each sheet of the final map must indicate its particular number, the total number of sheets in the final map and its relation to each adjoining sheet.
The final map must show all surveyed and mathematical information and data necessary to locate all monuments and to locate and retrace all interior and exterior boundary lines appearing thereon, including the bearings and distances of straight lines, central angle, radii and arc length for all curves and such information as may be necessary to determine the location of the centers of curves.
Each lot must be numbered or lettered.
Each street must be named, and each block may be numbered or lettered.
The exterior boundary of the land included within the subdivision must be indicated by graphic border.
The final map must show:

(a) The definite location of the subdivision, particularly its relation to surrounding surveys.

(b) The area of each lot and the total area of the land in the subdivision in the following manner:

(1) In acres, calculated to the nearest one-hundredth of an acre, if the area is 2 acres or more; or

(2) In square feet if the area is less than 2 acres.

(d) Except as otherwise provided in NRS 278.329 , an easement for public utilities that provide gas, electric and telecommunications services and for any video service providers that are authorized pursuant to chapter 711 of NRS to operate a video service network in that area.

(e) Except as otherwise provided in NRS 278.329 , an easement for public utilities that provide water and sewer services.

The final map for a condominium must also indicate, for the purpose of assessing taxes, whether any garage units, parking spaces or storage units may be conveyed separately from the units within the condominium or are parceled separately from those units. As used in this subsection, condominium has the meaning ascribed to it in NRS 116.027 .
The final map must also satisfy any additional survey and map requirements, including the delineation of Nevada state plane coordinates established pursuant to chapter 327 of NRS, for any corner of the subdivision or any other point prescribed by the local ordinance.

[Part 26:110:1941; 1931 NCL § 5063.25]—(NRS A 1960, 137 ; 1973, 1830 ; 1977, 1502 ; 1985, 896 ; 1991, 827 ; 1993, 1197 , 2566 ;

2003, 2345 ; 2005, 2669 ; 2007, 1379 )

NRS 278.375

NRS

278.375

Certificate of professional land surveyor.

A final map presented for filing must include a certificate of the surveyor responsible for the survey. The certificate must be in the following form:

Surveyors Certificate

I, .........................(Name of Surveyor), a Professional Land Surveyor licensed in the State of Nevada, certify that:

This plat represents the results of a survey conducted under my direct supervision at the instance of

(Owner, Trustee, Etc.).

The lands surveyed lie within..............................................................................

(Section, Township, Range, Meridian and, if required by the governing body, a description by metes and bounds for any subdivision which is divided into lots containing 5 acres in area or less),

and the survey was completed on............................................................. (date).

This plat complies with the applicable state statutes and any local ordinances in effect on the date that the governing body gave its final approval.
The monuments depicted on the plat are of the character shown, occupy the positions indicated and are of sufficient number and durability.

(OR)

The monuments depicted on the plat will be of the character shown and occupy the positions indicated by .............................. (a day certain) and an appropriate financial guarantee will be posted with the governing body before recordation to ensure the installation of the monuments.

........................................................ License Number and Stamp:

(Name of Surveyor)

(Added to NRS by 1977, 1503 ; A 1979, 440 ; 1981, 1159 ; 1989, 791 ; 1993, 2567 ; 1997, 1064 )

NRS 278.376

NRS

278.376

Certificate by county or city surveyor or by county or city engineer.

A final map presented for filing must include a certificate by the county surveyor or county engineer if a subdivision lies within an unincorporated area, and if a subdivision lies within a city, a certificate by the city surveyor, city engineer or county surveyor when for that purpose appointed by the governing body of the city, stating:

(a) That he or she has examined the final map; and

(b) That the map is technically correct and that if the monuments have not been set, that a proper performance bond has been deposited guaranteeing their setting on or before a day certain.

The person certifying the information required by this section must be licensed as a professional land surveyor or civil engineer pursuant to chapter 625 of NRS.

(Added to NRS by 1977, 1503 ; A 1989, 792 ; 1991, 1890 ; 1997, 1065 )

NRS 278.460

NRS

278.460

Requirements for recording final map; county recorder to provide copy of final map or access to digital final map to county assessor.

A county recorder shall not record any final map unless the map:

(a) Contains or is accompanied by the report of a title company and all the certificates of approval, conveyance and consent required by the provisions of NRS 278.374

to 278.378 , inclusive, and by the provisions of any local ordinance; and

(b) Is accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid and that the full amount of any deferred property taxes for the conversion of the property from agricultural use has been paid pursuant to NRS 361A.265 .

The provisions of NRS 278.010 to 278.630 , inclusive, do not prevent the recording, pursuant to the provisions of NRS 278.010 to 278.630 , inclusive, and any applicable local ordinances, of a map of any land which is not a subdivision, nor do NRS 278.010 to 278.630 , inclusive, prohibit the recording of a map in accordance with the provisions of any statute requiring the recording of professional land surveyors records of surveys.
A county recorder shall accept or refuse a final map for recordation within 10 days after its delivery to the county recorder.
A county recorder who records a final map pursuant to this section shall, within 7 working days after he or she records the final map, provide to the county assessor at no charge:

(a) A duplicate copy of the final map and any supporting documents; or

(b) Access to the digital final map and any digital supporting documents. The map and supporting documents must be in a form that is acceptable to the county recorder and the county assessor.

[18.2:110:1941; added 1947, 834 ; 1943 NCL § 5063.17b]—(NRS A 1973, 1773 ; 1977, 1504 ; 1989, 500 ; 1991, 1383 ; 1993, 2569 ; 1997, 1584 ; 2001, 1559 , 1760 ;

2003, 2785 ; 2009, 834 )

Parcel Maps

NRS 278.463

NRS

278.463

Survey required; exception.

Except as otherwise provided in this section, a parcel map must be based on a survey made for that purpose. The county surveyor, city surveyor or professional land surveyor appointed by the governing body, may pursuant to NRS 278.464 waive the requirement of a survey if, in his or her judgment, a survey is not required to accomplish the purposes of NRS 278.010 to 278.630 , inclusive.

(Added to NRS by 1975, 1562 ; A 1993, 2571 )

NRS 278.464

NRS

278.464

Action on parcel map by planning commission, governing body or other authorized person or agency; waiver of requirement for map and survey; consideration of certain criteria authorized in determining approval of certain parcel maps; appeals; certificate of approval of parcel map.

Except as otherwise provided in subsection 2, if there is a planning commission, it shall:

(a) In a county whose population is 700,000 or more, or in any city within such county, within 45 days; or

(b) In a county whose population is less than 700,000, or in any city within such county, within 60 days,

Ê after accepting as a complete application a parcel map, recommend approval, conditional approval or disapproval of the map in a written report. The planning commission shall submit the parcel map and the written report to the governing body.

If the governing body has authorized the planning commission to take final action on a parcel map, the planning commission shall:

(a) In a county whose population is 700,000 or more, or in any city within such county, within 45 days; or

(b) In a county whose population is less than 700,000, or in any city within such county, within 60 days,

Ê after accepting as a complete application the parcel map, approve, conditionally approve or disapprove the map. The planning commission shall file its written decision with the governing body. Unless the time is extended by mutual agreement, if the planning commission is authorized to take final action and it fails to take action within the period specified in this subsection, the parcel map shall be deemed approved.

If there is no planning commission or if the governing body has not authorized the planning commission to take final action, the governing body or, by authorization of the governing body, the director of planning or other authorized person or agency shall:

(a) In a county whose population is 700,000 or more, or in any city within such county, within 45 days; or

(b) In a county whose population is less than 700,000, or in any city within such county, within 60 days,

Ê after acceptance of the parcel map as a complete application by the governing body pursuant to subsection 1 or pursuant to subsection 3 of NRS 278.461 , review and approve, conditionally approve or disapprove the parcel map. Unless the time is extended by mutual agreement, if the governing body, the director of planning or other authorized person or agency fails to take action within the period specified in this subsection, the parcel map shall be deemed approved.

The planning commission and the governing body or director of planning or other authorized person or agency shall not approve the parcel map unless the person proposing to divide the land has submitted an affidavit stating that the person will make provision for the payment of the tax imposed by chapter 375 of NRS and for compliance with the disclosure and recording requirements of paragraph (f) of subsection 1 of NRS 598.0923 , if applicable, by the person proposing to divide the land or any successor in interest.
Except as otherwise provided in NRS 278.463 , if unusual circumstances exist, a governing body or, if authorized by the governing body, the planning commission may waive the requirement for a parcel map. Before waiving the requirement for a parcel map, a determination must be made by the county surveyor, city surveyor or professional land surveyor appointed by the governing body that a survey is not required. Unless the time is extended by mutual agreement, a request for a waiver must be acted upon:

(a) In a county whose population is 700,000 or more, or in any city within such county, within 45 days; or

(b) In a county whose population is less than 700,000, or in any city within such county, within 60 days,

Ê after the date of the request for the waiver or, in the absence of action, the waiver shall be deemed approved.

A governing body may consider or may, by ordinance, authorize the consideration of the criteria set forth in subsection 3 of NRS 278.349 in determining whether to approve, conditionally approve or disapprove a second or subsequent parcel map for land that has been divided by a parcel map which was recorded within the 5 years immediately preceding the acceptance of the second or subsequent parcel map as a complete application.
An applicant or other person aggrieved by a decision of the governing bodys authorized representative or by a final act of the planning commission may appeal the decision in accordance with the ordinance adopted pursuant to NRS 278.3195 .
If a parcel map and the associated division of land are approved or deemed approved pursuant to this section, the approval must be noted on the map in the form of a certificate attached thereto and executed by the clerk of the governing body, the governing bodys designated representative or the chair of the planning commission. A certificate attached to a parcel map pursuant to this subsection must indicate, if applicable, that the governing body or planning commission determined that a public street, easement or utility easement which will not remain in effect after a merger and resubdivision of parcels conducted pursuant to NRS 278.4925 has been vacated or abandoned in accordance with NRS 278.480 .

(Added to NRS by 1977, 1510 ; A 1989, 792 ; 1993, 2571 ; 1997, 2427 ; 1999, 788 , 893 ;

2001, 64 , 1969 ,

2811 ;

2007, 850 ; 2009, 1116 ; 2011, 1197 ; 2021, 1358 ; 2023, 1167 )

NRS 278.466

NRS

278.466

Form and contents of parcel map; reference to parcel number and recording.

The parcel map must be legibly drawn in permanent black ink on tracing cloth or produced by the use of other materials of a permanent nature generally used for that purpose in the engineering profession. Affidavits, certificates and acknowledgments must be legibly stamped or printed upon the map with permanent black ink. The size of each sheet must be 24 by 32 inches. A marginal line must be drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom and right edges, and of 2 inches at the left edge along the 24-inch dimension.
A parcel map must indicate the owner of any adjoining land, or any right-of-way if owned by the person dividing the land.
A parcel map must show:

(a) The area of each parcel or lot and the total area of the land to be divided in the following manner:

(1) In acres, calculated to the nearest one-hundredth of an acre, if the area is 2 acres or more; or

(2) In square feet if the area is less than 2 acres.

(b) All monuments found, set, reset, replaced or removed, describing their kind, size and location and giving other data relating thereto.

(d) The name and legal designation of the tract or grant in which the survey is located and any ties to adjoining tracts.

(e) Any easements granted or dedications made.

(f) Any other data necessary for the intelligent interpretation of the various items and locations of the points, lines and area shown.

A parcel map must include:

(a) The memorandum of oaths described in NRS 625.320 .

(b) The certificate of the surveyor required pursuant to NRS 278.375 .

(c) The certificate of the Division of Water Resources of the State Department of Conservation and Natural Resources issued pursuant to NRS 278.461 , if any.

(d) The signature of each owner of the land to be divided.

A governing body may by local ordinance require a parcel map to include:

(a) A report from a title company which lists the names of:

(1) Each owner of record of the land to be divided; and

(2) Each holder of record of a security interest in the land to be divided,

Ê if the security interest was created by a mortgage or a deed of trust.

(b) The written consent of each holder of record of a security interest listed pursuant to subparagraph (2) of paragraph (a) to the preparation and recordation of the parcel map. A holder of record of a security interest may consent by signing:

(1) The parcel map; or

(2) A separate document that is recorded with the parcel map and declares his or her consent to the division of land, if the map contains a notation that a separate document has been recorded to this effect.

If the requirement for a parcel map is waived, the governing body may specify by local ordinance the type and extent of information or mapping necessary for the division of land.
Reference to the parcel number and recording data of a recorded parcel map is a complete legal description of the land contained in the parcel.

[Part 27.2:110:1941; added 1947, 834 ; 1943 NCL § 5063.26b]—(NRS A 1960, 138 ; 1973, 1338 ; 1975, 1566 ; 1977, 1510 ; 1985, 897 ; 1989, 793 ; 1993, 2572 ; 1995, 198 ; 2007, 852 )

NRS 278.467

NRS

278.467

Preparation, recordation and contents of document which may be required if parcel map waived; statement indicating that property taxes have been paid; county recorder to provide copy of document or access to digital document to county assessor.

If the requirement for a parcel map is waived, the authority which granted the waiver may require the preparation and recordation of a document which contains:

(a) A legal description of all parts based on a system of rectangular surveys;

(b) A provision for the dedication or reservation of any road right-of-way or easement; and

If a description by metes and bounds is necessary in describing the parcel division, it must be prepared by a professional land surveyor and bear his or her signature and stamp.
The person preparing the document may include the following statement:

This document was prepared from existing information (identifying it and stating where filed and recorded), and the undersigned assumes no responsibility for the existence of monuments or correctness of other information shown on or copied from any such prior documents.

A document recorded pursuant to this section must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.
A county recorder who records a document pursuant to this section shall, within 7 working days after he or she records the document, provide to the county assessor at no charge:

(a) A duplicate copy of the document; or

(b) Access to the digital document. The document must be in a form that is acceptable to the county recorder and the county assessor.

(Added to NRS by 1977, 1511 ; A 1989, 501 , 794 ;

1991, 1384 ; 1993, 2573 ; 2001, 1560 ; 2003, 2786 )

NRS 278.469

NRS

278.469

Map to indicate record of survey not in conflict with planning and zoning requirements.

If a record of survey contains two or more lots or parcels, the surveyor or a person for whom the record of survey is made shall place upon the map thereof a statement of the facts which will clearly show that such record of survey is not in conflict with the requirements of NRS 278.010 to 278.630 , inclusive, and the regulations of transactions pertaining thereto shall be complied with.

[Part 27.2:110:1941; added 1947, 834 ; 1943 NCL § 5063.26b]—(NRS A 1973, 1339 ; 1977, 1511 )—(Substituted in revision for NRS 278.540)

Division of Land Into Large Parcels

NRS 278.471

NRS

278.471

Divisions of land subject to

NRS 278.471

278.4725

, inclusive; exemption.

Except as provided in subsections 2 and 3, a proposed division of land is subject to the provisions of NRS 278.471 to 278.4725 , inclusive, if each proposed lot is at least:

(a) One-sixteenth of a section as described by a government land office survey; or

(b) Forty acres in area, including roads and easements.

The governing body of a city, the board of county commissioners with respect to the unincorporated area, may by ordinance elect to make NRS 278.471 to 278.4725 , inclusive, apply to each proposed division of land where each proposed lot is at least:

(a) One-sixty-fourth of a section as described by a government land office survey; or

(b) Ten acres in area, including roads and easements.

A proposed division of land into lots or parcels, each of which contains not less than one section or 640 acres, is not subject to NRS 278.471 to 278.4725 , inclusive.

(Added to NRS by 1979, 1504 )

NRS 278.4713

NRS

278.4713

Preparation, contents and filing of tentative map; affidavit required.

Unless the filing of a tentative map is waived, a person who proposes to make a division of land pursuant to NRS 278.471 to 278.4725 , inclusive, must first:

(a) File a tentative map for the area in which the land is located with the planning commission or its designated representative or with the clerk of the governing body if there is no planning commission;

(b) Submit an affidavit stating that the person will make provision for the payment of the tax imposed by chapter 375 of NRS and for compliance with the disclosure and recording requirements of paragraph (f) of subsection 1 of NRS 598.0923 , if applicable, by the person who proposes to make a division of land or any successor in interest; and

This map must be:

(a) Entitled Tentative Map of Division into Large Parcels; and

(b) Prepared and certified by a professional land surveyor.

This map must show:

(a) The approximate, calculated or actual acreage of each lot and the total acreage of the land to be divided.

(b) Any roads or easements of access which exist, are proposed in the applicable master plan or are proposed by the person who intends to divide the land.

(c) Except as otherwise provided in NRS 278.329 , an easement for public utilities that provide gas, electric and telecommunications services and for any video service providers that are authorized pursuant to chapter 711 of NRS to operate a video service network in that area.

(d) Except as otherwise provided in NRS 278.329 , an easement for public utilities that provide water and sewer services.

(e) Any existing easements for irrigation or drainage, and any normally continuously flowing watercourses.

(f) An indication of any existing road or easement which the owner does not intend to dedicate.

(g) The name and address of the owner of the land.

The planning commission and the governing body or its authorized representative shall not approve the tentative map unless the person proposing to divide the land has submitted an affidavit stating that the person will make provision for the payment of the tax imposed by chapter 375 of NRS and for compliance with the disclosure and recording requirements of paragraph (f) of subsection 1 of NRS 598.0923 , if applicable, by the person proposing to divide the land or any successor in interest.

(Added to NRS by 1979, 1504 ; A 1989, 794 ; 1993, 2574 ; 1997, 2429 ; 1999, 895 ; 2003, 2347 ; 2007, 1381 ; 2009, 1117 ; 2021, 1359 )

NRS 278.472

NRS

278.472

Final map: Filing; form and contents.

After the planning commission or the governing body or its authorized representative has approved the tentative map or waived the requirement of its filing, or 60 days after the date of its filing, whichever is earlier, the person who proposes to divide the land may file a final map of the division with the governing body or its authorized representative or, if authorized by the governing body, with the planning commission. The map must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.
This map must be:

(a) Entitled Map of Division into Large Parcels.

(b) Filed with the governing body or its authorized representative or, if authorized by the governing body, with the planning commission not later than 1 year after the date that the tentative map was first filed with the planning commission or the governing body or its authorized representative or that the requirement of its filing was waived.

(d) Based upon an actual survey by the preparer and show the date of the survey and contain the certificate of the surveyor required pursuant to NRS 278.375 .

(e) Clearly and legibly drawn in permanent black ink upon good tracing cloth or produced by the use of other materials of a permanent nature generally used for this purpose in the engineering profession. Affidavits, certificates and acknowledgments must be legibly stamped or printed upon the map with permanent black ink.

(f) Twenty-four by 32 inches in size with a marginal line drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom, and right edges, and of 2 inches at the left edge along the 24-inch dimension.

(g) Of scale large enough to show clearly all details.

The particular number of the sheet and the total number of sheets comprising the map must be stated on each of the sheets, and its relation to each adjoining sheet must be clearly shown.
This map must show and define:

(a) All subdivision lots by the number and actual acreage of each lot.

(b) Any roads or easements of access which exist and which the owner intends to offer for dedication, any roads or easements of access which are shown on the applicable master plan and any roads or easements of access which are specially required by the planning commission or the governing body or its authorized representative.

(d) Except as otherwise provided in NRS 278.329 , an easement for public utilities that provide water and sewer services.

(e) Any existing easements for irrigation or drainage, and any normally continuously flowing watercourses.

(Added to NRS by 1979, 1505 ; A 1989, 502 , 795 ;

1991, 280 , 1384 ;

1993, 2575 ; 1997, 2430 ; 2003, 2348 ; 2007, 1382 )

NRS 278.4725

NRS

278.4725

Final map: Action by planning commission or governing body; appeal; procedures in event of disapproval; conditions for approval; filing; contents; fee for recording; county recorder to provide copy of final map or access to digital final map to county assessor.

Except as otherwise provided in this section, if the governing body has authorized the planning commission to take final action on a final map, the planning commission shall approve, conditionally approve or disapprove the final map, basing its action upon the requirements of NRS 278.472 :

(a) In a county whose population is 700,000 or more, or in any city within such county, within 45 days; or

(b) In a county whose population is less than 700,000, or in any city within such county, within 60 days,

Ê after accepting the final map as a complete application. The planning commission shall file its written decision with the governing body. Except as otherwise provided in subsection 5, or unless the time is extended by mutual agreement, if the planning commission is authorized to take final action and it fails to take action within the period specified in this subsection, the final map shall be deemed approved unconditionally.

If there is no planning commission or if the governing body has not authorized the planning commission to take final action, the governing body or its authorized representative shall approve, conditionally approve or disapprove the final map, basing its action upon the requirements of NRS 278.472 :

(a) In a county whose population is 700,000 or more, or in any city within such county, within 45 days; or

(b) In a county whose population is less than 700,000, or in any city within such county, within 60 days,

Ê after the final map is accepted as a complete application. Except as otherwise provided in subsection 5 or unless the time is extended by mutual agreement, if the governing body or its authorized representative fails to take action within the period specified in this subsection, the final map shall be deemed approved unconditionally.

An applicant or other person aggrieved by a decision of the authorized representative of the governing body or by a final act of the planning commission may appeal the decision in accordance with the ordinance adopted pursuant to NRS 278.3195 .
If the map is disapproved, the governing body or its authorized representative or the planning commission shall return the map to the person who proposes to divide the land, with the reason for its action and a statement of the changes necessary to render the map acceptable.
If the final map divides the land into 16 lots or more, the governing body or its authorized representative or the planning commission shall not approve a map, and a map shall not be deemed approved, unless:

(a) Each lot contains an access road that is suitable for use by emergency vehicles; and

(b) The corners of each lot are set by a professional land surveyor.

If the final map divides the land into 15 lots or less, the governing body or its authorized representative or the planning commission may, if reasonably necessary, require the map to comply with the provisions of subsection 5.
Upon approval, the map must be filed with the county recorder. Filing with the county recorder operates as a continuing:

(a) Offer to dedicate for public roads the areas shown as proposed roads or easements of access, which the governing body may accept in whole or in part at any time or from time to time.

(b) Offer to grant the easements shown for public utilities, which any public utility may similarly accept without excluding any other public utility whose presence is physically compatible.

The map filed with the county recorder must include:

(a) A certificate signed and acknowledged by each owner of land to be divided consenting to the preparation of the map, the dedication of the roads and the granting of the easements.

(b) A certificate signed by the clerk of the governing body or authorized representative of the governing body or the secretary to the planning commission that the map was approved, or the affidavit of the person presenting the map for filing that the time limited by subsection 1 or 2 for action by the governing body or its authorized representative or the planning commission has expired and that the requirements of subsection 5 have been met. A certificate signed pursuant to this paragraph must also indicate, if applicable, that the governing body or planning commission determined that a public street, easement or utility easement which will not remain in effect after a merger and resubdivision of parcels conducted pursuant to NRS 278.4925 , has been vacated or abandoned in accordance with NRS 278.480 .

(c) A written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.

A governing body may by local ordinance require a final map to include:

(a) A report from a title company which lists the names of:

(1) Each owner of record of the land to be divided; and

(2) Each holder of record of a security interest in the land to be divided, if the security interest was created by a mortgage or a deed of trust.

(b) The signature of each owner of record of the land to be divided.

(c) The written consent of each holder of record of a security interest listed pursuant to subparagraph (2) of paragraph (a), to the preparation and recordation of the final map. A holder of record may consent by signing:

(1) The final map; or

(2) A separate document that is filed with the final map and declares his or her consent to the division of land.

After a map has been filed with the county recorder, any lot shown thereon may be conveyed by reference to the map, without further description.
The county recorder shall charge and collect for recording the map a fee set by the board of county commissioners of not more than $50 for the first sheet of the map plus $10 for each additional sheet.
A county recorder who records a final map pursuant to this section shall, within 7 working days after he or she records the final map, provide to the county assessor at no charge:

(a) A duplicate copy of the final map and any supporting documents; or

(b) Access to the digital final map and any digital supporting documents. The map and supporting documents must be in a form that is acceptable to the county recorder and the county assessor.

(Added to NRS by 1979, 1506 ; A 1979, 1506 ; 1989, 503 ; 1991, 281 , 1385 ;

1993, 1358 , 2576 ;

1995, 199 , 710 ;

1997, 2430 ; 1999, 790 ; 2001, 1561 , 1970 ,

2813 ,

3218 ;

2003, 227 , 2787 ;

2011, 1199 ; 2023, 1169 )

Amendment of Plats, Surveys and Maps

NRS 278.473

NRS

278.473

Certificate of amendment to correct or amend recorded plat, survey or map if correction or amendment does not change location of survey monument, property line or boundary line: Request; preparation, contents and recordation.

To correct an error or omission in or to amend any recorded subdivision plat, record of survey, parcel map, map of division into large parcels or reversionary map, if the correction or amendment does not change or purport to change the physical location of any survey monument, property line or boundary line, a certificate of amendment must be requested and recorded pursuant to this section.
A certificate of amendment may be requested by:

(a) The county surveyor to make a correction or amendment which affects land located within the boundaries of an unincorporated area or Carson City;

(b) The city surveyor or a professional land surveyor appointed by the governing body of the city to make a correction or amendment which affects land located within an incorporated city;

(d) A professional land surveyor registered pursuant to chapter 625 of NRS.

If a certificate of amendment is requested to correct or amend a record of survey, the surveyor who:

(a) Requests the certificate of amendment; or

(b) Is responsible for an error or omission which is to be corrected,

Ê shall prepare and record the certificate of amendment within 90 days after the surveyor receives notification of the request made pursuant to subsection 2. If the surveyor is no longer professionally active, the county surveyor, city surveyor or a professional land surveyor appointed by the governing body shall prepare and file the certificate.

The certificate of amendment must:

(a) Be in the form of a letter addressed to the county surveyor, the city surveyor, a professional land surveyor appointed by the governing body of the city or, if authorized by local ordinance, the planning commission;

(b) Specify the title, legal description and recording date of the document being corrected or amended;

(d) Be dated, signed and sealed by the surveyor preparing the certificate; and

(e) Contain the following statement, dated and signed by the county surveyor, city surveyor or a professional land surveyor appointed by the governing body:

I hereby certify that I have examined the certificate of amendment and that the changes to the original document specified therein are provided for in applicable sections of NRS 278.010 to 278.630 , inclusive, 625.340 to 625.380 , inclusive, and local ordinances adopted pursuant thereto, and I am satisfied that this certificate of amendment so amends or corrects the document as to make it technically correct.

Upon the recording of a certificate of amendment, the county recorder shall cause a proper notation to be entered upon all recorded sheets of the original document being amended, if the county recorder does not maintain a cumulative index for such maps and amendments. If such an index is maintained, the county recorder shall direct an appropriate entry for the amendment.

(Added to NRS by 1977, 1505 ; A 1979, 1500 ; 1987, 380 ; 1989, 795 ; 1991, 1151 ; 1993, 2577 ; 1997, 2432 )

NRS 278.475

NRS

278.475

Amended plat, survey or map to correct or amend recorded plat, survey or map if correction or amendment changes location of survey monument, property line or boundary line: Request; preparation and recordation.

To correct an error or omission in or to amend any recorded subdivision plat, record of survey, parcel map, map of division into large parcels or reversionary map, if the correction or amendment changes or purports to change the physical location of any survey monument, property line or boundary line, an amended plat, survey or map must be requested and recorded pursuant to this section.
An amended plat, survey or map may be requested by:

(a) The county surveyor to make a correction or amendment which affects land located within the boundaries of an unincorporated area or Carson City;

(b) The city surveyor or a professional land surveyor appointed by the governing body of the city to make a correction or amendment which affects land located within an incorporated city;

(d) A professional land surveyor registered pursuant to chapter 625 of NRS.

Except as otherwise provided in this subsection, a surveyor who:

(a) Performed the survey; or

(b) Is responsible for an error or omission which is to be corrected,

Ê shall prepare and record the amended plat, survey or map within 90 days after the surveyor receives notification of the request made pursuant to subsection 2. The time within which the surveyor must prepare and record the amended plat, survey or map may be extended by the county surveyor, the city surveyor or a professional land surveyor appointed by the governing body of the city or the planning commission. If the surveyor who performed the survey or is responsible for the error or omission is no longer professionally active, the county surveyor, city surveyor or a professional land surveyor appointed by the governing body shall prepare and file the amended plat, survey or map.

(Added to NRS by 1977, 1505 ; A 1979, 1501 ; 1991, 1152 ; 1993, 2578 ; 1997, 2434 )

NRS 278.477

NRS

278.477

Amendment of recorded plat, map or survey which changes location of survey monument, property line or boundary line: Procedures and requirements.

In addition to the requirements of subsection 2, an amendment of a recorded subdivision plat, parcel map, map of division into large parcels or record of survey which changes or purports to change the physical location of any survey monument, property line or boundary line is subject to the following requirements:

(a) If the proposed amendment is to a parcel map, map of division into large parcels or record of survey, the same procedures and requirements as in the original filing.

(b) If the proposed amendment is to a subdivision plat, only those procedures for the approval and filing of a final map.

Any amended subdivision plat, parcel map, map of division into large parcels or record of survey required pursuant to subsection 1 must:

(a) Be identical in size and scale to the document being amended, drawn in the manner and on the material provided by law;

(b) Have the words Amended Plat of prominently displayed on each sheet above the title of the document amended;

(d) Have a blank margin for the county recorders index information;

(e) Have a 3-inch square adjacent to and on the left side of the existing square for the county recorders information and stamp; and

(f) Contain a certificate of the professional land surveyor licensed pursuant to chapter 625

of NRS who prepared the amendment stating that it complies with all pertinent sections of NRS 278.010 to 278.630 , inclusive, and 625.340 to 625.380 , inclusive, and with any applicable local ordinance.

Any amended subdivision plat, parcel map, map of division into large parcels or record of survey that is recorded in support of an adjusted boundary must:

(a) Contain or be accompanied by the report of a title company and the certificate required by NRS 278.374 or an order of the district court of the county in which the land is located that the amendment may be approved without all the necessary signatures if the order is based upon a finding that:

(1) A bona fide effort was made to notify the necessary persons;

(2) All persons who responded to the notice have consented to the amendment; and

(3) The amendment does not adversely affect the persons who did not respond; and

(b) Contain a certificate executed by the appropriate county surveyor, county engineer, city surveyor or city engineer, if he or she is registered as a professional land surveyor or civil engineer pursuant to chapter 625 of NRS, stating that he or she has examined the document and that it is technically correct.

Upon recording the amended document, the county recorder shall cause a proper notation to be entered upon all recorded sheets of the document being amended, if the county recorder does not maintain a cumulative index for such maps and amendments. If such an index is maintained, the county recorder shall direct an appropriate entry for the amendment.
A county recorder who records a plat, map or record of survey pursuant to this section shall, within 7 working days after he or she records the plat, map or record of survey, provide to the county assessor at no charge:

(a) A duplicate copy of the plat, map or record of survey and any supporting documents; or

(b) Access to the digital plat, map or record of survey and any digital supporting documents. The plat, map or record of survey and the supporting documents must be in a form that is acceptable to the county recorder and the county assessor.

(Added to NRS by 1977, 1505 ; A 1979, 1501 ; 1987, 380 ; 1989, 796 ; 1991, 1890 ; 1993, 2579 ; 1997, 1065 , 2434 ;

2001, 1563 ; 2003, 2789 )

Maintenance of Certain Improvements

NRS 278.480

NRS

278.480

Vacation or abandonment of street or easement: Procedures, prerequisites and effect; appeal; reservation of certain easements; sale of vacated portion.

Except as otherwise provided in subsections 11 and 12, any abutting owner or local government desiring the vacation or abandonment of any street or easement owned by a city or a county, or any portion thereof, shall file a petition in writing with the planning commission or the governing body having jurisdiction.
The governing body may establish by ordinance a procedure by which, after compliance with the requirements for notification of public hearing set forth in this section, a vacation or abandonment of a street or an easement may be approved in conjunction with the approval of a tentative map pursuant to NRS 278.349 .
A government patent easement which is no longer required for a public purpose may be vacated by:

(a) The governing body; or

(b) The planning commission, hearing examiner or other designee, if authorized to take final action by the governing body,

Ê without conducting a hearing on the vacation if the applicant for the vacation obtains the written consent of each owner of property abutting the proposed vacation and any utility that is affected by the proposed vacation.

Except as otherwise provided in subsections 3 and 11, if any right-of-way or easement required for a public purpose that is owned by a city or a county is proposed to be vacated, the governing body, or the planning commission, hearing examiner or other designee, if authorized to take final action by the governing body, shall, not less than 10 business days before the public hearing described in subsection 5:

(a) Notify each owner of property abutting the proposed abandonment. Such notice must be provided by mail pursuant to a method that provides confirmation of delivery and does not require the signature of the recipient.

(b) Cause a notice to be published at least once in a newspaper of general circulation in the city or county, setting forth the extent of the proposed abandonment and setting a date for public hearing.

Except as otherwise provided in subsections 6 and 11, if, upon public hearing, the governing body, or the planning commission, hearing examiner or other designee, if authorized to take final action by the governing body, is satisfied that the public will not be materially injured by the proposed vacation, it shall order the street or easement vacated. The governing body, or the planning commission, hearing examiner or other designee, if authorized to take final action by the governing body, may make the order conditional, and the order becomes effective only upon the fulfillment of the conditions prescribed. An applicant or other person aggrieved by the decision of the planning commission, hearing examiner or other designee may appeal the decision in accordance with the ordinance adopted pursuant to NRS 278.3195 .
In addition to any other applicable requirements set forth in this section, before vacating or abandoning a street, the governing body of the local government having jurisdiction over the street, or the planning commission, hearing examiner or other designee, if authorized to take final action by the governing body, shall provide each public utility and video service provider serving the affected area with written notice that a petition has been filed requesting the vacation or abandonment of the street. After receiving the written notice, the public utility or video service provider, as applicable, shall respond in writing, indicating either that the public utility or video service provider, as applicable, does not require an easement or that the public utility or video service provider, as applicable, wishes to request the reservation of an easement. If a public utility or video service provider indicates in writing that it wishes to request the reservation of an easement, the governing body of the local government having jurisdiction over the street that is proposed to be vacated or abandoned, or the planning commission, hearing examiner or other designee, if authorized to take final action by the governing body, shall reserve and convey an easement in favor of the public utility or video service provider, as applicable, and shall ensure that such easement is recorded in the office of the county recorder before or as a part of the order vacating or abandoning the street.
The order must be recorded in the office of the county recorder, if all the conditions of the order have been fulfilled, and upon the recordation, title to the street or easement reverts to the abutting property owners in the approximate proportion that the property was dedicated by the abutting property owners or their predecessors in interest. In the event of a partial vacation of a street where the vacated portion is separated from the property from which it was acquired by the unvacated portion of it, the governing body may sell the vacated portion upon such terms and conditions as it deems desirable and in the best interests of the city or county. If the governing body sells the vacated portion, it shall afford the right of first refusal to each abutting property owner as to that part of the vacated portion which abuts his or her property, but no action may be taken by the governing body to force the owner to purchase that portion and that portion may not be sold to any person other than the owner if the sale would result in a complete loss of access to a street from the abutting property.
If the street was acquired by dedication from the abutting property owners or their predecessors in interest, no payment is required for title to the proportionate part of the street reverted to each abutting property owner. If the street was not acquired by dedication, the governing body may make its order conditional upon payment by the abutting property owners for their proportionate part of the street of such consideration as the governing body determines to be reasonable. If the governing body determines that the vacation has a public benefit, it may apply the benefit as an offset against a determination of reasonable consideration which did not take into account the public benefit.
If an easement for light and air owned by a city or a county is adjacent to a street vacated pursuant to the provisions of this section, the easement is vacated upon the vacation of the street.
In any vacation or abandonment of any street owned by a city or a county, or any portion thereof, the governing body, or the planning commission, hearing examiner or other designee, if authorized to take final action by the governing body, may reserve and except therefrom all easements, rights or interests therein which the governing body, or the planning commission, hearing examiner or other designee, if authorized to take final action by the governing body, deems desirable for the use of the city or county.
The governing body may establish by local ordinance a simplified procedure for the vacation or abandonment of an easement owned or controlled by the governing body without conducting a hearing on the vacation or abandonment. Unless the vacation or abandonment of an easement is for a public utility owned or controlled by the governing body, the simplified procedure must:

(a) Require that a petition be filed with the governing body that requests the vacation or abandonment of the easement and contains the notarized signature of each owner of property abutting or underlying the easement;

(b) Prohibit the vacation or abandonment of the easement unless the staff of the city or county determines that:

(1) The easement has been superseded by relocation or is no longer needed by the city or county; and

(2) The vacation or abandonment will not substantially, unduly or unreasonably impair the access of any owner of property;

(c) Authorize any applicant or other person aggrieved by a decision on whether to approve the vacation or abandonment of the easement to appeal the decision to the governing body; and

(d) Provide that if the vacation or abandonment of the easement is approved, the vacation or abandonment is not effective until the order of approval is recorded in the office of the county recorder.

Ê A simplified procedure established pursuant to this subsection must not apply to the vacation or abandonment of any street, drainage easement, sidewalk or other pedestrian right of way.

The governing body may establish by local ordinance a simplified procedure for the vacation or abandonment of a street for the purpose of conforming the legal description of real property to a recorded map or survey of the area in which the real property is located. Any such simplified procedure must include, without limitation, the requirements set forth in subsection 6.
As used in this section:

(a) Government patent easement means an easement for a public purpose owned by the governing body over land which was conveyed by a patent.

(b) Public utility has the meaning ascribed to it in NRS 360.815 .

[30:110:1941; 1931 NCL § 5063.29]—(NRS A 1967, 268 , 696 ;

1969, 588 ; 1973, 1830 ; 1975, 164 ; 1977, 1506 ; 1979, 600 ; 1981, 165 , 580 ;

1987, 663 ; 1993, 2580 ; 1997, 2436 ; 2001, 1451 , 2815 ,

2822 ;

2007, 992 ; 2013, 700 ; 2021, 467 )

NRS 278.490

NRS

278.490

Reversion of maps and reversion of division of land to acreage: Procedure and requirements; exemption from certain requirements.

Except as otherwise provided in NRS 278.4925 , an owner or governing body desiring to revert any recorded subdivision map, parcel map, map of division into large parcels, or part thereof to acreage or to revert the map or portion thereof, or to revert more than one map if the parcels to be reverted are contiguous, shall submit a written application accompanied by a map of the proposed reversion which contains the same survey dimensions as the recorded map or maps to the governing body or, if authorized by local ordinance, to the planning commission or other authorized person. The application must describe the requested changes.
At its next meeting, or within a period of not more than 30 days after the filing of the map of reversion, whichever occurs later, the governing body or, if authorized by local ordinance, the planning commission or other authorized person shall review the map and approve, conditionally approve or disapprove it.
Except for the provisions of this section, NRS 278.4955 , 278.496 and 278.4965 and any provision or local ordinance relating to the payment of fees in conjunction with filing, recordation or checking of a map of the kind offered, no other provision of NRS 278.010 to 278.630 , inclusive, applies to a map made solely for the purpose of reversion of a former map or for reversion of any division of land to acreage.
Upon approval of the map of reversion, it must be recorded in the office of the county recorder. The county recorder shall make a written notation of the fact on each sheet of the previously recorded map affected by the later recording, if the county recorder does not maintain a cumulative index for such maps and amendments. If such an index is maintained, the county recorder shall direct an appropriate entry for the amendment.
A county recorder who records a map pursuant to this section shall, within 7 working days after he or she records the map, provide to the county assessor at no charge:

(a) A duplicate copy of the map and any supporting documents; or

(b) Access to the digital map and any digital supporting documents. The map and supporting documents must be in a form that is acceptable to the county recorder and the county assessor.

[31:110:1941; 1931 NCL § 5063.30]—(NRS A 1973, 1774 ; 1977, 1507 ; 1979, 1502 ; 1981, 1160 ; 1985, 1689 ; 1987, 381 ; 1991, 1152 , 1891 ;

1993, 580 , 2581 ;

1997, 2437 ; 1999, 792 ; 2001, 1564 ; 2003, 2790 )

NRS 278.4955

NRS

278.4955

Requirements for submitting map of reversion.

The map of reversion submitted pursuant to NRS 278.490 must contain the appropriate certificates required by NRS 278.376 ,

278.3765 and 278.377 , if applicable, for the original division of the land, any agreement entered into for a required improvement pursuant to NRS 278.380 for the original division of the land, and the certificates required by NRS 278.496 and 278.4965 . If the map includes the reversion of any street or easement owned by a city, a county or the State, the provisions of NRS 278.480 must be followed before approval of the map.

The final map of reversion must:

(a) Be prepared by a professional land surveyor licensed pursuant to chapter 625 of NRS. The professional land surveyor shall state in his or her certificate that the map has been prepared from information on a recorded map or maps that are being reverted. The professional land surveyor may state in the certificate that he or she assumes no responsibility for the existence of the monuments or for correctness of other information shown on or copied from the document. The professional land surveyor shall include in the certificate information which is sufficient to identify clearly the recorded map or maps being reverted.

(b) Be clearly and legibly drawn in black permanent ink upon good tracing cloth or produced by the use of other materials of a permanent nature generally used for such a purpose in the engineering profession. Affidavits, certificates and acknowledgments must be legibly stamped or printed upon the map with black permanent ink.

The size of each sheet of the final map must be 24 by 32 inches. A marginal line must be drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom and right edges, and of 2 inches at the left edge along the 24-inch dimension.
The scale of the final map must be large enough to show all details clearly, and enough sheets must be used to accomplish this end.
The particular number of the sheet and the total number of sheets comprising the final map must be stated on each of the sheets, and its relation to each adjoining sheet must be clearly shown.
Each future conveyance of the reverted property must contain a metes and bounds legal description of the property and must include the name and mailing address of the person who prepared the legal description.

(Added to NRS by 1993, 2558 ; A 1997, 1066 , 2438 ;

2003, 2791 ; 2023, 1271 )

NRS 278.5693

NRS

278.5693

Requirements for adjustment of boundary line or transfer of land involving adjacent property.

For a boundary line to be adjusted or for land to be transferred pursuant to paragraph (c) of subsection 5 of NRS 278.461 , a professional land surveyor must have performed a field survey, set monuments and filed a record of survey pursuant to NRS 625.340 .
A record of survey filed pursuant to subsection 1 must contain:

(a) A certificate by the professional land surveyor who prepared the map stating that:

(1) He or she has performed a field survey sufficient to locate and identify properly the proposed boundary line adjustment;

(2) All corners and angle points of the adjusted boundary line have been defined by monuments or will be otherwise defined on a document of record as required by NRS 625.340 ; and

(3) The map is not in conflict with the provisions of NRS 278.010 to 278.630 , inclusive.

(b) A certificate that is executed and acknowledged by each affected owner of the abutting parcels which states that:

(1) The owner has examined the plat and

approves and authorizes the recordation thereof;

(2) The owner agrees to execute the required documents creating any easement which is shown;

(3) The owner agrees to execute the required documents abandoning any existing easement pursuant to the provisions of NRS 278.010 to 278.630 , inclusive;

(4) All property taxes on the land for the fiscal year have been paid; and

(5) Any lender with an impound account for the payment of taxes has been notified of the adjustment of the boundary line or the transfer of the land.

(Added to NRS by 1991, 1381 ; A 1993, 1197 , 2582 ;

2007, 853 )

NRS 278.5695

NRS

278.5695

County recorder required to indicate on copy of plot, plat, map or survey that subsequent changes should be examined.

If a county recorder maintains a cumulative index, the county recorder shall indicate on any copy of a plot, plat, map or survey which the county recorder provides that subsequent changes to that document should be examined and may be determined by reference to the cumulative index.

(Added to NRS by 1987, 379 )

NRS 278.5697

NRS

278.5697

Validity of electronic documents.

Except as otherwise provided in NRS 247.115 , if the provisions of NRS 278.320 to 278.5695 , inclusive, require that:

(a) A document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document if the file containing the document is locked electronically to prevent any changes to the document.

(b) A document be filed, submitted or presented, the requirement is satisfied if the document is filed, submitted or presented electronically and the file containing the document is locked electronically to prevent any changes to the document.

(1) The document is sealed or stamped electronically using an electronically prepared seal or stamp; and

(2) Secure encryption methods are in place to prevent the copying, transferring or removing of the seal or stamp, which must comply, without limitation, with any requirements for digital signatures set forth in chapter 720 of NRS and any regulations adopted pursuant thereto and any standards of the county recorder for such electronic documents.

(d) A document be signed, the requirement is satisfied by the use of a digital signature if the digital signature complies with:

(1) Any requirements regarding the use of digital signatures prescribed in chapter 720

of NRS and any regulations adopted pursuant thereto; and

(2) Any standards for the use of digital signatures adopted by the county recorder to whom the document is being submitted.

(e) A copy of a document to be forwarded, furnished or provided, the requirement is satisfied if the copy is forwarded, furnished or provided electronically.

Nothing in this section shall be construed to limit the authority of:

(a) The Secretary of State to adopt regulations regarding digital signatures pursuant to NRS 720.150 .

(b) A governmental agency to prescribe requirements relating to the use of electronic records or electronic signatures pursuant to NRS 719.350 .

(c) The State Board of Professional Engineers and Land Surveyors to prescribe requirements relating to the signing and stamping of documents produced by a professional engineer or land surveyor pursuant to NRS 625.565 .

(d) Any other governmental entity authorized by law to establish requirements or procedures relating to electronic documents or records.

(Added to NRS by 2021, 1297 )

INSPECTION OF STRUCTURES AND ENFORCEMENT OF ZONING REGULATIONS

NRS 278.587

NRS

278.587

Duty of city or county building official to notify State Board of Professional Engineers and Land Surveyors concerning submission of incomplete or rejected plans.

A city or county building official shall notify the State Board of Professional Engineers and Land Surveyors in writing if a licensed professional engineer or land surveyor:

Submits plans that are substantially incomplete; or
Submits plans for the same project that are rejected by the department at least three times.

(Added to NRS by 1997, 155 ; A 2001, 1248 )

NRS 284.175

NRS

284.175

Plan for payment of classified employees: Preparation; approval; contents; regulations; recommendations to Legislature.

After consultation with appointing authorities and state fiscal officers, the Administrator shall prepare a pay plan for all employees in the classified service.
The pay plan and its amendments become effective only after approval by the Governor.
The pay plan must include, without limitation, ranges for each class, grade or group of positions in the classified service. Each employee in the classified service must be paid at one of the rates set forth in the pay plan for the class of position in which the employee is employed and at such time as necessary money is made available for the payment.
The Commission shall adopt regulations to carry out the pay plan.
The Administrator may make recommendations to the Legislature during regular legislative sessions concerning salaries for the classified service of the State. In making such recommendations, the Administrator shall consider factors such as:

(a) Surveys of salaries of comparable jobs in government and private industry within the State of Nevada and western states, where appropriate;

(b) Changes in the cost of living;

(d) Maintaining an equitable relationship among classifications.

[Part 23:351:1953]—(NRS A 1963, 1042 ; 1965, 239 , 1184 ;

1967, 1048 ; 1968, 55 ; 1969, 1394 ; 1971, 1416 ; 1973, 903 , 911 ,

1547 ;

1975, 1426 , 1847 ;

1977, 1041 ; 1981, 870 ; 1983, 626 ; 1989, 15 ; 2003, 1438 )

NRS 293.912

NRS

293.912

Authorization to provide confidential information to certain persons or entities; records.

The Secretary of State or a county or city clerk may provide confidential information for use:

(c) By a private investigator, private patrol officer or security consultant who is licensed pursuant to chapter 648 of NRS, for any use authorized pursuant to this section.

(d) In connection with an investigation conducted pursuant to NRS 253.0415 or 253.220 .

(e) In activities relating to research and the production of statistical reports, if the address or information will not be published or otherwise disclosed or used to contact any person.

(f) In the bulk distribution of surveys, marketing material or solicitations, if the Secretary of State or the county or city clerk has adopted policies and procedures to ensure that the information will be used or sold only for use in the bulk distribution of surveys, marketing material or solicitations.

(g) By a reporter or editorial employee who is employed by or affiliated with any newspaper, press association or commercially operated, federally licensed radio or television station.

(h) By a title agent or title insurer acting pursuant to chapter 692A of NRS.

Except for a reporter or editorial employee described in paragraph (g) of subsection 1, a person who obtains information pursuant to this section and sells or discloses that information shall keep and maintain for at least 5 years a record of:

(a) Each person to whom the information is sold or disclosed; and

(b) The purpose for which that person will use the information.

(Added to NRS by 2017, 1557 )

NRS 308.030

NRS

308.030

Filing of service plan.

Any prospective petitioner for the establishment of a special district shall file a service plan with the board of county commissioners of each county which has territory included within the boundaries of the proposed district. The service plan shall:

(a) Consist of a financial survey and a preliminary engineering or architectural survey showing how the proposed services are to be provided and financed.

(b) Include a map of the proposed district boundaries, an estimate of the population and assessed valuation of the proposed district.

(c) Describe the facilities to be constructed, the standards of such construction, the services to be provided by the district, an estimate of costs, including the cost of acquiring land, engineering services, legal services, proposed indebtedness, including proposed maximum interest rates and any discounts, any other proposed bonds and any other securities to be issued, their type or character, annual operation and maintenance expenses, and other major expenses related to the formation and operation of the district.

(d) Outline the details of any arrangement or proposed agreement with any city or town for the performance of any services between the proposed special district and such city or town. The form of any such contract to be used, if available, shall be attached to the service plan.

Ê If a board of county commissioners initiates the formation of a special district, it shall prepare such a service plan as an appendix to its initiating resolution.

Except where the formation of a district is initiated by a board of county commissioners, each service plan filed shall be accompanied by a processing fee set by the board of county commissioners not to exceed $200 which shall be deposited in the county general fund. Such processing fee shall be sufficient to cover the costs related to the hearing prescribed by NRS 308.070 , including the costs of notice, publication and recording of testimony.

(Added to NRS by 1967, 1681 ; A 1977, 518 )

NRS 321.040

NRS

321.040

Records of State Land Office: Duties of State Land Registrar.

The State Land Registrar shall keep a record of all lands and interests in land held by the Division pursuant to NRS 321.001 and of all lands and interests in land which have been sold by the Division. These records, together with all plats, papers and documents relating to the business of the State Land Office, must be open to public inspection during office hours at no charge.
The State Land Registrar shall procure from the Bureau of Land Management one copy of each township plat of the public surveys now approved or which may subsequently be approved by the proper United States authorities, unless those copies have been previously obtained.

[Part 2:85:1885; A 1887, 112 ; 1889, 123 ; C § 303; RL § 3197; NCL § 5513]—(NRS A 1975, 88 ; 1997, 963 )

NRS 321.067

NRS

321.067

Revolving Account for Land Management.

