Elko County, NV Right to Farm: Agricultural Zoning Protection (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.
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?
How big must a parcel be in the OS district?
Do I need to farm to use OS zoning for agriculture?
Does this apply inside the City of Elko or Carlin?
Sources & Official References
Other rules in Elko County
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