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Elko County, NV Environmental Rules: Stormwater Management (2026)

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

Key Facts

Drainage rule
Elko County Code § 5-4-7(C)
Required outlet
Storm drainage facility or natural watercourse
Outlet quality
Controlled outlet stabilized storm channel; water materially free of silt
Drainage easements
Not less than a total of ten feet (§ 5-4-5(A))
Storm sewer entry
Only under the Director's authorization (§ 9-2-2(B))
Fine per offense
$25.00 to $500.00, or up to six months jail

Summary

In unincorporated Elko County, Nevada, § 5-4-7(C) requires a developer to design a development so it is protected from inundation, flood hazard, sheet overflow and ponding of local storm water, and to carry water to a storm drainage facility or natural watercourse. Off-site drainage water must be materially free of silt or other polluting features.

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.

(C) Drainage: The developer shall design the development so that it shall be protected from inundation, flood hazard, sheet overflow, and ponding of local storm water, springs and other surface waters. The design of improvements shall be such that water occurring within the development will be carried off without injury to any improvements, building sites or residences to be installed on lots within the development or adjoining areas. Waters occurring within the development shall be carried to a storm drainage facility or to a natural watercourse by such improvements as may be required. ... All water shall be discharged into a controlled outlet stabilized storm channel for erosion control. All such off-site drainage water shall be materially free of silt or other polluting features.

Full Breakdown

Elko County Code § 5-4-7(C), titled Drainage, is the stormwater design rule for developments reviewed under the subdivision regulations. The developer must design the development so it is protected from inundation, flood hazard, sheet overflow, and ponding of local storm water, springs and other surface waters. Improvements must carry water occurring within the development off without injury to any improvements, building sites or residences on lots in the development or in adjoining areas. That water must be carried to a storm drainage facility or to a natural watercourse by whatever improvements are required.

Two downstream tests sit in the same paragraph. Any off-tract outlet drainage facility required to carry storm water from the proposed development to a defined channel or conduit must be made adequate for the ultimate state of improvement in the drainage area, and drainage design inside the development must accommodate reasonable anticipated future improvement within the drainage area. All water must be discharged into a controlled outlet stabilized storm channel for erosion control, and all such off-site drainage water must be materially free of silt or other polluting features.

Easement rules support the design. Under § 5-4-5(A), the developer grants easements not less than a total of ten feet in width for public utility, sanitary sewer and drainage, and other public purposes on yard or open areas wherever necessary, and the County can allow lesser widths and prescribes the width in that case. Under § 5-4-5(B), all natural drainage ways are preserved with appropriate easements and pedestrian walkways where necessary.

The code also draws a line between storm and sanitary sewers in the sewer chapter that names the unincorporated Town of Jackpot. Section 9-2-2(B) excludes all other matter of any nature from the parts of the sewer system the Director designates as storm sewers, and drainage water is directed into a storm sewer only under the authorization and direction of the Director. Section 9-2-2(C) excludes discharge of any stormwater, surface water, groundwater or roof runoff from all parts of the sewer system designated as the sanitary sewer system.

Violations & Fines

Section 5-1-4 covers violations of the 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 any physical condition created in violation of it, is permitted, continued or committed. Section 5-1-4(A) sets the 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 drainage standard must a development meet in Elko County?
Section 5-4-7(C) requires the developer to design the development so it is protected from inundation, flood hazard, sheet overflow and ponding of local storm water, springs and other surface waters, and so water is carried off without injury to improvements, building sites or residences in the development or adjoining areas.
Where does the water have to go?
Waters occurring within the development must be carried to a storm drainage facility or to a natural watercourse by the required improvements. All water is discharged into a controlled outlet stabilized storm channel for erosion control, and any off-tract outlet facility must be adequate for the ultimate state of improvement.
How wide must drainage easements be?
Under § 5-4-5(A), easements for public utility, sanitary sewer and drainage, and other public purposes must total not less than ten feet in width on yard or open areas wherever necessary. The County can allow lesser widths when the purpose can be met with less, and it prescribes the width.
Can stormwater go into a sanitary sewer?
No. Section 9-2-2(C) excludes any stormwater, surface water, groundwater or roof runoff from all parts of the sewer system designated as the sanitary sewer system. Section 9-2-2(B) allows drainage water into a storm sewer only under the authorization and direction of the Director.
Are natural drainage ways protected?
Yes. Section 5-4-5(B) says all natural drainage ways shall be preserved with appropriate easements and pedestrian walkways where necessary. Section 5-4-7(B) also lets the Planning Commission restrict clearing and earth moving when it finds a danger of altering natural drainage patterns in a way likely to cause damage.

Sources & Official References

Other rules in Elko County

All Elko County rules

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