USA Statutes : nevada
Title : Title 22 - COOPERATIVE AGREEMENTS BY PUBLIC AGENCIES; PLANNING AND ZONING; DEVELOPMENT AND REDEVELOPMENT
Chapter : CHAPTER 278 - PLANNING AND ZONING
As used in NRS 278.010 to 278.630 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 278.0105 to 278.0195
, inclusive, have the meanings ascribed
to them in those sections.
[1:110:1941; A 1947, 834; 1943 NCL § 5063]—(NRS A 1969, 327; 1973,
1335; 1975, 1562; 1977, 186, 1494; 1979, 1497; 1981, 1181; 1985, 2115;
1987, 932, 1391, 1488; 1989, 766; 1991, 580, 952, 956, 1382, 1386; 1993,
2559; 1995, 1105, 2062, 2063, 2225; 1997, 606; 1999, 1137 , 1421 , 1975 , 3365 , 3373 , 3465 ; 2001, 597 , 1246 , 2531 , 2804 ; 2003, 596 , 656 , 681 , 974 , 1738 , 2337 , 2966 ; 2005, 185 , 981 , 1583 )
“Affordable housing”
means housing affordable for a family with a total gross income less than
110 percent of the median gross income for the county concerned based
upon the estimates of the United States Department of Housing and Urban
Development of the most current median gross family income for the county.
(Added to NRS by 1995, 2225)
“Average
residential density” means the number of lots intended for residential
dwelling units within the boundaries of a subdivided or developed area,
divided by the total number of acres within the boundaries of the
subdivision or developed area.
(Added to NRS by 1999, 3363 )
“Building code” means
ordinances, plans, regulations or rulings adopted by the governing body
for the purpose of regulating and specifying the soundness of
construction of structures.
(Added to NRS by 1993, 2557)
“Building official”
means a person employed by a city or county who is charged with the
administration and enforcement of building codes. The term includes a
person appointed to fill the position of building official pursuant to
NRS 278.570 and an administrative
official of the city or county who is authorized by the city or county to
assume the functions of the position of building official pursuant to NRS
278.570 .
(Added to NRS by 2001, 1245 )
“Cities and counties”
means all counties and cities located in counties. Carson City is
considered as a county.
(Added to NRS by 1993, 2557)
“City surveyor” means a
person appointed as such or a person designated by a city council or
other legislative body of the city to perform the duties of a city
surveyor pursuant to this chapter.
(Added to NRS by 1993, 2557)
“Commission” or “planning commission” means the planning commission of
the city, the county or the region, as established by ordinance or by the
provisions of this chapter.
(Added to NRS by 1993, 2557)
“Common-interest community” has the meaning ascribed to it in NRS
116.021 .
(Added to NRS by 1993, 2557)
“County surveyor” means a
person appointed as such or a person designated by a board of county
commissioners or the Board of Supervisors of Carson City to perform the
duties of a county surveyor pursuant to this chapter.
(Added to NRS by 1993, 2557)
“Final map” means a map
prepared in accordance with the provisions of NRS 278.325 , 278.360 to
278.460 , inclusive, 278.472 , 278.4725
or 278.4955 and any applicable local
ordinance, which is designed to be placed on record in the office of the
county recorder of the county in which any part of the subdivision is
located or the recorder of Carson City.
(Added to NRS by 1993, 2557; A 1997, 2419)
“Gaming
enterprise district” has the meaning ascribed to it in NRS 463.0158
.
(Added to NRS by 2005, 1583 )
“Governing body” means the
city council or other legislative body of the city or the board of county
commissioners or, in the case of Carson City, the Board of Supervisors.
(Added to NRS by 1993, 2557)
“Improvement” means such
street work and utilities to be installed on land dedicated or to be
dedicated for streets and easements as are necessary for local drainage,
local traffic and the general use of property owners in the subdivision.
(Added to NRS by 1993, 2557)
“Infrastructure” or “public facilities” means water, sanitary sewer,
storm sewer, street, parks, fire, police and flood protection.
(Added to NRS by 1999, 3363 )
“Local ordinance” means an
ordinance enacted by the governing body of any city or county, pursuant
to the powers granted in NRS 278.010 to
278.630 , inclusive.
(Added to NRS by 1993, 2557)
“Lot” means a distinct part or parcel
of land which has been divided to transfer ownership or to build. The
term does not include a parcel of land used or intended solely for use as
a location for a water well.
(Added to NRS by 1993, 2558)
“Mobile home park” has
the meaning ascribed to “manufactured home park” in NRS 118B.017 .
(Added to NRS by 1999, 3464 ; A 2001, 1190 )
“Parcel map” means a map as
provided in NRS 278.461 , 278.462 , 278.463 ,
278.464 or 278.466 .
(Added to NRS by 1993, 2558; A 1997, 2419)
“Regional
planning coalition” means the regional planning coalition described in
NRS 278.02514 .
(Added to NRS by 1999, 1973 )
“Residential
dwelling unit” has the meaning ascribed to it in NRS 278.4977 .
(Added to NRS by 1999, 3363 )
“Right-of-way” includes all
public and private rights-of-way and all areas required for public use in
accordance with any master plan or parts thereof.
(Added to NRS by 1993, 2558)
“Rural
preservation neighborhood” means a subdivided or developed area:
1. Which consists of 10 or more residential dwelling units;
2. Where the outer boundary of each lot that is used for
residential purposes is not more than 330 feet from the outer boundary of
any other lot that is used for residential purposes;
3. Which has no more than two residential dwelling units per acre;
and
4. Which allows residents to raise or keep animals noncommercially.
(Added to NRS by 1999, 3363 )
“Streets” includes streets,
avenues, boulevards, roads, lanes, alleys, viaducts, public easements and
rights-of-way, and other ways.
(Added to NRS by 1993, 2558)
“Subdivider” means a person or
governmental entity which causes land to be divided into a subdivision
for himself or for others.
(Added to NRS by 1993, 2558)
“Tentative map” means a map
made to show the design of a proposed subdivision and the existing
conditions in and around it.
(Added to NRS by 1993, 2558)
“Used for
residential purposes” means a lot or parcel of land that is 5 acres or
less in area and contains a residential dwelling unit of a permanent
nature.
(Added to NRS by 1999, 3363 )
“Utility project” means:
1. An electric transmission line which is designed to operate at
200 kilovolts or more; or
2. A line used to transport natural gas which operates at 20
percent or more of the specified minimum yield strength of the material
from which the line is constructed,
Ê which has been approved for construction after October 1, 1991, by the
State or Federal Government or a governing body.
(Added to NRS by 1993, 2558)
1. For the purpose of promoting health, safety, morals, or the
general welfare of the community, the governing bodies of cities and
counties are authorized and empowered to regulate and restrict the
improvement of land and to control the location and soundness of
structures.
2. Any such regulation, restriction and control must take into
account:
(a) The potential impairment of natural resources and the total
population which the available natural resources will support without
unreasonable impairment; and
(b) The availability of and need for affordable housing in the
community, including affordable housing that is accessible to persons
with disabilities.
[2:110:1941; A 1947, 834; 1943 NCL § 5063.01]—(NRS A 1973, 1241;
1995, 2225)
1. In the manner prescribed by ordinance, a governing body may,
upon application of any person having a legal or equitable interest in
land, enter into an agreement with that person concerning the development
of that land. This agreement must describe the land which is the subject
of the agreement and specify the duration of the agreement, the permitted
uses of the land, the density or intensity of its use, the maximum height
and size of the proposed buildings and any provisions for the dedication
of any portion of the land for public use. The agreement may fix the
period within which construction must commence and provide for an
extension of that deadline.
2. Unless the agreement otherwise provides, the ordinances,
resolutions or regulations applicable to that land and governing the
permitted uses of that land, density and standards for design,
improvements and construction are those in effect at the time the
agreement is made.
3. This section does not prohibit the governing body from adopting
new ordinances, resolutions or regulations applicable to that land which
do not conflict with those ordinances, resolutions and regulations in
effect at the time the agreement is made, except that any subsequent
action by the governing body must not prevent the development of the land
as set forth in the agreement. The governing body is not prohibited from
denying or conditionally approving any other plan for development
pursuant to any ordinance, resolution or regulation in effect at the time
of that denial or approval.
4. The provisions of subsection 2 of NRS 278.315 and NRS 278.350 and 278.360
do not apply if an agreement entered into pursuant to this section
contains provisions which are contrary to the respective sections.
(Added to NRS by 1985, 2114; A 1991, 582; 1997, 2419)
1. The governing body may, if it finds that the provisions of the
agreement are consistent with the master plan, approve the agreement by
ordinance.
2. Within a reasonable time after approval of the agreement, the
clerk of the governing body shall cause the original agreement to be
recorded with the county recorder or the recorder of Carson City. Upon
recordation, the agreement binds all parties and their successors in
interest for the duration of the agreement.
(Added to NRS by 1985, 2114; A 2001, 1759 )
1. The agreement for development of land may be amended or
cancelled, in whole or in part, by mutual consent of the parties to the
agreement or their successors in interest, except that if the governing
body determines, upon a review of the development of the land held at
least once every 24 months, that the terms or conditions of the agreement
are not being complied with, it may cancel or amend the agreement without
the consent of the breaching party.
2. Notice of intention to amend or cancel any portion of the
agreement must be given by publication in a newspaper of general
circulation in the applicable city or county. The governing body may
approve any amendment to the agreement by ordinance if the amendment is
consistent with the master plan. The original of the amendment must be
filed for recording with the county recorder or the recorder of Carson
City.
(Added to NRS by 1985, 2114)
A
certified copy of any local ordinance adopting the agreement for the
development of property and any amendments thereto must be recorded in
the office of the county recorder or the recorder of Carson City.
(Added to NRS by 1985, 2115)
1. A governing body shall not adopt an ordinance, regulation or
plan or take any other action that prohibits or unreasonably restricts
the owner of real property from using a system for obtaining solar or
wind energy on his property.
2. Any covenant, restriction or condition contained in a deed,
contract or other legal instrument which affects the transfer, sale or
any other interest in real property that prohibits or unreasonably
restricts the owner of the property from using a system for obtaining
solar or wind energy on his property is void and unenforceable.
3. For the purposes of this section, “unreasonably restricting the
use of a system for obtaining solar or wind energy” means placing a
restriction or requirement on the use of such a system which
significantly decreases the efficiency or performance of the system and
does not allow for the use of an alternative system at a comparable cost
and with comparable efficiency and performance.
(Added to NRS by 1995, 1105; A 2005, 1820 )
If a governing body establishes a committee or task
force on sustainable energy, the committee or task force shall consider:
1. Standards for the efficient use of water;
2. Standards for the efficient use of energy, including, without
limitation, the use of sources of renewable energy;
3. Performance guidelines for new, remodeled and renovated
buildings; and
4. Performance guidelines for retrofit projects.
Ê including, without limitation, energy consumption, use of potable
water, use of water for landscaping purposes and solid waste disposal.
(Added to NRS by 2005, 22nd Special Session, 69 )
1. Except as otherwise provided in subsection 2:
(a) A governing body shall not adopt an ordinance, regulation or
plan or take any other action that prohibits an owner of real property
from engaging in the display of the flag of the United States on his
property.
(b) Any covenant, condition or restriction contained in a deed,
contract or other legal instrument which affects the transfer, sale or
any other interest in real property that prohibits the owner of the
property from engaging in the display of the flag of the United States on
his property is void and unenforceable.
2. The provisions of this section do not:
(a) Apply to the display of the flag of the United States for
commercial advertising purposes.
(b) Preclude a governing body from imposing reasonable restrictions
as to the time, place and manner of display of the flag of the United
States if the governing body determines that such restrictions are
necessary to protect the health, safety or welfare of the public. For the
purposes of this paragraph, reasonable restrictions as to the time, place
and manner of display of the flag of the United States may include,
without limitation, reasonable restrictions as to height and setback.
3. In any action commenced to enforce the provisions of this
section, the prevailing party is entitled to recover reasonable
attorney’s fees and costs.
4. As used in this section, “display of the flag of the United
States” means a flag of the United States that is:
(a) Made of cloth, fabric or paper;
(b) Displayed from a pole or staff or in a window; and
(c) Displayed in a manner that is consistent with 4 U.S.C. chapter
1.
Ê The term does not include a depiction or emblem of the flag of the
United States that is made of balloons, flora, lights, paint, paving
materials, roofing, siding or any other similar building, decorative or
landscaping component.
(Added to NRS by 2003, 2965 )
1. A governing body shall not adopt an ordinance, regulation or
plan or take any other action that precludes amateur service
communications or that in any other manner does not conform to the
provisions of 47 C.F.R. § 97.15 and the limited preemption entitled
“Amateur Radio Preemption, 101 F.C.C. 2d 952 (1985)” as issued by the
Federal Communications Commission.
2. If a governing body adopts an ordinance, regulation or plan or
takes any other action that regulates the placement, screening or height
of a station antenna structure based on health, safety or aesthetic
considerations, the ordinance, regulation, plan or action must:
(a) Reasonably accommodate amateur service communications; and
(b) Constitute the minimum level of regulation practicable to carry
out the legitimate purpose of the governing body.
3. The provisions of this section do not apply to any district
organized pursuant to federal, state or local law for the purpose of
historic or architectural preservation.
4. Any ordinance, regulation or plan adopted by or other action
taken by a governing body in violation of the provisions of this section
is void.
5. As used in this section:
(a) “Amateur radio services” has the meaning ascribed to it in 47
C.F.R. § 97.3.
(b) “Amateur service communications” means communications carried
out by one or more of the amateur radio services.
(c) “Amateur station” has the meaning ascribed to it in 47 C.F.R. §
97.3.
(d) “Station antenna structure” means the antenna that serves an
amateur station, including such appurtenances and other structures as may
be necessary to support, stabilize, raise, lower or otherwise adjust the
antenna.
(Added to NRS by 2001, 596 )
1. In any ordinance relating to the zoning of land adopted or
amended by a governing body, the definition of “single-family residence”
must include factory-built housing that has been built in compliance with
the standards for single-family residential dwellings of the Uniform
Building Code most recently adopted by the International Conference of
Building Officials.
2. An ordinance of the governing body may require factory-built
housing to comply with standards for safety which exceed the standards
prescribed in subsection 1 if a single-family residential dwelling on the
same lot is also required to comply with those standards.
3. The governing body shall adopt the same standards for
development for the factory-built housing and the lot on which it is
placed as those to which a conventional single-family residential
dwelling on the same lot would be subject, including, but not limited to:
(a) Requirements for the setback of buildings.