The Revolving Account for Land Management is hereby created as a special account in the State General Fund.
The State Land Registrar shall use the money in the Revolving Account to pay the expenses related to the management of land held by the Division and the acquisition of or interests in land, including, without limitation, expenses for:

(a) Appraisals and land surveys;

(b) Required environmental assessments of the land, including, without limitation, surveys of the biological, environmental and cultural conditions and resources of the land;

(d) The cleanup and maintenance of the land; and

(e) Any mitigation required of the land.

The State Land Registrar shall:

(a) Approve any disbursement from the Revolving Account; and

(b) Maintain records of any such disbursement.

The State Land Registrar shall deposit into the Revolving Account money received by the Division as a donation or as a reimbursement for or advance payment of an expense paid out of the Revolving Account.
The balance of the Revolving Account must be carried forward at the end of each fiscal year.
If the balance in the Revolving Account is below $20,000, the State Land Registrar may request an allocation from the Contingency Account in the State General Fund pursuant to NRS 353.266 , 353.268 and 353.269 .

(Added to NRS by 1999, 2540 ; A 2017, 648 , 3765 )

NRS 324.140

NRS

324.140

Deposits required of applicants to cover costs; reimbursements.

Immediately after an application has been approved by the Division, and before the filing of the request for the segregation of land with the Bureau of Land Management, the applicant shall deposit with the Division a sum which, according to the estimate of the Division, will cover the entire cost of the surveys, determinations, maps and plats required by the Secretary of the Interior before it approves a segregation and allotment of those lands to the State.
The deposit is a guarantee that the surveys, determinations, maps and plats are made properly and in good faith by the applicant, and will be completed and filed with the Division for its examination within 90 days after the Division receives the deposit. As work on the surveys, determinations, maps and plats progresses, the Division shall, upon request, reimburse the applicant from the deposit amounts which equal the aggregate cost of the work done. An applicant desiring to relinquish and abandon the project before completion of the surveys and determinations may serve written notice to that effect upon the Division, accompanied with a relinquishment to the State of his or her application for a water right, and the Division shall refund to the applicant the unexpended balance of his or her deposit.

[6:76:1911; RL § 3069; NCL § 5480]—(NRS A 1977, 1195 ; 1979, 231 )

NRS 325.100

NRS

325.100

Survey of townsite: Expenses.

In all cases where it shall become necessary, in the opinion of the citizens of the town, to make a survey of any townsite for the purpose of identifying or locating the lots, blocks, squares, streets or alleys contained within the limits of the townsite, the costs of the survey shall be paid to the trustees to defray the expenses of the survey. The costs shall be paid by the claimants pro rata.

[5:82:1871; B § 3866; BH § 421; C § 349; RL § 1990; NCL § 2915]—(NRS A 1959, 183 )

NRS 326.020

NRS

326.020

Size of claim and other conditions necessary to maintain action.

No person shall be entitled to maintain an action for possession of or injury to any claim as provided in NRS 326.010 unless:

The claim contains 160 acres or less and does not contain more than 160 acres.
The claim has been surveyed and marked by metes and bounds so that the boundaries may be readily traced and the extent of the claim easily known.
The claimant occupies the claim.
The claimant has complied with the provisions of NRS 326.030 and 326.040 .

[2:95:1865; B § 79; BH § 3739; C § 3815; RL § 5850; NCL § 9433]

NRS 326.030

NRS

326.030

Survey; recording of certified plat.

Any person claiming any of the public lands in this State shall:

Have the same surveyed by the county surveyor of the county in which the lands are situated.
Have the plat of such survey duly certified to by the county surveyor.
Have the plat recorded in the office of the county recorder.
Take and subscribe his or her affidavit that he or she has taken no other claim under the provisions of NRS 326.010 to 326.070 , inclusive, and that, to the best of his or her knowledge and belief, the lands are not claimed under any existing title.

[3:95:1865; B § 80; BH § 3740; C § 3816; RL § 5851; NCL § 9434]

NRS 326.040

NRS

326.040

Improvements: Time limited; value.

Within 90 days after the date of record, the person recording is required to improve the lands thus recorded to the value of $200, by putting such improvements thereon as shall partake of the realty, unless such improvements shall have been made prior to the application for survey and record, according to NRS 326.030 .

[4:95:1865; B § 81; BH § 3741; C § 3817; RL § 5852; NCL § 9435]

NRS 326.060

NRS

326.060

Proof of actual enclosure not required on trial.

On the trial of any such causes, the possession or possessory right of the plaintiff shall be considered as extending to the boundaries embraced in the survey so as to enable the plaintiff, according to NRS 326.030 , to have and maintain an action without being compelled to prove an actual enclosure.

[6:95:1865; B § 83; BH § 3734; C § 3819; RL § 5854; NCL § 9437]

NRS 326.070

NRS

326.070

Adverse entrant guilty of unlawful entry; proceedings for removal.

All lands in this state shall be deemed and regarded as public lands until the legal title is known to have passed from the government to private persons.
Every person who shall have complied with the provisions of NRS 326.010 to 326.070 , inclusive, shall be deemed and held to have the right or title of possession of all the lands embraced within the survey, not to exceed 160 acres; and any person who shall thereafter, without the consent of the person so complying, enter into or upon such lands adversely, shall be deemed and held guilty of an unlawful and fraudulent entry thereon, and may be removed therefrom by proceedings had before any justice of the peace of the township in which the lands are situated. Such proceedings may be commenced and prosecuted under the provisions of NRS 40.220 to 40.420 , inclusive, and all the provisions contained in those sections are made applicable to proceedings under NRS 326.010 to 326.070 , inclusive.

[7:95:1865; A 1869, 72 ; B § 84; BH § 3744; C § 3820; RL § 5855; NCL § 9438]—(NRS A 2015, 3138 )

MAINTENANCE AND DEFENSE OF POSSESSORY ACTIONS BY APPLICANTS AND CONTRACTORS TO PURCHASE PUBLIC LANDS

NRS 327.005

NRS

327.005

Sole coordinate system in Nevada for describing land.

On and after publication of the North American Datum of 1983 for Nevada by the National Geodetic Survey of the National Oceanic and Atmospheric Administration, or the federal agency which succeeds it, the Nevada Coordinate System of 1983, which is a transverse Mercator projection of the North American Datum of 1983, is the sole coordinate system in Nevada for describing land.
On and after that date of publication, the Nevada Coordinate System of 1927 may be used only for purposes of reference.

(Added to NRS by 1983, 1338 ; A 1987, 392 )

NRS 327.010

NRS

327.010

Designation of systems; division of State into three zones.

The system of plane coordinates which has been established for defining and stating the positions or locations of points on the surface of the earth within the State of Nevada:

(a) By the United States Coast and Geodetic Survey is designated as the Nevada Coordinate System of 1927.

(b) By the National Geodetic Survey of the National Oceanic and Atmospheric Administration, or the federal agency which succeeds it, is designated as the Nevada Coordinate System of 1983.

For the purpose of the use of these systems the State is divided into an East Zone, a Central Zone, and a West Zone. The area now included in:

(a) Clark, Elko, Eureka, Lincoln and White Pine counties constitutes the East Zone.

(b) Lander and Nye counties constitutes the Central Zone.

(c) Carson City and Churchill, Douglas, Esmeralda, Humboldt, Lyon, Mineral, Pershing, Storey and Washoe counties constitutes the West Zone.

[1:84:1945; 1943 NCL § 5589]—(NRS A 1969, 329 ; 1983, 1339 )

NRS 327.030

NRS

327.030

Plane coordinates.

The plane coordinates of a point on the earths surface, to be used in expressing the location of the point in the appropriate zone, must consist of two distances, expressed in:

(a) Feet and decimals of a foot under the Nevada Coordinate System of 1927; or

(b) Meters and decimals of a meter under the Nevada Coordinate System of 1983.

Ê One of these distances, to be known as the x-coordinate, must give the position in an east-and-west direction; the other, to be known as the y-coordinate, must give the position in a north-and-south direction.

These coordinates must be made to conform to the values of the plane rectangular coordinates for the monumented stations of the North American Horizontal Geodetic Control Network, as published by the National Geodetic Survey of the National Oceanic and Atmospheric Administration or the federal agency which succeeds it, and whose plane coordinates have been computed on the systems defined in this chapter. Any such station may be used for connecting a survey to either Nevada coordinate system.
As used in this section:

(a) Foot means the United States Survey Foot.

(b) Meter means exactly 39.37 inches.

[3:84:1945; 1943 NCL § 5589.02]—(NRS A 1983, 1340 ; 1987, 392 )

NRS 327.050

NRS

327.050

Definitions of Nevada coordinate systems.

For purposes of more specifically defining the Nevada Coordinate System of 1927, the following definition by the United States Coast and Geodetic Survey is adopted:

(a) The Nevada Coordinate System of 1927, East Zone, is a transverse Mercator projection of the Clarke Spheroid of 1866, having a central meridian 115 ° 35 ¢ west of Greenwich, on which meridian the scale is set at one part in 10,000 too small. The origin of coordinates is at the intersection of the meridian 115 ° 35 ¢ west of Greenwich and the parallel 34 ° 45 ¢

north latitude. This origin is given the coordinates: x = 500,000 feet and y = 0 feet.

(b) The Nevada Coordinate System of 1927, Central Zone, is a transverse Mercator projection of the Clarke Spheroid of 1866, having a central meridian 116 ° 40 ¢ west of Greenwich, on which meridian the scale is set at one part in 10,000 too small. The origin of coordinates is at the intersection of the meridian 116 ° 40 ¢ west of Greenwich and the parallel 34 ° 45 ¢

north latitude. This origin is given the coordinates: x = 500,000 feet and y = 0 feet.

(c) The Nevada Coordinate System of 1927, West Zone, is a transverse Mercator projection of the Clarke Spheroid of 1866, having a central meridian 118 ° 35 ¢ west of Greenwich, on which meridian the scale is set at one part in 10,000 too small. The origin of coordinates is at the intersection of the meridian 118 ° 35 ¢ west of Greenwich and the parallel 34 ° 45 ¢

north latitude. This origin is given the coordinates: x = 500,000 feet and y = 0 feet.

For purposes of more specifically defining the Nevada Coordinate System of 1983, the following definition by the National Geodetic Survey of the National Oceanic and Atmospheric Administration is adopted:

(a) The Nevada Coordinate System of 1983, East Zone, is a transverse Mercator projection of the North American Datum of 1983, having a central meridian 115 ° 35 ¢ west of Greenwich, on which meridian the scale is set at one part in 10,000 too small. The origin of coordinates is at the intersection of the meridian 115 ° 35 ¢ west of Greenwich and the parallel 34 ° 45 ¢

north latitude. This origin is given the coordinates: x = 200,000 meters and y = 8,000,000 meters.

(b) The Nevada Coordinate System of 1983, Central Zone, is a transverse Mercator projection of the North American Datum of 1983, having a central meridian 116 ° 40 ¢ west of Greenwich, on which meridian the scale is set at one part in 10,000 too small. The origin of coordinates is at the intersection of the meridian 116 ° 40 ¢ west of Greenwich and the parallel 34 ° 45 ¢

north latitude. This origin is given the coordinates: x = 500,000 meters and y = 6,000,000 meters.

(c) The Nevada Coordinate System of 1983, West Zone, is a transverse Mercator projection of the North American Datum of 1983, having a central meridian 118 ° 35 ¢ west of Greenwich, on which meridian the scale is set at one part in 10,000 too small. The origin of coordinates is at the intersection of the meridian 118 ° 35 ¢ west of Greenwich and the parallel 34 ° 45 ¢

north latitude. This origin is given the coordinates: x = 800,000 meters and y = 4,000,000 meters.

[5:84:1945; 1943 NCL § 5589.04]—(NRS A 1983, 1340 )

NRS 327.070

NRS

327.070

Limitation on use of terms Nevada Coordinate System of 1927 and Nevada Coordinate System of 1983.

The use of the term Nevada Coordinate System of 1927 or Nevada Coordinate System of 1983 on any map, report of survey, or other document is limited to use for coordinates based on the system as defined in this chapter.

[7:84:1945; 1943 NCL § 5589.06]—(NRS A 1983, 1342 )

NRS 328.270

NRS

328.270

Conveyance authorized to United States for site for post office and federal building in Tonopah (1939).

The Board of County Commissioners of Nye County, State of Nevada, acting as the Town Board of the Town of Tonopah, an unincorporated town, in Nye County, State of Nevada, through its proper officers, is hereby empowered, authorized and directed to make, execute and deliver, upon such terms as may be agreed upon, to the United States of America, for the purpose of erection thereon of a post office and federal building and for other purposes, a good and sufficient deed conveying to the United States of America in fee simple absolute, subject to certain mining rights as reserved in such land, the following-described real property, situate within the limits of the Town of Tonopah, Nye County, State of Nevada: All of Lot 7 of Block D of the Town of Tonopah, Nye County, State of Nevada, now being used as a street and being a part of Bryan Avenue of the Town of Tonopah, Nye County, State of Nevada, also a portion of St. Patrick Street, being approximately 10 feet of St. Patrick Street of the Town of Tonopah, Nye County, State of Nevada, and being that certain footage to a depth of approximately 10 feet of St. Patrick Street, as adjoins and extends along the westerly ends of Lots 5, 6, 7, and 5 feet of Lot 8, all in Block D of the Town of Tonopah, Nye County, State of Nevada, as shown and delineated upon the Walter C. Gayhart survey plat of the Town of Tonopah, Nye County, State of Nevada, on file in the Office of the County Recorder of Nye County, State of Nevada, and as shown and delineated upon the W. V. Richardson survey map of the Town of Tonopah, Nye County, State of Nevada, as approved by the Board of County Commissioners of Nye County, State of Nevada, on July 2, 1907.

[1:51:1939]

NRS 328.280

NRS

328.280

Consent to acquisition of site for post office and federal building in Tonopah (1939).

The consent of the State of Nevada is hereby given, in accordance with Clause 17 of Section 8 of Article I of the Constitution of the United States, to the acquisition by the United States of the following-described land in this state as the site for a post office and federal building in the Town of Tonopah, Nye County, State of Nevada: Beginning at a point on the westerly side of Main Street, Town of Tonopah, Nye County, State of Nevada, the point being the southeast corner of Block D, as shown and delineated on the Walter C. Gayhart survey plat of the Town of Tonopah, Nye County, State of Nevada, on file in the Office of the County Recorder of Nye County, State of Nevada, and as shown and delineated on the W. V. Richardson survey map of the Town of Tonopah, Nye County, State of Nevada, as approved by the Board of County Commissioners July 2, 1907; thence north 48 ° 11 ¢

west 120 feet to the southeast corner of Lot No. 5 of Block D, which is the southeast corner of the proposed site for the post office and federal building; thence north 48 ° 11 ¢ west 90 feet to the northeast corner of the proposed site for the post office and federal building, the northeast corner being located in Lot 8 of Block D; thence south 41 ° 49 ¢

west 110 feet to the northwest corner of the proposed site for the post office and federal building; thence south 51 ° 12 ¢ east 90 feet to the southwest corner of the proposed site for the post office and federal building; thence north 41 ° 49 ¢ east 106 feet to the southeast corner of the proposed site for the post office and federal building, the place of beginning; being a tract of land on the westerly side of Main Street of the Town of Tonopah, Nye County, State of Nevada, with a frontage of approximately 90 feet on Main Street, extending westwardly 110 feet to the easterly side of St. Patrick Street of the Town of Tonopah, Nye County, State of Nevada; also being described as Lots 5, 6, 7, and easterly 5 feet of Lot 8, in Block D, Town of Tonopah, County of Nye, State of Nevada, and a portion, approximately 10 feet of St. Patrick Street of the Town of Tonopah, Nye County, State of Nevada, and being that certain footage to a depth of approximately 10 feet of St. Patrick Street, as adjoins and extends along the westerly ends of Lots 5, 6, 7, and 5 feet of Lot 8, all in Block D.

The exclusive jurisdiction in all the land described is hereby ceded to the United States for all purposes except the service thereon of all civil and criminal process of the courts of this state, but the jurisdiction so ceded shall continue no longer than the United States shall own such land; and so long as the land shall remain the property of the United States, and no longer, the same shall be exempt and continue exempt and exonerated from all state, county, and municipal assessment, taxation or other charges which may be levied or imposed under the authority of this state.

[1:52:1939] + [2:52:1939]

Carson City

NRS 328.330

NRS

328.330

Conveyance by County Commissioners of land within Lehman Cave National Monument (1931).

The Board of County Commissioners of White Pine County, Nevada, are hereby authorized and empowered to deed or otherwise convey to the Federal Government, for such purposes and under such conditions as the Board of County Commissioners may deem fit, with or without monetary consideration therefor, the real property hereinafter described.
The real property referred to in subsection 1, and by the terms of this section authorized to be by the Board of County Commissioners of White Pine County, Nevada, deeded or otherwise transferred to the Federal Government is described as follows: That certain lot and parcel of land within the boundaries of Lehman Cave National Monument in partly surveyed T. 13 N., R. 69 E., M.D.B. & M. (which was set aside and proclaimed January 24, 1922), which lot and parcel of land is also within the boundaries of Homestead Entry Survey No. 149, embracing 46.97 acres.
If the Board of County Commissioners of White Pine County, Nevada, shall consider that benefits to accrue to White Pine County and to the State of Nevada by disposing of such lands to the Federal Government for other than monetary consideration may be justified by so doing, the Board of County Commissioners is hereby authorized and empowered to transfer the lands to the Federal Government for such other consideration as to the Board may be deemed just.

[1:104:1931] + [2:104:1931] + [3:104:1931]

NRS 328.340

NRS

328.340

Conveyance by State of land within Lehman Cave National Monument (1935).

After March 27, 1935, the State Board of Control of the State of Nevada is hereby authorized and directed to make, execute and deliver to the United States of America, for the purpose of being a national monument, a conveyance of the following-described real property: That certain lot and parcel of land within the boundaries of Lehman Cave National Monument in partly surveyed T. 13 N., R. 69 E., M.D.B. & M. (which was set aside and proclaimed January 24, 1922), which lot and parcel of land is also within the boundaries of Homestead Entry Survey No. 149, embracing 46.97 acres, and which lot and parcel of land is further described as follows: Beginning at a point which is the southwesterly corner of Homestead Entry Survey No. 149 and running along the westerly boundary line of such homestead entry northwesterly for a distance of 200 feet; running thence at a right angle in a northeasterly direction and parallel to the southerly boundary line of such homestead entry for a distance of 150 feet; running thence at a right angle approximately in a southeasterly direction and parallel to the westerly line of such homestead entry for a distance of 200 feet to an intersection with the southerly line of such homestead entry; running thence along the southerly boundary and in a southwesterly direction for a distance of 150 feet to the point and place of beginning, all of which lot and parcel of land if surveyed would be situate in the NE 1/4 of the NW 1/4 of section 15, T. 13 N., R. 69 E., M.D.B. & M., and embraces 0.688 acre, more or less.

[1:107:1935]

NRS 328.370

NRS

328.370

Conveyance by State of land within Lehman Cave National Monument; correcting description error in deed given pursuant to

NRS 328.340

(1945).

After March 5, 1945, the State Board of Control of the State of Nevada is hereby authorized and directed to make, execute and deliver to the United States of America, for the purpose of being a national monument, a conveyance of the following-described real property, being that certain lot and parcel of land within the boundaries of Lehman Cave National Monument in partly surveyed T. 13 N., R. 69 E., M.D.B. & M. (which was set aside and proclaimed January 24, 1922), which lot and parcel of land to be conveyed is a part of Homestead Entry Survey No. 149, embracing a portion of approximately sections 10 and 15 in T. 13 N., R. 69 E., M.D.B. & M., and which lot, piece or parcel of land is particularly described as follows: Commencing at corner No. 2 of Homestead Entry Survey No. 149 as described in the patent issued by the United States of America of such homestead entry, and running thence along side line of such homestead entry north 70 ° 07 ¢

east, 214.5 feet, thence north 32 ° 44 ¢ west 21.41 feet to the place of beginning; thence first course, north 32 ° 44 ¢ west 150 feet; thence second course, north 51 ° 31 ¢ east 200 feet; thence third course, south 32 ° 44 ¢ east 150 feet; thence fourth course, south 51 ° 31 ¢ west 200 feet to the point of beginning.

The deed is given to correct the description in that certain deed heretofore made and executed and delivered by the parties of the first part to the party of the second part pursuant to the provisions of NRS 328.340 and which is of record in the Office of the County Recorder of White Pine County, Nevada.

[1:33:1945]

NRS 329.020

NRS

329.020

Declaration of policy.

It is the purpose of this chapter to protect and perpetuate public land survey corners and other corners, along with information concerning the location of such corners by requiring the systematic establishment of monuments and recording of information concerning the location of such corners, thereby providing for property security and a coherent system of property location and identification, and eliminating the repeated necessity for re-establishment and relocations of such corners once they are established and located.

(Added to NRS by 1969, 630 ; A 2003, 77 ; 2019, 1531 )

NRS 329.090

NRS

329.090

Property-controlling corner defined.

Property-controlling corner for a property means a public land survey corner or any property corner which does not lie on a property line of the property in question, but which controls the location of one or more of the property corners of such property.

(Added to NRS by 1969, 630 )

NRS 329.110

NRS

329.110

Public land survey corner defined.

Public land survey corner means any corner actually established and monumented in an original survey or resurvey used as a basis of legal description for issuing a patent for the land to a private person from the United States Government.

(Added to NRS by 1969, 630 )

NRS 329.140

NRS

329.140

Recording of corner record required; exception.

Except as otherwise provided in subsection 2 and NRS 329.145 , a surveyor shall complete, sign and record or cause to be recorded with the county recorder of the county in which the corner is situated a written record of the establishment or restoration of a corner. Except as otherwise provided in subsection 2 and NRS 329.145 , such a recording must be made for every corner and accessory to the corner which is established, re-established, monumented, remonumented, restored, rehabilitated, perpetuated or used as control in any survey. The survey information must be recorded within 90 days after the survey is completed.
A corner record may not be used:

(a) For the perpetuation of more than six corners.

(b) In lieu of a record of survey recorded pursuant to NRS 625.340 to 625.380 , inclusive.

(Added to NRS by 1969, 631 ; A 1991, 1892 ; 2001, 1762 ; 2019, 1531 )

NRS 329.145

NRS

329.145

Conditions under which surveyor not required to record corner record.

A surveyor is not required to record a corner record if:

A corner record is recorded with the county recorder and the corner is found as described in the record; and
All information required in a corner record pursuant to this chapter is included in:

(a) A record of survey recorded in accordance with the provisions of NRS 625.340 to 625.380 , inclusive; or

(b) A land subdivision map recorded in accordance with the provisions of NRS 278.010 to 278.630 , inclusive.

(Added to NRS by 1991, 1892 ; A 2003, 77 )

NRS 329.180

NRS

329.180

Reconstruction or rehabilitation of monument and accessory to corner.

Where a corner record of a corner is required to be recorded pursuant to the provisions of this chapter, the surveyor must reconstruct or rehabilitate the monument of such corner and the accessories to such corner so that such corner and accessories may be readily located at any time in the future.

(Added to NRS by 1969, 631 ; A 2003, 77 ; 2019, 1532 )

NRS 329.190

NRS

329.190

Corner records: Signatures.

No corner record may be recorded unless it is signed by a professional land surveyor or, in the case of any agency of the United States Government, by the official making the survey, who shall designate his or her official title and the agency for which he or she is employed.

(Added to NRS by 1969, 631 ; A 1989, 797 ; 2003, 77 )

NRS 329.210

NRS

329.210

Penalties.

Any surveyor who fails to comply with the provisions of this chapter is guilty of gross negligence, incompetency or misconduct in the practice of land surveying as a professional land surveyor and is subject to disciplinary action pursuant to NRS 625.460 .

(Added to NRS by 1969, 631 ; A 1985, 1048 ; 1989, 797 )

NRS 331.135

NRS

331.135

Legislative Building and grounds: Control by Legislature; assignment of space; maintenance.

The Legislature reserves the supervision and control, both during and between legislative sessions, of:

(a) The entire Legislative Building, including its chambers, offices and other rooms, and its furnishings and equipment.

(b) A portion of the parcel of land bounded on the west by Carson Street, on the south by Fifth Street, on the east by a portion of the abandoned Fall and Plaza Streets, and on the north by the sidewalk along the south fence of the capitol grounds, situated in a portion of the Capitol Complex, as shown on the Record of Survey Map No. 297, Official Records of Carson City, Nevada, File No. 3043, section 17, T. 15 N., R. 20 E., M.D.M., more particularly described as follows:

Beginning at the southwest corner of block 36, Sears, Thompson and Sears Division, as shown on that record of survey;

Thence N 89 ° 52 ¢ 32 ² E, a distance of 443.93 feet;

Thence N 00 ° 12 ¢ 15 ² E, a distance of 302.14 feet;

Thence N 44 ° 47 ¢ 45 ² W, a distance of 327.16 feet to the east side of an existing sidewalk;

Thence N 00 ° 14 ¢ 26 ² E, along that sidewalk, a distance of 173.16 feet, more or less, to the north line of a sidewalk;

Thence N 89 ° 47 ¢ 45 ² W, along that sidewalk, a distance of 212.50 feet, to the east right-of-way line of Carson Street;

Thence S 00 ° 13 ¢ 08 ² W, along that line, a distance of 709.40 feet, more or less, to the true point of beginning.

Containing 5.68 acres, more or less.

(c) The entire parcel of land bounded on the north by Fifth Street, on the south by Sixth Street, on the east by Stewart Street and on the west by Plaza Street, also described as blocks 2 and 3, Pierson and Goodridge Addition; and that portion of Fall Street between Fifth Street and Sixth Street abandoned by Carson City on April 26, 1990, Meeting Agenda Item 9 M-89/90-10. Also the entire parcel of land bounded on the north by the south boundary line of block 2, Pierson and Goodridge Addition, on the south by Seventh Street, on the east by Stewart Street and on the west by Fall Street, and further described as block 7, Pierson and Goodridge Addition.

(d) The entire parcel of land bounded on the north by Sixth Street, on the south by Seventh Street, on the east by Fall Street, and on the west by Plaza Street, also described as block 6, Pierson and Goodridge Addition.

(e) The entire parcel of land bounded on the north by Fourth Street, on the west by Stewart Street, on the south by Fifth Street, and on the east by the abandoned right-of-way of Valley Street, also described as block 39 of Sears, Thompson and Sears Division of Carson City; and the west 30.00 feet of the abandoned right-of-way of Valley Street abutting block 39 of Sears, Thompson and Sears Division. Excepting therefrom that portion of Stewart and Fifth Streets deeded to the State of Nevada through its Department of Transportation as recorded in book 283, page 208, of Deeds, Carson City, Nevada.

(f) The entire parcel of land bounded on the north by Third Street, on the west by Stewart Street, on the south by Fourth Street, and on the east by Valley Street, also described as block 22 of Sears, Thompson and Sears Division of Carson City; and the land occupied by the state printing warehouse in block 21 of Sears, Thompson and Sears Division of Carson City; and the abandoned right-of-way of Fourth Street between block 22 of Sears, Thompson and Sears Division and block 39 of Sears, Thompson and Sears Division of Carson City. Excepting therefrom that portion of Stewart Street deeded to the State of Nevada through its Department of Transportation as recorded in book 283, page 208, of Deeds, Carson City, Nevada.

(g) The entire area of land bounded on the west by Fall Street, on the south by Fifth Street, on the east by Stewart Street and on the north by the northern edge of the sidewalk along the northern side of the parking garage, also described as block 38 and a portion of block 23 of Sears, Thompson and Sears Division of Carson City (including the portion of Fourth Street abandoned on December 5, 1989).

(h) The following Clark County parcel numbers:

(1) 177-03-311-005;

(2) 177-03-410-006;

(3) 177-03-410-008;

(4) 177-03-410-011; and

(5) 177-03-410-014.

(i) Any other property acquired for the use of the Legislature or its staff.

Ê Title to the property described in this subsection must be held in the name of the Legislature of the State of Nevada.

The Director of the Legislative Counsel Bureau:

(a) Shall provide an individual office for each Legislator whose position as an officer or as a chair of a committee does not otherwise entitle the Legislator to occupy an assigned office.

(b) May assign the use of space in the Legislative Building or other legislative facilities or on the legislative grounds in such a manner as the Legislative Commission prescribes.

The Director of the Legislative Counsel Bureau shall cause the Legislative Building, chambers and grounds and other legislative facilities to be kept in good repair, clean, orderly and presentable as befits public property and the dignity of the Legislature. For this purpose he or she may, in addition to the general power of the Director to employ or contract for the services of personnel, contract with any private enterprise or governmental agency for the provision of appropriate services.

(Added to NRS by 1969, 487 ; A 1973, 60 ; 1975, 419 ; 1977, 399 ; 1981, 354 ; 1989, 1617 , 2006 ;

1991, 943 ; 2001, 3206 ; 2007, 3306 ; 2019, 3128 ; 2023, 34th Special Session, 17 )

NRS 332.117

NRS

332.117

Award of certain contracts to nonprofit organization or agency whose primary purpose is training and employment of persons with mental or physical disabilities.

In accordance with the Program to Encourage and Facilitate Purchases by Agencies of Commodities and Services From Organizations established pursuant to NRS 334.025 , a governing body or its authorized representative may award, without complying with the requirements for a competitive solicitation set forth in this chapter, a contract for services or for the purchase of supplies, materials, equipment or labor to a nonprofit organization or agency whose primary purpose is the training and employment of persons with a mental or physical disability, including, without limitation, a provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310 , inclusive.
A nonprofit organization or agency that:

(a) Wishes to submit a response to a solicitation must:

(1) Register with the Purchasing Division of the Department of Administration as required pursuant to NRS 334.025 ; and

(2) Establish a fair-market price for those services, supplies, materials, equipment or labor by conducting a market survey and must include the survey with the response submitted to the local government.

(b) Is awarded such a contract must report quarterly to the Purchasing Division as required pursuant to NRS 334.025 .

As used in this section, nonprofit organization or agency means an organization or agency that is recognized as exempt pursuant to the provisions of 26 U.S.C. § 501(c)(3).

(Added to NRS by 2001, 1535 ; A 2007, 2493 ; 2009, 2237 ; 2017, 1546 ; 2019, 775 )

NRS 333.375

NRS

333.375

Award of certain contracts to nonprofit organization or agency whose primary purpose is training and employment of persons with mental or physical disabilities.

The provisions of NRS 331.100 notwithstanding, and in accordance with the Program to Encourage and Facilitate Purchases by Agencies of Commodities and Services From Organizations established pursuant to NRS 334.025 , the Purchasing Division may award without accepting competitive bids a contract for services or the purchase of commodities to nonprofit organizations or agencies whose primary purpose is the training and employment of persons with a mental or physical disability, including, without limitation, a provider of jobs and day training services certified pursuant to NRS 435.130

to 435.310 , inclusive.

A nonprofit organization or agency that:

(a) Wishes to submit a bid for such a contract must:

(1) Register with the Purchasing Division as required pursuant to NRS 334.025 ; and

(2) Establish a fair-market price for those services or commodities by conducting a market survey and must include the survey with the bid submitted to the Purchasing Division.

(b) Is awarded such a contract must report quarterly to the Purchasing Division as required pursuant to NRS 334.025 .

As used in this section, nonprofit organization or agency means an organization or agency that is recognized as exempt pursuant to the provisions of 26 U.S.C. § 501(c)(3).

(Added to NRS by 1987, 1641 ; A 2001, 1536 ; 2007, 2494 ; 2009, 2237 ; 2017, 1546 )

NRS 338.010

NRS

338.010

Definitions.

As used in this chapter:

Authorized representative means a person designated by a public body to be responsible for the development, solicitation, award or administration of contracts for public works pursuant to this chapter.
Bona fide fringe benefit means a benefit in the form of a contribution that is made not less frequently than monthly to an independent third party pursuant to a fund, plan or program:

(a) Which is established for the sole and exclusive benefit of a worker and his or her family and dependents; and

(b) For which none of the assets will revert to, or otherwise be credited to, any contributing employer or sponsor of the fund, plan or program.

Ê The term includes, without limitation, benefits for a worker that are determined pursuant to a collective bargaining agreement and included in the determination of the prevailing wage by the Labor Commissioner pursuant to NRS 338.030 .

Contract means a written contract entered into between a contractor and a public body for the provision of labor, materials, equipment or supplies for a public work.
Contractor means:

(a) A person who is licensed pursuant to the provisions of chapter 624 of NRS.

(b) A design-build team.

Day labor means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a worker or workers employed by them on public works by the day and not under a contract in writing.
Design-build contract means a contract between a public body and a design-build team in which the design-build team agrees to design and construct a public work.
Design-build team means an entity that consists of:

(a) At least one person who is licensed as a general engineering contractor or a general building contractor pursuant to chapter 624 of NRS; and

(b) For a public work that consists of:

(1) A building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS.

(2) Anything other than a building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS or landscape architecture pursuant to chapter 623A

of NRS or who is licensed as a professional engineer pursuant to chapter 625 of NRS.

Design professional means:

(a) A person who is licensed as a professional engineer pursuant to chapter 625 of NRS;

(b) A person who is licensed as a professional land surveyor pursuant to chapter 625 of NRS;

(c) A person who holds a certificate of registration to engage in the practice of architecture, interior design or residential design pursuant to chapter 623 of NRS;

(d) A person who holds a certificate of registration to engage in the practice of landscape architecture pursuant to chapter 623A of NRS; or

(e) A business entity that engages in the practice of professional engineering, land surveying, architecture or landscape architecture.

Discrete project means one or more public works which are undertaken on a single construction site for a single public body. The term does not include one or more public works that are undertaken on multiple construction sites regardless of whether the public body which sponsors or finances the public works bundles the public works together.
Division means the State Public Works Division of the Department of Administration.
Eligible bidder means a person who is:

(a) Found to be a responsible and responsive contractor by a local government or its authorized representative which requests bids for a public work in accordance with paragraph (b) of subsection 1 of NRS 338.1373 ; or

(b) Determined by a public body or its authorized representative which awarded a contract for a public work pursuant to NRS 338.1375 to 338.139 , inclusive, to be qualified to bid on that contract pursuant to NRS 338.1379

or 338.1382 .

General contractor means a person who is licensed to conduct business in one, or both, of the following branches of the contracting business:

(a) General engineering contracting, as described in subsection 2 of NRS 624.215 .

(b) General building contracting, as described in subsection 3 of NRS 624.215 .

Governing body means the board, council, commission or other body in which the general legislative and fiscal powers of a local government are vested.
Horizontal construction means any construction, alteration, repair, renovation, demolition or remodeling necessary to complete a public work, including, without limitation, any irrigation, drainage, water supply, flood control, harbor, railroad, highway, tunnel, airport or airway, sewer, sewage disposal plant or water treatment facility and any ancillary vertical components thereof, bridge, inland waterway, pipeline for the transmission of petroleum or any other liquid or gaseous substance, pier, and any other work incidental thereto. The term does not include vertical construction, the construction of any terminal or other building of an airport or airway, or the construction of any other building.
Local government means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A , 318 , 318A ,

379 , 474 , 538 , 541 , 543 and 555 of NRS, NRS 450.550 to 450.750 , inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision. The term includes a person who has been designated by the governing body of a local government to serve as its authorized representative.

Offense means:

(a) Failing to:

(1) Pay the prevailing wage required pursuant to this chapter;

(2) Pay the contributions for unemployment compensation required pursuant to chapter 612

of NRS;

(3) Provide and secure compensation for employees required pursuant to chapters 616A

to 617 , inclusive, of NRS; or

(4) Comply with subsection 5 or 6 of NRS 338.070 .

(b) Discharging an obligation to pay wages in a manner that violates the provisions of NRS 338.035 .

Prime contractor means a contractor who:

(a) Contracts to construct an entire project;

(b) Coordinates all work performed on the entire project;

(d) Contracts for the services of any subcontractor or independent contractor or is responsible for payment to any contracted subcontractors or independent contractors.

Ê The term includes, without limitation, a general contractor or a specialty contractor who is authorized to bid on a project pursuant to NRS 338.139 or 338.148 .

Public body means the State, county, city, town, school district or any public agency of this State or its political subdivisions sponsoring or financing a public work.
Public work means any project for the new construction, repair or reconstruction of a project financed in whole or in part from public money for:

(a) Public buildings;

(b) Jails and prisons;

(d) Public highways;

(e) Public streets and alleys;

(f) Public utilities;

(g) Publicly owned water mains and sewers;

(h) Public parks and playgrounds;

(i) Public convention facilities which are financed at least in part with public money; and

(j) All other publicly owned works and property.

Specialty contractor means a person who is licensed to conduct business as described in subsection 4 of NRS 624.215 .
Stand-alone underground utility project means an underground utility project that is not integrated into a larger project, including, without limitation:

(a) An underground sewer line or an underground pipeline for the conveyance of water, including facilities appurtenant thereto; and

(b) A project for the construction or installation of a storm drain, including facilities appurtenant thereto,

Ê that is not located at the site of a public work for the design and construction of which a public body is authorized to contract with a design-build team pursuant to subsection 2 of NRS 338.1711 .

Subcontract means a written contract entered into between:

(a) A contractor and a subcontractor or supplier; or

(b) A subcontractor and another subcontractor or supplier,

Ê for the provision of labor, materials, equipment or supplies for a construction project.

Subcontractor means a person who:

(a) Is licensed pursuant to the provisions of chapter 624 of NRS or performs such work that the person is not required to be licensed pursuant to chapter 624 of NRS; and

(b) Contracts with a contractor, another subcontractor or a supplier to provide labor, materials or services for a construction project.

Supplier means a person who provides materials, equipment or supplies for a construction project.
Vertical construction means any construction, alteration, repair, renovation, demolition or remodeling necessary to complete a public work for any building, structure or other improvement that is predominantly vertical, including, without limitation, a building, structure or improvement for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind, and any other work or improvement appurtenant thereto.
Wages means:

(a) The basic hourly rate of pay; and

(b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other bona fide fringe benefits which are a benefit to the worker.

Worker means a skilled mechanic, skilled worker, semiskilled mechanic, semiskilled worker or unskilled worker in the service of a contractor or subcontractor under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed. The term does not include a design professional.

[1 1/2:139:1937; added 1941, 389 ; 1931 NCL § 6179.51 1/2]—(NRS A 1969, 735 ; 1979, 1288 ; 1981, 526 ; 1983, 130 , 1573 ;

1989, 1965 ; 1993, 392 , 2131 ,

2247 ;

1995, 691 ; 1999, 1849 , 1991 ,

2396 ,

3472 ,

3502 ;

2001, 252 , 1143 ,

1268 ,

2022 ,

2258 ,

2276 ;

2003, 119 , 124 ,

1518 ,

1986 ,

2411 ,

2489 ;

2005, 1793 ; 2011, 490 , 2959 ;

2013, 750 , 2958 ;

2015, 2375 ; 2017, 2034 , 2718 ,

4035 ;

2019, 696 ; 2021, 732 , 736 ,

2218 )

NRS 338.030

NRS

338.030

Procedure for determination of prevailing wage in region; duration of rates.

The public body awarding any contract for public work, or otherwise undertaking any public work, shall ascertain from the Labor Commissioner the prevailing wage in the region established pursuant to NRS 338.025 in which the public work is to be performed for each craft or type of work.
The prevailing wage in each such region must be determined by the Labor Commissioner. To determine the prevailing wage in each region, the Labor Commissioner shall, in each odd-numbered year, survey contractors who have performed work in the region. Within 30 days after the determination is issued:

(a) A public body or person entitled under subsection 5 to be heard may submit an objection to the Labor Commissioner with evidence to substantiate that a different wage prevails; and

(b) Any person may submit information to the Labor Commissioner that would support a change in the prevailing wage of a craft or type of work by 50 cents or more per hour in any region.

The Labor Commissioner shall hold a hearing in the region in which the work is to be executed if the Labor Commissioner:

(a) Is in doubt as to the prevailing wage; or

(b) Receives an objection or information pursuant to subsection 2.

Ê The Labor Commissioner may hold only one hearing a year on the prevailing wage of any craft or type of work in any region.

Notice of the hearing must be advertised in a newspaper in the region in which the work is to be executed once a week for 2 weeks before the time of the hearing.
At the hearing, any public body, the crafts affiliated with the State Federation of Labor or other recognized national labor organizations, and the contractors of the region or their representatives must be heard. From the evidence presented, the Labor Commissioner shall determine the prevailing wage.
If the Labor Commissioner determines pursuant to subsection 2 that the prevailing wage for a craft or type of work is a wage that has been collectively bargained, the Labor Commissioner shall:

(a) Include in his or her determination of that prevailing wage any compensation in addition to the basic hourly wage or benefit for the craft or type of work required to be provided by the collective bargaining agreement, including, without limitation, premium pay for hours worked in excess of a shift of 8 hours or 12 hours or such other time increment set forth in the agreement or on a weekend or holiday and zone pay. As used in this paragraph, zone pay means additional pay for performing work at a work site that is located in a zone established in a collective bargaining agreement.

(b) Issue an amendment to the determination of the prevailing wage for the craft or type of work if the collective bargaining agreement provides for an increase in the wage before the next determination of that prevailing wage by the Labor Commissioner pursuant to subsection 2.

The wages so determined must be:

(a) Issued by the Labor Commissioner on October 1 of the odd-numbered year in which the survey was conducted and, except as otherwise provided in subsection 8, remain effective for 2 years after that date; and

(b) Made available by the Labor Commissioner to any public body which awards a contract for any public work.

On October 1 of each even-numbered year, the Labor Commissioner shall:

(a) Adjust the prevailing rate of wages:

(1) If the Labor Commissioner determined in the previous odd-numbered year that the prevailing rate of wages for a class of workers who perform the craft or type of work was a wage which was collectively bargained, in accordance with the signed collective bargaining agreement that is on file with the Labor Commissioner, if the collective bargaining agreement provides for such an adjustment on or before October 1 of that even-numbered year; or

(2) If the Labor Commissioner determined in the previous odd-numbered year that the prevailing rate of wage for a class of workers who perform the craft or type of work was not a wage which was collectively bargained, in accordance with the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the United States Department of Labor or, if that index ceases to be published by the United States Department of Labor, the published index that most closely resembles that index, as determined by the Labor Commissioner, if any change in that index has occurred since October 1 of the previous odd-numbered year; and

(b) Reissue the prevailing rate of wages for each class of workers who perform the craft or type of work, including any rates required to be adjusted pursuant to paragraph (a).

If the contract for a public work:

(a) Is to be awarded pursuant to a competitive bidding process, the prevailing wages in effect at the time of the opening of the bids for a contract for a public work must be paid until the completion or termination of the contract or for the 36 months immediately following the date on which the bids were opened, whichever is earlier.

(b) Is not to be awarded pursuant to a competitive bidding process, except as otherwise provided in this paragraph, the prevailing rate of wages in effect on the date on which the contractor for the contract is selected by the awarding body must be paid until the completion or termination of the contract or for the 36 months immediately following the date on which the contractor was selected, whichever is earlier. If the contract is not entered into within 90 days after the date of the selection of the contractor, the prevailing rates of wages in effect on the date on which the contract is entered into must be paid until the completion or termination of the contract or for the 36 months immediately following the date on which the contract was entered into, whichever is earlier.

If a contract for a public work is not completed or terminated within 36 months immediately following the date on which the bids were opened pursuant to paragraph (a) of subsection 9, within 36 months immediately following the date on which the contractor was selected, within 36 months immediately following the date the contract was entered into pursuant to paragraph (b) of subsection 9 or for any 36-month period thereafter until the contract is completed or terminated:

(a) Except as otherwise provided in paragraph (b), the prevailing wages in effect on the last day of the 36-month period must be paid for the immediately following 36 months.

(b) If the prevailing wages in effect on the last day of the 36-month period are lower than the prevailing wages paid during that 36-month period under the contract, the prevailing wages paid during that 36-month period must be paid for the immediately following 36 months.

Nothing contained in NRS 338.020 to 338.090 , inclusive, may be construed to authorize the fixing of any wage below any rate which may now or hereafter be established as a minimum wage for any person employed upon any public work, or employed by any officer or agent of any public body.

[2:139:1937; 1931 NCL § 6179.52]—(NRS A 1985, 2040 ; 2001, 1147 ; 2003, 2414 ; 2015, 2652 ; 2019, 700 , 931 ,

2528 )

NRS 338.173

NRS

338.173

Certificate of eligibility to receive preference when competing for public works to certain design professionals: Issuance; duration; ineligibility for submission of false information; regulations; fees; written objections.

The State Board of Architecture, Interior Design and Residential Design shall issue a certificate of eligibility to receive a preference when competing for public works to a person who holds a certificate of registration to engage in the practice of architecture pursuant to the provisions of chapter 623 of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the person has, while holding a certificate of registration to engage in the practice of architecture in this State:

(a) Paid directly, on his or her own behalf the excise tax imposed upon an employer by NRS 363B.110 of not less than $1,500 for each consecutive 12-month period for 36 months immediately preceding the submission of the affidavit from the certified public accountant; or

(b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating business that engages in the practice of architecture that:

(1) Satisfies the requirements of NRS 623.350 ; and

(2) Possesses a certificate of eligibility to receive a preference when competing for public works.

The State Board of Landscape Architecture shall issue a certificate of eligibility to receive a preference when competing for public works to a person who holds a certificate of registration to engage in the practice of landscape architecture pursuant to the provisions of chapter 623A of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the person has, while holding a certificate of registration to engage in the practice of landscape architecture in this State:

(b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating business that engages in the practice of landscape architecture that:

(1) Satisfies the requirements of NRS 623A.250 ; and

(2) Possesses a certificate of eligibility to receive a preference when competing for public works.

The State Board of Professional Engineers and Land Surveyors shall issue a certificate of eligibility to receive a preference when competing for public works to a professional engineer or professional land surveyor who is licensed pursuant to the provisions of chapter 625 of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the professional engineer or professional land surveyor has, while licensed as a professional engineer or professional land surveyor in this State:

(b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating business that engages in engineering or land surveying that:

(1) Satisfies the requirements of NRS 625.407 ; and

(2) Possesses a certificate of eligibility to receive a preference when competing for public works.

For the purposes of complying with the requirements set forth in paragraph (a) of subsection 1, paragraph (a) of subsection 2 and paragraph (a) of subsection 3, a person shall be deemed to have paid:

(a) The excise tax imposed upon an employer by NRS 363B.110 by an affiliate or parent company of the person, if the affiliate or parent company also satisfies the requirements of NRS 623.350 , 623A.250 or 625.407 , as applicable; and

(b) The excise tax imposed upon an employer by NRS 363B.110 by a joint venture in which the person is a participant, in proportion to the amount of interest the person has in the joint venture.

A design professional who has received a certificate of eligibility to receive a preference when competing for public works pursuant to subsection 1, 2 or 3 must, at the time for the renewal of his or her professional license or certificate of registration, as applicable, pursuant to chapter 623 , 623A or 625 of NRS, submit to the applicable licensing board an affidavit from a certified public accountant setting forth that the design professional has, during the immediately preceding 12 months, paid the taxes required pursuant to paragraph (a) of subsection 1, paragraph (a) of subsection 2 or paragraph (a) of subsection 3, as applicable, to maintain eligibility to hold such a certificate.
A design professional who fails to submit an affidavit to the applicable licensing board pursuant to subsection 5 ceases to be eligible to receive a preference when competing for public works unless the design professional reapplies for and receives a certificate of eligibility pursuant to subsection 1, 2 or 3, as applicable.
If a design professional holds more than one license or certificate of registration, the design professional must submit a separate application for each license or certificate of registration pursuant to which the design professional wishes to qualify for a preference when competing for public works. Upon issuance, the certificate of eligibility to receive a preference when competing for public works becomes part of the design professionals license or certificate of registration for which the design professional submitted the application.
If a design professional who applies to a licensing board for a certificate of eligibility to receive a preference when competing for public works pursuant to subsection 1, 2 or 3 submits false information to the licensing board regarding the required payment of taxes, the design professional is not eligible to receive a preference when competing for public works for a period of 5 years after the date on which the licensing board becomes aware of the submission of the false information.
The State Board of Architecture, Interior Design and Residential Design, the State Board of Landscape Architecture and the State Board of Professional Engineers and Land Surveyors shall adopt regulations and may assess reasonable fees relating to their respective certification of design professionals for a preference when competing for public works.
A person or entity who believes that a design professional wrongfully holds a certificate of eligibility to receive a preference when competing for public works may challenge the validity of the certificate by filing a written objection with the public body which selected, for the purpose of providing services for a public work, the design professional who holds the certificate. A written objection authorized pursuant to this subsection must:

(a) Set forth proof or substantiating evidence to support the belief of the person or entity that the design professional wrongfully holds a certificate of eligibility to receive a preference when competing for public works; and

(b) Be filed with the public body not later than 3 business days after:

(1) The date on which the public body makes available to the public pursuant to subsection 3 of NRS 338.1725 the information required by that subsection, if the design-build team of which the design professional who holds the certificate is a part was selected as a finalist pursuant to NRS 338.1725 ;

(2) The date on which the Department of Transportation makes available to the public pursuant to subsection 3 of NRS 408.3885 the information required by that subsection, if the design-build team of which the design professional who holds the certificate is a part was selected as a finalist pursuant to NRS 408.3885 ; or

(3) The date on which the licensing board which issued the certificate to the design professional posted on its Internet website the information required by NRS 338.1425 , if the design professional is identified in that information as being selected for a contract governed by NRS 338.155 .

If a public body receives a written objection pursuant to subsection 10, the public body shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to paragraph (a) of that subsection. If the public body determines that the objection is not accompanied by the required proof or substantiating evidence, the public body shall dismiss the objection and the public body or its authorized representative may proceed immediately to award the contract. If the public body determines that the objection is accompanied by the required proof or substantiating evidence, the public body shall determine whether the design professional qualifies for the certificate pursuant to the provisions of this section and the public body or its authorized representative may proceed to award the contract accordingly.

(Added to NRS by 2011, 3678 )

NOTIFICATION OF LICENSING BOARDS

NRS 338.176

NRS

338.176

Substantially incomplete or rejected plans submitted by licensed professional engineer or land surveyor.

A public body shall notify the State Board of Professional Engineers and Land Surveyors in writing if a licensed professional engineer or land surveyor:

Submits plans that are substantially incomplete; or
Submits plans for the same public work that are rejected by the public body at least three times.

(Added to NRS by 1997, 156 )

DESIGN, CONSTRUCTION, RENOVATION AND DEMOLITION OF PUBLIC WORKS

General Provisions

NRS 338.195

NRS

338.195

Survey for presence of asbestos required before renovation or demolition of public building or structure.

No public building or other public structure may be renovated or demolished until a survey of the building or structure has been made for the presence of asbestos or material containing asbestos.
As used in this section, material containing asbestos has the meaning ascribed to it by the Division of Industrial Relations of the Department of Business and Industry pursuant to NRS 618.765 .

