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Elko County, NV Environmental Rules: Erosion Control (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Grading rule
Elko County Code § 5-4-6(C)
Accepted treatments
Grass or protective cover, mulch, riprap, or drainage benches
Geologic report
Can be required before tentative plat approval (§ 5-4-6(A))
Clearing limits
Planning Commission conditions on brush, tree and earth moving (§ 5-4-7(B))
Live streams
Conservation easement; no filling or sidecasting inside it
Fine per offense
$25.00 to $500.00, or up to six months jail

Summary

In unincorporated Elko County, Nevada, § 5-4-6 requires cleared slopes, cuts, fills and other erosion-prone areas in a development to be stabilized with grass or other protective cover, or mulched, riprapped for slope control, or treated with drainage benches as the county determines. The Planning Commission can also restrict clearing and earth moving at tentative plat approval.

These county ordinances apply to unincorporated areas of Elko County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(A) If geologic problems are likely or apparent, a geologic survey report may be required prior to tentative plat approval. (B) All grading requirements shall be as set forth herein. (C) All cleared slopes, all cuts and fills and all other areas vulnerable to erosion shall be either stabilized with grass or other protective cover, or properly mulched to assure establishment, riprapped for slope control, treated with appropriate drainage benches as may be determined by the County. On steep slopes it may be required to provide controls as necessary to the circumstance.

Full Breakdown

Elko County Code § 5-4-6 is the grading section of the subdivision regulations, and subsection (C) is the erosion control rule. All cleared slopes, all cuts and fills and all other areas vulnerable to erosion must be stabilized with grass or other protective cover, or properly mulched to assure establishment, riprapped for slope control, or treated with appropriate drainage benches as determined by the County. On steep slopes the code adds that controls can be required as necessary to the circumstance, so the county sets the treatment for each site. Subsection (A) adds a geologic layer: if geologic problems are likely or apparent, a geologic survey report can be required before tentative plat approval. Subsection (B) says all grading requirements are those set out in the section.

Other Title 5 sections tighten the rule. Under § 5-4-7(B), at the time of tentative plat approval the Planning Commission can impose, as a condition of approval, restrictions on the making of improvements that consist of clearing brush and trees or moving earth by mechanical equipment. Those restrictions can include a period of time during which no such improvements can be made, once the Planning Commission determines the work would present a real danger of pollution, contamination or silting of lakes, rivers, streams or domestic water supplies, of erosion damage, or of alteration of natural drainage patterns in a way likely to damage property or persons.

Section 5-4-7(C) requires all water leaving a development to be discharged into a controlled outlet stabilized storm channel for erosion control, and off-site drainage water must be materially free of silt or other polluting features. Section 5-4-5(C) protects live streams: a conservation easement, with a width set by stream flow requirements, must be provided along all live streams to contain the channel during flood stages, and no tree or bush removal, gravel excavating, filling or sidecasting of materials is allowed within it. Section 5-4-5(B) preserves natural drainage ways with appropriate easements.

Violations & Fines

Section 5-1-4 applies to the whole subdivision title. Under subsection (B), a person is guilty of a separate offense for every day during any portion of which a violation of any provision of the Title, including a physical condition created in violation of it, is permitted, continued or committed. Section 5-1-4(A) sets punishment as a misdemeanor fine of not less than $25.00 nor more than $500.00, or up to six months in the county jail, or both.

Frequently Asked Questions

What does Elko County require on cut and fill slopes?
Section 5-4-6(C) requires cleared slopes, cuts and fills to be stabilized with grass or other protective cover, or properly mulched, riprapped for slope control, or treated with appropriate drainage benches as determined by the County. On steep slopes, further controls can be required as the circumstances call for.
Can the county freeze clearing and grading on a subdivision site?
Yes. Under § 5-4-7(B), at tentative plat approval the Planning Commission can condition approval on restrictions on clearing brush and trees or moving earth by mechanical equipment, including a period during which no such work occurs, when it finds a real danger of silting, erosion damage or harmful drainage changes.
Is a geologic report required for grading?
Section 5-4-6(A) says that if geologic problems are likely or apparent, a geologic survey report can be required before tentative plat approval. The code does not make the report automatic. It is triggered by likely or apparent geologic problems in the development area.
What protects streams from sediment in a development?
Section 5-4-5(C) requires a conservation easement along all live streams, sized by stream flow requirements. No tree or bush removal, gravel excavating, filling or sidecasting of materials is allowed inside it. Section 5-4-7(C) also requires off-site drainage water to be materially free of silt.
Does this apply in the cities of Elko or West Wendover?
No. The Elko County Code applies in unincorporated Elko County, Nevada, under the Board of County Commissioners. Elko, Carlin, Wells and West Wendover are incorporated cities with their own codes, so their erosion and grading rules come from those cities.

Sources & Official References

Other rules in Elko County

All Elko County rules

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