(b) Side and rear-yard requirements.
(c) Standards for enclosures, access and the parking of vehicles.
(d) Aesthetic requirements.
(e) Requirements for minimum square footage.
(f) Requirements for design, style and structure.
4. The governing body may prohibit the installation of
factory-built housing in a specified area if:
(a) More than 5 years have elapsed between the date of manufacture
of factory-built housing and the date of the application for the issuance
of a permit to install factory-built housing in the affected area; or
(b) The area contains a building, structure or other object having
a special character or special historical interest or value.
5. As used in this section, “factory-built housing” has the
meaning ascribed to it in NRS 461.080 .
6. The provisions of this section do not abrogate a recorded
restrictive covenant.
(Added to NRS by 1995, 2759)
1. Except as otherwise provided in this section, in an ordinance
relating to the zoning of land adopted or amended by a governing body,
the definition of “single-family residence” must include a manufactured
home.
2. Notwithstanding the provisions of subsection 1, a governing
body shall adopt standards for the placement of a manufactured home that
will not be affixed to a lot within a mobile home park which require that:
(a) The manufactured home:
(1) Be permanently affixed to a residential lot;
(2) Be manufactured within the 5 years immediately preceding
the date on which it is affixed to the residential lot;
(3) Have exterior siding and roofing which is similar in
color, material and appearance to the exterior siding and roofing
primarily used on other single-family residential dwellings in the
immediate vicinity of the manufactured home, as established by the
governing body;
(4) Consist of more than one section; and
(5) Consist of at least 1,200 square feet of living area
unless the governing body, by administrative variance or other expedited
procedure established by the governing body, approves a lesser amount of
square footage based on the size or configuration of the lot or the
square footage of single-family residential dwellings in the immediate
vicinity of the manufactured home; and
(b) If the manufactured home has an elevated foundation, the
foundation is masked architecturally in a manner determined by the
governing body.
Ê The governing body of a local government in a county whose population
is less than 40,000 may adopt standards that are less restrictive than
the standards set forth in this subsection.
3. Standards adopted by a governing body pursuant to subsection 2
must be objective and documented clearly and must not be adopted to
discourage or impede the construction or provision of affordable housing,
including, without limitation, the use of manufactured homes for
affordable housing.
4. Before a building department issues a permit to place a
manufactured home on a lot pursuant to this section, other than a new
manufactured home, the owner must surrender the certificate of ownership
to the Manufactured Housing Division of the Department of Business and
Industry. The Division shall provide proof of such a surrender to the
owner who must submit that proof to the building department.
5. The provisions of this section do not abrogate a recorded
restrictive covenant prohibiting manufactured homes nor do the provisions
apply within the boundaries of a historic district established pursuant
to NRS 384.005 or 384.100 . An application to place a manufactured home on a residential
lot pursuant to this section constitutes an attestation by the owner of
the lot that the placement complies with all covenants, conditions and
restrictions placed on the lot and that the lot is not located within a
historic district.
6. As used in this section:
(a) “Manufactured home” has the meaning ascribed to it in NRS
489.113 .
(b) “New manufactured home” has the meaning ascribed to it in NRS
489.125 .
(Added to NRS by 1999, 3464 ; A 2001, 1119 , 1964 )
1. In any ordinance adopted by a city or county, the definition of
“single-family residence” must include a:
(a) Residential facility for groups in which 10 or fewer unrelated
persons with disabilities reside with:
(1) House parents or guardians who need not be related to
any of the persons with disabilities; and
(2) If applicable, additional persons who are related to the
house parents or guardians within the third degree of consanguinity or
affinity.
(b) Home for individual residential care.
(c) Halfway house for recovering alcohol and drug abusers.
2. The provisions of subsection 1 do not prohibit a definition of
“single-family residence” which permits more persons to reside in a
residential facility for groups, nor does it prohibit regulation of homes
which are operated on a commercial basis. For the purposes of this
subsection, a residential facility for groups, a halfway house for
recovering alcohol and drug abusers or a home for individual residential
care shall not be deemed to be a home that is operated on a commercial
basis for any purposes relating to building codes or zoning.
3. The Health Division of the Department of Health and Human
Services shall compile and maintain a registry of information relating to
each residential establishment that exists in this State and shall make
available for access on the Internet or its successor, if any, the
information contained in the registry. The registry must include with
respect to each residential establishment:
(a) The name of the owner of the establishment;
(b) The name of the administrator of the establishment;
(c) The address of the establishment; and
(d) The number of clients for which the establishment is licensed.
Ê Any department or agency of a county or city that becomes aware of the
existence of a residential establishment that is not included in the
registry shall transmit such information to the Health Division, as is
necessary, for inclusion in the registry within 30 days after obtaining
the information.
4. The governing body of a county whose population is 100,000 or
more or the governing body of a city in such a county or any department
or agency of the city or county shall approve the first application
submitted on or after July 1, 2000, to operate a residential
establishment within a particular neighborhood in the jurisdiction of the
governing body. If a subsequent application is submitted to operate an
additional residential establishment at a location that is within the
minimum distance established by the governing body pursuant to this
subsection from an existing residential establishment, the governing body
shall review the application based on applicable zoning ordinances. The
requirements of this subsection do not require the relocation or
displacement of any residential establishment which existed before July
1, 2001, from its location on that date. The provisions of this
subsection do not create or impose a presumption that the location of
more than one residential establishment within the minimum distance of
each other established by the governing body pursuant to this subsection
is inappropriate under all circumstances with respect to the enforcement
of zoning ordinances and regulations. For purposes of this subsection,
each governing body shall establish by ordinance a minimum distance
between residential establishments that is at least 660 feet but not more
than 1,500 feet.
5. The governing body of a county or city shall not refuse to
issue a special use permit to a residential establishment that meets
local public health and safety standards.
6. The provisions of this section must not be applied in any
manner which would result in a loss of money from the Federal Government
for programs relating to housing.
7. As used in this section:
(a) “Halfway house for recovering alcohol and drug abusers” has the
meaning ascribed to it in NRS 449.008 .
(b) “Home for individual residential care” has the meaning ascribed
to it in NRS 449.0105 .
(c) “Person with a disability” means a person:
(1) With a physical or mental impairment that substantially
limits one or more of the major life activities of the person;
(2) With a record of such an impairment; or
(3) Who is regarded as having such an impairment.
(d) “Residential establishment” means a home for individual
residential care in a county whose population is 100,000 or more, a
halfway house for recovering alcohol and drug abusers or a residential
facility for groups.
(e) “Residential facility for groups” has the meaning ascribed to
it in NRS 449.017 .
(Added to NRS by 1983, 220; A 1987, 1163; 1999, 3365 ; 2001, 241 , 1907 ; 2003, 106 , 107 )
1. If any improvement project is caused to be constructed for
purposes of noise abatement by the governing body of a city or county
within the right-of-way of a controlled-access freeway, which obstructs
the visibility from the main-traveled way of the controlled-access
freeway of an outdoor advertising structure that adjoins the
controlled-access freeway, the governing body of the city or county shall:
(a) Authorize, with the consent of the Department of Transportation
pursuant to chapter 410 of NRS and at no cost to the State or any local government, the
owner of the outdoor advertising structure to adjust the height or angle
of the structure to a height or angle that restores the visibility of the
structure to the same or comparable visibility as before the construction
of the improvement project;
(b) Authorize, with the consent of the Department of Transportation
pursuant to chapter 410 of NRS and at no cost to the State or any local government, the
owner of the outdoor advertising structure to relocate the structure to
another location on the same parcel of land or on another parcel of land
where the owner of the structure has secured the right to construct a
structure pursuant to the applicable local ordinances in existence at
that time and the relocation restores the visibility of the structure to
the same or comparable visibility as before the construction of the
improvement project;
(c) Evaluate the impact of the improvement project on the
visibility of the outdoor advertising structure and may, in its
discretion, implement design modifications to the project which maintain
the integrity of the project and which eliminate the effect of the
project on the visibility of the structure so that adjustments to or
relocation of the structure are not required to maintain its visibility;
(d) Authorize, with the consent of the Department of Transportation
pursuant to chapter 410 of NRS and at no cost to the State or any local government, any
other relief which is consistent with the public health, safety and
welfare and which is mutually agreed upon by the governing body of the
city or county, the Department of Transportation and the owner of the
outdoor advertising structure; or
(e) If the actions described in paragraphs (a) to (d), inclusive,
would not result in the same or comparable visibility of the structure,
let the visibility of the structure remain obstructed.
2. Any action authorized pursuant to subsection 1 must comply with
applicable federal and state statutes and regulations, agreements with
the Federal Government or the State and, to the extent that their
provisions do not conflict with this section, local ordinances governing
the regulation of outdoor advertising structures.
3. The provisions of subsection 1 do not authorize the owner of an
outdoor advertising structure to increase the size of the area of display
of the structure.
4. A city or county may implement the provisions of this section
by ordinance or by variance or waiver from applicable ordinance, rule or
regulation.
5. The provisions of this section:
(a) Apply to lawfully erected conforming and nonconforming outdoor
advertising structures;
(b) Are not intended to grant an express or implied right of light,
air or view over a controlled-access freeway if such a right is not
otherwise provided by law;
(c) Do not apply to an outdoor advertising structure whose
visibility was obstructed on or before the effective date of this act by
an improvement project for noise abatement;
(d) Do not change the designation of an existing nonconforming
outdoor advertising structure from nonconforming to conforming; and
(e) Do not authorize an increase in the number of nonconforming
outdoor advertising structures.
6. As used in this section:
(a) “Controlled-access freeway” means every highway to or from
which owners or occupants of abutting lands and other persons are
prohibited from having direct private access, and where access is allowed
only at interchanges; and
(b) “Outdoor advertising structure” means a billboard, subject to a
permit issued by the Department of Transportation, that is designed,
intended or used to disseminate commercial and noncommercial messages
that do not concern the premises upon which the billboard is located.
(Added to NRS by 2005, 980 )
1. If a city or county, through the adoption, operation or
enforcement of any ordinance or code, requires the removal of a
nonconforming outdoor advertising structure, the city or county shall:
(a) Pay just compensation for the loss of the nonconforming outdoor
advertising structure to the owner of the nonconforming outdoor
advertising structure and to the owner of the real property upon which
the nonconforming outdoor advertising structure is located; or
(b) Authorize the owner of the nonconforming outdoor advertising
structure to relocate that structure to a site which is determined to be
a comparable site by the owner of the nonconforming outdoor advertising
structure and which is approved by the city or county as an appropriate
site for the structure.
2. If a city or county prohibits the owner of a nonconforming
outdoor advertising structure from engaging in routine maintenance of the
nonconforming outdoor advertising structure, the city or county shall
provide just compensation or authorize a comparable alternative location
for the nonconforming outdoor advertising structure in the same manner as
if the city or county had required the removal of the nonconforming
outdoor advertising structure pursuant to subsection 1.
3. A city or county shall not require the removal of a
nonconforming outdoor advertising structure to occur pursuant to an
amortization schedule, regardless of the length of the period set forth
in the amortization schedule.
4. The requirements of subsection 1 do not apply to a
nonconforming outdoor advertising structure that is:
(a) Required to be removed as a result of the owner of the real
property upon which the nonconforming outdoor advertising structure is
located terminating the lease that governs the placement of the
nonconforming outdoor advertising structure on that property pursuant to
the terms of that lease; or
(b) Destroyed or damaged in excess of 50 percent of its material
structural value as a result of a natural disaster, including, without
limitation, a fire, flood, earthquake, windstorm, rainstorm and snowstorm.
5. A city or county shall not require the removal of a
nonconforming outdoor advertising structure as a condition to the
development or redevelopment of the property upon which the nonconforming
outdoor advertising structure is located without first holding a public
hearing at which the owner of the nonconforming outdoor advertising
structure has an opportunity to be heard. The requirements of subsection
1 do not apply if, after the public hearing required by this subsection,
a city or county requires the removal of the nonconforming outdoor
advertising structure.
6. If the owner of a nonconforming outdoor advertising structure
or the owner of the real property upon which the nonconforming outdoor
advertising structure is located disagrees with the amount of just
compensation the city or county determines should be paid to him, the
owner may appeal the determination to a court of competent jurisdiction.
In determining the amount of just compensation that should be paid to an
owner pursuant to subsection 1, the court shall consider:
(a) The uniqueness of the location of the property upon which the
nonconforming outdoor advertising structure is erected;
(b) Whether the nonconforming outdoor advertising structure can be
relocated to a comparable site;
(c) The amount of income generated by the nonconforming outdoor
advertising structure; and
(d) The length of time remaining on any applicable term of a lease
governing the nonconforming outdoor advertising structure.
7. As used in this section:
(a) “Amortization schedule” means an extended period over which a
person is required to remove a nonconforming outdoor advertising
structure.
(b) “Just compensation” means the most probable price that a
nonconforming outdoor advertising structure would bring in a competitive
and open market under the conditions of a fair sale, without the price
being affected by undue stimulus.
(c) “Material structural value” means the cost of labor and
materials necessary to erect an outdoor advertising structure. The term
does not include any revenue or expenses related to the lease of real
property upon which the outdoor advertising structure is located.
(d) “Nonconforming outdoor advertising structure” means an outdoor
advertising structure which is constructed or erected in conformance with
all applicable local ordinances and codes in effect on the date a
building permit is issued for the outdoor advertising structure and which
does not conform subsequently because of a change to the local ordinances
or codes. The term does not include an outdoor advertising structure that
is authorized by a special use permit, conditional use permit, variance,
waiver, condition of zoning or other approval for the use of land if,
when the special use permit, conditional use permit, variance, waiver,
condition of zoning or other approval for the use of land was first
approved, the special use permit, conditional use permit, variance,
waiver, condition of zoning or other approval for the use of land was
limited by a specific condition which allowed or required the governing
body of the city or county to conduct a review of the structure.
(e) “Outdoor advertising structure” means any sign, display,
billboard or other device that is designed, intended or used to advertise
or inform readers about services rendered or goods produced or sold on
property other than the property upon which the sign, display, billboard
or other device is erected.
(f) “Routine maintenance” means normal repair and upkeep of the
structural integrity and appearance of a nonconforming outdoor
advertising structure. The term does not include any increase in the size
or height of the structure or any addition or enhancement to the
structure that increases the visual effect of the structure or increases
the impact on the use of the land in the area around the structure.