(Added to NRS by 1989, 1280 ; A 1993, 1567 )

NRS 340.040

NRS

340.040

Institution of proceedings: Authority; jurisdiction of court; entry upon land by petitioner.

Any federal agency, state public body or authorized corporation may institute proceedings under this chapter for the acquisition of any real property necessary for any public works project.
Such proceedings may be instituted in the district court in any county in which any part of the real property or of the proposed public works project is situate. The court shall cause the proceedings to be heard and determined without delay. All condemnation proceedings shall be preferred cases, and shall be entitled to precedence over all other civil cases.
The petitioner may enter upon the land proposed to be acquired for the purpose of making a survey and of posting any notice thereon which is required by this chapter; but such survey and posting of notice shall be done in such manner as will cause the least possible inconvenience to the owners of the real property.

[4:135:1935; 1931 NCL § 6179.24]

NRS 349.168

NRS

349.168

Cost of any project defined.

Cost of any project, or any phrase of similar import, means all or any part designated by the Commission of the cost of any project, or interest therein, which cost at the option of the Commission may include all or any part of the incidental costs pertaining to the project, including without limitation:

Preliminary expenses advanced by the State from funds available for use therefor, or advanced by the Federal Government, or from any other source, with the approval of the Commission or any board or other agency of the State responsible for the project or defraying the cost thereof, or any combination thereof;
The costs in the making of surveys, audits, preliminary plans, other plans, specifications, estimates of costs and other preliminaries;
The costs of premiums on builders risk insurance and performance bonds, or a reasonably allocable share thereof;
The costs of appraising, printing, estimates, advice, services of engineers, architects, financial consultants, attorneys at law, clerical help or other agents or employees;
The costs of making, publishing, posting, mailing and otherwise giving any notice in connection with a project, the filing or recordation of instruments, the taking of options, the issuance of bonds and other securities, and bank fees and expenses;
The cost of contingencies;
The costs of the capitalization with proceeds of bonds or other securities issued hereunder of any operation and maintenance expenses appertaining to any facilities to be acquired as a project and of any interest on bonds or other securities for any period not exceeding the period estimated by the Commission to effect the project plus 1 year, of any discount on bonds or other securities, and of any reserves for the payment of the principal of and interest on the bonds or other securities, or any replacement expenses, and of any other cost of issuance of the bonds or other securities;
The costs of amending any resolution or other instrument authorizing the issuance of or otherwise appertaining to outstanding bonds or other securities of the State;
The costs of funding any short-term financing, construction loans and other temporary loans of not exceeding 5 years appertaining to a project and of the incidental expenses incurred in connection with such loans;
The costs of any properties, rights, easements or other interests in properties, or any licenses, privileges, agreements and franchises;
The costs of demolishing, removing or relocating any buildings, structures or other facilities on land acquired for any project, and of acquiring lands to which such buildings, structures or other facilities may be moved or relocated; and
All other expenses necessary or desirable and appertaining to a project, as estimated or otherwise ascertained by the commission.

(Added to NRS by 1967, 772 ; A 1975, 857 )

NRS 349.430

NRS

349.430

Cost of a project defined.

Cost of a project means all or a designated part of the cost of any project, including any incidental cost pertaining to the project. The cost of a project may include, among other costs, the costs of:

Surveys, audits, preliminary plans, other plans, specifications, estimates and other costs of preparations;
Appraising, printing, estimating, advice, services of engineers, architects, financial consultants, attorneys, clerical personnel and other agents and employees;
Publishing, posting, mailing and otherwise giving notice, filing or recording instruments, taking options and fees to banks;
Establishment of a reserve for contingencies;
Interest on bonds for any time which does not exceed the estimated period of construction plus 1 year, discounts on bonds, reserves for the payment of the principal of and interest on bonds, replacement expenses and other costs of issuing bonds;
Amending any resolution or other instrument authorizing the issuance of, or otherwise relating to, bonds for the project; and
Short-term financing,

Ê and the expense of operation and maintenance of the project.

(Added to NRS by 1981, 1624 ; A 2001, 3256 )

NRS 349.937

NRS

349.937

Cost of a water project defined.

Cost of a water project means all or a designated part of the cost of any water project, including any incidental cost pertaining to the water project. The cost of a water project may include, among other costs, the costs of:

Surveys, audits, preliminary plans, other plans, specifications, estimates and other costs of preparations;
Appraising, printing, estimating, advice, services of engineers, architects, financial consultants, attorneys, clerical personnel and other agents and employees;
Publishing, posting, mailing and otherwise giving notice, filing or recording instruments, taking options and fees to banks;
Establishment of a reserve for contingencies;
Interest on bonds for any time which does not exceed the estimated period of construction plus 1 year, discounts on bonds, reserves for the payment of the principal of and interest on bonds, replacement expenses and other costs of issuing bonds;
Amending any resolution or other instrument authorizing the issuance of, or otherwise relating to, bonds for the water project; and
Short-term financing,

Ê and the expense of operation and maintenance of the water project.

(Added to NRS by 1987, 2273 )

NRS 350.370

NRS

350.370

Additional powers of municipality under

NRS 350.350

350.490

, inclusive.

In addition to the powers which it may now have, any municipality shall, subject to the limitation stated in this section, have power under NRS 350.350 to 350.490 , inclusive:

To acquire by gift, purchase or the exercise of the right of eminent domain, to construct, to reconstruct, to improve, to better and to extend any undertaking, wholly within or wholly without the municipality, or partially within and partially without the municipality, and to acquire by gift, purchase or the exercise of the right of eminent domain, lands, easements, rights in lands and water rights in connection therewith.
To operate and maintain any undertaking for its own use and for the use of public and private consumers, and users within and without the territorial boundaries of the municipality.
To prescribe, revise and collect rates, fees, tolls or charges for the services, facilities or commodities furnished by such undertaking, and, in anticipation of the collection of the revenues of such undertaking, to issue revenue bonds to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of any undertaking.
To pledge to the punctual payment of the bonds and interest thereon all or any part of the revenues of such undertaking (including the revenues of improvements, betterments or extension thereto thereafter constructed or acquired, as well as the revenues of existing systems, plants, works, instrumentalities and properties of the undertaking so improved, bettered or extended) or of any part of such undertaking.
When determined by its governing body to be in the public interest and necessary for the protection of the public health, to enter into and perform contracts, whether long-term or short-term, with any industrial or mining establishment for the provision and operation by the municipality of sewage facilities to abate or reduce the pollution of water caused by discharges of industrial or mining waste by the industrial or mining establishment and the payment periodically by the industrial or mining establishment to the municipality of amounts at least sufficient, in the determination of such governing body, to compensate the municipality for the cost of providing (including payment of principal and interest charges, if any) and of operating and maintaining the sewerage facilities serving such industrial or mining establishment.
Notwithstanding any provision of NRS 350.350 to 350.490 , inclusive, to the contrary or in conflict herewith, to accept contributions or loans from the United States of America or any department, instrumentality or agency thereof, for the purpose of financing or aiding in financing the cost of preliminary investigations and studies, surveys, plans and specifications, procedures and other action preliminary to construction, and the construction, maintenance and operation of any undertaking.
To make all contracts, execute all instruments and do all things necessary or convenient in the exercise of the powers herein granted or in the performance of its covenants or duties or in order to secure the payment of its bonds; provided:

(a) No encumbrance, mortgage or other pledge of property of the municipality is created thereby;

(b) No property of the municipality is liable to be forfeited or taken in payment of the bonds; and

[3:109:1937; A 1949, 205 ; 1943 NCL § 1397.03]

NRS 350.516

NRS

350.516

Cost of any project defined.

Cost of any project, or any phrase of similar import, means all or any part designated by the governing body of the cost of any project, or interest therein, which cost, at the option of the governing body, may include all or any part of the incidental costs pertaining to the project, including, without limitation:

Preliminary expenses advanced by the municipality from money available for use therefor, or advanced by the Federal Government, or from any other source, with the approval of the governing body or any board or other agency of the municipality responsible for the project or defraying the cost thereof, or any combination thereof;
The costs in the making of surveys, audits, preliminary plans, other plans, specifications, estimates of costs and other preliminaries;
The costs of premiums on builders risk insurance and performance bonds, or a reasonably allocable share thereof;
The costs of appraising, printing, estimates, advice, services of engineers, architects, financial consultants, attorneys at law, clerical help or other agents or employees;
The costs of making, publishing, posting, mailing and otherwise giving any notice in connection with a project, the filing or recordation of instruments, the taking of options, the issuance of bonds and other securities, and bank fees and expenses;
The costs of contingencies;
The costs of the capitalization with proceeds of bonds or other securities issued hereunder of any operation and maintenance expenses appertaining to any facilities to be acquired as a project and of any interest on bonds or other securities for any period not exceeding the period estimated by the governing body to effect the project plus 1 year, of any discount on bonds or other securities, and of any reserves for the payment of the principal of and interest on the bonds or other securities, of any replacement expenses, and of any other cost of issuance of the bonds or other securities;
The costs of amending any ordinance, resolution or other instrument authorizing the issuance of or otherwise appertaining to outstanding bonds or other securities of the municipality;
The costs of funding any medium-term obligations, construction loans and other temporary loans of not exceeding 10 years appertaining to a project and of the incidental expenses incurred in connection with such loans;
The costs of any properties, rights, easements or other interests in properties, or any licenses, privileges, agreements, and franchises;
The costs of demolishing, removing or relocating any buildings, structures or other facilities on land acquired for any project, and of acquiring lands to which such buildings, structures or other facilities may be moved or relocated; and
All other expenses necessary or desirable and appertaining to a project, as estimated or otherwise ascertained by the governing body.

(Added to NRS by 1967, 422 ; A 1975, 865 ; 1989, 53 ; 1997, 553 )

NRS 361.227

NRS

361.227

Determination of taxable value.

Any person determining the taxable value of real property shall appraise:

(a) The full cash value of:

(1) Vacant land by considering the uses to which it may lawfully be put, any legal or physical restrictions upon those uses, the character of the terrain, and the uses of other land in the vicinity.

(2) Improved land consistently with the use to which the improvements are being put.

(b) Any improvements made on the land by subtracting from the cost of replacement of the improvements all applicable depreciation and obsolescence. Depreciation of an improvement made on real property must be calculated at 1.5 percent of the cost of replacement for each year of adjusted actual age of the improvement, up to a maximum of 50 years.

The unit of appraisal must be a single parcel unless:

(a) The location of the improvements causes two or more parcels to function as a single parcel;

(b) The parcel is one of a group of contiguous parcels which qualifies for valuation as a subdivision pursuant to the regulations of the Nevada Tax Commission; or

(c) In the professional judgment of the person determining the taxable value, the parcel is one of a group of parcels which should be valued as a collective unit.

The taxable value of a leasehold interest, possessory interest, beneficial interest or beneficial use for the purpose of NRS 361.157 or 361.159 must be determined in the same manner as the taxable value of the property would otherwise be determined if the lessee or user of the property was the owner of the property and it was not exempt from taxation, except that the taxable value so determined must be reduced by a percentage of the taxable value that is equal to the:

(a) Percentage of the property that is not actually leased by the lessee or used by the user during the fiscal year; and

(b) Percentage of time that the property is not actually leased by the lessee or used by the user during the fiscal year, which must be determined in accordance with NRS 361.2275 .

The taxable value of other taxable personal property, except a mobile or manufactured home, must be determined by subtracting from the cost of replacement of the property all applicable depreciation and obsolescence. Depreciation of a billboard must be calculated at 1.5 percent of the cost of replacement for each year after the year of acquisition of the billboard, up to a maximum of 50 years.
The computed taxable value of any property must not exceed its full cash value. Each person determining the taxable value of property shall reduce it if necessary to comply with this requirement. A person determining whether taxable value exceeds that full cash value or whether obsolescence is a factor in valuation may consider:

(a) Comparative sales, based on prices actually paid in market transactions.

(b) A summation of the estimated full cash value of the land and contributory value of the improvements.

(c) Capitalization of the fair economic income expectancy or fair economic rent, or an analysis of the discounted cash flow.

Ê A county assessor is required to make the reduction prescribed in this subsection if the owner calls to his or her attention the facts warranting it, if the county assessor discovers those facts during physical reappraisal of the property or if the county assessor is otherwise aware of those facts.

The Nevada Tax Commission shall, by regulation, establish:

(a) Standards for determining the cost of replacement of improvements of various kinds.

(b) Standards for determining the cost of replacement of personal property of various kinds. The standards must include a separate index of factors for application to the acquisition cost of a billboard to determine its replacement cost.

(d) Criteria for the valuation of two or more parcels as a subdivision.

In determining, for the purpose of computing taxable value, the cost of replacement of:

(a) Any personal property, the cost of all improvements of the personal property, including any additions to or renovations of the personal property, but excluding routine maintenance and repairs, must be added to the cost of acquisition of the personal property.

(b) An improvement made on land, a county assessor may use any final representations of the improvement prepared by the architect or builder of the improvement, including, without limitation, any final building plans, drawings, sketches and surveys, and any specifications included in such representations, as a basis for establishing any relevant measurements of size or quantity.

The county assessor shall, upon the request of the owner, furnish within 15 days to the owner a copy of the most recent appraisal of the property, including, without limitation, copies of any sales data, materials presented on appeal to the county board of equalization or State Board of Equalization and other materials used to determine or defend the taxable value of the property.
The provisions of this section do not apply to property which is assessed pursuant to NRS 361.320 .

(Added to NRS by 1965, 1445 ; A 1969, 1451 ; 1975, 65 , 1656 ;

1977, 1318 ; 1979, 79 ; 1981, 788 , 789 ;

1983, 1047 , 1884 ,

1885 ;

1987, 2075 ; 1989, 668 , 1818 ;

1993, 2312 ; 1997, 1111 ; 1999, 1029 ; 2001, 842 ; 2003, 2758 ; 2009, 1216 ; 2013, 3116 )

NRS 369.150

NRS

369.150

Administration of chapter; duties of Department of Taxation.

The Department is charged with the duty of administering the provisions of this chapter.
The Department shall:

(a) Prescribe and cause to be printed and issued free of charge all forms for applications and reports.

(b) Except as otherwise provided in NRS 369.430 , issue free of charge all certificates and permits.

(c) Adopt and enforce all rules, regulations and standards necessary or convenient to carry out the provisions of this chapter.

(d) Adopt regulations to carry out the provisions of NRS 369.462 to 369.468 , inclusive, 369.486 and 369.488 .

(e) Adopt and enforce all rules, regulations and standards necessary or convenient to monitor or survey the quantity of malt beverages manufactured by a brew pub within a calendar year for compliance with

NRS 597.230 .

[Part 22:160:1935; A 1945, 371 ; 1943 NCL § 3690.22] + [Part 24:160:1935; A 1945, 371 ; 1943 NCL § 3690.24]—(NRS A 1959, 561 ; 1975, 1704 ; 1995, 1041 ; 1999, 2104 ; 2017, 2583 )

NRS 37.050

NRS

37.050

Location of and entry upon land; damages.

If land is required for public use, the person, corporation or partnership or its agents in charge of the use may survey and locate it. The land must be located in the manner most compatible with the greatest public good and the least private injury, and subject to this chapter. The person, corporation or partnership or its agents may, with the consent of the owner or under a court order entered pursuant to subsection 2, enter upon the land and make examinations, surveys and maps thereof, including soil investigations, test borings and the appraisal and valuation of the land and any improvements thereon.
If the owner or occupant of the land fails or refuses to permit entry on the land for the purposes set forth in subsection 1, the person, corporation or partnership may petition the district court of the county in which the land is situated for an order permitting entry on the land for those purposes. If the court ascertains, by affidavit or otherwise, that the person, corporation or partnership in good faith desires to enter the land for those purposes, the court shall grant an order permitting that entry, conditioned upon the examination being made at reasonable times and in such a manner as to cause the least inconvenience to the owner or occupant of the land.
Entry upon land pursuant to this section does not give rise to any cause of action in favor of the owner or occupant of the land, except for actual damages sustained to the land or any improvements thereon and all injuries resulting from negligence, wantonness or malice.

[1911 CPA § 668; RL § 5610; NCL § 9157]—(NRS A 1977, 235 ; 1989, 548 ; 1995, 502 )

PROCEEDINGS

NRS 370.374

NRS

370.374

Meeting lawful price of competitor.

A wholesale dealer may advertise, offer to sell or sell cigarettes at a price made in good faith to meet the lawful price of a competitor who is rendering the same type of service and is selling the same article at cost to him or her as a wholesale dealer.
The price of cigarettes advertised, offered for sale or sold under an exception specified in NRS 370.3735 or at a bankruptcy sale is not the price of a competitor for the purposes of this section.
In the absence of proof of the price of a competitor, the lowest cost to the wholesale dealer determined by a survey of costs that is made in accordance with recognized statistical and cost-accounting practices for a trade area shall be deemed the price of a competitor.

(Added to NRS by 1989, 1516 ; A 1993, 2475 )

NRS 373.024

NRS

373.024

Cost of the project defined.

Cost of the project, or any phrase of similar import, means all or any part designated by the board or, in the case of a project financed with bonds or other securities issued by a commission, the commission, of the cost of any project, or interest therein, being acquired, which cost, at the option of the board or, in the case of a project financed with bonds or other securities issued by a commission, the commission, may include all or any part of the incidental costs pertaining to the project, including, without limitation, preliminary expenses advanced by the county or, in the case of a project financed with bonds or other securities issued by a commission, the commission, from money available for use therefor or any other source, or advanced by any city with the approval of the county from money available therefor or from any other source, or advanced by the State of Nevada or the Federal Government, or any corporation, agency or instrumentality thereof, with the approval of the county, or any combination thereof, in the making of surveys, preliminary plans, estimates of costs, other preliminaries, the costs of appraising, printing, estimates, advice, contracting for the services of engineers, architects, financial consultants, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the project, the taking of options, the issuance of bonds and other securities, contingencies, the capitalization with bond proceeds of any interest on the bonds for any period not exceeding 1 year and of any reserves for the payment of the principal of an interest on the bonds, the filing or recordation of instruments, the costs of medium-term obligations, construction loans and other temporary loans of not exceeding 10 years appertaining to the project and of the incidental expenses incurred in connection with such financing or loans, and all other expenses necessary or desirable and appertaining to any project, as estimated or otherwise ascertained by the board or, in the case of a project financed with bonds or other securities issued by a commission, the commission.

(Added to NRS by 1997, 2968 ; A 2011, 3318 )

NRS 378.255

NRS

378.255

Management and retention of records; provision of microfilming and digital imaging services; inspection of confidential or privileged governmental records; recovery of records.

The State Library, Archives and Public Records Administrator may:

Adopt regulations and establish standards, procedures and techniques for the effective management of records.
Make continuing surveys of current practices for the management of records and recommend improvements in those practices, including the use of space, equipment and supplies to create, maintain and store records.
Establish standards for the preparation of schedules providing for the retention of state records of continuing value and for the prompt and orderly disposition of state records which no longer possess sufficient administrative, fiscal, legal or research value to warrant their further retention.
Establish, maintain and operate a center for storing and retrieving records for state agencies pending the acceptance of the records by the Division or the disposition of the records in any other manner prescribed by law.
Establish a program for providing microfilming and digital imaging services for the records of the Legislative and Judicial Branches of State Government, upon request.
Establish a program of planning and preparation to assist state agencies and local governments in providing protection for records essential for the continuation or re-establishment of government in the event of a disaster.
Provide advice and technical assistance to state agencies, local governmental agencies and, if requested, the Legislative and Judicial Branches of State Government concerning any aspect of managing records.
Through the Division, inspect the physical nature of, and information contained in, governmental records in the custody of a state or local governmental agency which are not confidential or privileged.
Through the Division, inspect the physical nature of, and information contained in, confidential or privileged governmental records in the custody of a state or local governmental agency if the inspection is necessary to carry out the provisions of subsection 3, 5, 6 or 7 and if the inspection is not prohibited by any federal law or regulation. Inspections must be logged as required pursuant to NRS 239C.230 . The Division shall not disclose any confidential or privileged information in governmental records inspected pursuant to this subsection, and such inspection does not alter, affect, abrogate or waive the confidential or privileged status of the information.
With the approval of the Committee to Approve Schedules for the Retention and Disposition of Official State Records created pursuant to NRS 239.073 , bring an action to obtain possession of the records of a state or local governmental agency which are:

(a) Of historical value and are not being properly cared for; or

(b) Privately held.

Ê In an action to recover a record which is privately held, it is rebuttably presumed that a governmental record which appears to be the original of a document received or the file copy of a document made by a governmental agency is governmental property.

(Added to NRS by 1983, 1301 ; A 1997, 3144 ; 2013, 54 )

NRS 383.021

NRS

383.021

Office of Historic Preservation: Creation; duties; inclusion of Comstock Historic District Commission.

The Office of Historic Preservation is hereby created.
The Office shall:

(a) Encourage, plan and coordinate historic preservation and archeological activities within the State, including programs to survey, record, study and preserve or salvage cultural resources.

(b) Carry out the provisions of NRS 383.440 .

(d) Designate repositories for the materials that comprise the inventory.

(e) Provide staff assistance to the Commission.

(f) Assist the State Public Works Division of the Department of Administration in conducting the evaluation required by NRS 701B.925 with respect to a building that is at least 50 years old, including, without limitation, making a recommendation regarding the use of an alternative to window replacement based upon whether the use of the alternative is consistent with the goal of historic preservation.

An Indian tribe may be designated as a repository to receive prehistoric native Indian human remains or funerary objects pursuant to paragraph (d) of subsection 2 if agreed to by the Indian tribe.
The Comstock Historic District Commission is within the Office.

(Added to NRS by 1977, 1357 ; A 1985, 716 ; 1989, 504 ; 1993, 1592 ; 2005, 1576 ; 2011, 2981 ; 2015, 73 ; 2017, 1436 , 3543 )

NRS 387.116

NRS

387.116

Limitation on use of money received as reimbursement for breakfast served under Program.

Except as otherwise provided in subsection 2, any federal or state money received by a public school or school district as reimbursement for breakfast served under the Program must be used only for the food served and operations directly incidental to the provision of breakfast.
A public school that receives money pursuant to NRS 387.1155 may use the money for the following purposes with respect to the implementation and operation of the Program:

(a) Training school employees.

(b) Any additional costs of labor.

(d) To conduct surveys designed to market the Program to pupils and the families of pupils and to receive feedback on proposed breakfast menu items.

(Added to NRS by 2015, 3854 )

NRS 387.12463

NRS

387.12463

Commission on School Funding: Duties; receipt of quarterly report; remedial actions based on contents of report; recommendations.

The Commission shall:

(a) Provide guidance to school districts and the Department on the implementation of the Pupil-Centered Funding Plan.

(b) Monitor the implementation of the Pupil-Centered Funding Plan and make any recommendations to the Joint Interim Standing Committee on Education that the Commission determines would, within the limits of appropriated funding, improve the implementation of the Pupil-Centered Funding Plan or correct any deficiencies of the Department or any school district or public school in carrying out the Pupil-Centered Funding Plan.

(c) Review the statewide base per pupil funding amount, the adjusted base per pupil funding for each school district and the multiplier for weighted funding for each category of pupils appropriated by law pursuant to NRS 387.1214 for each biennium and recommend any revisions the Commission determines to be appropriate to create an optimal level of funding for the public schools in this State, including, without limitation, by recommending the creation or elimination of one or more categories of pupils to receive additional weighted funding. If the Commission makes a recommendation pursuant to this paragraph which would require more money to implement than was appropriated from the State Education Fund in the immediately preceding biennium, the Commission shall also identify a method to fully fund the recommendation within 10 years after the date of the recommendation.

(d) Review the laws and regulations of this State relating to education, make recommendations to the Joint Interim Standing Committee on Education for any revision of such laws and regulations that the Commission determines would improve the efficiency or effectiveness of public education in this State and notify each school district of each such recommendation.

(e) Review and recommend to the Department revisions of the cost adjustment factors for each county established pursuant to NRS 387.1215 and the method for calculating the attendance area adjustment established pursuant to NRS 387.1218 .

(f) Review the academic progress made by pupils in each public school since the implementation of the Pupil-Centered Funding Plan, including, without limitation, any changes to the academic progress of such pupils as the result of any additional money provided to each such school by the Pupil-Centered Funding Plan. In performing such a review, the Commission shall:

(1) Use metrics to measure the academic achievement of pupils which include, without limitation:

(I) The rate of graduation of pupils from high school by type of diploma;

(II) The performance of pupils on

standardized examinations in math, reading and science;

(III) The number of credentials or other certifications in fields of career and technical education earned by pupils;

(IV) The number of pupils who earn a passing score on an advanced placement examination;

(V) The number of pupils who earn a passing score on an international baccalaureate examination;

(VI) The percentage of pupils in each school who lack a sufficient number of credits to graduate by the end of their 12th grade year;

(VII) The percentage of pupils in each school who drop out;

(VIII) The number of pupils who enroll in higher education upon graduation;

(IX) The number of pupils who enroll in a vocational or technical school or apprenticeship training program;

(X) The attendance rate for pupils;

(XI) The number of violent acts by pupils and disciplinary actions against pupils; and

(XII) Any other metric prescribed by the Commission;

(2) Use metrics to measure the improvement of pupils enrolled in elementary school in literacy which include, without limitation:

(I) The literacy rate for pupils in the first, third and fifth grades;

(II) The number of pupils in elementary school who were promoted to the next grade after testing below proficient in reading in the immediately preceding school year, separated by grade level and by level of performance on the relevant test;

(III) The number of schools that employ a licensed teacher designated to serve as a literacy specialist pursuant to NRS 388.159 and the number of schools that fail to employ and designate such a licensed teacher; and

(IV) Any other metric prescribed by the Commission;

(3) Use metrics to measure the ability of public schools to hire and retain sufficient staff to meet the needs of the public schools which include, without limitation:

(I) The rate of vacancies in positions for teachers, support staff and administrators;

(II) The attendance rate for teachers;

(III) The retention rate for teachers;

(IV) The number of schools and classrooms within each school in which the number of pupils in attendance exceeds the designed capacity for the school or classroom;

(V) The number of classes taught by a substitute teacher for more than 25 percent of the school year; and

(VI) Any other metric prescribed by the Commission;

(4) Use metrics to measure the extent to which schools meet the needs and expectations of pupils, parents or legal guardians of pupils, teachers and administrators which include, without limitation:

(I) The results of an annual survey of satisfaction of school employees;

(II) The results of an annual survey of satisfaction of pupils, parents or legal guardians of pupils and graduates; and

(III) Any other metric prescribed by the Commission;

(5) Identify the progress made by each school, school district and charter school on improving the literacy of pupils enrolled in elementary school;

(6) Make recommendations for strategies to increase the efficacy, efficiency, transparency and accountability of public schools; and

(7) Make recommendations to the Department, school districts and charter schools to improve the reporting, tracking, monitoring, analyzing and dissemination of data relating to pupil achievement and financial accountability, including, without limitation, revisions to the metrics identified in subparagraphs (1) to (4), inclusive.

(g) Review and consider strategies to improve the accessibility of existing and new programs for pupils within and between public schools, including, without limitation, open zoning.

Each school district and each charter school shall submit a quarterly report to the Commission that identifies how funding from the Pupil-Centered Funding Plan is being used to improve the academic performance and progress of pupils and includes, without limitation, all data or metrics collected by the school district or charter school to demonstrate such improvement. The Commission shall review the reports submitted pursuant to this subsection and transmit the reports, along with any commentary or recommendations relating to the reports, to the Governor, the Director of the Legislative Counsel Bureau, the Joint Interim Standing Committee on Education and the Interim Finance Committee.
After receiving the reports submitted to the Commission pursuant to subsection 2, the Governor may, with the approval of the Legislature or Interim Finance Committee if the Legislature is not in session, direct a school district or charter school to take such remedial actions as the Governor determines to be necessary and appropriate to address any deficiency identified in the reports submitted pursuant to subsection 2.
The Commission shall:

(a) Present any recommendations pursuant to paragraphs (a) to (g), inclusive, of subsection 1 at a meeting of the Joint Interim Standing Committee on Education for consideration and recommendations by the Committee; and

(b) After consideration of the recommendations of the Joint Interim Standing Committee on Education, transmit the recommendations or a revised version of the recommendations to the Governor and the Director of the Legislative Counsel Bureau for distribution to the Legislature.

(Added to NRS by 2019, 4207 ; A 2021, 1119 , 2530 ,

2929 ;

2023, 2172 , 2387 )

NRS 387.622

NRS

387.622

Financial management principles and areas for review; additional review by consultant authorized.

Each school district selected for a review must be evaluated to determine whether the school district is successfully carrying out the following financial management principles:

(a) Establishes and carries out policies, procedures and internal controls to process business transactions efficiently;

(b) Uses cost-efficient measures to assess operations on a regular basis;

(d) Maximizes the efficiency of money expended for public schools and ensures that resources are safeguarded;

(e) Structures its organization and staff in a manner that provides efficiency and excellence in the delivery of a public education;

(f) Establishes benchmarks for productivity and performance;

(g) Makes financial planning and budgeting decisions in a manner that is linked to the priorities of the school district, including, without limitation, the performance of pupils;

(h) Uses options for financing debt in a manner that provides for maximum efficiency;

(i) Invests proceeds from bonds and operating resources to earn an appropriate and comparable rate of return; and

(j) Uses debt management and investment policies in a manner that is representative of current market and risk profiles.

Each school district selected for a review must be evaluated based upon the management principles set forth in subsection 1 in each of the following areas:

(a) Financial management;

(b) Facilities management, including, without limitation, the plan for funding the rebuilding of older schools and the programs of preventative maintenance;

(d) District organization, including, without limitation, an evaluation of the efficiency and cost-effectiveness of the management structure of the school district to identify possible measures for cost-savings;

(e) Employee health plans and health plans for retired employees;

(f) Transportation, including, without limitation, an evaluation of whether the school district ensures the safe and efficient transportation of pupils;

(g) Alignment with the needs and expectations of the public, including, without limitation, surveys of the residents of the community;

(h) Effective delivery of educational services and programs; and

(i) Any other area that, in the professional judgment and expertise of the consultant, warrants a review based upon the management principles.

In addition to the areas required to be reviewed pursuant to subsection 2, if a particular school within a school district that is selected for a review receives a sum of money for the purpose of providing education to pupils and the specific use of that money is otherwise within the sole discretion of the school, the consultant may:

(a) Review the manner by which decisions were made concerning the use of that money;

(b) Review the use of that money by the school; and

Ê The consultant shall limit the scope of his or her review pursuant to this subsection to that particular sum of money and is not authorized to review all accounts and funds at a particular school.

(Added to NRS by 2005, 2441 )

NRS 39.130

NRS

39.130

Partition in accordance with rights of parties.

In making the partition, the master or the court shall divide the property and allot the several portions thereof to the respective parties, quality and quantity relatively considered, according to the respective rights of the parties, as determined by the court, designating the several portions by proper landmarks, and may employ a surveyor with the necessary assistants to aid in the division.

[1911 CPA § 597; RL § 5539; NCL § 9086]—(NRS A 1985, 772 )

NRS 39.170

NRS

39.170

Apportionment of expenses.

If it appear that other actions or proceedings have been necessarily prosecuted or defended by any one of the tenants in common for the protection, confirmation or perfecting of the title, or setting the boundaries, or making a survey or surveys of the estate partitioned, the court shall allow to the parties to the action, who have paid the expenses of such litigation or other proceedings, all the expenses necessarily incurred therein, except counsel fees, which shall have accrued to the common benefit of the other tenants in common, with interest thereon from the date of making the expenditures, and in the same kind of money expended or paid, and the same must be pleaded and allowed by the court, and included in the final judgment, and shall be a lien upon the share of each tenant respectively, in proportion to the tenants interest, and shall be enforced in the same manner as taxable costs of partition are taxed and collected.

[1911 CPA § 601; RL § 5543; NCL § 9090]

NRS 39.570

NRS

39.570

Expenses of master and others apportioned among parties.

The expenses of the master and those of a surveyor and the surveyors assistant, when employed, must be ascertained and allowed by the court, and the amount thereof, together with the fees allowed by law to the master, must be apportioned among the different parties to the action.

[1911 CPA § 641; RL § 5583; NCL § 9130]—(NRS A 1985, 776 )

HEIRS PROPERTY (UNIFORM ACT)

NRS 391.717

NRS

391.717

At-will employment of principal; resumption of at-will status following probationary period under certain circumstances; nonrenewal of contract.

During the first 3 years of his or her employment by a school district in the position of principal, a principal is employed at will in that position. A principal who is reassigned pursuant to this subsection is entitled to a written statement of the reason for the reassignment. If the principal was previously employed by the school district in another position and is reassigned pursuant to this section, the principal is entitled to be assigned to his or her former position at the rate of compensation provided for that position.
A principal who completes the probationary period set forth in NRS 391.820

in the position of principal is again employed at will if, in each of 2 consecutive school years:

(a) The rating of the school to which the principal is assigned, as determined by the Department pursuant to the statewide system of accountability for public schools, is reduced by one or more levels or remains at the lowest level possible; and

(b) Fifty percent or more of the teachers assigned to the school request a transfer to another school.

If the events described in paragraphs (a) and (b) of subsection 2 occur with respect to a school for any school year:

(a) The school associate superintendent or other administrator of the school district who oversees the school must provide mentoring to the principal of the school; and

(b) The school district shall conduct a survey of the teachers assigned to the school to evaluate conditions at the school and the reasons given by teachers who requested a transfer to another school. The results of the survey do not affect the employment status of the principal of the school.

A principal described in subsection 2 is subject to nonrenewal of his or her contract on recommendation of the superintendent. If the contract of the principal is not renewed pursuant to this subsection and the principal was previously employed by the school district in another position, the principal is entitled to be assigned to his or her former position at the rate of compensation provided for that position.

(Added to NRS by 2023, 946 )

NRS 392.029

NRS

392.029

Compliance with federal law governing access and confidentiality of education records and elicitation of information concerning pupils; written notice of rights to adult pupils and parents and guardians required; provision of education records upon request of agency which provides child welfare services; penalty.

If a parent or legal guardian of a pupil requests the education records of the pupil, a public school shall comply with the provisions of 20 U.S.C. § 1232g(a) and 34 C.F.R. Part 99.
If a parent or legal guardian of a pupil reviews the education records of the pupil and requests an amendment or other change to the education records, a public school shall comply with the provisions of 20 U.S.C. § 1232g(a) and 34 C.F.R. Part 99.
Except as otherwise provided in 20 U.S.C. § 1232g(b), a public school shall not release the education records of a pupil to a person, agency or organization without the written consent of the parent or legal guardian of the pupil.
If a public school administers a program which includes a survey, analysis or evaluation that is designed to elicit the information described in 20 U.S.C. § 1232h, it must comply with the provisions of that section.
A right accorded to a parent or legal guardian of a pupil pursuant to the provisions of this section devolves upon the pupil on the date on which the pupil attains the age of 18 years.
A public school shall, at least annually, provide to each pupil who is at least 18 years of age and to a parent or legal guardian of each pupil who is not at least 18 years of age, written notice of his or her rights pursuant to this section.
The provisions of this section:

(a) Are intended to ensure that each public school complies with the provisions of 20 U.S.C. §§ 1232g and 1232h;

(b) Must, to the extent possible, be construed in a manner that is consistent with 20 U.S.C. §§ 1232g and 1232h, and the regulations adopted pursuant thereto;

(d) Do not impair any right, obligation or prohibition established pursuant to chapter 432B

of NRS.

The State Board may adopt such regulations as are necessary to ensure that public schools comply with the provisions of this section.
Upon receiving a request for education records pursuant to NRS 432.028 , a public school or school district shall, within 10 school days or by the date of a scheduled court hearing which affects the child, whichever is earlier, provide the requested education records to the person who made the request. The board of trustees of a school district or the governing body of a charter school, as applicable, may be joined as a party in a proceeding concerning the protection of a child pursuant to NRS 432B.4655 for failure to comply with the requirements of this subsection.
As used in this section, education records has the meaning ascribed to it in 20 U.S.C. § 1232g(a)(4).

(Added to NRS by 1997, 2528 ; A 2017, 391 )

NRS 392.422

NRS

392.422

Participation of certain public schools in biennial survey for Youth Risk Behavior Surveillance System; exception; notice; consent.

Except as otherwise provided in subsection 2, the board of trustees of each school district and the governing body of each charter school that operates a middle school, junior high school or high school shall ensure that the school district or charter school, as applicable, participates in the biennial survey administered pursuant to the Youth Risk Behavior Surveillance System developed by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services, or any equivalent or successor system developed by the Centers for Disease Control and Prevention.
A public school shall not administer the survey described in subsection 1 to a pupil if:

(a) The pupil is an unemancipated minor and the parent or guardian of the pupil has refused to consent to the administration of the survey pursuant to subsection 5; or

(b) The pupil has refused to participate in the survey pursuant to subsection 5.

The board of trustees of a school district or the governing body of a charter school that operates as a middle school, junior high school or high school shall ensure that a form is provided to the parent or guardian of each pupil to whom the survey described in subsection 1 will be administered that allows the parent or guardian to refuse consent to the administration of the survey to the pupil.
Before the administration of the survey described in subsection 1 to a pupil, the board of trustees of a school district or the governing body of a charter school shall provide the parent or guardian of the pupil or, if the pupil is an emancipated minor or is at least 18 years of age, the pupil, with an opportunity to review the survey and written notice of:

(a) The manner in which the survey will be administered;

(b) The manner in which the results of the survey will be used; and

At any time:

(a) The parent or guardian of a pupil who is an unemancipated minor may refuse to provide consent to the administration of the survey described in subsection 1 by completing and submitting the form described in subsection 3, or any other written refusal of consent, to the principal or other person in charge of the public school in which the pupil is enrolled.

(b) A pupil may refuse to participate in the survey.

(Added to NRS by 2021, 2819 )

NRS 393.045

NRS

393.045

Confidentiality of blueprint of public school; conditions under which disclosure authorized.

Except as otherwise provided in NRS 239.0115 , a blueprint of a public school, including, without limitation, a charter school or university school for profoundly gifted pupils, or any revision thereto, is confidential and:

(a) Must be disclosed in its most current version to a public safety agency upon its request.

(b) May be disclosed, upon request, to:

(1) An architect registered pursuant to chapter 623 of NRS, a landscape architect registered pursuant to chapter 623A of NRS, a contractor licensed pursuant to chapter 624

of NRS, a professional engineer or professional land surveyor licensed pursuant to chapter 625 of NRS or a designated employee of any such architect, landscape architect, contractor, professional engineer or professional land surveyor who uses the blueprint in his or her professional capacity for a purpose related to the public school; or

(2) Any other person or governmental entity if necessary for a purpose related to the public school.

A person or governmental entity to which a blueprint is disclosed pursuant to this section shall not disclose the blueprint except pursuant to the provisions of NRS 239.0115 .
As used in this section, public safety agency means:

(a) A public fire department, fire protection district or other agency of this State or a political subdivision of this State, the primary functions of which are to prevent, control, extinguish or suppress fires;

(b) A law enforcement agency as defined in NRS 277.035 ; or

(Added to NRS by 2019, 1062 )

NRS 394.465

NRS

394.465

Background investigation of certain applicants for employment with postsecondary educational institution; confidentiality of results; payment of cost by applicant; exception to requirements for certain applicants.

Except as otherwise provided in subsection 6, before a postsecondary educational institution employs or contracts with a person:

(a) To occupy an instructional position;

(b) To occupy an administrative or financial position, including a position as school director, personnel officer, counselor, admission representative, solicitor, canvasser, surveyor, financial aid officer or any similar position; or

Ê the applicant must submit to the Administrator the information set forth in subsection 2.

The applicant must submit to the Administrator:

(a) A complete set of fingerprints taken by a law enforcement agency and written permission authorizing the Administrator to submit the applicants fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicants background and to such other law enforcement agencies as the Administrator deems necessary; or

(b) Written verification, on a form prescribed by the Administrator, stating that the fingerprints of the applicant were taken and directly forwarded electronically or by another means to the Central Repository and that the applicant has given written permission to the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for submission to the Federal Bureau of Investigation for a report on the applicants background and to such other law enforcement agencies as the Administrator deems necessary.

The Administrator may:

(a) Unless the applicants fingerprints are directly forwarded pursuant to paragraph (b) of subsection 2, submit those fingerprints to the Central Repository for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Administrator deems necessary; and

(b) Request from each such agency any information regarding the applicants background as the Administrator deems necessary.

Except as otherwise provided in NRS 239.0115 , the Administrator shall keep the results of the investigation confidential.
The applicant shall pay the cost of the investigation.
An applicant is not required to satisfy the requirements of this section if the applicant:

(a) Is licensed by the Superintendent of Public Instruction;

(b) Is an employee of the United States Department of Defense;

(c) Is a member of the faculty of an accredited postsecondary educational institution in another state who is domiciled in a state other than Nevada and is present in Nevada for a temporary period to teach at a branch of that accredited institution;

(d) Is an instructor who provides instruction from a location outside this State through a program of distance education for a postsecondary educational institution licensed by the Commission who previously underwent an investigation of his or her background and the Administrator determines that an additional investigation is not necessary; or

(e) Has satisfied the requirements of subsection 1 within the immediately preceding 5 years.

As used in this section, distance education means instruction delivered by means of video, computer, television, or the Internet or other electronic means of communication, or any combination thereof, in such a manner that the person supervising or providing the instruction and the student receiving the instruction are separated geographically.

(Added to NRS by 1985, 987 ; A 1987, 409 , 1013 ,

1441 ;

1989, 1463 ; 1997, 3228 ; 2003, 2850 ; 2007, 2101 ; 2011, 1911 )

NRS 396.141

NRS

396.141

Task Force on Power-Based Violence at Institutions of Higher Education: Creation; members; meetings.

There is hereby created the Task Force on Power-Based Violence at Institutions of Higher Education consisting of 16 members as follows:

(a) The Chancellor of the System, or his or her designee;

(b) The Chief General Counsel of the System, or his or her designee; and

(1) One representative of a state college;

(2) One representative of a community college;

(3) One representative of a university;

(4) One Title IX coordinator from an institution within the System;

(5) One student, appointed in consultation with the Nevada Student Alliance or its successor organization, who represents a group or organization that focuses on multiculturalism, diversity or advocacy at a state college or community college;

(6) One student, appointed in consultation with the Nevada Student Alliance or its successor organization, who represents a group or organization that focuses on multiculturalism, diversity or advocacy at a university;

(7) One researcher with experience in the development of climate surveys on power-based violence;

(8) One researcher of statistics, data analytics or econometrics with experience in survey analysis in higher education;

(9) One medical professional from the University of Nevada, Las Vegas, School of Medicine or the University of Nevada, Reno, School of Medicine;

(10) Two members who serve as a victims advocate, as defined in NRS 49.2545 , at an institution within the System;

(11) One student who identifies as a victim of power-based violence;

(12) One person who represents an organization governing fraternities and sororities at an institution within the System; and

(13) One person who is employed by an institution within the System in the area of student affairs.

After the initial terms, each appointed member of the Task Force serves a term of 2 years and may be reappointed to one additional 2-year term following his or her initial term. A vacancy must be filled in the same manner as the original appointment.
The Task Force shall, at its first meeting and each odd-numbered year thereafter, elect a Chair from among its members.
The Task Force shall meet at least once each quarter and may meet at other times upon the call of the Chair or a majority of the members of the Task Force.
A majority of the members of the Task Force constitutes a quorum, and a quorum may exercise all the power and authority conferred on the Task Force.
Members of the Task Force serve without compensation, except that for each day or portion of a day during which a member of the Task Force attends a meeting of the Task Force or is otherwise engaged in the business of the Task Force, and within the limits of available money, the member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
Each member of the Task Force who is an officer or employee of the State or a local government must be relieved from his or her duties without loss of his or her regular compensation so that the member may prepare for and attend meetings of the Task Force and perform any work necessary to carry out the duties of the Task Force in the most timely manner practicable. A state agency or local government shall not require an officer or employee who is a member of the Task Force to make up the time the member is absent from work to carry out his or her duties as a member, and shall not require the member to take annual vacation or compensatory time for the absence.

(Added to NRS by 2021, 3670 ; A 2023, 3150 )

NRS 396.1415

NRS

396.1415

Task Force on Power-Based Violence at Institutions of Higher Education: Duties.

The Task Force on Power-Based Violence at Institutions of Higher Education created by NRS 396.141 shall:

(a) Review the results of any climate survey on power-based violence administered at an institution within the System;

(b) Examine current procedures and protocols for preventing, intervening in or responding to instances of power-based violence that are used at institutions within the System;

(c) Identify possible gaps in the services that are available for victims of power-based violence at institutions within the System;

(d) Examine the correlation between social groups, campus life and the incidence of power-based violence on the campus of each institution within the System;

(e) Each year, hold a meeting open to the public to provide recommendations to the Board of Regents on how to address power-based violence at institutions within the System; and

(f) Not later than August 1 of each odd-numbered year, submit to the Joint Interim Standing Committee on Education a written report summarizing the findings of the Task Force, the data collected from responses to any climate survey and any recommendations regarding the prevention of, intervention in or response to incidences of power-based violence occurring at institutions within the System.

A meeting held pursuant to subsection 1 is not subject to the provisions of chapter 241

of NRS.

(Added to NRS by 2021, 3672 ; A 2023, 3151 )

NRS 396.142

NRS

396.142

Climate survey on power-based violence: Development; contents; provision to Task Force on Power-Based Violence at Institutions of Higher Education.

To the extent that money is available, the Board of Regents may appoint researchers employed at one or more institutions within the System to develop a climate survey on power-based violence designed to be administered at institutions within the System. The climate survey on power-based violence must:

(a) Gather institution-specific data regarding the prevalence of gender-based harassment and discrimination;

(b) Be fair and unbiased;

(d) Meet the highest standards of survey research.

If appointed to develop a climate survey on power-based violence, the researchers shall:

(a) Use best practices from peer-reviewed research;

(b) Consult with persons with expertise in the development and use of climate surveys on power-based violence at institutions of higher education;

(d) Review climate surveys on power-based violence which have been developed and implemented by institutions of higher education, including, without limitation, institutions in other states;

(e) Provide opportunity for written comment from organizations that assist victims of power-based violence to ensure the adequacy and appropriateness of any proposed content of the climate survey on power-based violence;

(f) Consult with institutions within the System on strategies for optimizing the effectiveness of the climate survey on power-based violence; and

(g) Account for the diverse needs and differences of the institutions within the System.

If a climate survey on power-based violence is developed, the climate survey must request information on topics related to power-based violence. The topics may include, without limitation:

(a) The estimated number of alleged incidents of power-based violence, both reported and not reported, at an institution within the System, if a student taking the survey has knowledge of such information;

(b) When and where an alleged incident of power-based violence occurred;

(c) Whether an alleged incident of power-based violence was perpetrated by a student, faculty member, staff member of an institution within the System, third party vendor or another person;

(d) Awareness of a student of the policies and procedures related to power-based violence at an institution;

(e) Whether a student reported an alleged incident of power-based violence and:

(1) If the incident was reported, to which campus resource or law enforcement agency a report was made; and

(2) If the incident was not reported, the reason the student chose not to report the incident;

(f) Whether a student who reported an alleged incident of power-based violence was:

(1) Offered supportive measures by an institution;

(2) Informed of, aware of or referred to campus, local or state resources for support for victims, including, without limitation, appropriate medical care and legal services; and

(3) Informed of the prohibition against retaliation for reporting an alleged incident of power-based violence;

(g) Contextual factors in an alleged incident of power-based violence, such as the involvement of force, incapacitation or coercion;

(h) Demographic information that could be used to identify at-risk groups, including, without limitation, the gender, race, ethnicity, national origin, economic status, disability, gender identity or expression, immigration status and sexual orientation of the student taking the climate survey on power-based violence;

(i) Perceptions a student has of campus safety;

(j) Whether a student has confidence in the ability of the institution to protect against and respond to alleged incidents of power-based violence;

(k) Whether a student chose to withdraw or take a leave of absence from the institution or transfer to another institution because the student is the complainant or respondent in an alleged incident of power-based violence;

(l) Whether a student withdrew from any classes or was placed on academic probation, disciplinary probation or otherwise disciplined as a result of an alleged incident of power-based violence;

(m) Whether a student experienced any financial impact as a result of an alleged incident of power-based violence;

(n) Whether a student experienced any negative health impacts as a result of an alleged incident of power-based violence, including, without limitation, post-traumatic stress disorder, anxiety, depression, chronic pain or an eating disorder;

(o) The perception of the participants in the survey of the attitudes of the community toward power-based violence, including, without limitation, the willingness of a person to intervene in an ongoing incident of power-based violence as a bystander; and

(p) Any other questions as determined necessary by the researchers.

The climate survey on power-based violence must provide an option for students to decline to answer a question.
The climate survey on power-based violence must be provided to the Task Force on Power-Based Violence at Institutions of Higher Education created pursuant to NRS 396.141 for comment.

(Added to NRS by 2021, 3672 ; A 2023, 3152 )

NRS 396.1425

NRS

396.1425

Climate survey on power-based violence: Biennial administration; contents; waiver.

To the extent that money is available, the Board of Regents may require each institution within the System to conduct a climate survey on power-based violence at the institution biennially.
A climate survey on power-based violence conducted pursuant to subsection 1 must include the questions developed by researchers employed at an institution within the System pursuant to NRS 396.142 . If an institution within the System includes additional questions on a climate survey on power-based violence pursuant to subsection 1, the questions must not be unnecessarily traumatizing for a victim of an alleged incident of power-based violence.
If an institution within the System conducts a climate survey on power-based violence pursuant to subsection 1, the institution shall:

(a) Provide the survey to each student at the institution, including, without limitation, students studying abroad;

(b) Not require the disclosure of personally identifiable information by a participant in the climate survey on power-based violence;

(c) Work to ensure an adequate number of students complete the survey to achieve a random and representative sample size of students;

(d) Within 120 days after completion of the climate survey on power-based violence:

(1) Compile a summary of the responses to the survey; and

(2) Submit the summary of responses to the Board of Regents; and

(e) Post on the Internet website maintained by the institution in a manner that does not disclose personally identifiable information of any person, the summary of the responses to the climate survey on power-based violence.

A climate survey on power-based violence must be administered electronically by an institution within the System and provide reasonable accommodations for students with a disability.
An institution within the System may obtain a waiver from the Board of Regents to not administer a climate survey on power-based violence pursuant to this section due to the financial circumstances of the institution.
An institution within the System may apply for and accept any gifts, grants, donations, bequests or other money from any source to carry out the provisions of this section.
Any data or reports that underlie the summaries generated pursuant to subsection 2 are confidential and are not a public record for the purposes of chapter 239

of NRS.

(Added to NRS by 2021, 3673 ; A 2023, 3153 )

NRS 396.143

NRS

396.143

Climate survey on power-based violence: Duties of Board of Regents.

