USA Statutes : nevada
Title : Title 22 - COOPERATIVE AGREEMENTS BY PUBLIC AGENCIES; PLANNING AND ZONING; DEVELOPMENT AND REDEVELOPMENT
Chapter : CHAPTER 277 - COOPERATIVE AGREEMENTS: STATE, COUNTIES, CITIES, DISTRICTS AND OTHER PUBLIC AGENCIES
1. Any combination of counties and cities representing a majority
of the population of the region for which a district is proposed may
petition the Governor by formal resolution setting forth their desire to
establish and the need for the establishment of a regional development
district. The proposed district must consist of two or more contiguous
counties. For the purposes of this subsection, the population of a county
does not include the population of a city within the county.
2. Within 60 days after the receipt of a petition that satisfies
the requirements of subsection 1, the Governor shall establish a regional
development district and shall notify all governmental units within the
region for which the district is proposed.
3. Within 60 days after the establishment of a regional
development district by the Governor, each county and city in the
development region, except the counties and cities that petitioned the
Governor for formation of the district, may meet to determine whether to
become members of the district. The counties and cities that petitioned
for the formation of the district and those that elect pursuant to this
subsection to become members shall each appoint one member of their
governing bodies to organize the district pursuant to NRS 277.340 .
(Added to NRS by 2003, 1955 )
1. The initial governing body of a regional development district
consists of the representatives of the counties and cities appointed
pursuant to NRS 277.335 . The initial
governing body shall meet to determine the composition of the board of
directors of the district. The board must include:
(a) At least one representative of each county and city that has
elected to be a member of the district;
(b) At least one member from each economic development authority in
the development region that is recognized by the Executive Director of
the Commission on Economic Development;
(c) At least one member appointed by the native American tribal
councils located in the region; and
(d) Representatives of the general public in the development region
representing broad public interests within the region and a diversity of
membership based on factors such as age, gender and race.
Ê At least 51 percent of the members of the board must be elected
officers who represent counties and cities in the region.
2. After the initial governing body has established a board, the
board shall meet to adopt bylaws setting forth its procedures and
governing its operations. The bylaws must provide for the terms of office
and method of selection of members of the board, and must establish a
name for the organization.
3. The board shall annually establish an operating budget, the
amount of dues that must be paid by members of the district and a
schedule for payment of the dues.
4. Membership in a regional development district is voluntary.
Each county and city within the development region shall determine
annually whether to remain or become a member of the regional development
district. If a county or city determines to become a member of the
district, it shall pay the dues established pursuant to subsection 3. A
county or city that is not a member of the district is not entitled to be
represented on the board.
(Added to NRS by 2003, 1955 )
1. The chairman of the board must be a person experienced in the
field of government affairs. The chairman shall preside at the meetings
of the board and is responsible for management of the board. The chairman
must be elected from the membership of the board according to procedures
established in its bylaws.
2. The board shall elect a secretary and such other officers as it
deems necessary for the conduct of its affairs. Times and places of
regular and special meetings must be fixed by the district and may be
provided in the bylaws. The board may establish committees, divisions,
departments and bureaus, and may employ such staff as is necessary to
carry out its duties. Officers and employees of the district serve at the
pleasure of the board.
3. The board shall appoint an executive director to serve as the
chief administrative officer of the district. The executive director is
responsible for carrying out all policy decisions of the board, and must
be selected on the basis of training and experience in the field of
government affairs.
4. The board may adopt a personnel system for its officers and
employees, including terms and conditions for employment, compensation,
classification, benefits, the filing of fidelity bonds and such other
policies of insurance as it deems advisable. The district shall pay the
premiums for any such insurance. The employees of the district are public
employees within the meaning of chapters 281 ,
286 and 287 of
NRS.
5. The board shall direct that independent audits be conducted of
the district as required pursuant to state or federal law or as the board
deems necessary or appropriate.
6. The board may contract for the services of consultants to
perform engineering, legal or other services of a professional nature for
peak workloads, continuing advice on program direction, and for
specialized and technical services.
(Added to NRS by 2003, 1956 )
Powers and Duties
1. A district has and may exercise all powers which are necessary
or convenient to enable it to perform and carry out the duties and
responsibilities of NRS 277.300 to
277.390 , inclusive.
2. A district may prepare and submit for adoption, after
appropriate study and such public hearings as it deems necessary,
comprehensive economic development strategies and other plans for
governmental units, individually or collectively within the region. Plans
may consist of policy statements, goals, standards, programs and maps
prescribing guides for orderly development within the jurisdiction
subject to the plan. The plans must recognize and incorporate planning
principles which encompass physical, social or economic needs of the
region. In preparing development plans, the district shall use, to the
maximum extent feasible, the resources, studies and data available from
other planning agencies within the region, including counties, cities,
special districts and subregional planning agencies, and the resources of
state agencies.
3. The creation of a regional development district does not affect
the right of counties or cities to conduct local or subregional planning.
It is the purpose of NRS 277.300 to
277.390 , inclusive, to encourage local
and subregional planning. A regional development district shall, as far
as is practicable, use the data, resources and input of local planning
agencies.
(Added to NRS by 2003, 1956 )
1. A governmental unit may request that a regional development
district review, comment and provide advisory recommendations on local
plans or development proposals.
2. A district may provide basic administrative, research and
planning services for other regional bodies within the boundaries of the
development district assisted by Federal or State Government. Development
districts may contract to obtain from or to perform services for state
agencies, for profit or nonprofit entities, for subdistricts organized as
the result of federal or state programs, and with local governments.
3. A regional development district may be designated as a regional
data center providing data collection, storage, analysis and
dissemination to be used by it and other governmental and private users,
and may establish fees to provide this service.
4. A regional development district may study the feasibility of
programs relating to water, land use, economic development, housing,
demographics, cultural issues, governmental issues, human services,
natural resources, communication, technology, transportation and other
subjects of concern to the citizens of the region. A district may
institute demonstration projects in connection with such studies, and may
enter into contracts for such purposes as otherwise authorized in NRS
277.300 to 277.390 , inclusive.
5. Upon approval of the appropriate authority from local, state
and federal government agencies, a regional development district may be
deemed a general purpose unit of government to receive funds and operate
programs on a regional or subregional basis.
6. A regional development district may buy, lease, acquire, own,
hold, improve and use real or personal property or an interest in
property, wherever located in the State, for purposes of housing the
administrative office of the district and for such other purposes as may
be authorized, required or deemed necessary by the board.
7. A regional development district may sell, convey, mortgage,
create a security interest in, lease, exchange, transfer or dispose of
all or part of its real or personal property or an interest in property,
wherever located in the State.
8. A regional development district may contract with governmental
units to provide them with services and technical assistance in the
conduct of local planning and development activities.
(Added to NRS by 2003, 1956 )
1. A regional development district may establish a nonprofit
corporation for any purpose for which the district is authorized to act
pursuant to NRS 277.300 to 277.390
, inclusive, including increasing the
supply of affordable housing and improving opportunities for home
ownership in a development region. A nonprofit corporation formed
pursuant to this section may, among other things, acquire land and
buildings, accept private, state and federal grant and loan funds,
construct and rehabilitate housing units, and buy, sell or manage housing
within the boundaries of the development district.
2. A regional development district may receive and administer
private, state and federal affordable housing funds to increase the
supply of affordable housing and to improve opportunities for home
ownership within the boundaries of the district. The creation of a
regional development district does not affect the right of a county or
city to receive and administer affordable housing funds or to develop and
implement subregional affordable housing programs.
(Added to NRS by 2003, 1957 )
1. A county may request modification of regional boundaries and
assignment to a development region other than that to which it is
assigned, or may request to be added to an existing region if the county
is not included within any region.
2. A county may not be assigned to a development region unless the
county is contiguous to the region.
3. Except as otherwise provided in subsection 4, a county may not
be added to a development region unless the request for reassignment or
addition is approved by the board of the district to which the county
would be added and, if the request is for reassignment, the board of the
district from which the county is moving.
4. A county that has been denied approval to be added to a region
may appeal the decision to the Governor. The determination of the
Governor concerning the assignment of a county to a region is final.
(Added to NRS by 2003, 1957 )
1. On or before June 1 of each year, a regional development
district shall prepare a report for the governmental units and the public
within the region, the Legislature and the Governor. The report must
include:
(a) A statement of the district’s receipts and expenditures by
category since the preceding report;
(b) A detailed budget for the year in which the report is filed and
a tentative budget for the following year, including an outline of its
program for that period;
(c) A description of any plan adopted in whole or in part for the
region;
(d) Summaries of any studies and the recommendations resulting
therefrom made for the region;
(e) A summary of significant accomplishments;
(f) A listing of plans of governmental units submitted to the
district pursuant to NRS 277.355 , and
actions taken in relationship thereto;
(g) Recommendations of the district regarding federal and state
programs, cooperation, funding and legislative needs; and
(h) A summary of any audit report made during the previous fiscal
year relative to the district.
2. At least every 5 years, a regional development district shall
review its activities and issue a report assessing its performance in
fulfilling the purposes of NRS 277.300
to 277.390 , inclusive. The report must
address whether the existence of the district is in the public welfare
and interest.
(Added to NRS by 2003, 1958 )
A regional development district
may appoint advisory committees of interested and affected citizens and
elected officers to assist in the review of plans, programs and other
matters referred for review by the district. Whenever a special advisory
committee is required by any federal or state regional program, the
district shall, as far as is practicable, appoint such committees as
advisory groups to the district. Members of the advisory committees serve
without compensation, but may be reimbursed for their reasonable expenses
as determined by the board.
(Added to NRS by 2003, 1958 )
Miscellaneous Provisions
1. All state departments and agencies shall cooperate with
regional development districts established under NRS 277.300 to 277.390 ,
inclusive, and shall make available to them studies, reports, data, and
other informational and technical assistance within financial and
personnel limitations.
2. The Governor shall, to the maximum extent possible, develop
working agreements with state and federal departments and agencies to
ensure conformance with established development regions and to avoid
unnecessary duplication of services.
(Added to NRS by 2003, 1958 )
1. The Governor shall designate a state agency to be responsible
for making grants to regional development districts created under NRS
277.300 to 277.390 , inclusive, from appropriations made available
for this purpose. Financial assistance provided from the State General
Fund must be distributed in the following manner:
(a) Fifty percent of the total amount allocated must be divided
equally among the regional development districts.
(b) Twenty percent of the total amount allocated must be divided
among the regional development districts in the proportion that the
population of a district bears to the population of all districts in the
State.
(c) Thirty percent of the total amount allocated must be divided
among the regional development districts in the proportion that the total
population of the counties and cities who are members of a district bears
to the total population of all cities and counties that are members of
all districts in the State. For purposes of this subsection, the
population of a county does not include the population of a city within
the county.
2. Financial assistance to previously established districts must
not be reduced during a biennium to allocate money to a newly created
regional development district.
3. A regional development district may accept gifts, apply for and
use grants or loans of money or other property from the United States,
the State, or any person, local governmental body or other entity for any
purpose authorized pursuant to NRS 277.300 to 277.390 ,
inclusive, and may enter into agreements required in connection therewith
and may hold, use and dispose of such money or property in accordance
with the terms of the gift, grant, loan, agreement or contract relating
thereto. For purposes of receipt of state and federal funds for community
or economic development, regional districts shall be deemed to be general
purpose units of government and instrumentalities of the State.
4. A regional development district shall, from time to time,
designate one or more official depositories for money of the district.
The designation must be in writing and must set forth all the terms and
conditions upon which the deposits are made, and must be signed by the
chairman and secretary, and made a part of the official minutes of the
board.
(Added to NRS by 2003, 1959 )
For the purposes of NRS
277.300 to 277.390 , inclusive, the population of a county or city
is the population certified by the Governor pursuant to NRS 360.285
.
(Added to NRS by 2003, 1959 )
1. In the absence of an interlocal or cooperative agreement
entered into pursuant to this chapter, if a law enforcement agency
requests the assistance of another law enforcement agency which responds
to the request, the law enforcement agencies shall be deemed to have
entered into an implied agreement whereby:
(a) Both law enforcement agencies shall be deemed, for the limited
purpose of the exclusive remedy set forth in NRS 616A.020 , to employ jointly a person who:
(1) Is an employee of either law enforcement agency; and
(2) Sustains an injury by accident while participating in
the matter for which assistance was requested.
(b) Each law enforcement agency shall defend, hold harmless and
indemnify the other law enforcement agency and its employees from any
claim or liability arising from an act or omission performed by its own
employee while participating in the matter for which assistance was
requested, unless such act or omission is a negligent act or omission for
which the law enforcement agency who employs that employee is not liable
pursuant to NRS 41.0336 .
2. As used in this section:
(a) “Employee” includes a person who:
(1) Is paid by a law enforcement agency to serve as a peace
officer, as that term is defined in NRS 169.125 ; or
(2) Is recognized by and serves a law enforcement agency as
a volunteer peace officer, as that term is described in NRS 616A.160
.
(b) “Law enforcement agency” means an agency, office or bureau of
this state or a political subdivision of this state, the primary duty of
which is to enforce the law.
(Added to NRS by 1997, 3336)
MISCELLANEOUS COOPERATIVE AGREEMENTS
1. Except as limited by NRS 280.105 and 711.175 , any two or more political subdivisions of this state,
including, without limitation, counties, incorporated cities and towns,
unincorporated towns, school districts and special districts, may enter
into a cooperative agreement for the performance of any governmental
function. Such an agreement may include the furnishing or exchange of
personnel, equipment, property or facilities of any kind, or the payment
of money.
2. Every such agreement must be by formal resolution or ordinance
of the governing body of each political subdivision included, and must be
spread at large upon the minutes, or attached in full thereto as an
exhibit, of each governing body.
3. Each participating political subdivision shall provide in its
annual budget for any expense to be incurred under any such agreement,
the money for which is not made available through grant, gift or other
source.
(Added to NRS by 1965, 651; A 1967, 698; 1981, 645; 1985, 665;
1987, 535; 2003, 1230 )
1. As used in this section, “public agency” includes, without
limitation, the United States or a department or agency of the Federal
Government, a county, a public corporation and a public district.
2. Without a vote of the electors of a public agency first being
had, the governing body of the agency may:
(a) Sell or exchange to another public agency, the State of Nevada
or a department or agency of the State or an Indian tribe; or
(b) Lease to another public agency, the State of Nevada or a
department or agency of the State or an Indian tribe, for a term not
exceeding 99 years,
Ê any real property belonging to it.
3. A sale or exchange may be:
(a) Negotiated without advertising for public bids.
(b) Made for cash or property, or for part cash and property, or
for part cash and terms of deferred payments secured by mortgage or deed
of trust, but the purchasing public agency or entity or exchanging public
agencies or entities shall, except as otherwise provided in NRS 277.053
, pay or convey property worth an amount
at least equal to the current appraised value of the real property being
conveyed or exchanged. Money derived from a sale must be used for capital
outlay.
4. A lease may be:
(a) Negotiated without advertising for public bids.
(b) Made for such consideration as is authorized by action of the
governing body of the lessor public agency.
5. Before ordering the sale, exchange or lease of any such
property, the governing body of a public agency shall, in a regular open
meeting, by a majority vote of its members, adopt a resolution declaring
its intention to sell or exchange it, or a resolution declaring its
intention to lease it, as the case may be. The resolution must:
(a) Describe the property proposed to be sold, exchanged or leased
in such a manner as to identify it.
(b) Specify the minimum price, consideration or rent and the terms
upon which it will be sold, exchanged or leased.
(c) Fix a time not less than 2 weeks thereafter for a public
meeting of the governing body, at which objections to the sale, exchange
or lease may be made by the electors of the public agency.
6. Notice of the adoption of the resolution and of the time and
place of the public meeting must be published in a newspaper of general
circulation published in the county in which the public agency or any
part thereof is situated. The notice must be published not less than
twice, on successive days, the last publication to be not less than 7
days before the date of the public meeting.
7. Any resolution accepting a bid or any other form of acceptance
of a bid by another public agency must direct the chairman, president or
other presiding officer of the governing body of the selling, exchanging
or lessor public agency to execute a deed or lease and to deliver it to
the purchasing, exchanging or lessee public agency or entity upon the
performance and compliance by it of all the terms and conditions of the
contract to be performed concurrently with the delivery.
[1:388:1955] + [2:388:1955] + [3:388:1955] + [4:388:1955] +
[5:388:1955] + [6:388:1955] + [7:388:1955] + [8:388:1955]—(NRS A 1957,
138; 1965, 631; 1969, 325, 865; 1975, 572; 1981, 376; 1991, 587; 1999,
1160 )
A governing body of a political subdivision may convey real
property to another political subdivision or an Indian tribe without
charge if the property is to be used for a public purpose.
(Added to NRS by 1981, 376; A 1999, 1161 )
1. As used in this section:
(a) “Medical facility” has the meaning ascribed to it in NRS
449.0151 .
(b) “Nonprofit medical facility” means a nonprofit medical facility
in this or another state.
(c) “Public agency” has the meaning ascribed to it in NRS 277.100
, and includes any municipal corporation.
2. Any two or more public agencies or nonprofit medical facilities
may enter into a cooperative agreement for the purchase of insurance or
the establishment of a self-insurance reserve or fund for coverage under
a plan of:
(a) Casualty insurance, as that term is defined in NRS 681A.020
;
(b) Marine and transportation insurance, as that term is defined in
NRS 681A.050 ;
(c) Property insurance, as that term is defined in NRS 681A.060
;
(d) Surety insurance, as that term is defined in NRS 681A.070
;
(e) Health insurance, as that term is defined in NRS 681A.030
; or
(f) Insurance for any combination of these kinds.
3. Every such agreement must:
(a) Be ratified by formal resolution or ordinance of the governing
body or board of trustees of each agency or nonprofit medical facility
included;
(b) Be included in the minutes of each governing body or board of
trustees, or attached in full to the minutes as an exhibit;
(c) Be submitted to the Commissioner of Insurance not less than 30
days before the date on which the agreement is to become effective for
approval in the manner provided by NRS 277.150 ; and
(d) If a public agency is a party to the agreement, comply with the
provisions of NRS 277.080 to 277.180
, inclusive.
4. Each participating agency or nonprofit medical facility shall
provide for any expense to be incurred under any such agreement.
(Added to NRS by 1987, 535; A 1993, 1938, 2444; 1995, 699; 1999,
2819 )
The
Legislature hereby finds and declares that:
1. There are various unique and irreplaceable sites in this state
of archeological or historical significance.
2. Certain of these sites are in danger of degradation and
destruction from the encroachment of urban development.
3. This state has a compelling interest in preserving, protecting,
restoring and enhancing these sites.
4. The preservation, protection, restoration and enhancement of
these sites is a matter of such significance that it must be carried out
on a continual basis.
5. It is in the best interest of this state to ensure that certain
public entities have continuing authority to enter into cooperative
agreements for the preservation, protection, restoration and enhancement
of such unique and irreplaceable sites in this state.
(Added to NRS by 1999, 1687 )
1. A public entity, in consultation with any Indian tribe that has
local aboriginal ties to the geographical area in which a unique
archeological or historical site is located and in cooperation with the
Office of Historic Preservation of the Department of Cultural Affairs,
may enter into a cooperative agreement with the owner of any property
that contains a unique archeological or historical site in this state or
with any other person, agency of the Federal Government or other public
entity for the preservation, protection, restoration and enhancement of
unique archeological or historical sites in this state, including,
without limitation, cooperative agreements to:
(a) Monitor compliance with and enforce any federal or state
statutes or regulations for the protection of such sites.
(b) Ensure the sensitive treatment of such sites in a manner that
provides for their long-term preservation and the consideration of the
values of relevant cultures.
(c) Apply for and accept grants and donations for the preservation,
protection, restoration and enhancement of such sites.
(d) Create and enforce:
(1) Legal restrictions on the use of real property; and
(2) Easements for conservation, as defined in NRS 111.410
,
Ê for the protection of such sites.
2. As used in this section, “public entity” means any:
(a) Agency of this state, including the Office of Historic
Preservation of the Department of Cultural Affairs; and
(b) County, city or town in this state.
(Added to NRS by 1999, 1688 ; A 2001, 937 )
1. In any county having a population of 100,000 or more, any
county, city, town, water district, sewer or sanitation district or other
political subdivision of the State authorized by law to acquire, operate
and maintain water or sewage facilities, or both, or to improve a
governmental service in connection therewith, may contract with one or
more of these political subdivisions if the contract is authorized by
each party thereto with the approval of its legislative body or other
authority having the power to enter into or approve the contract.
2. Any such contract must set forth fully the purposes, powers,
rights, obligations and responsibilities, financial and otherwise, of the
contracting parties.
3. The contract may:
(a) Include, among other things, the renting of machinery and
equipment, mobile or otherwise.
(b) Provide for the payment for water facilities, sewer facilities,
lands, rights in land and water rights sold, leased or otherwise
alienated, the payment to be made within a period of time not exceeding
30 years from the date of the contract from the rates, fees, tolls or
charges derived from the operation of the water or sewer facilities, or
both, upon such terms and conditions as may be specified in the contract,
without the obligation being authorized by any qualified electors of any
political subdivision which is a party to the contract.
4. The equipment and employees of any such political subdivision,
while engaged in performing any governmental service, activity or
undertaking under the contract, have and retain all the rights,
privileges and immunities of, and shall be deemed to be engaged in the
service and employment of, that political subdivision, notwithstanding
that the governmental service, activity or undertaking is being performed
in or for another political subdivision.
5. The powers conferred by this section are in addition and
supplemental to, and not in substitution for, and the limitations imposed
by this section do not affect the powers conferred by, any other law. No
part of this section repeals or affects any other law or any part
thereof, it being intended that this section provide a separate method of
accomplishing its objectives, and not an exclusive one.
6. This section, being necessary to secure and preserve the public
health, safety and convenience and welfare, must be liberally construed
to effect its purpose.
(Added to NRS by 1957, 657; A 1969, 1539; 1979, 528; 1983, 127)
1. Within the limits of legislative appropriations, the Department
of Education, the county school districts of the various counties of the
State, the Nevada Youth Training Center Bureau and the Caliente Youth
Center Bureau of the Division of Child and Family Services of the
Department of Health and Human Services and any other state facility for
the detention of children that is operated pursuant to title 5 of NRS may
enter into cooperative arrangements for improving the quality of the
academic, and career and technical education provided at the Nevada Youth
Training Center, the Caliente Youth Center and any other state facility
for the detention of children that is operated pursuant to title 5 of NRS.
2. This authorization includes the right to pay over money
appropriated to the Nevada Youth Training Center, the Caliente Youth
Center or any other state facility for the detention of children that is
operated pursuant to title 5 of NRS to the Department of Education or to
a county school district when necessary to accomplish the purpose of this
section.
(Added to NRS by 1965, 339; A 1973, 1406, 1614; 1983, 127; 1985,
815; 1989, 1958; 1991, 2127; 2003, 1131 ; 2005, 1052 )
1. Except as otherwise provided in subsection 2, any two or more
political subdivisions of this State, agencies of the State or the Nevada
System of Higher Education may enter into a cooperative agreement for the
purchase of insurance or the establishment of a self-insurance reserve or
fund for coverage under a plan of:
(a) Casualty insurance, as that term is defined in NRS 681A.020
;
(b) Marine and transportation insurance, as that term is defined in
NRS 681A.050 ;
(c) Property insurance, as that term is defined in NRS 681A.060
;
(d) Surety insurance, as that term is defined in NRS 681A.070
;
(e) Health insurance, as that term is defined in NRS 681A.030
; or
(f) Insurance for any combination of these kinds of protection.
2. Any political subdivision of the State, any agency of the State
or the Nevada System of Higher Education which participates in the Public
Employees’ Benefits Program shall obtain the approval of the Board of the
Public Employees’ Benefits Program before it enters into a cooperative
agreement for the purchase of health insurance pursuant to paragraph (e)
of subsection 1.
3. Any such agreement may obligate the respective parties to
pledge revenues or contribute money to secure the obligations or pay the
expenses of the cooperative undertaking and may provide for the
establishment of a separate entity to administer the undertaking.
(Added to NRS by 1987, 1678; A 1993, 371; 1995, 2508; 1999, 3040
)
1. Except as otherwise provided in subsections 2 and 3, any party
to an agreement entered into pursuant to NRS 277.067 , or any entity established by such an
agreement, may:
(a) Obligate itself to contribute money for the purchase of
insurance, the establishment of a reserve or fund for coverage, the
payment of any debt, or for any other purpose related to the undertaking;
(b) Borrow money for any such purpose;
(c) Issue notes and bonds evidencing the borrowing; and
(d) Secure payment of the notes and bonds by a pledge of revenues.
2. Except as otherwise provided in subsection 3, any obligation to
contribute money which is undertaken pursuant to a cooperative agreement:
(a) Is binding notwithstanding that it is intended to remain in
force beyond the current budget year or the terms of office of the
present members of the governing body of the obligor.
(b) If undertaken to pay any debt, does not remain in force more
than 30 years after the date of the borrowing.
(c) If undertaken to pay claims and administrative expenses, does
not remain in force more than 10 years, except with respect to claims
arising from occurrences during the period it is in force.
3. Except for a pledge of revenues or obligation to contribute
money which pledges revenues or commits money derived from a source other
than taxation, any pledge or obligation which is made or undertaken
pursuant to a cooperative agreement by an agency of the State or the
Nevada System of Higher Education does not remain in force after the end
of the biennium in which it is made or undertaken.
(Added to NRS by 1987, 1679; A 1993, 371; 1995, 2508; 2005, 363
)
1. NRS 277.067 and 277.069
provide full authority for the exercise
of the powers granted in those sections. No other act or law relating to
the authorization or issuance of securities that provides for an election
applies to any proceedings taken or acts done pursuant to those sections.
2. An issuance of bonds or notes, pledge of revenues, or
obligation to contribute money which is made or undertaken pursuant to
NRS 277.067 and 277.069 shall be deemed not to create indebtedness for
the purposes of any limitation on indebtedness contained in any general
or special law or charter.
3. Except as otherwise provided in this section and in NRS 277.067
and 277.069 , the issuance of any bonds or notes pursuant
to NRS 277.069 must be made in
accordance with:
(a) The Local Government Securities Law, if the bonds or notes are
issued by or on behalf of a municipality as that term is defined in NRS
350.538 ;
(b) The State Securities Law, if the bonds or notes are issued by
or on behalf of an agency of the State; or
(c) The University Securities Law, if the bonds or notes are issued
by or on behalf of the Nevada System of Higher Education.
(Added to NRS by 1987, 1679; A 1993, 372; 2005, 363 )
COOPERATIVE AGREEMENTS BETWEEN LOCAL GOVERNMENTS FOR FINANCING
GOVERNMENTAL FACILITIES
As used in NRS 277.0705 to 277.0755 , inclusive, unless the context otherwise
requires, the words and terms defined in NRS 277.071 to 277.0735 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1987, 1619)
“Borrowing
local government” means a local government authorized to borrow money and
become obligated to repay it which:
1. Borrows money from an issuer; or
2. Leases or enters into an arrangement for an installment
purchase with a facility financed by an issuer.
(Added to NRS by 1987, 1619)
“Facility” means any
governmental improvement or operation financed for a borrowing local
government, including:
1. Land and interests therein;
2. Buildings;
3. Other structures;
4. Equipment;
5. Water systems;
6. Sewer systems;
7. Drainage and flood control systems;
8. Motor vehicles;
9. Police, ambulance and fire equipment;
10. Hospitals;
11. Jails;
12. Schools;
13. Libraries;
14. Highways, streets and sidewalks;
15. Airports;
16. Any other purpose for which a local government is authorized
to borrow money; and
17. Furnishings, appurtenances and other items financed in
connection with subsections 1 to 16, inclusive.
(Added to NRS by 1987, 1620)
“Finance” includes refinancing or
refunding obligations previously issued by an issuer or a borrowing local
government for a facility.
(Added to NRS by 1987, 1620)
“Issuer” means:
1. A local government or separate administrative or legal entity
designated in a cooperative agreement to issue revenue securities; or
2. A borrowing local government.
(Added to NRS by 1987, 1620)
“Local government” has
the meaning ascribed to it in NRS 354.474 .
(Added to NRS by 1987, 1620)
“Revenue securities”
means negotiable revenue bonds or notes payable from the sources
designated in NRS 277.0745 .
(Added to NRS by 1987, 1620)
Two or more local governments may enter into cooperative
agreements for borrowing money to finance a facility. The agreement must
designate the issuer. If the agreement creates a separate legal or
administrative entity to administer the borrowing or the proceeds it must
specify the composition and powers of the governing body of that entity.
(Added to NRS by 1987, 1620)
The
issuer on behalf of the borrowing local government may issue revenue
securities in order to finance a facility. The revenue securities and the
interest must be repaid solely from:
1. The proceeds of the revenue securities and interest earned;
2. Revenues of any facility financed with the revenue securities;
3. Repayments of loans to borrowing local governments made with
the proceeds of the revenue securities;
4. Rentals or payments for installment purchases made with respect
to facilities financed with revenue securities; and
5. The proceeds of the sale of any facility financed with the
proceeds of the revenue securities or any part of it.
Ê Repayment may be additionally secured by a mortgage, security interest
or other encumbrance on a facility financed with the revenue securities.
(Added to NRS by 1987, 1620)
A borrowing
local government may not borrow money from an issuer or become obligated
on a lease or agreement for an installment purchase for a facility
financed by revenue securities unless the borrowing local government:
1. Has the authority to borrow money or enter into a lease or
agreement for an installment purchase for the facility being financed
with the revenue securities; and
2. Has followed the procedure required by law to borrow money or
enter into a lease or an agreement for an installment purchase.
(Added to NRS by 1987, 1621)
The
provisions of the Local Government Securities Law apply to revenue
securities issued pursuant to NRS 277.0745 to the extent that they are consistent with
the provisions of NRS 277.0705 to
277.075 , inclusive.
(Added to NRS by 1987, 1621)
INTERLOCAL COOPERATION ACT
NRS 277.080 to 277.180 ,
inclusive, may be cited as the Interlocal Cooperation Act.
(Added to NRS by 1965, 1332; A 1993, 1453)
It is the purpose of NRS 277.080 to 277.180 ,
inclusive, to permit local governments to make the most efficient use of
their powers by enabling them to cooperate with other local governments
on a basis of mutual advantage and thereby to provide services and
facilities in a manner and pursuant to forms of governmental organization
which will best accord with geographic, economic, population and other
factors influencing the needs and development of local communities.
(Added to NRS by 1965, 1332)
As used in NRS 277.080 to 277.180 ,
inclusive, unless the context otherwise requires:
1. “Public agency” means:
(a) Any political subdivision of this State, including without
limitation counties, incorporated cities and towns, including Carson
City, unincorporated towns, school districts and other districts.