(Added to NRS by 2001, 2281 )
If a
governing body or other entity causes notice of a hearing to be provided
pursuant to NRS 278.0215 , 278.147
, 278.260 , 278.315 ,
278.4789 or 278.480 , the governing body or other entity shall
retain:
1. A copy of the notice;
2. A list of the persons or governmental entities to which the
notice was addressed; and
3. A record of the date on which the notice was deposited in the
United States mail, postage prepaid, or, if applicable, sent by
electronic means.
(Added to NRS by 2003, 2337 )
1. It is hereby declared a matter of legislative declaration and
belief that the morals of the youth of the State of Nevada are threatened
by the presence of adult motion picture theaters and adult bookstores
which are appearing throughout some of the communities of our State.
These establishments and the type and character of the merchandise and
paraphernalia sold in them create an aura of mystery and enticement for
Nevada’s youngsters that is increased by the lascivious and suggestive
advertising that is often employed to promulgate the availability of
these products and services. It is the intent of the Legislature to
minimize the exposure of our youth to the influence of these
establishments.
2. It is further the firm belief that the moral values of our
youth and therefore the mores of our society are in great part influenced
and determined by the family, but are affected by the presence of an
exposure to these establishments; therefore, it is the firm belief of the
Legislature that society has a vital duty and role in the protection of
our moral fiber and standards for the well being of us all as a society.
3. The location of these establishments is of vital concern to
society in regard to their location near areas where our youth may learn,
play, pass by, or would be exposed to their advertising, window displays,
or the general atmosphere encompassing their operation.
(Added to NRS by 1973, 321)
1. “Adult motion picture theater” means a motion picture theater
whose program, during the time of its operation, contains one or more
motion pictures which are rated “X” by the Code Rating Administration of
the Motion Picture Association of America, or are not rated, and whose
program is intended to appeal to the prurient interests of the viewer.
2. “Adult bookstore,” for the purposes of this chapter, means an
establishment which merchandises printed material or movies which are
intended to appeal to the prurient interests of the reader.
(Added to NRS by 1973, 321)
A commission may recommend or a governing body may adopt
zoning regulations restricting the construction, reconstruction,
alteration, repair or use of buildings, structures or land as adult
bookstores or adult motion picture theaters to specific districts within
the geographical jurisdiction of the commission and governing body.
(Added to NRS by 1973, 321)
The governing body of each local government whose
budget includes any expenditure for the acquisition or maintenance of a
capital improvement shall annually prepare a plan for capital
improvements which conforms with its master plan and which includes at
least the 3 ensuing fiscal years but not more than 20 fiscal years. The
plan for capital improvements must identify:
1. Costs that the local government expects to incur; and
2. Sources of revenue that the local government will use,
Ê to acquire, maintain, operate and replace capital improvements.
(Added to NRS by 1989, 188; A 1989, 768; 1999, 2124 )
Where parts of the territory of any
county or city lie within the jurisdiction of different regional planning
commissions or other planning authorities, the governing body of such
county or city may enact a separate building, subdivision, zoning or
similar ordinance for each such part of its territory.
(Added to NRS by 1969, 861)
1. Each governing body shall require by ordinance that the owner
of every:
(a) Apartment complex place the number of its street address on the
complex in such a manner that the police, fire department and other
persons responding to an emergency can readily locate individual dwelling
units within the complex.
(b) Commercial shopping center place on the back door of each
business in the shopping center, in numerals at least 3 inches high, a
number identifying that business.
(c) Building which is owned by or leased to the State or a
political subdivision thereof and located within the jurisdiction of the
governing body place the number of its street address on the front of the
building in such a manner that the police, fire department and other
persons responding to an emergency can readily locate the building.
(d) Building which is used for commercial purposes place the number
of its street address on the front of the building in such a manner that
the police, fire department and other persons responding to an emergency
can readily locate the building.
2. If, during an inspection of a building, any member of a fire
department becomes aware of a violation of an ordinance adopted pursuant
to subsection 1, the chief officer of the fire department or an employee
designated by him, shall give notice of the violation to the owner or
occupant of the building.
3. As used in this section, “apartment complex” means a building
or group of buildings, each building of which is arranged in several
suites of connecting rooms, each suite designed for independent
housekeeping.
(Added to NRS by 1987, 1488; A 1991, 998)
1. Except as otherwise provided in subsection 2, a governing body
shall not require an owner of property to maintain, reconstruct or repair
a sidewalk in a public right-of-way that abuts his property.
2. The provisions of subsection 1 do not prohibit a governing body
from:
(a) Imposing an assessment or other charge authorized by law for
any reconstruction or repair of a sidewalk that the governing body causes
to be performed within a public right-of-way;
(b) Requiring any reconstruction or repair of a sidewalk as a
condition of approval for a change in the use of the land;
(c) Requiring an owner of property to maintain a sidewalk in a
public right-of-way that abuts his property if the sidewalk was
constructed pursuant to standards that exceed the general standards of
the governing body for sidewalks; or
(d) Requiring, by ordinance, owners of property to be responsible
for:
(1) The repair and reconstruction of a sidewalk in the
public right-of-way that abuts the property of the owner if the owner
caused the need for such repair or reconstruction.
(2) The general maintenance of a sidewalk in the public
right-of-way that abuts the property of the owner, including, without
limitation, sweeping, removal of snow, ice and weeds, and maintenance of
any grass, shrubs or trees that encroach on the sidewalk.
(Added to NRS by 2003, 1738 )
1. Except as otherwise provided in subsection 2, a governing body
shall not require an owner of land to dedicate real property or any
interest in real property as a condition for the issuance of a building
permit.
2. The provisions of subsection 1 do not prohibit:
(a) A governing body from requiring, before the issuance of a
building permit, that an owner of land comply with any applicable
conditions of a discretionary approval, including, without limitation, a
special use permit, that has been granted previously; or
(b) The application of any requirements that a governing body
imposes by ordinance with respect to a broad class of owners of land.
(Added to NRS by 2003, 656 )
1. Before a mobile home park is closed or converted to any other
use, the person proposing the closure or conversion shall file with the
appropriate planning commission or governing body a report containing
information concerning the closure or conversion of the park. The report
must address the availability of comparable parks in the area and the
cost of relocating a mobile home to another park.
2. The planning commission or governing body shall make the report
available for review by the general public.
(Added to NRS by 1987, 932)
A governing body, commission or
board whose approval is necessary pursuant to NRS 278.010 to 278.630 ,
inclusive, for the conversion of an existing mobile home park into
individually owned mobile home lots:
1. Except as otherwise provided in subsection 2, may not require
any change to existing densities, uses, lot sizes, setbacks or other
similar restrictions applicable to the mobile home park as a condition of
the approval of the conversion.
2. May impose reasonable restrictions related to health and safety
as a condition of the approval of the conversion.
(Added to NRS by 2003, 681 )
1. Any person who has any right, title or interest in real
property, and who has filed with the appropriate state or local agency an
application for a permit which is required by statute or an ordinance,
resolution or regulation adopted pursuant to NRS 278.010 to 278.630 ,
inclusive, before that person may improve, convey or otherwise put that
property to use, may bring an action against the agency to recover actual
damages caused by:
(a) Any final action, decision or order of the agency which imposes
requirements, limitations or conditions upon the use of the property in
excess of those authorized by ordinances, resolutions or regulations
adopted pursuant to NRS 278.010 to
278.630 , inclusive, in effect on the
date the application was filed, and which:
(1) Is arbitrary or capricious; or
(2) Is unlawful or exceeds lawful authority.
(b) Any final action, decision or order of the agency imposing a
tax, fee or other monetary charge that is not expressly authorized by
statute or that is in excess of the amount expressly authorized by
statute.
(c) The failure of the agency to act on that application within the
time for that action as limited by statute, ordinance or regulation.
2. An action must not be brought under subsection 1:
(a) Where the agency did not know, or reasonably could not have
known, that its action, decision or order was unlawful or in excess of
its authority.
(b) Based on the invalidation of an ordinance, resolution or
regulation in effect on the date the application for the permit was filed.
(c) Where a lawful action, decision or order of the agency is taken
or made to prevent a condition which would constitute a threat to the
health, safety, morals or general welfare of the community.
(d) Where the applicant agrees in writing to extensions of time
concerning his application.
(e) Where the applicant agrees in writing or orally on the record
during a hearing to the requirements, limitations or conditions imposed
by the action, decision or order, unless the applicant expressly states
in writing or orally on the record during the hearing that a requirement,
limitation or condition is agreed to under protest and specifies which
paragraph of subsection 1 provides cause for the protest.
(f) For unintentional procedural or ministerial errors of the
agency.
(g) Unless all administrative remedies have been exhausted.
(h) Against any individual member of the agency.
(Added to NRS by 1983, 2099; A 1995, 1035)
No action or
proceeding may be commenced for the purpose of seeking judicial relief or
review from or with respect to any final action, decision or order of any
governing body, commission or board authorized by NRS 278.010 to 278.630 ,
inclusive, unless the action or proceeding is commenced within 25 days
after the date of filing of notice of the final action, decision or order
with the clerk or secretary of the governing body, commission or board.
(Added to NRS by 1971, 1264; A 1991, 48)
1. It is a complete defense to any action brought under NRS
278.0233 against a political
subdivision of this State that the final action, decision or order
complained of was required by federal or state law or by a regulation of
a state agency which became effective after the date on which the
application for a permit was filed.
2. The court may award reasonable attorney’s fees, court costs and
interest to the prevailing party in an action brought under NRS 278.0233
.
3. The remedy prescribed by NRS 278.0233 is in addition to any other remedy provided
by law.
(Added to NRS by 1983, 2100; A 1995, 1036)
RED ROCK CANYON
In the region
of this State for which the Red Rock Canyon Conservation Area and
Adjacent Lands Act establishes limits upon development, the powers
conferred by this chapter which relate to planning, subdivision
regulation and zoning are subordinate to those limits.
(Added to NRS by 2003, 596 )
REGIONAL PLANNING AGENCIES
[Effective upon proclamation by Governor of withdrawal of California from
Tahoe Regional Planning Compact or of his finding that the Tahoe Regional
Planning Agency has become unable to perform its duties or exercise its
powers.]
1. In the region of this State for which there has been created by
NRS 278.780 to 278.828 , inclusive, a regional planning agency, the
powers conferred by NRS 278.010 to
278.630 , inclusive, upon any other
authority are subordinate to the powers of such regional planning agency,
and may be exercised only to the extent that their exercise does not
conflict with any ordinance or plan adopted by such regional planning
agency. The powers conferred by NRS 278.010 to 278.630 ,
inclusive, shall be exercised whenever appropriate in furtherance of a
plan adopted by the regional planning agency.
2. Upon the adoption by a regional planning agency created by NRS
278.780 to 278.828 , inclusive, of any regional plan, any plan
adopted pursuant to NRS 278.010 to
278.630 , inclusive, shall cease to be
effective as to the territory embraced in such regional plan. Each
planning commission and governing body whose previously adopted plan is
so affected shall, within 90 days after the effective date of the
regional plan, initiate any necessary procedure to revise its plan and
any related zoning ordinances which affect adjacent territory.
(Added to NRS by 1969, 50; A 1979, 1127, effective upon
proclamation by Governor of withdrawal of California from Tahoe Regional
Planning Compact or of his finding that the Tahoe Regional Planning
Agency has become unable to perform its duties or exercise its powers)
1. In any region of this State for which there has been created by
interstate compact a regional planning agency, the powers conferred by
NRS 278.010 to 278.630 , inclusive, are subordinate to the powers of
such regional planning agency, and may be exercised only to the extent
that their exercise does not conflict with any ordinance or plan adopted
by such regional planning agency. The powers conferred by NRS 278.010
to 278.630 , inclusive, shall be exercised whenever
appropriate in furtherance of a plan adopted by the regional planning
agency.
2. Upon the adoption by a regional planning agency created by
interstate compact of any regional plan or interim plan, any plan adopted
pursuant to NRS 278.010 to 278.630
, inclusive, shall cease to be effective
as to the territory embraced in such regional or interim plan. Each
planning commission and governing body whose previously adopted plan is
so affected shall, within 90 days after the effective date of the
regional or interim plan, initiate any necessary procedure to revise its
plan and any related zoning ordinances which affect adjacent territory.
(Added to NRS by 1968, 14)
REGIONAL PLANNING IN COUNTIES WHOSE POPULATION IS 400,000 OR MORE
General Provisions
The provisions of NRS 278.02507
to 278.02598 , inclusive, apply only to counties whose
population is 400,000 or more and cities located within those counties.
(Added to NRS by 1999, 3364 )
In a
county whose population is 400,000 or more, the board of county
commissioners and the city council of each of at least the three largest
cities in the county shall establish a regional planning coalition by
cooperative agreement pursuant to chapter 277
of NRS.
(Added to NRS by 1999, 1973 ; A 1999, 3374 )
Comprehensive Regional Policy Planning
1. The Legislature recognizes the need for innovative strategies
of planning and development that:
(a) Address the anticipated needs and demands of continued
urbanization and the corresponding need to protect environmentally
sensitive areas; and
(b) Will allow the development of less populous regions of this
State if such regions:
(1) Seek increased economic development; and
(2) Have sufficient resources of land and water to
accommodate development in a manner that is environmentally sound.
2. The Legislature further recognizes that innovative strategies
of planning and development may be superior to conventional strategies of
planning and development with respect to:
(a) Protecting environmentally sensitive areas;
(b) Maintaining the economic viability of agricultural and other
predominantly rural land uses; and
(c) Providing cost-effective public facilities and services.
3. It is the intent of the Legislature that each comprehensive
regional policy plan adopted or amended pursuant to this chapter should
set forth a process of planning which:
(a) Allows for:
(1) The efficient use of land within existing urban areas;
and
(2) The conversion of rural lands to other uses, if such
other uses are appropriate and consistent with the provisions of this
chapter and the master plan of each affected city and county.
(b) Uses innovative and flexible strategies of planning and
development and creative techniques of land use planning which promote
sustainable growth, including, without limitation, establishment of new
towns, the maintenance of open space and mixed-use development.
4. It is the further intent of the Legislature that when the
governing body of a local government adopts a master plan or zoning
regulation, the plan or regulation should promote a strategy of
maximizing the use of existing facilities and services through
redevelopment, interspersion of new housing and businesses in established
neighborhoods and other mechanisms for urban revitalization.
5. It is the further intent of the Legislature that the
construction of public facilities and the provision of services necessary
to support development should be coordinated with activities of
development to ensure that demand for such facilities and services can be
met at the time the demand is created. In carrying out this intent, local
and regional governmental entities are encouraged to construct public
facilities, including, without limitation, buildings that are certified
in accordance with the Leadership in Energy and Environmental Design
Green Building System or its equivalent, provide services or carry out
development in phases. Public facilities constructed and services
provided to accommodate new development should be consistent with plans
for capital improvements prepared pursuant to NRS 278.0226 .
