Elko County, NV Homelessness & Encampment Rules: Encampment Sanitation (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.
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?
What counts as camping under Section 7-1-1?
Can I let guests camp on my land in Mountain City or Montello?
Does the code set a cleanup process for camps?
Sources & Official References
Other rules in Elko County
Compare Elko County to another location·View the Nevada homelessness & encampment rules overview
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