(b) Any agency of this State or of the United States.
(c) Any political subdivision of another state.
(d) Any Indian tribe, group of tribes, organized segment of a
tribe, or any organization representing two or more such entities.
2. “State” includes any of the United States and the District of
Columbia.
(Added to NRS by 1965, 1332; A 1969, 327; 1973, 260; 1983, 128)
[Expires
by limitation upon proclamation of Executive Director of Department of
Taxation that no saving of total public expenditure resulted from
consolidation of services.]
1. The governing bodies of a county, the largest city, and each
other incorporated city which chooses to participate may consolidate the
services provided by those governments, by interlocal agreement pursuant
to the provisions of NRS 277.105 .
2. The provisions of this section and NRS 277.105 supplement, and in case of conflict prevail
over, the provisions of NRS 277.110 to
277.180 , inclusive.
(Added to NRS by 1993, 1453)
[Expires by limitation upon
proclamation of Executive Director of Department of Taxation that no
saving of total public expenditure resulted from consolidation of
services.]
1. In a county in which governmental services are consolidated,
the governing bodies may establish a permanent administrative entity to
perform specific functions throughout the participating cities and in the
unincorporated area of the county, including, but not limited to:
(a) Prevention and suppression of fire.
(b) Sanitation and sewerage.
(c) Planning, regulation of use of land and buildings, inspection
of buildings for safety, and the issuance of building permits.
(d) Regulation of business and gaming and issuance of business and
gaming licenses.
(e) Provision of parks and recreation, including the maintenance of
existing facilities.
(f) Provision of informational systems and data processing for the
county and participating cities.
(g) General services and the maintenance of buildings and vehicles
for the county and participating cities.
2. The county and each participating city may negotiate concerning
the manner of contributing to the budget of the administrative entity in
proportion to the sum of revenues derived by each from taxes, licenses
for business and gaming, and fees for services performed, in each city
and in the unincorporated area of the county, respectively.
(Added to NRS by 1993, 1453)
Except as limited by NRS 280.105 and 711.175 :
1. Any power, privilege or authority exercised or capable of
exercise by a public agency of this state, including, but not limited to,
law enforcement, may be exercised jointly with any other public agency of
this state, and jointly with any public agency of any other state or of
the United States to the extent that the laws of such other state or of
the United States permit such joint exercise. Any agency of this state
when acting jointly with any other public agency may exercise all the
powers, privileges and authority conferred by NRS 277.080 to 277.180 ,
inclusive, upon a public agency.
2. Any two or more public agencies may enter into agreements with
one another for joint or cooperative action pursuant to the provisions of
NRS 277.080 to 277.170 , inclusive. Those agreements become effective
only upon ratification by appropriate ordinance, resolution or otherwise
pursuant to law on the part of the governing bodies of the participating
public agencies. If it is reasonably foreseeable that a participating
public agency will be required to expend $2,000 or more to carry out such
an agreement, the agreement must be in writing.
(Added to NRS by 1965, 1332; A 1973, 1077; 1981, 646; 2001, 1079
; 2003, 1231 )
1. Except as otherwise provided in NRS 277.105 , any agreement made pursuant to NRS 277.110
which establishes a separate legal or
administrative entity to conduct the joint or cooperative undertaking
shall specify:
(a) The precise organization, composition and nature of such entity
and the powers delegated thereto.
(b) The duration of the agreement.
(c) The purpose of the agreement.
(d) The manner of financing such undertaking and of establishing
and maintaining a budget therefor.
(e) The method or methods to be employed in accomplishing the
partial or complete termination of the agreement and for disposing of
property upon such partial or complete termination.
(f) Any other necessary or proper matters.
2. Any agreement so made which does not establish such an entity
shall contain:
(a) The provisions enumerated in paragraphs (b) to (f), inclusive,
of subsection 1.
(b) Provision for an administrator or joint board responsible for
administering the joint or cooperative undertaking. In the case of a
joint board, public agencies which are parties to the agreement shall be
represented.
(c) The manner of acquiring, holding and disposing of real and
personal property used in such undertaking.
(Added to NRS by 1965, 1332; A 1993, 1454)
1. No agreement made pursuant to NRS 277.080 to 277.170 ,
inclusive, relieves any public agency of any obligation or responsibility
imposed upon it by law except that to the extent of actual and timely
performance by a joint board or other legal or administrative entity
created by the agreement, such performance may be offered in satisfaction
of the obligation or responsibility.
2. A legal entity created before July 1, 2001, by an agreement
made pursuant to NRS 277.080 to 277.170
, inclusive, must not be operated in
such a manner as to affect adversely the continued existence of a public
agency that is not a party to the agreement.
(Added to NRS by 1965, 1333; A 2001, 1698 )
As conditions precedent to the entry into force of
any agreement made pursuant to NRS 277.080 to 277.170 ,
inclusive:
1. The agreement must be submitted to the Attorney General, who
shall determine whether it is in proper form and compatible with the laws
of this state. The Attorney General shall set forth in detail, in
writing, addressed to the governing bodies of the public agencies
concerned, any specific respects in which he finds that the proposed
agreement fails to comply with the requirements of law. Any failure by
the Attorney General to disapprove an agreement submitted under the
provisions of this section within 30 days after its submission shall be
deemed to constitute his approval.
2. If the agreement is in writing, it must be recorded with the
county recorder of each county in which a participating political
subdivision of this state is located, and filed with the Secretary of
State.
(Added to NRS by 1965, 1333; A 2001, 1080 , 1759 ; 2003, 75 )
In the event that an agreement made pursuant to NRS 277.080 to 277.170 ,
inclusive, deals in whole or in part with the provision of services of
facilities over which an officer or agency of this State has
constitutional or statutory powers of control, the agreement shall, as a
condition precedent to its entry into force, be submitted to the state
officer or agency having such power of control for approval or
disapproval by him or it as to all matters within his or its jurisdiction
in the same manner and subject to the same requirements as govern the
action of the Attorney General under NRS 277.140 . This requirement of submission and approval
is in addition to and not in substitution for the requirement of
submission and approval by the Attorney General.
(Added to NRS by 1965, 1333)
An agreement entered into pursuant to NRS 277.080 to 277.170 ,
inclusive, between or among one or more public agencies of this state and
one or more public agencies of another state or of the United States
shall have the status of an interstate compact, but in any case or
controversy involving performance or interpretation thereof or liability
thereunder, the public agencies which are parties to the agreement shall
be real parties in interest, and the state may maintain an action to
recover for any damages or liability which it may incur by reason of
being joined as a party in such case or controversy. Such action shall be
maintainable against any public agency whose default, failure of
performance, or other conduct caused or contributed to the incurring of
damage or liability by the state.
(Added to NRS by 1965, 1333)
1. A public agency which has entered into an agreement pursuant to
NRS 277.080 to 277.170 , inclusive, may support the administrative
joint board or other legal or administrative entity created to operate
the joint or cooperative undertaking, to the extent that funds for such
operation are not made available through grant, gift or other source, in
any one or more of the following ways:
(a) By appropriating funds;
(b) By selling, leasing, giving or otherwise supplying property; or
(c) By providing such personnel or services as may be within its
legal power to furnish.
2. A public agency may also support a joint or cooperative
undertaking by issuing its own securities to defray costs ultimately to
be borne by the other party, in contemplation of later repayment.
(Added to NRS by 1965, 1334; A 1967, 698; 1995, 1605)
1. Any one or more public agencies may contract with any one or
more other public agencies to perform any governmental service, activity
or undertaking which any of the public agencies entering into the
contract is authorized by law to perform. Such a contract must:
(a) Be ratified by appropriate official action of the governing
body of each party to the contract as a condition precedent to its entry
into force;
(b) Set forth fully the purposes, powers, rights, objectives and
responsibilities of the contracting parties; and
(c) If an agency of this State is a party to the contract, be
approved by the Attorney General as to form and compliance with law.
Ê If it is reasonably foreseeable that a contracting party will be
required to expend $2,000 or more to carry out the contract, the contract
must be in writing.
2. The authorized purposes of agreements made pursuant to
subsection 1 include, but are not limited to:
(a) The joint use of hospitals, road construction and repair
equipment, and such other facilities or services as may and can be
reasonably used for the promotion and protection of the health and
welfare of the inhabitants of this State.
(b) The joint use of county and city personnel, equipment and
facilities, including sewer systems, drainage systems, street lighting
systems, fire alarm systems, sewage disposal plants, playgrounds, parks
and recreational facilities, and public buildings constructed by or under
the supervision of the board of county commissioners or the city council
of the county and city concerned, upon such terms and agreements, and
within such areas within the county as may be determined, for the
promotion and protection of health, comfort, safety, life, welfare and
property of the inhabitants of the counties and cities.
(c) The joint employment of clerks, stenographers and other
employees in the offices of the city and county auditor, city and county
assessor, city and county treasurer, or any other joint city and county
office existing or hereafter established in the several counties, upon
such terms and conditions as may be determined for the equitable
apportionment of the expenses of the joint city and county office.
(d) The joint and cooperative use of fire-fighting and
fire-protection equipment for the protection of property and the
prevention and suppression of fire.
(e) The joint use of county and city personnel, equipment and
facilities, upon such terms and conditions, and within such areas within
the county as may be determined, for the promotion and protection of the
health of the inhabitants of the county and city through the regulation,
control and prohibition of the excessive emission of dense smoke and air
pollution.
(f) The joint and cooperative use of law enforcement agencies.
(g) The joint use or operation of a system of public transportation.
3. Each public agency which has entered into an agreement pursuant
to this section shall annually at the time of preparing its budget
include an estimate of the expenses necessary to carry out such
agreement, the funds for which are not made available through grant, gift
or other source, and provide for such expense as other items are provided
in its budget. Each such public agency may furnish property, personnel or
services as necessary to carry out the agreement.
(Added to NRS by 1965, 1334; A 1967, 699; 1973, 1077; 1999, 2173
; 2001, 808 , 1080 , 1083 )
COORDINATION OF COLLECTION OF CERTAIN INFORMATION FROM BUSINESSES
1. The agencies of this State, and the local governments within
this State, that collect taxes or fees from persons engaged in business,
or require such persons to provide related information and forms, shall
coordinate their collection of information and forms so that each
enterprise is required to furnish information in as few separate reports
as possible. This section applies specifically, but is not limited, to
the Department of Taxation, the Employment Security Division of the
Department of Employment, Training and Rehabilitation, the State
Department of Conservation and Natural Resources, and the counties and
cities that require a business license.
2. On or before October 1 of each year, the Executive Director of
the Department of Taxation shall convene the heads, or persons designated
by the respective heads, of the state agencies named in subsection 1 and
the appropriate officers of the cities and counties that require a
business license. The Secretary of State, a representative of the Nevada
Association of Counties and a representative of the Nevada League of
Cities must be invited to attend the meeting. If he knows, or is made
aware by persuasive information furnished by any enterprise required to
pay a tax or fee or to provide information, that any other state or local
agency needs to participate to accomplish the purpose set forth in
subsection 1, he shall also invite the head of that agency or the
appropriate officer of the local government, and the person so invited
shall attend. The Director of the Department of Information Technology
shall assist in effecting the consolidation of the information and the
creation of the forms.
3. The persons so assembled shall design and modify, as
appropriate, the necessary joint forms for use during the ensuing fiscal
year to accomplish the purpose set forth in subsection 1. If any dispute
cannot be resolved by the participants, it must be referred to the Nevada
Tax Commission for a decision that is binding on all parties.
4. On or before February 15 of each year, the Executive Director
of the Department of Taxation shall submit a report to the Director of
the Legislative Counsel Bureau for presentation to the Legislature. The
report must include a summary of the annual meeting held during the
immediately preceding year and any recommendations for proposed
legislation.
5. The provisions of chapter 241 of
NRS apply to a meeting held pursuant to this section. The Executive
Director of the Department of Taxation shall provide members of the staff
of the Department of Taxation to assist in complying with the
requirements of chapter 241 of NRS.
(Added to NRS by 1993, 1470; A 1995, 649; 1997, 58, 3088; 1999, 398
, 1813 )
TAHOE REGIONAL PLANNING COMPACT
(NRS 277.190 to 277.220 , inclusive, became effective upon proclamation
by the Governor of the enactment of the Tahoe Regional Planning Compact
by the State of California and its approval by the Congress of the United
States. The compact was amended by the State of California and the
amendments were adopted by a special session of the Nevada Legislature in
1980. The amendments became effective upon their approval by the Congress
of the United States that same year. See chapter 575, Statutes of Nevada
1979, at page 1135 and chapter 1, Statutes of Nevada 1980, at page 1. The
compact was further amended by the State of California and the amendments
were adopted by the Nevada Legislature in 1987. These amendments become
effective upon their approval by the Congress of the United States. See
chapter 22, Statutes of Nevada 1987, at page 28. The compact was further
amended by the Nevada Legislature in 1997. These amendments become
effective upon adoption of the amendments by the State of California. See
chapter 311, Statutes of Nevada 1997, at page 1125.)
The
Tahoe Regional Planning Compact, set forth in full in NRS 277.200 , is hereby enacted into law.
(Added to NRS by 1968, 4)
[Effective until approval by the
Congress of the United States of the proposed amendments of 1987 or until
proclamation by the Governor of this State that the State of California
has enacted amendments substantially similar to the amendments approved
in 1997 by the Legislature of this State.] The Tahoe Regional Planning
Compact is as follows:
Tahoe Regional Planning Compact
ARTICLE I. Findings and Declarations of Policy
(a) It is found and declared that:
(1) The waters of Lake Tahoe and other resources of the
region are threatened with deterioration or degeneration, which endangers
the natural beauty and economic productivity of the region.
(2) The public and private interests and investments in the
region are substantial.
(3) The region exhibits unique environmental and ecological
values which are irreplaceable.
(4) By virtue of the special conditions and circumstances of
the region’s natural ecology, developmental pattern, population
distribution and human needs, the region is experiencing problems of
resource use and deficiencies of environmental control.
(5) Increasing urbanization is threatening the ecological
values of the region and threatening the public opportunities for use of
the public lands.
(6) Maintenance of the social and economic health of the
region depends on maintaining the significant scenic, recreational,
educational, scientific, natural and public health values provided by the
Lake Tahoe Basin.
(7) There is a public interest in protecting, preserving and
enhancing these values for the residents of the region and for visitors
to the region.
(8) Responsibilities for providing recreational and
scientific opportunities, preserving scenic and natural areas, and
safeguarding the public who live, work and play in or visit the region
are divided among local governments, regional agencies, the states of
California and Nevada, and the Federal Government.
(9) In recognition of the public investment and multistate
and national significance of the recreational values, the Federal
Government has an interest in the acquisition of recreational property
and the management of resources in the region to preserve environmental
and recreational values, and the Federal Government should assist the
states in fulfilling their responsibilities.
(10) In order to preserve the scenic beauty and outdoor
recreational opportunities of the region, there is a need to insure an
equilibrium between the region’s natural endowment and its man-made
environment.
(b) In order to enhance the efficiency and governmental
effectiveness of the region, it is imperative that there be established a
Tahoe Regional Planning Agency with the powers conferred by this compact
including the power to establish environmental threshold carrying
capacities and to adopt and enforce a regional plan and implementing
ordinances which will achieve and maintain such capacities while
providing opportunities for orderly growth and development consistent
with such capacities.
(c) The Tahoe Regional Planning Agency shall interpret and
administer its plans, ordinances, rules and regulations in accordance
with the provisions of this compact.
ARTICLE II. Definitions
As used in this compact:
(a) “Region,” includes Lake Tahoe, the adjacent parts of Douglas
and Washoe counties and Carson City, which for the purposes of this
compact shall be deemed a county, lying within the Tahoe Basin in the
State of Nevada, and the adjacent parts of the Counties of Placer and El
Dorado lying within the Tahoe Basin in the State of California, and that
additional and adjacent part of the County of Placer outside of the Tahoe
Basin in the State of California which lies southward and eastward of a
line starting at the intersection of the basin crestline and the north
boundary of Section 1, thence west to the northwest corner of Section 3,
thence south to the intersection of the basin crestline and the west
boundary of Section 10; all sections referring to Township 15 North,
Range 16 East, M.D.B. & M. The region defined and described herein shall
be as precisely delineated on official maps of the agency.
(b) “Agency” means the Tahoe Regional Planning Agency.
(c) “Governing body” means the governing board of the Tahoe
Regional Planning Agency.
(d) “Regional plan” means the long-term general plan for the
development of the region.
(e) “Planning commission” means the advisory planning commission
appointed pursuant to subdivision (h) of Article III.
(f) “Gaming” means to deal, operate, carry on, conduct, maintain or
expose for play any banking or percentage game played with cards, dice or
any mechanical device or machine for money, property, checks, credit or
any representative of value, including, without limiting the generality
of the foregoing, faro, monte, roulette, keno, bingo, fantan, twenty-one,
blackjack, seven-and-a-half, big injun, klondike, craps, stud poker, draw
poker or slot machine, but does not include social games played solely
for drinks, or cigars or cigarettes served individually, games played in
private homes or residences for prizes or games operated by charitable or
educational organizations, to the extent excluded by applicable state law.
(g) “Restricted gaming license” means a license to operate not more
than 15 slot machines on which a quarterly fee is charged pursuant to NRS
463.373 and no other games.
(h) “Project” means an activity undertaken by any person, including
any public agency, if the activity may substantially affect the land,
water, air, space or any other natural resources of the region.
(i) “Environmental threshold carrying capacity” means an
environmental standard necessary to maintain a significant scenic,
recreational, educational, scientific or natural value of the region or
to maintain public health and safety within the region. Such standards
shall include but not be limited to standards for air quality, water
quality, soil conservation, vegetation preservation and noise.
(j) “Feasible” means capable of being accomplished in a successful
manner within a reasonable period of time, taking into account economic,
environmental, social and technological factors.
(k) “Areas open to public use” means all of the areas within a
structure housing gaming under a nonrestricted license except areas
devoted to the private use of guests.
(l) “Areas devoted to private use of guests” means hotel rooms and
hallways to serve hotel room areas, and any parking areas. A hallway
serves hotel room areas if more than 50 percent of the areas on each side
of the hallway are hotel rooms.
(m) “Nonrestricted license” means a gaming license which is not a
restricted gaming license.
ARTICLE III. Organization
(a) There is created the Tahoe Regional Planning Agency as a
separate legal entity.
The governing body of the agency shall be constituted as follows:
(1) California delegation:
(A) One member appointed by each of the County Boards of
Supervisors of the Counties of El Dorado and Placer and one member
appointed by the City Council of the City of South Lake Tahoe. Any such
member may be a member of the county board of supervisors or city
council, respectively, and shall reside in the territorial jurisdiction
of the governmental body making the appointment.
(B) Two members appointed by the Governor of California, one member
appointed by the Speaker of the Assembly of California and one member
appointed by the Senate Rules Committee of the State of California. The
members appointed pursuant to this subparagraph shall not be residents of
the region and shall represent the public at large within the State of
California.
(2) Nevada delegation:
(A) One member appointed by each of the boards of county
commissioners of Douglas and Washoe counties and one member appointed by
the board of supervisors of Carson City. Any such member may be a member
of the board of county commissioners or board of supervisors,
respectively, and shall reside in the territorial jurisdiction of the
governmental body making the appointment.
(B) One member appointed by the governor of Nevada, the secretary
of state of Nevada or his designee, and the director of the state
department of conservation and natural resources of Nevada or his
designee. Except for the secretary of state and the director of the state
department of conservation and natural resources, the members or
designees appointed pursuant to this subparagraph shall not be residents
of the region. All members appointed pursuant to this subparagraph shall
represent the public at large within the State of Nevada.
(C) One member appointed for a 1-year term by the six other members
of the Nevada delegation. If at least four members of the Nevada
delegation are unable to agree upon the selection of a seventh member
within 60 days after the effective date of the amendments to this compact
or the occurrence of a vacancy on the governing body for that state the
governor of the State of Nevada shall make such an appointment. The
member appointed pursuant to this subparagraph may, but is not required
to, be a resident of the region within the State of Nevada.
(3) If any appointing authority under paragraph (1)(A), (1)(B),
(2)(A) or (2)(B) fails to make such an appointment within 60 days after
the effective date of the amendments to this compact or the occurrence of
a vacancy on the governing body, the governor of the state in which the
appointing authority is located shall make the appointment. The term of
any member so appointed shall be 1 year.
(4) The position of any member of the governing body shall be
deemed vacant if such a member is absent from three consecutive meetings
of the governing body in any calendar year.
(5) Each member and employee of the agency shall disclose his
economic interests in the region within 10 days after taking his seat on
the governing board or being employed by the agency and shall thereafter
disclose any further economic interest which he acquires, as soon as
feasible after he acquires it. As used in this paragraph, “economic
interests” means:
(A) Any business entity operating in the region in which the member
or employee has a direct or indirect investment worth more than $1,000;
(B) Any real property located in the region in which the member or
employee has a direct or indirect interest worth more than $1,000;
(C) Any source of income attributable to activities in the region,
other than loans by or deposits with a commercial lending institution in
the regular course of business, aggregating $250 or more in value
received by or promised to the member within the preceding 12 months; or
(D) Any business entity operating in the region in which the member
or employee is a director, officer, partner, trustee, employee or holds
any position of management.
Ê No member or employee of the agency shall make, or attempt to
influence, an agency decision in which he knows or has reason to know he
has an economic interest. Members and employees of the agency must
disqualify themselves from making or participating in the making of any
decision of the agency when it is reasonably foreseeable that the
decision will have a material financial effect, distinguishable from its
effect on the public generally, on the economic interests of the member
or employee.
(b) The members of the agency shall serve without compensation, but
the expenses of each member shall be met by the body which he represents
in accordance with the law of that body. All other expenses incurred by
the governing body in the course of exercising the powers conferred upon
it by this compact unless met in some other manner specifically provided,
shall be paid by the agency out of its own funds.
(c) Except for the secretary of state and director of the state
department of conservation and natural resources of Nevada and the member
appointed pursuant to subdivision (a)(2)(C), the members of the governing
body serve at the pleasure of the appointing authority in each case, but
each appointment shall be reviewed no less often than every 4 years.
Members may be reappointed.
(d) The governing body of the agency shall meet at least monthly.
All meetings shall be open to the public to the extent required by the
law of the State of California or the State of Nevada, whichever imposes
the greater requirement, applicable to local governments at the time such
meeting is held. The governing body shall fix a date for its regular
monthly meeting in such terms as “the first Monday of each month,” and
shall not change such date more often than once in any calendar year.
Notice of the date so fixed shall be given by publication at least once
in a newspaper or combination of newspapers whose circulation is general
throughout the region and in each county a portion of whose territory
lies within the region. Notice of any special meeting, except an
emergency meeting, shall be given by so publishing the date and place and
posting an agenda at least 5 days prior to the meeting.
(e) The position of a member of the governing body shall be
considered vacated upon his loss of any of the qualifications required
for his appointment and in such event the appointing authority shall
appoint a successor.
(f) The governing body shall elect from its own members a chairman
and vice chairman, whose terms of office shall be 2 years, and who may be
reelected. If a vacancy occurs in either office, the governing body may
fill such vacancy for the unexpired term.
(g) Four of the members of the governing body from each state
constitute a quorum for the transaction of the business of the agency.
The voting procedures shall be as follows:
(1) For adopting, amending or repealing environmental threshold
carrying capacities, the regional plan, and ordinances, rules and
regulations, and for granting variances from the ordinances, rules and
regulations, the vote of at least four of the members of each state
agreeing with the vote of at least four members of the other state shall
be required to take action. If there is no vote of at least four of the
members from one state agreeing with the vote of at least four of the
members of the other state on the actions specified in this paragraph, an
action of rejection shall be deemed to have been taken.
(2) For approving a project, the affirmative vote of at least five
members from the state in which the project is located and the
affirmative vote of at least nine members of the governing body are
required. If at least five members of the governing body from the state
in which the project is located and at least nine members of the entire
governing body do not vote in favor of the project, upon a motion for
approval, an action of rejection shall be deemed to have been taken. A
decision by the agency to approve a project shall be supported by a
statement of findings, adopted by the agency, which indicates that the
project complies with the regional plan and with applicable ordinances,
rules and regulations of the agency.
(3) For routine business and for directing the agency’s staff on
litigation and enforcement actions, at least eight members of the
governing body must agree to take action. If at least eight votes in
favor of such action are not cast, an action of rejection shall be deemed
to have been taken.
Ê Whenever under the provisions of this compact or any ordinance, rule,
regulation or policy adopted pursuant thereto, the agency is required to
review or approve any project, public or private, the agency shall take
final action by vote, whether to approve, to require modification or to
reject such project, within 180 days after the application for such
project is accepted as complete by the agency in compliance with the
agency’s rules and regulations governing such delivery unless the
applicant has agreed to an extension of this time limit. If a final
action by vote does not take place within 180 days, the applicant may
bring an action in a court of competent jurisdiction to compel a vote
unless he has agreed to an extension. This provision does not limit the
right of any person to obtain judicial review of agency action under
subdivision (h) of Article VI. The vote of each member of the governing
body shall be individually recorded. The governing body shall adopt its
own rules, regulations and procedures.
(h) An advisory planning commission shall be appointed by the
agency. The commission shall include: the chief planning officers of
Placer County, El Dorado County, and the City of South Lake Tahoe in
California and of Douglas County, Washoe County and Carson City in
Nevada, the executive officer of the Lahontan Regional Water Quality
Control Board of the State of California, the executive officer of the
Air Resources Board of the State of California, the director of the state
department of conservation and natural resources of the State of Nevada,
the administrator of the division of environmental protection in the
state department of conservation and natural resources of the State of
Nevada, the administrator of the Lake Tahoe Management Unit of the United
States Forest Service, and at least four lay members with an equal number
from each state, at least half of whom shall be residents of the region.
Any official member may designate an alternate.
The term of office of each lay member of the advisory planning
commission shall be 2 years. Members may be reappointed.
The position of each member of the advisory planning commission
shall be considered vacated upon loss of any of the qualifications
required for appointment, and in such an event the appointing authority
shall appoint a successor.
The advisory planning commission shall elect from its own members a
chairman and a vice chairman, whose terms of office shall be 2 years and
who may be reelected. If a vacancy occurs in either office, the advisory
planning commission shall fill such vacancy for the unexpired term.
A majority of the members of the advisory planning commission
constitutes a quorum for the transaction of the business of the
commission. A majority vote of the quorum present shall be required to
take action with respect to any matter.
(i) The agency shall establish and maintain an office within the
region, and for this purpose the agency may rent or own property and
equipment. Every plan, ordinance and other record of the agency which is
of such nature as to constitute a public record under the law of either
the State of California or the State of Nevada shall be open to
inspection and copying during regular office hours.
(j) Each authority charged under this compact or by the law of
either state with the duty of appointing a member of the governing body
of the agency shall by certified copy of its resolution or other action
notify the Secretary of State of its own state of the action taken.
ARTICLE IV. Personnel
(a) The governing body shall determine the qualification of, and it
shall appoint and fix the salary of, the executive officer of the agency,
and shall employ such other staff and legal counsel as may be necessary
to execute the powers and functions provided for under this compact or in
accordance with any intergovernmental contracts or agreements the agency
may be responsible for administering.
(b) Agency personnel standards and regulations shall conform
insofar as possible to the regulations and procedures of the civil
service of the State of California or the State of Nevada, as may be
determined by the governing body of the agency; and shall be regional and
bistate in application and effect; provided that the governing body may,
for administrative convenience and at its discretion, assign the
administration of designated personnel arrangements to an agency of
either state, and provided that administratively convenient adjustments
be made in the standards and regulations governing personnel assigned
under intergovernmental agreements.
(c) The agency may establish and maintain or participate in such
additional programs of employee benefits as may be appropriate to afford
employees of the agency terms and conditions of employment similar to
those enjoyed by employees of California and Nevada generally.
ARTICLE V. Planning
(a) In preparing each of the plans required by this article and
each amendment thereto, if any, subsequent to its adoption, the planning
commission after due notice shall hold at least one public hearing which
may be continued from time to time, and shall review the testimony and
any written recommendations presented at such hearing before recommending
the plan or amendment. The notice required by this subdivision shall be
given at least 20 days prior to the public hearing by publication at
least once in a newspaper or combination of newspapers whose circulation
is general throughout the region and in each county a portion of whose
territory lies within the region.
The planning commission shall then recommend such plan or amendment
to the governing body for adoption by ordinance. The governing body may
adopt, modify or reject the proposed plan or amendment, or may initiate
and adopt a plan or amendment without referring it to the planning
commission. If the governing body initiates or substantially modifies a
plan or amendment, it shall hold at least one public hearing thereon
after due notice as required in this subdivision.
If a request is made for the amendment of the regional plan by:
(1) A political subdivision a part of whose territory would be
affected by such amendment; or
(2) The owner or lessee of real property which would be affected by
such amendment,
Ê the governing body shall complete its action on such amendment within
180 days after such request is accepted as complete according to
standards which must be prescribed by ordinance of the agency.
(b) The agency shall develop, in cooperation with the states of
California and Nevada, environmental threshold carrying capacities for
the region. The agency should request the President’s Council on
Environmental Quality, the United States Forest Service and other
appropriate agencies to assist in developing such environmental threshold
carrying capacities. Within 18 months after the effective date of the
amendments to this compact, the agency shall adopt environmental
threshold carrying capacities for the region.
(c) Within 1 year after the adoption of the environmental threshold
carrying capacities for the region, the agency shall amend the regional
plan so that, at a minimum, the plan and all of its elements, as
implemented through agency ordinances, rules and regulations, achieves
and maintains the adopted environmental threshold carrying capacities.
Each element of the plan shall contain implementation provisions and time
schedules for such implementation by ordinance. The planning commission
and governing body shall continuously review and maintain the regional
plan. The regional plan shall consist of a diagram, or diagrams, and
text, or texts setting forth the projects and proposals for
implementation of the regional plan, a description of the needs and goals
of the region and a statement of the policies, standards and elements of
the regional plan.
The regional plan shall be a single enforceable plan and includes
all of the following correlated elements:
(1) A land-use plan for the integrated arrangement and general
location and extent of, and the criteria and standards for, the uses of
land, water, air, space and other natural resources within the region,
including but not limited to an indication or allocation of maximum
population densities and permitted uses.