(Added to NRS by 1999, 1926 ; A 2005, 1583 )
1. The regional planning coalition shall develop a comprehensive
regional policy plan for the balanced economic, social, physical,
environmental and fiscal development and orderly management of the growth
of the region for a period of at least 20 years. The comprehensive
regional policy plan must contain recommendations of policy to carry out
each part of the plan.
2. In developing the plan, the coalition:
(a) May consult with other entities that are interested or involved
in regional planning within the county.
(b) Shall ensure that the comprehensive regional policy plan
includes goals, policies, maps and other documents relating to:
(1) Conservation, including, without limitation, policies
relating to the use and protection of natural resources.
(2) Population, including, without limitation, standardized
projections for population growth in the region.
(3) Land use and development, including, without limitation,
a map of land use plans that have been adopted by local governmental
entities within the region, and that the plan addresses, if applicable,
mixed-use development, transit-oriented development, master-planned
communities and gaming enterprise districts.
(4) Transportation.
(5) The efficient provision of public facilities and
services, including, without limitation, roads, water and sewer service,
police and fire protection, mass transit, libraries and parks.
(6) Air quality.
(7) Strategies to promote and encourage:
(I) The interspersion of new housing and businesses in
established neighborhoods; and
(II) Development in areas in which public services are
available.
3. The regional planning coalition shall not adopt or amend the
comprehensive regional policy plan unless the adoption or amendment is by
resolution of the regional planning coalition:
(a) Carried by the affirmative votes of not less than two-thirds of
its total membership; and
(b) Ratified by the board of county commissioners of the county and
the city council of each city that jointly established the regional
planning coalition pursuant to NRS 278.02514 .
(Added to NRS by 1999, 1928 ; A 1999, 3370 ; 2005, 1584 )
1. The regional planning coalition shall study and develop methods
to provide incentives for:
(a) The interspersion of new housing and businesses in established
neighborhoods, including, without limitation, the:
(1) Creation of an expedited process for granting necessary
permits for a development that features such interspersion; and
(2) Imposition of a fee for the extension of infrastructure
to encourage such interspersion.
(b) Mixed-use development, transit-oriented development, the
development of a brownfield site and development which minimizes the
negative impact on the environment. As used in this paragraph,
“brownfield site” has the meaning ascribed to it in 42 U.S.C. § 9601.
(c) Large commercial development which provides employee parking at
a site other than the commercial development. Such incentives may be
developed in cooperation with the regional transportation commission and
other governmental entities.
2. As used in this section, “infrastructure” means publicly owned
or publicly supported facilities that are necessary or desirable to
support intense habitation within a region, including, without
limitation, parks, roads, schools, libraries, community centers, police
and fire protection, sanitary sewers, facilities for mass transit and
facilities for the conveyance of water and the treatment of wastewater.
(Added to NRS by 1999, 1928 ; A 1999, 3371 ; 2005, 1585 )
”
1. The regional planning coalition may:
(a) Coordinate sources of information.
(b) Recommend measures to increase the efficiency of governmental
entities and services.
(c) Make recommendations regarding the disposal of federal land.
(d) Establish methods for resolving issues related to annexation,
boundaries and other matters that arise between jurisdictions.
(e) At least every 5 years, review:
(1) Master plans, facilities plans and other similar plans,
and amendments thereto, adopted by a governing body, regional agency,
state agency or public utility that is located in whole or in part within
the region; and
(2) The annual plan for capital improvements that is
prepared by each local government in the region pursuant to NRS 278.0226
.
(f) Develop and recommend, to the extent practicable, standardized
classifications for land use for the region.
(g) Consider and take necessary action with respect to any issue
that the regional planning coalition determines will have a significant
impact on the region, including, without limitation, projects of regional
significance.
(h) Review, consider and make recommendations regarding
applications submitted to agencies of the Federal Government and
applications for federal assistance for federally assisted programs or
projects.
(i) Designate allowable future land uses for each part of the
county, including, without limitation, the identification of each
category of land use in which the construction and operation of a public
school is permissible. The identification of a category of land use in
which the construction and operation of a public school is permissible
must be carried out in consultation with the county school district and
include a determination of whether there is sufficient land in the
proximity of a residential development to meet projected needs for public
schools.
2. The regional planning coalition shall establish a definition
for the term “project of regional significance.” In establishing the
definition, the regional planning coalition shall consider:
(a) Existing definitions of the term within the Nevada Revised
Statutes; and
(b) That a project may have regional significance for several
reasons, including, without limitation, the potential impact that the
project may have on historic, archaeological, cultural, scenic and
natural resources, public facilities, including, without limitation,
schools, and public services within the region.
(Added to NRS by 1999, 1929 ; A 1999, 3371 ; 2001, 2116 ; 2005, 1585 )
1. Each governing body, regional agency, state agency or public
utility that is located in whole or in part within the region shall, at
least every 5 years, submit to the regional planning coalition for its
review all master plans, facilities plans and other similar plans of the
governing body, regional agency, state agency or public utility.
2. Each regional agency and state agency that is located in whole
or in part within the region shall, to the extent practicable, ensure
that all its master plans, facilities plans and other similar plans and
decisions pertaining to the use of land are consistent with:
(a) The comprehensive regional policy plan developed and adopted by
the regional planning coalition pursuant to NRS 278.02528 ; and
(b) The master plans, facilities plans and other similar plans of a
city or county which have been certified by the regional planning
coalition pursuant to subsection 4 of NRS 278.02577 as being in substantial conformance with the
comprehensive regional policy plan.
(Added to NRS by 1999, 1929 ; A 1999, 3372 ; 2001, 2117 )
Except as otherwise provided in this section, a governing body, regional
agency, state agency or public utility that is located in whole or in
part within the region shall not adopt a master plan, facilities plan or
other similar plan, or an amendment thereto, after March 1, 2001, unless
the regional planning coalition has been afforded an opportunity to make
recommendations regarding the plan or amendment. A governing body,
regional agency, state agency or public utility may adopt an amendment to
a land use plan described in paragraph (f) of subsection 1 of NRS 278.160
without affording the regional planning
coalition the opportunity to make recommendations regarding the amendment.
(Added to NRS by 1999, 1929 )
The regional
planning coalition shall, on or before July 1 of each year, prepare and
adopt a budget for the immediately succeeding fiscal year and shall
submit that budget to each of the local governments within the region as
a recommendation for funding.
(Added to NRS by 1999, 1930 )
The
regional planning coalition may employ persons or contract for services
necessary to carry out:
1. The provisions of NRS 278.02528 to 278.02577 , inclusive; and
2. Other responsibilities set forth in the cooperative agreement
pursuant to which the regional planning coalition was established
pursuant to NRS 278.02514 .
(Added to NRS by 1999, 1930 ; A 1999, 3372 )
1. At least every 5 years, the regional planning coalition shall
review the master plans, facilities plans and other similar plans that it
receives pursuant to NRS 278.02549 ,
and determine whether those plans are in substantial conformance with the
comprehensive regional policy plan.
2. If the regional planning coalition determines that a plan
reviewed pursuant to subsection 1 is not in substantial conformance with
the comprehensive regional policy plan, the regional planning coalition
shall return the plan to the submitting entity accompanied by
recommendations regarding the manner in which the submitting entity may
bring the plan into substantial conformance with the comprehensive
regional policy plan.
3. Within 90 days after the date on which a submitting entity
receives the plan and recommendations from the regional planning
coalition pursuant to subsection 2, the submitting entity shall provide
to the regional planning coalition a written response setting forth the:
(a) Manner in which the submitting entity changed the plan to be in
substantial conformance with the comprehensive regional policy plan; or
(b) Reasons of the submitting entity for not bringing the plan into
substantial conformance.
4. If the regional planning coalition determines that all the
plans that a city or county is required to submit pursuant to NRS
278.02549 are in substantial
conformance with the comprehensive regional policy plan, the regional
planning coalition shall issue to the city or county a certificate or
other indicia of that determination. Upon receipt of such a certificate
or other indicia, the city or county, until the next time the regional
planning coalition reviews the plans of the city or county pursuant to
subsection 1, is entitled to establish its own policies and procedures
with respect to regional planning, to the extent that those policies and
procedures do not conflict with federal or state law.
5. The regional planning coalition may, within the limits of
legislative appropriations and other available money, provide grants to a
city or county if the regional planning coalition has issued to the city
or county a certificate or other indicia pursuant to subsection 4 of the
determination of the regional planning coalition that all the plans that
the city or county is required to submit pursuant to NRS 278.02549 are in substantial conformance with the
comprehensive regional policy plan. Grants provided to a city or county
pursuant to this subsection must be expended by the city or county only
to pay the costs of establishing, maintaining and carrying out programs
related to land use planning.
(Added to NRS by 1999, 1930 ; A 1999, 3372 ; 2001, 2117 )
Integrated, Long-Range Planning for Land Use, Transportation and Air
Quality
1. The regional planning coalition shall cooperate with the local
air pollution control board and the regional transportation commission in
the county in which it is located to:
(a) Ensure that the plans, policies and programs adopted by each of
them are consistent to the greatest extent practicable.
(b) In addition to the comprehensive regional policy plan required
by NRS 278.02528 , establish and carry
out a program of integrated, long-range planning that conserves the
economic, financial and natural resources of the region and supports a
common vision of desired future conditions.
2. Before adopting or amending a plan, policy or program, the
regional planning coalition shall:
(a) Consult with the local air pollution control board and the
regional transportation commission; and
(b) Conduct hearings to solicit public comment on the consistency
of the plan, policy or program with:
(1) The plans, policies and programs adopted or proposed to
be adopted by the local air pollution control board and the regional
transportation commission; and
(2) Plans for capital improvements that have been prepared
pursuant to NRS 278.0226 .
3. If the program for control of air pollution established and
administered by the local air pollution control board includes measures
for the control of traffic or transportation, the regional planning
coalition shall consider recommending the use of alternative land use
designations, densities and design standards to meet local and regional
needs with respect to transportation.
4. Not more than once every 2 years, the regional planning
coalition shall:
(a) Prepare a report that summarizes the policies related to land
use, transportation and air quality which it has adopted and which the
local air pollution control board and the regional transportation
commission have adopted; and
(b) Submit a copy of the report to the:
(1) County clerk of the appropriate county;
(2) Division of Environmental Protection of the State
Department of Conservation and Natural Resources;
(3) Division of State Lands of the State Department of
Conservation and Natural Resources; and
(4) Department of Transportation.
5. As used in this section:
(a) “Local air pollution control board” means a board that
establishes a program for the control of air pollution pursuant to NRS
445B.500 .
(b) “Regional transportation commission” means a regional
transportation commission created and organized in accordance with
chapter 373 of NRS.
(Added to NRS by 1999, 1974 ; A 1999, 3375 )
Extension of Infrastructure to Undeveloped Areas
1. A governing body may establish, independently or in conjunction
with another governing body, an analysis of the cost to construct
infrastructure in an area which is relatively undeveloped and which is
likely to become developed.
2. The analysis of the cost to construct infrastructure in an area
that is relatively undeveloped must include, without limitation:
(a) A precise description of the area, either in the form of a
legal description or by reference to roadways, lakes and waterways,
railroads or similar landmarks, and township, county or city boundaries;
(b) An estimate of the expected total population of the area when
the land becomes fully developed;
(c) An assessment of the infrastructure that will be necessary to
support the area when it becomes fully developed according to the master
plan adopted by the governing body pursuant to NRS 278.220 ; and
(d) A plan for the development of the infrastructure which
includes, without limitation:
(1) Any minimum requirements for the development of
infrastructure that have been determined by the regional planning
coalition;
(2) A plan to meet the anticipated needs of the area for
police and fire protection, parks, roads, regional transportation and
flood control facilities when the land becomes fully developed;
(3) An estimate of the date on which each phase of the
development will occur;
(4) The manner in which the plan for the development of the
infrastructure will be implemented; and
(5) An economic analysis of the cost to plan and develop
fully the infrastructure for the area.
3. The governing body may, if it finds that the analysis of the
projected need for infrastructure is consistent with the master plan,
approve the analysis by ordinance.
4. The governing body shall provide the necessary copies of the
analysis to the regional planning coalition for review and information.
(Added to NRS by 1999, 3364 )
1. A governing body may carry out the plan for infrastructure by
negotiating master development agreements, independently or in
conjunction with an interlocal agreement for the area.
2. As used in this section, “master development agreement” means a
written agreement:
(a) Between a governing body and a person who has a legal or
equitable interest in land that is entered into upon the application of
the person who wishes to develop that land;
(b) To enable the governing body to distribute equitably the costs
to develop infrastructure for an area of land that is largely
undeveloped; and
(c) That is based on an analysis of the need for infrastructure
that is prepared pursuant to NRS 278.02591 .
(Added to NRS by 1999, 3365 )
REGIONAL PLANNING IN COUNTIES WHOSE POPULATION IS 100,000 OR MORE BUT
LESS THAN 400,000
As used in NRS 278.026 to 278.029 ,
inclusive, unless the context otherwise requires:
1. “Affected entity” means a public utility, franchise holder,
local or regional agency, or any other entity having responsibility for
planning or providing public facilities relating to transportation, solid
waste, energy generation and transmission, conventions and the promotion
of tourism, air quality or public education. The term does not include:
(a) A state agency; or
(b) A public utility which is subject to regulation by the Public
Utilities Commission of Nevada.
2. “Facilities plan” means a plan for the development of public
facilities which will have a regional impact or which will aid in
accomplishing regional goals relating to transportation, solid waste,
energy generation and transmission, conventions and the promotion of
tourism, air quality or public education. The term does not include a
plan for the development of a specific site or regulations adopted by an
affected entity to implement the comprehensive regional plan.
3. “Governing board” means the governing board for regional
planning created pursuant to NRS 278.0264 .
4. “Joint planning area” means an area that is the subject of
common study and planning by the governing body of a county and one or
more cities.
5. “Project of regional significance,” with respect to a project
proposed by any person other than a public utility, means a project which:
(a) Has been identified in the guidelines of the regional planning
commission as a project which will result in the loss or significant
degradation of a designated historic, archeological, cultural or scenic
resource;
(b) Has been identified in the guidelines of the regional planning
commission as a project which will result in the creation of significant
new geothermal or mining operations;
(c) Has been identified in the guidelines of the regional planning
commission as a project which will have a significant effect on the
natural resources, public services, public facilities, including, without
limitation, schools, or the adopted regional form of the region; or
(d) Will require a change in zoning, a special use permit, an
amendment to a master plan, a tentative map or other approval for the use
of land which, if approved, will have an effect on the region of
increasing:
(1) Employment by not less than 938 employees;
(2) Housing by not less than 625 units;
(3) Hotel accommodations by not less than 625 rooms;
(4) Sewage by not less than 187,500 gallons per day;
(5) Water usage by not less than 625 acre feet per year; or
(6) Traffic by not less than an average of 6,250 trips daily.