If the Board of Regents requires an institution within the System to conduct a climate survey on power-based violence pursuant to NRS 396.1425 , the Board of Regents shall to the extent that money is available:

(a) Provide a copy of the questions developed by the researchers employed at an institution within the System pursuant to NRS 396.142 to each institution within a reasonable time after the Board of Regents receives the questions from the researchers;

(b) Establish a repository for the summaries of the climate survey on power-based violence submitted by each institution pursuant to NRS 396.1425 ;

(c) Post each summary of the responses to a climate survey on power-based violence submitted by an institution pursuant to NRS 396.1425 on the Internet website maintained by the Board of Regents in a manner that does not disclose personally identifiable information of any person;

(d) Adopt a policy on the dissemination, collection and summation of the responses to the climate survey on power-based violence; and

(e) On or before February 1 of each odd-numbered year, report the summaries of the climate survey on power-based violence submitted by an institution pursuant to NRS 396.1425 to the Director of the Legislative Counsel Bureau for transmittal to the Senate and Assembly Standing Committees on Education.

Any data or reports that underlie the summaries generated pursuant to subsection 1 are confidential and are not a public record for the purposes of chapter 239

of NRS.

(Added to NRS by 2021, 3674 ; A 2023, 3154 )

NRS 396.816

NRS

396.816

Cost of any project defined.

Cost of any project, or any phrase of similar import, means all or any part designated by the Board of the cost of any project, or interest therein, which cost at the option of the Board may include all or any part of the incidental costs pertaining to the project, including, without limitation:

Preliminary expenses advanced by the University or the Board from funds available for use therefor, or advanced by this state, the Federal Government, or from any other source, with the approval of the Board, or any combination thereof;
The costs in the making of surveys, audits, preliminary plans, other plans, specifications, estimates of costs and other preliminaries;
The costs of premiums on builders risk insurance and performance bonds, or a reasonably allocable share thereof;
The costs of appraising, printing, estimates, advice, services of engineers, architects, financial consultants, attorneys at law, clerical help, or other agents or employees;
The costs of making, publishing, posting, mailing and otherwise giving any notice in connection with a project, the filing or recordation of instruments, the taking of options, the issuance of bonds and other securities, and bank fees and expenses;
The costs of contingencies;
The costs of the capitalization with proceeds of bonds or other securities issued hereunder of any operation and maintenance expenses appertaining to any facilities to be acquired as a project and of any interest on bonds or other securities for any period not exceeding the period estimated by the Board to effect the project plus 1 year, of any discount on bonds or other securities, and of any reserves for the payment of the principal of and interest on the bonds or other securities, of any replacement expenses, and of any other cost of issuance of the bonds or other securities;
The costs of amending any resolution or other instrument authorizing the issuance of or otherwise appertaining to outstanding bonds or other securities of the University or the Board;
The costs of funding any medium-term obligations, construction loans and other temporary loans of not exceeding 5 years appertaining to a project and of the incidental expenses incurred in connection with such loans; and
All other expenses necessary or desirable and appertaining to a project, as estimated or otherwise ascertained by the Board.

(Added to NRS by 1967, 3 ; A 1975, 872 ; 1997, 558 )

NRS 40.200

NRS

40.200

Application for order of survey; notice and order; report of survey; costs of and damages caused by survey.

Any person named in NRS 40.180 and 40.190 shall have the right to apply for and obtain from any district court, or the judge thereof, an order of survey in the following manner: An application shall be made by filing the affidavit of the person making the application, which affidavit shall state, as near as can be described, the location of the mine or mines of the parties complained of, and as far as known, the names of such parties; also, the location of the mine or mines of the party making such application, and that the party has reason to believe, and does believe, that the parties complained of, their agent, or employees, are or have been trespassing upon the mine or mines of the party complaining, or are working their mine in such manner as to damage or endanger the property of the affiant.
Upon the filing of the affidavit as prescribed in subsection 1, the court or judge shall cause a notice to be given to the party complained of, or the agent thereof, which notice shall state the time, place, and before whom the application will be heard, and shall cite the party to appear in not less than 5 nor more than 10 days from the date thereof, to show cause why an order of survey should not be granted; and upon good cause shown, the court or judge shall grant such order, directed to some competent surveyor or surveyors, or to some competent mechanics, or miners, or both, as the case may be, who shall proceed to make the necessary examination as directed by the court and report the result and conclusions to the court, which report shall be filed with the clerk of the court.
The costs of the order and survey shall be paid by the persons making the application, unless such parties shall subsequently maintain an action and recover damages, as provided for in NRS 40.180 , by reason of a trespass or damage done or threatened prior to such survey or examination having been made, and in that case, such costs shall be taxed against the defendant as other costs in the suit.
The parties obtaining such survey shall be liable for any unnecessary injury done to the property in the making of such survey.

[1911 CPA § 569; RL § 5511; NCL § 9058]

NRS 40.210

NRS

40.210

Order allowing party to survey and measure land in dispute; contents and service of order; liability for unnecessary injury.

The court in which an action is pending for the recovery of real property or for damages for an injury thereto, or a judge thereof, may, on motion, upon notice by either party for good cause shown, grant an order allowing to such party the right to enter upon the property and make survey and measurement thereof, for the purpose of the action, even though entry for such purpose has to be made through other lands belonging to parties to the action.
The order shall describe the property; a copy thereof shall be served on the owner or occupant, and thereupon such party may enter upon the property with necessary surveyors and assistants, and may make such survey and measurements; but if any unnecessary injury be done to the property the party shall be liable therefor.

[1911 CPA § 570; RL § 5512; NCL § 9059] + [1911 CPA § 571; RL § 5513; NCL § 9060]

SUMMARY PROCEEDINGS FOR OBTAINING POSSESSION OF REAL PROPERTY, RECREATIONAL VEHICLE OR MOBILE HOME

NRS 40.6884

NRS

40.6884

Attorney required to consult expert; required affidavit of attorney; required report of expert.

Except as otherwise provided in subsection 2, in an action governed by NRS 40.600 to 40.695 , inclusive, that is commenced against a design professional or a person primarily engaged in the practice of professional engineering, land surveying, architecture or landscape architecture, including, without limitation, an action for professional negligence, the attorney for the complainant shall file an affidavit with the court concurrently with the service of the first pleading in the action stating that the attorney:

(a) Has reviewed the facts of the case;

(b) Has consulted with an expert;

(c) Reasonably believes the expert who was consulted is knowledgeable in the relevant discipline involved in the action; and

(d) Has concluded on the basis of the attorneys review and the consultation with the expert that the action has a reasonable basis in law and fact.

The attorney for the complainant may file the affidavit required pursuant to subsection 1 at a later time if the attorney could not consult with an expert and prepare the affidavit before filing the action without causing the action to be impaired or barred by the statute of limitations or repose, or other limitations prescribed by law. If the attorney must submit the affidavit late, the attorney shall file an affidavit concurrently with the service of the first pleading in the action stating the attorneys reason for failing to comply with subsection 1 and the attorney shall consult with an expert and file the affidavit required pursuant to subsection 1 not later than 45 days after filing the action.
In addition to the statement included in the affidavit pursuant to subsection 1, a report must be attached to the affidavit. Except as otherwise provided in subsection 4, the report must be prepared by the expert consulted by the attorney and include, without limitation:

(a) The resume of the expert;

(b) A statement that the expert is experienced in each discipline which is the subject of the report;

(c) A copy of each nonprivileged document reviewed by the expert in preparing the experts report, including, without limitation, each record, report and related document that the expert has determined is relevant to the allegations of negligent conduct that are the basis for the action;

(d) The conclusions of the expert and the basis for the conclusions; and

(e) A statement that the expert has concluded that there is a reasonable basis for filing the action.

In an action brought by a claimant in which an affidavit is required to be filed pursuant to subsection 1:

(a) The report required pursuant to subsection 3 is not required to include the information set forth in paragraphs (c) and (d) of subsection 3 if the claimant or the claimants attorney files an affidavit, at the time that the affidavit is filed pursuant to subsection 1, stating that the claimant or the claimants attorney made reasonable efforts to obtain the nonprivileged documents described in paragraph (c) of subsection 3, but was unable to obtain such documents before filing the action;

(b) The claimant or the claimants attorney shall amend the report required pursuant to subsection 3 to include any documents and information required pursuant to paragraph (c) or (d) of subsection 3 as soon as reasonably practicable after receiving the document or information; and

(c) The court may dismiss the action if the claimant and the claimants attorney fail to comply with the requirements of paragraph (b).

An expert consulted by an attorney to prepare an affidavit pursuant to this section must not be a party to the action.
As used in this section, expert means a person who is licensed in a state to engage in the practice of professional engineering, land surveying, architecture or landscape architecture.

(Added to NRS by 2001 Special Session, 66 )

NRS 40.6885

NRS

40.6885

Effect of compliance with or failure to comply with

NRS 40.6884

The court shall dismiss an action governed by NRS 40.600 to 40.695 , inclusive, that is commenced against a design professional or a person primarily engaged in the practice of professional engineering, land surveying, architecture or landscape architecture, including, without limitation, an action for professional negligence, if the attorney for the complainant fails to:

(a) File an affidavit required pursuant to NRS 40.6884 ;

(b) File a report required pursuant to subsection 3 of NRS 40.6884 ; or

The fact that an attorney for a complainant has complied or failed to comply with the provisions of NRS 40.6884 is admissible in the action.

(Added to NRS by 2001 Special Session, 67 )

Miscellaneous Provisions

NRS 403.190

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.

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.
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.

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.
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 404.230

NRS

404.230

New boundaries to conform to surveys of United States Government.

Whenever the board of county commissioners shall re-establish the boundaries of road districts in accordance with NRS 404.220 to 404.250 , inclusive, the board shall make the new boundaries that it shall set forth for such road districts conform to the legal land surveys of the United States Government so far as is possible.

[2:217:1913; 1919 RL p. 2936; NCL § 5933]

NRS 405.191

NRS

405.191

Public road defined; county roads and highways may be established on rights-of-way over certain public lands.

As used in NRS 405.193 and 405.195 , public road includes:

A United States highway, a state highway or a main, general or minor county road and any other way laid out or maintained by any governmental agency.
Any way which exists upon a right-of-way granted by Congress over public lands of the United States not reserved for public uses in chapter 262, section 8, 14 Statutes 253 (former 43 U.S.C. § 932, commonly referred to as R.S. 2477), and accepted by general public use and enjoyment before, on or after July 1, 1979. Except as otherwise provided in this subsection, each board of county commissioners may locate and determine the width of such rights-of-way and locate, open for public use and establish thereon county roads or highways, but public use alone has been and is sufficient to evidence an acceptance of the grant of a public user right-of-way pursuant to former 43 U.S.C. § 932. In a county in which a board of county highway commissioners has exclusive control of all matters relating to the construction, repairing and maintaining of public highways, roads and bridges within the county pursuant to NRS 403.090 , the board of county highway commissioners may locate and determine the width of those rights-of-way and open those rights-of-way for public use for the purpose of designating county roads pursuant to NRS 403.170 or taking any other action concerning those rights-of-way pursuant to chapter 403 of NRS.
Any way which is shown upon any plat, subdivision, addition, parcel map or record of survey of any county, city, town or portion thereof duly recorded or filed in the office of the county recorder, and which is not specifically therein designated as a private road or a nonpublic road, and any way which is described in a duly recorded conveyance as a public road or is reserved thereby for public road purposes or which is described by words of similar import.

(Added to NRS by 1979, 1174 ; A 1981, 923 ; 1993, 1427 ; 1997, 1615 ; 2011, 300 )

NRS 407.090

NRS

407.090

Kershaw Canyon-Ryan State Park.

The NE 1/4 of the NE 1/4 of section 19, T. 4 S., R. 67 E., M.D.B. & M., containing 40 acres, more or less, having been received by gift, duly deeded to the State of Nevada by James Ryan and his wife, Martha Ann Ryan, of Caliente, Lincoln County, Nevada, with the stipulation that it be used only for park purposes, is hereby reserved from sale and is set aside for all time for state park and recreational purposes, and shall be known as Kershaw Canyon-Ryan State Park.
The E 1/2 of the NW 1/4, the W 1/2 and the SE 1/4 of the NE 1/4 of section 19, T. 4 S., R. 67 E., M.D.B. & M., containing 200 acres, more or less, is also included in the Kershaw Canyon-Ryan State Park when such land is acquired by exchange of lands between the State of Nevada under the Act of Congress approved June 8, 1926.
The Surveyor General of the State of Nevada is directed to enter into negotiations with the United States of America so as to provide for the exchange of lands referred to in subsection 2.

[2:85:1935; 1931 NCL § 5584.02] + [Part 7:85:1935; 1931 NCL § 5584.07]

NRS 407.100

NRS

407.100

Beaver Dam State Park.

The SW 1/4 of the SW 1/4 of section 16; the E 1/2 of section 17; the N 1/2 and the SE 1/4 of the NW 1/4, the NE 1/4 of the SW 1/4, the SW 1/4 of the NE 1/4, the W 1/2 of the SE 1/4 and lots 2 and 3 of section 21; all in T. 5 S., R. 71 E., M.D.B. & M., containing 718.62 acres, more or less, shall be known as Beaver Dam State Park, and shall be reserved from sale and set aside for all time for state park and recreational purposes, when such land is acquired by exchange of lands between the State of Nevada under the Act of Congress approved June 8, 1926.
The Surveyor General of the State of Nevada is directed to enter into negotiations with the United States of America so as to provide for the exchange of lands referred to in subsection 1.

[3:85:1935; 1931 NCL § 5584.03] + [Part 7:85:1935; 1931 NCL § 5584.07]

NRS 408.100

NRS

408.100

Declaration of legislative intent.

Recognizing that safe and efficient highway transportation is a matter of important interest to all the people of the State, and that an adequate highway system is a vital part of the national defense, the Legislature hereby determines and declares that:

An integrated system of state highways and roads is essential to the general welfare of the State.
Providing such a system of facilities, its efficient management, maintenance and control is recognized as a problem and as the proper prospective of highway legislation.
Inadequate highways and roads obstruct the free flow of traffic, resulting in undue cost of motor vehicle operation, endangering the health and safety of the citizens of the State, depreciating property values, and impeding general economic and social progress of the State.
In designating the highways and roads of the State as provided in this chapter, the Legislature places a high degree of trust in the hands of those officials whose duty it is, within the limits of available funds, to plan, develop, operate, maintain, control and protect the highways and roads of this state, for present as well as for future use.
To this end, it is the express intent of the Legislature to make the Board of Directors of the Department of Transportation custodian of the state highways and roads and to provide sufficiently broad authority to enable the Board to function adequately and efficiently in all areas of appropriate jurisdiction, subject to the limitations of the Constitution and the legislative mandate proposed in this chapter.
The Legislature intends:

(a) To declare, in general terms, the powers and duties of the Board of Directors, leaving specific details to be determined by reasonable regulations and declarations of policy which the Board may promulgate.

(b) By general grant of authority to the Board of Directors to delegate sufficient power and authority to enable the Board to carry out the broad objectives contained in this chapter.

The problem of establishing and maintaining adequate highways and roads, eliminating congestion, reducing crash frequency and taking all necessary steps to ensure safe and convenient transportation on these public ways is no less urgent.
The Legislature hereby finds, determines and declares that this chapter is necessary for the preservation of the public safety, the promotion of the general welfare, the improvement and development of facilities for transportation in the State, and other related purposes necessarily included therein, and as a contribution to the system of national defense.
The words construction, maintenance and administration used in Section 5 of Article 9 of the Constitution of the State of Nevada are broad enough to be construed to include and as contemplating the construction, maintenance and administration of the state highways and roads as established by this chapter and the landscaping, roadside improvements and planning surveys of the state highways and roads.

(Added to NRS by 1957, 664 ; A 1965, 998 ; 1977, 156 ; 1979, 1762 ; 1987, 1798 ; 1989, 1298 ; 2015, 1671 )

DEPARTMENT OF TRANSPORTATION

General Provisions

NRS 408.250

NRS

408.250

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

The Department is authorized:

(a) To enter into all contracts and agreements with the United States Government relating to the engineering, planning, surveying and preparing of plans, acquiring of property, constructing and maintaining of highways under the provisions of the Acts of Congress described in NRS 408.245 , and the rules and regulations promulgated thereunder by the Secretary of Commerce and the Federal Highway Administrator.

(b) To submit such schemes, plans and programs of construction and maintenance as may be required by the Secretary of Commerce and the Federal Highway Administrator.

(c) To do all other things necessary to carry out the cooperation and programs contemplated and provided for by such federal acts.

For the engineering, planning, constructing and improving of highways and roads provided under the Federal Aid Road Act, the good faith of the State is hereby pledged to make funds available sufficient to match in the proportion designated in the Federal Aid Road Act the sums of money apportioned to the State by or under the United States Government, and to maintain at its own expense the highways so constructed with the aid of funds so designated, and to make adequate provisions for carrying out such maintenance.

(Added to NRS by 1957, 671 ; A 1965, 1075 )

NRS 408.255

NRS

408.255

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

The Department is authorized:

(a) To enter into all contracts and agreements with the United States Government relating to the engineering, planning, surveying, preparing of plans, acquiring of property, constructing and maintaining of secondary and feeder highways and roads.

(b) To submit such schemes, plans and programs of construction and maintenance as may be required by the Secretary of Commerce and the Federal Highway Administrator.

(c) To do all other things necessary to carry out the cooperation and programs contemplated and provided for by such federal acts in the construction and maintenance of such secondary and feeder highways and roads, including farm-to-market, mine-to-market, rural free delivery, public school bus and other rural roads.

For the engineering, planning, constructing and improving of such secondary and feeder highways and roads under the Acts of Congress described in NRS 408.245 , the good faith of the State is hereby pledged to make available funds sufficient to match, in the proportion designated in such acts, the sums of money apportioned to the State by or under the United States Government and to maintain at its own expense the highways and roads so constructed with the aid of funds so designated and make adequate provisions for carrying out such maintenance.

(Added to NRS by 1957, 671 ; A 1965, 1075 )

NRS 408.265

NRS

408.265

Federal money deposited in State Highway Fund.

Except as otherwise provided in NRS 226.700 to 226.832 , inclusive, all money received from the Government of the United States and by virtue of the provisions of any Act of Congress for the engineering, planning, surveying, acquiring of property, constructing, reconstructing or improving of any highway in the State must be put into the State Treasury and become a part of the State Highway Fund and that Fund must not be used for any other purpose.

(Added to NRS by 1957, 672 ; A 1967, 1742 ; 1985, 704 ; 2017, 4139 ; 2021, 3816 )

NRS 408.275

NRS

408.275

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

The Department shall prepare highway planning surveys, maps and traffic studies for the purposes of securing, preserving and furnishing all necessary information relative to all highways of the State.
The Department may construct and maintain roadside parks for the convenience of the traveling public at such locations as the Director selects.
In order to provide information for the traveling public, the Director may maintain maps, informational directories and advertising pamphlets at safety rest areas. The Director may, with the concurrence of the Board, contract with persons experienced in financing and operating centers for the dissemination of maps, directories, advertising pamphlets and other information of interest to the traveling public by leasing to those persons available land at safety rest areas for such periods of time and for such considerations as are determined by the Director to be in the best interests of the State of Nevada.
The Department may receive any federal money available for the purposes of this section under the federal acts described in NRS 408.245 .
The Department shall adopt appropriate regulations governing the use of roadside parks and safety rest areas in the State.

(Added to NRS by 1957, 672 ; A 1969, 223 ; 1979, 206 , 1770 ;

1987, 1803 ; 1989, 1302 )

NRS 408.493

NRS

408.493

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

Whenever land is required for highway purposes, the Department shall survey and locate the right-of-way in a manner most compatible with the greatest public good and the least private injury. The Departments employees, agents or representatives may, with the consent of the owner, enter upon the land and make examinations, surveys and maps thereof, including soil investigation and test borings and appraisal and valuation of the land and improvements thereon.
Whenever the owner or occupant of such land refuses or fails to permit entry thereon for such examination, survey, investigation or appraisal, the Department may petition the district court of the county in which such land is situated for an order permitting the Department to enter and undertake such examination, survey, investigation or appraisal, and the court, if it ascertains, by affidavit or otherwise, that the Department in good faith desires to enter the land for such purpose shall grant its order permitting such entry, conditioned upon the examination being made at reasonable times and in such manner as to cause the least inconvenience to the owner or occupant, and such entry shall not constitute any cause of action in favor of the owner or occupant of the land, except for actual damages sustained to such land or improvements thereon.

(Added to NRS by 1965, 998 )

NRS 414.060

NRS

414.060

Powers and duties of Governor.

The Governor is responsible for carrying out the provisions of this chapter, and in the event of an emergency or disaster beyond local control, may assume direct operational control over all or any part of the functions of emergency management within this State.
In performing his or her duties under this chapter, the Governor may cooperate with the Federal Government, with other states and with private agencies in all matters pertaining to emergency management in this State and the nation.
In performing his or her duties under this chapter and to effect its policy and purpose, the Governor may:

(a) Make, amend and rescind the necessary orders and regulations to carry out the provisions of this chapter within the limits of the authority conferred upon the Governor in this chapter, with due consideration of the plans provided by the Federal Government.

(b) Prepare a comprehensive state emergency management plan and develop a program for emergency management in this State to be integrated into and coordinated with the plans of the Federal Government and of other states for emergency management to the fullest possible extent, and coordinate the preparation of plans and programs for emergency management by the political subdivisions of this State to be integrated into and coordinated with the plan and program of this State to the fullest possible extent.

(c) In accordance with the plan and program for the emergency management in this State, procure supplies and equipment, institute planning, training and exercise programs, carry out public information programs, and take all other preparatory steps, including the partial or full mobilization of organizations for emergency management in advance of an actual emergency or disaster, to ensure the availability of adequately trained and equipped forces in time of need.

(d) Make such studies and surveys of industries, resources and facilities in this State as may be necessary to ascertain the capabilities of the State for emergency management and plan for the most efficient use thereof.

(e) On behalf of this State, enter into mutual aid agreements with other states and coordinate mutual aid plans between political subdivisions of this State.

(f) Delegate any administrative authority vested in him or her under this chapter, and provide for the subdelegation of any such authority.

(g) Cooperate with the President of the United States and the heads of the Armed Forces, the agency of the United States for emergency management and other appropriate federal officers and agencies, and with the officers and agencies of other states in matters pertaining to emergency management in the State and nation, including the direction or control of:

(1) Mobilizing forces for emergency management and other tests and exercises.

(2) Mechanical devices to be used in connection with warnings and signals for emergencies or disasters.

(3) The effective screening or extinguishing of all lights and lighting devices and appliances.

(4) Coordinating the efforts of all public utilities in terminating and restoring service to the general public during an emergency or disaster.

(5) The conduct of the general public and the movement and cessation of movement of pedestrians and vehicular traffic during, before and after exercises or an emergency or disaster.

(6) Public meetings or gatherings.

(7) The evacuation and reception of the general public during an attack or an emergency or disaster.

[6:293:1953]—(NRS A 1965, 342 ; 1981, 674 ; 1983, 169 ; 1999, 1244 )

NRS 426.670

NRS

426.670

Powers and duties of Bureau relating to Program; regulations; powers and duties of public entity that has care, custody or control of certain public buildings or property relating to Program; conflicting contractual provisions void.

The Bureau shall:

(a) Make surveys of public buildings and properties to determine their suitability as locations for vending facilities to be operated by licensees and advise the heads of the public entities that have care, custody and control of the public buildings or properties of its findings.

(b) Select, train, license and assign qualified persons who are blind to operate vending facilities.

(c) Except as otherwise provided in this paragraph, execute agreements with licensees to operate vending facilities. The agreements must prescribe the responsibilities of the licensee and the Bureau to ensure the efficient operation of the vending facility. The Bureau shall not execute an agreement which obligates the Bureau, under any circumstances, to make payments on a loan to a licensee.

(d) Provide for the election of the Nevada Committee of Vendors Who Are Blind by licensees in this State in accordance with 34 C.F.R. § 395.14.

(e) Establish and effectuate such regulations as it may deem necessary to carry out the purposes of NRS 426.630 to 426.715 , inclusive, and ensure the proper and satisfactory operation of vending facilities. The regulations must provide a method for setting aside money from the net proceeds of vending facilities and provide for the payment and collection thereof.

If a survey conducted pursuant to paragraph (a) of subsection 1 indicates that a public building or property is a suitable location for a vending facility to be operated by a licensee and the Bureau wishes to exercise, on behalf of the licensee, the priority of the licensee, the public entity that has care, custody and control of the public building or property shall cooperate with the Bureau to discuss options for a vending facility. If the public entity reaches agreement with the Bureau regarding the operation of a vending facility at the location, the public entity shall cooperate with the Bureau to ensure the establishment of one or more vending facilities in or on the public building or property. The Bureau may enter into a contract with such a public entity concerning the operation of the vending facilities.
The Bureau may enter into contracts with third-party vendors to establish and operate vending facilities when a licensee is not available, the projected sales are insufficient to support a licensee or other extenuating circumstances exist. These contracts must include provisions for the payment of money to the Bureau based on net proceeds from the vending facilities. The Bureau may:

(a) Assign the money to licensees for the maintenance of their incomes; or

(b) Use the money for any purpose authorized by NRS 426.675 .

The Bureau may, by regulation, provide:

(a) Methods for recovering the cost of establishing vending facilities.

(b) Penalties for failing to file reports or make payments required by NRS 426.630 to 426.715 , inclusive, or a regulation adopted pursuant to those sections when they are due.

(d) Procedures to terminate the license of a licensee who is improperly operating a vending facility.

(e) A process for providing an opportunity for a hearing for a licensee who is aggrieved by an action of the Bureau.

(f) A process for active participation by the Nevada Committee of Vendors Who Are Blind in major administrative decisions concerning the Vending Facility Program.

A public entity that has care, custody and control of a public building or property in or on which a vending facility is established:

(a) Except as otherwise authorized by a contract entered into pursuant to subsection 6, shall not require the Bureau, a licensee or a third-party vendor to pay any rent, fee, utility charge, commission, incentive or assessment related to the vending facility. Such a prohibited payment includes, without limitation, a fee for the maintenance of landscaping or a common area.

(b) May enter into an agreement with the Bureau to recover the increases in utility costs where there is a direct, measurable and proportional increase in such costs as a result of the operation of the vending facility.

The Bureau may, at its discretion, enter into a contract with a public entity that has care, custody and control of a public building or property that contains provisions that are less restrictive than the provisions of this section, including, without limitation, provisions for the payment of an incentive by a licensee to the public entity, if the Bureau, in its discretion, determines that the circumstances justify such less restrictive provisions. The establishment of a vending facility must not, under any circumstances, be contingent upon the payment of an incentive to a public entity. The Bureau shall not agree to any payment that reduces the profits of the vending facility to the extent that the vending facility is not viable.
Any provision in a lease, licensing agreement, contract or other agreement relating to a vending facility established pursuant to this section that conflicts with this section is void.

(Added to NRS by 1959, 170 ; A 1961, 331 ; 1963, 923 ; 1965, 774 ; 1973, 74 , 1394 ;

1975, 199 ; 1983, 298 ; 1993, 103 ; 2013, 827 ; 2021, 842 )

NRS 426.729

NRS

426.729

Duties of Director of Department of Health and Human Services.

The Director of the Department of Health and Human Services, in consultation with the Nevada Commission on Services for Persons with Disabilities shall:

Determine the amount of state funding necessary each biennium to carry out NRS 426.728 .
Ensure that the amount of funding determined to be necessary pursuant to subsection 1 is included in the budgetary request of the appropriate department or agency for the biennium, and that the budgetary request includes funding for any increase in the number of cases handled by the state personal assistance programs.
Establish a program to govern the services provided to carry out NRS 426.728 , within the limitations of any conditions upon the receipt of state or federal funding, including:

(a) Minimum standards for the provision of minimum essential personal assistance, including, to the extent authorized by state and federal law, the provision of services in accordance with NRS 629.091 ;

(b) Minimum qualifications and training requirements for providers of minimum essential personal assistance;

(d) The development of an individual service plan for the provision of minimum essential personal assistance to each recipient;

(e) Procedures to appeal the denial or modification of an individual service plan for the provision of minimum essential personal assistance and to resolve any disputes regarding the contents of such a plan;

(f) Continuous monitoring of the adequacy and effectiveness of the provision of minimum essential personal assistance to each recipient;

(g) Mandatory requirements and procedures for reporting the abuse, neglect or exploitation of a recipient;

(h) The receipt of meaningful input from recipients, including surveys of recipients, regarding the extent to which recipients are receiving the services described in their individual service plans and their satisfaction with those services; and

(i) Continuing procedures for soliciting public input regarding the development, implementation and review of the program.

Review and modify the program established pursuant to subsection 3 as appropriate to provide recipients with as much independence and control over the provision of minimum essential personal assistance as is feasible.

(Added to NRS by 2001, 3107 ; A 2003, 2631 ; 2007, 155 ; 2009, 659 ; 2019, 1012 )

MISCELLANEOUS PROVISIONS

NRS 439.4929

NRS

439.4929

Establishment and maintenance of system for reporting information; objectives; persons required to report information.

The Chief Medical Officer shall, pursuant to the regulations adopted by the State Board of Health pursuant to NRS 439.4931 , establish and maintain a system for the reporting of information on sickle cell disease and its variants.
The system established pursuant to subsection 1 must include a record of the cases of sickle cell disease and its variants which occur in this State along with such information concerning the cases as may be appropriate to form the basis for:

(a) Conducting comprehensive epidemiologic surveys of sickle cell disease and its variants in this State; and

(b) Evaluating the appropriateness of measures for the treatment of sickle cell disease and its variants.

Hospitals, medical laboratories and other facilities that provide screening, diagnostic or therapeutic services to patients with respect to sickle cell disease and its variants shall report the information prescribed by the State Board of Health pursuant to NRS 439.4931 to the system established pursuant to subsection 1.
Any provider of health care who diagnoses or provides treatment for sickle cell disease and its variants, except for cases directly referred to the provider or cases that have been previously admitted to a hospital, medical laboratory or other facility described in subsection 3, shall report the information prescribed by the State Board of Health pursuant to NRS 439.4931 to the system established pursuant to subsection 1.
As used in this section, medical laboratory has the meaning ascribed to it in NRS 652.060 .

(Added to NRS by 2019, 2158 )

NRS 439.4976

NRS

439.4976

Establishment and maintenance of system for reporting information; objectives; persons required to report information.

The Chief Medical Officer shall, pursuant to regulations adopted by the State Board of Health pursuant to NRS 439.4978 , establish and maintain a system for the reporting of information on lupus and its variants. The Chief Medical Officer shall coordinate with the National Lupus Patient Registry of the Centers for Disease Control and Prevention of the United States Department of Health and Human Services when establishing and maintaining the system.
The system established pursuant to subsection 1 must include a record of the cases of lupus and its variants which occur in this State along with such information concerning the cases as may be appropriate to form the basis for:

(a) Conducting comprehensive epidemiologic surveys of lupus and its variants in this State; and

(b) Evaluating the appropriateness of measures for the treatment of lupus and its variants.

Hospitals, medical laboratories and other facilities that provide screening, diagnostic or therapeutic services to patients with respect to lupus and its variants shall report the information prescribed by the State Board of Health pursuant to NRS 439.4978 to the system established pursuant to subsection 1.
Any provider of health care who diagnoses or provides treatment for lupus and its variants, except for cases directly referred to the provider or cases that have been previously admitted to a hospital, medical laboratory or other facility described in subsection 3, shall report the information prescribed by the State Board of Health pursuant to NRS 439.4978 to the system established pursuant to subsection 1.
As used in this section:

(a) Medical laboratory has the meaning ascribed to it in NRS 652.060 .

(b) Provider of health care has the meaning ascribed to it in NRS 629.031 .

(Added to NRS by 2021, 3132 )

NRS 449.270

NRS

449.270

State Department to constitute sole agency of State for certain purposes.

The State Department shall constitute the sole agency of the State for the purpose of:

Inventorying existing health facilities, surveying the need for construction of health facilities, and developing programs of health facilities construction as provided in NRS 449.250 to 449.430 , inclusive.
Developing and administering state plans for the construction of public and other nonprofit health facilities as provided in NRS 449.250 to 449.430 , inclusive.
Developing and administering any other plan or program providing assistance to health facilities for which funds may be available to this state under the Federal Act.

[3:219:1949; 1943 NCL § 5285.03]—(NRS A 1965, 985 )

NRS 449.300

NRS

449.300

Inventory of existing health facilities; development of program for construction of facilities.

The State Department is authorized and directed to inventory existing health facilities, including public, nonprofit, and proprietary health facilities, to survey the need for construction of health facilities, and, on the basis of such inventory and survey, to develop programs for the construction of such public and other nonprofit health facilities as will, in conjunction with existing facilities, afford the necessary physical facilities for furnishing adequate health facility services to all the people of the State.

[7:219:1949; 1943 NCL § 5285.07]—(NRS A 1965, 986 )

NRS 449.320

NRS

449.320

Application for federal money; deposit of money.

The State Department may apply to the federal agency for federal money to assist in carrying out the surveys, planning and construction activities provided for in NRS 449.250 to 449.430 , inclusive.
The money must be deposited in the State Treasury and must be available to the State Department for expenditure for carrying out the purposes of NRS 449.250

to 449.430 , inclusive.

[8:219:1949; 1943 NCL § 5285.08]—(NRS A 1965, 987 ; 1981, 1901 )

NRS 457.230

NRS

457.230

Establishment and maintenance of system for reporting information; objectives; persons required to report information.

The Chief Medical Officer shall, pursuant to the regulations of the State Board of Health, establish and maintain a system for the reporting of information on cancer and other neoplasms.
The system must include a record of the cases of cancer and other neoplasms, which are specified by the State Board of Health as subject to reporting, which occur in this state along with such information concerning the cases as may be appropriate to form the basis for:

(a) The conducting of comprehensive epidemiologic surveys of cancer, cancer-related diseases and other neoplasms in this state; and

(b) The evaluation of the appropriateness of measures for the prevention and control of cancer and other neoplasms.

Hospitals, medical laboratories and other facilities that provide screening, diagnostic or therapeutic services to patients with respect to cancer and other neoplasms shall report information on cases of cancer and other neoplasms, which are specified by the State Board of Health as subject to reporting, to the system.
Any provider of health care who diagnoses or provides treatment for cancer or other neoplasms shall report information on cases of cancer and other neoplasms, which are specified by the State Board of Health as subject to reporting, to the system.
As used in this section, medical laboratory has the meaning ascribed to it in NRS 652.060 .

(Added to NRS by 1983, 1677 ; A 1997, 1309 ; 2015, 385 ; 2021, 2256 )

NRS 458.025

NRS

458.025

Operation of state plan; certification of detoxification technicians, facilities and programs. [Effective through June 30, 2026.]

The Division:

(a) Shall formulate and operate a comprehensive state plan for programs for alcohol or other substance use disorders which must include:

(1) A survey of the need for prevention and treatment of alcohol or other substance use disorders, including a survey of the treatment providers needed to provide services and a plan for the development and distribution of services and programs throughout this State.

(2) A plan for programs to educate the public in the problems of alcohol and other substance use disorders.

(3) A survey of the need for persons who have professional training in fields of health and other persons involved in the prevention of alcohol or other substance use disorders and in the treatment and recovery of persons with alcohol or other substance use disorders, and a plan to provide the necessary treatment.

Ê In developing and revising the state plan, the Division shall consider, without limitation, the amount of money available from the Federal Government for programs for alcohol or other substance use disorders and the conditions attached to the acceptance of that money, and the limitations of legislative appropriations for programs for alcohol or other substance use disorders.

(b) Shall coordinate the efforts to carry out the state plan and coordinate all state and federal financial support of programs for alcohol or other substance use disorders in this State.

(c) Must be consulted in the planning of projects and advised of all applications for grants from within this State which are concerned with programs for alcohol or other substance use disorders, and shall review the applications and advise the applicants concerning the applications.

(d) Shall certify or deny certification of detoxification technicians or any facilities or programs on the basis of the standards established by the Board pursuant to this section, and publish a list of certified detoxification technicians, facilities and programs. Any detoxification technicians, facilities or programs which are not certified are ineligible to receive state and federal money for programs for alcohol or other substance use disorders.

(e) Upon request from a facility which is self-supported, may certify the facility, its programs and detoxification technicians and add them to the list described in paragraph (d).

The State Board of Health shall adopt regulations. The regulations:

(a) Must prescribe the requirements for continuing education for persons certified as detoxification technicians which must include, without limitation, a requirement that such a person receive at least 1 hour of instruction on evidence-based suicide prevention and awareness for each year of the term of the persons certification; and

(b) May prescribe the fees for the certification of detoxification technicians, facilities or programs. A fee prescribed pursuant to this paragraph must be calculated to produce the revenue estimated to cover the costs related to the certifications, but in no case may a fee for a certificate exceed the actual cost to the Division of issuing the certificate.

(Added to NRS by 1973, 1397 ; A 1975, 228 ; 1981, 1901 ; 1987, 526 ; 1999, 1267 , 1875 ,

3066 ;

2001, 419 , 441 ,

1910 ,

2519 ;

2003, 1168 ; 2005, 22nd Special Session, 57 , 58 ;

2015, 305 , 746 ,

2278 ,

2288 )

NRS

458.025

Operation of state plan; certification of detoxification technicians, facilities and programs. [Effective July 1, 2026.]

The Division:

(a) Shall formulate and operate a comprehensive state plan for programs for alcohol or other substance use disorders which must include:

(2) A plan for programs to educate the public in the problems of alcohol and other substance use disorders.

(b) Shall coordinate the efforts to carry out the state plan and coordinate all state and federal financial support of programs for alcohol or other substance use disorders in this State.

(e) Upon request from a facility which is self-supported, may certify the facility, its programs and detoxification technicians and add them to the list described in paragraph (d).

The State Board of Health shall adopt regulations. The regulations:

(a) Must prescribe the requirements for continuing education for persons certified as detoxification technicians; and

(Added to NRS by 1973, 1397 ; A 1975, 228 ; 1981, 1901 ; 1987, 526 ; 1999, 1267 , 1875 ,

3066 ;

2001, 419 , 441 ,

1910 ,

2519 ;

2003, 1168 ; 2005, 22nd Special Session, 57 , 58 ;

2015, 305 , 746 ,

2278 ,

2288 , effective July 1, 2026)

NRS 459.824

NRS

459.824

Duties of Director.

The Director shall:

Administer the provisions of NRS 459.800 to 459.856 , inclusive, in a manner that is consistent with, and not more stringent than, the applicable provisions of federal law;
Advise, consult and cooperate with other agencies of the State, the Federal Government, other states, interstate agencies and other persons in furthering the purposes of NRS 459.800 to 459.856 , inclusive;
Take steps necessary to qualify for, accept and administer loans and grants from the Federal Government and other sources, public or private, for carrying out the provisions of NRS 459.800 to 459.856 , inclusive;
Encourage, request, require the Department to participate in or conduct, studies, surveys, investigations, research, experiments, demonstrations and pilot programs by contract, grant or other means;
Collect and disseminate information to the public;
Hold hearings and issue subpoenas requiring the attendance of witnesses and the production of evidence, as the Director finds necessary to carry out the provisions of NRS 459.800 to 459.856 , inclusive;
Exercise all powers necessary to carry out the provisions of NRS 459.800 to 459.856 , inclusive; and
Delegate to the Division any of the Directors powers or duties set forth in NRS 459.800 to 459.856 , inclusive.

(Added to NRS by 1989, 770 )

NRS 472.043

NRS

472.043

Establishment and preservation of vegetative cover in forests, on rangelands and on watershed land.

It is the purpose of this section to provide for the maintenance of vegetative cover in forests, on rangelands and on watershed land, to conserve water and soil, to mitigate wildfires and to prevent destructive floods.
The State Forester Firewarden, with the approval of the Director of the State Department of Conservation and Natural Resources, may:

(a) Enter into contracts with any state or federal public agency, municipal corporation, or any person, firm or private corporation to establish and preserve vegetative cover in forests, on rangelands or on watershed lands.

(b) Conduct surveys and studies, formulate plans and perform all acts incidental to the establishment and maintenance of vegetative cover in forests, on rangelands and on watershed lands, including any work necessary to accomplish such purposes.

In entering into contracts the State Forester Firewarden shall give priority to, but not be limited to, situations where:

(a) The natural vegetative cover has been destroyed or denuded to the extent that precipitation may create floods and serious soil depletion and erosion.

(b) The denuded area is of a size, and the topography and soil characteristics are of such a nature, that soil loss and floods will have a significant effect upon watershed values and the public welfare.

(c) The vegetative cover will not be restored by natural means in time effectively to prevent undue erosion and flood runoff.

(d) The natural succession of vegetation may be detrimental to the public welfare.

The State Forester Firewarden, or any agents of the State Forester Firewarden, with the approval of the Director of the State Department of Conservation and Natural Resources, may enter into cooperative agreements with federal agencies, counties, county fire protection districts, cities and private landowners for the purposes set forth in this section.

(Added to NRS by 1969, 388 ; A 1977, 1146 ; 2021, 627 )

COOPERATIVE AGREEMENTS

NRS 482.36395

NRS

482.36395

Unfair practices: Encouraging dealer to sell or lease vehicles through deceptive practices; refusal to deliver order; requiring payment of costs for promotion or advertising; requiring compliance with standards exceeding commonly accepted business practices; taking certain actions against dealer based solely on survey of dealers customers.

No manufacturer, distributor, factory branch or representative thereof may:

Encourage, aid or abet a dealer to sell or lease vehicles through any false, deceptive or misleading sales or financing practice.
Refuse to deliver an order of a dealer within 60 days after the order is received in writing unless the inability to deliver the order is caused by shortage or curtailment of material, labor, production capacity, transportation or utility services, or to any labor or production difficulty, or to any cause beyond the reasonable control of the manufacturer or distributor.
Coerce, compel or otherwise require any dealer to pay over or to repay any amount of money or other consideration which is in substantiation of or repayment for any advertising, promotional activity or scheme, or method of implementing the sale or lease of vehicles.
Demand or require, directly or indirectly, a dealer to pay any amount of money which is projected or proposed for the advertisement, display or promotion of any vehicle which is being sold or leased pursuant to a franchise, unless the dealer has agreed thereto in writing.
Demand or require, directly or indirectly, a dealer to comply with standards which exceed commonly accepted business practices within the vehicle industry relating to sales, leases or service of vehicles.
Based solely upon the results of a survey of a dealers customers conducted by or on behalf of a manufacturer which is intended or otherwise purports to measure the performance of a dealer:

(a) Discriminate, directly or indirectly, against a dealer;

(b) Take any action to terminate a dealers franchise; or

(c) Refuse to consent to the designation of a successor, refuse to honor a right of succession set forth in a franchise or refuse to approve the transfer of a controlling interest in a dealership.

Ê This subsection does not prohibit a manufacturer, distributor, factory branch or representative thereof from conducting a contest or other award program to recognize the performance of a dealer based on reasonable criteria relating to sales, leases or service of vehicles.

(Added to NRS by 1969, 674 ; A 1977, 558 ; 1995, 2822 ; 1999, 2513 , 3284 ;

2001, 237 ; 2003, 20th Special Session, 305 )

NRS 487.630

NRS

487.630

License: Application; fingerprints; fees; issuance; contents; posting; inclusion of license number in certain documents; expiration; renewal; reinstatement. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

An application for a license to operate a body shop must be filed with the Department upon forms supplied by the Department. The forms must designate the persons whose names are required to appear thereon. The application must include the social security number of the applicant and must be accompanied by:

(a) Such proof as the Department requires to demonstrate that the applicant meets the statutory requirements to operate a body shop.

(b) A fee for the processing of fingerprints. The Department shall establish by regulation the fee for processing fingerprints. The fee must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.

(c) For initial licensure, a complete set of fingerprints and written permission authorizing the Department to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

(d) The fee for issuance of a license required by subsection 2.

The Department shall charge a fee of $300 for the issuance or renewal of a license to operate a body shop.
Upon receipt of the application and the statement required pursuant to NRS 487.003

and when satisfied that the applicant is entitled thereto, the Department shall issue to the applicant a license to operate a body shop. The license must contain the name and the address of the body shop and the name of the operator.

Upon receipt of the license, the operator shall post the license in a conspicuous place clearly visible to the general public in the body shop and include the license number on all estimates and invoices for repairs.
A license expires on April 30 of each year.
Except as otherwise provided in subsection 7, a licensee may renew his or her license by submitting to the Department:

(a) A completed application for renewal upon a form supplied by the Department;

(b) The statement required pursuant to NRS 487.003 ;

(c) Evidence satisfactory to the Department that the licensee has completed and electronically submitted, within 60 days immediately preceding the date of the submission of the application for renewal, the survey required pursuant to NRS 487.685 ; and

(d) The fee for renewal of a license provided in subsection 2.

A license that expires for failure to renew before April 30 may be reinstated upon submission to the Department of:

(a) The application, statement and evidence specified in paragraphs (a), (b) and (c) of subsection 6;

(b) The fee for renewal of a license provided in subsection 2; and

Fees collected by the Department pursuant to this section must be deposited with the State Treasurer for credit to the Motor Vehicle Fund.

(Added to NRS by 1987, 1598 ; A 1989, 1002 , 2024 ;

1991, 1779 ; 1997, 148 , 1373 ,

1376 ,

1517 ,

2081 ;

2007, 407 , 1233 ;

2017, 959 )

NRS

487.630

License: Application; fingerprints; fees; issuance; contents; posting; inclusion of license number in certain documents; expiration; renewal; reinstatement. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

An application for a license to operate a body shop must be filed with the Department upon forms supplied by the Department. The forms must designate the persons whose names are required to appear thereon. The application must be accompanied by:

(a) Such proof as the Department requires to demonstrate that the applicant meets the statutory requirements to operate a body shop.

(d) The fee for issuance of a license required by subsection 2.

The Department shall charge a fee of $300 for the issuance or renewal of a license to operate a body shop.
Upon receipt of the application and when satisfied that the applicant is entitled thereto, the Department shall issue to the applicant a license to operate a body shop. The license must contain the name and the address of the body shop and the name of the operator.
Upon receipt of the license, the operator shall post the license in a conspicuous place clearly visible to the general public in the body shop and include the license number on all estimates and invoices for repairs.
A license expires on April 30 of each year.
Except as otherwise provided in subsection 7, a licensee may renew his or her license by submitting to the Department:

(a) A completed application for renewal upon a form supplied by the Department;

(b) Evidence satisfactory to the Department that the licensee has completed and electronically submitted, within 60 days immediately preceding the date of the submission of the application for renewal, the survey required pursuant to NRS 487.685 ; and

A license that expires for failure to renew before April 30 may be reinstated upon submission to the Department of:

(a) The application and evidence specified in paragraphs (a) and (b) of subsection 6;

(b) The fee for renewal of a license provided in subsection 2; and

Fees collected by the Department pursuant to this section must be deposited with the State Treasurer for credit to the Motor Vehicle Fund.

(Added to NRS by 1987, 1598 ; A 1989, 1002 , 2024 ;

1991, 1779 ; 1997, 148 , 1373 ,

1376 ,

1517 ,

2081 ;

1999, 457 ; 2007, 407 , 1233 ,

1234 ;

2017, 959 , effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

NRS 487.685

NRS

487.685

On-line survey: Completion by body shop; form; contents; availability to public.

A body shop licensed in this State must complete an on-line survey within 60 days immediately preceding the date of the submission of the application for renewal of the license of the body shop.
The Department shall conduct the survey by providing a form on its website or other Internet site to be completed by each body shop and submitted electronically to the Department.
Each survey must include, without limitation:

(a) The name and address of the body shop;

(b) The labor rate charged by the body shop;

(c) The vehicle storage rate charged by the body shop, if any, both for indoor storage and outdoor storage, if those rates differ; and

(d) Any other information the Department deems necessary.

The information obtained from each survey must be available to the public on-line not more than 30 days after the renewal of the body shops license.

(Added to NRS by 2007, 406 ; A 2013, 1977 )

NRS 487.686

NRS

487.686

On-line survey: Compilation of results; contents of report; availability to public.

The Department must compile the results of each survey completed pursuant to NRS 487.685 in a report which must be made available to the public on-line. The report must include, without limitation:

(a) The names and addresses of all body shops that complete the survey;

(b) For body shops in a specific geographic area as established by the Department:

(1) The prevailing labor rate;

(2) The prevailing indoor vehicle storage rate; and

(3) The prevailing outdoor vehicle storage rate; and

As used in this section:

(a) Prevailing indoor vehicle storage rate means the average daily charge for storing a motor vehicle indoors, as reported in the survey for a specific geographic area.

(b) Prevailing labor rate means the average labor rate, as reported in the survey for a specific geographic area.

(c) Prevailing outdoor vehicle storage rate means the average daily charge for storing a motor vehicle outdoors, as reported in the survey for a specific geographic area.

(Added to NRS by 2007, 406 ; A 2013, 1977 )

NRS 493.103

NRS

493.103

Unmanned aerial vehicles: Action for trespass against owner or operator; exceptions; award of treble damages for injury to person or property; award of attorneys fees and costs and injunctive relief.

Except as otherwise provided in subsection 2, a person who owns or lawfully occupies real property in this State may bring an action for trespass against the owner or operator of an unmanned aerial vehicle that is flown at a height of less than 250 feet over the property if:

(a) The owner or operator of the unmanned aerial vehicle has flown the unmanned aerial vehicle over the property at a height of less than 250 feet on at least one previous occasion; and

(b) The person who owns or occupies the real property notified the owner or operator of the unmanned aerial vehicle that the person did not authorize the flight of the unmanned aerial vehicle over the property at a height of less than 250 feet. For the purposes of this paragraph, a person may place the owner or operator of an unmanned aerial vehicle on notice in the manner prescribed in subsection 2 of NRS 207.200 .

A person may not bring an action pursuant to subsection 1 if:

(a) The unmanned aerial vehicle is lawfully in the flight path for landing at an airport, airfield or runway.

(b) The unmanned aerial vehicle is in the process of taking off or landing.

(1) A law enforcement agency in accordance with NRS 493.112 .

(2) A public agency in accordance with NRS 493.115 .

(d) The unmanned aerial vehicle was under the lawful operation of a business registered in this State or a land surveyor if:

(1) The operator is licensed or otherwise approved to operate the unmanned aerial vehicle by the Federal Aviation Administration;

(2) The unmanned aerial vehicle is being operated within the scope of the lawful activities of the business or surveyor; and

(3) The operation of the unmanned aerial vehicle does not unreasonably interfere with the existing use of the real property.

A plaintiff who prevails in an action for trespass brought pursuant to subsection 1 is entitled to recover treble damages for any injury to the person or the real property as the result of the trespass. In addition to the recovery of damages pursuant to this subsection, a plaintiff may be awarded reasonable attorneys fees and costs and injunctive relief.