(2) A transportation plan for the integrated development of a
regional system of transportation, including but not limited to parkways,
highways, transportation facilities, transit routes, waterways,
navigation facilities, public transportation facilities, bicycle
facilities, and appurtenant terminals and facilities for the movement of
people and goods within the region. The goal of transportation planning
shall be:
(A) To reduce dependency on the automobile by making more effective
use of existing transportation modes and of public transit to move people
and goods within the region; and
(B) To reduce to the extent feasible air pollution which is caused
by motor vehicles.
Ê Where increases in capacity are required, the agency shall give
preference to providing such capacity through public transportation and
public programs and projects related to transportation. The agency shall
review and consider all existing transportation plans in preparing its
regional transportation plan pursuant to this paragraph.
The plan shall provide for an appropriate transit system for the
region.
The plan shall give consideration to:
(A) Completion of the Loop Road in the states of Nevada and
California;
(B) Utilization of a light rail mass transit system in the South
Shore area; and
(C) Utilization of a transit terminal in the Kingsbury Grade area.
Ê Until the regional plan is revised, or a new transportation plan is
adopted in accordance with this paragraph, the agency has no effective
transportation plan.
(3) A conservation plan for the preservation, development,
utilization, and management of the scenic and other natural resources
within the basin, including but not limited to, soils, shoreline and
submerged lands, scenic corridors along transportation routes, open
spaces, recreational and historical facilities.
(4) A recreation plan for the development, utilization, and
management of the recreational resources of the region, including but not
limited to, wilderness and forested lands, parks and parkways, riding and
hiking trails, beaches and playgrounds, marinas, areas for skiing and
other recreational facilities.
(5) A public services and facilities plan for the general location,
scale and provision of public services and facilities, which, by the
nature of their function, size, extent and other characteristics are
necessary or appropriate for inclusion in the regional plan.
In formulating and maintaining the regional plan, the planning
commission and governing body shall take account of and shall seek to
harmonize the needs of the region as a whole, the plans of the counties
and cities within the region, the plans and planning activities of the
state, federal and other public agencies and nongovernmental agencies and
organizations which affect or are concerned with planning and development
within the region.
(d) The regional plan shall provide for attaining and maintaining
federal, state, or local air and water quality standards, whichever are
strictest, in the respective portions of the region for which the
standards are applicable.
The agency may, however, adopt air or water quality standards or
control measures more stringent than the applicable state implementation
plan or the applicable federal, state, or local standards for the region,
if it finds that such additional standards or control measures are
necessary to achieve the purposes of this compact. Each element of the
regional plan, where applicable, shall, by ordinance, identify the means
and time schedule by which air and water quality standards will be
attained.
(e) Except for the Regional Transportation Plan of the California
Tahoe Regional Planning Agency, the regional plan, ordinances, rules and
regulations adopted by the California Tahoe Regional Planning Agency in
effect on July 1, 1980, shall be the regional plan, ordinances, rules and
regulations of the Tahoe Regional Planning Agency for that portion of the
Tahoe region located in the State of California. Such plan, ordinance,
rule or regulation may be amended or repealed by the governing body of
the agency. The plans, ordinances, rules and regulations of the Tahoe
Regional Planning Agency that do not conflict with, or are not addressed
by, the California Tahoe Regional Planning Agency’s plans, ordinances,
rules and regulations referred to in this subdivision shall continue to
be applicable unless amended or repealed by the governing body of the
agency. No provision of the regional plan, ordinances, rules and
regulations of the California Tahoe Regional Planning Agency referred to
in this subdivision shall apply to that portion of the region within the
State of Nevada, unless such provision is adopted for the Nevada portion
of the region by the governing body of the agency.
(f) The regional plan, ordinances, rules and regulations of the
Tahoe Regional Planning Agency apply to that portion of the region within
the State of Nevada.
(g) The agency shall adopt ordinances prescribing specific written
findings that the agency must make prior to approving any project in the
region. These findings shall relate to environmental protection and shall
insure that the project under review will not adversely affect
implementation of the regional plan and will not cause the adopted
environmental threshold carrying capacities of the region to be exceeded.
(h) The agency shall maintain the data, maps and other information
developed in the course of formulating and administering the regional
plan, in a form suitable to assure a consistent view of developmental
trends and other relevant information for the availability of and use by
other agencies of government and by private organizations and individuals
concerned.
(i) Where necessary for the realization of the regional plan, the
agency may engage in collaborative planning with local governmental
jurisdictions located outside the region, but contiguous to its
boundaries. In formulating and implementing the regional plan, the agency
shall seek the cooperation and consider the recommendations of counties
and cities and other agencies of local government, of state and federal
agencies, of educational institutions and research organizations, whether
public or private, and of civic groups and private persons.
ARTICLE VI. Agency’s Powers
(a) The governing body shall adopt all necessary ordinances, rules,
and regulations to effectuate the adopted regional plan. Except as
otherwise provided in this compact, every such ordinance, rule or
regulation shall establish a minimum standard applicable throughout the
region. Any political subdivision or public agency may adopt and enforce
an equal or higher requirement applicable to the same subject of
regulation in its territory. The regulations of the agency shall contain
standards including but not limited to the following: water purity and
clarity; subdivision; zoning; tree removal; solid waste disposal; sewage
disposal; land fills, excavations, cuts and grading; piers, harbors,
breakwaters or channels and other shoreline developments; waste disposal
in shoreline areas; waste disposal from boats; mobile-home parks; house
relocation; outdoor advertising; floodplain protection; soil and
sedimentation control; air pollution; and watershed protection. Whenever
possible without diminishing the effectiveness of the regional plan, the
ordinances, rules, regulations and policies shall be confined to matters
which are general and regional in application, leaving to the
jurisdiction of the respective states, counties and cities the enactment
of specific and local ordinances, rules, regulations and policies which
conform to the regional plan.
The agency shall prescribe by ordinance those activities which it
has determined will not have substantial effect on the land, water, air,
space or any other natural resources in the region and therefore will be
exempt from its review and approval.
Every ordinance adopted by the agency shall be published at least
once by title in a newspaper or combination of newspapers whose
circulation is general throughout the region. Except an ordinance
adopting or amending the regional plan, no ordinance shall become
effective until 60 days after its adoption. Immediately after its
adoption, a copy of each ordinance shall be transmitted to the governing
body of each political subdivision having territory within the region.
(b) No project other than those to be reviewed and approved under
the special provisions of subdivisions (d), (e), (f) and (g) may be
developed in the region without obtaining the review and approval of the
agency and no project may be approved unless it is found to comply with
the regional plan and with the ordinances, rules and regulations enacted
pursuant to subdivision (a) to effectuate that plan.
The agency may approve a project in the region only after making
the written findings required by this subdivision or subdivision (g) of
Article V. Such findings shall be based on substantial evidence in the
record.
Before adoption by the agency of the ordinances required in
subdivision (g) of Article V, the agency may approve a project in the
region only after making written findings on the basis of substantial
evidence in the record that the project is consistent with the regional
plan then in effect and with applicable plans, ordinances, regulations,
and standards of federal and state agencies relating to the protection,
maintenance and enhancement of environmental quality in the region.
(c) The legislatures of the states of California and Nevada find
that in order to make effective the regional plan as revised by the
agency, it is necessary to halt temporarily works of development in the
region which might otherwise absorb the entire capability of the region
for further development or direct it out of harmony with the ultimate
plan. Subject to the limitation provided in this subdivision, from the
effective date of the amendments to this compact until the regional plan
is amended pursuant to subdivision (c) of Article V, or until May 1,
1983, whichever is earlier:
(1) Except as otherwise provided in this paragraph, no new
subdivision, planned unit development, or condominium project may be
approved unless a complete tentative map or plan has been approved before
the effective date of the amendments to this compact by all agencies
having jurisdiction. The subdivision of land owned by a general
improvement district, which existed and owned the land before the
effective date of the amendments to this compact, may be approved if
subdivision of the land is necessary to avoid insolvency of the district.
(2) Except as provided in paragraph (3), no apartment building may
be erected unless the required permits for such building have been
secured from all agencies having jurisdiction, prior to the effective
date of the amendments to this compact.
(3) During each of the calendar years 1980, 1981 and 1982, no city
or county may issue building permits which authorize the construction of
a greater number of new residential units within the region than were
authorized within the region by building permits issued by that city or
county during the calendar year 1978. For the period of January through
April, 1983, building permits authorizing the construction of no more
than one-third of that number may be issued by each such city or county.
For purposes of this paragraph a “residential unit” means either a single
family residence or an individual residential unit within a larger
building, such as an apartment building, a duplex or a condominium.
The legislatures find the respective numbers of residential units
authorized within the region during the calendar year 1978 to be as
follows:
1. City of South Lake Tahoe and El Dorado County
(combined)................. 252
2. Placer
County.....................................................................
.............................. 278
3. Carson
City.......................................................................
................................ -0-
4. Douglas
County.....................................................................
......................... 339
5. Washoe
County.....................................................................
......................... 739
(4) During each of the calendar years 1980, 1981 and 1982, no city
or county may issue building permits which authorize construction of a
greater square footage of new commercial buildings within the region than
were authorized within the region by building permits for commercial
purposes issued by that city or county during the calendar year 1978. For
the period of January through April, 1983, building permits authorizing
the construction of no more than one-third the amount of that square
footage may be issued by each such city or county.
The legislatures find the respective square footages of commercial
buildings authorized within the region during calendar year 1978 to be as
follows:
1. City of South Lake Tahoe and El Dorado County
(combined)................. 64,324
2. Placer
County.....................................................................
.............................. 23,000
3. Carson
City.......................................................................
................................ -0-
4. Douglas
County.....................................................................
......................... 57,354
5. Washoe
County.....................................................................
......................... 50,600
(5) No structure may be erected to house gaming under a
nonrestricted license.
(6) No facility for the treatment of sewage may be constructed or
enlarged except:
(A) To comply, as ordered by the appropriate state agency for the
control of water pollution, with existing limitations of effluent under
the Clean Water Act, 33 U.S.C. §§ 1251 et seq., and the applicable state
law for control of water pollution;
(B) To accommodate development which is not prohibited or limited
by this subdivision; or
(C) In the case of Douglas County Sewer District # 1, to modify or
otherwise alter sewage treatment facilities existing on the effective
date of the amendments to this compact so that such facilities will be
able to treat the total volume of effluent for which they were originally
designed, which is 3.0 million gallons per day. Such modification or
alteration is not a “project”; is not subject to the requirements of
Article VII; and does not require a permit from the agency. Before
commencing such modification or alteration, however, the district shall
submit to the agency its report identifying any significant soil erosion
problems which may be caused by such modifications or alterations and the
measures which the district proposes to take to mitigate or avoid such
problems.
The moratorium imposed by this subdivision does not apply to work
done pursuant to a right vested before the effective date of the
amendments to this compact. Notwithstanding the expiration date of the
moratorium imposed by this subdivision, no new highway may be built or
existing highway widened to accommodate additional continuous lanes for
automobiles until the regional transportation plan is revised and adopted.
The moratorium imposed by this subdivision does not apply to the
construction of any parking garage which has been approved by the agency
prior to May 4, 1979, whether that approval was affirmative or by
default. The provisions of this paragraph are not an expression of
legislative intent that any such parking garage, the approval of which is
the subject of litigation which was pending on the effective date of the
amendments to this compact, should or should not be constructed. The
provisions of this paragraph are intended solely to permit construction
of such a parking garage if a judgment sustaining the agency’s approval
to construct that parking garage has become final and no appeal is
pending or may lawfully be taken to a higher court.
(d) Subject to the final order of any court of competent
jurisdiction entered in litigation contesting the validity of an approval
by the Tahoe Regional Planning Agency, whether that approval was
affirmative or by default, if that litigation was pending on May 4, 1979,
the agency and the states of California and Nevada shall recognize as a
permitted and conforming use:
(1) Every structure housing gaming under a nonrestricted license
which existed as a licensed gaming establishment on May 4, 1979, or whose
construction was approved by the Tahoe Regional Planning Agency
affirmatively or deemed approved before that date. The construction or
use of any structure to house gaming under a nonrestricted license not so
existing or approved, or the enlargement in cubic volume of any such
existing or approved structure is prohibited.
(2) Every other nonrestricted gaming establishment whose use was
seasonal and whose license was issued before May 4, 1979, for the same
season and for the number and type of games and slot machines on which
taxes or fees were paid in the calendar year 1978.
(3) Gaming conducted pursuant to a restricted gaming license issued
before May 4, 1979, to the extent permitted by that license on that date.
Ê The area within any structure housing gaming under a nonrestricted
license which may be open to public use (as distinct from that devoted to
the private use of guests and exclusive of any parking area) is limited
to the area existing or approved for public use on May 4, 1979. Within
these limits, any external modification of the structure which requires a
permit from a local government also requires approval from the agency.
The agency shall not permit restaurants, convention facilities, showrooms
or other public areas to be constructed elsewhere in the region outside
the structure in order to replace areas existing or approved for public
use on May 4, 1979.
(e) Any structure housing licensed gaming may be rebuilt or
replaced to a size not to exceed the cubic volume, height and land
coverage existing or approved on May 4, 1979, without the review or
approval of the agency or any planning or regulatory authority of the
State of Nevada whose review or approval would be required for a new
structure.
(f) The following provisions apply to any internal or external
modification, remodeling, change in use, or repair of a structure housing
gaming under a nonrestricted license which is not prohibited by Article
VI (d):
(1) The agency’s review of an external modification of the
structure which requires a permit from a local government is limited to
determining whether the external modification will do any of the
following:
(A) Enlarge the cubic volume of the structure;
(B) Increase the total square footage of area open to or approved
for public use on May 4, 1979;
(C) Convert an area devoted to the private use of guests to an area
open to public use;
(D) Increase the public area open to public use which is used for
gaming beyond the limits contained in paragraph (3); and
(E) Conflict with or be subject to the provisions of any of the
agency’s ordinances that are generally applicable throughout the region.
Ê The agency shall make this determination within 60 days after the
proposal is delivered to the agency in compliance with the agency’s rules
or regulations governing such delivery unless the applicant has agreed to
an extension of this time limit. If an external modification is
determined to have any of the effects enumerated in subparagraphs (A)
through (C), it is prohibited. If an external modification is determined
to have any of the effects enumerated in subparagraph (D) or (E), it is
subject to the applicable provisions of this compact. If an external
modification is determined to have no such effect, it is not subject to
the provisions of this compact.
(2) Except as provided in paragraph (3), internal modification,
remodeling, change in use or repair of a structure housing gaming under a
nonrestricted license is not a project and does not require the review or
approval of the agency.
(3) Internal modification, remodeling, change in use or repair of
areas open to public use within a structure housing gaming under a
nonrestricted license which alone or in combination with any other such
modification, remodeling, change in use or repair will increase the total
portion of those areas which is actually used for gaming by more than the
product of the total base area, as defined below, in square feet existing
on or approved before August 4, 1980, multiplied by 15 percent
constitutes a project and is subject to all of the provisions of this
compact relating to projects. For purposes of this paragraph and the
determination required by Article VI (g), base area means all of the area
within a structure housing gaming under a nonrestricted license which may
be open to public use, whether or not gaming is actually conducted or
carried on in that area, except retail stores, convention centers and
meeting rooms, administrative offices, kitchens, maintenance and storage
areas, rest rooms, engineering and mechanical rooms, accounting rooms and
counting rooms.
(g) In order to administer and enforce the provisions of paragraphs
(d), (e) and (f) the State of Nevada, through its appropriate planning or
regulatory agency, shall require the owner or licensee of a structure
housing gaming under a nonrestricted license to provide:
(1) Documents containing sufficient information for the Nevada
agency to establish the following relative to the structure:
(A) The location of its external walls;
(B) Its total cubic volume;
(C) Within its external walls, the area in square feet open or
approved for public use and the area in square feet devoted to or
approved for the private use of guests on May 4, 1979;
(D) The amount of surface area of land under the structure; and
(E) The base area as defined in paragraph (f)(3) in square feet
existing on or approved before August 4, 1980.
(2) An informational report whenever any internal modification,
remodeling, change in use, or repair will increase the total portion of
the areas open to public use which is used for gaming.
The Nevada agency shall transmit this information to the Tahoe
Regional Planning Agency.
(h) Gaming conducted pursuant to a restricted gaming license is
exempt from review by the agency if it is incidental to the primary use
of the premises.
(i) The provisions of subdivisions (d) and (e) are intended only to
limit gaming and related activities as conducted within a gaming
establishment, or construction designed to permit the enlargement of such
activities, and not to limit any other use of property zoned for
commercial use or the accommodation of tourists, as approved by the
agency.
(j) Legal actions arising out of or alleging a violation of the
provisions of this compact, of the regional plan or of an ordinance or
regulation of the agency or of a permit or a condition of a permit issued
by the agency are governed by the following provisions:
(1) This subdivision applies to:
(A) Actions arising out of activities directly undertaken by the
agency.
(B) Actions arising out of the issuance to a person of a lease,
permit, license or other entitlement for use by the agency.
(C) Actions arising out of any other act or failure to act by any
person or public agency.
Ê Such legal actions may be filed and the provisions of this subdivision
apply equally in the appropriate courts of California and Nevada and of
the United States.
(2) Venue lies:
(A) If a civil or criminal action challenges an activity by the
agency or any person which is undertaken or to be undertaken upon a
parcel of real property, in the state or federal judicial district where
the real property is situated.
(B) If an action challenges an activity which does not involve a
specific parcel of land (such as an action challenging an ordinance of
the agency), in any state or federal court having jurisdiction within the
region.
(3) Any aggrieved person may file an action in an appropriate court
of the State of California or Nevada or of the United States alleging
noncompliance with the provisions of this compact or with an ordinance or
regulation of the agency. In the case of governmental agencies,
“aggrieved person” means the Tahoe Regional Planning Agency or any state,
federal or local agency. In the case of any person other than a
governmental agency who challenges an action of the Tahoe Regional
Planning Agency, “aggrieved person” means any person who has appeared,
either in person, through an authorized representative, or in writing,
before the agency at an appropriate administrative hearing to register
objection to the action which is being challenged, or who had good cause
for not making such an appearance.
(4) A legal action arising out of the adoption or amendment of the
regional plan or of any ordinance or regulation of the agency, or out of
the granting or denial of any permit, shall be commenced within 60 days
after final action by the agency. All other legal actions shall be
commenced within 65 days after discovery of the cause of action.
(5) In any legal action filed pursuant to this subdivision which
challenges an adjudicatory act or decision of the agency to approve or
disapprove a project, the scope of judicial inquiry shall extend only to
whether there was prejudicial abuse of discretion. Prejudicial abuse of
discretion is established if the agency has not proceeded in a manner
required by law or if the act or decision of the agency was not supported
by substantial evidence in light of the whole record. In making such a
determination the court shall not exercise its independent judgment on
evidence but shall only determine whether the act or decision was
supported by substantial evidence in light of the whole record. In any
legal action filed pursuant to this subdivision which challenges a
legislative act or decision of the agency (such as the adoption of the
regional plan and the enactment of implementing ordinances), the scope of
the judicial inquiry shall extend only to the questions of whether the
act or decision has been arbitrary, capricious or lacking substantial
evidentiary support or whether the agency has failed to proceed in a
manner required by law.
(6) The provisions of this subdivision do not apply to any legal
proceeding pending on the date when this subdivision becomes effective.
Any such legal proceeding shall be conducted and concluded under the
provisions of law which were applicable prior to the effective date of
this subdivision.
(7) The security required for the issuance of a temporary
restraining order or preliminary injunction based upon an alleged
violation of this compact or any ordinance, plan, rule or regulation
adopted pursuant thereto is governed by the rule or statute applicable to
the court in which the action is brought, unless the action is brought by
a public agency or political subdivision to enforce its own rules,
regulations and ordinances in which case no security shall be required.
(k) The agency shall monitor activities in the region and may bring
enforcement actions in the region to ensure compliance with the regional
plan and adopted ordinances, rules, regulations and policies. If it is
found that the regional plan, or ordinances, rules, regulations and
policies are not being enforced by a local jurisdiction, the agency may
bring action in a court of competent jurisdiction to ensure compliance.
(l) Any person who violates any provision of this compact or of any
ordinance or regulation of the agency or of any condition of approval
imposed by the agency is subject to a civil penalty not to exceed $5,000.
Any such person is subject to an additional civil penalty not to exceed
$5,000 per day, for each day on which such a violation persists. In
imposing the penalties authorized by this subdivision, the court shall
consider the nature of the violation and shall impose a greater penalty
if it was willful or resulted from gross negligence than if it resulted
from inadvertence or simple negligence.
(m) The agency is hereby empowered to initiate, negotiate and
participate in contracts and agreements among the local governmental
authorities of the region, or any other intergovernmental contracts or
agreements authorized by state or federal law.
(n) Each intergovernmental contract or agreement shall provide for
its own funding and staffing, but this shall not preclude financial
contributions from the local authorities concerned or from supplementary
sources.
(o) Every record of the agency, whether public or not, shall be
open for examination to the Legislature and Controller of the State of
California and the legislative auditor of the State of Nevada.
(p) Approval by the agency of any project expires 3 years after the
date of final action by the agency or the effective date of the
amendments to this compact, whichever is later, unless construction is
begun within that time and diligently pursued thereafter, or the use or
activity has commenced. In computing the 3-year period any period of time
during which the project is the subject of a legal action which delays or
renders impossible the diligent pursuit of that project shall not be
counted. Any license, permit or certificate issued by the agency which
has an expiration date shall be extended by that period of time during
which the project is the subject of such legal action as provided in this
subdivision.
(q) The governing body shall maintain a current list of real
property known to be available for exchange with the United States or
with other owners of real property in order to facilitate exchanges of
real property by owners of real property in the region.
ARTICLE VII. Environmental Impact Statements
(a) The Tahoe Regional Planning Agency when acting upon matters
that have a significant effect on the environment shall:
(1) Utilize a systematic, interdisciplinary approach which will
insure the integrated use of the natural and social sciences and the
environmental design arts in planning and in decision making which may
have an impact on man’s environment;
(2) Prepare and consider a detailed environmental impact statement
before deciding to approve or carry out any project. The detailed
environmental impact statement shall include the following:
(A) The significant environmental impacts of the proposed project;
(B) Any significant adverse environmental effects which cannot be
avoided should the project be implemented;
(C) Alternatives to the proposed project;
(D) Mitigation measures which must be implemented to assure meeting
standards of the region;
(E) The relationship between local short-term uses of man’s
environment and the maintenance and enhancement of long-term productivity;
(F) Any significant irreversible and irretrievable commitments of
resources which would be involved in the proposed project should it be
implemented; and
(G) The growth-inducing impact of the proposed project;
(3) Study, develop and describe appropriate alternatives to
recommended courses of action for any project which involves unresolved
conflicts concerning alternative uses of available resources;
(4) Make available to states, counties, municipalities,
institutions and individuals, advice and information useful in restoring,
maintaining and enhancing the quality of the region’s environment; and
(5) Initiate and utilize ecological information in the planning and
development of resource-oriented projects.
(b) Prior to completing an environmental impact statement, the
agency shall consult with and obtain the comments of any federal, state
or local agency which has jurisdiction by law or special expertise with
respect to any environmental impact involved. Copies of such statement
and the comments and views of the appropriate federal, state and local
agencies which are authorized to develop and enforce environmental
standards shall be made available to the public and shall accompany the
project through the review processes. The public shall be consulted
during the environmental impact statement process and views shall be
solicited during a public comment period not to be less than 60 days.
(c) Any environmental impact statement required pursuant to this
article need not repeat in its entirety any information or data which is
relevant to such a statement and is a matter of public record or is
generally available to the public, such as information contained in an
environmental impact report prepared pursuant to the California
Environmental Quality Act or a federal environmental impact statement
prepared pursuant to the National Environmental Policy Act of 1969.
However, such information or data shall be briefly described in the
environmental impact statement and its relationship to the environmental
impact statement shall be indicated.
In addition, any person may submit information relative to a
proposed project which may be included, in whole or in part, in any
environmental impact statement required by this article.
(d) In addition to the written findings specified by agency
ordinance to implement the regional plan, the agency shall make either of
the following written findings before approving a project for which an
environmental impact statement was prepared:
(1) Changes or alterations have been required in or incorporated
into such project which avoid or reduce the significant adverse
environmental effects to a less than significant level; or
(2) Specific considerations, such as economic, social or technical,
make infeasible the mitigation measures or project alternatives discussed
in the environmental impact statement on the project.
Ê A separate written finding shall be made for each significant effect
identified in the environmental impact statement on the project. All
written findings must be supported by substantial evidence in the record.
(e) The agency may charge and collect a reasonable fee from any
person proposing a project subject to the provisions of this compact in
order to recover the estimated costs incurred by the agency in preparing
an environmental impact statement under this article.
(f) The agency shall adopt by ordinance a list of classes of
projects which the agency has determined will not have a significant
effect on the environment and therefore will be exempt from the
requirement for the preparation of an environmental impact statement
under this article. Prior to adopting the list, the agency shall make a
written finding supported by substantial evidence in the record that each
class of projects will not have a significant effect on the environment.
ARTICLE VIII. Finances
(a) On or before September 30 of each calendar year the agency
shall establish the amount of money necessary to support its activities
for the next succeeding fiscal year commencing July 1 of the following
year. The agency shall apportion $75,000 of this amount among the
counties within the region on the same ratio to the total sum required as
the full cash valuation of taxable property within the region in each
county bears to the total full cash valuation of taxable property within
the region. In addition, each county within the region in California
shall pay $18,750 to the agency and each county within the region in
Nevada, including Carson City, shall pay $12,500 to the agency, from any
funds available therefor. The State of California and the State of Nevada
may pay to the agency by July 1 of each year any additional sums
necessary to support the operations of the agency pursuant to this
compact. If additional funds are required, the agency shall make a
request for the funds to the states of California and Nevada. Requests
for state funds must be apportioned two-thirds from California and
one-third from Nevada. Money appropriated shall be paid within 30 days.
(b) The agency may fix and collect reasonable fees for any services
rendered by it.
(c) The agency shall submit an itemized budget to the states for
review with any request for state funds, shall be strictly accountable to
any county in the region and the states for all funds paid by them to the
agency and shall be strictly accountable to all participating bodies for
all receipts and disbursement.
(d) The agency is authorized to receive gifts, donations,
subventions, grants, and other financial aids and funds; but the agency
may not own land except as provided in subdivision (i) of Article III.
(e) The agency shall not obligate itself beyond the moneys due
under this article for its support from the several counties and the
states for the current fiscal year, plus any moneys on hand or
irrevocably pledged to its support from other sources. No obligation
contracted by the agency shall bind either of the party states or any
political subdivision thereof.
ARTICLE IX. Transportation District
(a) The Tahoe transportation district is hereby established as a
special purpose district. The boundaries of the district are coterminous
with those of the region.
(b) The business of the district shall be managed by a board of
directors consisting of:
(1) One member of the county board of supervisors of each of the
counties of El Dorado and Placer;
(2) One member of the city council of the City of South Lake Tahoe;
(3) One member each of the board of county commissioners of Douglas
County and of Washoe County;
(4) One member of the board of supervisors of Carson City;
(5) The director of the California Department of Transportation; and
(6) The director of the department of transportation of the State
of Nevada.
Ê Any director may designate an alternate.
(c) The vote of at least five of the directors must agree to take
action. If at least five votes in favor of an action are not cast, an
action of rejection shall be deemed to have been taken.
(d) The Tahoe transportation district may in accordance with the
adopted transportation plan:
(1) Own and operate a public transportation system to the exclusion
of all other publicly owned transportation systems in the region.
(2) Acquire upon mutually agreeable terms any public transportation
system or facility owned by a county, city or special purpose district
within the region.
(3) Hire the employees of existing public transportation systems
that are acquired by the district without loss of benefits to the
employees, bargain collectively with employee organizations, and extend
pension and other collateral benefits to employees.
(4) Fix the rates and charges for transit services provided
pursuant to this subdivision.
(5) Issue revenue bonds and other evidence of indebtedness.
(6) By resolution, determine and propose for adoption a tax for the
purpose of obtaining services of the district. The tax proposed must be
general and of uniform operation throughout the region, and may not be
graduated in any way. The district is prohibited from imposing an ad
valorem tax, a tax measured by gross or net receipts on business, a tax
or charge that is assessed against people or vehicles as they enter or
leave the region, and any tax, direct or indirect, on gaming tables and
devices. Any such proposition must be submitted to the voters of the
district and shall become effective upon approval of two-thirds of the
voters voting on the proposition. The revenues from any such tax must be
used for the service for which it was imposed, and for no other purpose.
(7) Provide service from inside the region to convenient airport,
railroad and interstate bus terminals without regard to the boundaries of
the region.
(e) The legislatures of the states of California and Nevada may, by
substantively identical enactments, amend this article.
ARTICLE X. Miscellaneous
(a) It is intended that the provisions of this compact shall be
reasonably and liberally construed to effectuate the purposes thereof.
Except as provided in subdivision (c), the provisions of this compact
shall be severable and if any phrase, clause, sentence or provision of
this compact is declared to be contrary to the constitution of any
participating state or of the United States or the applicability thereof
to any government, agency, person or circumstance is held invalid, the
validity of the remainder of this compact and the applicability thereof
to any government, agency, person or circumstance shall not be affected
thereby. If this compact shall be held contrary to the constitution of
any state participating therein, the compact shall remain in full force
and effect as to the remaining state and in full force and effect as to
the state affected as to all severable matters.
(b) The agency shall have such additional powers and duties as may
hereafter be delegated or imposed upon it from time to time by the action
of the Legislature of either state concurred in by the Legislature of the
other.
(c) A state party to this compact may withdraw therefrom by
enacting a statute repealing the compact. Notice of withdrawal shall be
communicated officially and in writing to the Governor of the other state
and to the agency administrators. This provision is not severable, and if
it is held to be unconstitutional or invalid, no other provision of this
compact shall be binding upon the State of Nevada or the State of
California.
(d) No provision of this compact shall have any effect upon the
allocation, distribution or storage of interstate waters or upon any
appropriative water right.
(Added to NRS by 1968, 4; A 1979, 1135; 1980, 1)
[Effective upon approval by the
Congress of the United States of the proposed amendments of 1987 and
expires by limitation upon proclamation by the Governor of this State
that the State of California has enacted amendments substantially similar
to the amendments approved in 1997 by the Legislature of this State.]
The Tahoe Regional Planning Compact is as follows:
Tahoe Regional Planning Compact
ARTICLE I. Findings and Declarations of Policy
(a) It is found and declared that:
(1) The waters of Lake Tahoe and other resources of the
region are threatened with deterioration or degeneration, which endangers
the natural beauty and economic productivity of the region.
(2) The public and private interests and investments in the
region are substantial.