Ê The term does not include any project for which a request for an
amendment to a master plan, a change in zoning, a tentative map or a
special use permit has been approved by the local planning commission
before June 17, 1989.
6. “Project of regional significance,” with respect to a project
proposed by a utility, includes:
(a) An electric substation;
(b) A transmission line that carries 60 kilovolts or more;
(c) A facility that generates electricity greater than 5 megawatts;
(d) Natural gas storage and peak shaving facilities; and
(e) Gas regulator stations and mains that operate over 100 pounds
per square inch.
7. “Sphere of influence” means an area into which a city plans to
expand as designated in the comprehensive regional plan within the time
designated in the comprehensive regional plan.
(Added to NRS by 1989, 759; A 1991, 1733; 1995, 2662; 1997, 1981;
1999, 2124 ; 2005, 1586 )
The Legislature
hereby finds and declares that:
1. The process of regional planning in a county whose population
is 100,000 or more but less than 400,000, as set forth in NRS 278.026
to 278.029 , inclusive, ensures that comprehensive
planning will be carried out with respect to population, conservation,
land use and transportation, public facilities and services, annexation
and intergovernmental coordination.
2. The process of regional planning set forth in NRS 278.026
to 278.029 , inclusive, does not specifically limit the
premature expansion of development into undeveloped areas or address the
unique needs and opportunities that are characteristic of older
neighborhoods in a county whose population is 100,000 or more but less
than 400,000.
3. The problem of the premature expansion of development into
undeveloped areas and the unique needs and opportunities that are
characteristic of older neighborhoods may be addressed through:
(a) Cooperative efforts to preserve and revitalize urban areas and
older neighborhoods; and
(b) Review of the master plans, facilities plans and other similar
plans of local governments and other affected entities.
4. It is the intent of the Legislature with respect to NRS 278.026
to 278.029 , inclusive, that each local government and
affected entity shall exercise its powers and duties in a manner that is
in harmony with the powers and duties exercised by other local
governments and affected entities to enhance the long-term health and
welfare of the county and all its residents.
(Added to NRS by 1999, 2123 )
1. There is hereby created in each county whose population is
100,000 or more but less than 400,000, a regional planning commission
consisting of:
(a) Three members from the local planning commission of each city
in the county whose population is 60,000 or more, appointed by the
respective governing bodies of those cities;
(b) One member from the local planning commission of each city in
the county whose population is less than 60,000, appointed by the
respective governing bodies of those cities; and
(c) Three members from the local planning commission of the county,
appointed by the governing body of the county, at least two of whom must
reside in unincorporated areas of the county.
2. Except for the terms of the initial members of the commission,
the term of each member is 3 years and until the selection and
qualification of his successor. A member may be reappointed. A member who
ceases to be a member of the local planning commission of the
jurisdiction from which he is appointed automatically ceases to be a
member of the commission. A vacancy must be filled for the unexpired term
by the governing body which made the original appointment.
3. The commission shall elect its chairman from among its members.
The term of the chairman is 1 year. The member elected chairman must have
been appointed by the governing body of the county or a city whose
population is 60,000 or more, as determined pursuant to a schedule
adopted by the commission and made a part of its bylaws which provides
for the annual rotation of the chairmanship among each of those governing
bodies.
4. A member of the commission must be compensated at the rate of
$80 per meeting or $400 per month, whichever is less.
5. Each member of the commission must successfully complete the
course of training prescribed by the governing body pursuant to
subsection 2 of NRS 278.0265 within 1
year after the date on which his term of appointment commences. A member
who fails to complete successfully the course of training as required
pursuant to this subsection forfeits his appointment 1 year after the
date on which his term of appointment commenced.
(Added to NRS by 1989, 759; A 1999, 2125 ; 2001, 1965 )
The regional planning commission shall request assistance from the
governing body of a county, the governing body of a city, a state agency
or an affected entity as required to perform its duties.
(Added to NRS by 1991, 1732)
The regional planning
commission shall continue to study and develop methods to provide
incentives for:
1. Mixed-use development, transit-oriented development, the
development of a brownfield site and development which minimizes the
negative impact on the environment. As used in this subsection,
“brownfield site” has the meaning ascribed to it in 42 U.S.C. § 9601.
2. Large commercial development which provides employee parking at
a site other than the commercial development. Such incentives may be
developed in cooperation with the regional transportation commission and
other local governmental entities.
(Added to NRS by 2005, 1583 )
1. There is hereby created in each county whose population is
100,000 or more but less than 400,000, a governing board for regional
planning consisting of:
(a) Three representatives appointed by the board of county
commissioners, at least two of whom must represent or reside within
unincorporated areas of the county. If the representative is:
(1) A county commissioner, his district must be one of the
two districts in the county with the highest percentage of unincorporated
area.
(2) Not a county commissioner, he must reside within an
unincorporated area of the county.
(b) Four representatives appointed by the governing body of the
largest incorporated city in the county.
(c) Three representatives appointed by the governing body of every
other incorporated city in the county whose population is 60,000 or more.
(d) One representative appointed by the governing body of each
incorporated city in the county whose population is less than 60,000.
2. Except for the terms of the initial members of the governing
board, the term of each member is 3 years and until the selection and
qualification of his successor. A member may be reappointed. A vacancy
must be filled for the unexpired term by the governing body which made
the original appointment.
3. The governing bodies may appoint representatives to the
governing board from within their respective memberships. A member of a
local governing body who is so appointed and who subsequently ceases to
be a member of that body, automatically ceases to be a member of the
governing board. The governing body may also appoint alternative
representatives who may act in the respective absences of the principal
appointees.
4. The governing board shall elect its chairman from among its
members. The term of the chairman is 1 year. The member elected chairman
must have been appointed by the governing body of the county or a city
whose population is more than 60,000, as determined pursuant to a
schedule adopted by the governing board and made a part of its bylaws
which provides for the annual rotation of the chairmanship among each of
those governing bodies.
5. A member of the governing board who is also a member of the
governing body which appointed him shall serve without additional
compensation. All other members must be compensated at the rate of $40
per meeting or $200 per month, whichever is less.
6. The governing board may appoint such employees as it deems
necessary for its work and may contract with city planners, engineers,
architects and other consultants for such services as it requires.
7. The local governments represented on the governing board shall
provide the necessary facilities, equipment, staff, supplies and other
usual operating expenses necessary to enable the governing board to carry
out its functions. The local governments shall enter into an agreement
whereby those costs are shared by the local governments in proportion to
the number of members that each appoints to the governing board. The
agreement must also contain a provision specifying the responsibility of
each local government, respectively, of paying for legal services needed
by the governing board or by the regional planning commission.
8. The governing board may sue or be sued in any court of
competent jurisdiction.
9. The governing board shall prepare and adopt an annual budget
and transmit it as a recommendation for funding to each of the local
governments.
(Added to NRS by 1989, 760; A 1991, 1734; 2001, 1966 )
The governing board:
1. Shall adopt such regulations as are necessary to carry out its
specific powers and duties.
2. Shall prescribe an appropriate course of at least 12 hours of
training in land use planning for the members of the regional planning
commission. The course of training must include, without limitation,
training relating to:
(a) State statutes and regulations and local ordinances,
resolutions and regulations concerning land use planning; and
(b) The provisions of chapter 241 of
NRS.
3. May establish and collect reasonable fees for the provision of
any service that is authorized pursuant to the provisions of NRS 278.026
to 278.029 , inclusive.
4. May enter into an agreement pursuant to NRS 277.045 or 277.080
to 277.180 , inclusive, for a purpose
that is consistent with the provisions of NRS 278.026 to 278.029 ,
inclusive.
(Added to NRS by 1991, 1732; A 1993, 572; 1999, 2126 ; 2001, 756 ; 2005, 1587 )
There is hereby created the position
of director of regional planning. The director:
1. Is appointed by the governing board from a list of three names
submitted by the regional planning commission, and serves at the pleasure
of the governing board;
2. Must be selected on the basis of his training, experience,
capability and interest in planning;
3. Must have the demonstrated ability to administer a major
program relating to planning;
4. Shall devote his entire time and attention to the business of
his office and shall not pursue any other business or occupation or hold
any other office of profit;
5. Shall not hold any other position relating to planning with a
regional or local entity in the county or be on leave of absence from any
other regional or local entity in the county while holding the position
of director;
6. Is responsible for administration of the regional planning
program;
7. Shall appoint a professional assistant experienced in planning
to assist in administration of the program; and
8. May:
(a) Appoint professional, technical or clerical staff to, and
dismiss them from, positions which are approved by the governing board;
(b) Execute contracts for services and interlocal agreements which
are approved by the governing board;
(c) Direct the activities of all other persons employed by the
governing board; and
(d) Prepare an annual budget.
(Added to NRS by 1989, 761)
1. The governing board and the regional planning commission may,
jointly or separately, appoint subcommittees for any purpose that is
consistent with NRS 278.026 to 278.029
, inclusive. A subcommittee appointed
pursuant to this subsection must be composed only of:
(a) Members of the governing board or regional planning commission,
as appropriate, if the subcommittee is appointed separately; or
(b) Members from both the governing board and the regional planning
commission, if the subcommittee is appointed jointly.
2. To assist in the formulation and the implementation of the
comprehensive regional plan, the governing board and the regional
planning commission may, jointly or separately, appoint advisory
committees to advise and report to the governing board, regional planning
commission, director of regional planning or a combination of such
entities.
3. The governing board and the regional planning commission may,
jointly or separately, appoint advisory committees to examine issues that
affect the county in which the governing board and regional planning
commission are located. The governing board and regional planning
commission may appoint persons from outside the county in which the
governing board and regional planning commission are located and from
outside this State to serve on an advisory committee appointed pursuant
to this section. An advisory committee appointed pursuant to this
subsection may:
(a) Identify, examine and discuss regional issues that affect the
county in which the governing board and regional planning commission are
located, including, without limitation, issues relating to land use,
fiscal matters, air quality and infrastructure; and
(b) Make recommendations to the governing board, regional planning
commission, or both, concerning regional issues.
(Added to NRS by 1989, 763; A 2001, 757 )
1. The regional planning commission shall develop a comprehensive
regional plan for the physical development and orderly management of the
growth of the region for the next 20 years.
2. The plan must consist of written text, appropriate maps and
such goals and policies, including those addressing current and future
problems, as may, in the opinion of the commission, affect the region as
a whole and are proper for inclusion in the regional plan.
3. In developing the plan, the commission shall:
(a) Review and consider each existing regional plan and master plan
that has been adopted pursuant to the provisions of this chapter and that
applies to any area in the region, and any similar plan of a local
government, and may seek and consider the advice of each local planning
commission and any other affected entity; and
(b) Coordinate the elements of the plan and make them consistent
with each other.
4. Before approving the plan, the commission must hold a public
hearing on the proposed plan in each of the cities within the region and
in the unincorporated area of the county.
5. Before amending the plan, the commission must hold at least one
public hearing on the proposed amendment at a location in the region.
6. The approval of the plan or any amendment to it must be by
resolution of the commission carried by the affirmative votes of not less
than two-thirds of its total membership.
7. The regional planning commission shall review the plan
annually, update it not less than every 5 years, and forward its
recommendations regarding proposed amendments to the plan to the
governing board for adoption. Amendments to the comprehensive regional
plan may be proposed only by the regional planning commission, the
governing board or a local governing body. Except as otherwise provided
in subsection 8, all requests for amendments to the plan must be studied
and considered at public hearings held annually by the commission.
8. The commission may consider a proposed amendment and determine
whether it is necessary to the health and welfare of the community or
substantially benefits the community in general. If the commission
determines that the amendment is necessary, it may schedule a public
hearing on the amendment at any time. Any person may appeal the
determination of the commission to the governing board.
9. Except as otherwise provided in this subsection, notice of the
time and place of each hearing required by the provisions of this section
must be given by publication in a newspaper of general circulation in the
region at least 10 days before the day of the hearing. If there is more
than one newspaper of general circulation in the region, notice must be
given by publication in at least two such newspapers. Notice of the time
and place of the initial meeting of the regional planning commission and
the hearing at which the commission receives testimony concerning final
approval of the comprehensive regional plan must be given by publication
at least 30 days before the day of the meeting or hearing. Notice given
pursuant to this subsection must be a display advertisement of not less
than 3 inches by 5 inches.
(Added to NRS by 1989, 761)
The comprehensive
regional plan must include goals, policies, maps and other documents
relating to:
1. Population, including a projection of population growth in the
region and the resources that will be necessary to support that
population.
2. Conservation, including policies relating to the use and
protection of air, land, water and other natural resources, ambient air
quality, natural recharge areas, floodplains and wetlands, and a map
showing the areas that are best suited for development based on those
policies.
3. The limitation of the premature expansion of development into
undeveloped areas, preservation of neighborhoods and revitalization of
urban areas, including, without limitation, policies that relate to the
interspersion of new housing and businesses in established neighborhoods
and set forth principles by which growth will be directed to older urban
areas.
4. Land use and transportation, including the classification of
future land uses by density or intensity of development based upon the
projected necessity and availability of public facilities, including,
without limitation, schools, and services and natural resources, and the
compatibility of development in one area with that of other areas in the
region. This portion of the plan must:
(a) Address, if applicable, mixed-use development, transit-oriented
development, master-planned communities and gaming enterprise districts;
(b) Allow for a variety of uses;
(c) Describe the transportation facilities that will be necessary
to satisfy the requirements created by those future uses; and
(d) Be based upon the policies and map relating to conservation
that are developed pursuant to subsection 2, surveys, studies and data
relating to the area, the amount of land required to accommodate planned
growth, the population of the area projected pursuant to subsection 1,
and the characteristics of undeveloped land in the area.