(Added to NRS by 2015, 1774 )

NRS 496.035

NRS

496.035

Exemption from and compliance with

chapter 625

of NRS.

An employee of a municipality who is not licensed as a professional land surveyor pursuant to chapter 625 of NRS may collect information to be used exclusively by the municipality for preliminary planning for development of new airports or air navigation facilities or improvements to existing airports or air navigation facilities within the municipality.
If, based on the information collected pursuant to this section, the municipality elects to initiate or proceed with such a project, the municipality shall comply with the provisions of chapter 625 of NRS governing the:

(a) Preparation of the maps, plans, specifications, reports and estimates required for the project; and

(b) Execution or supervision of all other practices of land surveying associated with the project.

(Added to NRS by 1995, 846 ; A 1997, 1068 )

NRS 496.070

NRS

496.070

Eminent domain: Procedure; damages and costs of removal or relocation.

In the acquisition of property by eminent domain proceedings authorized by this chapter, the municipality shall proceed in the manner provided by chapter 37

of NRS; but the municipality exercising such power shall, in addition to the damage for the taking, injury or destruction of property, also pay the cost of the removal or relocation of any structure, railways, mains, pipes, conduits, wires, cables, poles or any public utility which is required to be moved to a new location.

For the purpose of making surveys and examinations relative to any eminent domain proceedings, the municipality may enter upon any land, in accordance with the provisions of NRS 37.050 , doing no unnecessary damage.

[6:215:1947; 1943 NCL § 293.25]—(NRS A 1995, 503 )

NRS 503.010

NRS

503.010

Manner of hunting or trapping: Unlawful use of certain modes of transportation; information and equipment; exceptions.

Except as otherwise provided in this section or subsection 2 of NRS 503.005 , it is unlawful to harass any game mammals or game birds by any means, including, without limitation, with a manned or unmanned aircraft, firearm, helicopter, horse, power-driven vessel, motor-driven vehicle, noisemaker or sailboat.
Except as otherwise provided in this subsection, it is unlawful to shoot at any game mammals or game birds with a weapon from a manned or unmanned aircraft, helicopter or motor-driven vehicle. A person who is a paraplegic, has had one or both legs amputated or has suffered a paralysis of one or both legs which severely impedes the persons walking may shoot from a stopped motor vehicle which is not parked on the traveled portion of a public highway, but the person may not shoot from, over or across a highway or road specified in NRS 503.175 .
It is unlawful to spot or locate game mammals or game birds with any kind of manned or unmanned aircraft or helicopter and communicate that information, within 24 hours after the aircraft or helicopter has landed or in violation of a regulation of the Commission, by any means to a person on the ground for the purpose of hunting or trapping. The provisions of this subsection do not prohibit an employee or agent of the Department from providing general information to the public concerning the location of game birds or game mammals.
It is unlawful to use any information obtained in violation of the provisions of subsection 3 to hunt or kill game mammals or game birds.
It is unlawful to use a helicopter to transport game, hunters or hunting equipment, except when:

(a) The cargo or passengers, or both, are loaded and unloaded at airports, airplane landing fields or heliports, which have been established by a department or agency of the Federal or State Government or by a county or municipal government and which are accessible by a public road; or

(b) The loading or unloading is done in the course of an emergency or search and rescue operation.

It is unlawful to:

(a) Use any information obtained from a radio signal or other transmission received from any transmitting device;

(b) Make use of equipment designed to receive a radio signal or other transmission from a transmitting device; or

(c) Use any location information obtained from records maintained by the Department within 1 year after the date on which the information was collected, including, without limitation, records of information received from a transmitting device,

Ê to harass or take any game mammal, game bird or other wildlife.

It is unlawful to make use of equipment designed to receive a radio signal or other transmission from a transmitting device for any purpose without written authorization of the Department.
The provisions of subsection 1 do not apply to an employee or agent of the Department who, while carrying out his or her duties, conducts a survey of wildlife with the use of an aircraft.
As used in this section:

(a) Aircraft includes, without limitation, any unmanned aerial vehicle, as defined in NRS 493.020 , or any other device that is used for navigation of, or flight in, the air.

(b) Game bird does not include a raven, even if classified as a game bird pursuant to NRS 501.110 .

(d) Transmitting device means any collar or other device which is attached to any game mammal, game bird or other wildlife or which is placed for the express purpose of detecting any game mammal, game bird or other wildlife and emits an electronic signal or uses radio telemetry or a satellite transmission to determine the location of the game mammal, game bird or other wildlife.

[Part 8:101:1947; A 1949, 292 ; 1943 NCL § 3035.08]—(NRS A 1969, 1355 ; 1981, 320 ; 1989, 731 ; 1991, 264 , 333 ;

2005, 1311 ; 2015, 169 ; 2017, 1567 ; 2019, 450 , 762 )

NRS 514.040

NRS

514.040

Duties of Bureau.

The Bureau of Mines and Geology shall:

Serve as a bureau of information and exchange on Nevada mineral industry, mineral resources and geology.
By questionnaire, field investigations, laboratory studies or otherwise, conduct a thorough survey of the mineral resources and geology of the State.
Apply geologic engineering principles to problems of conservation, environment, construction, mineral industry and other scientific matters that may be of importance to the welfare of the State.
Make studies of mineral materials to determine the most economical and practical methods of concentrating and processing these resources and to promote their conservation.
Collect, in collaboration with the Mackay School of Mines, a library and bibliography of all literature pertaining to Nevada mineral industry, geology and mineral resources.
Collect, in collaboration with the Mackay School of Mines, typical geological and mineralogical specimens and models, drawings and descriptions of appliances used in the mineral industry and earth science. Collections of these materials may be maintained and displayed elsewhere within or without the State.
Provide for the dissemination of information on the mineral industry, geology and mineral resources of the State through lectures and publications.
Consult with, advise and assist state and local governmental agencies on geological problems of importance to the citizens of Nevada.
Consider such other kindred scientific and economic questions as in the judgment of the Board of Regents shall be deemed of value to the people of the State.

[2:127:1935; 1931 NCL § 4311.02]—(NRS A 1971, 369 )

NRS 514.060

NRS

514.060

Agreements with United States Geological Survey.

The Director of the Bureau of Mines and Geology, for and on behalf of the State of Nevada, with the approval of the Governor, is authorized to enter into agreements with the United States Geological Survey for cooperation in investigating mineral and geological conditions within the State and in the topographic and geologic mapping of Nevada. The expenses of such work must be divided between the parties upon a basis whereby the State of Nevada will not pay more than 50 percent of such expenses.
Money necessary to carry out the provisions of this section must be provided pursuant to NRS 519A.260 .
All claims against such money must be approved by the Director of the Bureau of Mines and Geology, and, when thereafter approved by the State Board of Examiners, must be paid in the same manner as other claims against the State.

[1:40:1953] + [2:40:1953] + [3:40:1953]—(NRS A 1971, 370 ; 1995, 828 )

NRS 517.040

NRS

517.040

Map: Specifications; filing; distribution; use of filing fee.

Within 90 days after posting the notice of location, the locator of a lode mining claim shall prepare two copies of a map of the claim on a scale of not less than 500 feet to the inch, which sets forth the position of the monuments in relation to each other and establishes numbers of the boundary monuments. If the land has been surveyed by the United States, the description must be connected by courses and distances to an official corner of the public land survey. If the land has not been surveyed by the United States or if official corners cannot be found through the exercise of due diligence, the description must be tied by courses and distance to a natural landmark or a readily identifiable artificial landmark which is customarily shown on a map, including, without limitation, a bench mark or the point at which two roads intersect. The description must also state the township and range, and if the lands are surveyed lands, the quarter section and section in which the landmark and the mining claim are situated. The locator is not required to employ a professional surveyor or engineer, but each locator shall prepare a map which is in accordance with the locators abilities to map and properly set forth the boundaries and location of the locators claim. The size of each sheet must be 8 1/2 by 14 inches or 24 by 36 inches. Any 8 1/2- by 14-inch sheet must be capable of being photocopied. Any 24- by 36-inch sheet must be a mylar print or other material capable of being reproduced by standard means.
Within 90 days after the posting of the notice of location, the locator shall file both copies of the map with the county recorder in the county in which the claim is located together with a filing fee of $15 for each claim whose boundaries and location are set forth on the map.
Using the proceeds of these filing fees, the county:

(a) Shall establish and maintain, in accordance with the regulations of the Division, a map of the mining claims in the county that must accurately record the location of all mining claims filed after July 1, 1971;

(b) Shall purchase and maintain the necessary equipment used in establishing, maintaining and duplicating the map; and

Ê The map is a public record.

The county recorder shall not refuse to accept a map submitted by a locator unless the county recorder can affirmatively show that the map submitted does not accurately reflect the location of all the claims.
The county recorder shall send one copy of the locators map and one copy of the certificate of location to the county surveyor as soon as practicable after its receipt.

[Part 2:89:1897; A 1899, 93 ; 1901, 97 ; 1907, 418 ; RL § 2423; NCL § 4121]—(NRS A 1960, 291 ; 1961, 100 ; 1971, 2198 ; 1973, 868 ; 1983, 1609 ; 1985, 1496 , 1691 ;

1987, 318 ; 1993, 1685 ; 1999, 3628 )

NRS 517.090

NRS

517.090

Requirements for location.

The location of a placer claim shall be made in the following manner:

(a) By posting thereon, upon a monument meeting the requirements of NRS 517.030 , erected at any point along the north boundary, a notice of location containing:

(1) The name of the claim;

(2) The name of the locator or locators, together with the post office address of such locator or locators;

(3) The date of location; and

(4) The number of feet or acres claimed; and

(b) By marking the boundaries and the location point in the same manner and by the same means as required by the laws of this state for marking the boundaries of lode claim locations.

Where the United States survey has been extended over the land embraced in the location, the claim may be taken by legal subdivisions, and, except the marking of the location point as prescribed in subsection 1, no other markings than those of such survey shall be required.

[13:89:1897; A 1899, 93 ; C § 220; RL § 2434; NCL § 4132]—(NRS A 1971, 2200 )

NRS 517.100

NRS

517.100

Map: Specifications; filing; use of filing fee.

Within 90 days after posting the notice of location of a placer claim, the locator shall:

Prepare two copies of a map of the claim which must be of a scale of not less than 500 feet to the inch. If the United States survey has been extended over the land embraced in the location, the claim may be taken and described on the map by legal subdivisions as provided in NRS 517.090 . If the land has not been surveyed by the United States or if official corners cannot be found through the exercise of due diligence, the map must set forth the position of the monuments in relation to each other and establish numbers of monuments, and the descriptions must be tied to a natural landmark or a readily identifiable artificial landmark as provided in NRS 517.040 .
File the maps with the county recorder in the county in which the claim is located together with a filing fee of $1 per acre. One-half of the filing fee must be used by the county to establish and maintain, in accordance with the regulations of the Division, a map of the mining claims in the county that must accurately record the location of all mining claims filed after July 1, 1971, which is a public record. The remaining part of the fee may be used for the same purposes as any other general revenue of the county.

[Part 14:89:1897; A 1899, 93 ; C § 221; RL § 2435; NCL § 4133]—(NRS A 1971, 2200 ; 1985, 1498 ; 1993, 1686 ; 1999, 3629 )

NRS 517.210

NRS

517.210

Survey of location; evidentiary effect of survey and surveyors certificate.

Where a locator, or a locators assigns, has the boundaries and corners of his or her claim established by a United States Mineral Surveyor, or a licensed surveyor of this state, and his or her claim connected with a corner of the public or minor surveys of an established initial point, and incorporates into the record of the claim the field notes of the survey, and attaches to and files with the certificate of location a certificate of the surveyor setting forth:

That the survey was actually made by the surveyor, giving the date thereof;
The name of the claim surveyed and the location thereof; and
That the description incorporated in the declaratory statement is sufficient to identify,

Ê the survey and certificate become a part of the record, and the record is prima facie evidence of the facts therein contained.

[8:89:1897; C § 215; RL § 2429; NCL § 4127]—(NRS A 1985, 1502 )

NRS 517.213

NRS

517.213

Inclusion of patented mines and mining claims on county map; conformity of discrepancy between county map and record of survey showing location of mine or claim; duty of county recorder to provide map to county assessor.

The county recorder shall include all patented mines and mining claims in the county on the county map of mining claims in a manner which clearly distinguishes the patented mines and mining claims from the unpatented claims.
When a record of survey filed with the county by a registered surveyor shows the location of a patented mine or mining claim, the county recorder shall conform the county map to the record of survey if there is any discrepancy between the two maps concerning the location of the mine or claim.
A county recorder who records a map pursuant to this section shall, within 7 working days after the county recorder records the map, provide to the county assessor at no charge:

(a) A duplicate copy of the map and any supporting documents; or

(b) Access to the digital map and any digital supporting documents. The map and supporting documents must be in a form that is acceptable to the county recorder and the county assessor.

(Added to NRS by 1985, 1494 ; A 1989, 50 ; 2001, 1566 ; 2003, 2792 )

NRS 517.215

NRS

517.215

Comparison of record of survey to county map of mining claims; notice of proposal to change county map; change to county map if no hearing requested; hearing upon request.

When a record of survey filed with the county recorder by a professional land surveyor shows the location of a mining claim, the county recorder shall compare that record of survey to the county map of mining claims and ascertain whether the location of the claim is accurate according to the record of survey.
If the county map inaccurately shows the location of the claim, the county recorder shall propose a change to the county map and mail a notice to all persons whose claims would be affected by the proposed change.
The notice must include:

(a) A description of the proposed change; and

(b) A statement advising the owner of the claim that the proposed change will be made unless the owner makes a written request to the county recorder for a hearing within 30 days.

If a request for a hearing is not received by the county recorder within 30 days after he or she mailed the notice, the county recorder shall make the proposed change to the county map.
Upon receipt of a request for a hearing the county recorder shall request the board of county commissioners to hold a hearing on the proposed change.
Upon receipt of such a request the board of county commissioners shall, after notifying the county recorder and the owner of the mining claim at least 30 days in advance, hold a hearing and determine whether the proposed change is to be made.

(Added to NRS by 1985, 1494 ; A 1989, 797 )

NRS 522.040

NRS

522.040

Powers and duties of Division.

Except as otherwise provided in NRS 522.119 :

The Division has jurisdiction and authority over all persons and property, public and private, necessary to effectuate the purposes and intent of this chapter.
The Division shall make investigation to determine whether waste exists or is imminent, or whether other facts exist which justify or require action by it.
The Division shall adopt regulations, make orders and take other appropriate action to effectuate the purposes of this chapter.
The Division may:

(a) Require:

(1) Identification of ownership of wells, producing leases, tanks, plants and drilling structures.

(2) The making and filing of reports, well logs and directional surveys. Logs of exploratory or wildcat wells marked confidential must be kept confidential for 6 months after the filing thereof, unless the owner gives written permission to release those logs at an earlier date.

(3) The drilling, casing and plugging of wells in such a manner as to prevent the escape of oil or gas out of one stratum into another, the intrusion of water into an oil or gas stratum, the pollution of fresh water supplies by oil, gas or salt water, and to prevent blowouts, cavings, seepages and fires.

(4) The furnishing of a reasonable bond with good and sufficient surety conditioned for the performance of the duty to plug each dry or abandoned well or the repair of wells causing waste.

(5) The operation of wells with efficient gas-oil and water-oil ratios, and to fix these ratios.

(6) The gauging or other measuring of oil and gas to determine the quality and quantity thereof.

(7) That every person who produces oil or gas in this State keep and maintain for a period of 5 years within this State complete and accurate record of the quantities thereof, which must be available for examination by the Division or its agents at all reasonable times.

(b) Regulate, for conservation purposes:

(1) The drilling, producing and plugging of wells.

(2) The shooting and chemical treatment of wells.

(3) The spacing of wells.

(4) The disposal of salt water, nonpotable water and oil field wastes.

(5) The contamination or waste of underground water.

[4:202:1953]—(NRS A 1977, 1151 ; 1981, 86 ; 1983, 2079 ; 1993, 1689 ; 2013, 2776 )

DRILLING AND OPERATING PERMITS; DRILLING UNITS

NRS 527.160

NRS

527.160

Duty to survey and investigate to determine presence of forest pests.

The State Forester shall make surveys and investigations to determine the presence of infestations of forest pests. Representatives of the State Forester may enter at reasonable times on public and private lands to make such determinations.

(Added to NRS by 1957, 635 )

NRS 532.090

NRS

532.090

Appointment of technical, clerical and operational staff; persons appointed to conduct snow surveys exempted from state human resources system.

The State Engineer may, with the consent of the Director of the State Department of Conservation and Natural Resources, appoint such technical, clerical and operational staff as the execution of the duties of the State Engineer and the operation of the Division may require.
Snow survey personnel appointed for the purposes of NRS 532.170 are exempt from the provisions of chapter 284 of NRS.

[Part 2:108:1919; A 1929, 143 ; 1949, 450 ; 1943 NCL § 7391]—(NRS A 1957, 653 ; 1959, 552 ; 1963, 71 ; 1985, 434 )

NRS 532.170

NRS

532.170

Agreements concerning use and development of water resources.

Subject to the provisions of subsection 2 and with the approval of the Director of the State Department of Conservation and Natural Resources, the State Engineer, for and on behalf of the State of Nevada, is authorized to enter into agreements with the United States Geological Survey, the United States Soil Conservation Service, and any state agency, subdivision or institution having jurisdiction in such matters, for cooperation in making stream measurements, underground water studies, snow surveys, or any investigations related to the development and use of the water resources of Nevada.
The expenses of such investigations and surveys shall be divided between the parties upon an equitable basis.

[1:117:1945; 1943 NCL § 8259]—(NRS A 1959, 553 )

NRS 532.220

NRS

532.220

Channel Clearance, Maintenance, Restoration, Surveying and Monumenting Program: Establishment; administration; purpose; grant qualification; immunity of state, local and tribal governments; refund of certain fees; certain permits not to be denied for lack of money.

The Channel Clearance, Maintenance, Restoration, Surveying and Monumenting Program is hereby established and must be administered by the State Engineer.
This Program is to aid local governments and tribal governments in this State in the clearance, maintenance, restoration, surveying and monumenting of navigable rivers.
Any incorporated city, county, other political subdivision of this State or tribal government in this State may apply to the State Engineer for a grant under this Program if the incorporated city, county, other political subdivision or tribal government requesting the money agrees to match the state grant equally.
The State, its departments, divisions and agencies, an incorporated city, a county, all other political subdivisions of this State and tribal governments in this State, and their employees and agents, are immune from civil liability for damages caused by an alteration or disturbance of a riverbed or flooding sustained as a result of any act or omission by an employee or agent in clearing or causing to be cleared, maintaining or restoring a channel of a river pursuant to this section if the channel is cleared, maintained or restored pursuant to a permit granted by the Division of State Lands of the State Department of Conservation and Natural Resources and such other permits and approvals as are required by law.
The Division of State Lands and the Division of Environmental Protection of the State Department of Conservation and Natural Resources shall refund the application or permit fees, if any, paid by a governmental entity to apply for a state permit to perform channel clearance, maintenance, restoration, surveying and monumenting if:

(a) The governmental entity applies for the applicable permits from the Division of State Lands and from the Division of Environmental Protection of the State Department of Conservation and Natural Resources;

(b) The governmental entity obtains all other permits and approvals as are required by law;

(d) The grant is denied for lack of money in the Account for the Channel Clearance, Maintenance, Restoration, Surveying and Monumenting Program after:

(1) The State Engineer requests an allocation from the Contingency Account pursuant to subsection 4 of NRS 532.230 ; and

(2) An allocation from the Contingency Account is not made within 90 days after the request is made.

A state permit must not be denied for lack of money in the Account for the Channel Clearance, Maintenance, Restoration, Surveying and Monumenting Program.
As used in this section, navigable river means a river or stream that is used, or is susceptible of being used, in its ordinary condition for trade or travel in the customary modes of trade or travel on rivers or streams.

(Added to NRS by 1973, 821 ; A 1979, 114 ; 1985, 305 ; 1989, 1692 ; 1993, 112 ; 1997, 2221 ; 1999, 1240 ; 2023, 58 )

NRS 532.230

NRS

532.230

Account for the Channel Clearance, Maintenance, Restoration, Surveying and Monumenting Program.

The Account for the Channel Clearance, Maintenance, Restoration, Surveying and Monumenting Program is hereby created in the State General Fund.
The money in the Account must be administered by the State Engineer and must be expended only to aid local governments or tribal governments in the manner provided in NRS 532.220 .
If the balance in the Account is below $250,000, the State Engineer may request an allocation from the Contingency Account pursuant to NRS 353.266 , 353.268 and 353.269 .
If the balance in the Account is not sufficient to provide a grant of money to an incorporated city, a county, a political subdivision of this State or a tribal government in this State, the State Engineer shall request an allocation from the Contingency Account pursuant to NRS 353.266 , 353.268 and 353.269 .

(Added to NRS by 1995, 865 ; A 1997, 2222 ; 1999, 1241 ; 2023, 59 )

NRS 533.080

NRS

533.080

State water right surveyors: Certain projects required to be performed by surveyor; qualifications; appointment; regulations; compensation; State Engineers Water License Account.

All maps, surveys and measurements of water required pursuant to this chapter must be made by a state water right surveyor. No survey, map or measurement of flow of water may be approved by the State Engineer unless the survey is made by a state water right surveyor.
Any licensed professional engineer or land surveyor who has a practical knowledge of surveying or engineering and who is familiar with land surveying and mapping and the measurement of water, and who is of good moral standing, must be considered for appointment as a state water right surveyor upon application to the State Engineer. The application must be in the form prescribed by the State Engineer and accompanied by a fee of $50.
The State Engineer may require any applicant for appointment to the position of state water right surveyor to pass such reasonable examination as to the applicants qualifications as is provided by the State Engineer.
Whenever the State Engineer approves the qualifications of an applicant, the State Engineer shall issue a certificate to the applicant designating the applicant as a state water right surveyor.
Every water right surveyors certificate expires on June 30 of each year unless renewed by application in the form prescribed by the State Engineer. A fee of $20 must be paid each year for renewal. All application and renewal fees must be accounted for in the State Engineers Water License Account, which is hereby created in the State General Fund, and must be used to pay costs pertaining to the certificate and renewal and other costs associated with carrying out the provisions of this section.
An appointment may be revoked by the State Engineer at any time for good cause shown.
The State Engineer may provide such additional regulations governing the qualifications and official acts of state water right surveyors as are reasonable and not inconsistent with this chapter.
The State of Nevada is not liable for the compensation of any state water right surveyor, but a state water right surveyor is entitled to be paid by the person employing the state water right surveyor.
Officers and employees of the Federal Government or a tribal government are entitled to apply for the position of state water right surveyor and are exempt from the requirement that a state water right surveyor must be a professional engineer or professional land surveyor set forth in subsection 2. Any certificate issued to those officers and employees must include a restriction limiting those officers and employees to work for the Federal Government or tribal government, as applicable.
As used in this section, tribal government has the meaning ascribed to it in NRS 532.005 .

[91:140:1913; added 1921, 171 ; NCL § 7978]—(NRS A 1967, 990 ; 1979, 114 ; 1991, 62 , 1782 ;

1997, 1069 ; 2023, 59 )

NRS 533.100

NRS

533.100

Investigation of flow of stream and ditches by State Engineer; preparation of surveys and maps.

The State Engineer shall begin an investigation of the flow of the stream and of the ditches diverting water, and of the lands irrigated therefrom, and shall gather such other data and information as may be essential to the proper determination of the water rights in the stream.
The State Engineer shall:

(a) Reduce his or her observations and measurements to writing.

(b) If necessary, execute surveys or cause them to be executed.

(c) If necessary, prepare, or cause to be prepared, maps from the observations of such surveys in accordance with such uniform rules and regulations as the State Engineer may adopt.

The surveys and maps shall show with substantial accuracy:

(a) The course of the stream.

(b) The location of each ditch or canal diverting water therefrom, together with the point of diversion thereof.

(c) The area and outline of each parcel of land upon which the water of the stream has been employed for the irrigation of crops or pasture.

(d) The kind of culture upon each of the parcels of land.

The map shall be prepared as the surveys and observations progress, and, when completed, shall be filed and made of record in the Office of the State Engineer. Such map for original filing in the Office of the State Engineer shall, in addition to complying with any other applicable rule or regulation of the State Engineer, be on a scale of not less than 1,000 feet to the inch.

[20:140:1913; 1919 RL p. 3228; NCL § 7907]—(NRS A 2017, 707 ; 2023, 1035 )

NRS 533.105

NRS

533.105

Use of data compiled by United States Geological Survey or other persons.

If satisfactory data are available from the measurements and areas compiled by the United States Geological Survey or other persons, the State Engineer may dispense with the execution of such surveys and the preparation of such maps and stream measurements, except insofar as is necessary to prepare them to conform with the rules and regulations, as provided in NRS 533.100 .

[21:140:1913; 1919 RL p. 3228; NCL § 7908]—(NRS A 2017, 707 , 3556 )

NRS 533.115

NRS

533.115

Blank forms enclosed with notice; form of proof; preparation of map. [Effective through December 31, 2027.]

The State Engineer shall, in addition, enclose with the notice to be mailed as provided in subsection 4 of NRS 533.095 , blank forms upon which a claimant who has not submitted proof pursuant to NRS 533.087 shall present in writing all particulars necessary for the determination of the claimants right in or to the waters of the stream system. The form for a proof of appropriation must include the following:

(a) The name and mailing address of the claimant.

(b) The nature of the right or use on which the claim for appropriation is based.

(c) The time of the initiation of such right, the priority date claimed and a description of the place of diversion and works of diversion and distribution.

(d) The date of beginning of construction.

(e) The date when completed.

(f) The dates of beginning and completion of enlargements.

(g) The dimensions of the ditch as originally constructed and as enlarged.

(h) The date when water was first used for irrigation or other beneficial purposes.

(i) If the water was used for irrigation, the number of acres irrigated the first year, the number of acres irrigated in subsequent years, the dates of irrigation, the area and location of the lands which were irrigated, the character of the soil and the kind of crops cultivated, the rate of diversion and the number of acre-feet of water per annum required to irrigate the land.

(j) If the water was used for a beneficial purpose other than irrigation, the rate of diversion and the number of acre-feet of water used annually.

(k) If the water was used for watering livestock, the number and type of livestock.

(l) Any other facts as will show the extent and nature of the right and compliance with the law in acquiring the same, as may be required by the State Engineer.

A claimant must submit a separate proof of appropriation for each source of water of the stream system in which or to which the claimant claims a right.
The proof of appropriation submitted by the claimant must be accompanied by a map prepared, except as otherwise provided in subsection 4, in accordance with and depicting any information required pursuant to the requirements of subsections 3 and 4 of NRS 533.100 .
If the map submitted with a proof of appropriation is prepared for water used for watering livestock, the map must be on a scale of not less than 1:24,000 or a map prepared by the United States Geological Survey covering a quadrangle of 7 1/2 minutes of latitude and longitude, and further identifying the location or extent of the livestock use by one-sixteenth sections within a numbered section, township and range.

[23:140:1913; 1919 RL p. 3229; NCL § 7910]—(NRS A 2017, 707 , 3557 ; R 2017, 3560 , effective January 1, 2028; 2023, 1036 )

NRS 533.125

NRS

533.125

Commencement of taking of proofs; extension of time; determination of rights if claimant neglects or refuses to make proof; defective proof or map; filing corrected proof of map. [Effective through December 31, 2027.]

The State Engineer shall commence the taking of any proofs not submitted pursuant to NRS 533.087 on the date fixed and named in the notice provided for in NRS 533.095

for the commencement of the taking of proofs. The State Engineer shall proceed therewith during the period fixed by the State Engineer and named in the notice, after which no proofs shall be received by or filed by the State Engineer. The State Engineer may, in his or her discretion, for cause shown, extend the time in which proofs may be filed.

Upon neglect or refusal of any person to make proof of his or her claim or rights in or to the waters of such stream system, as required by this chapter, prior to the expiration of the period fixed by the State Engineer during which proofs may be filed, the State Engineer shall determine the right of such person from such evidence as the State Engineer may obtain or may have on file in the Office of the State Engineer in the way of maps, plats, surveys and transcripts, and exceptions to such determination may be filed in court, as provided in this chapter.
If a proof of appropriation or a supporting map is found to be defective, it shall be returned with a statement explaining why the proof or map was found to be defective. The date of the return must be marked on the proof or map and a record of the return made in the Office of the State Engineer.
A person may file a corrected proof of appropriation or supporting map with the Office of the State Engineer within 60 days after the date of return marked on the proof or map. A defective proof of appropriation or supporting map that is not properly corrected and refiled within 60 days must be rejected. Upon application for an extension of time within the 60-day period, the State Engineer may, in his or her discretion, grant an extension of time not to exceed 60 days in which the person may file the corrected proof of appropriation or supporting map.

[25:140:1913; A 1915, 378 ; 1919 RL p. 3230; NCL § 7912]—(NRS A 2017, 709 , 3558 ; R 2017, 3560 , effective January 1, 2028)

NRS 533.240

NRS

533.240

All claimants to be made parties in any suit brought to determine rights; State Engineer to prepare hydrographic survey of stream system; costs; transfer of suit to State Engineer for determination.

In any suit brought in the district court for the determination of a right or rights to the use of water of any stream, all persons who claim the right to use the waters of such stream and the stream system of which it is a part shall be made parties.
When the suit has been filed, the court shall direct the State Engineer to furnish a complete hydrographic survey of the stream system as provided in NRS 533.100

in order to obtain all physical data necessary to the determination of the rights involved.

The cost of the suit, including the costs on behalf of the State and of the surveys, shall be charged against each of the private parties thereto based on a determination by the court of the relative merits of the claims made by each of the private parties. The court may assess and charge against any party at any time during the suit an equitable amount to pay the costs of the survey upon its approval of an itemized statement therefor submitted by the State Engineer.
The court may at any time transfer the suit to the State Engineer for determination as provided in this chapter.

[45:140:1913; 1919 RL p. 3234; NCL § 7930]—(NRS A 1975, 71 )

NRS 533.250

NRS

533.250

Admissibility of maps, plats, surveys and evidence on file in office of State Engineer; notice by State Engineer of intention to consider evidence and submission of findings to court.

Any and all maps, plats, surveys and evidence on file in the Office of the State Engineer relating to any proof of appropriation involved in the proceeding for the determination of the relative rights in and to the waters of any stream system, obtained or filed under the provisions of this chapter or any preceding act relating to the Office of State Engineer, shall be admissible in court and shall have the same force and effect as though obtained and submitted under the provisions of this chapter.
At least 90 days prior to the rendering of his or her order of determination of the relative rights in and to the waters of any stream system, the State Engineer shall notify all parties in interest of his or her intention to consider such maps, plats and evidence, and of his or her intention to submit the findings of the State Engineer to the court under the provisions of this chapter.
Within 60 days after such notice, any party in interest may file with the State Engineer any additional or supplementary maps, plats, surveys or evidence, or objections to the admissibility of any evidence hitherto presented and on file in the office of the State Engineer, in relation to his or her claim of water right or adverse to the claim or claims of the water right of any other party or parties in interest, in order so to perfect his or her claim in accordance with the provisions of this chapter, and the State Engineer shall consider the whole thereof in rendering such order of determination, and the same shall become a part of the record which shall be submitted to the court as provided by NRS 533.165 to 533.235 , inclusive.

[88a:140:1913; added 1915, 378 ; 1919 RL p. 3248; NCL § 7975]—(NRS A 2017, 713 , 3558 )

NRS 533.260

NRS

533.260

Regulations of State Engineer requiring blueprints from claimants to be attached to proofs.

The State Engineer shall have power to make and enforce such reasonable rules and regulations for the furnishing by claimants of blueprints of particular parcels of land shown on the map prepared by the State Engineer, and for such supplementary surveys and examinations or such inspection by the State Engineer as may be required, to the end that observations and surveys of the State Engineer may be made, insofar as practicable, available to the claimants for attachment to the proofs to be filed by them.

[50:140:1913; 1919 RL p. 3235; NCL § 7935]

NRS 533.295

NRS

533.295

Limitation on use of Water District Account; expenses defined.

Except as otherwise provided in NRS 534.040 , money in the Water District Account must be used exclusively for expenses incurred in the administration, operation and maintenance of the particular stream system from which the money is budgeted and collected.
The term expenses referred to in NRS 533.270 to 533.290 , inclusive, includes salaries, hydrographic surveys, per diem expenses, car rental, equipment, including necessary automobiles, supplies and materials incidental to the proper administration and distribution of water.

[Part 52:140:1913; A 1915, 378 ; 1919, 384 ; 1921, 171 ; 1931, 357 ; 1945, 87 ; 1947, 518 ; 1951, 132 ]—(NRS A 1979, 667 ; 1991, 1784 ; 1993, 2348 )

NRS 533.310

NRS

533.310

Administration of distribution by State Engineer if rights determined in manner other than provided in

NRS 533.090

533.265

, inclusive: Petition to district court; notice; hearing; order; appeal.

On any stream in this state on which the water rights have been adjudicated and determined and the final decree therefor entered, as between all persons who claimed the right to the use of the waters of such stream, in a suit brought in the district court having jurisdiction of such stream and in which suit the adjudication and determination was not had in the manner provided in NRS 533.087 to 533.265 , inclusive, and thereafter one or more of the parties as users of such adjudicated and determined rights or their successors in interest desire that the State Engineer take charge of the diversions and distribution of such rights and administer them in conformity with the final decree of the court, they may petition the district court which entered the decree requesting such administration.
Upon the filing of such petition, the district court shall direct that notice of the filing of the petition shall be given to each water user or claimant to a water right listed in the final decree. The notice shall be an order to show cause on the day fixed in the order by the court, which day shall not be less than 10 days nor more than 25 days from and after the date of issuance thereof, and which order shall direct the person or persons therein named to attend before the court on that day and show cause, if any they or each of them may have, why the petition should not be granted. The court shall designate the form and direct the preparation of the order or orders to show cause and by its order direct the manner, mode and the payment of the cost of the service thereof.
For the purpose of the hearing on the petition, such petition shall be deemed in the nature of a complaint. Objections of the water users or claimants, or any of them, to the granting of the petition shall be in writing signed by such users or claimants, or by any attorneys thereof. No other pleading shall be filed. Costs shall be paid as in civil cases brought in the district court, except by the State Engineer or the State. The practice in civil cases shall apply insofar as consistent with the summary character of the proceedings. The State Engineer shall be given notice of and, in person or by assistant or deputy state engineer, shall attend upon the hearing of the petition.
The court, prior to the final determination of the matter, may, by an order duly entered and served upon the State Engineer, direct the State Engineer to make a hydrographic survey of the stream system and to render to the court a written report, together with such maps and other necessary data as will enable the court to determine whether or not administration of such water rights by the State Engineer would be in the best interest of the water users.
If the district court finally determines the matter affirmatively, the court shall, by its judgment duly entered and served on the State Engineer, direct the State Engineer to distribute such waters in strict accordance with the decree, and from and after the filing of such judgment in the district court and service thereof on the State Engineer the administration of the decree and the distribution of the water thereunder shall be under the supervision and control of the district court, and the State Engineer, the State Engineers deputies, assistants and water commissioners, when engaged in the administration of the final decree and the distribution of the water thereunder, shall be deemed officers of the district court only and subject only to its supervision and control.
Appeals may be taken from the judgment so entered to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution in the same manner and within the time as provided in NRS 533.450 .

[Part 46 1/2:140:1913; added 1947, 518 ; A 1949, 102 ; 1951, 158 ]—(NRS A 2013, 1787 )

NRS 533.315

NRS

533.315

Payment of certain costs in proceeding under

NRS 533.310

The cost of the hydrographic survey of the stream system and the preparation of the reports and maps by the State Engineer necessary to advise the court in proceedings under NRS 533.310 shall be paid by the water users of the stream upon approval and order of the district court of an itemized statement therefor submitted by the State Engineer.

[Part 46 1/2:140:1913; added 1947, 518 ; A 1949, 102 ; 1951, 158 ]—(NRS A 1975, 72 )

NRS 533.400

NRS

533.400

Verified statement to be filed with State Engineer by holder of permit within time set in endorsement on permit: Contents of statement; proof of beneficial use.

Except as otherwise provided in subsection 2, on or before the date set in the endorsement of a permit for the application of water to beneficial use, or on the date set by the State Engineer under a proper application for extension therefor, any person holding a permit from the State Engineer to appropriate the public waters of the State of Nevada, to change the place of diversion or the manner or place of use, shall file with the State Engineer a statement under oath, on a form prescribed by the State Engineer. The statement must include:

(a) The name and post office address of the person making the proof.

(b) The number and date of the permit for which proof is made.

(d) The name of the canal or other works by which the water is conducted to the place of use.

(e) The name of the original person to whom the permit was issued.

(f) The purpose for which the water is used.

(g) If for irrigation, the actual number of acres of land upon which the water granted in the permit has been beneficially used, giving the same by 40-acre legal subdivisions when possible.

(h) An actual measurement taken by a licensed state water right surveyor or an official or employee of the Office of the State Engineer of the water diverted for beneficial use.

(i) The capacity of the works of diversion.

(j) If for power, the dimensions and capacity of the flume, pipe, ditch or other conduit.

(k) The average grade and difference in elevation between the termini of any conduit.

(l) The number of months, naming them, in which water has been beneficially used.

(m) The amount of water beneficially used, taken from actual measurements, together with such other data as the State Engineer may require to become acquainted with the amount of the appropriation for which the proof is filed.

The provisions of subsection 1 do not apply to a person holding an environmental permit or a temporary permit issued pursuant to NRS 533.436 or 533.504 .

[Part 69:140:1913; A 1951, 132 ]—(NRS A 1967, 991 ; 1991, 760 ; 2011, 1569 ; 2013, 503 , 3679 )

NRS 533.405

NRS

533.405

State Engineer may require map; contents.

The State Engineer may, in his or her discretion, request that the statement required by NRS 533.400 be accompanied by a map on a scale of not less than 1,000 feet to the inch, which shall show with substantial accuracy the following:

(a) The point of diversion by legal subdivisions or by metes and bounds from some corner, when possible, from the source of supply.

(b) The traverse of the ditch or other conduit, together with cross sections of the same.

(c) The legal subdivisions of the land embraced in the application for the permit and the outline by metes and bounds of the irrigated area, with the amount thereof.

(d) The average grade and the difference in elevation of the termini of the conduit, and the carrying capacity of the same.

(e) The actual quantity of water flowing in the canal or conduit during the time the survey was being made.

The map must bear the affidavit of the surveyor or engineer making such survey and map. If the survey and map are made by different persons the affidavit of each must be on the map, showing that the map as compiled agrees with the survey.
The map shall conform with such rules and regulations as the State Engineer shall make, which rules shall not be in conflict herewith.

[Part 69:140:1913; A 1951, 132 ; 2023, 1039 ]

NRS 533.420

NRS

533.420

Surveyor or engineer may be barred from practice before State Engineer for swearing falsely.

Should it be found upon inspection of the premises by the State Engineer that the surveyor or engineer had sworn falsely to the map and survey, the surveyor or engineer may, in the discretion of the State Engineer, be barred from the further practice of engineering in any matters before the State Engineer, in addition to suffering the penalties prescribed by law for swearing falsely to any affidavit.

[71:140:1913; 1919 RL p. 3243; NCL § 7956]

NRS 533.492

NRS

533.492

Subsisting right to water livestock: Manner of proof; marking of location of right.

A subsisting right to water livestock may be proven by an owner of livestock by one or more of the following items of evidence for the number of livestock and date of priority:

(a) As to water rights on open range, whether public lands or unfenced private lands or a combination of these:

(1) A statement of priority of use submitted to the Taylor Grazing Service, predecessor to the Bureau of Land Management, to show the numbers of livestock grazed upon the open range, for years from 1928 to 1934, inclusive, if accompanied by evidence of changes or absence of change since the date of the statement;

(2) A license issued by the Taylor Grazing Service for use upon the open range; or

(3) A statement of priority of use, or a license, issued by the United States Forest Service for the grazing of livestock before 1950.

(b) As to water rights on other privately owned land:

(1) An affidavit concerning the number and kind of livestock by a person familiar with the use made of the lands;

(2) A record of livestock assessed to the claimant of the right, or the claimants predecessor, by a county assessor;

(3) A count of livestock belonging to the claimant or the claimants predecessor made by a lender; or

(4) An affidavit of a disinterested person.

The location of a subsisting right to water livestock and its extent along a stream may be shown by marking upon a topographic map whose scale is not less than 1:24,000 or a map prepared by the United States Geological Survey covering a quadrangle of 7 1/2 minutes of latitude and longitude and by further identifying the location or extent by one-sixteenth sections within a numbered section, township and range as certified by a registered state water right surveyor.

(Added to NRS by 1993, 1944 ; A 2017, 3504 )

NRS 536.070

NRS

536.070

Examination and survey of private land; condemnation; appeal from findings of appraiser.

Any person or persons proposing to construct a ditch or flume under the provisions of NRS 536.060 to 536.090 , inclusive, shall have the right to enter upon private lands for the purpose of examining and surveying the same.
Where such lands cannot be obtained by the consent of the owner or owners thereof, so much of the same as may be necessary for the construction of the ditch or flume may be appropriated by such person or persons after making compensation therefor, as follows. Such person or persons shall select one appraiser, and the owner or owners shall select one, and the two so selected shall select a third. In case the owner or owners shall from any cause fail, for the period of 5 days, to select an appraiser as herein provided, then the appraiser selected by the person or persons proposing to construct the ditch or flume shall select a second appraiser, and the two so selected shall select a third. In either case the three selected shall, within 5 days after their selection, meet and appraise the lands sought to be appropriated, after having been first duly sworn by a person entitled to administer oaths, to make a true appraisement thereof, according to the best of their knowledge and ability.
If such person or persons shall tender to such owner or owners the appraised value of such land, they shall be entitled to proceed in the construction of the ditch or flume over the lands so appraised, notwithstanding such tender may be refused; but such tender shall always be kept good by such person or persons.
An appeal may be taken by either party from the findings of the appraisers to the district court of the county within which the lands so appraised shall be situated, at any time within 10 days after such appraisement.

[2:100:1866; A 1869, 129 ; B § 3853; BH § 363; C § 426; RL § 4711; NCL § 7998]

NRS 536.100

NRS

536.100

Examination and survey of private land; appropriation of land.

Any person or persons who have constructed or who may construct any ditch or flume for the purpose of diverting the water of any river or stream in and on to their lands for the purpose of irrigating and cultivating the same, or who own or control or may own and control any such ditch or flume, and who have no natural or artificial ditch or way for conveying off any or all surplus water from such lands shall have the right to enter upon private lands for the purpose of examining and surveying the same for the purpose of constructing and maintaining a waste ditch and the necessary flumes connected therewith.
When such lands cannot be obtained by the consent of the owner or owners thereof, so much of the same as may be necessary for the construction of the waste ditch and flumes may be appropriated therefor in the same manner as is provided for the appropriation of lands of others in NRS 536.060 to 536.090 , inclusive.

[1:80:1887; C § 429; RL § 4714; NCL § 8001]

USE OF STATE LAND

NRS 538.400

NRS

538.400

Investigations of water resources; other powers. [Effective until the effective date of the California-Nevada Interstate Compact (

NRS 538.600

).]

The commissioners of the State of Nevada shall have full authority:

To make such investigation of the water resources within the basins of the Truckee, Carson and Walker Rivers and Lake Tahoe as may be necessary in order to determine the facts as to physical conditions obtaining upon such water resources.
To make reports to the Legislature of the State of Nevada.
To perform such other duties as may be necessary to determine sufficiently such facts, and to secure the necessary information in order that they may properly perform their duties as commissioners of the State of Nevada upon the joint commission.
To accept grants of money from and to make contracts with any person or agency, public or private, including the United States Government, for the purpose of making planning surveys in the area as determined by the Commission, and to cooperate with the appropriate federal, state and county agencies in having such planning surveys made.

[9:153:1955]—(NRS A 1957, 528 )—(R effective on effective date of the California-Nevada Interstate Compact (NRS 538.600))

NRS 538.600

NRS

538.600

California-Nevada Interstate Compact: Ratification and approval; text.

The Legislature of the State of Nevada hereby ratifies and approves the California-Nevada Interstate Compact as set forth in this section. The provisions of the Compact shall become the law of this state upon the compact becoming operative as provided in Article XXII of the Compact. The provisions of the California-Nevada Interstate Compact are as follows:

ARTICLE I. Purposes

Consistent with the provisions of the authorization Acts of the State of California and the State of Nevada and the United States, the major purposes of this compact are to provide for the equitable apportionment of water between the two states; to promote interstate comity and to further intergovernmental cooperation; to protect and enhance existing economies; to remove causes of present and future controversies; to permit the orderly integrated and comprehensive development, use, conservation and control of the water within the Lake Tahoe, Truckee River, Carson River, and Walker River Basins.

ARTICLE II. Definitions

A. The terms California and Nevada shall mean respectively the State of California and the State of Nevada.

B. The term commission shall mean the administrative agency created by Article IV of this compact.

C. The term Lake Tahoe Basin shall mean the drainage area naturally tributary to Lake Tahoe including said Lake or to the Truckee River upstream from the Truckee River intersection with the western boundary of Section 12, Township 15 North, Range 16 East, Mount Diablo Base and Meridian.

D. The term Truckee River Basin shall mean the area which naturally drains into the Truckee River and its tributaries and into Pyramid Lake including such lake, but excluding the Lake Tahoe Basin.

E. The term Carson River Basin shall mean the area which naturally drains into the Carson River and its tributaries and to the Carson River Sink, but excluding the Humboldt River drainage area.

F. The term Walker River Basin shall mean the area which naturally drains into the Walker River and/or Walker Lake upstream from the intersection of the river and/or lake in Mineral County, Nevada, with the northern township line of Tier 10 North, Mount Diablo Base Line.

G. Except as otherwise expressly provided in this compact the terms existing, present and presently shall mean as of 1964.

H. The term effective date of the compact shall be the date on which the legislation provided for in Article XXII (1) and (2) shall become law.

I. Measured means the determination of the relevant amount of water in cubic feet per second or gallons per minute or acre-feet by the use of a current meter, rated weir, rated flume, pipeline water meter, computation from contour maps, or any other method which results in a reasonably accurate determination based on sound engineering practices.

ARTICLE III. Sovereign Relationship

A. Each state shall have jurisdiction to determine, pursuant to its own laws, the rights to the use of waters allocated to it herein; provided, however, that the right to use such water shall be limited to such quantities of water as shall reasonably be required for the beneficial use to be served and shall not extend to the waste or unreasonable use of water. Such provision shall not be construed to affect the water rights laws of either state with respect to any waters, other than the waters allocated to the state hereunder. Each state will recognize and accept applications for such permits, licenses or other permissions as are required by the law of the state where the application is filed to enable the other state to utilize water allocated to such other state. This provision shall neither require nor prohibit the United States of America from complying with provisions of state law relating to the appropriation of water allocated to the states by this compact.

B. Each state shall cooperate with the other in securing to each the right to fully utilize the rights and privileges granted and waters allocated to each hereunder.

C. The use of water by the United States of America or any of its agencies, instrumentalities or wards shall be charged as a use by the state in which the use is made.

ARTICLE IV. The California-Nevada Compact Commission

A. Creation and Composition

There is hereby created an interstate compact commission to be designated as the California-Nevada Compact Commission herein referred to as the commission.
The commission shall consist of five members from each state and one member as representative of the United States chosen by the President of the United States who is hereby requested to appoint such a representative. The United States member shall be ex officio chairman of the commission without vote and shall not be a domiciliary of or reside in either state.

(a) The California members of the commission shall consist of the Director of the Department of Water Resources of the State of California, and four (4) members appointed by the Governor of California, all of whom shall be residents of the State of California. One of the four members so appointed shall be a resident of the Lake Tahoe Basin, one shall be a resident of the Truckee River Basin, one shall be a resident of the Walker River Basin and one shall be a resident of the Carson River Basin.

(b) The Nevada members of the commission shall consist of the State Engineer of the State of Nevada (who additionally shall represent all Nevada areas not otherwise represented as herein provided), and four (4) members appointed by the Governor of Nevada, each of whom shall be a resident of the State of Nevada and represent a specific area therein as below defined, provided that the Governor shall not appoint any person a member of such commission if he determines that such person has a conflicting interest in California. One of the four members so appointed shall be a resident real property owner within and represent the Reno-Sparks metropolitan area (including adjacent agricultural area) and be fully qualified by knowledge and experience in connection with the water requirements and supply for such area; the other three members so appointed shall be representative of the common interest and goals of all water users of the area and each shall have broad practical experience in water management, and one shall be a resident real property owner within and represent the Walker River Basin in Nevada, another shall be a resident real property owner within and represent the Carson River Basin in Nevada upstream from Lahontan Reservoir, and the third shall be a resident real property owner within and represent the area within the Truckee-Carson Irrigation District in Nevada.

The term of office of the four members of the commission appointed by each Governor shall be four (4) years. The Governor of each state, upon appointment of the first members of the commission, shall designate one member of the commission to serve for a period of one year, one member to serve for a period of two years, one member to serve for a period of three years, and one member to serve for a period of four years. Thereafter, members shall be appointed for the regular term of four years as the terms expire.
Interim vacancy, for whatever cause, in the office of any member of the commission shall be filled for the unexpired term in the same manner as hereinabove provided for regular appointment.
The appointed members of the California-Nevada Compact Commission shall be designated within ninety (90) days after the effective date of the compact. Within thirty (30) days after such members have been appointed and the federal representative designated, the commission shall meet and organize.

B. Finances

The salaries and the personal expenses of each member of the commission shall be paid by the government he represents. All other expenses which are incurred by the commission incident to the administration of this compact and which are not paid by the United States or by other funds received by the commission shall be borne equally by the two states.
The commission shall adopt a budget covering the commissions estimate of its expenses for each of the following two fiscal years; provided, that whenever the legislatures of both states appropriate funds on an annual basis the commission shall submit its budget on such annual basis. The commission shall submit said budget to the Governors of the two states for joint review and approval and to the President of the United States at the earliest date prescribed by the two states for submission of proposed budgets. Each state shall appropriate one-half of the funds necessary to meet said budget requirements, which appropriations shall be made available to the commission as of July 1 of each fiscal year for such fiscal years operations. All unexpended and unencumbered funds from such appropriations shall be returned by the commission in equal proportions to the states to the credit of the state fund from which said appropriation was made. All receipts and disbursements of funds handled by the commission shall be subject to a joint audit by the states and the report of said audit shall be included, and become a part of the annual report of the commission.
The commission shall not pledge the credit of any government except by and with the authority of the legislative body thereof given pursuant to and in keeping with the Constitution of said government. The commission shall not incur any obligations prior to the availability of funds adequate to meet the same.
The commission shall make and transmit to the Legislature and Governor of each state and to the President of the United States an annual report covering the finances and activities of the commission and embodying such plans, recommendations and findings as may have been adopted by the commission.

