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Elko County, NV Homelessness & Encampment Rules: Encampment Sanitation (2026)

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

Key Facts

Covered towns
Unincorporated Mountain City and Montello
Camping defined
Sleeping more than four hours at a time
Guest allowance
Land occupier, family and up to six guests
Reasonableness cutoff
More than seven days in succession is not reasonable
Jarbidge townsite
Overnight camping unlawful under § 10-6-1
Chapter 1 penalty
Up to six months in jail or up to $1,000 fine (§ 7-1-26)

Summary

In unincorporated Elko County, Nevada, Elko County Code § 7-1-1 makes it unlawful to camp in the unincorporated towns of Mountain City and Montello, on private property or on any street, alley or other public property. Camping means sleeping more than four hours at a time in a vehicle, trailer, tent or similar item, or in the open.

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.

It shall be unlawful for any person to camp within the unincorporated town of Mountain City or the unincorporated town of Montello, on private property or on any street, alley or other public property whatever; provided, however, that this section shall not apply to any vehicle or structure allowed by the prevailing zoning ordinance and which is in compliance with the Elko County building codes. Further, this section shall not apply to the camping of a land occupier or a member of his family or up to six (6) of his guests on the land occupier's land so long as such camping is reasonable in all respects. If such camping continues for more than seven (7) days in succession, it shall not be considered reasonable. For the purpose of this section, "camping" shall mean sleeping for more than four (4) hours at a time in a trailer, camper vehicle, other vehicle, tent or similar item, or in the open.

Full Breakdown

The rule is town-specific. Section 7-1-1 covers only the unincorporated town of Mountain City and the unincorporated town of Montello, and it reaches private property as well as every street, alley and other public property. The definition turns on sleep: "camping" is sleeping for more than four hours at a time in a trailer, camper vehicle, other vehicle, tent or similar item, or in the open. Bedding down overnight in a car, in a tent or on the ground falls inside that definition.

Three carve-outs apply. The section does not apply to a vehicle or structure allowed by the prevailing zoning ordinance that complies with the Elko County building codes. It does not apply to a land occupier, a member of the occupier's family, or up to six guests camping on the occupier's land so long as the camping is reasonable in all respects. Camping that continues for more than seven days in succession is not considered reasonable.

A separate chapter covers the townsite of Jarbidge, Nevada. Section 10-6-1 makes overnight camping unlawful there, and 10-6-2 counts staying overnight in motor vehicles of any type, in tents, trailers, mobile homes or similar shelter, and sleeping overnight without shelter or protection. Section 10-6-3 exempts staying overnight in a residence in the townsite and a Jarbidge resident staying overnight on his own property. Section 7-1-28 also makes it unlawful to intentionally urinate or defecate in a public place, other than a washroom or toilet room, under circumstances where a member of the public could observe it.

The Elko County Code does not use the word encampment and prints no cleanup procedure, advance posting period or property-storage rule for removing a camp. Section 7-1-1 sits in Title 7, Police Regulations, and was adopted by the Board of County Commissioners in 1990.

Violations & Fines

Section 7-1-1 prints no penalty of its own. The Chapter 1 penalty section, 7-1-26, sets punishment for a misdemeanor described in the chapter at imprisonment in the County Jail for not more than six months, a fine not to exceed $1,000, or both. The court can substitute up to 120 hours of community work under NRS 176.087 in lieu of all or part of that punishment.

Frequently Asked Questions

Does the camping ban cover all of unincorporated Elko County?
No. Section 7-1-1 names only the unincorporated towns of Mountain City and Montello, and Chapter 10-6 covers only the townsite of Jarbidge. Those sections do not reach other unincorporated places such as Spring Creek or Lamoille. Elko, Carlin, Wells and West Wendover are incorporated cities with their own codes.
What counts as camping under Section 7-1-1?
Camping means sleeping for more than four hours at a time in a trailer, camper vehicle, other vehicle, tent or similar item, or in the open. The rule applies on private property and on any street, alley or other public property in Mountain City and Montello, so sleeping in a parked vehicle on a public street qualifies.
Can I let guests camp on my land in Mountain City or Montello?
Yes, within limits. A land occupier, a family member or up to six guests can camp on the occupier's land so long as the camping is reasonable in all respects. Camping that continues for more than seven days in succession is not considered reasonable, and a lawful zoned and code-compliant vehicle or structure is outside the section.
Does the code set a cleanup process for camps?
No. The Elko County Code does not print a notice period, posting rule or property-storage procedure for removing a camp. Section 7-1-1 only prohibits the camping, and Section 7-1-26 sets the Chapter 1 punishment for misdemeanors described in that chapter: up to six months in jail, up to a $1,000 fine, or both.

Sources & Official References

Other rules in Elko County

All Elko County rules

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