(3) The region exhibits unique environmental and ecological
values which are irreplaceable.
(4) By virtue of the special conditions and circumstances of
the region’s natural ecology, developmental pattern, population
distribution and human needs, the region is experiencing problems of
resource use and deficiencies of environmental control.
(5) Increasing urbanization is threatening the ecological
values of the region and threatening the public opportunities for use of
the public lands.
(6) Maintenance of the social and economic health of the
region depends on maintaining the significant scenic, recreational,
educational, scientific, natural and public health values provided by the
Lake Tahoe Basin.
(7) There is a public interest in protecting, preserving and
enhancing these values for the residents of the region and for visitors
to the region.
(8) Responsibilities for providing recreational and
scientific opportunities, preserving scenic and natural areas, and
safeguarding the public who live, work and play in or visit the region
are divided among local governments, regional agencies, the states of
California and Nevada, and the Federal Government.
(9) In recognition of the public investment and multistate
and national significance of the recreational values, the Federal
Government has an interest in the acquisition of recreational property
and the management of resources in the region to preserve environmental
and recreational values, and the Federal Government should assist the
states in fulfilling their responsibilities.
(10) In order to preserve the scenic beauty and outdoor
recreational opportunities of the region, there is a need to insure an
equilibrium between the region’s natural endowment and its man-made
environment.
(b) In order to enhance the efficiency and governmental
effectiveness of the region, it is imperative that there be established a
Tahoe Regional Planning Agency with the powers conferred by this compact
including the power to establish environmental threshold carrying
capacities and to adopt and enforce a regional plan and implementing
ordinances which will achieve and maintain such capacities while
providing opportunities for orderly growth and development consistent
with such capacities.
(c) The Tahoe Regional Planning Agency shall interpret and
administer its plans, ordinances, rules and regulations in accordance
with the provisions of this compact.
ARTICLE II. Definitions
As used in this compact:
(a) “Region,” includes Lake Tahoe, the adjacent parts of Douglas
and Washoe counties and Carson City, which for the purposes of this
compact shall be deemed a county, lying within the Tahoe Basin in the
State of Nevada, and the adjacent parts of the Counties of Placer and El
Dorado lying within the Tahoe Basin in the State of California, and that
additional and adjacent part of the County of Placer outside of the Tahoe
Basin in the State of California which lies southward and eastward of a
line starting at the intersection of the basin crestline and the north
boundary of Section 1, thence west to the northwest corner of Section 3,
thence south to the intersection of the basin crestline and the west
boundary of Section 10; all sections referring to Township 15 North,
Range 16 East, M.D.B. & M. The region defined and described herein shall
be as precisely delineated on official maps of the agency.
(b) “Agency” means the Tahoe Regional Planning Agency.
(c) “Governing body” means the governing board of the Tahoe
Regional Planning Agency.
(d) “Regional plan” means the long-term general plan for the
development of the region.
(e) “Planning commission” means the advisory planning commission
appointed pursuant to subdivision (h) of Article III.
(f) “Gaming” means to deal, operate, carry on, conduct, maintain or
expose for play any banking or percentage game played with cards, dice or
any mechanical device or machine for money, property, checks, credit or
any representative of value, including, without limiting the generality
of the foregoing, faro, monte, roulette, keno, bingo, fan-tan,
twenty-one, blackjack, seven-and-a-half, big injun, klondike, craps, stud
poker, draw poker or slot machine, but does not include social games
played solely for drinks, or cigars or cigarettes served individually,
games played in private homes or residences for prizes or games operated
by charitable or educational organizations, to the extent excluded by
applicable state law.
(g) “Restricted gaming license” means a license to operate not more
than 15 slot machines on which a quarterly fee is charged pursuant to NRS
463.373 and no other games.
(h) “Project” means an activity undertaken by any person, including
any public agency, if the activity may substantially affect the land,
water, air, space or any other natural resources of the region.
(i) “Environmental threshold carrying capacity” means an
environmental standard necessary to maintain a significant scenic,
recreational, educational, scientific or natural value of the region or
to maintain public health and safety within the region. Such standards
shall include but not be limited to standards for air quality, water
quality, soil conservation, vegetation preservation and noise.
(j) “Feasible” means capable of being accomplished in a successful
manner within a reasonable period of time, taking into account economic,
environmental, social and technological factors.
(k) “Areas open to public use” means all of the areas within a
structure housing gaming under a nonrestricted license except areas
devoted to the private use of guests.
(l) “Areas devoted to private use of guests” means hotel rooms and
hallways to serve hotel room areas, and any parking areas. A hallway
serves hotel room areas if more than 50 percent of the areas on each side
of the hallway are hotel rooms.
(m) “Nonrestricted license” means a gaming license which is not a
restricted gaming license.
ARTICLE III. Organization
(a) There is created the Tahoe Regional Planning Agency as a
separate legal entity.
The governing body of the agency shall be constituted as follows:
(1) California delegation:
(A) One member appointed by each of the County Boards of
Supervisors of the Counties of El Dorado and Placer and one member
appointed by the City Council of the City of South Lake Tahoe. Any such
member may be a member of the county board of supervisors or city
council, respectively, and shall reside in the territorial jurisdiction
of the governmental body making the appointment.
(B) Two members appointed by the Governor of California, one member
appointed by the Speaker of the Assembly of California and one member
appointed by the Senate Rules Committee of the State of California. The
members appointed pursuant to this subparagraph shall not be residents of
the region and shall represent the public at large within the State of
California. A member appointed by the Speaker of the Assembly or the
Senate Rules Committee may, subject to confirmation by his or her
appointing power, designate an alternate to attend meetings and vote in
the absence of the appointed member. The designation of a named
alternate, which shall be in writing and contain evidence of confirmation
by the appointing power, shall be kept on file with the agency. An
appointed member may change his or her alternate from time to time, with
the confirmation of the appointing power, but shall have only one
designated alternate at a time. An alternate shall be subject to those
qualifications and requirements prescribed by this compact that are
applicable to the appointed member.
(2) Nevada delegation:
(A) One member appointed by each of the boards of county
commissioners of Douglas and Washoe counties and one member appointed by
the board of supervisors of Carson City. Any such member may be a member
of the board of county commissioners or board of supervisors,
respectively, and shall reside in the territorial jurisdiction of the
governmental body making the appointment.
(B) Two members appointed by the governor of Nevada, one member
appointed by the speaker of the assembly and one member appointed by the
majority leader of the Nevada senate. All members appointed pursuant to
this subparagraph shall not be residents of the region and shall
represent the public at large within the State of Nevada. A member
appointed by the speaker of the Nevada assembly or the majority leader of
the Nevada senate may, subject to confirmation by his or her appointing
power, designate an alternate to attend meetings and vote in the absence
of the appointed member. The designation of a named alternate, which
shall be in writing and contain evidence of confirmation by the
appointing power, shall be kept on file with the agency. An appointed
member may change his or her alternate from time to time, with the
confirmation of the appointing power, but shall have only one designated
alternate at a time. An alternate shall be subject to those
qualifications and requirements prescribed by this compact that are
applicable to the appointed member.
(3) If any appointing authority under paragraph (1)(A), (1)(B),
(2)(A) or (2)(B) fails to make such an appointment within 60 days after
the effective date of the amendments to this compact or the occurrence of
a vacancy on the governing body, the governor of the state in which the
appointing authority is located shall make the appointment. The term of
any member so appointed shall be 1 year.
(4) The position of any member of the governing body shall be
deemed vacant if such a member is absent from three consecutive meetings
of the governing body in any calendar year.
(5) Each member and employee of the agency shall disclose his
economic interests in the region within 10 days after taking his seat on
the governing board or being employed by the agency and shall thereafter
disclose any further economic interest which he acquires, as soon as
feasible after he acquires it. As used in this paragraph, “economic
interests” means:
(A) Any business entity operating in the region in which the member
or employee has a direct or indirect investment worth more than $1,000;
(B) Any real property located in the region in which the member or
employee has a direct or indirect interest worth more than $1,000;
(C) Any source of income attributable to activities in the region,
other than loans by or deposits with a commercial lending institution in
the regular course of business, aggregating $250 or more in value
received by or promised to the member within the preceding 12 months; or
(D) Any business entity operating in the region in which the member
or employee is a director, officer, partner, trustee, employee or holds
any position of management.
Ê No member or employee of the agency shall make, or attempt to
influence, an agency decision in which he knows or has reason to know he
has an economic interest. Members and employees of the agency must
disqualify themselves from making or participating in the making of any
decision of the agency when it is reasonably foreseeable that the
decision will have a material financial effect, distinguishable from its
effect on the public generally, on the economic interests of the member
or employee.
(b) The members of the agency shall serve without compensation, but
the expenses of each member shall be met by the body which he represents
in accordance with the law of that body. All other expenses incurred by
the governing body in the course of exercising the powers conferred upon
it by this compact unless met in some other manner specifically provided,
shall be paid by the agency out of its own funds.
(c) The members of the governing body serve at the pleasure of the
appointing authority in each case, but each appointment shall be reviewed
no less often than every 4 years. Members may be reappointed.
(d) The governing body of the agency shall meet at least monthly.
All meetings shall be open to the public to the extent required by the
law of the State of California or the State of Nevada, whichever imposes
the greater requirement, applicable to local governments at the time such
meeting is held. The governing body shall fix a date for its regular
monthly meeting in such terms as “the first Monday of each month,” and
shall not change such date more often than once in any calendar year.
Notice of the date so fixed shall be given by publication at least once
in a newspaper or combination of newspapers whose circulation is general
throughout the region and in each county a portion of whose territory
lies within the region. Notice of any special meeting, except an
emergency meeting, shall be given by so publishing the date and place and
posting an agenda at least 5 days prior to the meeting.
(e) The position of a member of the governing body shall be
considered vacated upon his loss of any of the qualifications required
for his appointment and in such event the appointing authority shall
appoint a successor.
(f) The governing body shall elect from its own members a chairman
and vice chairman, whose terms of office shall be 2 years, and who may be
reelected. If a vacancy occurs in either office, the governing body may
fill such vacancy for the unexpired term.
(g) Four of the members of the governing body from each state
constitute a quorum for the transaction of the business of the agency.
The voting procedures shall be as follows:
(1) For adopting, amending or repealing environmental threshold
carrying capacities, the regional plan, and ordinances, rules and
regulations, and for granting variances from the ordinances, rules and
regulations, the vote of at least four of the members of each state
agreeing with the vote of at least four members of the other state shall
be required to take action. If there is no vote of at least four of the
members from one state agreeing with the vote of at least four of the
members of the other state on the actions specified in this paragraph, an
action of rejection shall be deemed to have been taken.
(2) For approving a project, the affirmative vote of at least five
members from the state in which the project is located and the
affirmative vote of at least nine members of the governing body are
required. If at least five members of the governing body from the state
in which the project is located and at least nine members of the entire
governing body do not vote in favor of the project, upon a motion for
approval, an action of rejection shall be deemed to have been taken. A
decision by the agency to approve a project shall be supported by a
statement of findings, adopted by the agency, which indicates that the
project complies with the regional plan and with applicable ordinances,
rules and regulations of the agency.
(3) For routine business and for directing the agency’s staff on
litigation and enforcement actions, at least eight members of the
governing body must agree to take action. If at least eight votes in
favor of such action are not cast, an action of rejection shall be deemed
to have been taken.
Ê Whenever under the provisions of this compact or any ordinance, rule,
regulation or policy adopted pursuant thereto, the agency is required to
review or approve any project, public or private, the agency shall take
final action by vote, whether to approve, to require modification or to
reject such project, within 180 days after the application for such
project is accepted as complete by the agency in compliance with the
agency’s rules and regulations governing such delivery unless the
applicant has agreed to an extension of this time limit. If a final
action by vote does not take place within 180 days, the applicant may
bring an action in a court of competent jurisdiction to compel a vote
unless he has agreed to an extension. This provision does not limit the
right of any person to obtain judicial review of agency action under
subdivision (h) of Article VI. The vote of each member of the governing
body shall be individually recorded. The governing body shall adopt its
own rules, regulations and procedures.
(h) An advisory planning commission shall be appointed by the
agency. The commission shall include: the chief planning officers of
Placer County, El Dorado County, and the City of South Lake Tahoe in
California and of Douglas County, Washoe County and Carson City in
Nevada, the executive officer of the Lahontan Regional Water Quality
Control Board of the State of California, the executive officer of the
Air Resources Board of the State of California, the director of the state
department of conservation and natural resources of the State of Nevada,
the administrator of the division of environmental protection in the
state department of conservation and natural resources of the State of
Nevada, the administrator of the Lake Tahoe Management Unit of the United
States Forest Service, and at least four lay members with an equal number
from each state, at least half of whom shall be residents of the region.
Any official member may designate an alternate.
The term of office of each lay member of the advisory planning
commission shall be 2 years. Members may be reappointed.
The position of each member of the advisory planning commission
shall be considered vacated upon loss of any of the qualifications
required for appointment, and in such an event the appointing authority
shall appoint a successor.
The advisory planning commission shall elect from its own members a
chairman and a vice chairman, whose terms of office shall be 2 years and
who may be reelected. If a vacancy occurs in either office, the advisory
planning commission shall fill such vacancy for the unexpired term.
A majority of the members of the advisory planning commission
constitutes a quorum for the transaction of the business of the
commission. A majority vote of the quorum present shall be required to
take action with respect to any matter.
(i) The agency shall establish and maintain an office within the
region, and for this purpose the agency may rent or own property and
equipment. Every plan, ordinance and other record of the agency which is
of such nature as to constitute a public record under the law of either
the State of California or the State of Nevada shall be open to
inspection and copying during regular office hours.
(j) Each authority charged under this compact or by the law of
either state with the duty of appointing a member of the governing body
of the agency shall by certified copy of its resolution or other action
notify the Secretary of State of its own state of the action taken.
ARTICLE IV. Personnel
(a) The governing body shall determine the qualification of, and it
shall appoint and fix the salary of, the executive officer of the agency,
and shall employ such other staff and legal counsel as may be necessary
to execute the powers and functions provided for under this compact or in
accordance with any intergovernmental contracts or agreements the agency
may be responsible for administering.
(b) Agency personnel standards and regulations shall conform
insofar as possible to the regulations and procedures of the civil
service of the State of California or the State of Nevada, as may be
determined by the governing body of the agency; and shall be regional and
bistate in application and effect; provided that the governing body may,
for administrative convenience and at its discretion, assign the
administration of designated personnel arrangements to an agency of
either state, and provided that administratively convenient adjustments
be made in the standards and regulations governing personnel assigned
under intergovernmental agreements.
(c) The agency may establish and maintain or participate in such
additional programs of employee benefits as may be appropriate to afford
employees of the agency terms and conditions of employment similar to
those enjoyed by employees of California and Nevada generally.
ARTICLE V. Planning
(a) In preparing each of the plans required by this article and
each amendment thereto, if any, subsequent to its adoption, the planning
commission after due notice shall hold at least one public hearing which
may be continued from time to time, and shall review the testimony and
any written recommendations presented at such hearing before recommending
the plan or amendment. The notice required by this subdivision shall be
given at least 20 days prior to the public hearing by publication at
least once in a newspaper or combination of newspapers whose circulation
is general throughout the region and in each county a portion of whose
territory lies within the region.
The planning commission shall then recommend such plan or amendment
to the governing body for adoption by ordinance. The governing body may
adopt, modify or reject the proposed plan or amendment, or may initiate
and adopt a plan or amendment without referring it to the planning
commission. If the governing body initiates or substantially modifies a
plan or amendment, it shall hold at least one public hearing thereon
after due notice as required in this subdivision.
If a request is made for the amendment of the regional plan by:
(1) A political subdivision a part of whose territory would be
affected by such amendment; or
(2) The owner or lessee of real property which would be affected by
such amendment,
Ê the governing body shall complete its action on such amendment within
180 days after such request is accepted as complete according to
standards which must be prescribed by ordinance of the agency.
(b) The agency shall develop, in cooperation with the states of
California and Nevada, environmental threshold carrying capacities for
the region. The agency should request the President’s Council on
Environmental Quality, the United States Forest Service and other
appropriate agencies to assist in developing such environmental threshold
carrying capacities. Within 18 months after the effective date of the
amendments to this compact, the agency shall adopt environmental
threshold carrying capacities for the region.
(c) Within 1 year after the adoption of the environmental threshold
carrying capacities for the region, the agency shall amend the regional
plan so that, at a minimum, the plan and all of its elements, as
implemented through agency ordinances, rules and regulations, achieves
and maintains the adopted environmental threshold carrying capacities.
Each element of the plan shall contain implementation provisions and time
schedules for such implementation by ordinance. The planning commission
and governing body shall continuously review and maintain the regional
plan. The regional plan shall consist of a diagram, or diagrams, and
text, or texts setting forth the projects and proposals for
implementation of the regional plan, a description of the needs and goals
of the region and a statement of the policies, standards and elements of
the regional plan.
The regional plan shall be a single enforceable plan and includes
all of the following correlated elements:
(1) A land-use plan for the integrated arrangement and general
location and extent of, and the criteria and standards for, the uses of
land, water, air, space and other natural resources within the region,
including but not limited to, an indication or allocation of maximum
population densities and permitted uses.
(2) A transportation plan for the integrated development of a
regional system of transportation, including but not limited to parkways,
highways, transportation facilities, transit routes, waterways,
navigation facilities, public transportation facilities, bicycle
facilities, and appurtenant terminals and facilities for the movement of
people and goods within the region. The goal of transportation planning
shall be:
(A) To reduce dependency on the automobile by making more effective
use of existing transportation modes and of public transit to move people
and goods within the region; and
(B) To reduce to the extent feasible air pollution which is caused
by motor vehicles.
Ê Where increases in capacity are required, the agency shall give
preference to providing such capacity through public transportation and
public programs and projects related to transportation. The agency shall
review and consider all existing transportation plans in preparing its
regional transportation plan pursuant to this paragraph.
The plan shall provide for an appropriate transit system for the
region.
The plan shall give consideration to:
(A) Completion of the Loop Road in the states of Nevada and
California;
(B) Utilization of a light rail mass transit system in the South
Shore area; and
(C) Utilization of a transit terminal in the Kingsbury Grade area.
Ê Until the regional plan is revised, or a new transportation plan is
adopted in accordance with this paragraph, the agency has no effective
transportation plan.
(3) A conservation plan for the preservation, development,
utilization, and management of the scenic and other natural resources
within the basin, including but not limited to, soils, shoreline and
submerged lands, scenic corridors along transportation routes, open
spaces, recreational and historical facilities.
(4) A recreation plan for the development, utilization, and
management of the recreational resources of the region, including but not
limited to, wilderness and forested lands, parks and parkways, riding and
hiking trails, beaches and playgrounds, marinas, areas for skiing and
other recreational facilities.
(5) A public services and facilities plan for the general location,
scale and provision of public services and facilities, which, by the
nature of their function, size, extent and other characteristics are
necessary or appropriate for inclusion in the regional plan.
In formulating and maintaining the regional plan, the planning
commission and governing body shall take account of and shall seek to
harmonize the needs of the region as a whole, the plans of the counties
and cities within the region, the plans and planning activities of the
state, federal and other public agencies and nongovernmental agencies and
organizations which affect or are concerned with planning and development
within the region.
(d) The regional plan shall provide for attaining and maintaining
federal, state, or local air and water quality standards, whichever are
strictest, in the respective portions of the region for which the
standards are applicable.
The agency may, however, adopt air or water quality standards or
control measures more stringent than the applicable state implementation
plan or the applicable federal, state, or local standards for the region,
if it finds that such additional standards or control measures are
necessary to achieve the purposes of this compact. Each element of the
regional plan, where applicable, shall, by ordinance, identify the means
and time schedule by which air and water quality standards will be
attained.
(e) Except for the Regional Transportation Plan of the California
Tahoe Regional Planning Agency, the regional plan, ordinances, rules and
regulations adopted by the California Tahoe Regional Planning Agency in
effect on July 1, 1980, shall be the regional plan, ordinances, rules and
regulations of the Tahoe Regional Planning Agency for that portion of the
Tahoe region located in the State of California. Such plan, ordinance,
rule or regulation may be amended or repealed by the governing body of
the agency. The plans, ordinances, rules and regulations of the Tahoe
Regional Planning Agency that do not conflict with, or are not addressed
by, the California Tahoe Regional Planning Agency’s plans, ordinances,
rules and regulations referred to in this subdivision shall continue to
be applicable unless amended or repealed by the governing body of the
agency. No provision of the regional plan, ordinances, rules and
regulations of the California Tahoe Regional Planning Agency referred to
in this subdivision shall apply to that portion of the region within the
State of Nevada, unless such provision is adopted for the Nevada portion
of the region by the governing body of the agency.
(f) The regional plan, ordinances, rules and regulations of the
Tahoe Regional Planning Agency apply to that portion of the region within
the State of Nevada.
(g) The agency shall adopt ordinances prescribing specific written
findings that the agency must make prior to approving any project in the
region. These findings shall relate to environmental protection and shall
insure that the project under review will not adversely affect
implementation of the regional plan and will not cause the adopted
environmental threshold carrying capacities of the region to be exceeded.
(h) The agency shall maintain the data, maps and other information
developed in the course of formulating and administering the regional
plan, in a form suitable to assure a consistent view of developmental
trends and other relevant information for the availability of and use by
other agencies of government and by private organizations and individuals
concerned.
(i) Where necessary for the realization of the regional plan, the
agency may engage in collaborative planning with local governmental
jurisdictions located outside the region, but contiguous to its
boundaries. In formulating and implementing the regional plan, the agency
shall seek the cooperation and consider the recommendations of counties
and cities and other agencies of local government, of state and federal
agencies, of educational institutions and research organizations, whether
public or private, and of civic groups and private persons.
ARTICLE VI. Agency’s Powers
(a) The governing body shall adopt all necessary ordinances, rules,
and regulations to effectuate the adopted regional plan. Except as
otherwise provided in this compact, every such ordinance, rule or
regulation shall establish a minimum standard applicable throughout the
region. Any political subdivision or public agency may adopt and enforce
an equal or higher requirement applicable to the same subject of
regulation in its territory. The regulations of the agency shall contain
standards including but not limited to the following: water purity and
clarity; subdivision; zoning; tree removal; solid waste disposal; sewage
disposal; land fills, excavations, cuts and grading; piers, harbors,
breakwaters or channels and other shoreline developments; waste disposal
in shoreline areas; waste disposal from boats; mobile-home parks; house
relocation; outdoor advertising; floodplain protection; soil and
sedimentation control; air pollution; and watershed protection. Whenever
possible without diminishing the effectiveness of the regional plan, the
ordinances, rules, regulations and policies shall be confined to matters
which are general and regional in application, leaving to the
jurisdiction of the respective states, counties and cities the enactment
of specific and local ordinances, rules, regulations and policies which
conform to the regional plan.
The agency shall prescribe by ordinance those activities which it
has determined will not have substantial effect on the land, water, air,
space or any other natural resources in the region and therefore will be
exempt from its review and approval.
Every ordinance adopted by the agency shall be published at least
once by title in a newspaper or combination of newspapers whose
circulation is general throughout the region. Except an ordinance
adopting or amending the regional plan, no ordinance shall become
effective until 60 days after its adoption. Immediately after its
adoption, a copy of each ordinance shall be transmitted to the governing
body of each political subdivision having territory within the region.
(b) No project other than those to be reviewed and approved under
the special provisions of subdivisions (d), (e), (f) and (g) may be
developed in the region without obtaining the review and approval of the
agency and no project may be approved unless it is found to comply with
the regional plan and with the ordinances, rules and regulations enacted
pursuant to subdivision (a) to effectuate that plan.
The agency may approve a project in the region only after making
the written findings required by this subdivision or subdivision (g) of
Article V. Such findings shall be based on substantial evidence in the
record.
Before adoption by the agency of the ordinances required in
subdivision (g) of Article V, the agency may approve a project in the
region only after making written findings on the basis of substantial
evidence in the record that the project is consistent with the regional
plan then in effect and with applicable plans, ordinances, regulations,
and standards of federal and state agencies relating to the protection,
maintenance and enhancement of environmental quality in the region.
(c) The legislatures of the states of California and Nevada find
that in order to make effective the regional plan as revised by the
agency, it is necessary to halt temporarily works of development in the
region which might otherwise absorb the entire capability of the region
for further development or direct it out of harmony with the ultimate
plan. Subject to the limitation provided in this subdivision, from the
effective date of the amendments to this compact until the regional plan
is amended pursuant to subdivision (c) of Article V, or until May 1,
1983, whichever is earlier:
(1) Except as otherwise provided in this paragraph, no new
subdivision, planned unit development, or condominium project may be
approved unless a complete tentative map or plan has been approved before
the effective date of the amendments to this compact by all agencies
having jurisdiction. The subdivision of land owned by a general
improvement district, which existed and owned the land before the
effective date of the amendments to this compact, may be approved if
subdivision of the land is necessary to avoid insolvency of the district.
(2) Except as provided in paragraph (3), no apartment building may
be erected unless the required permits for such building have been
secured from all agencies having jurisdiction, prior to the effective
date of the amendments to this compact.
(3) During each of the calendar years 1980, 1981 and 1982, no city
or county may issue building permits which authorize the construction of
a greater number of new residential units within the region than were
authorized within the region by building permits issued by that city or
county during the calendar year 1978. For the period of January through
April, 1983, building permits authorizing the construction of no more
than one-third of that number may be issued by each such city or county.
For purposes of this paragraph a “residential unit” means either a single
family residence or an individual residential unit within a larger
building, such as an apartment building, a duplex or a condominium.
The legislatures find the respective numbers of residential units
authorized within the region during the calendar year 1978 to be as
follows:
1. City of South Lake Tahoe and El Dorado County
(combined)..................... 252
2. Placer
County.....................................................................
.................................. 278
3. Carson
City.......................................................................
.................................... -0-
4. Douglas
County.....................................................................
............................. 339
5. Washoe
County.....................................................................
............................. 739
(4) During each of the calendar years 1980, 1981 and 1982, no city
or county may issue building permits which authorize construction of a
greater square footage of new commercial buildings within the region than
were authorized within the region by building permits for commercial
purposes issued by that city or county during the calendar year 1978. For
the period of January through April, 1983, building permits authorizing
the construction of no more than one-third the amount of that square
footage may be issued by each such city or county.
The legislatures find the respective square footages of commercial
buildings authorized within the region during calendar year 1978 to be as
follows:
1. City of South Lake Tahoe and El Dorado County
(combined)................... 64,324
2. Placer
County.....................................................................
................................ 23,000
3. Carson
City.......................................................................
.................................. -0-
4. Douglas
County.....................................................................
........................... 57,354
5. Washoe
County.....................................................................
........................... 50,600
(5) No structure may be erected to house gaming under a
nonrestricted license.
(6) No facility for the treatment of sewage may be constructed or
enlarged except:
(A) To comply, as ordered by the appropriate state agency for the
control of water pollution, with existing limitations of effluent under
the Clean Water Act, 33 U.S.C. §§ 1251 et seq., and the applicable state
law for control of water pollution;
(B) To accommodate development which is not prohibited or limited
by this subdivision; or
(C) In the case of Douglas County Sewer District # 1, to modify or
otherwise alter sewage treatment facilities existing on the effective
date of the amendments to this compact so that such facilities will be
able to treat the total volume of effluent for which they were originally
designed, which is 3.0 million gallons per day. Such modification or
alteration is not a “project”; is not subject to the requirements of
Article VII; and does not require a permit from the agency. Before
commencing such modification or alteration, however, the district shall
submit to the agency its report identifying any significant soil erosion
problems which may be caused by such modifications or alterations and the
measures which the district proposes to take to mitigate or avoid such
problems.
The moratorium imposed by this subdivision does not apply to work
done pursuant to a right vested before the effective date of the
amendments to this compact. Notwithstanding the expiration date of the
moratorium imposed by this subdivision, no new highway may be built or
existing highway widened to accommodate additional continuous lanes for
automobiles until the regional transportation plan is revised and adopted.
The moratorium imposed by this subdivision does not apply to the
construction of any parking garage which has been approved by the agency
prior to May 4, 1979, whether that approval was affirmative or by
default. The provisions of this paragraph are not an expression of
legislative intent that any such parking garage, the approval of which is
the subject of litigation which was pending on the effective date of the
amendments to this compact, should or should not be constructed. The
provisions of this paragraph are intended solely to permit construction
of such a parking garage if a judgment sustaining the agency’s approval
to construct that parking garage has become final and no appeal is
pending or may lawfully be taken to a higher court.
(d) Subject to the final order of any court of competent
jurisdiction entered in litigation contesting the validity of an approval
by the Tahoe Regional Planning Agency, whether that approval was
affirmative or by default, if that litigation was pending on May 4, 1979,
the agency and the states of California and Nevada shall recognize as a
permitted and conforming use:
(1) Every structure housing gaming under a nonrestricted license
which existed as a licensed gaming establishment on May 4, 1979, or whose
construction was approved by the Tahoe Regional Planning Agency
affirmatively or deemed approved before that date. The construction or
use of any structure to house gaming under a nonrestricted license not so
existing or approved, or the enlargement in cubic volume of any such
existing or approved structure is prohibited.
(2) Every other nonrestricted gaming establishment whose use was
seasonal and whose license was issued before May 4, 1979, for the same
season and for the number and type of games and slot machines on which
taxes or fees were paid in the calendar year 1978.
(3) Gaming conducted pursuant to a restricted gaming license issued
before May 4, 1979, to the extent permitted by that license on that date.
Ê The area within any structure housing gaming under a nonrestricted
license which may be open to public use (as distinct from that devoted to
the private use of guests and exclusive of any parking area) is limited
to the area existing or approved for public use on May 4, 1979. Within
these limits, any external modification of the structure which requires a
permit from a local government also requires approval from the agency.
The agency shall not permit restaurants, convention facilities, showrooms
or other public areas to be constructed elsewhere in the region outside
the structure in order to replace areas existing or approved for public
use on May 4, 1979.
(e) Any structure housing licensed gaming may be rebuilt or
replaced to a size not to exceed the cubic volume, height and land
coverage existing or approved on May 4, 1979, without the review or
approval of the agency or any planning or regulatory authority of the
State of Nevada whose review or approval would be required for a new
structure.
(f) The following provisions apply to any internal or external
modification, remodeling, change in use, or repair of a structure housing
gaming under a nonrestricted license which is not prohibited by
subdivision (d):
(1) The agency’s review of an external modification of the
structure which requires a permit from a local government is limited to
determining whether the external modification will do any of the
following:
(A) Enlarge the cubic volume of the structure;
(B) Increase the total square footage of area open to or approved
for public use on May 4, 1979;
(C) Convert an area devoted to the private use of guests to an area
open to public use;
(D) Increase the public area open to public use which is used for
gaming beyond the limits contained in paragraph (3); and
(E) Conflict with or be subject to the provisions of any of the
agency’s ordinances that are generally applicable throughout the region.