5. Public facilities and services, including provisions relating
to sanitary sewer facilities, solid waste, flood control, potable water
and groundwater aquifer recharge which are correlated with principles and
guidelines for future land uses, and which specify ways to satisfy the
requirements created by those future uses. This portion of the plan must:
(a) Describe the problems and needs of the area relating to public
facilities and services and the general facilities that will be required
for their solution and satisfaction;
(b) Identify the providers of public services within the region and
the area within which each must serve, including service territories set
by the Public Utilities Commission of Nevada for public utilities;
(c) Establish the time within which those public facilities and
services necessary to support the development relating to land use and
transportation must be made available to satisfy the requirements created
by that development; and
(d) Contain a summary prepared by the regional planning commission
regarding the plans for capital improvements that:
(1) Are required to be prepared by each local government in
the region pursuant to NRS 278.0226 ;
and
(2) May be prepared by the water planning commission of the
county, the regional transportation commission and the county school
district.
6. Annexation, including the identification of spheres of
influence for each unit of local government, improvement district or
other service district and specifying standards and policies for changing
the boundaries of a sphere of influence and procedures for the review of
development within each sphere of influence. As used in this subsection,
“sphere of influence” means an area into which a political subdivision
may expand in the foreseeable future.
7. Intergovernmental coordination, including the establishment of
guidelines for determining whether local master plans and facilities
plans conform with the comprehensive regional plan.
8. Any utility project required to be reported pursuant to NRS
278.145 .
(Added to NRS by 1989, 762; A 1991, 953; 1997, 1982; 1999, 2126
; 2005, 1587 )
The governing board shall
adopt the plan approved by the regional planning commission with any
amendments it deems necessary. Before adopting the plan with any
amendments the board shall submit each proposed amendment to the regional
planning commission for its review and comment. The commission shall
complete its review and return the plan to the governing board within 30
days or as specified by the board. Within 30 days after its receipt of
the commission’s comments, the governing board shall consider those
comments and adopt the plan with or without amendment. The adoption of
the plan or any amendment must be by resolution of the governing board
carried by a simple majority of its total membership. Before the adoption
of the plan or any amendment, the governing board must hold a public
hearing, notice of the time and place of which must be given by
publication in a newspaper of general circulation in the region not later
than 10 days before the day of the hearing.
(Added to NRS by 1989, 763)
The regional planning
commission shall adopt guidelines and procedures for the review of
whether a proposal for the use of land submitted to a county or city
located in the region is a project of regional significance. The county
or city shall use the guidelines and procedures adopted by the regional
planning commission to determine if a proposal for the use of land is a
project of regional significance.
(Added to NRS by 1991, 1731)
1. Before a project of regional significance is approved finally
by the county or city and before construction on a project of regional
significance may begin, the regional planning commission must make a
finding that the project is in conformance with the adopted regional
plan. In making its determination, the commission shall limit its review
to the substance and content of the adopted comprehensive regional plan
and shall not consider the merits or deficiencies of a project in a
manner other than is necessary to enable it to make that determination.
2. If the commission fails to make any finding regarding a project
of regional significance within 60 days after the project is submitted to
it, it shall be deemed that the commission has made a finding that the
project conforms with the regional plan.
3. If the commission determines that the project is not in
conformance with the regional plan, the determination may be appealed to
the governing board within 45 days after the determination is made. The
governing board shall consider the appeal and may reverse the
determination of the commission or recommend that the county or city take
actions to make the proposal consistent with the comprehensive regional
plan. The county or city shall, within 45 days after receipt, consider
any such recommendations and direct such changes in the project as are
necessary to assure the consistency of the proposal with the adopted
regional plan.
4. The limits on time imposed in subsection 2 of NRS 278.315
, subsection 5 of NRS 278.330 and subsection 2 of NRS 278.349 are extended by 60 days or such period as may
be necessary to complete the review and any appeal provided for in this
section.
(Added to NRS by 1989, 764; A 1991, 1735)
1. The regional planning commission may designate one or more
joint planning areas in the comprehensive regional plan.
2. If an area is designated a joint planning area, the county and
the affected cities shall jointly adopt a master plan for the area.
3. The master plan for a joint planning area must:
(a) Be consistent with the comprehensive regional plan;
(b) Designate the portion of the area, if any, that is included
within the sphere of influence of a city;
(c) Designate the portion of the area, if any, that is subject to
the jurisdiction of the county for planning and zoning and development
decisions; and
(d) Be submitted to the regional planning commission for review
pursuant to NRS 278.028 .
(Added to NRS by 1991, 1731)
1. Before recommending the master plan for a joint planning area,
each affected local planning commission shall jointly hold at least one
public hearing thereon. Notice of the time and place of the hearing must
be given by at least one publication in a newspaper of general
circulation in the county at least 10 days before the day of the hearing.
2. The recommendation of the master plan for a joint planning area
must be by resolution of each affected local planning commission in the
joint planning area carried by the affirmative votes of not less than
two-thirds of the total membership of each commission. The resolution
must refer expressly to the maps, descriptive matter and other matter
intended by the county planning commission and the planning commission of
each city in the joint planning area to constitute the recommended master
plan for the joint planning area.
3. The master plan for the joint planning area that is recommended
by the affected local planning commissions must be considered for
adoption by each affected local governing body.
4. The affected local governing bodies may adopt such parts
thereof as may practicably be applied to the development of the joint
planning area. The master plan for the joint planning area becomes
effective upon the approval by a majority of the membership of each
affected local governing body.
5. Before adopting the master plan for the joint planning area, or
part thereof, the affected local governing bodies shall jointly hold at
least one public hearing thereon. Notice of the time and place of the
hearing must be published at least once in a newspaper of general
circulation in the county at least 10 days before the day of the public
hearing.
(Added to NRS by 1991, 1732)
1. If a city has a sphere of influence that is designated in the
comprehensive regional plan, the city shall adopt a master plan
concerning the territory within the sphere of influence. The master plan
and any ordinance required by the master plan must be consistent with the
comprehensive regional plan. After adoption and certification of a master
plan concerning the territory within the sphere of influence and after
adopting the ordinances required by the master plan, if any, the city may
exercise any power conferred pursuant to NRS 278.010 to 278.630 ,
inclusive, within its sphere of influence.
2. If the comprehensive regional plan designates that all or part
of the sphere of influence of a city is a joint planning area, the master
plan and any ordinance adopted by the city pursuant to subsection 1 must
be consistent with the master plan that is adopted for the joint planning
area.
3. Before certification of the master plan for the sphere of
influence pursuant to NRS 278.028 , any
action taken by the county pursuant to NRS 278.010 to 278.630 ,
inclusive, within the sphere of influence of a city must be consistent
with the comprehensive regional plan.
4. A person, county or city that is represented on the governing
board and is aggrieved by a final determination of the county or, after
the certification of the master plan for a sphere of influence, is
aggrieved by a final determination of the city, concerning zoning, a
subdivision map, a parcel map or the use of land within the sphere of
influence may appeal the decision to the regional planning commission
within 30 days after the determination. A person, county or city that is
aggrieved by the determination of the regional planning commission may
appeal the decision to the governing board within 30 days after the
determination. A person, county or city that is aggrieved by the
determination of the governing board may seek judicial review of the
decision within 25 days after the determination.
(Added to NRS by 1991, 1731)
1. Following the initial adoption of the comprehensive regional
plan or any portion of it, each local planning commission, and any other
affected entity shall review its respective master plan, facilities plan
and other similar plans, amend them to conform with the provisions of the
comprehensive regional plan, and submit them, within 60 days after the
adoption of the comprehensive plan, to the regional planning commission.
The regional planning commission shall review the plans at one or more
public hearings held within 180 days after their submission and determine
whether they conform with the comprehensive regional plan. The regional
planning commission shall specify which parts of the plan, if any, are
not in conformance and why they fail to conform.
2. If the regional planning commission fails to make a
determination within 180 days after the submission of a plan pursuant to
this section, the plan shall be deemed to be in conformance with the
comprehensive regional plan.
3. An affected entity or local governing body that has submitted a
plan and disagrees with the reasons given by the regional planning
commission for making a determination of nonconformance pursuant to this
section may file an objection with the regional planning commission
within 45 days after the issuance of that determination. The affected
entity or local governing body shall attach its reasons why the plan is
in conformance with the comprehensive regional plan. The regional
planning commission shall consider the objection and issue its final
determination of conformance or nonconformance within 45 days after the
objection is filed. The determination may be appealed to the governing
board not later than 30 days after its issuance.
4. Within 45 days after its receipt of an appeal, the governing
board shall consider the appeal and issue its decision. If the board
affirms the determination of the commission, the affected entity or local
governing body shall, within 60 days after the issuance of the decision,
propose revisions to the plan and resubmit the plan together with the
proposed revisions to the commission for review in accordance with this
section.
(Added to NRS by 1989, 765)
1. Before the adoption or amendment of any master plan, facilities
plan or other similar plan, each governing body and any other affected
entity shall submit the proposed plan or amendment to the regional
planning commission, which shall review the plan or amendment at one or
more public hearings held within 60 days after its receipt of that plan
or amendment and determine whether the proposed plan or amendment
conforms with the comprehensive regional plan. The commission shall
specify those parts of the plan or amendment, if any, that are not in
conformance and why they fail to conform.
2. Before the adoption or amendment of any master plan, facilities
plan or other similar plan by a state agency or a public utility whose
plan must be approved by the Public Utilities Commission of Nevada, the
agency or utility shall submit the proposed plan or amendment to the
regional planning commission, which shall, within 60 days after its
receipt, review the plan or amendment and offer suggestions to the agency
or utility regarding the conformance of the plan with the comprehensive
regional plan.
3. Except as otherwise provided in NRS 278.028 , a local governing body or any other affected
entity shall not adopt a master plan, facilities plan or other similar
plan, or any amendment to any of those plans, unless the regional
planning commission has determined that the plan or amendment is in
conformance with the comprehensive regional plan. A proposed plan is in
conformance with the comprehensive regional plan if it is not in conflict
with the comprehensive regional plan and it promotes the goals and
policies of the comprehensive regional plan.
4. If the regional planning commission fails to make a
determination within 60 days after its receipt from an affected entity or
local governing body of a proposed plan or amendment pursuant to this
section, the plan or amendment shall be deemed to be in conformance with
the comprehensive regional plan.
5. An affected entity or a local governing body which has
submitted a proposed plan and which disagrees with the reasons given by
the regional planning commission for making a determination of
nonconformance pursuant to this section, may file an objection with the
regional planning commission within 45 days after the issuance of that
determination. The affected entity or local governing body shall attach
its reasons why the plan is in conformance with the comprehensive
regional plan. The regional planning commission shall consider the
objection and issue its final determination of conformance or
nonconformance within 45 days after the objection is filed. The
determination may be appealed to the governing board not later than 30
days after its issuance.
6. Within 45 days after its receipt of an appeal, the governing
board shall consider the appeal and issue its decision, which must be
made by the affirmative votes of a simple majority of its total
membership. If the board affirms the determination of the commission, the
affected entity or local governing body shall, within 60 days after the
issuance of the decision, propose revisions to the plan and resubmit the
plan together with those proposed revisions to the commission for review
in accordance with the provisions of this section.
7. Any determination of conformance made by the commission
pursuant to this section must be made by the affirmative votes of not
less than two-thirds of its total membership.
(Added to NRS by 1989, 764; A 1997, 1983)
Any action of a local government relating to development,
zoning, the subdivision of land or capital improvements must conform to
the master plan of the local government. In adopting any ordinance or
regulation relating to development, zoning, the subdivision of land or
capital improvements, the local government shall make a specific finding
that the ordinance conforms to the master plan. Within 1 year after its
adoption of any portion of a master plan, the local government shall
review and, if necessary, amend its existing ordinances to ensure their
conformity with the provisions of the master plan. If any provision of
the master plan is inconsistent with any regulation relating to land
development, the provision of the master plan governs any action taken in
regard to an application for development.
(Added to NRS by 1989, 766)
1. Each local planning commission responsible for the preparation
of a city or county master plan and each affected entity shall prepare
and submit to the regional planning commission and the governing board a
complete report by April 1 of each year indicating any action taken
within the previous calendar year which furthers or assists in carrying
out the policies or programs contained in the comprehensive regional
plan, and any work relating to the comprehensive regional plan that is
proposed for the next fiscal year.
2. Before submitting a recommendation for proposed legislation or
beginning any program or project relating to the mandatory provisions of
the comprehensive regional plan, a unit of local government or an
affected entity shall file all relevant information relating to that
request, program or project with the governing board.
(Added to NRS by 1989, 766)
The region defined in NRS 278.790
is exempt from the provisions of NRS
278.026 to 278.029 , inclusive, and 278.145 .
(Added to NRS by 1989, 766; A 1991, 954)
Nothing contained in
the provisions of NRS 278.026 to
278.029 , inclusive, requires any entity
that has not already adopted a facilities plan to do so.
(Added to NRS by 1989, 766)
PLANNING COMMISSIONS
1. The governing body of each city whose population is 25,000 or
more and of each county whose population is 40,000 or more shall create
by ordinance a planning commission to consist of seven members.
2. Cities whose population is less than 25,000 and counties whose
population is less than 40,000 may create by ordinance a planning
commission to consist of seven members. If the governing body of any city
whose population is less than 25,000 or of any county whose population is
less than 40,000 deems the creation of a planning commission unnecessary
or inadvisable, the governing body may, in lieu of creating a planning
commission as provided in this subsection, perform all the functions and
have all of the powers which would otherwise be granted to and be
performed by the planning commission.
[Part 3:110:1941; A 1947, 834; 1943 NCL § 5063.02]—(NRS A 1973,
914; 1989, 1917; 2001, 1967 )
1. The members of the planning commission are appointed by the
chief executive officer of the city, or in the case of a county by the
chairman of the board of county commissioners, with the approval of the
governing body. The members must not be members of the governing body of
the city or county. The majority of the members of the county planning
commission in any county whose population is 400,000 or more must reside
within the unincorporated area of the county.
2. In Carson City, the members of the planning commission
established as provided in NRS 278.030
are appointed by the Mayor from the city at large, with the approval of
the Board of Supervisors.
3. The governing body may provide for compensation to its planning
commission in an amount of not more than $80 per meeting of the
commission, with a total of not more than $400 per month, and may provide
travel expenses and subsistence allowances for the members in the same
amounts as are allowed for other officers and employees of the county or
city.
4. Except as otherwise provided in this subsection, the term of
each member is 4 years, or until his successor takes office. If
applicable, the term of each member of a county or city planning
commission in any county whose population is 400,000 or more is
coterminous with the term of the member of the governing body who
recommended his appointment to the appointing authority. If the
recommending member resigns his office before the expiration of his term,
the corresponding member of the planning commission may continue to serve
until the office is next filled by election. If the office of the
recommending member becomes vacant before the expiration of the term for
any other reason, the corresponding member of the planning commission may
continue to serve for the duration of the original term.