C. Meetings and Voting

A quorum for any meeting of the commission shall consist of six members of the commission, provided that at least three members are present from each state.
All meetings of the commission for the consideration of and action on any matters coming before the commission, except matters involving the management of internal affairs of the commission and its staff, or involving litigation in which the commission is a party, shall be open to the public. Matters coming within the exception of this paragraph may be considered and acted upon by the commission in executive session under such rules and regulations as the commission may see fit to establish.
Each state shall have but one vote and every decision, authorization, determination, order or other action shall require the concurring votes of both states, provided that no state shall vote on any action without the concurring vote of not less than three members of the commission from such state.

D. General Powers

The commission shall have power to:

Adopt, amend and revoke bylaws, rules and regulations and prescribe procedures for administration of the provisions of this compact.
Establish such offices as it deems necessary, and acquire and hold property either by purchase, lease or otherwise as may be necessary for the performance of its functions under this compact.
Employ engineering, legal, clerical and other aid as in its judgment may be necessary for the performance of its functions. Such employees shall be paid by and be responsible to the commission and shall not be considered to be employees of either state. The commission may establish workmens compensation benefits directly or by insurance. The commission is authorized to contribute to the cost of health and accident insurance for its employees to the same extent as either state contributes to the cost of such insurance for its employees.
Perform all functions required of it by this compact and to do all things necessary, proper or convenient in the performance of its duties hereunder, either independently or in cooperation with any state, federal or local agency or other entity or person.
Make such findings as are pertinent to this compact including but not limited to findings as to the quantities of water being used in either state, the amount of water available for use pursuant to the allocations made herein, and each states share of the waters allocated.
Install and maintain measuring devices of a type or types approved by the commission in any stream, lake, reservoir, ditch, pumping station or other diversion works on the Truckee, Carson or Walker Rivers or on Lake Tahoe, or on waters tributary thereto, or to require water users at their expense to install and maintain measuring devices, as the commission may determine necessary or proper to carry out the purposes or provisions of this compact. The execution and enforcement of such requirements concerning such measuring devices as shall be enacted by the commission shall be accomplished by the commission directly, or by such federal, state, local or other official or person as the commission may delegate, or by any other agency responsible to or representing a federal court.
Accept gifts of money or real property or anything of value.
Appoint a hearing examiner or examiners who may be members of the commission to conduct hearings and to make recommendations to the commission on any matter requiring a hearing and decision by the commission.
Obtain a right of access to all properties in the Lake Tahoe, Truckee River, Carson River and Walker River Basins whenever necessary for the purpose of administration of this compact. The commission may obtain a court order to enforce this right of access.
Take such action as it deems appropriate for the enforcement of the provisions of this compact.
Administer oaths or affirmations and to compel the attendance of witnesses and the production of documents by the use of subpoena which may be served anywhere within the territorial limits of the United States; said power to administer oaths and affirmations and to compel the attendance of witnesses and the production of documents by the use of subpoena may also be exercised by any hearing examiner appointed as provided in subsection 8 of this Section D.
Contract with the appropriate agency of either state, including the retirement system, to provide retirement and other benefits to commission employees.

E. Whenever the public health or welfare is endangered, the commission may declare the existence of an emergency and, in such event, shall designate the location, nature, cause, area, extent and duration thereof. In the event of an emergency so declared, the commission may, with respect to all matters covered by this compact, do all things necessary, proper or convenient independently or in cooperation with any other agency, person, or entity, to initiate, carry on, and complete any and all remedial measures required to meet said emergency including the adoption and enforcement of any regulations and restrictions necessary for such purpose.

ARTICLE V. Lake Tahoe Basin

A. The right of the United States or its agent to store waters in Lake Tahoe between elevations 6,223.0 and 6,229.1 feet (Lake Tahoe datum) and to release said stored waters for beneficial uses downstream from Lake Tahoe Basin is hereby ratified and confirmed subject to the rights granted in Section D of this article.

B. It is agreed by the states subject to the consent of the head of the federal agency having jurisdiction thereof, that an overflow weir of approximately 140 feet in length with a crest elevation of 6,223.0 feet, Lake Tahoe datum, upstream from the Lake Tahoe outlet gates shall be constructed and installed with necessary channel improvements within four years from the effective date of this compact provided that should the commission decide that it is in the best interests of each of the two states, it may extend such period for such additional period or periods as it may deem reasonable. The cost of this installation shall be borne by the States of California and Nevada in equal amounts. As used herein, Lake Tahoe datum shall be measured with respect to the top surface of the hexagonal brass bolt seven-eighths inch in diameter, projecting one inch from the vertical face of the southerly concrete abutment wall of the present existing Lake Tahoe Dam, at approximately 3.2 feet below the top of the wall and approximately in line with the upstream ends of the cutwaters of the concrete piers between the sluiceways of the dam. This surface of the brass bolt is presumed for the purposes of the compact to have an elevation 6,230.0 feet Lake Tahoe datum, notwithstanding that it was determined by the U.S. Geological Survey on November 15, 1960, to be at an elevation of 6,228.86 feet above sea level datum of 1929.

C. The storage rights in Lake Tahoe shall be operated alone or in conjunction with other reservoirs so as to minimize the period and duration of high and low water elevations in Lake Tahoe, provided that exchanges of water or releases between Lake Tahoe and other reservoirs shall not measurably impair the intended purpose of such reservoirs.

D. Upon construction of the overflow weir provided for in Section B of this article, the total annual gross diversions for use within the Lake Tahoe Basin from all natural sources including ground water and under all water rights in said basin shall not exceed 34,000 acre-feet annually, of which 23,000 acre-feet annually is allocated to the State of California for use within said basin, and 11,000 acre-feet annually is allocated to the State of Nevada for use within said basin. After use of the water allocated herein, neither export of the water from the Lake Tahoe Basin nor the reuse thereof prior to its return to the lake is prohibited. This allocation is conditioned upon the construction of the overflow weir; however, it is recognized that there may well be a period of time between the effective date of the compact and the construction of the overflow weir; during that period of time both states shall be permitted to use waters within the Lake Tahoe Basin subject to the same conditions, both as to place of use and amounts of use, as are provided in this Article V.

E. In addition to the other allocations made by this compact, transbasin diversions from the Lake Tahoe Basin in both states existing as of December 31, 1959, may be continued, to the extent that such diversions are recognized as vested rights under the laws of the state where each such diversion is made.

The diversion of a maximum of 3,000 acre-feet per annum from Marlette Lake for use in Nevada is hereby recognized as an existing transbasin diversion within the meaning of this Section E.

F. Pumping from Lake Tahoe Basin for the benefit of downstream users within the Truckee River Basin shall be permitted only in the event of a drouth emergency as declared by the commission to the extent required for domestic, municipal, and sanitary purposes, and when it is determined by the commission that all other water available for such uses from all sources is being so utilized. In the event of such declaration of emergency, use of this water for such purposes shall have priority over use of water for any other purpose downstream from Lake Tahoe Basin. Pumping shall be done under the control and supervision of the commission and water pumped shall not be charged to the allocation of water to the Lake Tahoe Basin made herein.

ARTICLE VI. Truckee River Basin

The following allocations of water of the Truckee River and its tributaries, including Lake Tahoe releases, are hereby made in the following order of relative priority as between the states:

A. There is allocated to Nevada water for use on the Pyramid Lake Indian Reservation in amounts as provided in the 1944 Truckee River Decree (Final Decree in United States vs. Orr Ditch Company, et al. United States District Court for the District of Nevada, Equity No. A3). By appropriate court order, the United States, for and in behalf of the Pyramid Lake Indians shall have the right to change points of diversion, place, means, manner, or purpose of use of the water so allocated so far as such change may be made without injury to the allocations to either state.

B. There is allocated to California:

The right to divert within the Truckee River Basin in California 10,000 acre-feet of water per calendar year which may be stored in reservoirs at times when the flow in the channel of the Truckee River at the United States Geological Survey Gauging Station at or near the California-Nevada state line exceeds 500 cubic feet per second; provided that such diversions shall not in the aggregate exceed 2,500 acre-feet in any calendar month and the amount of such storage in any one reservoir, except Donner Lake, shall not exceed 500 acre-feet of active storage capacity.
The amount of water as decreed to the Sierra Valley Water Company by judgment in the case of United States vs. Sierra Valley Water Company, United States District Court for the Northern District of California, Civil No. 5597, as limited by said judgment.
Six thousand acre-feet of water annually from the conservation yield of Stampede Reservoir having a storage capacity of 225,000 acre-feet, subject to the execution of a contract or contracts therefor with the United States of America. California may divert all or any portion of said 6,000 acre-feet of conservation yield from Stampede Reservoir directly or by exchanges from any source on the Truckee River or its tributaries or from Lake Tahoe. California shall be allowed to deplete this allocation; provided, that in ascertaining the amount of depletion, credit for return flow shall be limited to the amounts of water which can be measured as a contribution to the Truckee River system.
If and when the water allocated to California in subparagraphs 1 and 3 of this section and in Article V is being used, or such use appears imminent, the commission shall permit California to develop additional yields of water for use in California, either directly or by exchange subject to the following limitations:

(a) All existing beneficial uses of water for domestic, municipal, industrial, and agricultural purposes in Nevada as determined by Nevada law as of that time together with the yield of Stampede Reservoir in excess of 6,000 acre-feet shall be recognized and not impaired by the development of such additional yield.

(b) Additional yields developed for use in California shall be limited to an amount not to exceed an aggregate of 10,000 acre-feet annually, and such development shall be for domestic, municipal, and industrial uses solely. California shall be allowed to deplete this allocation; provided, that in ascertaining the amount of depletion, credit for return flow shall be limited to the amounts of water which can be measured as a contribution to the Truckee River system.

(c) The right of the commission to permit Nevada to share in such additional yield upon participation by Nevada in bearing a proportionate cost of developing such additional yield.

C. The right to store in Prosser Creek Reservoir a maximum of 30,000 acre-feet of water annually with the priority as set forth in California State Water Rights permit 11666 and to release water therefrom as set forth in said permit and any license which may be issued thereunder is hereby recognized and confirmed.

D. There is allocated to Nevada all water in excess of the allocations made in Sections B and C of this article.

ARTICLE VII. Carson River Basin

The following allocations of water of the Carson River and tributaries are hereby made in the following order of priority as between states:

A. There is allocated to the State of California:

The right to divert from the natural flow of the West Fork Carson River and its tributaries for existing nonirrigation uses, and for direct irrigation use commencing on March 15 and ending on October 31 of each year on presently irrigable lands determined to be approximately 5,600 acres, an aggregate flow of water equal to a 30-day average of 3 c.f.s. per 100 acres or 168 c.f.s. for the area as a whole; provided that the 3 c.f.s. per 100-acre limitation shall not prevent greater rates of diversion for those areas which have an established greater rate of use; provided further, however, that the maximum aggregate diversion shall not exceed 185 c.f.s. measured at the points of diversion.

Provided, however, diversions for use downstream from the western boundary of Section 34, Township 11 North, Range 19 East, Mount Diablo Base and Meridian, shall be subject to the following limitations:

(a) Whenever, after the first Monday in May or any day in that week or alternate weeks thereafter of any year the flow of the West Fork of the Carson River at said western boundary shall have fallen below 175 cubic feet per second, then, until October 31 next, water users in California who divert from the West Fork of the Carson River downstream from said western boundary shall rotate all or any portion of the natural flow of the West Fork of the Carson River necessary to satisfy the demand of Nevada lands with water users in Nevada every other week beginning with the week following that in which water is used in Nevada, and during each rotation period said California users shall be entitled to divert the natural flow of the West Fork of the Carson River during their rotation weeks.

(b) Rotation between water users in California and Nevada on the West Fork of the Carson River may be terminated in whole or in part upon approval of the commission for such termination, upon provision being made so that sufficient water is available by storage or exchange to assure that the water users in Nevada will receive at the same time the flow of water which would have been available to the Nevada water users under rotation.

(c) Stock water, domestic water, and water for fire protection purposes may be diverted downstream from said western boundary from the natural flow of the West Fork of the Carson River at all times by owners of irrigation water rights in California whose lands are contiguous to the West Fork of the Carson River; provided, however, that such diversion shall be limited to the amounts actually required to deliver water for such purposes, and any excess over the amount so diverted shall be returned to the West Fork of the Carson River whenever practicable. Water diverted under this provision shall not be converted to any other use. The commission or its designee shall rule on any challenge relative to the necessity and amount of water required for such purposes.

The right to divert from the natural flow of the East Fork Carson River and its tributaries for existing nonirrigation uses, and for direct irrigation use commencing on March 15 and ending on October 31 of each year on presently irrigable lands determined to be approximately 3,820 acres, an aggregate flow of water equal to a 30-day average of 3 c.f.s. per 100 acres or 115 c.f.s. for the area as a whole; provided that the 3 c.f.s. per 100-acre limitation shall not prevent greater rates of diversion for those areas which have an established greater rate of use; provided further, however, that the maximum aggregate diversion shall not exceed 115 c.f.s. measured at the points of diversion.
There is allocated to the State of California the right to store 2,000 acre-feet of water per annum within Alpine County for supplemental use on presently irrigated lands within said county adverse to Lahontan Reservoir but subject to all other existing uses in Nevada. Water stored pursuant to this section remaining at the end of the year shall be deemed to have been stored in the succeeding year.

B. There is allocated to the State of Nevada:

The right to divert water from the natural flow of the Carson River and its tributaries during the period commencing March 15 and ending October 31 of each year at the rate of 3 c.f.s. per 100 acres for use on presently irrigated lands in the area above Lahontan Reservoir determined to be approximately 41,320 acres. The rate of 3 c.f.s. per 100 acres is based on a 30-day average for the area as a whole and shall not prevent greater rates of diversion for those areas that have an established greater use; provided that the aggregate diversion measured at the points of diversion shall not exceed 700 c.f.s. on the East Fork of the Carson River, 300 c.f.s. on the West Fork of the Carson River, and 220 c.f.s. on the Main Carson River below the confluence of the East and West Forks.

The combining and exchanging of the use of water between ditches and among users shall be permitted at all times and shall be required whenever necessary in order to obtain reasonable economy in the use of the water of the river or other streams, or in order to give to each ditch or user a more advantageous irrigation head.

Subject to allocations made in subsection B.1 and Section C of this article, the right to divert water from the Carson River for irrigation use either by direct diversion or by storage in Lahontan Reservoir or other existing reservoirs for use on the Newlands Project.

C. There is allocated to each state the right to store water in existing reservoirs upstream from Lahontan Reservoir to the extent of existing capacity with the appropriate priority with respect to natural flow rights upstream from Lahontan Reservoir under applicable state law, and use such stored waters on the lands in each state to which the storage is appurtenant.

D. Additional yields shall be available for development under the currently authorized Washoe Project from water available in excess of existing beneficial uses recognized by Nevada law, or under other new projects upon a determination by the commission that there is water available on the Carson River and its tributaries in excess of that required to satisfy existing beneficial uses in Nevada as determined by Nevada law as of the time of authorization or construction of such new projects. Such additional yields shall be allocated between the states with equal priority, 20 percent of which shall be allocated to California and 80 percent to Nevada.

Each state shall have the right to participate in any development project by bearing a proportionate cost of such development. In the event that joint developments are found to be not feasible or desirable, each state may develop separately its proportionate share of the remaining water.

E. Except as provided by Article X of this compact, the waters of the Carson River shall not be used in areas outside the Carson River Basin.

ARTICLE VIII. Walker River Basin

A. Allocation to Present Rights and Uses

Except as the rights of the Walker River Irrigation District may be limited by subsections 2 and 3 below, the provisions of the decree in the case of United States v. Walker River Irrigation District, et al., United States District Court for the District of Nevada Equity No. C-125, filed April 15, 1936, as amended by the Order of the Honorable A.F. St. Sure, dated April 24, 1940, hereafter called Decree C-125 are hereby recognized and confirmed.
The rights of the Walker River Irrigation District to store water of the West Walker River in Topaz Reservoir with a storage capacity of 59,000 acre-feet, under Part VIII of Decree C-125 and under any other basis of right, and to use such water, are hereby recognized and confirmed, subject to the following:

(a) The maximum quantity of water which can be diverted annually to storage is 85,000 acre-feet. No more than 85,000 acre-feet of water less reservoir evaporation can be rediverted for use within the district annually. The 85,000 acre-feet amount so allowed to be diverted to storage and rediverted to use include water used under direct diversion rights in Decree C-125 acquired by said district prior to 1964. For the purpose of this provision annually means the period from November 1 through October 31 of the following year.

(b) The maximum rate of diversion to such reservoir under such rights is 1,000 c.f.s.

(c) For the purpose of determining the availability of water to satisfy rights junior to the Topaz Reservoir storage rights of the Walker River Irrigation District, or for division between the states as unused water, water which has been stored, or is available for storage in and can be physically diverted to such reservoir under such reservoir rights but is released or is allowed to pass through the reservoir and is not rediverted to use in Nevada, shall be deemed to have been held in storage; provided, that until a new major storage project is constructed on the West Walker River, the foregoing shall not apply to the extent that said district with the concurrence of the watermaster determines, prior to the release or passing through of such water from Topaz Reservoir in any year, that it is necessary to release or pass through such water in order to provide storage space in Topaz Reservoir as a means of protecting lands in Nevada against flood damage later in the year.

The rights of the Walker River Irrigation District to store water of the East Walker River in Bridgeport Reservoir with a storage capacity of 42,000 acre-feet, under Part VIII of Decree C-125 and under any other basis of right, and to use such water, are hereby recognized and confirmed, subject to the following:

(a) The maximum quantity of water which can be diverted to storage in any year is 57,000 acre-feet. No more than 57,000 acre-feet of water less reservoir evaporation can be rediverted for use within the district in any year. The 57,000 acre-feet amounts so allowed to be diverted to storage and rediverted to use include water used under direct diversion rights in said decree acquired by said district prior to 1964 except for water used under such rights prior to 1964 on lands owned by said district in Bridgeport Valley. For the purpose of this provision year means the period from November 1 of one calendar year to October 31 of the following calendar year.

(b) Water of the East Walker River and its tributaries may, adversely to the Bridgeport Reservoir storage rights hereinabove recognized and confirmed, be stored upstream from said reservoir in any year, for later use after the spring flood of the year in which the water was so stored, under rights junior to said reservoir rights; provided, that when the Walker River system is put on priority under Decree C-125 after the annual spring flood, or upon demand made prior to the spring flood for water necessary to satisfy early season demand, the watermaster shall make an accounting and water shall be released from said upstream storage in such amounts as determined by the watermaster to be necessary to satisfy said reservoir rights to the same extent as they would have been satisfied in the absence of said adverse upstream storage.

(a) There is allocated to each state respectively the amount of existing diversions and uses of water of the Walker River Basin diverted upstream from Weber Reservoir and not specifically covered in Decree C-125, provided, that this allocation shall not include water distributed under the historical administration of Decree C-125 in excess of the rights set forth in Decree C-125 to lands having rights thereunder. In making this allocation, it is recognized that the amounts of water allocated and the respective priorities are not presently known with certainty. The commission shall as soon as practicable after its effectuation provide for an investigation, either with its own staff or by other agencies or persons, to ascertain with certainty the amounts of water and priorities of such uses. As between the respective states, the priorities shall be determined as follows: In cases of use not under state-recognized rights, the priorities shall be the date of initiation of use; in cases of use under state-recognized rights, the priorities shall be as provided under the law of the state where the diversion is made. Upon approval by the commission, the results of the investigation shall be binding as to the allocation to each state hereunder.

(b) In addition to rights recognized in subsection A.1 of this article there is allocated to Nevada for use on the Walker River Indian Reservation a maximum of 13,000 acre-feet per year for storage in Weber Reservoir and later rediversion to use and in addition 9,450 acre-feet per year to be diverted from natural flow. Both allocations shall have a priority of 1933. The season for diversion of water to storage shall be from November 1 to October 31 of the following year. The season for diversion of water directly for use shall be from March 1 to October 31 and at a maximum rate of 60 cubic feet per second. For the purpose of determining the availability of water to satisfy rights junior to this allocation or for division between the states as unused water, water which has been stored, or which can be physically stored or diverted to use under this allocation but is released or is allowed to pass through Weber Reservoir and is not rediverted to use on the Walker River Indian Reservation, shall be deemed to have been held in storage or used; provided, that the foregoing shall not apply to the extent that the appropriate representative of said reservation with the concurrence of the watermaster determines prior to the release or passing through of such water from Weber Reservoir in any year, that it is necessary to release or pass through such water in order to provide storage space in Weber Reservoir as a means of protecting lands in Nevada against flood damage later in the year; provided, further, that the foregoing shall not apply to passage of water of inferior quality to the extent that such passage may be necessary to maintain the water of suitable quality for irrigation on said reservation as determined by the commission.

Water of the Walker River and its tributaries may, adversely to the Weber Reservoir storage rights hereinabove recognized and confirmed, be stored upstream from said reservoir in any year, for later use after the spring flood of the year in which the water was so stored, under rights junior to said reservoir rights; provided, that when the Walker River system is put on priority under Decree C-125 after the annual spring flood, or upon demand made prior to the spring flood for water necessary to satisfy early season demand, the watermaster shall make an accounting and water shall be released from said upstream storage in such amounts as determined by the watermaster to be necessary to satisfy said reservoir rights to the same extent as they would have been satisfied in the absence of said adverse upstream storage.

In addition to rights recognized in subsections A.1 and A.4(a) above, there is allocated to California water of the West Walker River as follows:

(a) When all direct diversion rights under Decree C-125 are being satisfied and simultaneously water of the West Walker River is being diverted to storage pursuant to the Topaz Reservoir storage rights recognized and confirmed in subsection 2 of this Section A, but there is not flow in excess of that required to fully satisfy Topaz Reservoir storage rights, diversions in Antelope Valley in excess of the amounts to which Antelope Valley lands are entitled under Decree C-125 shall be permitted by the watermaster for such periods and in such amounts as, in the sound professional judgment of the watermaster, will not cause, on an overall irrigation season basis, any discernible net reduction in the amount of water available to satisfy said Topaz Reservoir storage rights.

(b) Such excess diversions may be used only on Antelope Valley lands entitled to water under Decree C-125 which can be served from the ditch systems existing as of the effective date of this compact.

(c) The allocation in this subsection 5 shall terminate after construction of a new major storage project on the West Walker River upstream from Antelope Valley.

B. Allocation of Unused Water

The term unused water includes all waters of the Walker River and its tributaries in excess of the amounts allocated, or required for satisfaction of rights and uses recognized and confirmed, as provided under Section A of this Article VIII, except that there shall be excluded therefrom natural flow which is not physically available above the head of Mason Valley. There is allocated to the State of California 35 percent of such unused water, and there is allocated to the State of Nevada 65 percent of such unused water. The allocation to each state provided herein in this subsection B.1 shall be equal in priority.

(a) The reregulation by storage of waters allocated for storage shall not be considered as the development of unused water.

Neither state shall be precluded from constructing works for the control, use and development of the water allocated pursuant to subsection B.1 of this article for optimum use of water.
While separate development may be undertaken by either state for surface storage of unused water of the West Walker River so allocated, the State Engineer of the State of Nevada and the Department of Water Resources of the State of California shall cooperate in a joint review of all potential developments of unused water of the West Walker River so allocated in subsection B.1 of this Article VIII and shall prepare and present a report of the benefits to be obtained, and other relevant data from each such development to the commission or if the commission has not yet become operative, to the joint commission which negotiated this compact, at a public hearing or hearings held at times and places within the Walker River Basin set by the commission or said joint commission.

(a) Should a separate surface storage project or projects be constructed in Nevada to develop Nevadas share of the unused water of the West Walker River, California may thereafter store and use said unused water allocated to Nevada adverse to such Nevada storage projects, provided that, without charge to Nevada, California makes available for consumptive use in Nevada, water in the same amounts, at the same times, and in the same places as would have been available for use in Nevada from such Nevada storage projects had California not so stored and used said unused water allocated to Nevada; and provided further that Nevada shall not be deprived of water required for: (1) maintenance of a minimum reservoir level for the preservation of fish life and (2) nonconsumptive uses which are found by the commission to be in the public interest of the Walker River Basin as a whole.

(b) From time to time after construction of each surface storage project upstream from Topaz Reservoir, for development of the unused water allocated herein, the commission shall determine the amounts of water which may be diverted and used in each state pursuant to its allocation as the result of the construction and operation of such project. In making such determination the commission shall compute any increase of yield of previously constructed reservoirs which may result from operation of such project constructed to develop unused water and shall include such increase in the amounts of water which may be diverted and used in each of the two states pursuant to its allocation of unused water.

Return flow to the Walker River or its tributaries from any source shall be deemed to be natural flow.
Unused water shall be used only:

(a) Within the Walker River Basin;

(b) Within the portion of Artesia Lake Basin south of the northern township line of Tier 12 North and west of a line one mile east of the eastern range line of Range 23 East, Mount Diablo Base Line and Meridian;

(c) Within the portion of Mason Valley and Adrian Valley south of the northern township line of Tier 15 North, Mount Diablo Base Line;

(d) Within the area tributary to Topaz Lake; or

(e) Any combination of the above areas.

C. Watermaster

A single watermaster shall have the responsibility and power to administer: (a) all rights and uses of water of the Walker River Basin recognized in Section A of this Article VIII, including rights under Decree C-125, (b) the allocation between the states provided for in this compact of water of the Walker River Basin in excess of that necessary to satisfy such rights and uses, and (c) all rights acquired to use water so allocated.
The watermaster shall be nominated by the commission as soon as practicable after this compact goes into effect, but his appointment shall not become effective until approved and confirmed by the Federal District Court for the District of Nevada, it being the intent of this compact that only a person satisfactory to both the commission and said court be the watermaster under this compact and under Decree C-125. At any time either the commission or said court may terminate the appointment of the person serving as watermaster by adopting an appropriate resolution or order, and notifying the other and the watermaster thereof. When a vacancy occurs by such action or by the death or resignation of the person serving as watermaster, a successor shall be selected by the same procedure as provided for the original appointment.
Until appointment of the watermaster becomes effective by approval and confirmation of said court, either as to the original selection of the watermaster or subsequent selections to fill a vacancy, a person designated by the commission shall have interim responsibility and power to administer the allocation between the states referred to in subsection 1(b) above and all rights and uses other than the rights under Decree C-125, and the rights and uses under Decree C-125 shall be administered on an interim basis as may be provided by said court.
Actions and decisions of the watermaster as to the administration of the rights under Decree C-125 shall be subject to review and modification by said court. Actions and decisions of the watermaster as to the administration of the allocation between the states referred to in subsection 1(b) above and of all rights and uses other than rights under Decree C-125 shall be subject to review and modification by the commission.
Said court is requested to appoint a six-member advisory board composed of one person each representing: (1) the East Walker River Basin in California, (2) the West Walker River Basin in California, (3) the East Walker River Basin in Nevada, (4) the West Walker River Basin in Nevada, (5) the Main Walker River Basin in Nevada, and (6) the Walker River Indian Reservation. The watermaster shall prepare an annual budget of proposed expenditures for personnel, equipment, supplies, and other purposes deemed by him to be necessary to carry out his functions. In the formulation of said budget the watermaster shall consult with said advisory board. In the event that said advisory board is not in agreement with the budget proposed by the watermaster, it shall so advise said court. Said budget shall require approval of both the commission and said court to become effective.
The expenditures attributable to administration of the rights under Decree C-125 shall be apportioned and collected in accordance with orders of said court. The expenditures attributable to administration of all other rights and uses of the water of the Walker River Basin under this compact shall be equitably apportioned among, and collected from, the users thereof by the watermaster under rules and regulations of the commission, and the commission shall have the power to enforce collection thereof by any reasonable means, including court action in any state or federal court of appropriate jurisdiction. The expenditures attributable to administering the allocation between the states referred to in subsection 1(b) above shall be borne by the commission as part of the expense under Article IV, subsection B.1 of this compact.

ARTICLE IX. Ground Water and Springs

A. Development and Use of Ground Water

Both states shall have the right to develop and use ground water within their respective boundaries; provided that development and use of ground water in one state shall no

NRS 539.195

NRS

539.195

Entry upon land to make surveys and locate works.

The board and its agents and employees shall have the right to enter upon any land to make surveys, and may locate the necessary irrigation and other works, and the lines of any canal or canals, and the necessary branches for the same, on any lands which may be deemed best for such location.

[Part 10:64:1919; A 1921, 118 ; 1923, 289 ; 1925, 203 ; 1927, 309 ; 1951, 55 ]

NRS 539.307

NRS

539.307

Directors relieved of certain duties; adoption of surveys and plans made by United States.

The board of directors of a district is relieved from the duties imposed upon it in

NRS 539.255 , 539.260 , 539.263

and 539.540 to 539.557 , inclusive, insofar as the same may not be required in case of a contract between the district and the United States, and in that relation may take advantage of or adopt such surveys and plans as may have been or be made by the United States.

[Part 62:64:1919; 1919 RL p. 3291; NCL § 8080]—(NRS A

1967, 1241 )

NRS 539.365

NRS

539.365

Petition to district directors: Contents; appointment of local board.

Upon presentation to the board of directors of the district of a petition, signed by a majority of the electors of such division representing at least one-half of the total acreage thereof, describing in a general way the local matters proposed to be undertaken, and the estimated cost of preliminary surveys and engineering data, and naming two electors of such division for local directors thereof, the board of directors of the district shall consider such petition at a regular meeting, and, if it finds that the law has been complied with, shall approve the same and appoint the electors named in the petition as members of the local board.

[Part 49:64:1919; A 1921, 118 ; 1923, 289 ; 1951, 438 ]

NRS 539.375

NRS

539.375

Board of directors of district may incur debts and issue warrants; limitations; assessments.

The board of directors of the district may:

(a) Incur an indebtedness not exceeding, in the aggregate, the sum of $15,000, and not exceeding the estimated cost of preliminary surveys and engineering data; and

(b) Cause warrants of the district to issue therefor, bearing interest at a rate which does not exceed by more than 5 percent the Index of Revenue Bonds which was most recently published before the bids are received or a negotiated offer is accepted.

The directors of the district may levy an assessment on all the lands in a division benefited by the proposed improvements, in addition to any assessment by the district on the lands within the division, for the payment of the expenses and the redemption of the warrants.

[Part 49:64:1919; A 1921, 118 ; 1923, 289 ; 1951, 438 ]—(NRS A 1971, 2127 ; 1975, 875 ; 1981, 1418 ; 1983, 586 ; 1985, 2062 )

NRS 539.543

NRS

539.543

Surveys and examinations; direction and certification by irrigation engineer.

The board of directors shall cause such surveys and examinations to be made as will furnish a proper basis for an estimate of the cost of carrying out the construction work.
All such surveys, examinations, maps, plans, and estimates shall be made under the direction of a competent irrigation engineer and certified by that engineer.

[Part 15:64:1919; A 1921, 118 ; NCL § 8026]

NRS 539.563

NRS

539.563

Meeting to review apportionment of benefits: Notice; hearing.

Before final action upon the apportionment of benefits provided for in NRS 539.560 , the board shall publish notice for 2 weeks in a newspaper published in the county in which the organization was effected that it will meet at its office on the day stated in the notice for the purpose of reviewing such apportionment of benefits.
At such meeting the board shall proceed to hear all persons interested who may appear, and it shall continue in session from day to day until the apportionment is completed.
The board shall hear and receive all evidence offered, including any maps or surveys which any owners of lands may produce, and may classify the lands in such a way that the assessment when completed shall be just and equitable.
Any person interested who shall fail to appear before the board shall not be permitted thereafter to contest the apportionment, or any assessment thereunder, except upon a special application to the court in the proceeding for confirmation of the apportionment, showing reasonable excuse for failing to appear before the board.
If any elector makes objection to the apportionment before the board, and the objection is overruled and such elector does not consent to the apportionment as finally determined, such objection shall, without further proceedings, be heard at the confirmation proceedings.

[18:64:1919; 1919 RL p. 3277; NCL § 8029]

NRS 539.653

NRS

539.653

Progressive construction: Certification of bonds as needed; prior approval of Department of Taxation if all bonds certified.

Whenever the survey, examinations, drawings and plans of an irrigation district, and the estimate of cost provides that the works necessary for a completed project shall be constructed progressively over a period of years in accordance with a plan or schedule adopted by resolution of the board of directors of the district, it is not necessary for the Department of Taxation to certify at one time all of the bonds that have been voted for the completed project; but such bonds may be certified from time to time as needed by the district.
If the Department certifies all of the bonds necessary for the completed project, even if the project is to be constructed progressively over a period of years in accordance with the resolution of the board of directors, the bonds so voted and certified shall only be sold after prior written approval of the Department.

[6:34:1921; NCL § 8222]—(NRS A 1977, 1242 )

NRS 539.718

NRS

539.718

Order of annexation: Contents; survey.

The board of directors, if it deems it not for the best interest of the district to include therein the lands mentioned in the petition shall reject all or any part of the same.
If the board deems it for the best interests of the district, and if no objections to the annexation of the lands have been filed as required in this chapter, the board may order, without any election, that the lands mentioned in the petition or any part thereof be annexed to the district. The order shall describe the lands so annexed, and the board shall cause a survey thereof to be made if deemed necessary.

(Added to NRS by 1967, 1615 )

NRS 541.150

NRS

541.150

Subdistricts: Organization; proceedings; boards consent to furnish water; decree of organization; powers and duties of board of directors.

Subdistricts may be organized upon the petition of the owners of real property within, or partly within and partly without, the district, which petition must be in substantially the same form and must fulfill the same requirements concerning the subdistricts as the petition outlined in NRS 541.050 is required to fulfill concerning the organization of the main district. The petition must also contain a statement of the minimum quantity of water which the subdistrict proposes to acquire from the district for perpetual use and the court shall, before the entry of its decree organizing a subdistrict, require that the petitioners attach to the petition written evidence of the consent of the board of directors of the water conservancy district to furnish to the subdistrict the perpetual use of water for the purpose specified in the petition.
Petitions for the organization of subdistricts must be filed with the clerk of the court and must be accompanied by a bond as provided for in NRS 541.060 . The procedure for the organization of subdistricts is the same as for the organization of districts.
A subdistrict is a separate entity within the district and has authority to contract with the district for the furnishing of water and for other purposes.
Within 60 days after the entry of the decree incorporating a subdistrict, the Governor shall appoint a board of directors of the subdistrict consisting of persons who are owners of real property in the subdistrict, and who may be directors of the district. The provisions of NRS 541.100 are applicable to subdistricts. The board of directors of a subdistrict has all of the powers, rights and privileges granted to a district board under the provisions of this chapter, including specifically, but not limited to, the right of the subdistrict board to levy and collect taxes and assessments referred to in NRS 541.140 , 541.160 and 541.240 to carry out its separate purposes. Such taxes and assessments may be levied and collected by the subdistrict notwithstanding the fact that taxes and assessments are being levied and collected by the district in which the subdistrict lies, to carry out the purposes of the district, but the only purpose for which a subdistrict may levy and collect taxes pursuant to NRS 541.160

is to pay the expense of its organization and administration, to pay the cost of construction, operating and maintaining the works of the subdistrict, and for surveys and plans, and for legal services to protect the rights of the subdistrict, and such taxes must not exceed 10 cents on $100 assessed valuation of the property within the subdistrict.

[15:380:1955]—(NRS A 1959, 380 ; 1963, 771 ; 1969, 868 ; 1989, 1407 )

NRS 541.170

NRS

541.170

Board to fix rate of levy under class A; maximum rate; certification to county commissioners.

To levy and collect taxes under class A as herein provided, the board shall in each year determine the amount of money necessary to be raised by taxation, taking into consideration other sources of revenue of the district, and shall fix a rate of levy which, when levied upon every $100 of assessed valuation of property within the district, and with other revenues, will raise the amount required by the district to supply funds for paying expenses of organization, for surveys and plans, paying the cost of construction, operating and maintaining the works of the district; but the rate shall not exceed 5 cents on $100, prior to the commencement of construction of the works, and thereafter shall not exceed 10 cents on $100, of assessed valuation of the property within the district. The board shall, between March 1 and March 15 of each year, certify to the board of county commissioners of each county within the district or having a portion of its territory within the district the rate so fixed with directions that at the time and in the manner required by law for levying of taxes for county purposes such board of county commissioners shall levy such tax upon the assessed valuation of all property within the district, in addition to such other taxes as may be levied by such board of county commissioners at the rate so fixed and determined.

[17:380:1955]—(NRS A 1959, 381 )

NRS 543.090

NRS

543.090

Loans to counties, cities and public districts for planning, engineering, administration, acquisition of easements and other costs.

Whenever the Secretary of Agriculture or the Secretary of the Army has approved or may approve a work of improvement or a flood control project in the State of Nevada, and the Congress of the United States has appropriated or may appropriate money for such work or project, and a county, city or public district, or a combination thereof, has given or is in a position to give the assurances required by the Watershed Protection and Flood Prevention Act, Public Law 566, 83rd Congress, 68 Stat. 666, as amended, or the Flood Control Act of 1954, Public Law 780, 83rd Congress, 68 Stat. 1256, as amended, and such county, city or public district is in need of immediate financial assistance for planning, engineering, administration, acquisition of easements and rights-of-way or other costs, such county, city or public district may apply to the Director for such assistance in the manner provided in NRS 543.090 to

543.140 , inclusive.

A city, county or public district may apply to the Director for financial assistance pursuant to NRS 543.090 to 543.140 , inclusive, for the payment of the cost of surveying along a river when such surveying potentially but not necessarily will culminate in or assist a flood control project.

(Added to NRS by 1960, 56 ; A 1973, 772 )

NRS 543.100

NRS

543.100

Loans approved by Director of State Department of Conservation and Natural Resources, Governor and State Board of Finance.

Upon a petition from a county, city or public district to the Director, in a form prescribed by the Director, requesting financial assistance to aid in paying the costs of planning, engineering, administration, acquisition of easements and rights-of-way and other proper expenses connected with a flood control project, or in paying costs for a riparian survey, the Director may, following study and approval of the proposed project or survey, and subject to the approval of the Governor and the State Board of Finance, loan money from the Flood Control Account in the manner provided in NRS 543.090 to 543.140 , inclusive.

(Added to NRS by 1960, 56 ; A 1973, 773 ; 1979, 117 ; 1991, 1787 )

NRS 543.110

NRS

543.110

Contents of petition for loan; repayment period; budgets.

Each petition to the Director must describe the proposed flood control project or riparian survey, state the amount of money requested, and designate the areas to be assessed to reimburse the Flood Control Account.
The Director shall determine the period to be allowed for repayment of the money loaned, which period may not be longer than 5 years from the date of the loan.
The Director shall, between the first Monday of October and the first Monday of December of each year following the date of any loan, prepare a budget based on repayment of the loan in equal annual installments showing the amount of money to be repaid in the next succeeding fiscal year, and shall submit the budget to the board of county commissioners of the county in which the project or survey is located. If the project or survey is located in more than one county, separate budgets must be prepared for each county.

(Added to NRS by 1960, 56 ; A 1973, 773 ; 1979, 117 ; 1991, 1787 )

NRS 543.150

NRS

543.150

Legislative declaration; application; conditions; repayment.

The Legislature finds and declares that the people of this State have a paramount interest in the maximum use of all the water of the State and in efficient and effective water distribution to the public by governmental subdivisions, thus ensuring the publics health and safety.
Whenever the system for the distribution of water of a governmental subdivision of this State has been damaged by flood or other act of God, resulting in an emergency condition of a shortage of water for public use, the governing body of the governmental subdivision may make application to the Director for a loan to assist in repairing the damage. The application must be made in the manner and form prescribed by the Director. The Director shall transmit the application to the Bureau of Environmental Health of the Division of Public and Behavioral Health of the Department of Health and Human Services requesting an investigation and survey of the damage, and a report thereon. If the report of the Bureau of Environmental Health of the Division of Public and Behavioral Health finds that the damage has resulted in a lack of service and a threat to public health because of the emergency resulting from a shortage of water, the Director may loan money from an appropriate account of the State Department of Conservation and Natural Resources in the State General Fund to repair the damage or to reimburse the governmental subdivision for money expended by it to repair the damage. The Director shall determine the period to be allowed for repayment of the money, not to exceed 20 years after the date of the loan. The Director shall also determine the schedule of repayment of the loans. All money received by the Director as repayments of loans must be deposited in the account from which it was lent.

(Added to NRS by 1961, 447 ; A 1963, 573 ; 1973, 1406 ; 1985, 721 )

DISTRICTS FOR CONTROL OF FLOODS

General Provisions

NRS 543.450

NRS

543.450

Surveys; acquisition of land and water; agreements; cooperation with governmental agencies and public and private corporations.

The board may:

Enter upon any land to make surveys and locate the necessary improvements and the lines for channels, conduits, canals, pipelines, basins for retention or detention of water, roadways and other rights-of-way.
Acquire, by purchase, lease, contract, condemnation or other legal means, all lands and water and water rights and other property necessary or convenient for the construction, use, supply, maintenance, repair and improvement of those works, including works constructed or being constructed by private owners, lands for basins for retention or detention of water, and all necessary appurtenances.
Enter into agreements with and do any acts necessary or proper for the performance of any agreements with the United States, or any state, county, district of any kind, public or private corporation, association, firm or other person for the joint acquisition, construction, leasing, ownership, disposition, use, management, maintenance or repair or operation of any rights, works or other property of any kind which might be lawfully acquired or owned by the district.
Acquire the right to retain or detain water in any basin, or carry water through any canal, ditch or conduit not owned or controlled by the district.
Grant to any owner or lessee the right to use any facility of the district.
Enter into and do any act necessary or proper for the performance of any agreement of the district of any kind with a person or a governmental organization, or the transfer or delivery of any water, water right or water supply stored, appropriated or otherwise acquired or stored for the use of the district, or for the purpose of exchanging it for any other water, water rights or water supply to be delivered to the district.
Cooperate with and act in conjunction with the State of Nevada, or any of its engineers, officers, boards, commissions, departments or agencies, or with the United States Government or any of its engineers, officers, boards, commissions, departments or agencies, or with any public or private corporation in the construction of any work for the controlling of floodwaters of the district, or for the protection of life or property therein, or for the purpose of conserving those waters for beneficial use within the district, or for any other acts or purposes provided for in this section and to adopt and carry out any definite plan or system of work for that purpose.

(Added to NRS by 1961, 433 ; A 1985, 1194 )

NRS 543.510

NRS

543.510

Appointment and powers of chief engineer and general manager; duties and compensation of other employees; technical committee; contracts with agencies of Federal Government; duties of county officers and employees.

The board may:

(a) Appoint a chief engineer and general manager who must be a civil engineer licensed pursuant to the provisions of chapter 625 of NRS and may be selected from among nominees proposed by the citizens advisory committee for the district.

(b) Prescribe the duties of officers, agents and employees and fix their compensation.

(c) Create a technical committee for the district. If the board of county commissioners constitutes the board of directors, the technical committee must include one member and one alternate appointed by the county and by each city within the district. If the regional transportation commission constitutes the board of directors, the number of members and alternates appointed respectively by the county and by each city must be equal to the number of its representatives on the commission. The citizens advisory committee for the district shall appoint one of its members to the technical committee. The chief engineer and general manager is a member of the technical committee and shall serve as its executive director. Each member of the committee has one vote, except the member from the citizens advisory committee and the chief executive and general manager, each of whom may otherwise participate in the activities of and make recommendations to the technical committee. The committee shall annually choose one of its members as chair.

The chief engineer and general manager may hire and retain agents, employees, engineers and attorneys, and any other persons necessary or desirable to effect the purposes of the district.
The board may contract with any agency of the Federal Government for any services related to projects for the control of floods in the district.
The district attorney, the county surveyor, the county assessor, the county auditor or comptroller, the county treasurer, their deputies, assistants, clerks and other employees are ex officio officers, deputies, assistants, clerks and employees of the district. They shall, if requested by the board, perform the same various duties for the district as for the county. The board shall reimburse the county for the cost of rendering these services.

(Added to NRS by 1961, 435 ; A 1985, 1195 ; 1987, 431 ; 1997, 1070 )

NRS 543.580

NRS

543.580

Chief engineer and general manager: Investigations, reports and estimates; recommendations; employment of engineers and surveyors.

The chief engineer and general manager may investigate carefully the best plan or plans:

(a) To control the floodwaters of the district and the floodwaters of streams that have their sources outside of the district but flow into the district;

(b) To conserve those waters for beneficial and useful purposes by spreading, storing, retaining, or causing to percolate into the soil within or without the district, or to save or conserve in any manner, any of those waters; and

(c) To protect the watercourses, watersheds, public highways, life and property in the district from damage from that water,

Ê and to obtain such other information in regard thereto as may be deemed necessary or useful in carrying out the purposes of NRS 543.170 to 543.830 , inclusive.

The chief engineer and general manager shall make and file reports from time to time with the board, which must show:

(a) A general description of the work to be done on each project or work of improvement.

(b) General plans, profiles, cross sections and other general specifications of the work to be done on each project or work of improvement.

(c) A general description of the lands, rights-of-way, easements and property proposed to be taken, acquired or injured in the carrying out of that work.

(d) An estimate of the cost of each project or work of improvement including:

(1) An estimate of the costs of lands, rights-of-way, easements and property proposed to be taken, acquired or injured in carrying out the project or work of improvement.

(2) An estimate of all incidental expenses likely to be incurred in connection therewith, including legal, clerical, engineering, superintendence, inspection, printing and advertising, and stating the total amount of bonds, if any, necessary to be issued to pay for it.

(3) A comparison of the total cost of the proposed works with an estimate of the cost of condemnation and relocation or replacement of property within the boundaries of the floodplain.

The chief engineer and general manager shall, from time to time, as directed by the board, file with the board supplementary, amendatory and additional reports and recommendations as necessity and convenience may require.
The chief engineer and general manager may, subject to the control and direction of the board, employ other engineers, surveyors and other persons required for making all surveys and doing any work necessary for the making of the reports.

(Added to NRS by 1961, 437 ; A 1985, 1196 ; 1987, 725 )

NRS 543.590

NRS

543.590

Survey and report of problems; assistance in preliminary planning; adoption of master plan.

After a district has been established, the board shall cause its chief engineer or qualified private engineers or consultants to make a survey of the problems of controlling floods in the district and to prepare a report setting forth:

(a) A description of existing facilities for the control of floods in the area.

(b) Recommendations as to cooperation between the district and the owner or owners of the facilities.

(c) Recommendations for the construction or other acquisition of facilities to carry out the purpose of the district, with a preliminary plan therefor.

(d) A description of the property proposed to be acquired or damaged in the performance of work.

(e) A map showing the boundaries of the district and location of the work proposed to be done.

(f) A map showing the hydrographic areas to be used by the district for planning and acquisition of projects and improvements.

(g) Such other facts and information as the board may request.

In the preparation of the report, the Director of the State Department of Conservation and Natural Resources and the Division of Public and Behavioral Health of the Department of Health and Human Services may assist in preliminary planning by:

(a) The assignment of technical, professional and administrative personnel.

(b) Providing information for engineering and other planning.

Ê Money expended in preliminary planning may, upon application to the Director of the State Department of Conservation and Natural Resources and to the Division of Public and Behavioral Health, be refunded, if money for these purposes has been appropriated by the Legislature.

The chief engineer for the district shall then prepare for each hydrographic area a master plan for the control of floods which must set forth the most effective structural and regulatory means for correcting existing problems of flooding within the area and dealing with the probable effects of future development, taking into consideration the recommendations submitted in the report. In preparing the master plan, the chief engineer shall incorporate insofar as possible the planning completed or undertaken by the county, each city all or part of whose territory is included in the area, and any private engineer or developer for any part of the area. The master plan may include as separate elements the immediate needs, indicating their relative priority, and other future needs. The master plan may also include bridge structures that may become necessary as a result of the implementation of the master plan.
When a master plan satisfactory to the board, and after review by the Director of the State Department of Conservation and Natural Resources, is available, it must be tentatively adopted. A public hearing on the proposed work must be scheduled and notice of the hearing given by publication. After hearing and any adjournments thereof which may be ordered, the board may either require changes to be made in the master plan as the board considers desirable or the board may approve the tentative master plan as prepared. If changes are ordered a further hearing must be held pursuant to notice given by publication.
The county and each city all or part of whose territory is included within each hydrographic area shall then hold a public hearing to consider adopting the tentative master plan as a component of its master plan pursuant to chapter 278 of NRS. The master plan or its parts for that hydrographic area do not become final until adopted by the county and each city.

(Added to NRS by 1961, 437 ; A 1963, 969 ; 1973, 1406 ; 1985, 1197 ; 1989, 1524 )

NRS 548.180

NRS

548.180

Cooperation of state agencies and state institutions with Commission.

Upon request of the Commission, for the purpose of carrying out any of its functions, the supervising officer of any state agency, or of any state institution of learning, shall, insofar as may be possible under available appropriation and having due regard to the needs of the agency to which the request is directed, assign or detail to the Commission members of the staff or personnel of such agency or institution of learning, and make such special reports, surveys or studies as the Commission may request.

[Part 4:212:1937; A 1951, 190 ]—(NRS A 1973, 745 )

CONSERVATION DISTRICTS

Organization

NRS 548.345

NRS

548.345

Surveys, investigations and research.

In addition to other powers granted in this chapter, a district and the supervisors thereof shall have the power to conduct surveys, investigations and research relating to the conservation of renewable natural resources and the preventive and control measures needed, to publish the results of such surveys, investigations or research, and to disseminate information concerning such preventive and control measures; but in order to avoid duplication of research activities, no district shall initiate any research program except in cooperation with the government of this State or any of its agencies, or with the United States or any of its agencies.

[Part 8:212:1937; 1931 NCL § 6870.08]—(NRS A 1973, 754 )

NRS 561.305

NRS

561.305

Laboratories: Establishment, maintenance and purposes; examination of samples for residents.

The Department shall establish and maintain a laboratory for the following purposes:

The diagnosis of infectious, contagious and parasitic diseases of animals, as may be necessary under the provisions of chapter 571 of NRS.
The diagnosis of infectious, contagious and parasitic diseases of bees, as may be necessary under the provisions of chapter 552 of NRS.
The diagnosis of infectious, contagious and destructive diseases of agricultural commodities, and infestations thereof by pests, as may be necessary under the provisions of chapter 554 of NRS.
The survey and identification of insect pests, plant diseases and noxious weeds, and the maintenance of a herbarium, as may be necessary under the provisions of NRS 555.005 to 555.249 , inclusive.
The testing of pesticides, as may be necessary under the provisions of NRS 555.2605 to 555.460 , inclusive, and chapter 586 of NRS.
The safekeeping and maintenance of official standards of weights and measures, as may be necessary under the provisions of chapter 581 of NRS.
The testing and grading of agricultural products and the testing of the purity and germinating power of agricultural seeds and the testing of the spray residue contained in produce, as may be necessary under the provisions of chapter 587

of NRS.