Ê The agency shall make this determination within 60 days after the
proposal is delivered to the agency in compliance with the agency’s rules
or regulations governing such delivery unless the applicant has agreed to
an extension of this time limit. If an external modification is
determined to have any of the effects enumerated in subparagraphs (A)
through (C), it is prohibited. If an external modification is determined
to have any of the effects enumerated in subparagraph (D) or (E), it is
subject to the applicable provisions of this compact. If an external
modification is determined to have no such effect, it is not subject to
the provisions of this compact.
(2) Except as provided in paragraph (3), internal modification,
remodeling, change in use or repair of a structure housing gaming under a
nonrestricted license is not a project and does not require the review or
approval of the agency.
(3) Internal modification, remodeling, change in use or repair of
areas open to public use within a structure housing gaming under a
nonrestricted license which alone or in combination with any other such
modification, remodeling, change in use or repair will increase the total
portion of those areas which is actually used for gaming by more than the
product of the total base area, as defined below, in square feet existing
on or approved before August 4, 1980, multiplied by 15 percent
constitutes a project and is subject to all of the provisions of this
compact relating to projects. For purposes of this paragraph and the
determination required by subdivision (g), base area means all of the
area within a structure housing gaming under a nonrestricted license
which may be open to public use, whether or not gaming is actually
conducted or carried on in that area, except retail stores, convention
centers and meeting rooms, administrative offices, kitchens, maintenance
and storage areas, rest rooms, engineering and mechanical rooms,
accounting rooms and counting rooms.
(g) In order to administer and enforce the provisions of
subdivisions (d), (e) and (f) the State of Nevada, through its
appropriate planning or regulatory agency, shall require the owner or
licensee of a structure housing gaming under a nonrestricted license to
provide:
(1) Documents containing sufficient information for the Nevada
agency to establish the following relative to the structure:
(A) The location of its external walls;
(B) Its total cubic volume;
(C) Within its external walls, the area in square feet open or
approved for public use and the area in square feet devoted to or
approved for the private use of guests on May 4, 1979;
(D) The amount of surface area of land under the structure; and
(E) The base area as defined in paragraph (3) of subdivision (f) in
square feet existing on or approved before August 4, 1980.
(2) An informational report whenever any internal modification,
remodeling, change in use, or repair will increase the total portion of
the areas open to public use which is used for gaming.
The Nevada agency shall transmit this information to the Tahoe
Regional Planning Agency.
(h) Gaming conducted pursuant to a restricted gaming license is
exempt from review by the agency if it is incidental to the primary use
of the premises.
(i) The provisions of subdivisions (d) and (e) are intended only to
limit gaming and related activities as conducted within a gaming
establishment, or construction designed to permit the enlargement of such
activities, and not to limit any other use of property zoned for
commercial use or the accommodation of tourists, as approved by the
agency.
(j) Legal actions arising out of or alleging a violation of the
provisions of this compact, of the regional plan or of an ordinance or
regulation of the agency or of a permit or a condition of a permit issued
by the agency are governed by the following provisions:
(1) This subdivision applies to:
(A) Actions arising out of activities directly undertaken by the
agency.
(B) Actions arising out of the issuance to a person of a lease,
permit, license or other entitlement for use by the agency.
(C) Actions arising out of any other act or failure to act by any
person or public agency.
Ê Such legal actions may be filed and the provisions of this subdivision
apply equally in the appropriate courts of California and Nevada and of
the United States.
(2) Venue lies:
(A) If a civil or criminal action challenges an activity by the
agency or any person which is undertaken or to be undertaken upon a
parcel of real property, in the state or federal judicial district where
the real property is situated.
(B) If an action challenges an activity which does not involve a
specific parcel of land (such as an action challenging an ordinance of
the agency), in any state or federal court having jurisdiction within the
region.
(3) Any aggrieved person may file an action in an appropriate court
of the State of California or Nevada or of the United States alleging
noncompliance with the provisions of this compact or with an ordinance or
regulation of the agency. In the case of governmental agencies,
“aggrieved person” means the Tahoe Regional Planning Agency or any state,
federal or local agency. In the case of any person other than a
governmental agency who challenges an action of the Tahoe Regional
Planning Agency, “aggrieved person” means any person who has appeared,
either in person, through an authorized representative, or in writing,
before the agency at an appropriate administrative hearing to register
objection to the action which is being challenged, or who had good cause
for not making such an appearance.
(4) A legal action arising out of the adoption or amendment of the
regional plan or of any ordinance or regulation of the agency, or out of
the granting or denial of any permit, shall be commenced within 60 days
after final action by the agency. All other legal actions shall be
commenced within 65 days after discovery of the cause of action.
(5) In any legal action filed pursuant to this subdivision which
challenges an adjudicatory act or decision of the agency to approve or
disapprove a project, the scope of judicial inquiry shall extend only to
whether there was prejudicial abuse of discretion. Prejudicial abuse of
discretion is established if the agency has not proceeded in a manner
required by law or if the act or decision of the agency was not supported
by substantial evidence in light of the whole record. In making such a
determination the court shall not exercise its independent judgment on
evidence but shall only determine whether the act or decision was
supported by substantial evidence in light of the whole record. In any
legal action filed pursuant to this subdivision which challenges a
legislative act or decision of the agency (such as the adoption of the
regional plan and the enactment of implementing ordinances), the scope of
the judicial inquiry shall extend only to the questions of whether the
act or decision has been arbitrary, capricious or lacking substantial
evidentiary support or whether the agency has failed to proceed in a
manner required by law.
(6) The provisions of this subdivision do not apply to any legal
proceeding pending on the date when this subdivision becomes effective.
Any such legal proceeding shall be conducted and concluded under the
provisions of law which were applicable prior to the effective date of
this subdivision.
(7) The security required for the issuance of a temporary
restraining order or preliminary injunction based upon an alleged
violation of this compact or any ordinance, plan, rule or regulation
adopted pursuant thereto is governed by the rule or statute applicable to
the court in which the action is brought, unless the action is brought by
a public agency or political subdivision to enforce its own rules,
regulations and ordinances in which case no security shall be required.
(k) The agency shall monitor activities in the region and may bring
enforcement actions in the region to ensure compliance with the regional
plan and adopted ordinances, rules, regulations and policies. If it is
found that the regional plan, or ordinances, rules, regulations and
policies are not being enforced by a local jurisdiction, the agency may
bring action in a court of competent jurisdiction to ensure compliance.
(l) Any person who violates any provision of this compact or of any
ordinance or regulation of the agency or of any condition of approval
imposed by the agency is subject to a civil penalty not to exceed $5,000.
Any such person is subject to an additional civil penalty not to exceed
$5,000 per day, for each day on which such a violation persists. In
imposing the penalties authorized by this subdivision, the court shall
consider the nature of the violation and shall impose a greater penalty
if it was willful or resulted from gross negligence than if it resulted
from inadvertence or simple negligence.
(m) The agency is hereby empowered to initiate, negotiate and
participate in contracts and agreements among the local governmental
authorities of the region, or any other intergovernmental contracts or
agreements authorized by state or federal law.
(n) Each intergovernmental contract or agreement shall provide for
its own funding and staffing, but this shall not preclude financial
contributions from the local authorities concerned or from supplementary
sources.
(o) Every record of the agency, whether public or not, shall be
open for examination to the Legislature and Controller of the State of
California and the legislative auditor of the State of Nevada.
(p) Approval by the agency of any project expires 3 years after the
date of final action by the agency or the effective date of the
amendments to this compact, whichever is later, unless construction is
begun within that time and diligently pursued thereafter, or the use or
activity has commenced. In computing the 3-year period any period of time
during which the project is the subject of a legal action which delays or
renders impossible the diligent pursuit of that project shall not be
counted. Any license, permit or certificate issued by the agency which
has an expiration date shall be extended by that period of time during
which the project is the subject of such legal action as provided in this
subdivision.
(q) The governing body shall maintain a current list of real
property known to be available for exchange with the United States or
with other owners of real property in order to facilitate exchanges of
real property by owners of real property in the region.
ARTICLE VII. Environmental Impact Statements
(a) The Tahoe Regional Planning Agency when acting upon matters
that have a significant effect on the environment shall:
(1) Utilize a systematic, interdisciplinary approach which will
insure the integrated use of the natural and social sciences and the
environmental design arts in planning and in decision making which may
have an impact on man’s environment;
(2) Prepare and consider a detailed environmental impact statement
before deciding to approve or carry out any project. The detailed
environmental impact statement shall include the following:
(A) The significant environmental impacts of the proposed project;
(B) Any significant adverse environmental effects which cannot be
avoided should the project be implemented;
(C) Alternatives to the proposed project;
(D) Mitigation measures which must be implemented to assure meeting
standards of the region;
(E) The relationship between local short-term uses of man’s
environment and the maintenance and enhancement of long-term productivity;
(F) Any significant irreversible and irretrievable commitments of
resources which would be involved in the proposed project should it be
implemented; and
(G) The growth-inducing impact of the proposed project;
(3) Study, develop and describe appropriate alternatives to
recommended courses of action for any project which involves unresolved
conflicts concerning alternative uses of available resources;
(4) Make available to states, counties, municipalities,
institutions and individuals, advice and information useful in restoring,
maintaining and enhancing the quality of the region’s environment; and
(5) Initiate and utilize ecological information in the planning and
development of resource-oriented projects.
(b) Prior to completing an environmental impact statement, the
agency shall consult with and obtain the comments of any federal, state
or local agency which has jurisdiction by law or special expertise with
respect to any environmental impact involved. Copies of such statement
and the comments and views of the appropriate federal, state and local
agencies which are authorized to develop and enforce environmental
standards shall be made available to the public and shall accompany the
project through the review processes. The public shall be consulted
during the environmental impact statement process and views shall be
solicited during a public comment period not to be less than 60 days.
(c) Any environmental impact statement required pursuant to this
article need not repeat in its entirety any information or data which is
relevant to such a statement and is a matter of public record or is
generally available to the public, such as information contained in an
environmental impact report prepared pursuant to the California
Environmental Quality Act or a federal environmental impact statement
prepared pursuant to the National Environmental Policy Act of 1969.
However, such information or data shall be briefly described in the
environmental impact statement and its relationship to the environmental
impact statement shall be indicated.
In addition, any person may submit information relative to a
proposed project which may be included, in whole or in part, in any
environmental impact statement required by this article.
(d) In addition to the written findings specified by agency
ordinance to implement the regional plan, the agency shall make either of
the following written findings before approving a project for which an
environmental impact statement was prepared:
(1) Changes or alterations have been required in or incorporated
into such project which avoid or reduce the significant adverse
environmental effects to a less than significant level; or
(2) Specific considerations, such as economic, social or technical,
make infeasible the mitigation measures or project alternatives discussed
in the environmental impact statement on the project.
Ê A separate written finding shall be made for each significant effect
identified in the environmental impact statement on the project. All
written findings must be supported by substantial evidence in the record.
(e) The agency may charge and collect a reasonable fee from any
person proposing a project subject to the provisions of this compact in
order to recover the estimated costs incurred by the agency in preparing
an environmental impact statement under this article.
(f) The agency shall adopt by ordinance a list of classes of
projects which the agency has determined will not have a significant
effect on the environment and therefore will be exempt from the
requirement for the preparation of an environmental impact statement
under this article. Prior to adopting the list, the agency shall make a
written finding supported by substantial evidence in the record that each
class of projects will not have a significant effect on the environment.
ARTICLE VIII. Finances
(a) On or before September 30 of each calendar year the agency
shall establish the amount of money necessary to support its activities
for the next succeeding fiscal year commencing July 1 of the following
year. The agency shall apportion $75,000 of this amount among the
counties within the region on the same ratio to the total sum required as
the full cash valuation of taxable property within the region in each
county bears to the total full cash valuation of taxable property within
the region. In addition, each county within the region in California
shall pay $18,750 to the agency and each county within the region in
Nevada, including Carson City, shall pay $12,500 to the agency, from any
funds available therefor. The State of California and the State of Nevada
may pay to the agency by July 1 of each year any additional sums
necessary to support the operations of the agency pursuant to this
compact. If additional funds are required, the agency shall make a
request for the funds to the states of California and Nevada. Requests
for state funds must be apportioned two-thirds from California and
one-third from Nevada. Money appropriated shall be paid within 30 days.
(b) The agency may fix and collect reasonable fees for any services
rendered by it.
(c) The agency shall submit an itemized budget to the states for
review with any request for state funds, shall be strictly accountable to
any county in the region and the states for all funds paid by them to the
agency and shall be strictly accountable to all participating bodies for
all receipts and disbursement.
(d) The agency is authorized to receive gifts, donations,
subventions, grants, and other financial aids and funds; but the agency
may not own land except as provided in subdivision (i) of Article III.
(e) The agency shall not obligate itself beyond the moneys due
under this article for its support from the several counties and the
states for the current fiscal year, plus any moneys on hand or
irrevocably pledged to its support from other sources. No obligation
contracted by the agency shall bind either of the party states or any
political subdivision thereof.
ARTICLE IX. Transportation District
(a) The Tahoe transportation district is hereby established as a
special purpose district. The boundaries of the district are coterminous
with those of the region.
(b) The business of the district shall be managed by a board of
directors consisting of:
(1) One member of the county board of supervisors of each of the
counties of El Dorado and Placer;
(2) One member of the city council of the City of South Lake Tahoe;
(3) One member each of the board of county commissioners of Douglas
County and of Washoe County;
(4) One member of the board of supervisors of Carson City;
(5) The director of the California Department of Transportation; and
(6) The director of the department of transportation of the State
of Nevada.
Ê Any director may designate an alternate.
(c) The vote of at least five of the directors must agree to take
action. If at least five votes in favor of an action are not cast, an
action of rejection shall be deemed to have been taken.
(d) The Tahoe transportation district may by resolution establish
procedures for the adoption of its budgets, the appropriation of its
money and the carrying on of its other financial activities. These
procedures must conform insofar as is practicable to the procedures for
financial administration of the State of California or the State of
Nevada or one or more of the local governments in the region.
(e) The Tahoe transportation district may in accordance with the
adopted transportation plan:
(1) Own and operate a public transportation system to the exclusion
of all other publicly owned transportation systems in the region.
(2) Acquire upon mutually agreeable terms any public transportation
system or facility owned by a county, city or special purpose district or
any privately owned transportation system or facility within the region.
(3) Hire the employees of existing public transportation systems
that are acquired by the district without loss of benefits to the
employees, bargain collectively with employee organizations, and extend
pension and other collateral benefits to employees.
(4) Contract with private companies to provide supplementary
transportation or provide any of the services needed in operating a
system of transportation for the region.
(5) Fix the rates and charges for transit services provided
pursuant to this subdivision.
(6) Issue revenue bonds and other evidence of indebtedness and make
other financial arrangements appropriate for developing and operating a
public transportation system.
(7) By resolution, determine and propose for adoption a tax for the
purpose of obtaining services of the district. The tax proposed must be
general and of uniform operation throughout the region, and may not be
graduated in any way, except for a sales and use tax which, if approved
by the voters, may be administered by the states of California and Nevada
respectively in accordance with the laws that apply within their
respective jurisdictions. The district is prohibited from imposing any
other tax measured by gross or net receipts on business, an ad valorem
tax, a tax or charge that is assessed against people or vehicles as they
enter or leave the region, and any tax, direct or indirect, on gaming
tables and devices. Any such proposition must be submitted to the voters
of the district and shall become effective upon approval of a majority of
the voters voting on the proposition. The revenues from any such tax must
be used for the service for which it was imposed, and for no other
purpose.
(8) Provide service from inside the region to convenient airport,
railroad and interstate bus terminals without regard to the boundaries of
the region.
(f) The legislatures of the states of California and Nevada may, by
substantively identical enactments, amend this article.
ARTICLE X. Miscellaneous
(a) It is intended that the provisions of this compact shall be
reasonably and liberally construed to effectuate the purposes thereof.
Except as provided in subdivision (c), the provisions of this compact
shall be severable and if any phrase, clause, sentence or provision of
this compact is declared to be contrary to the constitution of any
participating state or of the United States or the applicability thereof
to any government, agency, person or circumstance is held invalid, the
validity of the remainder of this compact and the applicability thereof
to any government, agency, person or circumstance shall not be affected
thereby. If this compact shall be held contrary to the constitution of
any state participating therein, the compact shall remain in full force
and effect as to the remaining state and in full force and effect as to
the state affected as to all severable matters.
(b) The agency shall have such additional powers and duties as may
hereafter be delegated or imposed upon it from time to time by the action
of the Legislature of either state concurred in by the Legislature of the
other.
(c) A state party to this compact may withdraw therefrom by
enacting a statute repealing the compact. Notice of withdrawal shall be
communicated officially and in writing to the Governor of the other state
and to the agency administrators. This provision is not severable, and if
it is held to be unconstitutional or invalid, no other provision of this
compact shall be binding upon the State of Nevada or the State of
California.
(d) No provision of this compact shall have any effect upon the
allocation, distribution or storage of interstate waters or upon any
appropriative water right.
(Added to NRS by 1968, 4; A 1979, 1135; 1980, 1; 1987, 28,
effective upon approval by the Congress of the United States of the
proposed amendments of 1987 and expires by limitation upon proclamation
by the Governor of this State that the State of California has enacted
amendments substantially similar to the amendments approved in 1997 by
the Legislature of this State)
[Effective upon proclamation by the
Governor of this State that the State of California has enacted
amendments substantially similar to the amendments approved in 1997 by
the Legislature of this State and expires by limitation upon approval by
the Congress of the United States of the proposed amendments of 1987.]
The Tahoe Regional Planning Compact is as follows:
Tahoe Regional Planning Compact
ARTICLE I. Findings and Declarations of Policy
(a) It is found and declared that:
(1) The waters of Lake Tahoe and other resources of the
region are threatened with deterioration or degeneration, which endangers
the natural beauty and economic productivity of the region.
(2) The public and private interests and investments in the
region are substantial.
(3) The region exhibits unique environmental and ecological
values which are irreplaceable.
(4) By virtue of the special conditions and circumstances of
the region’s natural ecology, developmental pattern, population
distribution and human needs, the region is experiencing problems of
resource use and deficiencies of environmental control.
(5) Increasing urbanization is threatening the ecological
values of the region and threatening the public opportunities for use of
the public lands.
(6) Maintenance of the social and economic health of the
region depends on maintaining the significant scenic, recreational,
educational, scientific, natural and public health values provided by the
Lake Tahoe Basin.
(7) There is a public interest in protecting, preserving and
enhancing these values for the residents of the region and for visitors
to the region.
(8) Responsibilities for providing recreational and
scientific opportunities, preserving scenic and natural areas, and
safeguarding the public who live, work and play in or visit the region
are divided among local governments, regional agencies, the states of
California and Nevada, and the Federal Government.
(9) In recognition of the public investment and multistate
and national significance of the recreational values, the Federal
Government has an interest in the acquisition of recreational property
and the management of resources in the region to preserve environmental
and recreational values, and the Federal Government should assist the
states in fulfilling their responsibilities.
(10) In order to preserve the scenic beauty and outdoor
recreational opportunities of the region, there is a need to insure an
equilibrium between the region’s natural endowment and its man-made
environment.
(b) In order to enhance the efficiency and governmental
effectiveness of the region, it is imperative that there be established a
Tahoe Regional Planning Agency with the powers conferred by this compact
including the power to establish environmental threshold carrying
capacities and to adopt and enforce a regional plan and implementing
ordinances which will achieve and maintain such capacities while
providing opportunities for orderly growth and development consistent
with such capacities.
(c) The Tahoe Regional Planning Agency shall interpret and
administer its plans, ordinances, rules and regulations in accordance
with the provisions of this compact.
ARTICLE II. Definitions
As used in this compact:
(a) “Region,” includes Lake Tahoe, the adjacent parts of Douglas
and Washoe counties and Carson City, which for the purposes of this
compact shall be deemed a county, lying within the Tahoe Basin in the
State of Nevada, and the adjacent parts of the Counties of Placer and El
Dorado lying within the Tahoe Basin in the State of California, and that
additional and adjacent part of the County of Placer outside of the Tahoe
Basin in the State of California which lies southward and eastward of a
line starting at the intersection of the basin crestline and the north
boundary of Section 1, thence west to the northwest corner of Section 3,
thence south to the intersection of the basin crestline and the west
boundary of Section 10; all sections referring to Township 15 North,
Range 16 East, M.D.B. & M. The region defined and described herein shall
be as precisely delineated on official maps of the agency.
(b) “Agency” means the Tahoe Regional Planning Agency.
(c) “Governing body” means the governing board of the Tahoe
Regional Planning Agency.
(d) “Regional plan” means the long-term general plan for the
development of the region.
(e) “Planning commission” means the advisory planning commission
appointed pursuant to subdivision (h) of Article III.
(f) “Gaming” means to deal, operate, carry on, conduct, maintain or
expose for play any banking or percentage game played with cards, dice or
any mechanical device or machine for money, property, checks, credit or
any representative of value, including, without limiting the generality
of the foregoing, faro, monte, roulette, keno, bingo, fantan, twenty-one,
blackjack, seven-and-a-half, big injun, klondike, craps, stud poker, draw
poker or slot machine, but does not include social games played solely
for drinks, or cigars or cigarettes served individually, games played in
private homes or residences for prizes or games operated by charitable or
educational organizations, to the extent excluded by applicable state law.
(g) “Restricted gaming license” means a license to operate not more
than 15 slot machines on which a quarterly fee is charged pursuant to NRS
463.373 and no other games.
(h) “Project” means an activity undertaken by any person, including
any public agency, if the activity may substantially affect the land,
water, air, space or any other natural resources of the region.
(i) “Environmental threshold carrying capacity” means an
environmental standard necessary to maintain a significant scenic,
recreational, educational, scientific or natural value of the region or
to maintain public health and safety within the region. Such standards
shall include but not be limited to standards for air quality, water
quality, soil conservation, vegetation preservation and noise.
(j) “Feasible” means capable of being accomplished in a successful
manner within a reasonable period of time, taking into account economic,
environmental, social and technological factors.
(k) “Areas open to public use” means all of the areas within a
structure housing gaming under a nonrestricted license except areas
devoted to the private use of guests.
(l) “Areas devoted to private use of guests” means hotel rooms and
hallways to serve hotel room areas, and any parking areas. A hallway
serves hotel room areas if more than 50 percent of the areas on each side
of the hallway are hotel rooms.
(m) “Nonrestricted license” means a gaming license which is not a
restricted gaming license.
ARTICLE III. Organization
(a) There is created the Tahoe Regional Planning Agency as a
separate legal entity.
The governing body of the agency shall be constituted as follows:
(1) California delegation:
(A) One member appointed by each of the County Boards of
Supervisors of the Counties of El Dorado and Placer and one member
appointed by the City Council of the City of South Lake Tahoe. Any such
member may be a member of the county board of supervisors or city
council, respectively, and shall reside in the territorial jurisdiction
of the governmental body making the appointment.
(B) Two members appointed by the Governor of California, one member
appointed by the Speaker of the Assembly of California and one member
appointed by the Senate Rules Committee of the State of California. The
members appointed pursuant to this subparagraph shall not be residents of
the region and shall represent the public at large within the State of
California.
(2) Nevada delegation:
(A) One member appointed by each of the boards of county
commissioners of Douglas and Washoe counties and one member appointed by
the board of supervisors of Carson City. Any such member may be a member
of the board of county commissioners or board of supervisors,
respectively, and shall reside in the territorial jurisdiction of the
governmental body making the appointment.
(B) One member appointed by the governor of Nevada, the secretary
of state of Nevada or his designee, and the director of the state
department of conservation and natural resources of Nevada or his
designee. Except for the secretary of state and the director of the state
department of conservation and natural resources, the members or
designees appointed pursuant to this subparagraph shall not be residents
of the region. All members appointed pursuant to this subparagraph shall
represent the public at large within the State of Nevada.
(C) One member appointed for a 1-year term by the six other members
of the Nevada delegation. If at least four members of the Nevada
delegation are unable to agree upon the selection of a seventh member
within 60 days after the effective date of the amendments to this compact
or the occurrence of a vacancy on the governing body for that state the
governor of the State of Nevada shall make such an appointment. The
member appointed pursuant to this subparagraph may, but is not required
to, be a resident of the region within the State of Nevada.
(3) If any appointing authority under paragraph (1)(A), (1)(B),
(2)(A) or (2)(B) fails to make such an appointment within 60 days after
the effective date of the amendments to this compact or the occurrence of
a vacancy on the governing body, the governor of the state in which the
appointing authority is located shall make the appointment. The term of
any member so appointed shall be 1 year.
(4) The position of any member of the governing body shall be
deemed vacant if such a member is absent from three consecutive meetings
of the governing body in any calendar year.
(5) Each member and employee of the agency shall disclose his
economic interests in the region within 10 days after taking his seat on
the governing board or being employed by the agency and shall thereafter
disclose any further economic interest which he acquires, as soon as
feasible after he acquires it. As used in this paragraph, “economic
interests” means:
(A) Any business entity operating in the region in which the member
or employee has a direct or indirect investment worth more than $1,000;
(B) Any real property located in the region in which the member or
employee has a direct or indirect interest worth more than $1,000;
(C) Any source of income attributable to activities in the region,
other than loans by or deposits with a commercial lending institution in
the regular course of business, aggregating $250 or more in value
received by or promised to the member within the preceding 12 months; or
(D) Any business entity operating in the region in which the member
or employee is a director, officer, partner, trustee, employee or holds
any position of management.
Ê No member or employee of the agency shall make, or attempt to
influence, an agency decision in which he knows or has reason to know he
has an economic interest. Members and employees of the agency must
disqualify themselves from making or participating in the making of any
decision of the agency when it is reasonably foreseeable that the
decision will have a material financial effect, distinguishable from its
effect on the public generally, on the economic interests of the member
or employee.
(b) The members of the agency shall serve without compensation, but
the expenses of each member shall be met by the body which he represents
in accordance with the law of that body. All other expenses incurred by
the governing body in the course of exercising the powers conferred upon
it by this compact unless met in some other manner specifically provided,
shall be paid by the agency out of its own funds.
(c) Except for the secretary of state and director of the state
department of conservation and natural resources of Nevada and the member
appointed pursuant to subdivision (a)(2)(C), the members of the governing
body serve at the pleasure of the appointing authority in each case, but
each appointment shall be reviewed no less often than every 4 years.
Members may be reappointed.
(d) The governing body of the agency shall meet at least monthly.
All meetings shall be open to the public to the extent required by the
law of the State of California or the State of Nevada, whichever imposes
the greater requirement, applicable to local governments at the time such
meeting is held. The governing body shall fix a date for its regular
monthly meeting in such terms as “the first Monday of each month,” and
shall not change such date more often than once in any calendar year.
Notice of the date so fixed shall be given by publication at least once
in a newspaper or combination of newspapers whose circulation is general
throughout the region and in each county a portion of whose territory
lies within the region. Notice of any special meeting, except an
emergency meeting, shall be given by so publishing the date and place and
posting an agenda at least 5 days prior to the meeting.
(e) The position of a member of the governing body shall be
considered vacated upon his loss of any of the qualifications required
for his appointment and in such event the appointing authority shall
appoint a successor.
(f) The governing body shall elect from its own members a chairman
and vice chairman, whose terms of office shall be 2 years, and who may be
reelected. If a vacancy occurs in either office, the governing body may
fill such vacancy for the unexpired term.
(g) Four of the members of the governing body from each state
constitute a quorum for the transaction of the business of the agency.
The voting procedures shall be as follows:
(1) For adopting, amending or repealing environmental threshold
carrying capacities, the regional plan, and ordinances, rules and
regulations, and for granting variances from the ordinances, rules and
regulations, the vote of at least four of the members of each state
agreeing with the vote of at least four members of the other state shall
be required to take action. If there is no vote of at least four of the
members from one state agreeing with the vote of at least four of the
members of the other state on the actions specified in this paragraph, an
action of rejection shall be deemed to have been taken.
(2) For approving a project, the affirmative vote of at least five
members from the state in which the project is located and the
affirmative vote of at least nine members of the governing body are
required. If at least five members of the governing body from the state
in which the project is located and at least nine members of the entire
governing body do not vote in favor of the project, upon a motion for
approval, an action of rejection shall be deemed to have been taken. A
decision by the agency to approve a project shall be supported by a
statement of findings, adopted by the agency, which indicates that the
project complies with the regional plan and with applicable ordinances,
rules and regulations of the agency.
(3) For routine business and for directing the agency’s staff on
litigation and enforcement actions, at least eight members of the
governing body must agree to take action. If at least eight votes in
favor of such action are not cast, an action of rejection shall be deemed
to have been taken.
Ê Whenever under the provisions of this compact or any ordinance, rule,
regulation or policy adopted pursuant thereto, the agency is required to
review or approve any project, public or private, the agency shall take
final action by vote, whether to approve, to require modification or to
reject such project, within 180 days after the application for such
project is accepted as complete by the agency in compliance with the
agency’s rules and regulations governing such delivery unless the
applicant has agreed to an extension of this time limit. If a final
action by vote does not take place within 180 days, the applicant may
bring an action in a court of competent jurisdiction to compel a vote
unless he has agreed to an extension. This provision does not limit the
right of any person to obtain judicial review of agency action under
subdivision (h) of Article VI. The vote of each member of the governing
body shall be individually recorded. The governing body shall adopt its
own rules, regulations and procedures.
(h) An advisory planning commission shall be appointed by the
agency. The commission shall include: the chief planning officers of
Placer County, El Dorado County, and the City of South Lake Tahoe in
California and of Douglas County, Washoe County and Carson City in
Nevada, the executive officer of the Lahontan Regional Water Quality
Control Board of the State of California, the executive officer of the
Air Resources Board of the State of California, the director of the state
department of conservation and natural resources of the State of Nevada,
the administrator of the division of environmental protection in the
state department of conservation and natural resources of the State of
Nevada, the administrator of the Lake Tahoe Management Unit of the United
States Forest Service, and at least four lay members with an equal number
from each state, at least half of whom shall be residents of the region.
Any official member may designate an alternate.
The term of office of each lay member of the advisory planning
commission shall be 2 years. Members may be reappointed.
The position of each member of the advisory planning commission
shall be considered vacated upon loss of any of the qualifications
required for appointment, and in such an event the appointing authority
shall appoint a successor.
