“A Cloud of Trouble”: When Construction Dust Crosses the Line in Clark County

HENDERSON, NV — When Paul, a Henderson homeowner, stepped outside one morning to find his freshly washed RV coated in a thick layer of dust, he assumed it was just another windy day in the desert. But as the days turned into weeks, and the fine, powdery dirt crept into his house, his HVAC system, and even his lungs—he realized something more serious was going on.

A large construction project had broken ground behind his house, and the site had become a persistent nuisance. “We couldn’t even open our windows, and I couldn’t go outside without hacking and chocking” Paul said. “The dust was constant—on our cars, in our vents, on every surface inside and out, we had to leave for a month just so I could get the sneezing, watering eyes and coughing under control”

Unfortunately, Paul’s story isn’t unique. In fast-growing areas of Clark County, dust from construction sites isn’t just an inconvenience—it can cross the legal line into trespass and health hazard.  Contractors often cut corners due to the increased expense of water and the time and resources it takes to remain compliant with the law. 

The Law Is Clear: Keep It Damp, or Face the Consequences

Under Clark County Air Quality Regulation Section 94, contractors are required to keep disturbed soils continuously damp—24/7—to prevent loose dust from drifting offsite. They must also hold a valid Dust Control Permit, renewed annually, and comply with specific mitigation practices like watering, soil stabilizers, or covering stockpiles.

Violations can result in daily fines up to $10,000 per offense and corrective action orders from the Department of Environment and Sustainability (DES).

“Dust control is not optional,” said Joe Yakubik, a local attorney who specializes in homeowner rights. “The law exists to protect both public health and private property. When it's ignored, homeowners have options.”

When Dust Becomes Trespass

What many residents don’t realize is that construction dust can legally qualify as a trespass. If it enters your property—coating your windows, pool, car, or patio furniture—it may give rise to a civil claim for trespass or nuisance, particularly if it results from negligent or willful violations of dust control rules.

Under Nevada Revised Statutes (NRS) 40.140, homeowners can bring a claim for nuisance when their property use and enjoyment are interfered with. In some cases, dust or debris entering a property can also support a claim for trespass, especially when the intrusion is persistent or damaging.

Dust Damage Is More Than Cosmetic

Besides respiratory issues like asthma and Valley Fever—cases of which increased to 272 in Clark County in 2023—dust can cause extensive property damage, including:

• Clogged or damaged HVAC systems

• Erosion of automobile paint and pitting of windshields

• Pool filter and plaster damage

• Stained siding and windows

• Contamination of landscaping and irrigation systems

The result? Costly repairs, health risks, and a serious drop in property enjoyment—and possibly, value.

What Can Homeowners Do?

If you're experiencing dust intrusion from a nearby construction site, experts recommend the following:

1. Document everything – photos, videos, and dated notes of dust levels and damage.

2. Contact an Attorney – assuredlaw.com helps homeowners navigate the complex and serious issue of dust control.

3. Explore Claims: You may have claims such as nuisance, trespass, and injunctive relief.

“Most developers won’t act unless they’re forced to,” Paul said. “It wasn’t until we hired legal counsel and filed complaints that anything changed.”

Legal Remedies Available

Homeowners may be entitled to:

• Damages for cleanup costs, property repair, and medical expenses

• Injunctive relief requiring dust control measures

• Attorney’s fees and court costs

• Punitive damages in cases of reckless or repeated violations

The Bottom Line

Construction is inevitable in a growing city like Las Vegas—but that doesn’t mean homeowners have to accept dust invading their lives and property. The law is on your side, and with proper action, you can protect your health, your home, and your peace of mind.