Nevada Administrative Code
Chapter 408 - Highways, Roads and Transportation Facilities
ACQUISITION AND DISPOSAL OF PROPERTY FOR HIGHWAYS
Section 408.559 - Manual for relinquishment of roadways; development; approval; revision
Universal Citation: NV Admin Code 408.559
Current through September 16, 2024
1. The Department, in cooperation with local governments, will develop a manual which sets forth the process for proposing, developing, evaluating and completing the relinquishment of a portion of a state highway from the Department to a local government or a portion of a county or city road from a local government to the Department pursuant to NRS 408.527. The manual will be developed as follows:
(a) The Department will develop a
proposed draft of the manual and transmit a copy to the chief administrative
officer of each local government.
(b) A local government may submit comments to
the Department on the proposed manual during a review period specified by the
Department, but not less than 45 calendar days after the receipt of the
proposed manual.
(c) The
Department will develop a written response to each comment submitted pursuant
to paragraph (b), and a compilation of all comments and responses will be
transmitted to each local government not later than 20 calendar days after the
conclusion of the review period specified by the Department pursuant to
paragraph (b).
(d) The Department
will make a good faith effort to resolve any disagreement with a local
government before submitting the proposed manual to the Board.
(e) The Board shall consider the proposed
manual for approval at a scheduled public meeting. All persons in attendance at
the public meeting must be afforded the opportunity to provide comment upon the
proposed manual.
(f) The Board
shall consider the recommendations of the Department and any comment presented
during the meeting and shall approve or deny the proposed manual during the
meeting or as soon as practicable at a subsequent public meeting. If the Board
denies the proposed manual, it shall direct the Department to work with local
governments to develop a new draft to be submitted to the Board for approval at
a subsequent public meeting, subject to the requirements of paragraph (e).
(g) If the Board approves the
proposed manual, the manual becomes effective upon approval and will be made
accessible to the public on the Internet website maintained by the
Department.
2. After the initial approval of the proposed manual by the Board pursuant to subsection 1, beginning during the month of October or November of each year, the Department may revise the manual as follows:
(a) The
Department will transmit a copy of any proposed revisions to the chief
administrative officer of each local government.
(b) A local government may submit comments on
the proposed revisions during a review period specified by the Department, but
not less than 30 days after the receipt of the proposed revisions.
(c) The Department will respond to each
comment in writing, and a compilation of all comments and responses will be
transmitted to each local government not later than 20 days after the
conclusion of the review period specified by the Department pursuant to
paragraph (b).
(d) Within 10
calendar days after transmitting the responses to each local government
pursuant to paragraph (c), the Department will submit the proposed revisions to
the Board. The Department will make a good faith effort to resolve any
disagreement with a local government before submitting the proposed revisions
to the Board.
(e) The Board shall
consider the proposed revisions to the manual for approval at a scheduled
public meeting. All persons in attendance at the public meeting must be
afforded the opportunity to provide comment upon the proposed revisions.
(f) The Board shall consider the
recommendations of the Department and any comment presented during the meeting
and shall approve or deny the proposed revisions to the manual during the
meeting or as soon as practicable at a subsequent public meeting. Any proposed
revisions approved by the Board become effective upon approval. A revised
manual which includes those revisions will be made accessible to the public on
the Internet website maintained by the Department. Any proposed revisions not
approved by the Board will not be included in the revised manual.
(g) The decision of the Board pursuant to
paragraph (f) is final, and no further revisions may be proposed until the next
annual revision period described in this subsection.
3. As used in this section:
(a) "Board" means the Board of Directors of
the Department of Transportation.
(b) "Local government" means the governing
body of any incorporated city in this State or the board of county
commissioners of any county in this State.
Added to NAC by Dep't of Transportation, by R012-15, eff. 10/27/2015
NRS 408.527
The section number and name will be updated when available.
Disclaimer: These regulations may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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