The advisory planning commission shall elect from its own members a
chairman and a vice chairman, whose terms of office shall be 2 years and
who may be reelected. If a vacancy occurs in either office, the advisory
planning commission shall fill such vacancy for the unexpired term.
A majority of the members of the advisory planning commission
constitutes a quorum for the transaction of the business of the
commission. A majority vote of the quorum present shall be required to
take action with respect to any matter.
(i) The agency shall establish and maintain an office within the
region, and for this purpose the agency may rent or own property and
equipment. Every plan, ordinance and other record of the agency which is
of such nature as to constitute a public record under the law of either
the State of California or the State of Nevada shall be open to
inspection and copying during regular office hours.
(j) Each authority charged under this compact or by the law of
either state with the duty of appointing a member of the governing body
of the agency shall by certified copy of its resolution or other action
notify the Secretary of State of its own state of the action taken.
ARTICLE IV. Personnel
(a) The governing body shall determine the qualification of, and it
shall appoint and fix the salary of, the executive officer of the agency,
and shall employ such other staff and legal counsel as may be necessary
to execute the powers and functions provided for under this compact or in
accordance with any intergovernmental contracts or agreements the agency
may be responsible for administering.
(b) Agency personnel standards and regulations shall conform
insofar as possible to the regulations and procedures of the civil
service of the State of California or the State of Nevada, as may be
determined by the governing body of the agency; and shall be regional and
bistate in application and effect; provided that the governing body may,
for administrative convenience and at its discretion, assign the
administration of designated personnel arrangements to an agency of
either state, and provided that administratively convenient adjustments
be made in the standards and regulations governing personnel assigned
under intergovernmental agreements.
(c) The agency may establish and maintain or participate in such
additional programs of employee benefits as may be appropriate to afford
employees of the agency terms and conditions of employment similar to
those enjoyed by employees of California and Nevada generally.
ARTICLE V. Planning
(a) In preparing each of the plans required by this article and
each amendment thereto, if any, subsequent to its adoption, the planning
commission after due notice shall hold at least one public hearing which
may be continued from time to time, and shall review the testimony and
any written recommendations presented at such hearing before recommending
the plan or amendment. The notice required by this subdivision shall be
given at least 20 days prior to the public hearing by publication at
least once in a newspaper or combination of newspapers whose circulation
is general throughout the region and in each county a portion of whose
territory lies within the region.
The planning commission shall then recommend such plan or amendment
to the governing body for adoption by ordinance. The governing body may
adopt, modify or reject the proposed plan or amendment, or may initiate
and adopt a plan or amendment without referring it to the planning
commission. If the governing body initiates or substantially modifies a
plan or amendment, it shall hold at least one public hearing thereon
after due notice as required in this subdivision.
If a request is made for the amendment of the regional plan by:
(1) A political subdivision a part of whose territory would be
affected by such amendment; or
(2) The owner or lessee of real property which would be affected by
such amendment,
Ê the governing body shall complete its action on such amendment within
180 days after such request is accepted as complete according to
standards which must be prescribed by ordinance of the agency.
(b) The agency shall develop, in cooperation with the states of
California and Nevada, environmental threshold carrying capacities for
the region. The agency should request the President’s Council on
Environmental Quality, the United States Forest Service and other
appropriate agencies to assist in developing such environmental threshold
carrying capacities. Within 18 months after the effective date of the
amendments to this compact, the agency shall adopt environmental
threshold carrying capacities for the region.
(c) Within 1 year after the adoption of the environmental threshold
carrying capacities for the region, the agency shall amend the regional
plan so that, at a minimum, the plan and all of its elements, as
implemented through agency ordinances, rules and regulations, achieves
and maintains the adopted environmental threshold carrying capacities.
Each element of the plan shall contain implementation provisions and time
schedules for such implementation by ordinance. The planning commission
and governing body shall continuously review and maintain the regional
plan. The regional plan shall consist of a diagram, or diagrams, and
text, or texts setting forth the projects and proposals for
implementation of the regional plan, a description of the needs and goals
of the region and a statement of the policies, standards and elements of
the regional plan.
The regional plan shall be a single enforceable plan and includes
all of the following correlated elements:
(1) A land-use plan for the integrated arrangement and general
location and extent of, and the criteria and standards for, the uses of
land, water, air, space and other natural resources within the region,
including but not limited to an indication or allocation of maximum
population densities and permitted uses.
(2) A transportation plan for the integrated development of a
regional system of transportation, including but not limited to parkways,
highways, transportation facilities, transit routes, waterways,
navigation facilities, public transportation facilities, bicycle
facilities, and appurtenant terminals and facilities for the movement of
people and goods within the region. The goal of transportation planning
shall be:
(A) To reduce dependency on the automobile by making more effective
use of existing transportation modes and of public transit to move people
and goods within the region; and
(B) To reduce to the extent feasible air pollution which is caused
by motor vehicles.
Ê Where increases in capacity are required, the agency shall give
preference to providing such capacity through public transportation and
public programs and projects related to transportation. The agency shall
review and consider all existing transportation plans in preparing its
regional transportation plan pursuant to this paragraph.
The plan shall provide for an appropriate transit system for the
region.
The plan shall give consideration to:
(A) Completion of the Loop Road in the states of Nevada and
California;
(B) Utilization of a light rail mass transit system in the South
Shore area; and
(C) Utilization of a transit terminal in the Kingsbury Grade area.
Ê Until the regional plan is revised, or a new transportation plan is
adopted in accordance with this paragraph, the agency has no effective
transportation plan.
(3) A conservation plan for the preservation, development,
utilization, and management of the scenic and other natural resources
within the basin, including but not limited to, soils, shoreline and
submerged lands, scenic corridors along transportation routes, open
spaces, recreational and historical facilities.
(4) A recreation plan for the development, utilization, and
management of the recreational resources of the region, including but not
limited to, wilderness and forested lands, parks and parkways, riding and
hiking trails, beaches and playgrounds, marinas, areas for skiing and
other recreational facilities.
(5) A public services and facilities plan for the general location,
scale and provision of public services and facilities, which, by the
nature of their function, size, extent and other characteristics are
necessary or appropriate for inclusion in the regional plan.
In formulating and maintaining the regional plan, the planning
commission and governing body shall take account of and shall seek to
harmonize the needs of the region as a whole, the plans of the counties
and cities within the region, the plans and planning activities of the
state, federal and other public agencies and nongovernmental agencies and
organizations which affect or are concerned with planning and development
within the region.
(d) The regional plan shall provide for attaining and maintaining
federal, state, or local air and water quality standards, whichever are
strictest, in the respective portions of the region for which the
standards are applicable.
The agency may, however, adopt air or water quality standards or
control measures more stringent than the applicable state implementation
plan or the applicable federal, state, or local standards for the region,
if it finds that such additional standards or control measures are
necessary to achieve the purposes of this compact. Each element of the
regional plan, where applicable, shall, by ordinance, identify the means
and time schedule by which air and water quality standards will be
attained.
(e) Except for the Regional Transportation Plan of the California
Tahoe Regional Planning Agency, the regional plan, ordinances, rules and
regulations adopted by the California Tahoe Regional Planning Agency in
effect on July 1, 1980, shall be the regional plan, ordinances, rules and
regulations of the Tahoe Regional Planning Agency for that portion of the
Tahoe region located in the State of California. Such plan, ordinance,
rule or regulation may be amended or repealed by the governing body of
the agency. The plans, ordinances, rules and regulations of the Tahoe
Regional Planning Agency that do not conflict with, or are not addressed
by, the California Tahoe Regional Planning Agency’s plans, ordinances,
rules and regulations referred to in this subdivision shall continue to
be applicable unless amended or repealed by the governing body of the
agency. No provision of the regional plan, ordinances, rules and
regulations of the California Tahoe Regional Planning Agency referred to
in this subdivision shall apply to that portion of the region within the
State of Nevada, unless such provision is adopted for the Nevada portion
of the region by the governing body of the agency.
(f) The regional plan, ordinances, rules and regulations of the
Tahoe Regional Planning Agency apply to that portion of the region within
the State of Nevada.
(g) The agency shall adopt ordinances prescribing specific written
findings that the agency must make prior to approving any project in the
region. These findings shall relate to environmental protection and shall
insure that the project under review will not adversely affect
implementation of the regional plan and will not cause the adopted
environmental threshold carrying capacities of the region to be exceeded.
(h) The agency shall maintain the data, maps and other information
developed in the course of formulating and administering the regional
plan, in a form suitable to assure a consistent view of developmental
trends and other relevant information for the availability of and use by
other agencies of government and by private organizations and individuals
concerned.
(i) Where necessary for the realization of the regional plan, the
agency may engage in collaborative planning with local governmental
jurisdictions located outside the region, but contiguous to its
boundaries. In formulating and implementing the regional plan, the agency
shall seek the cooperation and consider the recommendations of counties
and cities and other agencies of local government, of state and federal
agencies, of educational institutions and research organizations, whether
public or private, and of civic groups and private persons.
ARTICLE VI. Agency’s Powers
(a) The governing body shall adopt all necessary ordinances, rules,
and regulations to effectuate the adopted regional plan. Except as
otherwise provided in this compact, every such ordinance, rule or
regulation shall establish a minimum standard applicable throughout the
region. Any political subdivision or public agency may adopt and enforce
an equal or higher requirement applicable to the same subject of
regulation in its territory. The regulations of the agency shall contain
standards including but not limited to the following: water purity and
clarity; subdivision; zoning; tree removal; solid waste disposal; sewage
disposal; land fills, excavations, cuts and grading; piers, harbors,
breakwaters or channels and other shoreline developments; waste disposal
in shoreline areas; waste disposal from boats; mobile-home parks; house
relocation; outdoor advertising; floodplain protection; soil and
sedimentation control; air pollution; and watershed protection. Whenever
possible without diminishing the effectiveness of the regional plan, the
ordinances, rules, regulations and policies shall be confined to matters
which are general and regional in application, leaving to the
jurisdiction of the respective states, counties and cities the enactment
of specific and local ordinances, rules, regulations and policies which
conform to the regional plan.
The agency shall prescribe by ordinance those activities which it
has determined will not have substantial effect on the land, water, air,
space or any other natural resources in the region and therefore will be
exempt from its review and approval.
Every ordinance adopted by the agency shall be published at least
once by title in a newspaper or combination of newspapers whose
circulation is general throughout the region. Except an ordinance
adopting or amending the regional plan, no ordinance shall become
effective until 60 days after its adoption. Immediately after its
adoption, a copy of each ordinance shall be transmitted to the governing
body of each political subdivision having territory within the region.
(b) No project other than those to be reviewed and approved under
the special provisions of subdivisions (d), (e), (f) and (g) may be
developed in the region without obtaining the review and approval of the
agency and no project may be approved unless it is found to comply with
the regional plan and with the ordinances, rules and regulations enacted
pursuant to subdivision (a) to effectuate that plan.
The agency may approve a project in the region only after making
the written findings required by this subdivision or subdivision (g) of
Article V. Such findings shall be based on substantial evidence in the
record.
Before adoption by the agency of the ordinances required in
subdivision (g) of Article V, the agency may approve a project in the
region only after making written findings on the basis of substantial
evidence in the record that the project is consistent with the regional
plan then in effect and with applicable plans, ordinances, regulations,
and standards of federal and state agencies relating to the protection,
maintenance and enhancement of environmental quality in the region.
(c) The legislatures of the states of California and Nevada find
that in order to make effective the regional plan as revised by the
agency, it is necessary to halt temporarily works of development in the
region which might otherwise absorb the entire capability of the region
for further development or direct it out of harmony with the ultimate
plan. Subject to the limitation provided in this subdivision, from the
effective date of the amendments to this compact until the regional plan
is amended pursuant to subdivision (c) of Article V, or until May 1,
1983, whichever is earlier:
(1) Except as otherwise provided in this paragraph, no new
subdivision, planned unit development, or condominium project may be
approved unless a complete tentative map or plan has been approved before
the effective date of the amendments to this compact by all agencies
having jurisdiction. The subdivision of land owned by a general
improvement district, which existed and owned the land before the
effective date of the amendments to this compact, may be approved if
subdivision of the land is necessary to avoid insolvency of the district.
(2) Except as provided in paragraph (3), no apartment building may
be erected unless the required permits for such building have been
secured from all agencies having jurisdiction, prior to the effective
date of the amendments to this compact.
(3) During each of the calendar years 1980, 1981 and 1982, no city
or county may issue building permits which authorize the construction of
a greater number of new residential units within the region than were
authorized within the region by building permits issued by that city or
county during the calendar year 1978. For the period of January through
April, 1983, building permits authorizing the construction of no more
than one-third of that number may be issued by each such city or county.
For purposes of this paragraph a “residential unit” means either a single
family residence or an individual residential unit within a larger
building, such as an apartment building, a duplex or a condominium.
The legislatures find the respective numbers of residential units
authorized within the region during the calendar year 1978 to be as
follows:
1. City of South Lake Tahoe and El Dorado County
(combined)................. 252
2. Placer
County.....................................................................
.............................. 278
3. Carson
City.......................................................................
................................ -0-
4. Douglas
County.....................................................................
......................... 339
5. Washoe
County.....................................................................
......................... 739
(4) During each of the calendar years 1980, 1981 and 1982, no city
or county may issue building permits which authorize construction of a
greater square footage of new commercial buildings within the region than
were authorized within the region by building permits for commercial
purposes issued by that city or county during the calendar year 1978. For
the period of January through April, 1983, building permits authorizing
the construction of no more than one-third the amount of that square
footage may be issued by each such city or county.
The legislatures find the respective square footages of commercial
buildings authorized within the region during calendar year 1978 to be as
follows:
1. City of South Lake Tahoe and El Dorado County
(combined)................. 64,324
2. Placer
County.....................................................................
.............................. 23,000
3. Carson
City.......................................................................
................................ -0-
4. Douglas
County.....................................................................
......................... 57,354
5. Washoe
County.....................................................................
......................... 50,600
(5) No structure may be erected to house gaming under a
nonrestricted license.
(6) No facility for the treatment of sewage may be constructed or
enlarged except:
(A) To comply, as ordered by the appropriate state agency for the
control of water pollution, with existing limitations of effluent under
the Clean Water Act, 33 U.S.C. §§ 1251 et seq., and the applicable state
law for control of water pollution;
(B) To accommodate development which is not prohibited or limited
by this subdivision; or
(C) In the case of Douglas County Sewer District # 1, to modify or
otherwise alter sewage treatment facilities existing on the effective
date of the amendments to this compact so that such facilities will be
able to treat the total volume of effluent for which they were originally
designed, which is 3.0 million gallons per day. Such modification or
alteration is not a “project”; is not subject to the requirements of
Article VII; and does not require a permit from the agency. Before
commencing such modification or alteration, however, the district shall
submit to the agency its report identifying any significant soil erosion
problems which may be caused by such modifications or alterations and the
measures which the district proposes to take to mitigate or avoid such
problems.
The moratorium imposed by this subdivision does not apply to work
done pursuant to a right vested before the effective date of the
amendments to this compact. Notwithstanding the expiration date of the
moratorium imposed by this subdivision, no new highway may be built or
existing highway widened to accommodate additional continuous lanes for
automobiles until the regional transportation plan is revised and adopted.
The moratorium imposed by this subdivision does not apply to the
construction of any parking garage which has been approved by the agency
prior to May 4, 1979, whether that approval was affirmative or by
default. The provisions of this paragraph are not an expression of
legislative intent that any such parking garage, the approval of which is
the subject of litigation which was pending on the effective date of the
amendments to this compact, should or should not be constructed. The
provisions of this paragraph are intended solely to permit construction
of such a parking garage if a judgment sustaining the agency’s approval
to construct that parking garage has become final and no appeal is
pending or may lawfully be taken to a higher court.
(d) Subject to the final order of any court of competent
jurisdiction entered in litigation contesting the validity of an approval
by the Tahoe Regional Planning Agency, whether that approval was
affirmative or by default, if that litigation was pending on May 4, 1979,
the agency and the states of California and Nevada shall recognize as a
permitted and conforming use:
(1) Every structure housing gaming under a nonrestricted license
which existed as a licensed gaming establishment on May 4, 1979, or whose
construction was approved by the Tahoe Regional Planning Agency
affirmatively or deemed approved before that date. The construction or
use of any structure to house gaming under a nonrestricted license not so
existing or approved, or the enlargement in cubic volume of any such
existing or approved structure is prohibited.
(2) Every other nonrestricted gaming establishment whose use was
seasonal and whose license was issued before May 4, 1979, for the same
season and for the number and type of games and slot machines on which
taxes or fees were paid in the calendar year 1978.
(3) Gaming conducted pursuant to a restricted gaming license issued
before May 4, 1979, to the extent permitted by that license on that date.
Ê The area within any structure housing gaming under a nonrestricted
license which may be open to public use (as distinct from that devoted to
the private use of guests and exclusive of any parking area) is limited
to the area existing or approved for public use on May 4, 1979. Within
these limits, any external modification of the structure which requires a
permit from a local government also requires approval from the agency.
The agency shall not permit restaurants, convention facilities, showrooms
or other public areas to be constructed elsewhere in the region outside
the structure in order to replace areas existing or approved for public
use on May 4, 1979.
(e) Any structure housing licensed gaming may be rebuilt or
replaced to a size not to exceed the cubic volume, height and land
coverage existing or approved on May 4, 1979, without the review or
approval of the agency or any planning or regulatory authority of the
State of Nevada whose review or approval would be required for a new
structure.
(f) The following provisions apply to any internal or external
modification, remodeling, change in use, or repair of a structure housing
gaming under a nonrestricted license which is not prohibited by Article
VI (d):
(1) The agency’s review of an external modification of the
structure which requires a permit from a local government is limited to
determining whether the external modification will do any of the
following:
(A) Enlarge the cubic volume of the structure;
(B) Increase the total square footage of area open to or approved
for public use on May 4, 1979;
(C) Convert an area devoted to the private use of guests to an area
open to public use;
(D) Increase the public area open to public use which is used for
gaming beyond the limits contained in paragraph (3); and
(E) Conflict with or be subject to the provisions of any of the
agency’s ordinances that are generally applicable throughout the region.
Ê The agency shall make this determination within 60 days after the
proposal is delivered to the agency in compliance with the agency’s rules
or regulations governing such delivery unless the applicant has agreed to
an extension of this time limit. If an external modification is
determined to have any of the effects enumerated in subparagraphs (A)
through (C), it is prohibited. If an external modification is determined
to have any of the effects enumerated in subparagraph (D) or (E), it is
subject to the applicable provisions of this compact. If an external
modification is determined to have no such effect, it is not subject to
the provisions of this compact.
(2) Except as provided in paragraph (3), internal modification,
remodeling, change in use or repair of a structure housing gaming under a
nonrestricted license is not a project and does not require the review or
approval of the agency.
(3) Internal modification, remodeling, change in use or repair of
areas open to public use within a structure housing gaming under a
nonrestricted license which alone or in combination with any other such
modification, remodeling, change in use or repair will increase the total
portion of those areas which is actually used for gaming by more than the
product of the total base area, as defined below, in square feet existing
on or approved before August 4, 1980, multiplied by 15 percent
constitutes a project and is subject to all of the provisions of this
compact relating to projects. For purposes of this paragraph and the
determination required by Article VI (g), base area means all of the area
within a structure housing gaming under a nonrestricted license which may
be open to public use, whether or not gaming is actually conducted or
carried on in that area, except retail stores, convention centers and
meeting rooms, administrative offices, kitchens, maintenance and storage
areas, rest rooms, engineering and mechanical rooms, accounting rooms and
counting rooms.
(g) In order to administer and enforce the provisions of paragraphs
(d), (e) and (f) the State of Nevada, through its appropriate planning or
regulatory agency, shall require the owner or licensee of a structure
housing gaming under a nonrestricted license to provide:
(1) Documents containing sufficient information for the Nevada
agency to establish the following relative to the structure:
(A) The location of its external walls;
(B) Its total cubic volume;
(C) Within its external walls, the area in square feet open or
approved for public use and the area in square feet devoted to or
approved for the private use of guests on May 4, 1979;
(D) The amount of surface area of land under the structure; and
(E) The base area as defined in paragraph (f)(3) in square feet
existing on or approved before August 4, 1980.
(2) An informational report whenever any internal modification,
remodeling, change in use, or repair will increase the total portion of
the areas open to public use which is used for gaming.
The Nevada agency shall transmit this information to the Tahoe
Regional Planning Agency.
(h) Gaming conducted pursuant to a restricted gaming license is
exempt from review by the agency if it is incidental to the primary use
of the premises.
(i) The provisions of subdivisions (d) and (e) are intended only to
limit gaming and related activities as conducted within a gaming
establishment, or construction designed to permit the enlargement of such
activities, and not to limit any other use of property zoned for
commercial use or the accommodation of tourists, as approved by the
agency.
(j) Legal actions arising out of or alleging a violation of the
provisions of this compact, of the regional plan or of an ordinance or
regulation of the agency or of a permit or a condition of a permit issued
by the agency are governed by the following provisions:
(1) This subdivision applies to:
(A) Actions arising out of activities directly undertaken by the
agency.
(B) Actions arising out of the issuance to a person of a lease,
permit, license or other entitlement for use by the agency.
(C) Actions arising out of any other act or failure to act by any
person or public agency.
Ê Such legal actions may be filed and the provisions of this subdivision
apply equally in the appropriate courts of California and Nevada and of
the United States.
(2) Venue lies:
(A) If a civil or criminal action challenges an activity by the
agency or any person which is undertaken or to be undertaken upon a
parcel of real property, in the state or federal judicial district where
the real property is situated.
(B) If an action challenges an activity which does not involve a
specific parcel of land (such as an action challenging an ordinance of
the agency), in any state or federal court having jurisdiction within the
region.
(3) Any aggrieved person may file an action in an appropriate court
of the State of California or Nevada or of the United States alleging
noncompliance with the provisions of this compact or with an ordinance or
regulation of the agency. In the case of governmental agencies,
“aggrieved person” means the Tahoe Regional Planning Agency or any state,
federal or local agency. In the case of any person other than a
governmental agency who challenges an action of the Tahoe Regional
Planning Agency, “aggrieved person” means any person who has appeared,
either in person, through an authorized representative, or in writing,
before the agency at an appropriate administrative hearing to register
objection to the action which is being challenged, or who had good cause
for not making such an appearance.
(4) A legal action arising out of the adoption or amendment of the
regional plan or of any ordinance or regulation of the agency, or out of
the granting or denial of any permit, shall be commenced within 60 days
after final action by the agency. All other legal actions shall be
commenced within 65 days after discovery of the cause of action.
(5) In any legal action filed pursuant to this subdivision which
challenges an adjudicatory act or decision of the agency to approve or
disapprove a project, the scope of judicial inquiry shall extend only to
whether there was prejudicial abuse of discretion. Prejudicial abuse of
discretion is established if the agency has not proceeded in a manner
required by law or if the act or decision of the agency was not supported
by substantial evidence in light of the whole record. In making such a
determination the court shall not exercise its independent judgment on
evidence but shall only determine whether the act or decision was
supported by substantial evidence in light of the whole record. In any
legal action filed pursuant to this subdivision which challenges a
legislative act or decision of the agency (such as the adoption of the
regional plan and the enactment of implementing ordinances), the scope of
the judicial inquiry shall extend only to the questions of whether the
act or decision has been arbitrary, capricious or lacking substantial
evidentiary support or whether the agency has failed to proceed in a
manner required by law.
(6) The provisions of this subdivision do not apply to any legal
proceeding pending on the date when this subdivision becomes effective.
Any such legal proceeding shall be conducted and concluded under the
provisions of law which were applicable prior to the effective date of
this subdivision.
(7) The security required for the issuance of a temporary
restraining order or preliminary injunction based upon an alleged
violation of this compact or any ordinance, plan, rule or regulation
adopted pursuant thereto is governed by the rule or statute applicable to
the court in which the action is brought, unless the action is brought by
a public agency or political subdivision to enforce its own rules,
regulations and ordinances in which case no security shall be required.
(k) The agency shall monitor activities in the region and may bring
enforcement actions in the region to ensure compliance with the regional
plan and adopted ordinances, rules, regulations and policies. If it is
found that the regional plan, or ordinances, rules, regulations and
policies are not being enforced by a local jurisdiction, the agency may
bring action in a court of competent jurisdiction to ensure compliance.
(l) Any person who violates any provision of this compact or of any
ordinance or regulation of the agency or of any condition of approval
imposed by the agency is subject to a civil penalty not to exceed $5,000.
Any such person is subject to an additional civil penalty not to exceed
$5,000 per day, for each day on which such a violation persists. In
imposing the penalties authorized by this subdivision, the court shall
consider the nature of the violation and shall impose a greater penalty
if it was willful or resulted from gross negligence than if it resulted
from inadvertence or simple negligence.
(m) The agency is hereby empowered to initiate, negotiate and
participate in contracts and agreements among the local governmental
authorities of the region, or any other intergovernmental contracts or
agreements authorized by state or federal law.
(n) Each intergovernmental contract or agreement shall provide for
its own funding and staffing, but this shall not preclude financial
contributions from the local authorities concerned or from supplementary
sources.
(o) Every record of the agency, whether public or not, shall be
open for examination to the Legislature and Controller of the State of
California and the legislative auditor of the State of Nevada.
(p) Approval by the agency of any project expires 3 years after the
date of final action by the agency or the effective date of the
amendments to this compact, whichever is later, unless construction is
begun within that time and diligently pursued thereafter, or the use or
activity has commenced. In computing the 3-year period any period of time
during which the project is the subject of a legal action which delays or
renders impossible the diligent pursuit of that project shall not be
counted. Any license, permit or certificate issued by the agency which
has an expiration date shall be extended by that period of time during
which the project is the subject of such legal action as provided in this
subdivision.
(q) The governing body shall maintain a current list of real
property known to be available for exchange with the United States or
with other owners of real property in order to facilitate exchanges of
real property by owners of real property in the region.
ARTICLE VII. Environmental Impact Statements
(a) The Tahoe Regional Planning Agency when acting upon matters
that have a significant effect on the environment shall:
(1) Utilize a systematic, interdisciplinary approach which will
insure the integrated use of the natural and social sciences and the
environmental design arts in planning and in decision making which may
have an impact on man’s environment;
(2) Prepare and consider a detailed environmental impact statement
before deciding to approve or carry out any project. The detailed
environmental impact statement shall include the following:
(A) The significant environmental impacts of the proposed project;
(B) Any significant adverse environmental effects which cannot be
avoided should the project be implemented;
(C) Alternatives to the proposed project;
(D) Mitigation measures which must be implemented to assure meeting
standards of the region;
(E) The relationship between local short-term uses of man’s
environment and the maintenance and enhancement of long-term productivity;
(F) Any significant irreversible and irretrievable commitments of
resources which would be involved in the proposed project should it be
implemented; and
(G) The growth-inducing impact of the proposed project;
(3) Study, develop and describe appropriate alternatives to
recommended courses of action for any project which involves unresolved
conflicts concerning alternative uses of available resources;
(4) Make available to states, counties, municipalities,
institutions and individuals, advice and information useful in restoring,
maintaining and enhancing the quality of the region’s environment; and
(5) Initiate and utilize ecological information in the planning and
development of resource-oriented projects.
(b) Prior to completing an environmental impact statement, the
agency shall consult with and obtain the comments of any federal, state
or local agency which has jurisdiction by law or special expertise with
respect to any environmental impact involved. Copies of such statement
and the comments and views of the appropriate federal, state and local
agencies which are authorized to develop and enforce environmental
standards shall be made available to the public and shall accompany the
project through the review processes. The public shall be consulted
during the environmental impact statement process and views shall be
solicited during a public comment period not to be less than 60 days.
(c) Any environmental impact statement required pursuant to this
article need not repeat in its entirety any information or data which is
relevant to such a statement and is a matter of public record or is
generally available to the public, such as information contained in an
environmental impact report prepared pursuant to the California
Environmental Quality Act or a federal environmental impact statement
prepared pursuant to the National Environmental Policy Act of 1969.
However, such information or data shall be briefly described in the
environmental impact statement and its relationship to the environmental
impact statement shall be indicated.
In addition, any person may submit information relative to a
proposed project which may be included, in whole or in part, in any
environmental impact statement required by this article.
(d) In addition to the written findings specified by agency
ordinance to implement the regional plan, the agency shall make either of
the following written findings before approving a project for which an
environmental impact statement was prepared:
(1) Changes or alterations have been required in or incorporated
into such project which avoid or reduce the significant adverse
environmental effects to a less than significant level; or
(2) Specific considerations, such as economic, social or technical,
make infeasible the mitigation measures or project alternatives discussed
in the environmental impact statement on the project.
Ê A separate written finding shall be made for each significant effect
identified in the environmental impact statement on the project. All
written findings must be supported by substantial evidence in the record.
(e) The agency may charge and collect a reasonable fee from any
person proposing a project subject to the provisions of this compact in
order to recover the estimated costs incurred by the agency in preparing
an environmental impact statement under this article.
(f) The agency shall adopt by ordinance a list of classes of
projects which the agency has determined will not have a significant
effect on the environment and therefore will be exempt from the
requirement for the preparation of an environmental impact statement
under this article. Prior to adopting the list, the agency shall make a
written finding supported by substantial evidence in the record that each
class of projects will not have a significant effect on the environment.
ARTICLE VIII. Finances
(a) On or before September 30 of each calendar year the agency
shall establish the amount of money necessary to support its activities
for the next succeeding fiscal year commencing July 1 of the following
year. The agency shall apportion $75,000 of this amount among the
counties within the region on the same ratio to the total sum required as
the full cash valuation of taxable property within the region in each
county bears to the total full cash valuation of taxable property within
the region. In addition, each county within the region in California
shall pay $18,750 to the agency and each county within the region in
Nevada, including Carson City, shall pay $12,500 to the agency, from any
funds available therefor. The State of California and the State of Nevada
may pay to the agency by July 1 of each year any additional sums
necessary to support the operations of the agency pursuant to this
compact. If additional funds are required, the agency shall make a
request for the funds to the states of California and Nevada. Requests
for state funds must be apportioned two-thirds from California and
one-third from Nevada. Money appropriated shall be paid within 30 days.
(b) The agency may fix and collect reasonable fees for any services
rendered by it.
(c) The agency shall submit an itemized budget to the states for
review with any request for state funds, shall be strictly accountable to
any county in the region and the states for all funds paid by them to the
agency and shall be strictly accountable to all participating bodies for
all receipts and disbursement.
(d) The agency is authorized to receive gifts, donations,
subventions, grants, and other financial aids and funds; but the agency
may not own land except as provided in subdivision (i) of Article III.
