Elko County, NV Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Section 8-1-16 of the Elko County Code, Conditions on Occupancy of Streets and Highways, governs private and utility use of the public right of way. The section itself does not use the word permit. It works as a set of conditions on anyone who lays or places pipes, sewers, drains, lines, valves or other structures and appurtenances in county streets and highways. Subsection (A), Noninterference, requires the new facilities to be located so they do not obstruct or interfere with any structure already installed, and the County decides in its sole discretion whether interference exists.

Subsection (B), Repair of Streets and Highways, covers damage to any sidewalk, curb, gutter, highway, street, alley, road or right of way from defects in the installed facilities or from any cause whatsoever, including subsidence of a cut. The person who initially constructed the improvements must, at his own cost and expense and within ten days, repair the damage and restore the surface to as good a condition as before.

Subsection (C), Bonding, requires the person doing the construction to enter into an undertaking with a surety company authorized to do business in Nevada, and the County, to insure faithful performance. The amount and the length of time are determined by the County Engineer. Under (C)1 the Board of Elko County Commissioners can waive the bond for a utility company whose franchise agreement carries suitable guarantees or warranties, a call made in the Board's sole discretion. Subsection (D) requires construction to meet standards set by the Elko County Engineering Department and the Nevada Public Service Commission, and (E) requires relocation without expense to the County when a lawful change in a public street, road or highway makes it necessary.

The permits themselves appear in the subdivision standards. Section 5-4-1 requires the applicant or developer to acquire all encroachment permits for work affecting any county, state or federal route, and a county right of way construction permit before starting an improvement in, on or under a public right of way.