5. Except as otherwise provided in this subsection, members of a
county or city planning commission may be removed, after public hearing,
by a majority vote of the governing body for just cause. In a county
whose population is 400,000 or more, members of a county or city planning
commission serve at the pleasure of their appointing authority.
6. Vacancies occurring otherwise than through the expiration of
term must be filled for the unexpired term.
[Part 3:110:1941; A 1947, 834; 1943 NCL § 5063.02]—(NRS A 1959, 13;
1969, 328; 1971, 1115; 1973, 914; 1979, 529, 1385, 1386; 1983, 1246;
1985, 22; 1989, 1917; 1991, 248; 1995, 198; 2001, 2804 ; 2003, 1733 )
1. The commission shall hold at least one regular meeting in each
month.
2. The commission shall adopt rules for transaction of business
and shall keep a record of its resolutions, transactions, findings and
determinations, which record is a public record.
3. Except as otherwise provided in subsection 4, in a county whose
population is 400,000 or more, the commission shall not grant to an
applicant or his authorized representative more than two continuances
requested by the applicant or his authorized representative on the same
matter, unless the commission determines, upon good cause shown, that the
granting of additional continuances is warranted. If the commission
grants a continuance pursuant to this subsection for good cause shown,
the person on whose behalf the continuance was granted must make a good
faith effort to resolve the issues concerning which the continuance was
requested.
4. An applicant or his authorized representative may request a
continuance on a matter on behalf of an officer or employee of a city or
county, a member of the commission or any owner of property that may be
directly affected by the matter. If the commission grants the
continuance, the continuance must not be counted toward the limitation on
the granting of continuances set forth in subsection 3 relating to that
matter.
5. As used in this section:
(a) “Applicant” means the person who owns the property to which the
application pending before the commission pertains.
(b) “Good cause” includes, without limitation:
(1) The desire by the applicant or his authorized
representative to:
(I) Revise plans, drawings or other documents relating
to the matter;
(II) Engage in negotiations concerning the matter with
any person or governmental entity; or
(III) Retain counsel to represent him in the matter.
(2) Circumstances relating to the matter that are beyond the
control of the applicant or his authorized representative.
[Part 6:110:1941; 1931 NCL § 5063.05]—(NRS A 2003, 1734 ; 2005, 529 )
The commission shall elect
its chairman from among the appointed members. The term of chairman shall
be 1 year, with eligibility for reelection.
[Part 6:110:1941; 1931 NCL § 5063.05]
1. In addition to electing its chairman, the commission shall
create and fill such other of its offices as it may determine.
2. The commission may appoint such employees as it may deem
necessary for its work, whose appointment, promotion, demotion and
removal shall be subject to the same provisions of law as govern other
corresponding civil employees of the municipality.
3. The commission may also contract with city planners, engineers,
architects and other consultants for such services as it may require.
[Part 6:110:1941; 1931 NCL § 5063.05] + [Part 7:110:1941; 1931 NCL
§ 5063.06]
The expenditures of the commission,
exclusive of gifts, shall be within the amounts appropriated for the
purpose by the governing body, which shall provide the funds, equipment
and accommodations necessary for the commission’s work.
[Part 7:110:1941; 1931 NCL § 5063.06]
1. Except in a county in which a regional planning commission is
created pursuant to the provisions of NRS 278.026 to 278.029 ,
inclusive, the board of county commissioners of any county alone or in
collaboration with the governing body of the incorporated cities in the
county or any of them or in collaboration with the board or boards of
county commissioners of any adjacent county or counties, or the governing
bodies of adjacent cities may establish a regional planning commission to
consist of representatives of the county or counties or cities or region
within the county or counties where the local government bodies
participate in the formation of the regional planning commission.
2. The commission may also contain representatives of the
municipalities to be selected in a manner to be determined by ordinance
adopted by the governing bodies of the municipalities, or municipalities
and the county or counties concerned.
[Part 4:110:1941; A 1947, 834; 1943 NCL § 5063.03]—(NRS A 1989, 767)
1. The ordinance must specify the membership of the commission,
which must consist of not less than six members or more than 12 members.
2. The ordinance must provide that the term of each member is 4
years, or until his successor takes office, except that the terms of two
of the members first appointed are 3 years, and the respective terms of
two members first appointed are 1 and 2 years. No more than one-third of
the members may hold any other public office. For the purposes of this
subsection, membership on the planning commission of a county or city
must not be considered holding a public office.
3. The governing body creating the commission shall, by
resolution, provide what compensation, if any, each of the members shall
receive for his services as a member, not to exceed $40 per meeting or a
total of $200 per month.
4. Members may be removed, after public hearing, by a majority
vote of the governing body, for inefficiency, neglect of duty or
malfeasance of office.
5. All appointments to fill vacancies must be for the unexpired
term.
[Part 4:110:1941; A 1947, 834; 1943 NCL § 5063.03]—(NRS A 1959, 14;
1979, 1386; 1987, 987)
1. Annually, each county or regional planning commission shall
elect a chairman from its own members.
2. It shall have power to employ experts, clerks and a secretary,
and to pay for their services and such other expenses as may be necessary
and proper, not exceeding, in all, the annual appropriation that may be
made by the county or counties or municipalities for the commission,
together with such other funds as may be made available through grant,
gift or other means.
[Part 4:110:1941; A 1947, 834; 1943 NCL § 5063.03]—(NRS A 1959, 84)
1. The governing body of each municipality and of each county
included within a regional planning district is authorized independently
or in collaboration with other governing bodies, in their discretion, to
appropriate from the funds received by the county or municipality from
general taxation or other source money for the expenses of the regional
or county planning commission.
2. The county or counties or municipal corporations shall not be
chargeable with any expense incurred by the planning commission except
pursuant to such an appropriation.
[Part 4:110:1941; A 1947, 834; 1943 NCL § 5063.03]
1. If the governing body of a city or county collaborates in the
creation of a regional planning commission and does not create a separate
city or county planning commission, the regional planning commission
shall perform for the city or county all the duties and functions
delegated to a city or county planning commission by the terms of NRS
278.010 to 278.630 , inclusive.
2. If a regional planning commission has duties and functions
pursuant to NRS 278.010 to 278.630
, inclusive, which parallel the duties
and functions of a city or county planning commission, the city or county
planning commission has the responsibility for making decisions
pertaining to planning which have a local effect, and the regional
planning commission has the responsibility for making decisions
pertaining to planning which have a regional or intergovernmental effect.
[Part 5:110:1941; A 1947, 834; 1943 NCL § 5063.04]—(NRS A 1987, 988)
1. The formation of regional planning districts is authorized and
a regional planning commission may be created, in accordance with the
provisions of NRS 278.010 to 278.630
, inclusive, in lieu of separate city or
county planning commissions as may be required or authorized by NRS
278.010 to 278.630 , inclusive.
2. Regional planning districts shall consist of a portion of a
political subdivision, two or more contiguous political subdivisions or
contiguous portions of two or more political subdivisions.
3. All territory embraced within a regional planning district
shall be contiguous, except where the regional district is composed of
two or more municipalities such territories need not be contiguous.
4. In a regional planning district, a regional planning commission
shall function in all respects in accordance with the provisions of NRS
278.010 to 278.630 , inclusive, except that the plans of the
regional planning commission shall coordinate the plans of any city or
county planning commission within the region.
5. Reports required by NRS 278.010 to 278.630 ,
inclusive, to be made to a governing body of a city or a county shall be
made to the governing body of each city or county within the region, and
the procedure set forth in NRS 278.010
to 278.630 , inclusive, for action with
respect to maps or subdivisions shall not be followed by the regional
planning commission for subdivisions which lie within any territory in
which there exists a functioning county or city planning commission.
[Part 5:110:1941; A 1947, 834; 1943 NCL § 5063.04]
1. Each public utility which owns an interest in or is engaged in
the construction or operation of a utility project, or on whose behalf
the utility project is constructed, which is located in a region or
county whose population is 100,000 or more shall, within 60 days after
the utility project has been approved for construction, report the
location of the utility project to the planning commission of each city,
county or region in which it is located.
2. The planning commission of each city, county or region shall
maintain a record of each report it receives from a public utility
pursuant to subsection 1.
(Added to NRS by 1991, 952)
1. No person may commence operation in this State of a facility
where an explosive, a highly hazardous substance designated pursuant to
NRS 459.3816 if present in a quantity equal to or greater than the amount
designated pursuant to NRS 459.3816 , or a hazardous substance listed in the regulations adopted
pursuant to NRS 459.3833 will be used, manufactured, processed, transferred or stored
without first obtaining a conditional use permit therefor from the
governing body of the city or county in which the facility is to be
located. Each governing body shall establish by local ordinance, in
accordance with the provisions of this section, the procedures for
obtaining such a permit.
2. An application for a conditional use permit must be filed with
the planning commission of the city, county or region in which the
facility is to be located. The planning commission shall, within 90 days
after the filing of an application, hold a public hearing to consider the
application. The planning commission shall, at least 30 days before the
date of the hearing, cause notice of the time, date, place and purpose of
the hearing to be:
(a) Sent by mail or, if requested by a party to whom notice must be
provided pursuant to this paragraph, by electronic means if receipt of
such an electronic notice can be verified, to:
(1) The applicant;
(2) Each owner or tenant of real property located within
1,000 feet of the property in question;
(3) The owner, as listed on the county assessor’s records,
of each of the 30 separately owned parcels nearest the property in
question, to the extent this notice does not duplicate the notice given
pursuant to subparagraph (2);
(4) If a mobile home park or multiple-unit residence is
located within 1,000 feet of the property in question, each tenant of
that mobile home park or multiple-unit residence;
(5) Any advisory board that has been established for the
affected area by the governing body;
(6) The Administrator of the Division of Environmental
Protection of the State Department of Conservation and Natural Resources;
(7) The State Fire Marshal; and
(8) The Administrator of the Division of Industrial
Relations of the Department of Business and Industry; and
(b) Published in a newspaper of general circulation within the city
or county in which the property in question is located.
3. The notice required by subsection 2 must:
(a) Be written in language that is easy to understand; and
(b) Include a physical description or map of the property in
question and a description of all explosives, and all substances
described in subsection 1, that will be located at the facility.
4. In considering the application, the planning commission shall:
(a) Consult with:
(1) Local emergency planning committees;
(2) The Administrator of the Division of Environmental
Protection of the State Department of Conservation and Natural Resources;
(3) The State Fire Marshal;
(4) The Administrator of the Division of Industrial
Relations of the Department of Business and Industry; and
(5) The governing body of any other city or county that may
be affected by the operation of the facility; and
(b) Consider fully the effect the facility will have on the health
and safety of the residents of the city, county or region.
5. The planning commission shall, within a reasonable time after
the public hearing, submit to the governing body its recommendations for
any actions to be taken on the application. If the planning commission
recommends that a conditional use permit be granted to the applicant, the
planning commission shall include in its recommendations such terms and
conditions for the operation of the facility as it deems necessary for
the protection of the health and safety of the residents of the city,
county or region.
6. The governing body shall, within 30 days after the receipt of
the recommendations of the planning commission, hold a public hearing to
consider the application. The governing body shall:
(a) Cause notice of the hearing to be given in the manner
prescribed by subsection 2; and
(b) Grant or deny the conditional use permit within 30 days after
the public hearing.
7. Notwithstanding any provision of this section to the contrary,
the provisions of this section do not apply to the mining industry.
8. As used in this section, “explosive” means a material subject
to regulation as an explosive pursuant to NRS 459.3816 .
(Added to NRS by 1999, 1135 ; A 2001, 1444 ; 2003, 1611 )
1. The planning commission shall prepare and adopt a
comprehensive, long-term general plan for the physical development of the
city, county or region which in the commission’s judgment bears relation
to the planning thereof.
2. The plan must be known as the master plan, and must be so
prepared that all or portions thereof, except as otherwise provided in
subsections 3 and 4, may be adopted by the governing body, as provided in
NRS 278.010 to 278.630 , inclusive, as a basis for the development of
the city, county or region for such reasonable period of time next
ensuing after the adoption thereof as may practically be covered thereby.
3. In counties whose population is 100,000 or more but less than
400,000, if the governing body of the city or county adopts only a
portion of the master plan, it shall include in that portion a
conservation plan, a housing plan and a population plan as provided in
NRS 278.160 .
4. In counties whose population is 400,000 or more, the governing
body of the city or county shall adopt a master plan for all of the city
or county that must address each of the subjects set forth in subsection
1 of NRS 278.160 .
[Part 8:110:1941; A 1947, 834; 1943 NCL § 5063.07]—(NRS A 1973,
1241; 1979, 530; 1995, 2225; 2001, 1679 )
1. Except as otherwise provided in subsection 4 of NRS 278.150
and subsection 3 of NRS 278.170 , the master plan, with the accompanying
charts, drawings, diagrams, schedules and reports, may include such of
the following subject matter or portions thereof as are appropriate to
the city, county or region, and as may be made the basis for the physical
development thereof:
(a) Community design. Standards and principles governing the
subdivision of land and suggestive patterns for community design and
development.
(b) Conservation plan. For the conservation, development and
utilization of natural resources, including, without limitation, water
and its hydraulic force, underground water, water supply, solar or wind
energy, forests, soils, rivers and other waters, harbors, fisheries,
wildlife, minerals and other natural resources. The plan must also cover
the reclamation of land and waters, flood control, prevention and control
of the pollution of streams and other waters, regulation of the use of
land in stream channels and other areas required for the accomplishment
of the conservation plan, prevention, control and correction of the
erosion of soils through proper clearing, grading and landscaping,
beaches and shores, and protection of watersheds. The plan must also
indicate the maximum tolerable level of air pollution.
(c) Economic plan. Showing recommended schedules for the allocation
and expenditure of public money in order to provide for the economical
and timely execution of the various components of the plan.
(d) Historical properties preservation plan. An inventory of
significant historical, archaeological and architectural properties as
defined by a city, county or region, and a statement of methods to
encourage the preservation of those properties.
(e) Housing plan. The housing plan must include, without limitation:
(1) An inventory of housing conditions, needs and plans and
procedures for improving housing standards and for providing adequate
housing.
(2) An inventory of affordable housing in the community.
(3) An analysis of the demographic characteristics of the
community.
(4) A determination of the present and prospective need for
affordable housing in the community.
(5) An analysis of any impediments to the development of
affordable housing and the development of policies to mitigate those
impediments.
(6) An analysis of the characteristics of the land that is
the most appropriate for the construction of affordable housing.
(7) An analysis of the needs and appropriate methods for the
construction of affordable housing or the conversion or rehabilitation of
existing housing to affordable housing.