(e) The agency shall not obligate itself beyond the moneys due
under this article for its support from the several counties and the
states for the current fiscal year, plus any moneys on hand or
irrevocably pledged to its support from other sources. No obligation
contracted by the agency shall bind either of the party states or any
political subdivision thereof.
ARTICLE IX. Transportation District
(a) The Tahoe transportation district is hereby established as a
special purpose district. The boundaries of the district are coterminous
with those of the region.
(b) The business of the district shall be managed by a board of
directors consisting of:
(1) One member of the county board of supervisors of each of the
counties of El Dorado and Placer who must be appointed by his respective
board of supervisors;
(2) One member of the city council of the City of South Lake Tahoe
who must be appointed by the city council;
(3) One member each of the board of county commissioners of Douglas
County and of Washoe County who must be appointed by his respective board
of county commissioners;
(4) One member of the board of supervisors of Carson City who must
be appointed by the board of supervisors;
(5) One member of the South Shore Transportation Management
Association or its successor organization who must be appointed by the
association or its successor organization;
(6) One member of the North Shore Transportation Management
Association or its successor organization who must be appointed by the
association or its successor organization;
(7) One member of each local transportation district in the region
that is authorized by the State of Nevada or the State of California who
must be appointed by his respective transportation district;
(8) One member appointed by a majority of the other voting
directors who represents a public or private transportation system
operating in the region;
(9) The director of the California Department of Transportation; and
(10) The director of the department of transportation of the State
of Nevada.
Ê Any entity that appoints a member to the board of directors, the
director of the California Department of Transportation or the director
of the department of transportation of the State of Nevada may designate
an alternate.
(c) Before a local transportation district appoints a member to the
board of directors pursuant to paragraph (7) of subdivision (b), the
local transportation district must enter into a written agreement with
the Tahoe transportation district that sets forth the responsibilities of
the districts for the establishment of policies and the management of
financial matters, including, but not limited to, the distribution of
revenue among the districts.
(d) The directors of the California Department of Transportation
and the department of transportation of the State of Nevada, or their
designated alternates, serve as nonvoting directors, but shall provide
technical and professional advice to the district as necessary and
appropriate.
(e) The vote of a majority of the directors must agree to take
action. If a majority of votes in favor of an action are not cast, an
action of rejection shall be deemed to have been taken.
(f) The Tahoe transportation district may by resolution establish
procedures for the adoption of its budgets, the appropriation of its
money and the carrying on of its other financial activities. These
procedures must conform insofar as is practicable to the procedures for
financial administration of the State of California or the State of
Nevada or one or more of the local governments in the region.
(g) The Tahoe transportation district may in accordance with the
adopted transportation plan:
(1) Own and operate a public transportation system to the exclusion
of all other publicly owned transportation systems in the region.
(2) Own and operate support facilities for public and private
systems of transportation, including, but not limited to, parking lots,
terminals, facilities for maintenance, devices for the collection of
revenue and other related equipment.
(3) Acquire or agree to operate upon mutually agreeable terms any
publicly or privately owned transportation system or facility within the
region.
(4) Hire the employees of existing public transportation systems
that are acquired by the district without loss of benefits to the
employees, bargain collectively with employee organizations, and extend
pension and other collateral benefits to employees.
(5) Contract with private companies to provide supplementary
transportation or provide any of the services needed in operating a
system of transportation for the region.
(6) Contract with local governments in the region to operate
transportation facilities or provide any of the services necessary to
operate a system of transportation for the region.
(7) Fix the rates and charges for transportation services provided
pursuant to this subdivision.
(8) Issue revenue bonds and other evidence of indebtedness and make
other financial arrangements appropriate for developing and operating a
public transportation system.
(9) By resolution, determine and propose for adoption a tax for the
purpose of obtaining services of the district. The tax proposed must be
general and of uniform operation throughout the region, and may not be
graduated in any way, except for a sales and use tax. If a sales and use
tax is approved by the voters as provided in this paragraph, it may be
administered by the states of California and Nevada respectively in
accordance with the laws that apply within their respective jurisdictions
and must not exceed a rate of 1 percent of the gross receipts from the
sale of tangible personal property sold in the district. The district is
prohibited from imposing any other tax measured by gross or net receipts
on business, an ad valorem tax, a tax or charge that is assessed against
people or vehicles as they enter or leave the region, and any tax, direct
or indirect, on gaming tables and devices. Any such proposition must be
submitted to the voters of the district and shall become effective upon
approval of the voters voting on the proposition who reside in the State
of California in accordance with the laws that apply within that state
and approval of the voters voting on the proposition who reside in the
State of Nevada in accordance with the laws that apply within that state.
The revenues from any such tax must be used for the service for which it
was imposed, and for no other purpose.
(10) Provide service from inside the region to convenient airport,
railroad and interstate bus terminals without regard to the boundaries of
the region.
(h) The legislatures of the states of California and Nevada may, by
substantively identical enactments, amend this article.
ARTICLE X. Miscellaneous
(a) It is intended that the provisions of this compact shall be
reasonably and liberally construed to effectuate the purposes thereof.
Except as provided in subdivision (c), the provisions of this compact
shall be severable and if any phrase, clause, sentence or provision of
this compact is declared to be contrary to the constitution of any
participating state or of the United States or the applicability thereof
to any government, agency, person or circumstance is held invalid, the
validity of the remainder of this compact and the applicability thereof
to any government, agency, person or circumstance shall not be affected
thereby. If this compact shall be held contrary to the constitution of
any state participating therein, the compact shall remain in full force
and effect as to the remaining state and in full force and effect as to
the state affected as to all severable matters.
(b) The agency shall have such additional powers and duties as may
hereafter be delegated or imposed upon it from time to time by the action
of the Legislature of either state concurred in by the Legislature of the
other.
(c) A state party to this compact may withdraw therefrom by
enacting a statute repealing the compact. Notice of withdrawal shall be
communicated officially and in writing to the Governor of the other state
and to the agency administrators. This provision is not severable, and if
it is held to be unconstitutional or invalid, no other provision of this
compact shall be binding upon the State of Nevada or the State of
California.
(d) No provision of this compact shall have any effect upon the
allocation, distribution or storage of interstate waters or upon any
appropriative water right.
(Added to NRS by 1968, 4; A 1979, 1135; 1980, 1; 1997, 1125,
effective upon proclamation by the Governor of this State that the State
of California has enacted amendments substantially similar to the
amendments approved in 1997 by the Legislature of this State and expires
by limitation upon approval by the Congress of the United States of the
proposed amendments of 1987)
[Effective upon proclamation by the
Governor of this State that the State of California has enacted
amendments substantially similar to the amendments approved in 1997 by
the Legislature of this State and upon approval by the Congress of the
United States of the proposed amendments of 1987.] The Tahoe Regional
Planning Compact is as follows:
Tahoe Regional Planning Compact
ARTICLE I. Findings and Declarations of Policy
(a) It is found and declared that:
(1) The waters of Lake Tahoe and other resources of the
region are threatened with deterioration or degeneration, which endangers
the natural beauty and economic productivity of the region.
(2) The public and private interests and investments in the
region are substantial.
(3) The region exhibits unique environmental and ecological
values which are irreplaceable.
(4) By virtue of the special conditions and circumstances of
the region’s natural ecology, developmental pattern, population
distribution and human needs, the region is experiencing problems of
resource use and deficiencies of environmental control.
(5) Increasing urbanization is threatening the ecological
values of the region and threatening the public opportunities for use of
the public lands.
(6) Maintenance of the social and economic health of the
region depends on maintaining the significant scenic, recreational,
educational, scientific, natural and public health values provided by the
Lake Tahoe Basin.
(7) There is a public interest in protecting, preserving and
enhancing these values for the residents of the region and for visitors
to the region.
(8) Responsibilities for providing recreational and
scientific opportunities, preserving scenic and natural areas, and
safeguarding the public who live, work and play in or visit the region
are divided among local governments, regional agencies, the states of
California and Nevada, and the Federal Government.
(9) In recognition of the public investment and multistate
and national significance of the recreational values, the Federal
Government has an interest in the acquisition of recreational property
and the management of resources in the region to preserve environmental
and recreational values, and the Federal Government should assist the
states in fulfilling their responsibilities.
(10) In order to preserve the scenic beauty and outdoor
recreational opportunities of the region, there is a need to insure an
equilibrium between the region’s natural endowment and its man-made
environment.
(b) In order to enhance the efficiency and governmental
effectiveness of the region, it is imperative that there be established a
Tahoe Regional Planning Agency with the powers conferred by this compact
including the power to establish environmental threshold carrying
capacities and to adopt and enforce a regional plan and implementing
ordinances which will achieve and maintain such capacities while
providing opportunities for orderly growth and development consistent
with such capacities.
(c) The Tahoe Regional Planning Agency shall interpret and
administer its plans, ordinances, rules and regulations in accordance
with the provisions of this compact.
ARTICLE II. Definitions
As used in this compact:
(a) “Region,” includes Lake Tahoe, the adjacent parts of Douglas
and Washoe counties and Carson City, which for the purposes of this
compact shall be deemed a county, lying within the Tahoe Basin in the
State of Nevada, and the adjacent parts of the Counties of Placer and El
Dorado lying within the Tahoe Basin in the State of California, and that
additional and adjacent part of the County of Placer outside of the Tahoe
Basin in the State of California which lies southward and eastward of a
line starting at the intersection of the basin crestline and the north
boundary of Section 1, thence west to the northwest corner of Section 3,
thence south to the intersection of the basin crestline and the west
boundary of Section 10; all sections referring to Township 15 North,
Range 16 East, M.D.B. & M. The region defined and described herein shall
be as precisely delineated on official maps of the agency.
(b) “Agency” means the Tahoe Regional Planning Agency.
(c) “Governing body” means the governing board of the Tahoe
Regional Planning Agency.
(d) “Regional plan” means the long-term general plan for the
development of the region.
(e) “Planning commission” means the advisory planning commission
appointed pursuant to subdivision (h) of Article III.
(f) “Gaming” means to deal, operate, carry on, conduct, maintain or
expose for play any banking or percentage game played with cards, dice or
any mechanical device or machine for money, property, checks, credit or
any representative of value, including, without limiting the generality
of the foregoing, faro, monte, roulette, keno, bingo, fan-tan,
twenty-one, blackjack, seven-and-a-half, big injun, klondike, craps, stud
poker, draw poker or slot machine, but does not include social games
played solely for drinks, or cigars or cigarettes served individually,
games played in private homes or residences for prizes or games operated
by charitable or educational organizations, to the extent excluded by
applicable state law.
(g) “Restricted gaming license” means a license to operate not more
than 15 slot machines on which a quarterly fee is charged pursuant to NRS
463.373 and no other games.
(h) “Project” means an activity undertaken by any person, including
any public agency, if the activity may substantially affect the land,
water, air, space or any other natural resources of the region.
(i) “Environmental threshold carrying capacity” means an
environmental standard necessary to maintain a significant scenic,
recreational, educational, scientific or natural value of the region or
to maintain public health and safety within the region. Such standards
shall include but not be limited to standards for air quality, water
quality, soil conservation, vegetation preservation and noise.
(j) “Feasible” means capable of being accomplished in a successful
manner within a reasonable period of time, taking into account economic,
environmental, social and technological factors.
(k) “Areas open to public use” means all of the areas within a
structure housing gaming under a nonrestricted license except areas
devoted to the private use of guests.
(l) “Areas devoted to private use of guests” means hotel rooms and
hallways to serve hotel room areas, and any parking areas. A hallway
serves hotel room areas if more than 50 percent of the areas on each side
of the hallway are hotel rooms.
(m) “Nonrestricted license” means a gaming license which is not a
restricted gaming license.
ARTICLE III. Organization
(a) There is created the Tahoe Regional Planning Agency as a
separate legal entity.
The governing body of the agency shall be constituted as follows:
(1) California delegation:
(A) One member appointed by each of the County Boards of
Supervisors of the Counties of El Dorado and Placer and one member
appointed by the City Council of the City of South Lake Tahoe. Any such
member may be a member of the county board of supervisors or city
council, respectively, and shall reside in the territorial jurisdiction
of the governmental body making the appointment.
(B) Two members appointed by the Governor of California, one member
appointed by the Speaker of the Assembly of California and one member
appointed by the Senate Rules Committee of the State of California. The
members appointed pursuant to this subparagraph shall not be residents of
the region and shall represent the public at large within the State of
California. A member appointed by the Speaker of the Assembly or the
Senate Rules Committee may, subject to confirmation by his or her
appointing power, designate an alternate to attend meetings and vote in
the absence of the appointed member. The designation of a named
alternate, which shall be in writing and contain evidence of confirmation
by the appointing power, shall be kept on file with the agency. An
appointed member may change his or her alternate from time to time, with
the confirmation of the appointing power, but shall have only one
designated alternate at a time. An alternate shall be subject to those
qualifications and requirements prescribed by this compact that are
applicable to the appointed member.
(2) Nevada delegation:
(A) One member appointed by each of the boards of county
commissioners of Douglas and Washoe counties and one member appointed by
the board of supervisors of Carson City. Any such member may be a member
of the board of county commissioners or board of supervisors,
respectively, and shall reside in the territorial jurisdiction of the
governmental body making the appointment.
(B) Two members appointed by the governor of Nevada, one member
appointed by the speaker of the assembly and one member appointed by the
majority leader of the Nevada senate. All members appointed pursuant to
this subparagraph shall not be residents of the region and shall
represent the public at large within the State of Nevada. A member
appointed by the speaker of the Nevada assembly or the majority leader of
the Nevada senate may, subject to confirmation by his or her appointing
power, designate an alternate to attend meetings and vote in the absence
of the appointed member. The designation of a named alternate, which
shall be in writing and contain evidence of confirmation by the
appointing power, shall be kept on file with the agency. An appointed
member may change his or her alternate from time to time, with the
confirmation of the appointing power, but shall have only one designated
alternate at a time. An alternate shall be subject to those
qualifications and requirements prescribed by this compact that are
applicable to the appointed member.
(3) If any appointing authority under paragraph (1)(A), (1)(B),
(2)(A) or (2)(B) fails to make such an appointment within 60 days after
the effective date of the amendments to this compact or the occurrence of
a vacancy on the governing body, the governor of the state in which the
appointing authority is located shall make the appointment. The term of
any member so appointed shall be 1 year.
(4) The position of any member of the governing body shall be
deemed vacant if such a member is absent from three consecutive meetings
of the governing body in any calendar year.
(5) Each member and employee of the agency shall disclose his
economic interests in the region within 10 days after taking his seat on
the governing board or being employed by the agency and shall thereafter
disclose any further economic interest which he acquires, as soon as
feasible after he acquires it. As used in this paragraph, “economic
interests” means:
(A) Any business entity operating in the region in which the member
or employee has a direct or indirect investment worth more than $1,000;
(B) Any real property located in the region in which the member or
employee has a direct or indirect interest worth more than $1,000;
(C) Any source of income attributable to activities in the region,
other than loans by or deposits with a commercial lending institution in
the regular course of business, aggregating $250 or more in value
received by or promised to the member within the preceding 12 months; or
(D) Any business entity operating in the region in which the member
or employee is a director, officer, partner, trustee, employee or holds
any position of management.
Ê No member or employee of the agency shall make, or attempt to
influence, an agency decision in which he knows or has reason to know he
has an economic interest. Members and employees of the agency must
disqualify themselves from making or participating in the making of any
decision of the agency when it is reasonably foreseeable that the
decision will have a material financial effect, distinguishable from its
effect on the public generally, on the economic interests of the member
or employee.
(b) The members of the agency shall serve without compensation, but
the expenses of each member shall be met by the body which he represents
in accordance with the law of that body. All other expenses incurred by
the governing body in the course of exercising the powers conferred upon
it by this compact unless met in some other manner specifically provided,
shall be paid by the agency out of its own funds.
(c) The members of the governing body serve at the pleasure of the
appointing authority in each case, but each appointment shall be reviewed
no less often than every 4 years. Members may be reappointed.
(d) The governing body of the agency shall meet at least monthly.
All meetings shall be open to the public to the extent required by the
law of the State of California or the State of Nevada, whichever imposes
the greater requirement, applicable to local governments at the time such
meeting is held. The governing body shall fix a date for its regular
monthly meeting in such terms as “the first Monday of each month,” and
shall not change such date more often than once in any calendar year.
Notice of the date so fixed shall be given by publication at least once
in a newspaper or combination of newspapers whose circulation is general
throughout the region and in each county a portion of whose territory
lies within the region. Notice of any special meeting, except an
emergency meeting, shall be given by so publishing the date and place and
posting an agenda at least 5 days prior to the meeting.
(e) The position of a member of the governing body shall be
considered vacated upon his loss of any of the qualifications required
for his appointment and in such event the appointing authority shall
appoint a successor.
(f) The governing body shall elect from its own members a chairman
and vice chairman, whose terms of office shall be 2 years, and who may be
reelected. If a vacancy occurs in either office, the governing body may
fill such vacancy for the unexpired term.
(g) Four of the members of the governing body from each state
constitute a quorum for the transaction of the business of the agency.
The voting procedures shall be as follows:
(1) For adopting, amending or repealing environmental threshold
carrying capacities, the regional plan, and ordinances, rules and
regulations, and for granting variances from the ordinances, rules and
regulations, the vote of at least four of the members of each state
agreeing with the vote of at least four members of the other state shall
be required to take action. If there is no vote of at least four of the
members from one state agreeing with the vote of at least four of the
members of the other state on the actions specified in this paragraph, an
action of rejection shall be deemed to have been taken.
(2) For approving a project, the affirmative vote of at least five
members from the state in which the project is located and the
affirmative vote of at least nine members of the governing body are
required. If at least five members of the governing body from the state
in which the project is located and at least nine members of the entire
governing body do not vote in favor of the project, upon a motion for
approval, an action of rejection shall be deemed to have been taken. A
decision by the agency to approve a project shall be supported by a
statement of findings, adopted by the agency, which indicates that the
project complies with the regional plan and with applicable ordinances,
rules and regulations of the agency.
(3) For routine business and for directing the agency’s staff on
litigation and enforcement actions, at least eight members of the
governing body must agree to take action. If at least eight votes in
favor of such action are not cast, an action of rejection shall be deemed
to have been taken.
Ê Whenever under the provisions of this compact or any ordinance, rule,
regulation or policy adopted pursuant thereto, the agency is required to
review or approve any project, public or private, the agency shall take
final action by vote, whether to approve, to require modification or to
reject such project, within 180 days after the application for such
project is accepted as complete by the agency in compliance with the
agency’s rules and regulations governing such delivery unless the
applicant has agreed to an extension of this time limit. If a final
action by vote does not take place within 180 days, the applicant may
bring an action in a court of competent jurisdiction to compel a vote
unless he has agreed to an extension. This provision does not limit the
right of any person to obtain judicial review of agency action under
subdivision (h) of Article VI. The vote of each member of the governing
body shall be individually recorded. The governing body shall adopt its
own rules, regulations and procedures.
(h) An advisory planning commission shall be appointed by the
agency. The commission shall include: the chief planning officers of
Placer County, El Dorado County, and the City of South Lake Tahoe in
California and of Douglas County, Washoe County and Carson City in
Nevada, the executive officer of the Lahontan Regional Water Quality
Control Board of the State of California, the executive officer of the
Air Resources Board of the State of California, the director of the state
department of conservation and natural resources of the State of Nevada,
the administrator of the division of environmental protection in the
state department of conservation and natural resources of the State of
Nevada, the administrator of the Lake Tahoe Management Unit of the United
States Forest Service, and at least four lay members with an equal number
from each state, at least half of whom shall be residents of the region.
Any official member may designate an alternate.
The term of office of each lay member of the advisory planning
commission shall be 2 years. Members may be reappointed.
The position of each member of the advisory planning commission
shall be considered vacated upon loss of any of the qualifications
required for appointment, and in such an event the appointing authority
shall appoint a successor.
The advisory planning commission shall elect from its own members a
chairman and a vice chairman, whose terms of office shall be 2 years and
who may be reelected. If a vacancy occurs in either office, the advisory
planning commission shall fill such vacancy for the unexpired term.
A majority of the members of the advisory planning commission
constitutes a quorum for the transaction of the business of the
commission. A majority vote of the quorum present shall be required to
take action with respect to any matter.
(i) The agency shall establish and maintain an office within the
region, and for this purpose the agency may rent or own property and
equipment. Every plan, ordinance and other record of the agency which is
of such nature as to constitute a public record under the law of either
the State of California or the State of Nevada shall be open to
inspection and copying during regular office hours.
(j) Each authority charged under this compact or by the law of
either state with the duty of appointing a member of the governing body
of the agency shall by certified copy of its resolution or other action
notify the Secretary of State of its own state of the action taken.
ARTICLE IV. Personnel
(a) The governing body shall determine the qualification of, and it
shall appoint and fix the salary of, the executive officer of the agency,
and shall employ such other staff and legal counsel as may be necessary
to execute the powers and functions provided for under this compact or in
accordance with any intergovernmental contracts or agreements the agency
may be responsible for administering.
(b) Agency personnel standards and regulations shall conform
insofar as possible to the regulations and procedures of the civil
service of the State of California or the State of Nevada, as may be
determined by the governing body of the agency; and shall be regional and
bistate in application and effect; provided that the governing body may,
for administrative convenience and at its discretion, assign the
administration of designated personnel arrangements to an agency of
either state, and provided that administratively convenient adjustments
be made in the standards and regulations governing personnel assigned
under intergovernmental agreements.
(c) The agency may establish and maintain or participate in such
additional programs of employee benefits as may be appropriate to afford
employees of the agency terms and conditions of employment similar to
those enjoyed by employees of California and Nevada generally.
ARTICLE V. Planning
(a) In preparing each of the plans required by this article and
each amendment thereto, if any, subsequent to its adoption, the planning
commission after due notice shall hold at least one public hearing which
may be continued from time to time, and shall review the testimony and
any written recommendations presented at such hearing before recommending
the plan or amendment. The notice required by this subdivision shall be
given at least 20 days prior to the public hearing by publication at
least once in a newspaper or combination of newspapers whose circulation
is general throughout the region and in each county a portion of whose
territory lies within the region.
The planning commission shall then recommend such plan or amendment
to the governing body for adoption by ordinance. The governing body may
adopt, modify or reject the proposed plan or amendment, or may initiate
and adopt a plan or amendment without referring it to the planning
commission. If the governing body initiates or substantially modifies a
plan or amendment, it shall hold at least one public hearing thereon
after due notice as required in this subdivision.
If a request is made for the amendment of the regional plan by:
(1) A political subdivision a part of whose territory would be
affected by such amendment; or
(2) The owner or lessee of real property which would be affected by
such amendment,
Ê the governing body shall complete its action on such amendment within
180 days after such request is accepted as complete according to
standards which must be prescribed by ordinance of the agency.
(b) The agency shall develop, in cooperation with the states of
California and Nevada, environmental threshold carrying capacities for
the region. The agency should request the President’s Council on
Environmental Quality, the United States Forest Service and other
appropriate agencies to assist in developing such environmental threshold
carrying capacities. Within 18 months after the effective date of the
amendments to this compact, the agency shall adopt environmental
threshold carrying capacities for the region.
(c) Within 1 year after the adoption of the environmental threshold
carrying capacities for the region, the agency shall amend the regional
plan so that, at a minimum, the plan and all of its elements, as
implemented through agency ordinances, rules and regulations, achieves
and maintains the adopted environmental threshold carrying capacities.
Each element of the plan shall contain implementation provisions and time
schedules for such implementation by ordinance. The planning commission
and governing body shall continuously review and maintain the regional
plan. The regional plan shall consist of a diagram, or diagrams, and
text, or texts setting forth the projects and proposals for
implementation of the regional plan, a description of the needs and goals
of the region and a statement of the policies, standards and elements of
the regional plan.
The regional plan shall be a single enforceable plan and includes
all of the following correlated elements:
(1) A land-use plan for the integrated arrangement and general
location and extent of, and the criteria and standards for, the uses of
land, water, air, space and other natural resources within the region,
including but not limited to, an indication or allocation of maximum
population densities and permitted uses.
(2) A transportation plan for the integrated development of a
regional system of transportation, including but not limited to parkways,
highways, transportation facilities, transit routes, waterways,
navigation facilities, public transportation facilities, bicycle
facilities, and appurtenant terminals and facilities for the movement of
people and goods within the region. The goal of transportation planning
shall be:
(A) To reduce dependency on the automobile by making more effective
use of existing transportation modes and of public transit to move people
and goods within the region; and
(B) To reduce to the extent feasible air pollution which is caused
by motor vehicles.
Ê Where increases in capacity are required, the agency shall give
preference to providing such capacity through public transportation and
public programs and projects related to transportation. The agency shall
review and consider all existing transportation plans in preparing its
regional transportation plan pursuant to this paragraph.
The plan shall provide for an appropriate transit system for the
region.
The plan shall give consideration to:
(A) Completion of the Loop Road in the states of Nevada and
California;
(B) Utilization of a light rail mass transit system in the South
Shore area; and
(C) Utilization of a transit terminal in the Kingsbury Grade area.
Ê Until the regional plan is revised, or a new transportation plan is
adopted in accordance with this paragraph, the agency has no effective
transportation plan.
(3) A conservation plan for the preservation, development,
utilization, and management of the scenic and other natural resources
within the basin, including but not limited to, soils, shoreline and
submerged lands, scenic corridors along transportation routes, open
spaces, recreational and historical facilities.
(4) A recreation plan for the development, utilization, and
management of the recreational resources of the region, including but not
limited to, wilderness and forested lands, parks and parkways, riding and
hiking trails, beaches and playgrounds, marinas, areas for skiing and
other recreational facilities.
(5) A public services and facilities plan for the general location,
scale and provision of public services and facilities, which, by the
nature of their function, size, extent and other characteristics are
necessary or appropriate for inclusion in the regional plan.
In formulating and maintaining the regional plan, the planning
commission and governing body shall take account of and shall seek to
harmonize the needs of the region as a whole, the plans of the counties
and cities within the region, the plans and planning activities of the
state, federal and other public agencies and nongovernmental agencies and
organizations which affect or are concerned with planning and development
within the region.
(d) The regional plan shall provide for attaining and maintaining
federal, state, or local air and water quality standards, whichever are
strictest, in the respective portions of the region for which the
standards are applicable.
The agency may, however, adopt air or water quality standards or
control measures more stringent than the applicable state implementation
plan or the applicable federal, state, or local standards for the region,
if it finds that such additional standards or control measures are
necessary to achieve the purposes of this compact. Each element of the
regional plan, where applicable, shall, by ordinance, identify the means
and time schedule by which air and water quality standards will be
attained.
(e) Except for the Regional Transportation Plan of the California
Tahoe Regional Planning Agency, the regional plan, ordinances, rules and
regulations adopted by the California Tahoe Regional Planning Agency in
effect on July 1, 1980, shall be the regional plan, ordinances, rules and
regulations of the Tahoe Regional Planning Agency for that portion of the
Tahoe region located in the State of California. Such plan, ordinance,
rule or regulation may be amended or repealed by the governing body of
the agency. The plans, ordinances, rules and regulations of the Tahoe
Regional Planning Agency that do not conflict with, or are not addressed
by, the California Tahoe Regional Planning Agency’s plans, ordinances,
rules and regulations referred to in this subdivision shall continue to
be applicable unless amended or repealed by the governing body of the
agency. No provision of the regional plan, ordinances, rules and
regulations of the California Tahoe Regional Planning Agency referred to
in this subdivision shall apply to that portion of the region within the
State of Nevada, unless such provision is adopted for the Nevada portion
of the region by the governing body of the agency.
(f) The regional plan, ordinances, rules and regulations of the
Tahoe Regional Planning Agency apply to that portion of the region within
the State of Nevada.
(g) The agency shall adopt ordinances prescribing specific written
findings that the agency must make prior to approving any project in the
region. These findings shall relate to environmental protection and shall
insure that the project under review will not adversely affect
implementation of the regional plan and will not cause the adopted
environmental threshold carrying capacities of the region to be exceeded.
(h) The agency shall maintain the data, maps and other information
developed in the course of formulating and administering the regional
plan, in a form suitable to assure a consistent view of developmental
trends and other relevant information for the availability of and use by
other agencies of government and by private organizations and individuals
concerned.
(i) Where necessary for the realization of the regional plan, the
agency may engage in collaborative planning with local governmental
jurisdictions located outside the region, but contiguous to its
boundaries. In formulating and implementing the regional plan, the agency
shall seek the cooperation and consider the recommendations of counties
and cities and other agencies of local government, of state and federal
agencies, of educational institutions and research organizations, whether
public or private, and of civic groups and private persons.
ARTICLE VI. Agency’s Powers
(a) The governing body shall adopt all necessary ordinances, rules,
and regulations to effectuate the adopted regional plan. Except as
otherwise provided in this compact, every such ordinance, rule or
regulation shall establish a minimum standard applicable throughout the
region. Any political subdivision or public agency may adopt and enforce
an equal or higher requirement applicable to the same subject of
regulation in its territory. The regulations of the agency shall contain
standards including but not limited to the following: water purity and
clarity; subdivision; zoning; tree removal; solid waste disposal; sewage
disposal; land fills, excavations, cuts and grading; piers, harbors,
breakwaters or channels and other shoreline developments; waste disposal
in shoreline areas; waste disposal from boats; mobile-home parks; house
relocation; outdoor advertising; floodplain protection; soil and
sedimentation control; air pollution; and watershed protection. Whenever
possible without diminishing the effectiveness of the regional plan, the
ordinances, rules, regulations and policies shall be confined to matters
which are general and regional in application, leaving to the
jurisdiction of the respective states, counties and cities the enactment
of specific and local ordinances, rules, regulations and policies which
conform to the regional plan.
The agency shall prescribe by ordinance those activities which it
has determined will not have substantial effect on the land, water, air,
space or any other natural resources in the region and therefore will be
exempt from its review and approval.
Every ordinance adopted by the agency shall be published at least
once by title in a newspaper or combination of newspapers whose
circulation is general throughout the region. Except an ordinance
adopting or amending the regional plan, no ordinance shall become
effective until 60 days after its adoption. Immediately after its
adoption, a copy of each ordinance shall be transmitted to the governing
body of each political subdivision having territory within the region.
(b) No project other than those to be reviewed and approved under
the special provisions of subdivisions (d), (e), (f) and (g) may be
developed in the region without obtaining the review and approval of the
agency and no project may be approved unless it is found to comply with
the regional plan and with the ordinances, rules and regulations enacted
pursuant to subdivision (a) to effectuate that plan.
