Elko County supports the rights of the people to travel over and through, state and federally managed lands, for the lawful purposes of economic propriety, private necessity, recreation including, but not limited to, hunting, fishing, rock hounding, wood gathering, post cutting, and other activities such as snowmobiling.
(A) Trustee Of Public Roads: Except for state and federal highways, Elko County, a political subdivision of the state of Nevada, holds title as trustee for the public to all public roads situated in Elko County, of every kind whatsoever and however such roads may have come into being.
(B) Closure; Maintenance: Elko County will:
1. Oppose closure of any public road except as authorized by this chapter or Nevada Revised Statutes.
2. Maintain the public roads by conventional or other appropriate means, as from time to time authorized by the Elko County board of commissioners, or designate certain public roads as roads to be maintained only by passage and use without liability to the county, as permitted by the Nevada Revised Statutes. (Ord. 01-2009, 6-17-2009, eff. 7-24-2009)
(C) Map: The division of planning and zoning shall prepare and maintain a map or series of maps showing the location of all publicly maintained county roads as hereinabove described.
(D) Map Amendments: The map of county roads prepared by the Elko County division of planning and zoning, as the same may from time to time be amended, is made a part of this chapter by reference. The map of county roads may be revised by action of the Elko County board of commissioners. (Ord. 2015-13, 7-8-2015, eff. 2-20-2016)
(E) Closures; Restrictions: No person or persons shall interfere with the right of the public to travel upon the public roads, except:
1. Public roads temporarily closed by the Elko County board of commissioners for reasons of public safety. The Elko County sheriff may effect temporary closures for reasons of public safety pending ratification of such action by the Elko County board of commissioners.
2. Public roads may be closed permanently or abandoned by the Elko County board of commissioners only after complying with state law.
3. The Elko County board of commissioners may grant temporary exclusive licenses to use, or place lesser restrictions on the public use of a public road to accommodate mining activity, provided: a) an alternate access route if reasonably available and at the licensee's expense is provided to the areas served by the public road; b) the licensee maintains the public road and returns it to the county at the conclusion of the mining activity in as good or better condition than at the time of the licensing; and c) thirty (30) days' notice is given of the intent to temporarily limit use of the public road for mining activity and holding a public hearing on the proposed limitation(s).
(F) Definitions: As used in this section, the following terms have the meanings ascribed to them in this subsection:
CONSTRUCTION: The establishment of a road by mechanical or other means, including repeated use.
COUNTY ROAD: Any public road situated within Elko County, except for designated state and federal highways.
HIGHWAY: 1. Modern Usage: Any state or federally designated road, usually paved or graveled.
2. Traditional (R.S. 2477) Use: Any road, trace, trail, canal, navigable waterway, or other route used by humans for travel by wheeled vehicle, horseback, foot, boat or otherwise. This definition includes all highways established across public land pursuant to the mining law of 1866, which was repealed by enactment of the federal lands policy management act (FLPMA) in 1976.
MAINTENANCE: Includes maintenance, construction, reconstruction and repair of a road by mechanical or other means, including repeated use.
PUBLIC ROAD: Any roads open to travel by the general public. The term includes, without limitation, roads: 1) on land held in fee simple by the county; 2) easements across land held or claimed by others; 3) pursuant to express or implied permit, license or easement on lands held or claimed by others; 4) canals or navigable waterways. Roads established pursuant to the grant of right of way by the mining law of 1866 (R.S. 2477 roads) are public roads.
RIGHT OF WAY: The entire fee, easement, licensed or permitted area for a road; the traveled way, together with such adjoining lands as may be required for construction or maintenance of a road.
ROAD: Any highway (traditional definition), road, trail, trace, footpath, canal, navigable waterway, or other route, whether constructed or created by repeated use, whether maintained by mechanical means or repeated use, or used by humans for transportation by wheeled vehicle, horseback, foot, boat or otherwise. (Ord. 01-2009, 6-17-2009, eff. 7-24-2009)