The analysis and testing of commercial fertilizers and agricultural minerals, as may be necessary under the provisions of chapter 588 of NRS.
The analysis and testing of petroleum products or motor vehicle fuel, as may be necessary under the provisions of NRS 590.010 to 590.150 , inclusive.
The analysis and testing of antifreeze, as may be necessary under the provisions of NRS 590.340 to 590.450 , inclusive.
Any laboratory examinations, diagnoses, analyses or testing as may be deemed necessary by the Director and which can be made with equipment available in any such laboratory. Any resident of this State may submit samples to the Department for examination, diagnosis, analysis or testing, subject to such rules and regulations as may be adopted by the Director.

(Added to NRS by 1961, 501 ; A 1969, 363 , 634 ;

1971, 1257 ; 1975, 596 ; 1993, 1728 ; 1999, 2850 , 3662 ;

2003, 413 , 2147 ;

2005, 661 ; 2015, 3608 )

NRS 561.355

NRS

561.355

Source and use of fees and other money by Division of Plant Health and Compliance for various agricultural purposes.

The following fees and money must be used by the Division of Plant Health and Compliance of the Department only for the purposes of carrying out the provisions of this chapter and chapters 552 , 554 ,

555 and 587

of NRS:

(a) Except as otherwise provided in NRS 552.095 and 555.570 , fees and money collected pursuant to the provisions of chapters 552 , 555 and 587 of NRS.

(b) Laboratory fees collected for the diagnosis of infectious, contagious and parasitic diseases of bees, as authorized by NRS 561.305 , and as are necessary pursuant to the provisions of chapter 552 of NRS.

(c) Laboratory fees collected for the diagnosis of infectious, contagious and destructive diseases of agricultural commodities, and infestations thereof by pests, as authorized by NRS 561.305 , and as may be necessary pursuant to the provisions of chapter 554 of NRS.

(d) Laboratory fees collected for the survey and identification of insect pests, plant diseases and noxious weeds, as authorized by NRS 561.305 , and as may be necessary pursuant to the provisions of NRS 555.005

to 555.249 , inclusive.

(e) Laboratory fees collected for the testing of the purity and germinating power of agricultural seeds, as authorized by NRS 561.305 , and as may be necessary pursuant to the provisions of NRS 587.015

to 587.123 , inclusive.

(f) Money received from a tax on the transfer of real property imposed pursuant to NRS 375.026 .

The money received pursuant to paragraph (f) of subsection 1 must be allocated for disbursement to each county in proportion to the amount of money collected in that county and must only be used:

(a) By the Department for programs on the exclusion, detection and control of:

(1) Invasive species; and

(2) Endemic pests and weeds designated by the Director; and

(b) For grants to local governments and nonprofit organizations for the control or management of such species, pests and weeds.

As used in this section:

(a) Invasive species means any living organism not native to this State that may present a threat to the economy, environment or public health of this State.

(b) Local government has the meaning ascribed to it in NRS 237.050 .

(Added to NRS by 1961, 502 ; A 1967, 315 ; 1969, 364 ; 1977, 232 ; 2001, 2154 ; 2003, 3492 ; 2005, 1525 ; 2009, 11 ; 2015, 3609 ; 2021, 102 )

NRS 563.320

NRS

563.320

Authority to research, advertise, make determinations and take action to support and stabilize livestock industry on grazing lands. [Expires by limitation on December 31 of the first year during which the Governor proclaims that the amount of the fees refunded by the Rangeland Resources Commission pursuant to

NRS 563.340

for the immediately preceding calendar year is more than 50 percent of the fees collected by the Commission pursuant to that section for that calendar year.] The Commission may:

Conduct research and surveys to determine the opinions and knowledge of the residents of this state concerning the livestock industry on grazing lands;
Establish programs to provide information to the residents of this state concerning the livestock industry on grazing lands;
Conduct advertising campaigns to promote the livestock industry on grazing lands;
Support the responsible control, management or use of grazing lands;
Compile information concerning the livestock industry on grazing lands and disseminate that information to each state grazing board;
Make determinations concerning the availability of forage on grazing lands; and
Take any action it determines is necessary to stabilize the livestock industry on grazing lands.

(Added to NRS by 1999, 1677 )

NRS 584.568

NRS

584.568

Minimum prices; discounts.

Each stabilization and marketing plan may contain provisions fixing the price at which fluid milk and fluid cream is sold by producers, distributors and retailers and must contain provisions regulating all discounts allowed by producers, distributors and retailers, except those discounts offered by retailers to elderly consumers.
If the Director establishes minimum prices to be paid by distributors to producers, the Director shall consider, but is not limited to considering, the following factors:

(a) Cost of production.

(b) Reasonable return upon capital investment.

(d) Cost of compliance with health regulations.

(e) Current and prospective supplies of fluid milk and fluid cream in relation to current and prospective demands for such fluid milk and fluid cream.

If the Director establishes minimum prices to be paid by retailers to wholesalers and by consumers to retailers, the Director shall consider, but is not limited to considering, the following factors:

(a) The quantities of fluid milk or fluid cream, or both, distributed in the marketing area covered by the stabilization and marketing plan.

(b) The quantities of fluid milk or fluid cream, or both, normally required by consumers in such marketing area.

(c) The cost of fluid milk and fluid cream to distributors and retail stores, which is the price paid by distributors to producers and the price paid by wholesale customers to distributors, as established pursuant to NRS 584.325 to 584.670 , inclusive.

(d) The reasonable cost of handling fluid milk and fluid cream incurred by distributors and retail stores, respectively, including all costs of hauling, processing, selling and delivering by the several methods used in such marketing area in hauling, processing, selling and delivering, as such costs are determined by impartial audits of the books and records, or surveys, or both, of all or such portion of the distributors and retail stores, respectively, of each type or class in such marketing area as are reasonably determined by the Director to be sufficiently representative to indicate the costs of all distributors and retail stores, respectively, in the marketing area.

(Added to NRS by 1959, 899 ; A 1977, 1641 ; 1979, 1309 ; 1983, 258 )

NRS 625.005

NRS

625.005

Purpose.

The purpose of this chapter is to safeguard life, health and property and to promote the public welfare by providing for the licensure of qualified and competent professional engineers and professional land surveyors.

(Added to NRS by 1991, 2236 ; A 1997, 1040 )

NRS 625.040

NRS

625.040

Practice of land surveying defined.

A person who, in a private or public capacity, does or offers to do any one or more of the following practices land surveying:

(a) Locates, relocates, establishes, re-establishes or retraces any property line or boundary of any tract of land or any road, right-of-way, easement, alignment or elevation of any of the fixed works embraced within the practice of professional engineering as described in NRS 625.050 .

(b) Makes any survey for the subdivision or resubdivision of any tract of land.

(c) Determines, by the use of the principles of land surveying, the position for any monument or reference point which marks a property line, boundary or corner, or sets, resets or replaces any such monument or reference point.

(d) Determines the configuration or contour of the earths surface or the position of fixed objects thereon by measuring lines and angles and applying the principles of trigonometry.

(e) Geodetic or cadastral surveying.

(f) Municipal and topographic surveying.

(g) Determines the information shown or to be shown on any map or document prepared or furnished in connection with any one or more of the functions described in paragraphs (a) to (f), inclusive.

(h) Indicates in any manner, by the use of the title land surveyor, or by any other representation, that the person practices or offers to practice land surveying.

(i) Procures or offers to procure land-surveying work for others or for himself or herself.

(j) Manages or conducts as manager, proprietor or agent any place from which land-surveying work is solicited, performed or practiced.

A person practices land surveying if the person professes to be a land surveyor or is in a responsible charge of land-surveying work.
Making a survey exclusively for geological or landscaping purposes, or aerial photographs or photogrammetry, not involving any of the practices specified in subsection 1, does not constitute land surveying.
The practice of land surveying does not include the design, either in whole or in part, of any structure or fixed works embraced in the practice of professional engineering.

[Part 11 1/2:198:1919; added 1947, 797 ; A 1955, 391 ] + [Part 13:198:1919; added 1947, 797 ; A 1949, 639 ; 1955, 391 ]—(NRS A 1961, 312 ; 1977, 741 ; 1989, 778 ; 1991, 2237 )

NRS 625.050

NRS

625.050

Practice of professional engineering defined.

The practice of professional engineering includes, but is not limited to:

(a) Any professional service which involves the application of engineering principles and data, such as surveying, consultation, investigation, evaluation, planning and design, or responsible supervision of construction or operation in connection with any public or private utility, structure, building, machine, equipment, process, work or project, wherein the public welfare or the safeguarding of life, health or property is concerned or involved.

(b) Such other services as are necessary to the planning, progress and completion of any engineering project or to the performance of any engineering service.

The practice of engineering does not include land surveying or the work ordinarily performed by persons who operate or maintain machinery or equipment.

[Part 2:198:1919; A 1937, 491 ; 1947, 797 ; 1949, 639 ; 1951, 459 ]—(NRS A 1961, 313 ; 1967, 950 ; 1991, 2238 )

NRS 625.070

NRS

625.070

Professional land surveyor defined.

Professional land surveyor means a person who by reason of his or her professional education and practical experience is granted a license by the Board to practice land surveying in this State.

[Part 11 1/2:198:1919; added 1947, 797 ; A 1955, 391 ]—(NRS A 1989, 779 ; 1991, 2239 ; 1997, 1040 )

NRS 625.080

NRS

625.080

Responsible charge of work defined.

Responsible charge of work means the independent control and direction, by the use of initiative, skill and independent judgment, of the investigation or design of professional engineering or land-surveying work or the supervision of such work.

[Part 11 1/2:198:1919; added 1947, 797 ; A 1955, 391 ]—(NRS A 1965, 1323 ; 1975, 819 ; 1991, 2239 )

NRS 625.090

NRS

625.090

Subordinate defined.

Subordinate means any person directly supervised by a professional land surveyor or professional engineer who assists a professional land surveyor or professional engineer in the practice of land surveying or professional engineering.

[Part 11 1/2:198:1919; added 1947, 797 ; A 1955, 391 ]—(NRS A 1965, 1323 ; 1989, 779 ; 1991, 2239 )

NRS 625.096

NRS

625.096

Applicability of chapter: Persons exempt from provisions concerning practice of land surveying.

The following persons are exempt from the provisions of this chapter concerning the practice of land surveying:

Any state, county, city or district employee directly responsible to a professional land surveyor.
Any subordinate to a professional land surveyor of this State if he or she acts as a subordinate.
Professional mining engineers engaged solely in surveys made for mining and milling purposes or facilities pertaining thereto.
Officers and employees of the United States Government who have qualified pursuant to federal regulations and have been authorized to make surveys for the government, but such a governmental employee shall not engage in private practice as a land surveyor in Nevada unless licensed pursuant to the provisions of this chapter.

[Part 13:198:1919; added 1947, 797 ; A 1949, 639 ; 1955, 391 ]—(NRS A 1983, 807 ; 1989, 788 ; 1997, 1054 )

STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS

NRS 625.100

NRS

625.100

Creation; number, qualifications and appointment of members; oath.

The Governor shall appoint nine persons, six of whom must be engaged in the practice or teaching of professional engineering in any of its disciplines except military engineering, and two of whom must be engaged in the practice or teaching of land surveying and one of whom must be a member of the general public. The members must be citizens of the United States and residents of this State, and constitute the State Board of Professional Engineers and Land Surveyors.
All appointments made for members who are engaged in the practice or teaching of professional engineering or land surveying must be made from the current roster of professional engineers and professional land surveyors as issued by the Board and on file in the Office of the Secretary of State. Insofar as practicable, membership on the Board of those members must be distributed proportionately among the recognized disciplines of the profession. The members who are professional land surveyors must not be professional engineers.
Within 30 days after appointment, each member shall take and subscribe to the oath of office as prescribed by the laws of Nevada and shall file the oath with the Secretary of State.

[1:198:1919; A 1935, 377 ; 1949, 639 ; 1951, 459 ; 1955, 391 ]—(NRS A 1965, 1323 ; 1977, 1249 ; 1979, 1101 ; 1991, 2239 ; 1993, 125 ; 1997, 1040 ; 2003, 2109 ; 2005, 205 )

NRS 625.152

NRS

625.152

Duties: Issuance of licenses and certificates; implementation of provisions of chapter; provision of certain information.

The Board shall:

Issue licenses to qualified and competent persons as professional engineers and professional land surveyors and certify qualified and competent persons as engineer interns and land surveyor interns.
Carry out the provisions of this chapter.
Upon request, provide information concerning the regulation of the practice of professional engineering and land surveying.

(Added to NRS by 1997, 1038 )

NRS 625.170

NRS

625.170

Roster: Preparation; contents; availability, filing and distribution or sale.

The Executive Director of the Board shall, once each year or at intervals established by the Board, prepare a roster that shows, for each:

(a) Professional engineer, his or her name and license number, the city in which he or she lives and the discipline of engineering in which he or she specializes.

(b) Professional land surveyor, his or her name and license number, and the city in which he or she lives.

The roster must be:

(a) Made available to each licensee in a manner prescribed by the Board.

(b) Placed on file with the Secretary of State and county and city clerks.

[Part 3:198:1919; A 1937, 491 ; 1947, 797 ; 1949, 639 ; 1951, 459 ; 1955, 391 ]—(NRS A 1965, 1325 ; 1967, 951 ; 1975, 816 ; 1979, 1100 ; 1989, 779 ; 1991, 2240 ; 1995, 45 ; 1997, 1042 ; 1999, 2433 )

NRS 625.179

NRS

625.179

Authority of Board to require persons who are not natural persons to register with Board before engaging in practice of land surveying; fee; regulations.

The Board may require a firm, partnership, corporation or any other person who is not a natural person to register with the Board before engaging in or offering to engage in the practice of land surveying in this state. The Board may charge a fee of not more than $50 to register pursuant to this section.
The Board may adopt regulations to carry out the provisions of this section.

(Added to NRS by 1997, 64 ; A 1997, 1071 ; 1999, 2433 )

PROFESSIONAL ENGINEERING

NRS 625.193

NRS

625.193

Examination for licensure as professional engineer: Scope; waiver; administration.

The examination for licensure as a professional engineer must consist of:

(a) An examination on the fundamentals of engineering that must cover the subject matter of a general education or training in engineering. If the applicant for licensure as a professional engineer has graduated from an engineering curriculum that is approved by the Board and has 15 years or more of experience in engineering, the examination on the fundamentals of engineering may be waived by the Board.

(b) An examination on the principles and practices of engineering that must cover the discipline of engineering in which the applicant is applying for licensure.

An applicant for licensure as a professional engineer must pass the examination on the fundamentals of engineering or receive a waiver of that requirement before the applicant may take the examination on the principles and practices of engineering.
When determining the content of the examinations on the fundamentals of engineering and the principles and practices of engineering, the Board shall consider the recognized disciplines of engineering and may conform the examination to the particular qualifications of the applicant.
The Board may require additional examinations for licensure in specialized areas of practice within one or more recognized disciplines of engineering.
The Board may administer or authorize an accredited college or university that offers a program in engineering approved by the Board to administer the examination on the fundamentals of engineering to persons who are not applicants for licensure as professional engineers in this state.
The Board may prescribe or limit the use of notes, texts and reference materials by applicants who are taking the examinations.
The Board may require the examinations or any portion of the examinations set forth in this section to be completed:

(a) In writing, with a pen or pencil of a type that has been approved by the Board;

(b) With a computer that has been provided or approved by the Board; or

(Added to NRS by 1997, 1039 ; A 1999, 2436 ; 2013, 423 )

PROFESSIONAL LAND SURVEYING

NRS 625.250

NRS

625.250

Duties of Board concerning professional land surveyors; regulations.

The Board shall:

Administer the provisions and requirements of this chapter concerning professional land surveyors.
Make and enforce such regulations as are necessary to carry out those provisions.

[Part 12:198:1919; added 1947, 797 ; 1943 NCL § 2875.05b]—(NRS A 1989, 783 ; 1991, 2243 )

NRS 625.270

NRS

625.270

Qualifications of applicant for licensure as professional land surveyor.

A person who is 21 years of age or older may apply to the Board, in accordance with the provisions of this chapter and any regulations adopted by the Board, for licensure as a professional land surveyor.
An applicant for licensure as a professional land surveyor must:

(a) Be of good character and reputation;

(b) Pass the examination on the fundamentals of land surveying required by paragraph (a) of subsection 1 of NRS 625.280 or receive a waiver of that requirement;

(c) Pass the examination on the principles and practices of land surveying required by paragraph (b) of subsection 1 of NRS 625.280 ; and

(d) Have a record of 4 or more years of active experience in land surveying that is satisfactory to the Board and indicates that the applicant is competent to be placed in responsible charge of land-surveying work.

An applicant for licensure as a professional land surveyor may not take the examination on the principles and practices of land surveying required by paragraph (b) of subsection 1 of NRS 625.280 unless the applicant is a graduate of a land-surveying curriculum of 4 years or more that is approved by the Board.
To determine whether an applicant for licensure as a professional land surveyor has an adequate record of active experience pursuant to subsection 2:

(a) Two of the 4 years of active experience must have been completed by working under the direct supervision of a professional land surveyor, unless that requirement is waived by the Board.

(b) The execution, as a contractor, of work designed by a professional land surveyor, or the supervision of the construction of that work as a foreman or superintendent, is not equivalent to active experience in land surveying.

A person who is not working in the field of land surveying when applying for licensure is eligible for licensure as a professional land surveyor if the person complies with the requirements for licensure prescribed in this chapter.

[Part 14:198:1919; added 1947, 797 ; A 1951, 459 ; 1955, 391 ]—(NRS A 1965, 1326 ; 1975, 1169 ; 1977, 743 ; 1989, 783 ; 1991, 2243 ; 1995, 49 ; 1997, 1043 ; 1999, 2437 ; 2011, 228 ; 2019, 1528 , 4260 ;

2021, 410 )

NRS 625.280

NRS

625.280

Examination for licensure as professional land surveyor: Scope; waiver; administration.

The examination for licensure as a professional land surveyor must consist of:

(a) An examination on the fundamentals of land surveying that must cover the subject matter of a general land-surveying education or training. If the applicant for licensure as a professional land surveyor has 15 years or more of experience in land surveying, the examination on the fundamentals of land surveying may be waived. For the purposes of determining the years of experience of an applicant for licensure as a professional land surveyor pursuant to this paragraph, the Board shall consider graduation from a land-surveying curriculum that is approved by the Board to be equivalent to 4 years of experience.

(b) An examination on the principles and practices of land surveying.

An applicant for licensure as a professional land surveyor must pass the examination on the fundamentals of land surveying or receive a waiver of that requirement before the applicant may take the examination on the principles and practices of land surveying.
The Board may administer or authorize an accredited college or university that offers a program in land surveying approved by the Board to administer the examination on the fundamentals of land surveying to persons who are not applicants for licensure as professional land surveyors in this state.
The Board may prescribe or limit the use of notes, texts and reference materials by applicants who are taking the examinations.
The Board may require the examinations or any portion of the examinations set forth in this section to be completed:

(a) In writing, with a pen or pencil of a type that has been approved by the Board;

(b) With a computer that has been provided or approved by the Board; or

[Part 14:198:1919; added 1947, 797 ; A 1951, 459 ; 1955, 391 ]—(NRS A 1965, 1326 ; 1967, 951 ; 1989, 784 ; 1997, 1045 ; 2013, 423 )

NRS 625.320

NRS

625.320

Oaths: Administration; record.

Every professional land surveyor may administer and certify oaths when:

(a) It is necessary to take testimony for the identification or establishment of old, lost or obliterated corners;

(b) A corner or monument is found in a perishable condition; or

(c) The importance of a survey makes it desirable to administer oaths to his or her assistants for the faithful performance of their duty.

A record of oaths must be prepared as part of the field notes of the survey, and a memorandum of them must be made on the record of survey to be filed under this chapter.

[Part 15:198:1919; added 1947, 797 ; A 1949, 639 ; 1953, 196 ; 1955, 391 ]—(NRS A 1989, 785 )

NRS 625.335

NRS

625.335

Entry upon land or water to perform duties: Authority; notice; approval; civil liability.

A surveyor may enter public or private land, a water course or a body of water to:

(a) Investigate, recover, establish, re-establish, rehabilitate, perpetuate or use evidence of a boundary location.

(b) Locate, relocate, use, install, perpetuate or replace a survey monument.

Before entering private land pursuant to subsection 1, a surveyor must provide written notice to the owner or occupant of the land of the proposed date and approximate time of entry upon the land and a statement of the purpose for entry upon the land. The notice must include the name, number of the license and business affiliation of the surveyor. The surveyor shall obtain the approval of the owner or occupant of the land before entry. An owner shall not unreasonably withhold approval of such entry on the land. The provisions of this subsection are not applicable to an entry made pursuant to NRS 37.050 .
The provisions of this section do not relieve a surveyor from any civil liability for any damage caused by the surveyors entry pursuant to subsection 1.
As used in this section, surveyor includes:

(a) A professional land surveyor or his or her designee.

(b) A surveyor employed by the Federal Government or an agency of the Federal Government, the State of Nevada, a political subdivision of the State or an agency of the State.

(Added to NRS by 1991, 1889 ; A 1997, 1048 ; 1999, 963 )

NRS 625.340

NRS

625.340

Record of survey: Filing; disclosures.

After making a survey in conformity with the practice of land surveying, a professional land surveyor shall, within 90 days after the establishment of points or lines, file with the county recorder in the county in which the survey was made a record of survey relating to land boundaries and property lines, which discloses:

The result of an adjustment of a boundary line that causes a transfer of land between two abutting parcels but does not result in the creation of any additional parcels.
The boundary limits and configuration of any new parcel created in an industrial or commercial subdivision for which a final map has been filed previously pursuant to the provisions of chapter 278 of NRS.
Material evidence which, in whole or in part, does not appear on any map or record previously recorded or filed in the office of the municipal engineer, county recorder, county clerk, county surveyor, or in the Bureau of Land Management of the Department of the Interior.
A material discrepancy with a map or record described in subsection 3.
Evidence that, by reasonable analysis, might result in alternate positions of points or lines.
The establishment of one or more lines not shown on any map or record described in subsection 3, the positions of which are not ascertained from an inspection of the record or map without trigonometric calculations.

[Part 15:198:1919; added 1947, 797 ; A 1949, 639 ; 1953, 196 ; 1955, 391 ]—(NRS A 1989, 785 )

NRS 625.350

NRS

625.350

Record of survey: Form and contents.

A record of survey must be a map legibly drawn in waterproof ink on tracing cloth or produced by the use of other materials of a permanent nature generally used for that purpose in the engineering profession. The size of each sheet must be 24 by 32 inches. A marginal line must be drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom and right edges, and 2 inches at the left edge along the 24-inch dimension.
A record of survey must show:

(a) All monuments found, set, reset or replaced, describing their kind, size and location and giving other data relating thereto.

(b) Bearing or witness monuments, the basis of bearings, bearing and length of lines and the scale of the map.

(d) The tie to the control network maintained by the National Geodetic Survey of the National Oceanic and Atmospheric Administration, if points of the network are established in the area in which the survey is made.

(e) A memorandum of oaths, if any.

(f) The signature and validated stamp of the surveyor who performed the survey.

(g) A certificate prepared by the surveyor indicating:

(1) The person or entity for whom the survey was performed;

(2) The general vicinity of the property being surveyed;

(3) The date the survey was completed;

(4) Whether monuments were found or set and, if so, their character and location as shown; and

(5) Any other pertinent information.

(h) Any other data necessary for the interpretation of the various items and locations of the points, lines and areas shown.

If the land surveyed is described in terms of area, the record of the survey must show the area of the land surveyed in the following manner:

(a) In acres, calculated to the nearest one-hundredth of an acre, if the area is 2 acres or more; or

(b) In square feet, if the area is less than 2 acres.

As used in this section, control network means a system of coordinates that defines latitude, longitude, height, scale, gravity and orientation throughout the United States.

[Part 15:198:1919; added 1947, 797 ; A 1949, 639 ; 1953, 196 ; 1955, 391 ]—(NRS A 1960, 138 ; 1985, 899 , 1691 ;

1993, 1195 ; 1997, 1048 )

NRS 625.360

NRS

625.360

Record of survey: Record not required in certain circumstances.

A record of survey is not required of any professional land surveyor when a final map is recorded in compliance with the provisions of chapter 278 of NRS not later than 120 days after the establishment of points or lines.

[Part 15:198:1919; added 1947, 797 ; A 1949, 639 ; 1953, 196 ; 1955, 391 ]—(NRS A 1977, 1527 ; 1989, 786 )

NRS 625.370

NRS

625.370

Record of survey: Charge for filing and indexing; filing and indexing by county recorder; records provided by county recorder to county assessor.

The charge for filing and indexing any record of survey is $17 for the first page plus $10 for each additional page.
The record of survey must be suitably filed by the county recorder, and the county recorder shall keep proper indexes of such survey records by name of tract, subdivision or United States land subdivision.
A county recorder who records a record of survey pursuant to this section shall, within 7 working days after recording the record of survey, provide to the county assessor at no charge:

(a) A duplicate copy of the record of survey and supporting documents; or

(b) Access to the digital record of survey and any digital supporting documents. The record of survey and supporting documents must be in a form that is acceptable to the county recorder and the county assessor.

[Part 15:198:1919; added 1947, 797 ; A 1949, 639 ; 1953, 196 ; 1955, 391 ]—(NRS A 1977, 1527 ; 1981, 214 ; 1993, 1358 ; 2001, 1570 , 3221 ;

2003, 2792 )

NRS 625.380

NRS

625.380

Requirements for monuments.

Except as otherwise provided in subsection 3, monuments set must be sufficient in number and durability and efficiently placed so as not to be readily disturbed to ensure, together with monuments already existing, the perpetuation of facile re-establishment of any point or line of the survey.
Any monument set by a professional land surveyor to mark or reference a point on a property or boundary line must be permanently and visibly marked or tagged with the number of the license of the professional land surveyor setting it, each number to be preceded by the letters P.L.S.
Except as otherwise provided in subsection 4, if a monument cannot be set or reset because of steep terrain, water, marsh or existing structures, or if it would be obliterated as a result of construction or maintenance of any highway under the jurisdiction of the Department of Transportation, one or more reference monuments, as defined in NRS 329.120 , must be set. In addition to the requirements for a monument set forth in subsections 1 and 2, the letters RM must be stamped in the tablet, disc or cap of the reference monument. One reference monument may be used if it is set on the actual line or a prolongation thereof. In all other cases, at least two reference monuments must be used. If the reference monuments do not appear on a record of survey filed in accordance with the provisions of NRS 625.340 to 625.380 , inclusive, a corner record must be filed pursuant to chapter 329 of NRS.
The provisions of subsection 3 do not apply if federal law prohibits the destruction or removal of a monument.

[Part 15:198:1919; added 1947, 797 ; A 1949, 639 ; 1953, 196 ; 1955, 391 ]—(NRS A 1989, 786 ; 1997, 1049 ; 1999, 963 )

MISCELLANEOUS PROVISIONS

NRS 625.381

NRS

625.381

Licenses: Issuance to applicant who complied with requirements of chapter; content; effect.

The Board shall issue a license to practice professional engineering or land surveying to any applicant who, in the opinion of the Board, has complied with all the requirements of this chapter concerning professional engineers or professional land surveyors, respectively.
A license to practice professional engineering or land surveying must:

(a) Set forth the full name of the licensee.

(b) Include the number of the license.

(d) Authorize the practice of professional engineering in the discipline for which the applicant has qualified or the practice of land surveying, respectively.

The issuance of a license to practice professional engineering or land surveying by the Board is evidence that the licensee is entitled to all the rights and privileges of a professional engineer or professional land surveyor, respectively, while the license remains on active status.

(Added to NRS by 1967, 954 ; A 1983, 805 ; 1989, 784 ; 1997, 1046 ; 1999, 2438 )

NRS 625.382

NRS

625.382

Licenses: Issuance to licensee of another state or country.

The Board may issue a license to practice professional engineering or land surveying to an applicant, upon presentation of evidence that the applicant is licensed to practice professional engineering or land surveying, respectively, and in good standing in a state, territory, possession of the United States or country that maintains standards of engineering or land-surveying licensure, equivalent to those in this state, if the applicant, in the judgment of the Board, has the necessary qualifications pursuant to the provisions of this chapter.
The Board may require an applicant for licensure as a professional engineer or professional land surveyor pursuant to subsection 1 to pass a written or oral examination conducted by not less than three professional engineers or professional land surveyors.

[Part 14:198:1919; added 1947, 797 ; A 1951, 459 ; 1955, 391 ]—(NRS A 1965, 1326 ; 1997, 1046 ; 1999, 2438 )

NRS 625.383

NRS

625.383

Stamp.

Each professional engineer and professional land surveyor shall obtain a stamp of the design authorized by the Board, bearing his or her name and license number and the legend Professional Engineer followed by the discipline for which he or she is qualified or the legend Professional Land Surveyor, respectively.
To facilitate the obtaining of a stamp by a professional engineer or professional land surveyor pursuant to subsection 1, the Board shall, upon request, provide its authorized design to any retailer or manufacturer of stamps. A professional engineer or professional land surveyor may obtain his or her stamp from any retailer or manufacturer of stamps.
A professional land surveyor shall not use the legend Professional Engineer.

(Added to NRS by 1961, 312 ; A 1965, 1327 ; 1989, 785 ; 1997, 1047 ; 2003, 2110 )

NRS 625.384

NRS

625.384

Minimum grade required on each examination for licensure or certification.

To qualify for licensure as a professional engineer or professional land surveyor or for certification as an engineer intern or land surveyor intern, an applicant must receive a grade of not less than 70 on each examination required by the Board.

[Part 14:198:1919; added 1947, 797 ; A 1951, 459 ; 1955, 391 ]—(NRS A 1979, 1100 ; 1989, 784 ; 1995, 46 ; 1997, 1046 )

NRS 625.385

NRS

625.385

Engineer intern and land surveyor intern: Certification; authorized practice; credit toward required experience.

The Board shall certify as an engineer intern or land surveyor intern any person qualified pursuant to the provisions of this chapter.
A person certified as an engineer intern or land surveyor intern pursuant to subsection 1 may practice only engineering or land surveying, respectively, as a subordinate. Any work performed by an engineer intern or land surveyor intern may, if deemed of a satisfactory nature by the Board, be applied toward the requirements for experience set forth in NRS 625.183 and 625.270 for licensure as an engineer or land surveyor, respectively.

(Added to NRS by 1989, 777 ; A 1995, 47 ; 1997, 1049 ; 1999, 2439 )

NRS 625.386

NRS

625.386

Engineer intern and land surveyor intern: Qualifications for certification.

To be eligible for certification as a land surveyor intern, an applicant must be a graduate of or in the final year of a land-surveying or engineering curriculum of 4 years or more that has been approved by the Board and have passed the examination on the fundamentals of land surveying provided for in NRS 625.280 .
To be eligible for certification as an engineer intern, an applicant must be a graduate of or in the final year of an engineering curriculum of 4 years or more that has been approved by the Board and have passed the examination on the fundamentals of engineering provided for in NRS 625.193 .

(Added to NRS by 1979, 1099 ; A 1995, 46 ; 1997, 1045 ; 2019, 1528 )

NRS 625.387

NRS

625.387

Payment of child support: Submission of certain information by applicant; grounds for denial of license or certificate; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

In addition to any other requirements set forth in this chapter:

(a) An applicant for the issuance of a license as a professional engineer or professional land surveyor or a certificate as an engineer intern or land surveyor intern shall include the social security number of the applicant in the application submitted to the Board.

(b) An applicant for the issuance or renewal of a license as a professional engineer or professional land surveyor or a certificate as an engineer intern or land surveyor intern shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520 . The statement must be completed and signed by the applicant.

The Board shall include the statement required pursuant to subsection 1 in:

(a) The application or any other forms that must be submitted for the issuance or renewal of the license or certificate; or

(b) A separate form prescribed by the Board.

A license as a professional engineer or a professional land surveyor or a certificate as an engineer intern or land surveyor intern may not be issued or renewed by the Board if the applicant:

(a) Fails to submit the statement required pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

(Added to NRS by 1997, 2113 ; A 2005, 2707 , 2807 )

NRS

625.387

Payment of child support: Submission of certain information by applicant; grounds for denial of license or certificate; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a license as a professional engineer or professional land surveyor or a certificate as an engineer intern or land surveyor intern shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520 . The statement must be completed and signed by the applicant.
The Board shall include the statement required pursuant to subsection 1 in:

(a) The application or any other forms that must be submitted for the issuance or renewal of the license or certificate; or

(b) A separate form prescribed by the Board.

A license as a professional engineer or a professional land surveyor or a certificate as an engineer intern or land surveyor intern may not be issued or renewed by the Board if the applicant:

(a) Fails to submit the statement required pursuant to subsection 1; or

If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

(Added to NRS by 1997, 2113 ; A 2005, 2707 , 2708 ,

2807 , effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

NRS 625.390

NRS

625.390

Application for licensure or certification: Contents; fees; renewal of license; penalty for late renewal of license; regulations.

An applicant for licensure as a professional engineer or professional land surveyor or for certification as an engineer intern or land surveyor intern must:

(a) Complete a form furnished and prescribed by the Board;

(b) Answer all questions on the form under oath;

(d) Pay the fee established by the Board; and

(e) Submit all information required to complete an application for licensure or certification.

Unless the requirement is waived by the Board, an applicant for licensure must provide the names of not less than four references who have knowledge of the background, character and technical competence of the applicant. None of the persons named as references may be members of the Board. If the applicant is:

(a) Applying for licensure as a professional engineer, the persons named as references must be professional engineers licensed in this State or any other state, three of whom must be licensed in the same discipline of engineering for which the applicant is applying for licensure.

(b) Applying for licensure as a professional land surveyor, the persons named as references must be professional land surveyors licensed in this State or any other state.

The Board shall, by regulation, establish the fee for licensure as a professional engineer and professional land surveyor in an amount not to exceed $200. The fee is nonrefundable and must accompany the application.
The Board shall charge and collect from each applicant for certification as an engineer intern or land surveyor intern a fee fixed by the Board of not more than $100, which includes the cost of examination and the issuance of a certificate.
A nonresident applying for licensure as a professional engineer or professional land surveyor is subject to the same fees as a resident.
The Board shall require the biennial renewal of each license of a professional engineer or professional land surveyor and collect a fee for renewal of not more than $100, prescribed by regulation of the Board, except that the Board may prescribe shorter periods and prorated fees in setting up a system of staggered renewals.
An applicant for the renewal of a license must submit with the fee for renewal all information required to complete the renewal.
In addition to the fee for renewal, the Board shall require a holder of an expired license to pay, as a condition of renewal, a penalty in an amount established by regulation of the Board.

[Part 3:198:1919; A 1937, 491 ; 1947, 797 ; 1949, 639 ; 1951, 459 ; 1955, 391 ]—(NRS A 1961, 314 ; 1965, 1327 ; 1967, 952 ; 1975, 814 , 975 ;

1977, 743 ; 1979, 344 , 1100 ;

1983, 806 ; 1989, 786 ; 1991, 2244 ; 1993, 127 ; 1995, 47 ; 1997, 1050 , 2114 ;

2005, 2709 , 2807 ;

2019, 4261 )

NRS 625.397

NRS

625.397

Board may require examination for reinstatement or renewal of license.

The Board may require any person:

Whose license to practice professional engineering or land surveying has expired; or
Who has been the subject of a disciplinary proceeding before the Board,

Ê to pass a written or oral examination as a condition of reinstating or renewing his or her license.

(Added to NRS by 1985, 1043 ; A 1989, 787 ; 1997, 1051 )

NRS 625.398

NRS

625.398

Regulations concerning continuing education for professional engineers and professional land surveyors.

The Board shall adopt regulations concerning continuing education for professional engineers and professional land surveyors. The regulations must include:

The number of hours of credit required annually;
The criteria used to accredit each course; and
The requirements for submission of proof of attendance at courses.

(Added to NRS by 1995, 50 )

NRS 625.403

NRS

625.403

Use of word certify or certification in practice of professional engineering or land surveying.

The use of the word certify or certification by a professional engineer or professional land surveyor in the practice of professional engineering or land surveying constitutes an expression of professional opinion regarding those facts or findings which are the subject of the certification.

(Added to NRS by 1991, 367 ; A 1997, 1051 )

NRS 625.407

NRS

625.407

Conditions under which business organization or association may practice engineering or land surveying; exceptions.

Except as otherwise provided in this section:

(a) A firm, partnership, corporation or other person engaged in or offering to engage in the practice of engineering or land surveying in this state shall employ full-time at least one professional engineer or professional land surveyor, respectively; and

(b) All engineering or land-surveying work done must be performed under a professional engineer or professional land surveyor, respectively, who has been placed in responsible charge of the work and who is employed full-time by that business.

If the only professional engineer or professional land surveyor employed full-time by a business that performs engineering or land-surveying work ceases to be employed by the business, the business shall, within 30 days after the employment ceases, employ another full-time professional engineer or professional land surveyor.
Except as otherwise provided in subsection 5:

(a) A firm, partnership, corporation or other person who performs or offers to perform engineering services in a certain discipline in this state shall employ full-time a professional engineer licensed in that discipline.

(b) Each person who holds himself or herself out as practicing a certain discipline of engineering must be licensed in that discipline or employ full-time a professional engineer licensed in that discipline.

Professional engineers and professional land surveyors may join or form a partnership, corporation, limited-liability company or other business organization or association with registrants and licensees outside of their field of practice, or with persons who are not registered or licensed.
The provisions of this section do not apply to a firm, partnership, corporation or other person who practices professional engineering for his or her benefit and does not engage in the practice of professional engineering or offer professional engineering services to other persons.

(Added to NRS by 1989, 777 ; A 1993, 126 ; 1997, 1042 , 1408 ;

1999, 2439 ; 2001, 1791 ; 2019, 1529 )

DISCIPLINARY AND OTHER ACTIONS

NRS 625.410

NRS

625.410

Grounds for disciplinary or other action.

Except as otherwise provided in subsection 6 of NRS 701.220 , the Board may take disciplinary action against a licensee, an applicant for licensure, an intern or an applicant for certification as an intern for:

The practice of any fraud or deceit in obtaining or attempting to obtain or renew a license or cheating on any examination required by this chapter.
Any gross negligence, incompetency or misconduct in the practice of professional engineering as a professional engineer or in the practice of land surveying as a professional land surveyor.
Aiding or abetting any person in the violation of any provision of this chapter or regulation adopted by the Board.
Conviction of or entry of a plea of nolo contendere to any crime an essential element of which is dishonesty or which is directly related to the practice of engineering or land surveying.
A violation of any provision of this chapter or regulation adopted by the Board.
Discipline by another state or territory, the District of Columbia, a foreign country, the Federal Government or any other governmental agency, if at least one of the grounds for discipline is the same or substantially equivalent to any ground contained in this chapter.
Practicing after the license of the professional engineer or professional land surveyor has expired or has been suspended or revoked.
Failing to comply with an order issued by the Board.
Failing to provide requested information within 30 days after receipt of a request by the Board or its investigators concerning a complaint made to the Board.

[Part 12:198:1919; added 1937, 491 ; A 1955, 391 ]—(NRS A 1961, 314 ; 1965, 1328 ; 1975, 140 ; 1977, 744 ; 1985, 1046 ; 1989, 787 ; 1991, 2245 ; 1997, 1051 ; 2003, 2705 ; 2015, 2153 )

NRS 625.415

NRS

625.415

Suspension of license or certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license or certificate. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

If the Board receives a copy of a court order issued pursuant to NRS 425.540

that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license as a professional engineer or professional land surveyor or a certificate as an engineer intern or land surveyor intern, the Board shall deem the license or certificate issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued to the holder of the license or certificate by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license or certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560 .

The Board shall reinstate a license as a professional engineer or professional land surveyor or a certificate as an engineer intern or land surveyor intern that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license or certificate was suspended stating that the person whose license or certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560 .

(Added to NRS by 1997, 2114 ; A 2005, 2807 )

NRS 625.460

NRS

625.460

Authorized disciplinary or other action; private reprimands prohibited; orders imposing discipline deemed public records.

If, after a hearing, a majority of the members of the Board present at the hearing vote in favor of finding the accused person guilty, the Board may:

(a) Revoke the license of the professional engineer or professional land surveyor or deny a license to the applicant;

(b) Suspend the license of the professional engineer or professional land surveyor;

(d) Fine the licensee or applicant for licensure not more than $15,000 for each violation of a provision of this chapter or any regulation adopted by the Board;

(e) Place the licensee or applicant for licensure on probation for such periods as it deems necessary and, if the Board deems appropriate, require the licensee or applicant for licensure to pay restitution to clients or other persons who have suffered economic losses as a result of a violation of the provisions of this chapter or the regulations adopted by the Board; or

(f) Take such other disciplinary action as the Board deems appropriate.

The Board shall not issue a private reprimand.
An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

[Part 12:198:1919; added 1937, 491 ; A 1955, 391 ]—(NRS A 1961, 314 ; 1975, 819 ; 1985, 1046 ; 1989, 788 ; 1991, 2247 ; 1993, 128 ; 1995, 48 ; 1997, 1053 ; 2003, 3424 ; 2019, 1530 )

NRS 625.530

NRS

625.530

Restrictions upon public works; preferences for contracts.

Except as otherwise provided in NRS 338.1711 to 338.173 , inclusive, and 408.3875 to 408.3888 , inclusive:

The State of Nevada or any of its political subdivisions, including a county, city or town, shall not engage in any public work requiring the practice of professional engineering or land surveying, unless the maps, plans, specifications, reports and estimates have been prepared by, and the work executed under the supervision of, a professional engineer, professional land surveyor or registered architect.
The provisions of this section do not:

(a) Apply to any public work wherein the expenditure for the complete project of which the work is a part does not exceed $35,000.

(b) Include any maintenance work undertaken by the State of Nevada or its political subdivisions.

(c) Authorize a professional engineer, registered architect or professional land surveyor to practice in violation of any of the provisions of this chapter or chapter 623 of NRS.

(d) Require the services of an architect registered pursuant to the provisions of chapter 623 of NRS for the erection of buildings or structures manufactured in an industrial plant, if those buildings or structures meet the requirements of local building codes of the jurisdiction in which they are being erected.

The selection of a professional engineer, professional land surveyor or registered architect to perform services pursuant to subsection 1 must be made on the basis of the competence and qualifications of the engineer, land surveyor or architect for the type of services to be performed and not on the basis of competitive fees. If, after selection of the engineer, land surveyor or architect, an agreement upon a fair and reasonable fee cannot be reached with him or her, the public agency may terminate negotiations and select another engineer, land surveyor or architect. Except as otherwise provided in this subsection, in assigning the relative weight to each factor for selecting a professional engineer, professional land surveyor or registered architect pursuant to this subsection, the public agency shall assign, without limitation, a relative weight of 5 percent to the possession of a certificate of eligibility to receive a preference when competing for public works. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of this subsection relating to a preference when competing for public works, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that public work.

[12a:198:1919; added 1947, 797 ; A 1949, 639 ; 1943 NCL § 2875.06a]—(NRS A 1967, 953 ; 1971, 774 ; 1973, 1700 ; 1975, 208 ; 1977, 320 ; 1983, 807 ; 1989, 788 ; 1997, 1055 ; 1999, 3489 ; 2001, 2022 ; 2003, 119 ; 2011, 3707 )

NRS 625.540

NRS

625.540

Unlawful practice of land surveying; penalty.

It is unlawful for a person who is:

(a) Not properly licensed or exempted in accordance with the provisions of this chapter to:

(1) Practice, continue to practice, solicit to practice, offer to practice or attempt to practice land surveying;

(2) Set, reset or replace any survey monument; or

(3) Directly or indirectly employ any means which in any manner tends or is likely to create the impression on the public or any member thereof that any person who is not licensed pursuant to this chapter is qualified or authorized to practice land surveying.

(b) To present or attempt to use, as his or her own, the license or stamp of another person.

(d) To impersonate any other licensee of the same or a different name.

(e) To attempt to use an expired, suspended or revoked license.

(f) To violate any of the provisions of this chapter.

A person who violates any of the provisions of subsection 1 is guilty of a gross misdemeanor.

[Part 13:198;1919; added 1947, 797 ; A 1949, 639 ; 1955, 391 ]—(NRS A 1987, 972 ; 1991, 2248 ; 1997, 1056 )

NRS 625.550

NRS

625.550

Intentional removal or defacement of monument unlawful; exception; penalty.

Except as otherwise provided in subsection 2, a person who intentionally removes, changes or defaces any monument that has been properly established and marked by a professional land surveyor as required by this chapter, is guilty of a public offense, as prescribed in NRS 193.155 , proportionate to the value of the loss resulting therefrom, but in no event less than a misdemeanor.
This section does not apply to a professional land surveyor who acts in accordance with NRS 625.380 .
As used in this section, the value of the loss resulting therefrom means the cost of restoring or replacing the monuments which have been removed, changed or defaced.

[Part 13:198:1919; added 1947, 797 ; A 1949, 639 ; 1955, 391 ]—(NRS A 1967, 639 ; 1989, 789 ; 1999, 964 )

NRS 625.560

NRS

625.560

Unlawful signing or stamping of document concerning land surveying.

It is unlawful for any person to sign or stamp any map, plat, report, description or other document pertaining to the practice of land surveying unless the person holds an unsuspended and unrevoked license as a professional land surveyor.

[Part 15:198:1919; added 1947, 797 ; A 1949, 639 ; 1953, 196 ; 1955, 391 ]—(NRS A 1961, 316 ; 1989, 789 ; 1991, 2248 ; 1997, 1056 )

NRS 625.565

NRS

625.565

Unlawful use of signature or stamp of professional engineer or professional land surveyor; regulations; penalty.

A professional land surveyor may practice land surveying and prepare:

(a) Maps, plats, reports and descriptions; and

(b) Grading and drainage plans for residential subdivisions containing four lots or less,

Ê or other documentary evidence in connection therewith.

It is unlawful for a professional land surveyor to sign or stamp any map, plat, report, description, grading and drainage plan or other document relating to land surveying which was not prepared by the professional land surveyor or for which he or she did not have responsible charge of the work.
It is unlawful for a professional engineer to sign or stamp any plans, specifications or reports that were not prepared by the professional engineer or for which he or she did not have responsible charge of the work.
It is unlawful for any person to impress any documents with the stamp of a professional engineer or professional land surveyor after the license of the professional engineer or professional land surveyor named on the stamp has expired or has been suspended or revoked, unless the license has been renewed or reissued.
It is unlawful for any person to impress any documents with the stamp of a professional engineer or professional land surveyor after the professional engineer or professional land surveyor has retired from the practice of professional engineering or land surveying.
The Board shall, by regulation, prescribe additional requirements relating to the signing and stamping of documents produced by a professional engineer or a professional land surveyor.
A person who violates any of the provisions of this section is guilty of a gross misdemeanor.

[Part 15:198:1919; added 1947, 797 ; A 1949, 639 ; 1953, 196 ; 1955, 391 ]—(NRS A 1961, 314 ; 1965, 1327 ; 1975, 1165 ; 1989, 785 ; 1991, 2244 , 2470 ;

1993, 627 , 628 ;

1997, 1047 )

NRS 625.570

NRS

625.570

Public officer or employee prohibited from engaging in private practice of professional engineering or land surveying during certain hours.

Any employee or officer who is employed on a full-time basis by the State, or a county, city or district thereof, who is paid a monthly or annual salary for his or her employment and whose public duty includes the practice of professional engineering or the practice of land surveying as defined in this chapter shall not engage in the private practice of professional engineering or the private practice of land surveying during the hours when he or she is required to perform his or her duties for the State, county, city or district.

[15:198:1919; added 1949, 639 ; 1943 NCL § 2875.05f]—(NRS A 1961, 316 ; 1975, 1164 ; 1997, 1056 )

NRS 632.120

NRS

632.120

Duties; regulations; additional fees.

The Board shall:

(a) Adopt regulations establishing reasonable standards:

(1) For the denial, renewal, suspension and revocation of, and the placement of conditions, limitations and restrictions upon, a license to practice professional or practical nursing or a certificate to practice as a nursing assistant or medication aide - certified.

(2) Of professional conduct for the practice of nursing.

(3) For prescribing and dispensing controlled substances and dangerous drugs in accordance with applicable statutes.

(4) For the psychiatric training and experience necessary for an advanced practice registered nurse to be authorized to make the diagnoses, evaluations and examinations described in NRS 432B.6078 , 432B.60816 , 433A.162 , 433A.240 , 433A.335 , 433A.390 , 433A.430 , 484C.300 and 484C.320 to 484C.350 , inclusive, the certifications described in NRS 432B.6075 , 432B.60814 , 433A.170 , 433A.195 and 433A.200 and the sworn statements or declarations described in NRS 433A.210

and 433A.335 .

(b) Prepare and administer examinations for the issuance of a license or certificate under this chapter.

(d) Carry out and enforce the provisions of this chapter and the regulations adopted pursuant thereto.

(e) Develop and disseminate annually to each registered nurse who cares for children information concerning the signs and symptoms of pediatric cancer.

The Board may adopt regulations establishing reasonable:

(a) Qualifications for the issuance of a license or certificate under this chapter.

(b) Standards for the continuing professional competence of licensees or holders of a certificate. The Board may evaluate licensees or holders of a certificate periodically for compliance with those standards.

The Board may adopt regulations establishing a schedule of reasonable fees and charges, in addition to those set forth in NRS 632.345 , for:

(a) Investigating licensees or holders of a certificate and applicants for a license or certificate under this chapter;

(b) Evaluating the professional competence of licensees or holders of a certificate;

(d) Duplicating and verifying records of the Board; and

(e) Surveying, evaluating and approving schools of practical nursing, and schools and courses of professional nursing,

Ê and collect the fees established pursuant to this subsection.

For the purposes of this chapter, the Board shall, by regulation, define the term in the process of obtaining accreditation.
The Board may adopt such other regulations, not inconsistent with state or federal law, as may be necessary to carry out the provisions of this chapter relating to nursing assistant trainees, nursing assistants and medication aides - certified.
The Board may adopt such other regulations, not inconsistent with state or federal law, as are necessary to enable it to administer the provisions of this chapter.

[Part 5:256:1947; A 1955, 608 ]—(NRS A 1985, 311 ; 1989, 2008 , 2050 ;

1993, 1218 ; 1999, 1326 ; 2003, 336 ; 2011, 1327 ; 2015, 2994 ; 2017, 1738 ; 2019, 529 , 1490 ;

2021, 3114 ; 2023, 2353 )

NRS 632.430

NRS

632.430

Schools of practical nursing: Standards and curricula; approval by Board; removal from approved list for just cause.