The agency may approve a project in the region only after making
the written findings required by this subdivision or subdivision (g) of
Article V. Such findings shall be based on substantial evidence in the
record.
Before adoption by the agency of the ordinances required in
subdivision (g) of Article V, the agency may approve a project in the
region only after making written findings on the basis of substantial
evidence in the record that the project is consistent with the regional
plan then in effect and with applicable plans, ordinances, regulations,
and standards of federal and state agencies relating to the protection,
maintenance and enhancement of environmental quality in the region.
(c) The legislatures of the states of California and Nevada find
that in order to make effective the regional plan as revised by the
agency, it is necessary to halt temporarily works of development in the
region which might otherwise absorb the entire capability of the region
for further development or direct it out of harmony with the ultimate
plan. Subject to the limitation provided in this subdivision, from the
effective date of the amendments to this compact until the regional plan
is amended pursuant to subdivision (c) of Article V, or until May 1,
1983, whichever is earlier:
(1) Except as otherwise provided in this paragraph, no new
subdivision, planned unit development, or condominium project may be
approved unless a complete tentative map or plan has been approved before
the effective date of the amendments to this compact by all agencies
having jurisdiction. The subdivision of land owned by a general
improvement district, which existed and owned the land before the
effective date of the amendments to this compact, may be approved if
subdivision of the land is necessary to avoid insolvency of the district.
(2) Except as provided in paragraph (3), no apartment building may
be erected unless the required permits for such building have been
secured from all agencies having jurisdiction, prior to the effective
date of the amendments to this compact.
(3) During each of the calendar years 1980, 1981 and 1982, no city
or county may issue building permits which authorize the construction of
a greater number of new residential units within the region than were
authorized within the region by building permits issued by that city or
county during the calendar year 1978. For the period of January through
April, 1983, building permits authorizing the construction of no more
than one-third of that number may be issued by each such city or county.
For purposes of this paragraph a “residential unit” means either a single
family residence or an individual residential unit within a larger
building, such as an apartment building, a duplex or a condominium.
The legislatures find the respective numbers of residential units
authorized within the region during the calendar year 1978 to be as
follows:
1. City of South Lake Tahoe and El Dorado County
(combined)........................... 252
2. Placer
County.....................................................................
........................................ 278
3. Carson
City.......................................................................
........................................... -0-
4. Douglas
County.....................................................................
................................... 339
5. Washoe
County.....................................................................
................................... 739
(4) During each of the calendar years 1980, 1981 and 1982, no city
or county may issue building permits which authorize construction of a
greater square footage of new commercial buildings within the region than
were authorized within the region by building permits for commercial
purposes issued by that city or county during the calendar year 1978. For
the period of January through April, 1983, building permits authorizing
the construction of no more than one-third the amount of that square
footage may be issued by each such city or county.
The legislatures find the respective square footages of commercial
buildings authorized within the region during calendar year 1978 to be as
follows:
1. City of South Lake Tahoe and El Dorado County
(combined)................... 64,324
2. Placer
County.....................................................................
................................ 23,000
3. Carson
City.......................................................................
.................................. -0-
4. Douglas
County.....................................................................
........................... 57,354
5. Washoe
County.....................................................................
........................... 50,600
(5) No structure may be erected to house gaming under a
nonrestricted license.
(6) No facility for the treatment of sewage may be constructed or
enlarged except:
(A) To comply, as ordered by the appropriate state agency for the
control of water pollution, with existing limitations of effluent under
the Clean Water Act, 33 U.S.C. §§ 1251 et seq., and the applicable state
law for control of water pollution;
(B) To accommodate development which is not prohibited or limited
by this subdivision; or
(C) In the case of Douglas County Sewer District # 1, to modify or
otherwise alter sewage treatment facilities existing on the effective
date of the amendments to this compact so that such facilities will be
able to treat the total volume of effluent for which they were originally
designed, which is 3.0 million gallons per day. Such modification or
alteration is not a “project”; is not subject to the requirements of
Article VII; and does not require a permit from the agency. Before
commencing such modification or alteration, however, the district shall
submit to the agency its report identifying any significant soil erosion
problems which may be caused by such modifications or alterations and the
measures which the district proposes to take to mitigate or avoid such
problems.
The moratorium imposed by this subdivision does not apply to work
done pursuant to a right vested before the effective date of the
amendments to this compact. Notwithstanding the expiration date of the
moratorium imposed by this subdivision, no new highway may be built or
existing highway widened to accommodate additional continuous lanes for
automobiles until the regional transportation plan is revised and adopted.
The moratorium imposed by this subdivision does not apply to the
construction of any parking garage which has been approved by the agency
prior to May 4, 1979, whether that approval was affirmative or by
default. The provisions of this paragraph are not an expression of
legislative intent that any such parking garage, the approval of which is
the subject of litigation which was pending on the effective date of the
amendments to this compact, should or should not be constructed. The
provisions of this paragraph are intended solely to permit construction
of such a parking garage if a judgment sustaining the agency’s approval
to construct that parking garage has become final and no appeal is
pending or may lawfully be taken to a higher court.
(d) Subject to the final order of any court of competent
jurisdiction entered in litigation contesting the validity of an approval
by the Tahoe Regional Planning Agency, whether that approval was
affirmative or by default, if that litigation was pending on May 4, 1979,
the agency and the states of California and Nevada shall recognize as a
permitted and conforming use:
(1) Every structure housing gaming under a nonrestricted license
which existed as a licensed gaming establishment on May 4, 1979, or whose
construction was approved by the Tahoe Regional Planning Agency
affirmatively or deemed approved before that date. The construction or
use of any structure to house gaming under a nonrestricted license not so
existing or approved, or the enlargement in cubic volume of any such
existing or approved structure is prohibited.
(2) Every other nonrestricted gaming establishment whose use was
seasonal and whose license was issued before May 4, 1979, for the same
season and for the number and type of games and slot machines on which
taxes or fees were paid in the calendar year 1978.
(3) Gaming conducted pursuant to a restricted gaming license issued
before May 4, 1979, to the extent permitted by that license on that date.
Ê The area within any structure housing gaming under a nonrestricted
license which may be open to public use (as distinct from that devoted to
the private use of guests and exclusive of any parking area) is limited
to the area existing or approved for public use on May 4, 1979. Within
these limits, any external modification of the structure which requires a
permit from a local government also requires approval from the agency.
The agency shall not permit restaurants, convention facilities, showrooms
or other public areas to be constructed elsewhere in the region outside
the structure in order to replace areas existing or approved for public
use on May 4, 1979.
(e) Any structure housing licensed gaming may be rebuilt or
replaced to a size not to exceed the cubic volume, height and land
coverage existing or approved on May 4, 1979, without the review or
approval of the agency or any planning or regulatory authority of the
State of Nevada whose review or approval would be required for a new
structure.
(f) The following provisions apply to any internal or external
modification, remodeling, change in use, or repair of a structure housing
gaming under a nonrestricted license which is not prohibited by
subdivision (d):
(1) The agency’s review of an external modification of the
structure which requires a permit from a local government is limited to
determining whether the external modification will do any of the
following:
(A) Enlarge the cubic volume of the structure;
(B) Increase the total square footage of area open to or approved
for public use on May 4, 1979;
(C) Convert an area devoted to the private use of guests to an area
open to public use;
(D) Increase the public area open to public use which is used for
gaming beyond the limits contained in paragraph (3); and
(E) Conflict with or be subject to the provisions of any of the
agency’s ordinances that are generally applicable throughout the region.
Ê The agency shall make this determination within 60 days after the
proposal is delivered to the agency in compliance with the agency’s rules
or regulations governing such delivery unless the applicant has agreed to
an extension of this time limit. If an external modification is
determined to have any of the effects enumerated in subparagraphs (A)
through (C), it is prohibited. If an external modification is determined
to have any of the effects enumerated in subparagraph (D) or (E), it is
subject to the applicable provisions of this compact. If an external
modification is determined to have no such effect, it is not subject to
the provisions of this compact.
(2) Except as provided in paragraph (3), internal modification,
remodeling, change in use or repair of a structure housing gaming under a
nonrestricted license is not a project and does not require the review or
approval of the agency.
(3) Internal modification, remodeling, change in use or repair of
areas open to public use within a structure housing gaming under a
nonrestricted license which alone or in combination with any other such
modification, remodeling, change in use or repair will increase the total
portion of those areas which is actually used for gaming by more than the
product of the total base area, as defined below, in square feet existing
on or approved before August 4, 1980, multiplied by 15 percent
constitutes a project and is subject to all of the provisions of this
compact relating to projects. For purposes of this paragraph and the
determination required by subdivision (g), base area means all of the
area within a structure housing gaming under a nonrestricted license
which may be open to public use, whether or not gaming is actually
conducted or carried on in that area, except retail stores, convention
centers and meeting rooms, administrative offices, kitchens, maintenance
and storage areas, rest rooms, engineering and mechanical rooms,
accounting rooms and counting rooms.
(g) In order to administer and enforce the provisions of
subdivisions (d), (e) and (f) the State of Nevada, through its
appropriate planning or regulatory agency, shall require the owner or
licensee of a structure housing gaming under a nonrestricted license to
provide:
(1) Documents containing sufficient information for the Nevada
agency to establish the following relative to the structure:
(A) The location of its external walls;
(B) Its total cubic volume;
(C) Within its external walls, the area in square feet open or
approved for public use and the area in square feet devoted to or
approved for the private use of guests on May 4, 1979;
(D) The amount of surface area of land under the structure; and
(E) The base area as defined in paragraph (3) of subdivision (f) in
square feet existing on or approved before August 4, 1980.
(2) An informational report whenever any internal modification,
remodeling, change in use, or repair will increase the total portion of
the areas open to public use which is used for gaming.
The Nevada agency shall transmit this information to the Tahoe
Regional Planning Agency.
(h) Gaming conducted pursuant to a restricted gaming license is
exempt from review by the agency if it is incidental to the primary use
of the premises.
(i) The provisions of subdivisions (d) and (e) are intended only to
limit gaming and related activities as conducted within a gaming
establishment, or construction designed to permit the enlargement of such
activities, and not to limit any other use of property zoned for
commercial use or the accommodation of tourists, as approved by the
agency.
(j) Legal actions arising out of or alleging a violation of the
provisions of this compact, of the regional plan or of an ordinance or
regulation of the agency or of a permit or a condition of a permit issued
by the agency are governed by the following provisions:
(1) This subdivision applies to:
(A) Actions arising out of activities directly undertaken by the
agency.
(B) Actions arising out of the issuance to a person of a lease,
permit, license or other entitlement for use by the agency.
(C) Actions arising out of any other act or failure to act by any
person or public agency.
Ê Such legal actions may be filed and the provisions of this subdivision
apply equally in the appropriate courts of California and Nevada and of
the United States.
(2) Venue lies:
(A) If a civil or criminal action challenges an activity by the
agency or any person which is undertaken or to be undertaken upon a
parcel of real property, in the state or federal judicial district where
the real property is situated.
(B) If an action challenges an activity which does not involve a
specific parcel of land (such as an action challenging an ordinance of
the agency), in any state or federal court having jurisdiction within the
region.
(3) Any aggrieved person may file an action in an appropriate court
of the State of California or Nevada or of the United States alleging
noncompliance with the provisions of this compact or with an ordinance or
regulation of the agency. In the case of governmental agencies,
“aggrieved person” means the Tahoe Regional Planning Agency or any state,
federal or local agency. In the case of any person other than a
governmental agency who challenges an action of the Tahoe Regional
Planning Agency, “aggrieved person” means any person who has appeared,
either in person, through an authorized representative, or in writing,
before the agency at an appropriate administrative hearing to register
objection to the action which is being challenged, or who had good cause
for not making such an appearance.
(4) A legal action arising out of the adoption or amendment of the
regional plan or of any ordinance or regulation of the agency, or out of
the granting or denial of any permit, shall be commenced within 60 days
after final action by the agency. All other legal actions shall be
commenced within 65 days after discovery of the cause of action.
(5) In any legal action filed pursuant to this subdivision which
challenges an adjudicatory act or decision of the agency to approve or
disapprove a project, the scope of judicial inquiry shall extend only to
whether there was prejudicial abuse of discretion. Prejudicial abuse of
discretion is established if the agency has not proceeded in a manner
required by law or if the act or decision of the agency was not supported
by substantial evidence in light of the whole record. In making such a
determination the court shall not exercise its independent judgment on
evidence but shall only determine whether the act or decision was
supported by substantial evidence in light of the whole record. In any
legal action filed pursuant to this subdivision which challenges a
legislative act or decision of the agency (such as the adoption of the
regional plan and the enactment of implementing ordinances), the scope of
the judicial inquiry shall extend only to the questions of whether the
act or decision has been arbitrary, capricious or lacking substantial
evidentiary support or whether the agency has failed to proceed in a
manner required by law.
(6) The provisions of this subdivision do not apply to any legal
proceeding pending on the date when this subdivision becomes effective.
Any such legal proceeding shall be conducted and concluded under the
provisions of law which were applicable prior to the effective date of
this subdivision.
(7) The security required for the issuance of a temporary
restraining order or preliminary injunction based upon an alleged
violation of this compact or any ordinance, plan, rule or regulation
adopted pursuant thereto is governed by the rule or statute applicable to
the court in which the action is brought, unless the action is brought by
a public agency or political subdivision to enforce its own rules,
regulations and ordinances in which case no security shall be required.
(k) The agency shall monitor activities in the region and may bring
enforcement actions in the region to ensure compliance with the regional
plan and adopted ordinances, rules, regulations and policies. If it is
found that the regional plan, or ordinances, rules, regulations and
policies are not being enforced by a local jurisdiction, the agency may
bring action in a court of competent jurisdiction to ensure compliance.
(l) Any person who violates any provision of this compact or of any
ordinance or regulation of the agency or of any condition of approval
imposed by the agency is subject to a civil penalty not to exceed $5,000.
Any such person is subject to an additional civil penalty not to exceed
$5,000 per day, for each day on which such a violation persists. In
imposing the penalties authorized by this subdivision, the court shall
consider the nature of the violation and shall impose a greater penalty
if it was willful or resulted from gross negligence than if it resulted
from inadvertence or simple negligence.
(m) The agency is hereby empowered to initiate, negotiate and
participate in contracts and agreements among the local governmental
authorities of the region, or any other intergovernmental contracts or
agreements authorized by state or federal law.
(n) Each intergovernmental contract or agreement shall provide for
its own funding and staffing, but this shall not preclude financial
contributions from the local authorities concerned or from supplementary
sources.
(o) Every record of the agency, whether public or not, shall be
open for examination to the Legislature and Controller of the State of
California and the legislative auditor of the State of Nevada.
(p) Approval by the agency of any project expires 3 years after the
date of final action by the agency or the effective date of the
amendments to this compact, whichever is later, unless construction is
begun within that time and diligently pursued thereafter, or the use or
activity has commenced. In computing the 3-year period any period of time
during which the project is the subject of a legal action which delays or
renders impossible the diligent pursuit of that project shall not be
counted. Any license, permit or certificate issued by the agency which
has an expiration date shall be extended by that period of time during
which the project is the subject of such legal action as provided in this
subdivision.
(q) The governing body shall maintain a current list of real
property known to be available for exchange with the United States or
with other owners of real property in order to facilitate exchanges of
real property by owners of real property in the region.
ARTICLE VII. Environmental Impact Statements
(a) The Tahoe Regional Planning Agency when acting upon matters
that have a significant effect on the environment shall:
(1) Utilize a systematic, interdisciplinary approach which will
insure the integrated use of the natural and social sciences and the
environmental design arts in planning and in decision making which may
have an impact on man’s environment;
(2) Prepare and consider a detailed environmental impact statement
before deciding to approve or carry out any project. The detailed
environmental impact statement shall include the following:
(A) The significant environmental impacts of the proposed project;
(B) Any significant adverse environmental effects which cannot be
avoided should the project be implemented;
(C) Alternatives to the proposed project;
(D) Mitigation measures which must be implemented to assure meeting
standards of the region;
(E) The relationship between local short-term uses of man’s
environment and the maintenance and enhancement of long-term productivity;
(F) Any significant irreversible and irretrievable commitments of
resources which would be involved in the proposed project should it be
implemented; and
(G) The growth-inducing impact of the proposed project;
(3) Study, develop and describe appropriate alternatives to
recommended courses of action for any project which involves unresolved
conflicts concerning alternative uses of available resources;
(4) Make available to states, counties, municipalities,
institutions and individuals, advice and information useful in restoring,
maintaining and enhancing the quality of the region’s environment; and
(5) Initiate and utilize ecological information in the planning and
development of resource-oriented projects.
(b) Prior to completing an environmental impact statement, the
agency shall consult with and obtain the comments of any federal, state
or local agency which has jurisdiction by law or special expertise with
respect to any environmental impact involved. Copies of such statement
and the comments and views of the appropriate federal, state and local
agencies which are authorized to develop and enforce environmental
standards shall be made available to the public and shall accompany the
project through the review processes. The public shall be consulted
during the environmental impact statement process and views shall be
solicited during a public comment period not to be less than 60 days.
(c) Any environmental impact statement required pursuant to this
article need not repeat in its entirety any information or data which is
relevant to such a statement and is a matter of public record or is
generally available to the public, such as information contained in an
environmental impact report prepared pursuant to the California
Environmental Quality Act or a federal environmental impact statement
prepared pursuant to the National Environmental Policy Act of 1969.
However, such information or data shall be briefly described in the
environmental impact statement and its relationship to the environmental
impact statement shall be indicated.
In addition, any person may submit information relative to a
proposed project which may be included, in whole or in part, in any
environmental impact statement required by this article.
(d) In addition to the written findings specified by agency
ordinance to implement the regional plan, the agency shall make either of
the following written findings before approving a project for which an
environmental impact statement was prepared:
(1) Changes or alterations have been required in or incorporated
into such project which avoid or reduce the significant adverse
environmental effects to a less than significant level; or
(2) Specific considerations, such as economic, social or technical,
make infeasible the mitigation measures or project alternatives discussed
in the environmental impact statement on the project.
Ê A separate written finding shall be made for each significant effect
identified in the environmental impact statement on the project. All
written findings must be supported by substantial evidence in the record.
(e) The agency may charge and collect a reasonable fee from any
person proposing a project subject to the provisions of this compact in
order to recover the estimated costs incurred by the agency in preparing
an environmental impact statement under this article.
(f) The agency shall adopt by ordinance a list of classes of
projects which the agency has determined will not have a significant
effect on the environment and therefore will be exempt from the
requirement for the preparation of an environmental impact statement
under this article. Prior to adopting the list, the agency shall make a
written finding supported by substantial evidence in the record that each
class of projects will not have a significant effect on the environment.
ARTICLE VIII. Finances
(a) On or before September 30 of each calendar year the agency
shall establish the amount of money necessary to support its activities
for the next succeeding fiscal year commencing July 1 of the following
year. The agency shall apportion $75,000 of this amount among the
counties within the region on the same ratio to the total sum required as
the full cash valuation of taxable property within the region in each
county bears to the total full cash valuation of taxable property within
the region. In addition, each county within the region in California
shall pay $18,750 to the agency and each county within the region in
Nevada, including Carson City, shall pay $12,500 to the agency, from any
funds available therefor. The State of California and the State of Nevada
may pay to the agency by July 1 of each year any additional sums
necessary to support the operations of the agency pursuant to this
compact. If additional funds are required, the agency shall make a
request for the funds to the states of California and Nevada. Requests
for state funds must be apportioned two-thirds from California and
one-third from Nevada. Money appropriated shall be paid within 30 days.
(b) The agency may fix and collect reasonable fees for any services
rendered by it.
(c) The agency shall submit an itemized budget to the states for
review with any request for state funds, shall be strictly accountable to
any county in the region and the states for all funds paid by them to the
agency and shall be strictly accountable to all participating bodies for
all receipts and disbursement.
(d) The agency is authorized to receive gifts, donations,
subventions, grants, and other financial aids and funds; but the agency
may not own land except as provided in subdivision (i) of Article III.
(e) The agency shall not obligate itself beyond the moneys due
under this article for its support from the several counties and the
states for the current fiscal year, plus any moneys on hand or
irrevocably pledged to its support from other sources. No obligation
contracted by the agency shall bind either of the party states or any
political subdivision thereof.
ARTICLE IX. Transportation District
(a) The Tahoe transportation district is hereby established as a
special purpose district. The boundaries of the district are coterminous
with those of the region.
(b) The business of the district shall be managed by a board of
directors consisting of:
(1) One member of the county board of supervisors of each of the
counties of El Dorado and Placer who must be appointed by his respective
board of supervisors;
(2) One member of the city council of the City of South Lake Tahoe
who must be appointed by the city council;
(3) One member each of the board of county commissioners of Douglas
County and of Washoe County who must be appointed by his respective board
of county commissioners;
(4) One member of the board of supervisors of Carson City who must
be appointed by the board of supervisors;
(5) One member of the South Shore Transportation Management
Association or its successor organization who must be appointed by the
association or its successor organization;
(6) One member of the North Shore Transportation Management
Association or its successor organization who must be appointed by the
association or its successor organization;
(7) One member of each local transportation district in the region
that is authorized by the State of Nevada or the State of California who
must be appointed by his respective transportation district;
(8) One member appointed by a majority of the other voting
directors who represents a public or private transportation system
operating in the region;
(9) The director of the California Department of Transportation; and
(10) The director of the department of transportation of the State
of Nevada.
Ê Any entity that appoints a member to the board of directors, the
director of the California Department of Transportation or the director
of the department of transportation of the State of Nevada may designate
an alternate.
(c) Before a local transportation district appoints a member to the
board of directors pursuant to paragraph (7) of subdivision (b), the
local transportation district must enter into a written agreement with
the Tahoe transportation district that sets forth the responsibilities of
the districts for the establishment of policies and the management of
financial matters, including, but not limited to, the distribution of
revenue among the districts.
(d) The directors of the California Department of Transportation
and the department of transportation of the State of Nevada, or their
designated alternates, serve as nonvoting directors, but shall provide
technical and professional advice to the district as necessary and
appropriate.
(e) The vote of a majority of the directors must agree to take
action. If a majority of votes in favor of an action are not cast, an
action of rejection shall be deemed to have been taken.
(f) The Tahoe transportation district may by resolution establish
procedures for the adoption of its budgets, the appropriation of its
money and the carrying on of its other financial activities. These
procedures must conform insofar as is practicable to the procedures for
financial administration of the State of California or the State of
Nevada or one or more of the local governments in the region.
(g) The Tahoe transportation district may in accordance with the
adopted transportation plan:
(1) Own and operate a public transportation system to the exclusion
of all other publicly owned transportation systems in the region.
(2) Own and operate support facilities for public and private
systems of transportation, including, but not limited to, parking lots,
terminals, facilities for maintenance, devices for the collection of
revenue and other related equipment.
(3) Acquire or agree to operate upon mutually agreeable terms any
publicly or privately owned transportation system or facility within the
region.
(4) Hire the employees of existing public transportation systems
that are acquired by the district without loss of benefits to the
employees, bargain collectively with employee organizations, and extend
pension and other collateral benefits to employees.
(5) Contract with private companies to provide supplementary
transportation or provide any of the services needed in operating a
system of transportation for the region.
(6) Contract with local governments in the region to operate
transportation facilities or provide any of the services necessary to
operate a system of transportation for the region.
(7) Fix the rates and charges for transportation services provided
pursuant to this subdivision.
(8) Issue revenue bonds and other evidence of indebtedness and make
other financial arrangements appropriate for developing and operating a
public transportation system.
(9) By resolution, determine and propose for adoption a tax for the
purpose of obtaining services of the district. The tax proposed must be
general and of uniform operation throughout the region, and may not be
graduated in any way, except for a sales and use tax. If a sales and use
tax is approved by the voters as provided in this paragraph, it may be
administered by the states of California and Nevada respectively in
accordance with the laws that apply within their respective jurisdictions
and must not exceed a rate of 1 percent of the gross receipts from the
sale of tangible personal property sold in the district. The district is
prohibited from imposing any other tax measured by gross or net receipts
on business, an ad valorem tax, a tax or charge that is assessed against
people or vehicles as they enter or leave the region, and any tax, direct
or indirect, on gaming tables and devices. Any such proposition must be
submitted to the voters of the district and shall become effective upon
approval of the voters voting on the proposition who reside in the State
of California in accordance with the laws that apply within that state
and approval of the voters voting on the proposition who reside in the
State of Nevada in accordance with the laws that apply within that state.
The revenues from any such tax must be used for the service for which it
was imposed, and for no other purpose.
(10) Provide service from inside the region to convenient airport,
railroad and interstate bus terminals without regard to the boundaries of
the region.
(h) The legislatures of the states of California and Nevada may, by
substantively identical enactments, amend this article.
ARTICLE X. Miscellaneous
(a) It is intended that the provisions of this compact shall be
reasonably and liberally construed to effectuate the purposes thereof.
Except as provided in subdivision (c), the provisions of this compact
shall be severable and if any phrase, clause, sentence or provision of
this compact is declared to be contrary to the constitution of any
participating state or of the United States or the applicability thereof
to any government, agency, person or circumstance is held invalid, the
validity of the remainder of this compact and the applicability thereof
to any government, agency, person or circumstance shall not be affected
thereby. If this compact shall be held contrary to the constitution of
any state participating therein, the compact shall remain in full force
and effect as to the remaining state and in full force and effect as to
the state affected as to all severable matters.
(b) The agency shall have such additional powers and duties as may
hereafter be delegated or imposed upon it from time to time by the action
of the Legislature of either state concurred in by the Legislature of the
other.
(c) A state party to this compact may withdraw therefrom by
enacting a statute repealing the compact. Notice of withdrawal shall be
communicated officially and in writing to the Governor of the other state
and to the agency administrators. This provision is not severable, and if
it is held to be unconstitutional or invalid, no other provision of this
compact shall be binding upon the State of Nevada or the State of
California.
(d) No provision of this compact shall have any effect upon the
allocation, distribution or storage of interstate waters or upon any
appropriative water right.
(Added to NRS by 1968, 4; A 1979, 1135; 1980, 1; 1987, 28; 1997,
1125, 1147, effective upon proclamation by the Governor of this State
that the State of California has enacted amendments substantially similar
to the amendments approved in 1997 by the Legislature of this State and
upon approval by the Congress of the United States of the proposed
amendments of 1987)
All judicial actions and proceedings in which there may
arise a question of the validity of any matter under the provisions of
NRS 277.190 to 277.220 , inclusive, shall be advanced as a matter of
immediate public interest and concern, and be heard at the earliest
practicable moment.
(Added to NRS by 1971, 122; A 1999, 742 )
1. It is unlawful for any member of the governing body of the
Tahoe Regional Planning Agency to be interested in any contract made by
him, or be a purchaser or be interested in any purchase of a sale made by
him in the discharge of his official duties.
2. All contracts made in violation of subsection 1 may be declared
void at the instance of the Tahoe Regional Planning Agency, or of any
other party interested in such contract, except the member prohibited
from making or being interested in such contract.
3. Any person violating the provisions of this section, directly
or indirectly, shall forfeit his office, and shall be punished by a fine
of not more than $1,000, or by imprisonment in the state prison for not
more than 1 year, or by both fine and imprisonment.
(Added to NRS by 1968, 13)
1. Except as otherwise provided in subsection 3, every game
warden, sheriff and other peace officer of this state and its political
subdivisions may issue one or more of the following:
(a) Educational material provided by the Tahoe Regional Planning
Agency;
(b) An oral advisory; or
(c) A warning citation,
Ê to a person who violates, within the portion of the region that is
within the waters of this state, section 54.16(A), 54.16(B) or 81.2(E) of
the Code of Ordinances adopted by the Tahoe Regional Planning Agency and
in effect on April 1, 1999.
2. A game warden, sheriff or other peace officer who issues a
warning citation pursuant to subsection 1 shall report the name and
address of the person to whom such warning was issued to the Tahoe
Regional Planning Agency.
3. An agency that provides law enforcement or other public safety
services is not subject to the provisions of section 54.16(A), 54.16(B)
or 81.2(E) of the Code of Ordinances adopted by the Tahoe Regional
Planning Agency and in effect on April 1, 1999, when performing its
official duties during an emergency or disaster on the waters of Lake
Tahoe if such duties are performed in an effort to protect life or
property.
4. As used in this section:
(a) “Region” has the meaning ascribed to it in NRS 277.200 .
(b) “Waters of this state” means any waters within the territorial
limits of this state.
(Added to NRS by 1999, 741 )
The Account for the Tahoe Regional Planning
Agency is hereby established in the State General Fund and consists of
any money provided by direct legislative appropriation. Money in this
Account must be expended for the support of, or paid over directly to,
the Tahoe Regional Planning Agency in whatever amount and manner is
directed by each appropriation or provided by law.
(Added to NRS by 1968, 13; A 1985, 714)
REGIONAL DEVELOPMENT DISTRICTS
General Provisions
1. The Legislature hereby finds that:
(a) Problems of development in urban and rural regions of the State
so transcend the boundary lines of governmental units that no single unit
can plan for their solution without affecting other units in the region;
(b) Coordination of multijurisdictional activities is essential to
the development and implementation of effective policies and programs; and
(c) Intergovernmental cooperation is an effective means of pooling
the resources of local government to approach common problems and
opportunities to make the most effective use of local, state, federal and
private programs in serving the citizens of such urban and rural regions.
2. It is the purpose of NRS 277.300 to 277.390 ,
inclusive, to authorize the establishment of regional development
districts to work with and on behalf of governmental units to develop
plans or implement programs to address economic, social, physical and
governmental concerns of each region of the State.
3. A regional development district shall, as directed by its
board, serve as a regional resource center and shall provide planning,
community and economic development, and technical assistance to local
governments that are members of the district and may provide assistance
to industrial development organizations, tourism promotion organizations,
community development groups and similar organizations upon request.
(Added to NRS by 2003, 1954 )
For the purposes of NRS 277.300 to 277.390 ,
inclusive, the words and terms defined in NRS 277.310 to 277.330 ,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2003, 1954 )
“Board” means the board of directors
of a regional development district.
(Added to NRS by 2003, 1954 )
“Development region” or “region” means two or more contiguous counties
whose boundaries constitute the geographic area of a regional development
district.
(Added to NRS by 2003, 1954 )
“Governmental unit”
means a county, city, town or other political subdivision of the State.
(Added to NRS by 2003, 1954 )
“Regional development district” or “district” means a district created
pursuant to NRS 277.300 to 277.390
, inclusive.
(Added to NRS by 2003, 1954 )
“Subregional” means pertaining
to a portion of a development region.
(Added to NRS by 2003, 1954 )
Establishment and Governance
