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Nevada State Land Right-of-Way Overview (3-NV-b)

Information current as of 2022
In Nevada, any person (developer) may need to obtain a State Land Right-of-Way or a State Land Lease from the Nevada Division of State Lands (NDSL) to access state lands. Nev. Rev. Stat. § 321.001. A developer seeking a lease or a right-of-way on state lands must submit an Application for Authorization to Use State Lands (application) to the NDSL to obtain the proper authorization for the proposed project. Nev. Rev. Stat § 322.050. Although the process for obtaining either a lease or a right-of-way starts with the same application, the application review process for a lease differs substantially from that of a right-of way. The developer should consult with the NDSL prior to submitting its application to provide information regarding:
  • The purpose of the proposed project;
  • The location of the proposed project; and
  • Means by which the developer will construct the project.
See Division of State Lands - Instructions and Checklist for State Owned Lands Application.



State Land Right-of-Way Overview Process


3-NV-b.1 to 3-NV-b.2 – Does the Proposed Project Involve Siting a Facility on NDSL Land?

If the developer seeks to site a facility on NDSL land, it will need to obtain a lease from the NDSL. The leasing process for NDSL land is much more detailed than that for the right-of-way. The Nevada Statutes require an open and competitive bidding process for leases and final approval from the Nevada State Board of Examiners and Interim Finance Committee of the Nevada State Legislature. Nev. Rev. Stat. § 321.335. For more information see:

State Land Lease:
3-NV-d

3-NV-b.3 to 3-NV-b.5 – Does the Proposed Project Require a Right-of-Way over NDSL Land?

Developers seeking to site a road or transmission line across NDSL land must obtain a right-of-way from the NDSL. Nev. Rev. Stat. § 322.050. The process for obtaining a right-of-way is simpler than the leasing process because it does not have an open bidding requirement. For more information see:

State Land Right-of-Way:
3-NV-e


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