The Board may prescribe standards and curricula for schools of practical nursing, visit, survey and approve those schools, and remove those schools from a list of approved schools of nursing for just cause.
A school of practical nursing in this State must be:

(a) An accredited school of practical nursing; or

(b) An approved school of practical nursing in the process of obtaining accreditation.

[Part 3:154:1949; 1943 NCL § 4759.03]—(NRS A 1959, 189 ; 1999, 1330 ; 2003, 338 )

NRS 632.440

NRS

632.440

Schools and courses of professional nursing: Standards and curricula; surveys; approval by Board.

The Board shall prescribe curricula and standards for schools and courses of professional nursing. The Board shall provide for surveys of such schools and courses at such times as it may deem necessary. It shall approve such schools and courses as meet the requirements of this chapter and of the Board. It shall evaluate and approve courses for affiliation with approved schools of nursing in this State or with schools of nursing which have applied for such approval.
A school of professional nursing in this State must be:

(a) An accredited school of professional nursing; or

(b) An approved school of professional nursing in the process of obtaining accreditation.

[Part 1:256:1947; A 1949, 536 ; 1943 NCL § 4756.01] + [Part 3:256:1947; 1943 NCL § 4756.03] + [Part 5:256:1947; A 1955, 608 ]—(NRS A 1999, 1330 ; 2003, 338 )

NRS 632.460

NRS

632.460

Schools of professional nursing: Survey and written report required before approval.

The Board shall not approve a school of professional nursing until the Board has caused a thorough survey of the facilities of the school to be made. No such survey shall be deemed complete for the purposes of this section until a written report of the survey is made to the Board and the report has received the full consideration of the whole Board.
If any school of professional nursing making application for approval indicates that any course required by the prescribed curriculum is to be offered by an institution affiliated with the school, the Board shall cause a survey of the facilities of the affiliated institution to be made, and the written report concerning that institution must receive the full consideration of the Board before the Board approves the school of professional nursing.

[Part 15:256:1947; 1943 NCL § 4756.15]—(NRS A 1999, 1330 )

NRS 632.470

NRS

632.470

Schools of professional nursing: Periodic survey of approved schools; acceptance of survey from nationally recognized association; reports and recommendations; notice of deficiencies; effect of failure to remedy deficiencies.

Except as otherwise provided in this subsection, the Board shall periodically cause to be surveyed all approved schools of professional nursing in this State. Written reports of those surveys must be submitted to and considered by the full Board. In lieu of causing the approved schools of professional nursing to be surveyed, the Board may accept a survey and recommendation completed by a nationally recognized association that accredits schools of professional nursing, if the association has been approved by the Board.
If, after consideration of the reports, the Board determines that a school of professional nursing is not maintaining the standards required by this chapter and by the Board, notice thereof in writing specifying the deficiencies must forthwith be given to the school.
The Board shall revoke the approval of a school of professional nursing which fails to remedy such deficiencies within a reasonable time after receiving written notice thereof.

[Part 15:256:1947; 1943 NCL § 4756.15]—(NRS A 1973, 529 ; 1999, 1331 )

NRS 658.096

NRS

658.096

Fees charged by Commissioner; regulations.

The Commissioner shall charge and collect the following fees in connection with the Commissioners official duties:

(a) For licensing of state banks:

(1) A fee of not more than $400 for each parent bank, payable on June 30 of each year.

(2) A fee of not more than $200 for each branch bank or trust office, payable on June 30 of each year.

Ê The fees must accompany the application for renewal of the license. A penalty of 10 percent of the fee must be charged for each month or part of a month that the fees are not paid after June 30 of each year.

(b) For applications for new branch banks or trust offices, a nonrefundable fee of not more than $400 for the application and survey, to be paid by the applicant at the time of making the application. The applicant must also pay such additional expenses incurred in the process of investigation as the Commissioner deems necessary. All money received by the Commissioner pursuant to this paragraph must be placed in the Investigative Account for Financial Institutions created by NRS 232.545 .

(c) For examinations and the examination of trust departments of state banks or trust offices, a fee for conducting the examination and for preparing and typing the report of the examination at the rate established and, if applicable, adjusted pursuant to NRS 658.101 .

Except as otherwise provided in NRS 658.101 , the Commissioner shall adopt regulations establishing the amount of the fees required pursuant to this section.
Except as otherwise provided in paragraph (b) of subsection 1, all money collected pursuant to this section must be deposited in the State Treasury pursuant to the provisions of NRS 658.091 .
As used in this section, trust office has the meaning ascribed to it in subsection 4 of NRS 662.239 .

(Added to NRS by 1971, 967 ; A 1979, 955 ; 1981, 754 ; 1983, 1315 , 1722 ;

1987, 1898 , 2223 ;

1989, 2032 ; 1991, 1806 ; 1999, 839 ; 2003, 3226 ; 2005, 1842 ; 2017, 396 )

NRS 659.045

NRS

659.045

Examination and certification of proposed bank by Commissioner; payment and deposit of fees and expenses; regulations.

Upon receipt of a copy of the articles of incorporation or organization or the certificate of amendment of the articles of incorporation or organization of the proposed bank, the Commissioner shall at once examine all of the facts connected with the formation of the proposed banking corporation or company, including its location and proposed stockholders or members. If it appears that the bank, if formed, will be lawfully entitled to commence the business of banking, the Commissioner shall so certify to the Secretary of State, unless upon examination and investigation the Commissioner finds that:

(a) The proposed bank is formed for any other than legitimate banking business;

(b) The character, general fitness and responsibility of the persons proposed as stockholders, directors, officers, members or managers of the bank are not such as to command the confidence of the community in which the bank is proposed to be located;

(c) The probable volume of business and reasonable public demand in such community is not sufficient to assure and maintain the solvency of the new bank and of the bank or banks existing in the community at that time;

(d) The name of the proposed banking corporation or company does not comply with the provisions of NRS 657.200 .

The Commissioner shall not make the certification to the Secretary of State until the Commissioner has ascertained that the establishment of the bank will meet the needs and promote the convenience of the community to be served by the bank.
A nonrefundable fee of not more than $6,000 for the application and survey must be submitted to the Commissioner upon filing the articles or certificate of amendment with the Secretary of State. The proposed banking corporation or company shall also pay such additional expenses incurred in the process of investigation as the Commissioner deems necessary. All money received by the Commissioner pursuant to this section must be placed in the Investigative Account created by NRS 232.545 .
The Commissioner shall adopt regulations establishing the amount of the application fee required pursuant to this section.

(Added to NRS by 1971, 970 ; A 1983, 1316 , 1726 ;

1987, 1902 ; 1991, 1806 ; 1995, 475 ; 1997, 977 ; 2005, 1843 )

NRS 671.050

NRS

671.050

Application for license: Form and medium; contents; bond or securities; financial statement; fees and expenses; regulations; withdrawal of application.

Every application for a license required pursuant to this chapter must be in writing, signed by the applicant, and in the form and medium prescribed by the Commissioner.
The application must contain:

(a) A list of any criminal convictions of the applicant and any material litigation in which the applicant has been involved in the 10 years immediately preceding the date on which the application is submitted;

(b) A description of any money transmission previously provided by the applicant and the money transmission that the applicant seeks to provide in this State;

(c) A list of the applicants proposed authorized delegates and the locations in this State where the applicant and authorized delegates propose to engage in money transmission;

(d) A list of other states in which the applicant is licensed to engage in money transmission and any suspension or revocation of such a license or other disciplinary action taken against the applicant in another state;

(e) Information concerning any proceeding involving bankruptcy or receivership affecting the applicant or a person in control of the applicant;

(f) A sample form of contract for authorized delegates, if applicable;

(g) A sample form of payment instrument or stored value, as applicable;

(h) The name and address of any federally insured depository financial institution or privately insured depository financial institution through which the applicant plans to conduct money transmission; and

(i) Such other pertinent information as the Commissioner or Registry requires.

If the applicant is a business entity, the application must also contain:

(a) The date on which the applicant was incorporated or formed and the state or country in which the applicant was incorporated or formed;

(b) A certificate of good standing from the state or country in which the applicant was incorporated or formed, if applicable;

(c) A brief description of the structure or organization of the applicant, including, without limitation, information concerning any parents or subsidiaries of the applicant and whether any parent or subsidiary is publically traded;

(d) The legal name, any fictitious or trade name, each business and residential address and the employment history, as applicable, in the 10 years immediately preceding the submission of the application of each key individual and person in control of the applicant;

(e) A list of any criminal convictions and material litigation in which a person in control of the applicant that is not a natural person has been involved in the 10 years immediately preceding the submission of the application;

(f) A copy of audited financial statements of the applicant for the most recent fiscal year and for the 2 years immediately preceding the submission of the application;

(g) A certified copy of unaudited financial statements of the applicant for the most recent fiscal quarter;

(h) If the applicant is a publicly traded corporation, a copy of the most recent report filed with the United States Securities and Exchange Commission pursuant to 15 U.S.C. § 78m, as amended;

(i) If the applicant is a wholly owned subsidiary of:

(1) A corporation publicly traded in the United States, a copy of audited financial statements for the parent corporation for the most recent fiscal year or a copy of the most recent report filed by the parent corporation pursuant to 15 U.S.C. § 78m, as amended; or

(2) A corporation publicly traded outside the United States, a copy of documentation similar to that described in subparagraph (1) filed with the regulator of the domicile of the parent corporation outside the United States;

(j) The name and address of the registered agent of the applicant in this State; and

(k) Such other pertinent information as the Commissioner or Registry requires.

In addition to the application required by subsection 2, the applicant must also provide to the Commissioner:

(a) A surety bond or securities as required by this chapter.

(b) An audited financial statement, satisfactory to the Commissioner, showing that the applicants tangible net worth meets the requirements set forth in NRS 671.115 .

(c) A nonrefundable fee of not more than $500 for the application and survey. The applicant shall also pay such additional expenses incurred in the process of investigation as the Commissioner deems necessary.

(d) A fee of not less than $200 or more than $400, prorated on the basis of the licensing year as provided by the Commissioner.

The Commissioner shall adopt regulations establishing:

(a) The form and medium of any additional content required to be included in an application for a license. The regulations may require such an application to be in such form and medium and contain such additional content that the Commissioner determines to be necessary to carry out the purposes of this chapter and maintain consistency with the licensing standards and practices of the Registry.

(b) The amount of the fees required pursuant to this section. All money received by the Commissioner pursuant to this section must be placed in the Investigative Account created by NRS 232.545 .

The Commissioner shall consider an application to be withdrawn if the Commissioner has not received all information and fees required to complete the application within 6 months after the date the application is first submitted to the Commissioner or within such later period as the Commissioner determines in accordance with any existing policies of joint regulatory partners. If an application is deemed to be withdrawn pursuant to this subsection or if an applicant otherwise withdraws an application, the Commissioner may not issue a license to the applicant unless the applicant submits a new application and pays any required fees.

(Added to NRS by 1977, 1084 ; A 1981, 755 ; 1983, 1319 , 1764 ;

1987, 1950 ; 1991, 1810 ; 2005, 1854 ; 2023, 119 )

NRS 675.100

NRS

675.100

Fees for application and investigation; regulations.

At the time of making the application, the applicant shall pay to the Commissioner:

(a) A nonrefundable fee of not more than $1,000 for the application and survey;

(b) Any additional expenses incurred in the process of investigation as the Commissioner deems necessary; and

(c) A fee of not less than $200 or more than $1,000, prorated on the basis of the licensing year as provided by the Commissioner.

The Commissioner shall adopt regulations establishing the amount of the fees required pursuant to this section. All money received by the Commissioner pursuant to this section must be placed in the Investigative Account created by NRS 232.545 .

(Added to NRS by 1959, 228 ; A 1981, 757 ; 1983, 1326 , 1807 ;

1987, 1988 ; 1991, 1814 ; 2005, 1882 )

NRS 701.220

NRS

701.220

Adoption of regulations for energy conservation in buildings; exemptions; applicability and enforcement; certain design professionals not subject to disciplinary action under certain circumstances; procedures for adoption.

The Director shall adopt regulations for the conservation of energy in buildings, including manufactured homes. Except as otherwise provided in subsection 5, such regulations must include the adoption of the most recent version of the International Energy Conservation Code , issued by the International Code Council, and any amendments to the Code

that will not materially lessen the effective energy savings requirements of the Code and are deemed necessary to support effective compliance and enforcement of the Code , and must establish the minimum standards for:

(a) The construction of floors, walls, ceilings and roofs;

(b) The equipment and systems for heating, ventilation and air-conditioning;

(d) Insulation; and

(e) Other factors which affect the use of energy in a building.

Ê The regulations must provide for the adoption of the most recent version of the International Energy Conservation Code , and any amendments thereto, every third year.

The Director may exempt a building from a standard if the Director determines that application of the standard to the building would not accomplish the purpose of the regulations.
The regulations must authorize allowances in design and construction for sources of renewable energy used to supply all or a part of the energy required in a building.
The standards adopted by the Director are the minimum standards for the conservation of energy and energy efficiency in buildings in this State. The governing body of a local government that is authorized by law to adopt and enforce a building code:

(a) Except as otherwise provided in paragraph (b), shall incorporate the standards adopted by the Director in its building code;

(b) Except as otherwise provided in subsection 5, may adopt higher or more stringent standards and must report any such higher or more stringent standards, along with supporting documents, to the Director; and

The Director or the governing body of a local government shall not adopt a standard which mandates a requirement for air changes per hour that is outside the following ranges:

(a) Less than 4 1/2 or more than 7 air changes per hour for an attached residence or any residence for which fire sprinklers are installed; or

(b) Less than 4 or more than 7 air changes per hour for any residence other than a residence described in paragraph (a).

A design professional who complies with the standards adopted by the Director or the governing body of a local government pursuant to this section is not subject to disciplinary action by the State Board of Architecture, Interior Design and Residential Design pursuant to paragraph (f) of subsection 1 of NRS 623.270 or the State Board of Professional Engineers and Land Surveyors pursuant to NRS 625.410 .
Nothing in this section shall be deemed to prohibit the Director or the governing body of a local government from approving and implementing a program for the purpose of increasing energy efficiency in new residential construction through the use of sample inspections.
The Director shall solicit comments regarding the adoption of regulations pursuant to this section from:

(a) Persons in the business of constructing and selling homes;

(b) Contractors;

(d) Local building officials; and

(e) The general public,

Ê before adopting any regulations. The Director must conduct at least three hearings in different locations in the State, after giving 30 days notice of each hearing, before the Director may adopt any regulations pursuant to this section.

As used in this section, design professional means a person who holds a professional license or certificate issued pursuant to chapter 623 or 625 of NRS.

(Added to NRS by 1985, 1794 ; A 2001, 1251 , 3266 ;

2003, 32 ; 2005, 22nd Special Session, 76 ; 2009, 986 , 1375 ;

2011, 2059 ; 2015, 2147 )

NRS 701.555

NRS

701.555

Construction defined.

Construction means the erection, building, acquisition, alteration, remodeling, improvement or extension of a project and the inspection and supervision of such activities and includes, without limitation:

Any preliminary planning to determine the feasibility of a project;
Engineering, architectural, legal, environmental, fiscal or economic investigations or studies, surveys, designs, plans, working drawings, specifications or procedures that comply with the provisions of the American Recovery and Reinvestment Act and any regulations adopted pursuant thereto; and
Any other activities reasonably necessary to the completion of a project.

(Added to NRS by 2009, 2002 )

NRS 701.630

NRS

701.630

Energy Planning and Conservation Account: Creation; gifts, donations and grants; interest and income; claims; nonreversion; administration by Director of Department of Wildlife; regulations.

The Energy Planning and Conservation Account is hereby created in the State General Fund.
The Director of the Department of Wildlife may apply for and accept any gift, donation, bequest, grant or other source of money for use by the Account. Any money so received must be deposited in the Account.
The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. Claims against the Account must be paid as other claims against the State are paid.
Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
The Director of the Department of Wildlife shall administer the Account. The money in the Account must be used in accordance with the State Wildlife Action Plan and used by the Department:

(a) To conduct surveys of wildlife;

(b) To map locations of wildlife and wildlife habitat in this State;

(d) To match any federal money for a project or program for the conservation of any species of wildlife which is of critical concern; and

(e) To coordinate carrying out the provisions of this subsection in cooperation with the Office of Energy.

The Department of Wildlife shall adopt regulations to carry out the provisions of this section. The regulations must include, without limitation, the criteria for projects for which the Department may use money from the Account.
As used in this section, State Wildlife Action Plan means a statewide plan prepared by the Department of Wildlife and approved by the United States Fish and Wildlife Service which sets forth provisions for the conservation of wildlife and wildlife habitat, including, without limitation, provisions for assisting in the prevention of any species of wildlife from becoming threatened or endangered.

(Added to NRS by 2011, 2548 ; A 2013, 2766 )

NRS 707.280

NRS

707.280

Right-of-way for line: Procedure for appraisal and compensation for private land; appeal.

Any person or the persons assigns, who are constructing, or who have already constructed, or who may propose to construct, a telephone line as provided in NRS 707.230 to 707.280 , inclusive, have the right-of-way for the line and so much land as may be necessary to construct and maintain the line, and for this purpose may enter upon private lands along the line described in the certificate for the purpose of examining and surveying them.
Where the lands cannot be obtained by the consent of the owner or possessor thereof, so much of the land as may be necessary for the construction of the line may be appropriated by the person or the persons assigns (as the case may be), after making compensation therefor, as follows. The person or the persons agent shall select one appraiser, and the owner or possessor shall select one, and the two so selected shall select a third. The three shall appraise the lands sought to be appropriated, after having been first sworn, before a person authorized by law to administer oaths, to make a true appraisement thereof, according to the best of their knowledge and belief.
If the person or the persons agent tenders to the owner or possessor the appraised value of the lands, appraised as provided in subsection 2, the person or agent may proceed in the construction, or, if constructed, in the use of the line over the land so appraised, and may maintain the line over and upon the land, and at all times enter upon the land and pass over all adjoining lands for the purpose of constructing, maintaining and repairing the telephone line, notwithstanding the tender may be refused. The tender must always be kept good by the person or the persons agent.
An appeal may be taken by either party, from the finding of the appraisers, to the district court of the county within which the land so appraised is situated at any time within 3 months after the appraisement.

[6:17:1866; B § 3495; BH § 920; C § 1050; RL § 4629; NCL § 7671]—(NRS A 1985, 1223 ; 2013, 1953 )

TELEPHONE AND WIRELESS SERVICE

Rights and Responsibilities of Owners of Telephone Lines

NRS 78.045

NRS

78.045

Articles of incorporation: Approval or certification required before filing of certain articles or amendments.

The Secretary of State shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed pursuant to the laws of this State which provides that the name of the corporation contains the word bank or trust, unless:

(a) It appears from the articles or the certificate of amendment that the corporation proposes to carry on business as a banking or trust company, exclusively or in connection with its business as a bank, savings and loan association, savings bank or thrift company; and

(b) The articles or certificate of amendment is first approved by the Commissioner of Financial Institutions.

The Secretary of State shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed pursuant to the provisions of this chapter if it appears from the articles or the certificate of amendment that the business to be carried on by the corporation is subject to supervision by the Commissioner of Insurance or by the Commissioner of Financial Institutions, unless the articles or certificate of amendment is approved by the Commissioner who will supervise the business of the corporation.
Except as otherwise provided in subsection 7, the Secretary of State shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed pursuant to the laws of this State if the name of the corporation contains the words engineer, engineered, engineering, professional engineer, registered engineer or licensed engineer unless:

(a) The State Board of Professional Engineers and Land Surveyors certifies that the principals of the corporation are licensed to practice engineering pursuant to the laws of this State; or

(b) The State Board of Professional Engineers and Land Surveyors certifies that the corporation is exempt from the prohibitions of NRS 625.520 .

Except as otherwise provided in subsection 7, the Secretary of State shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed pursuant to the laws of this State if the name of the corporation contains the words architect, architecture, registered architect, licensed architect, registered interior designer, registered interior design, residential designer, registered residential designer, licensed residential designer or residential design unless the State Board of Architecture, Interior Design and Residential Design certifies that:

(a) The principals of the corporation are holders of a certificate of registration to practice architecture or residential design or to practice as a registered interior designer, as applicable, pursuant to the laws of this State; or

(b) The corporation is qualified to do business in this State pursuant to NRS 623.349 .

The Secretary of State shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed pursuant to the laws of this State which provides that the name of the corporation contains the word accountant, accounting, accountancy, auditor or auditing unless the Nevada State Board of Accountancy certifies that the corporation:

(a) Is registered pursuant to the provisions of chapter 628 of NRS; or

(b) Has filed with the Nevada State Board of Accountancy under penalty of perjury a written statement that the corporation is not engaged in the practice of accounting and is not offering to practice accounting in this State.

The Secretary of State shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed or existing pursuant to the laws of this State which provides that the name of the corporation contains the words common-interest community, community association, master association, unit-owners association or homeowners association or if it appears in the articles of incorporation or certificate of amendment that the purpose of the corporation is to operate as a unit-owners association pursuant to chapter 116 or 116B of NRS unless the Administrator of the Real Estate Division of the Department of Business and Industry certifies that the corporation has:

(a) Registered with the Ombudsman for Owners in Common-Interest Communities and Condominium Hotels pursuant to NRS 116.31158 or 116B.625 ; and

(b) Paid to the Administrator of the Real Estate Division the fees required pursuant to NRS 116.31155 or 116B.620 .

The provisions of subsections 3 and 4 do not apply to any corporation, whose securities are publicly traded and regulated by the Securities Exchange Act, which does not engage in the practice of professional engineering, architecture or residential design or interior design, as applicable.
The Commissioner of Financial Institutions and the Commissioner of Insurance may approve or disapprove the articles or amendments referred to them pursuant to the provisions of this section.

[4.5:177:1925; added 1949, 520 ; 1943 NCL § 1603.1]—(NRS A 1977, 1056 ; 1979, 1102 ; 1983, 467 , 1696 ;

1987, 1873 ; 1993, 128 ; 1995, 1112 ; 1997, 1058 ; 1999, 1706 , 2441 ;

2001, 111 ; 2003, 20th Special Session, 28 ; 2005, 2623 ; 2007, 2 , 2279 ;

2021, 1499 )

NRS 78.075

NRS

78.075

Railroad companies: Powers.

In furtherance of and in addition to the powers which railroad companies organized under this chapter are entitled to exercise, but not in limitation of any of the powers granted by this chapter, every railroad company may:

Cause such examination and surveys for the proposed railroad to be made as may be necessary to the selection of the most advantageous route for the railroad, and for such purposes, by their officers, agents and employees, to enter upon the lands or waters of any persons, but subject to responsibility for all damages which they do thereto.
Receive, hold, take and convey, by deed or otherwise, as a natural person might or could do, such voluntary grants and donations of real estate, and other property of every description, as may be made to it to aid and encourage the construction, maintenance and accommodation of the railroad.
Purchase, and by voluntary grants and donations receive and take, and by its officers, engineers, surveyors and agents, enter upon and take possession of, and hold and use, in any manner they may deem proper, all such lands and real estate, and other property as the directors may deem necessary and proper for the construction and maintenance of the railroad, and for the stations, depots and other accommodations and purposes, deemed necessary to accomplish the object for which the corporation is formed.
Lay out its road or roads, not exceeding 200 feet wide, and construct and maintain the road with such tracks and with such appendages as may be deemed necessary for the convenient use of it. The company may make embankments, excavations, ditches, drains, culverts or otherwise, and procure timber, stone and gravel, or other materials, and may take as much more land, whenever they may think proper, as may be necessary for the purposes aforesaid, in the manner hereinafter provided, for the proper construction and security of the road.
Construct their road across, along or upon any stream of water, watercourse, roadstead, bay, navigable stream, street, avenue or highway, or across any railway, canal, ditch or flume which the route of its road intersects, crosses or runs along, in such manner as to afford security for life and property. The corporation shall restore the stream or watercourse, road, street, avenue, highway, railroad, canal, ditch or flume thus intersected to its former state, as near as may be, or in a sufficient manner not to have impaired unnecessarily its usefulness or injured its franchises.
Cross, intersect, join and unite its railroad with any other railroad, either before or after constructed, at any point upon its route, and upon the grounds of such other railroad company, with the necessary turnouts, sidings and switches, and other conveniences, in furtherance of the objects of its connections; and every company whose railroad is, or will be hereafter, intersected by any new railroad in forming such intersections and connection, and grant the facilities aforesaid. If the two corporations cannot agree upon the amount of compensation to be made therefor, or the points or the manner of such crossings, intersections and connections, the same must be ascertained and determined by commissioners, to be appointed as is provided hereinafter in respect to the taking of lands, but this section is not to affect the rights and franchises heretofore granted.
Purchase lands, timber, stone, gravel or other materials to be used in the construction and maintenance of its road, or take them in the manner provided by this chapter. The railroad company may change the line of its road, in whole or in part, whenever a majority of the directors determine, as is provided hereinafter, but no such change may vary the general route of a road, as contemplated in the articles of incorporation of the company.
Receive by purchase, donation or otherwise, any lands, or other property, of any description, and hold and convey it in any manner the directors may think proper, the same as natural persons might or could do, that may be necessary for the construction and maintenance of its road, or for the erection of depots, turnouts, workshops, warehouses or for any other purposes necessary for the convenience of railroad companies, in order to transact the business usual for railroad companies.
Take, transport, carry and convey persons and property on their railroad, by the force and power of steam, of animals, or any mechanical power, or by any combinations of them, and receive tolls or compensation therefor.
Erect and maintain all necessary and convenient buildings, stations, depots and fixtures and machinery for the accommodation and use of their passengers, freight and business, obtain and hold the lands and other property necessary therefor, and acquire additional lands and rights-of-way and build and operate extensions or branches of its line of railroad.
Regulate the time and manner in which passengers and property are transported, and the tolls and compensation to be paid therefor, within the limits prescribed by law.
Regulate the force and speed of their locomotives, cars, trains or other machinery used and employed on their road, and establish, execute and enforce all needful and proper rules and regulations fully and completely for the management of its business transactions usual and proper for railroad companies.
Purchase, hold, sell and transfer shares of its own stock, bonds, debentures, or other securities issued by it, except that:

(a) No corporation may use its funds or property for the purchase of its own shares of stock when such use would cause any impairment of the capital of the corporation; and

(b) Shares of its own stock belonging to the corporation must not be voted upon, directly or indirectly, nor counted as outstanding for the purpose of any stockholders quorum or vote.

Acquire, own, and operate motor vehicles, and air transportation facilities, and transport persons and property along and over the streets and highways of this State, for the transportation, for hire, of passengers, property and freight, either directly or through a subsidiary company or companies, subject to all relevant provisions of law concerning permits, licenses, franchises and the regulation of such form of transportation by motor vehicles or other agencies.

Ê Whenever the track of a railroad crosses a railroad or highway, such railroad or highway may be carried under, over or on a level with the track, as may be most expedient, and in cases where an embankment or cutting makes a change in the line of such railroad or highway desirable, with a view to a more easy ascent or descent, the company may take such additional lands and materials, if needed for the construction of such road or highway, on such new line, as may be deemed requisite by the railroad. Unless the lands and materials so taken are purchased, or voluntarily given for the purpose aforesaid, compensation therefor must be ascertained in the manner provided by law.

[9(a):177:1925; added 1945, 196 ; 1943 NCL § 1608.01]—(NRS A 1993, 2762 )

NRS 78.080

NRS

78.080

Railroad companies: Rights-of-way granted by the State, counties and municipalities; limitations; reversion on abandonment; duties of companies.

The right-of-way is hereby given and granted to all railroad companies that are now organized, or may be organized under the provisions of this chapter, or under the laws of any other state or territory, or under any act of Congress, to locate, construct and maintain their roads, or any part or parcel thereof, over and through any of the swamp or overflowed lands belonging to this State, or any other public lands which are now or may be the property of the State, at the time of constructing the railroad.
Such railroad companies are hereby authorized to survey and mark through the lands of the State, to be held by them for the track of their respective railroads, 200 feet in width, for the whole length the roads may be located over the lands of the State; and the right is hereby further given and granted to the companies to locate, occupy and hold all necessary sites and grounds for watering places, depots or other buildings, for the convenient use of the same, along the line of the road or roads, so far as the places convenient for the same may fall upon the lands belonging to the State, except within the limits of any incorporated city or town, or within 3 miles where the same shall be taken, on paying to the State the value of the same.
No one depot, watering place, machine or workshop, or other buildings for the convenient use of such roads, shall cover over 6 acres each, and the sites or places on the lands of this State shall not be nearer to each other than 5 miles along the line of the roads.
The right is hereby further given and granted to the companies to take from any of the lands belonging to this State all such materials of earth, wood, stone or other materials whatever, as may be necessary or convenient, from time to time, for the first construction or equipment of the road or roads, or any part thereof.
If any road, at any time after its location, shall be discontinued or abandoned by the company or companies, or the location of any part thereof be so changed as not to cover the lands of the State thus previously occupied, then the lands so abandoned or left shall revert to this State.
When the location of the route of either of the railroads, or sites or places for depots, watering places, machine or workshops or other buildings for the convenient use of the same, shall be selected, the secretary of the company shall transmit to the Director of the State Department of Conservation and Natural Resources, and to the State Controller, and to the recorder of the county in which the lands so selected are situated, to each of the officers, a correct plot of the location of the railroad, or sites or places, before such selection shall become operative.
When any such company shall, for its purposes aforesaid, require any of the lands belonging to any of the counties, cities or towns in this State, the county, city and town officers, respectively, having charge of such lands, may grant and convey such land to such company, for a compensation which shall be agreed upon between them, or may donate and convey the same without any compensation; and if they shall not agree upon the sale and price, the same may be taken by the company as is provided in other cases of taking lands by condemnation.
Before any corporation incorporated or organized otherwise than under the laws of this State shall be entitled to any of the rights granted by this chapter, it shall file in the office of the county recorder of each county in which the railroad, or any part, extension or branch thereof shall be situate, a copy of its certificate or articles of incorporation, or of the act or law by which it was created, with the certified list of its officers, in the manner and form required by law.

[9(b):177:1925; added 1945, 196 ; 1943 NCL § 1608.02]—(NRS A 1957, 653 )

NRS 80.010

NRS

80.010

Filing requirements; distinguishable name of corporation required; availability of name of revoked, merged or otherwise terminated corporation; limitations; regulations.

Before commencing or doing any business in this State, each corporation organized pursuant to the laws of another state, territory, the District of Columbia, a possession of the United States or a foreign country that enters this State to do business must:

(a) File in the Office of the Secretary of State:

(1) The information required pursuant to NRS 77.310 . The street address of the registered agent is the registered office of the corporation in this State.

(2) A statement signed by an officer of the corporation, or some other person specifically authorized by the corporation to sign the statement, setting forth:

(I) A general description of the purposes of the corporation;

(II) The authorized stock of the corporation and the number and par value of shares having par value and the number of shares having no par value;

(III) A declaration of the existence of the corporation and the name of the jurisdiction of its incorporation or the governmental acts or other instrument of authority by which the corporation was created; and

(IV) A declaration that the corporation is in good standing in the jurisdiction of its incorporation or creation.

(b) Lodge in the Office of the Secretary of State a copy of the record most recently filed by the corporation in the jurisdiction of its incorporation setting forth the authorized stock of the corporation, the number of par-value shares and their par value, and the number of no-par-value shares.

The Secretary of State shall not file the records required by subsection 1 for any foreign corporation whose name is not distinguishable on the records of the Secretary of State from the names of all other artificial persons formed, organized, registered or qualified pursuant to the provisions of this title that are on file in the Office of the Secretary of State and all names that are reserved in the Office of the Secretary of State pursuant to the provisions of this title, unless the written, acknowledged consent of the holder of the name on file or reserved name to use the same name or the requested similar name accompanies the articles of incorporation.
For the purposes of this section and NRS 80.012 , a proposed name is not distinguishable from a name on file or reserved solely because one or the other names contains distinctive lettering, a distinctive mark, a trademark or trade name, or any combination thereof.
The name of a foreign corporation whose charter has been revoked, which has merged and is not the surviving entity or whose existence has otherwise terminated is available for use by any other artificial person.
The Secretary of State shall not accept for filing the records required by subsection 1 or NRS 80.110 for any foreign corporation if the name of the corporation contains the words engineer, engineered, engineering, professional engineer, registered engineer or licensed engineer unless the State Board of Professional Engineers and Land Surveyors certifies that:

(a) The principals of the corporation are licensed to practice engineering pursuant to the laws of this State; or

(b) The corporation is exempt from the prohibitions of NRS 625.520 .

The Secretary of State shall not accept for filing the records required by subsection 1 or NRS 80.110 for any foreign corporation if the name of the corporation contains the words architect, architecture, registered architect, licensed architect, registered interior designer, registered interior design, residential designer, registered residential designer, licensed residential designer or residential design unless the State Board of Architecture, Interior Design and Residential Design certifies that:

(b) The corporation is qualified to do business in this State pursuant to NRS 623.349 .

The Secretary of State shall not accept for filing the records required by subsection 1 or NRS 80.110 for any foreign corporation if it appears from the records that the business to be carried on by the corporation is subject to supervision by the Commissioner of Financial Institutions, unless the Commissioner certifies that:

(a) The corporation has obtained the authority required to do business in this State; or

(b) The corporation is not subject to or is exempt from the requirements for obtaining such authority.

The Secretary of State shall not accept for filing the records required by subsection 1 or NRS 80.110 for any foreign corporation if the name of the corporation contains the word accountant, accounting, accountancy, auditor or auditing unless the Nevada State Board of Accountancy certifies that the foreign corporation:

(a) Is registered pursuant to the provisions of chapter 628 of NRS; or

(b) Has filed with the Nevada State Board of Accountancy under penalty of perjury a written statement that the foreign corporation is not engaged in the practice of accounting and is not offering to practice accounting in this State.

The Secretary of State may adopt regulations that interpret the requirements of subsections 1 to 8, inclusive.
A person shall not file the records required by subsection 1 for any illegal purpose or with the fraudulent intent to conceal any business activity, or lack thereof, from another person or a governmental agency.

[Part 1:89:1907; A 1949, 503 ; 1951, 203 ; 1955, 404 ]—(NRS A 1957, 74 ; 1959, 839 ; 1965, 600 ; 1977, 404 ; 1979, 398 ; 1981, 385 ; 1985, 1874 ; 1987, 1059 ; 1989, 950 , 980 ,

1972 ;

1991, 99 , 1243 ,

2248 ;

1993, 129 , 980 ;

1995, 1117 , 2102 ;

1997, 1059 ; 1999, 1595 , 1707 ,

2442 ;

2001, 101 , 109 ;

2003, 3112 ; 2003, 20th Special Session, 41 ; 2007, 3 , 2651 ;

2013, 844 )

NRS 86.171

NRS

86.171

Name of company: Distinguishable name required; availability of name of revoked, merged or otherwise terminated company; limitations; regulations.

The name of a limited-liability company formed under the provisions of this chapter must contain the words Limited-Liability Company, Limited Liability Company, Limited Company, or Limited or the abbreviations Ltd., L.L.C., L.C., LLC or LC. The word Company may be abbreviated as Co.
The name proposed for a limited-liability company must be distinguishable on the records of the Secretary of State from the names of all other artificial persons formed, organized, registered or qualified pursuant to the provisions of this title that are on file in the Office of the Secretary of State and all names that are reserved in the Office of the Secretary of State pursuant to the provisions of this title. If a proposed name is not so distinguishable, the Secretary of State shall return the articles of organization to the organizer, unless the written, acknowledged consent of the holder of the name on file or reserved name to use the same name or the requested similar name accompanies the articles of organization.
For the purposes of this section and NRS 86.176 , a proposed name is not distinguishable from a name on file or reserved name solely because one or the other contains distinctive lettering, a distinctive mark, a trademark or a trade name, or any combination thereof.
The name of a limited-liability company whose charter has been revoked, which has merged and is not the surviving entity or whose existence has otherwise terminated is available for use by any other artificial person.
The Secretary of State shall not accept for filing any articles of organization for any limited-liability company if the name of the limited-liability company contains the word accountant, accounting, accountancy, auditor or auditing unless the Nevada State Board of Accountancy certifies that the limited-liability company:

(a) Is registered pursuant to the provisions of chapter 628 of NRS; or

(b) Has filed with the Nevada State Board of Accountancy under penalty of perjury a written statement that the limited-liability company is not engaged in the practice of accounting and is not offering to practice accounting in this State.

The Secretary of State shall not accept for filing any articles of organization or certificate of amendment of articles of organization of any limited-liability company formed or existing pursuant to the laws of this State which provides that the name of the limited-liability company contains the word bank or trust unless:

(a) It appears from the articles of organization or the certificate of amendment that the limited-liability company proposes to carry on business as a banking or trust company, exclusively or in connection with its business as a bank, savings and loan association, savings bank or thrift company; and

(b) The articles of organization or certificate of amendment is first approved by the Commissioner of Financial Institutions.

The Secretary of State shall not accept for filing any articles of organization or certificate of amendment of articles of organization of any limited-liability company formed or existing pursuant to the provisions of this chapter if it appears from the articles or the certificate of amendment that the business to be carried on by the limited-liability company is subject to supervision by the Commissioner of Insurance or by the Commissioner of Financial Institutions unless the articles or certificate of amendment is approved by the Commissioner who will supervise the business of the limited-liability company.
Except as otherwise provided in subsection 7, the Secretary of State shall not accept for filing any articles of organization or certificate of amendment of articles of organization of any limited-liability company formed or existing pursuant to the laws of this State which provides that the name of the limited-liability company contains the words engineer, engineered, engineering, professional engineer, registered engineer or licensed engineer unless:

(a) The State Board of Professional Engineers and Land Surveyors certifies that the principals of the limited-liability company are licensed to practice engineering pursuant to the laws of this State; or

(b) The State Board of Professional Engineers and Land Surveyors certifies that the limited-liability company is exempt from the prohibitions of NRS 625.520 .

Except as otherwise provided in subsection 7, the Secretary of State shall not accept for filing any articles of organization or certificate of amendment of articles of organization of any limited-liability company formed or existing pursuant to the laws of this State which provides that the name of the limited-liability company contains the words architect, architecture, registered architect, licensed architect, registered interior designer, registered interior design, residential designer, registered residential designer, licensed residential designer or residential design unless the State Board of Architecture, Interior Design and Residential Design certifies that:

(a) The principals of the limited-liability company are holders of a certificate of registration to practice architecture or residential design or to practice as a registered interior designer, as applicable, pursuant to the laws of this State; or

(b) The limited-liability company is qualified to do business in this State pursuant to NRS 623.349 .

The Secretary of State shall not accept for filing any articles of organization or certificate of amendment of articles of organization of any limited-liability company formed or existing pursuant to the laws of this State which provides that the name of the limited-liability company contains the words common-interest community, community association, master association, unit-owners association or homeowners association or if it appears in the articles of organization or certificate of amendment of articles of organization that the purpose of the limited-liability company is to operate as a unit-owners association pursuant to chapter 116 or 116B of NRS unless the Administrator of the Real Estate Division of the Department of Business and Industry certifies that the limited-liability company has:

(a) Registered with the Ombudsman for Owners in Common-Interest Communities and Condominium Hotels pursuant to NRS 116.31158 or 116B.625 ; and

(b) Paid to the Administrator of the Real Estate Division the fees required pursuant to NRS 116.31155 or 116B.620 .

The Secretary of State may adopt regulations that interpret the requirements of this section.

(Added to NRS by 1991, 1294 ; A 1993, 1013 ; 1995, 2108 ; 1997, 2812 ; 1999, 1612 , 1709 ;

2001, 101 ; 2003, 3137 ; 2003, 20th Special Session, 64 ; 2005, 2190 , 2258 ,

2627 ;

2007, 6 , 2284 )

NRS 87.450

NRS

87.450

Name of partnership: Distinguishable name required; limitations; availability of name of forfeited, merged or otherwise terminated partnership; regulations.

The name proposed for a registered limited-liability partnership must contain the words Limited-Liability Partnership or Registered Limited-Liability Partnership or the abbreviation L.L.P. or LLP as the last words or letters of the name and must be distinguishable on the records of the Secretary of State from the names of all other artificial persons formed, organized, registered or qualified pursuant to the provisions of this title that are on file in the Office of the Secretary of State and all names that are reserved in the Office of the Secretary of State pursuant to the provisions of this title. If the name of the registered limited-liability partnership on a certificate of registration of limited-liability partnership submitted to the Secretary of State is not distinguishable from a name on file or reserved name, the Secretary of State shall return the certificate to the person who signed it unless the written, acknowledged consent of the holder of the name on file or reserved name to use the name accompanies the certificate.
For the purposes of this section, a proposed name is not distinguishable from a name on file or reserved name solely because one or the other contains distinctive lettering, a distinctive mark, a trademark or a trade name, or any combination thereof.
The Secretary of State shall not accept for filing any certificate of registration or certificate of amendment of a certificate of registration of any registered limited-liability partnership formed or existing pursuant to the laws of this State which provides that the name of the registered limited-liability partnership contains the word accountant, accounting, accountancy, auditor or auditing unless the Nevada State Board of Accountancy certifies that the registered limited-liability partnership:

(a) Is registered pursuant to the provisions of chapter 628 of NRS; or

(b) Has filed with the Nevada State Board of Accountancy under penalty of perjury a written statement that the registered limited-liability partnership is not engaged in the practice of accounting and is not offering to practice accounting in this State.

The Secretary of State shall not accept for filing any certificate of registration or certificate of amendment of a certificate of registration of any registered limited-liability partnership formed or existing pursuant to the laws of this State which provides that the name of the registered limited-liability partnership contains the word bank or trust unless:

(a) It appears from the certificate of registration or the certificate of amendment that the registered limited-liability partnership proposes to carry on business as a banking or trust company, exclusively or in connection with its business as a bank, savings and loan association, savings bank or thrift company; and

(b) The certificate of registration or certificate of amendment is first approved by the Commissioner of Financial Institutions.

The Secretary of State shall not accept for filing any certificate of registration or certificate of amendment of a certificate of registration of any registered limited-liability partnership formed or existing pursuant to the provisions of this chapter if it appears from the certificate of registration or the certificate of amendment that the business to be carried on by the registered limited-liability partnership is subject to supervision by the Commissioner of Insurance or by the Commissioner of Financial Institutions, unless the certificate of registration or certificate of amendment is approved by the Commissioner who will supervise the business of the registered limited-liability partnership.
Except as otherwise provided in subsection 5, the Secretary of State shall not accept for filing any certificate of registration or certificate of amendment of a certificate of registration of any registered limited-liability partnership formed or existing pursuant to the laws of this State which provides that the name of the registered limited-liability partnership contains the words engineer, engineered, engineering, professional engineer, registered engineer or licensed engineer unless:

(a) The State Board of Professional Engineers and Land Surveyors certifies that the principals of the registered limited-liability partnership are licensed to practice engineering pursuant to the laws of this State; or

(b) The State Board of Professional Engineers and Land Surveyors certifies that the registered limited-liability partnership is exempt from the prohibitions of NRS 625.520 .

Except as otherwise provided in subsection 5, the Secretary of State shall not accept for filing any certificate of registration or certificate of amendment of a certificate of registration of any registered limited-liability partnership formed or existing pursuant to the laws of this State which provides that the name of the registered limited-liability partnership contains the words architect, architecture, registered architect, licensed architect, registered interior designer, registered interior design, residential designer, registered residential designer, licensed residential designer or residential design unless the State Board of Architecture, Interior Design and Residential Design certifies that:

(a) The principals of the registered limited-liability partnership are holders of a certificate of registration to practice architecture or residential design or to practice as a registered interior designer, as applicable, pursuant to the laws of this State; or

(b) The registered limited-liability partnership is qualified to do business in this State pursuant to NRS 623.349 .

The Secretary of State shall not accept for filing any certificate of registration or certificate of amendment of a certificate of registration of any registered limited-liability partnership formed or existing pursuant to the laws of this State which provides that the name of the registered limited-liability partnership contains the words common-interest community, community association, master association, unit-owners association or homeowners association or if it appears in the certificate of registration or certificate of amendment that the purpose of the registered limited-liability partnership is to operate as a unit-owners association pursuant to chapter 116 or 116B of NRS unless the Administrator of the Real Estate Division of the Department of Business and Industry certifies that the registered limited-liability partnership has:

(a) Registered with the Ombudsman for Owners in Common-Interest Communities and Condominium Hotels pursuant to NRS 116.31158 or 116B.625 ; and

(b) Paid to the Administrator of the Real Estate Division the fees required pursuant to NRS 116.31155 or 116B.620 .

The name of a registered limited-liability partnership whose right to transact business has been forfeited, which has merged and is not the surviving entity or whose existence has otherwise terminated is available for use by any other artificial person.
The Secretary of State may adopt regulations that interpret the requirements of this section.

(Added to NRS by 1995, 1468 ; A 1997, 2815 ; 1999, 1617 ; 2003, 20th Special Session, 77 ; 2005, 2629 ; 2007, 8 , 2286 )

NRS 88.320

NRS

88.320

Name of partnership: Distinguishable name required; limitations; availability of name of forfeited, merged or otherwise terminated partnership; regulations.

Except as otherwise provided in NRS 88.6065 , the name proposed for a limited partnership as set forth in its certificate of limited partnership:

(a) Must contain the words Limited Partnership, or the abbreviation LP or L.P.;

(b) May not contain the name of a limited partner unless:

(1) It is also the name of a general partner or the corporate name of a corporate general partner; or

(2) The business of the limited partnership had been carried on under that name before the admission of that limited partner; and

(c) Must be distinguishable on the records of the Secretary of State from the names of all other artificial persons formed, organized, registered or qualified pursuant to the provisions of this title that are on file in the Office of the Secretary of State and all names that are reserved in the Office of the Secretary of State pursuant to the provisions of this title. If the name on the certificate of limited partnership submitted to the Secretary of State is not distinguishable from any name on file or reserved name, the Secretary of State shall return the certificate to the filer, unless the written, acknowledged consent to the use of the same or the requested similar name of the holder of the name on file or reserved name accompanies the certificate of limited partnership.

For the purposes of this section, a proposed name is not distinguished from a name on file or reserved name solely because one or the other contains distinctive lettering, a distinctive mark, a trademark or a trade name, or any combination thereof.
The Secretary of State shall not accept for filing any certificate of limited partnership for any limited partnership formed or existing pursuant to the laws of this State which provides that the name of the limited partnership contains the word accountant, accounting, accountancy, auditor or auditing unless the Nevada State Board of Accountancy certifies that the limited partnership:

(a) Is registered pursuant to the provisions of chapter 628 of NRS; or

(b) Has filed with the Nevada State Board of Accountancy under penalty of perjury a written statement that the limited partnership is not engaged in the practice of accounting and is not offering to practice accounting in this State.

The Secretary of State shall not accept for filing any certificate of limited partnership for any limited partnership formed or existing pursuant to the laws of this State which provides that the name of the limited partnership contains the word bank or trust unless:

(a) It appears from the certificate of limited partnership that the limited partnership proposes to carry on business as a banking or trust company, exclusively or in connection with its business as a bank, savings and loan association, savings bank or thrift company; and

(b) The certificate of limited partnership is first approved by the Commissioner of Financial Institutions.

The Secretary of State shall not accept for filing any certificate of limited partnership for any limited partnership formed or existing pursuant to the provisions of this chapter if it appears from the certificate of limited partnership that the business to be carried on by the limited partnership is subject to supervision by the Commissioner of Insurance or by the Commissioner of Financial Institutions, unless the certificate of limited partnership is approved by the Commissioner who will supervise the business of the limited partnership.
Except as otherwise provided in subsection 5, the Secretary of State shall not accept for filing any certificate of limited partnership for any limited partnership formed or existing pursuant to the laws of this State which provides that the name of the limited partnership contains the words engineer, engineered, engineering, professional engineer, registered engineer or licensed engineer unless:

(a) The State Board of Professional Engineers and Land Surveyors certifies that the principals of the limited partnership are licensed to practice engineering pursuant to the laws of this State; or

(b) The State Board of Professional Engineers and Land Surveyors certifies that the limited partnership is exempt from the prohibitions of NRS 625.520 .

Except as otherwise provided in subsection 5, the Secretary of State shall not accept for filing any certificate of limited partnership for any limited partnership formed or existing pursuant to the laws of this State which provides that the name of the limited partnership contains the words architect, architecture, registered architect, licensed architect, registered interior designer, registered interior design, residential designer, registered residential designer, licensed residential designer or residential design unless the State Board of Architecture, Interior Design and Residential Design certifies that:

(a) The principals of the limited partnership are holders of a certificate of registration to practice architecture or residential design or to practice as a registered interior designer, as applicable, pursuant to the laws of this State; or

(b) The limited partnership is qualified to do business in this State pursuant to NRS 623.349 .

The Secretary of State shall not accept for filing any certificate of limited partnership for any limited partnership formed or existing pursuant to the laws of this State which provides that the name of the limited partnership contains the words common-interest community, community association, master association, unit-owners association or homeowners association or if it appears in the certificate of limited partnership that the purpose of the limited partnership is to operate as a unit-owners association pursuant to chapter 116

or 116B of NRS unless the Administrator of the Real Estate Division of the Department of Business and Industry certifies that the limited partnership has:

(a) Registered with the Ombudsman for Owners in Common-Interest Communities and Condominium Hotels pursuant to NRS 116.31158 or 116B.625 ; and

(b) Paid to the Administrator of the Real Estate Division the fees required pursuant to NRS 116.31155 or 116B.620 .

The name of a limited partnership whose right to transact business has been forfeited, which has merged and is not the surviving entity or whose existence has otherwise terminated is available for use by any other artificial person.
The Secretary of State may adopt regulations that interpret the requirements of this section.

(Added to NRS by 1985, 1280 ; A 1987, 66 , 1061 ;

1993, 1018 ; 1997, 2817 ; 1999, 1621 ; 2001, 1397 , 3199 ;

2003, 20th Special Session, 92 ; 2005, 2631 ; 2007, 10 , 2288 )

NRS 90.257

NRS

90.257

Nevada certified investor defined.

Nevada certified investor means a natural person who is, or a married couple who each are, a resident of this State and who, at the time an offer to sell or sale of a security is made to the person or couple:

(a) Holds an ownership interest of more than 50 percent in a business that has reported a gross revenue of more than $200,000 or 2 1/2 times the median household income, whichever is greater, on each federal income tax return filed for the 2 immediately preceding calendar years; or

(b) Has reported an income on the federal income tax return of the person or couple filed for the immediately preceding calendar year that exceeds the greater of:

(1) One hundred thousand dollars, if the person filed an individual federal income tax return, or $150,000, if the couple jointly filed a federal income tax return; or

(2) The median household income.

As used in this section, median household income means the median household income in this State, as identified in the most recent data from the American Community Survey published by the Bureau of the Census of the United States Department of Commerce or as determined by the Administrator based on another source of data specified by the Administrator by regulation.

(Added to NRS by 2023, 1332 )

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)