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Elko County, NV Right to Farm: Agricultural Zoning Protection (2026)

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

Key Facts

Governing section
Elko County Code § 4-2-1, OS Open Space District
OS minimum parcel
One-sixteenth of a cadastral survey section or forty acres
OS average width
Not less than five hundred feet (500')
OS yards
Front 50 feet, rear 30 feet, side 20 feet
AR and A parcels
AR one acre (§ 4-2-3); A five acres (§ 4-2-4)
Maximum fine
$1,000, up to six months in jail, or both

Summary

In unincorporated Elko County, Nevada, the OS Open Space district protects agricultural areas from urban development of residential subdivisions. Elko County Code § 4-2-1 permits agricultural uses only in full compliance with the code's definition of agriculture and sets a forty acre minimum parcel with an average width of at least 500 feet.

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.

The open space exclusive district is intended to provide protection for agricultural areas from urban development of residential subdivisions, and to serve as an open space area around the more intensive urban uses of the county of Elko. Noncommercial seasonal recreation activities not requiring fixed improvements including hunting, fishing, camping, horseback riding, ball games, archery, picnicking, snowmobiling, skiing and similar uses allowed. ... (A) Permitted Uses: The following principal uses are permitted in the OS district provided there is full compliance with the definition of agriculture: ... (D) Minimum Parcel Size: The minimum parcel size of land in an open space zoning district shall be one-sixteenth (1/16) of a cadastral survey section or forty (40) acres. No parcel shall have an average width of less than five hundred feet (500').

Full Breakdown

Chapter 2 of the Elko County zoning title groups the agricultural districts, and § 4-2-1 is the most protective. The Board of County Commissioners states the district's purpose as protection for agricultural areas from urban development of residential subdivisions, and as an open space area around the more intensive urban uses of the county. Noncommercial seasonal recreation not requiring fixed improvements is allowed, including hunting, fishing, camping, horseback riding, ball games, archery, picnicking, snowmobiling and skiing.

Paragraph (A) lists the permitted principal uses, among them field and truck crops, orchards and vineyards, dairies, animal breeding and raising, riding academies and stables, poultry raising, pasture, livestock ranches, apiaries and home occupations, all provided there is full compliance with the definition of agriculture. That definition in § 4-1-9 describes a use of land whereby grazing and feeding of livestock or the raising of hay, grain or other produce can yield an income sufficient to support at least one person. It excludes raising livestock or fowl where the majority of the basic feeds are imported to the site rather than grown by the raiser.

Paragraph (D) sets the minimum parcel at one-sixteenth of a cadastral survey section or forty acres, with an average width of at least five hundred feet, and paragraph (E) requires front, rear and side yards of 50, 30 and 20 feet. Neighboring districts scale the standard down: the AR district in § 4-2-3 requires one acre and a 150 foot average width, and the A district in § 4-2-4 requires five acres and a 350 foot average width. The code applies only in unincorporated Elko County.

Violations & Fines

Under § 4-9-14(A), a building, structure or use contrary to the zoning title is unlawful and declared a public nuisance, and the District Attorney can start abatement proceedings. Under § 4-9-14(B), the owner or any other person who violates the title is guilty of a misdemeanor, with a fine of not more than $1,000, jail of not more than six months, or both. Each day is a separate offense.

Frequently Asked Questions

What is the purpose of the OS Open Space district in Elko County?
Section 4-2-1 states that the district provides protection for agricultural areas from urban development of residential subdivisions and serves as an open space area around the more intensive urban uses of the county. It also allows noncommercial seasonal recreation such as hunting, fishing, camping, horseback riding and skiing.
How big must a parcel be in the OS district?
One-sixteenth of a cadastral survey section or forty acres under § 4-2-1(D), and no parcel can have an average width of less than five hundred feet (500'). The A Agricultural-Recreational district sets five acres and 350 feet, and the AR district sets one acre and 150 feet.
Do I need to farm to use OS zoning for agriculture?
The permitted principal uses in § 4-2-1(A) apply only where there is full compliance with the definition of agriculture. That definition in § 4-1-9 centers on income sufficient to support at least one person and excludes raising livestock or fowl where most of the basic feeds are imported to the site.
Does this apply inside the City of Elko or Carlin?
No. The Elko County zoning title governs unincorporated Elko County, such as Spring Creek, Jackpot, Lamoille, Ryndon and Montello. Elko, Carlin, Wells and West Wendover are incorporated cities with their own codes and their own zoning, so their agricultural land is handled under those codes.

Sources & Official References

Other rules in Elko County

All Elko County rules

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