We need your help to help preserve and enhance public land access. Please try to attend this important county commission meeting or send your comments in support of this ordinance.

On Tuesday, September 28 the Washoe County Commissioners will consider an ordinance to protect County Roads from unlawful obstruction. The meeting will start at 5:30 PM in the County Commission Chambers at 1001 E. Ninth Street.

The Nevada Department of Transportation and Washoe County both publish maps
of public roads which provide access to backcountry recreation. Most of these dirt roads were established by pioneer usage, mining claims and similar activities. They are absolutely essential for recreation. You cannot hike, ride, hunt, view wildlife or enjoy the great outdoors if you can't get to it. These roads are being closed or obstructed by land owners and developers at an alarming rate without due process of law.

The ordinance will conform Washoe County Code with Nevada State Law by providing a legal process to open and close roads and to remove obstructions. It is opposed by a major land owner and may not pass unless we can demonstrate widespread support. Please plan to attend the meeting. Come and submit a comment card if you if you can't stay for the entire meeting.

Please do this. Don’t lose your access to Nevada’s mountains and backcountry
simply because you could not find time to attend this crucial meeting.

You may also E-mail the County Commissioners saying something like "I urge
you to support the ordinance which will establish a petition process to open
and close public roads in conformance with Nevada State law".

The Commissioners’ E-mail site is

http://www.co.washoe.nv.us/bcc/index.php?choice=contact

Sign on and type your message in the box which is provided.

Thanks for your support, Carl Adams - Chairman Washoe County Backcountry
Coalition

Washoe County Public Road Ordinance Talking Points

Careful research by County Staff indicated that certain roads in the county are public roads based on historical records. However, some of these roads are not indicated on parcel maps and have not been adjudicated.

These unrecorded, unadjudicated roads were placed on a map of Presumed Public Roads in 1999.

A 2003 survey by Washoe County Backcountry Coalition showed that 26% of road segments on the Presumed Roads map had been obstructed or signed to discourage public use without due process of law.

Presumed Public Roads are a valuable County asset which should not be lightly abandoned. They provide access to public land, routes for emergency services and may become important general transportation corridors.

The County needs a process of law which can trigger a formal investigation into claims of ownership and determination whether Presumed Roads should actually be open to public use. Such an ordinance would protect private property rights and the public interest.

Nevada Revised Statutes provide a petition process for opening and closing roads to public use and authority to remove obstructions from roads that have been so opened.

The proposed County Ordinance is based on NRS. It provides for:
· A petition by residents
· Staff investigation and review of ownership claims
· A public hearing before the County Board of Commissioners
· Findings of fact
· A written order of the commissioners opening or closing the road to public use
· Provision for appeal
· Authority to remove obstructions

Washoe County needs the proposed ordinance. It is the best approach to protecting both the public interest and private property rights. We urge you to approve it and replace arbitrary personal action with due process of law.



 

AGENDA ITEM:
Amending the Washoe County Code by adding new sections to Washoe County
Code Chapter 85 with Regard to Roads; providing for a declaration of policy applicability; definitions; a petition process for the determination of a
public road; notice and investigation by the Department of Public Works; public
hearing and board required findings and order; limiting maintenance responsibility
and liability of County; declaring the obstruction of a public road unlawful
and a nuisance; providing for the removal of obstructions and assessment of costs
of removal; limiting public use to public roads; and providing other matters
related thereto.

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