(8) A plan for maintaining and developing affordable housing
to meet the housing needs of the community.
(f) Land use plan. An inventory and classification of types of
natural land and of existing land cover and uses, and comprehensive plans
for the most desirable utilization of land. The land use plan:
(1) Must address, if applicable, mixed-use development,
transit-oriented development, master-planned communities and gaming
enterprise districts.
(2) May include a provision concerning the acquisition and
use of land that is under federal management within the city, county or
region, including, without limitation, a plan or statement of policy
prepared pursuant to NRS 321.7355 .
(g) Population plan. An estimate of the total population which the
natural resources of the city, county or region will support on a
continuing basis without unreasonable impairment.
(h) Public buildings. Showing locations and arrangement of civic
centers and all other public buildings, including the architecture
thereof and the landscape treatment of the grounds thereof.
(i) Public services and facilities. Showing general plans for
sewage, drainage and utilities, and rights-of-way, easements and
facilities therefor, including, without limitation, any utility projects
required to be reported pursuant to NRS 278.145 .
(j) Recreation plan. Showing a comprehensive system of recreation
areas, including, without limitation, natural reservations, parks,
parkways, trails, reserved riverbank strips, beaches, playgrounds and
other recreation areas, including, when practicable, the locations and
proposed development thereof.
(k) Rural neighborhoods preservation plan. In any county whose
population is 400,000 or more, showing general plans to preserve the
character and density of rural neighborhoods.
(l) Safety plan. In any county whose population is 400,000 or more,
identifying potential types of natural and man-made hazards, including,
without limitation, hazards from floods, landslides or fires, or
resulting from the manufacture, storage, transfer or use of bulk
quantities of hazardous materials. The plan may set forth policies for
avoiding or minimizing the risks from those hazards.
(m) School facilities plan. Showing the general locations of
current and future school facilities based upon information furnished by
the appropriate local school district.
(n) Seismic safety plan. Consisting of an identification and
appraisal of seismic hazards such as susceptibility to surface ruptures
from faulting, to ground shaking or to ground failures.
(o) Solid waste disposal plan. Showing general plans for the
disposal of solid waste.
(p) Streets and highways plan. Showing the general locations and
widths of a comprehensive system of major traffic thoroughfares and other
traffic ways and of streets and the recommended treatment thereof,
building line setbacks, and a system of naming or numbering streets and
numbering houses, with recommendations concerning proposed changes.
(q) Transit plan. Showing a proposed multimodal system of transit
lines, including mass transit, streetcar, motorcoach and trolley coach
lines, paths for bicycles and pedestrians, satellite parking and related
facilities.
(r) Transportation plan. Showing a comprehensive transportation
system, including, without limitation, locations of rights-of-way,
terminals, viaducts and grade separations. The plan may also include
port, harbor, aviation and related facilities.
2. The commission may prepare and adopt, as part of the master
plan, other and additional plans and reports dealing with such other
subjects as may in its judgment relate to the physical development of the
city, county or region, and nothing contained in NRS 278.010 to 278.630 ,
inclusive, prohibits the preparation and adoption of any such subject as
a part of the master plan.
[Part 8:110:1941; A 1947, 834; 1943 NCL § 5063.07]—(NRS A 1973,
141, 1242, 1825; 1989, 149; 1991, 954, 1402; 1995, 2226; 1997, 3249;
1999, 2471 , 3367 ; 2001, 742 , 1680 ; 2005, 1589 , 1820 )
1. Except as otherwise provided in subsections 2 and 3, the
commission may prepare and adopt all or any part of the master plan or
any subject thereof for all or any part of the city, county or region.
Master regional plans must be coordinated with similar plans of adjoining
regions, and master county and city plans within each region must be
coordinated so as to fit properly into the master plan for the region.
2. In counties whose population is 100,000 or more but less than
400,000, if the commission prepares and adopts less than all subjects of
the master plan, as outlined in NRS 278.160 , it shall include, in its preparation and
adoption, the conservation, housing and population plans described in
that section.
3. In counties whose population is 400,000 or more, the commission
shall prepare and adopt a master plan for all of the city or county that
must address each of the subjects set forth in subsection 1 of NRS
278.160 .
[Part 8:110:1941; A 1947, 834; 1943 NCL § 5063.07]—(NRS A 1973,
1243; 1979, 530; 1995, 2228; 2001, 1682 )
The county and
city planning commission shall, during the formulation of plans for
community design and public buildings, notify the governing boards of
school districts having jurisdiction of the areas considered of the
preparation of such plans to the end that adequate and properly located
school sites may be provided for.
[Part 8:110:1941; A 1947, 834; 1943 NCL § 5063.07]
When the board of trustees of a school district develops a plan for the
future construction of one or more schools, it shall notify each city,
county or regional planning commission any part of whose territory will
be served by a proposed school. The notice must include the grades to be
taught, the number of pupils to be accommodated, and the area to be
served. The board shall notify each commission of any change in or
abandonment of its plan.
(Added to NRS by 1977, 1498; A 1979, 705; 1981, 1707; 1987, 659;
1989, 499; 1993, 2564)—(Substituted in revision for part of NRS 278.349)
1. The commission shall endeavor to promote public interest in and
understanding of the master plan and of official plans and regulations
relating thereto. As a means of furthering the purpose of a master plan,
the commission shall annually make recommendations to the governing body
for the implementation of the plan.
2. It also shall consult and advise with public officials and
agencies, public utility companies, civic, educational, professional and
other organizations, and with citizens generally with relation to the
carrying out of such plans.
3. The commission, and its members, officers and employees, in the
performance of their functions, may enter upon any land and make
examinations and surveys and place and maintain necessary monuments and
marks thereon.
4. In general, the commission shall have such power as may be
necessary to enable it to fulfill its functions and carry out the
provisions of NRS 278.010 to 278.630
, inclusive.
[Part 8:110:1941; A 1947, 834; 1943 NCL § 5063.07]—(NRS A 1973,
1826)
The master plan shall be a map,
together with such charts, drawings, diagrams, schedules, reports,
ordinances, or other printed or published material, or any one or a
combination of any of the foregoing as may be considered essential to the
purposes of NRS 278.010 to 278.630
, inclusive.
[9:110:1941; 1931 NCL § 5063.08]—(NRS A 1973, 1827)
1. Before adopting the master plan or any part of it in accordance
with NRS 278.170 , or any substantial
amendment thereof, the commission shall hold at least one public hearing
thereon, notice of the time and place of which must be given at least by
one publication in a newspaper of general circulation in the city or
county, or in the case of a regional planning commission, by one
publication in a newspaper in each county within the regional district,
at least 10 days before the day of the hearing.
2. Before a public hearing may be held pursuant to subsection 1 in
a county whose population is 100,000 or more on an amendment to a master
plan, including, without limitation, a gaming enterprise district, if
applicable, the person who requested the proposed amendment must hold a
neighborhood meeting to provide an explanation of the proposed amendment.
Notice of such a meeting must be given by the person requesting the
proposed amendment to:
(a) Each owner, as listed on the county assessor’s records, of real
property located within a radius of 750 feet of the area to which the
proposed amendment pertains;
(b) The owner, as listed on the county assessor’s records, of each
of the 30 separately owned parcels nearest to the area to which the
proposed amendment pertains, to the extent this notice does not duplicate
the notice given pursuant to paragraph (a); and
(c) Each tenant of a mobile home park if that park is located
within a radius of 750 feet of the area to which the proposed amendment
pertains.
Ê The notice must be sent by mail at least 10 days before the
neighborhood meeting and include the date, time, place and purpose of the
neighborhood meeting.
3. Except as otherwise provided in NRS 278.225 , the adoption of the master plan, or of any
amendment, extension or addition thereof, must be by resolution of the
commission carried by the affirmative votes of not less than two-thirds
of the total membership of the commission. The resolution must refer
expressly to the maps, descriptive matter and other matter intended by
the commission to constitute the plan or any amendment, addition or
extension thereof, and the action taken must be recorded on the map and
plan and descriptive matter by the identifying signatures of the
secretary and chairman of the commission.
4. Except as otherwise provided in NRS 278.225 , no plan or map, hereafter, may have indicated
thereon that it is a part of the master plan until it has been adopted as
part of the master plan by the commission as herein provided for the
adoption thereof, whenever changed conditions or further studies by the
commission require such amendments, extension or addition.
5. Except as otherwise provided in this subsection, the commission
shall not amend the land use plan of the master plan set forth in
paragraph (f) of subsection 1 of NRS 278.160 , or any portion of such a land use plan, more
than four times in a calendar year. The provisions of this subsection do
not apply to:
(a) A change in the land use designated for a particular area if
the change does not affect more than 25 percent of the area; or
(b) A minor amendment adopted pursuant to NRS 278.225 .
6. An attested copy of any part, amendment, extension of or
addition to the master plan adopted by the planning commission of any
city, county or region in accordance with NRS 278.170 must be certified to the governing body of the
city, county or region. The governing body of the city, county or region
may authorize such certification by electronic means.
7. An attested copy of any part, amendment, extension of or
addition to the master plan adopted by any regional planning commission
must be certified to the county planning commission and to the board of
county commissioners of each county within the regional district. The
county planning commission and board of county commissioners may
authorize such certification by electronic means.
[10:110:1941; 1931 NCL § 5063.09]—(NRS A 2001, 1682 , 2805 , 2816 ; 2005, 185 , 1591 )
Except as otherwise provided in
subsection 4 of NRS 278.150 and NRS
278.225 :
1. Upon receipt of a certified copy of the master plan, or of any
part thereof, as adopted by the planning commission, the governing body
may adopt such parts thereof as may practicably be applied to the
development of the city, county or region for a reasonable period of time
next ensuing.
2. The parts must thereupon be endorsed and certified as master
plans thus adopted for the territory covered, and are hereby declared to
be established to conserve and promote the public health, safety and
general welfare.
3. Before adopting any plan or part thereof, the governing body
shall hold at least one public hearing thereon, notice of the time and
place of which must be published at least once in a newspaper of general
circulation in the city or counties at least 10 days before the day of
hearing.
4. No change in or addition to the master plan or any part
thereof, as adopted by the planning commission, may be made by the
governing body in adopting the same until the proposed change or addition
has been referred to the planning commission for a report thereon and an
attested copy of the report has been filed with the governing body.
Failure of the planning commission so to report within 40 days, or such
longer period as may be designated by the governing body, after such
reference shall be deemed to be approval of the proposed change or
addition.
[Part 11:110:1941; A 1947, 834; 1943 NCL § 5063.10]—(NRS A 2001,
1683 ; 2005, 186 )
1. A governing body may establish by ordinance a procedure by
which the governing body may adopt minor amendments to the master plan,
or any part thereof, without action by the planning commission.
2. Before adopting an ordinance or a minor amendment pursuant to
subsection 1, the governing body shall hold a public hearing and give
notice of the hearing in the manner required by subsection 3 of NRS
278.220 .
3. As used in this section, unless the context otherwise requires,
“minor amendment” means:
(a) A change in a boundary that is based on a geographical feature,
including, without limitation, topography, slopes, hydrographic features,
wetland delineation and floodplains, when evidence is produced that the
mapped location of the geographical feature is in error;
(b) A change made to reflect the alteration of the name of a
jurisdiction, agency, department or district by the governing body,
governing board or other governing authority of the jurisdiction, agency,
department or district, as applicable, or by another entity authorized by
law to make such an alteration; and
(c) An update of statistical information that is based on a new or
revised study.
(Added to NRS by 2005, 185 )
1. Except as otherwise provided in subsection 4 of NRS 278.150
, whenever the governing body of any
city or county has adopted a master plan or part thereof for the city or
county, or for any major section or district thereof, the governing body
shall, upon recommendation of the planning commission, determine upon
reasonable and practical means for putting into effect the master plan or
part thereof, in order that the same will serve as:
(a) A pattern and guide for that kind of orderly physical growth
and development of the city or county which will cause the least amount
of natural resource impairment and will conform to the adopted population
plan, where required, and ensure an adequate supply of housing, including
affordable housing; and
(b) A basis for the efficient expenditure of funds thereof relating
to the subjects of the master plan.
2. The governing body may adopt and use such procedure as may be
necessary for this purpose.
[Part 11:110:1941; A 1947, 834; 1943 NCL § 5063.10]—(NRS A 1973,
1243; 1995, 2228; 2001, 1683 )
Whenever the governing
body of a city, county or region has adopted a master plan, or one or
more subject matters thereof, for the city, county or region, or for a
major section or district thereof, no street, square, park, or other
public way, ground, or open space may be acquired by dedication or
otherwise, except by bequest, and no street or public way may be closed
or abandoned, and no public building or structure may be constructed or
authorized in the area for which the master plan or one or more subject
matters thereof has been adopted by the governing body unless the
dedication, closure, abandonment, construction or authorization is
approved in a manner consistent with the requirements of the governing
body, board or commission having jurisdiction over such a matter.
[12:110:1941; 1931 NCL § 5063.11]—(NRS A 1997, 2419)
A city or
county whose governing body has adopted a master plan pursuant to NRS
278.220 may represent its own interests
with respect to land and appurtenant resources that are located within
the city or county and are affected by policies and activities involving
the use of federal land.
(Added to NRS by 1999, 1421 )
1. Except as otherwise provided in subsection 2, a city or county
whose governing body has adopted a master plan pursuant to NRS 278.220
may:
(a) On its own initiative bring and maintain an action in its own
name and on its own behalf; or
(b) Intervene on behalf of or bring and maintain an action on the
relation of, any person in any meritorious case,
Ê in any court or before any federal agency, if an action or proposed
action by a federal agency or instrumentality with respect to the lands,
appurtenant resources or streets that are located within the city or
county impairs or tends to impair the traditional functions of the city
or county or the carrying out of the master plan.
2. A city or county may not:
(a) Bring and maintain an action pursuant to subsection 1 that
would request a court to grant relief that would violate a state statute;
(b) Participate in any proceeding of a federal agency pursuant to
subsection 1 to request the federal agency to take any action that would
violate a state statute; or
(c) Bring or maintain an action pursuant to subsection 1 on behalf
of this State or as representative of the interests of this State or any
of its agencies.
(Added to NRS by 1999, 1421 )
1. For the purposes of NRS 278.010 to 278.630 ,
inclusive, the governing body may divide the city, county or region into
zoning districts of such number, shape and area as are best suited to
carry out the purposes of NRS 278.010
to 278.630 , inclusive. Within the
zoning district, it may regulate and restrict the erection, construction,
reconstruction, alteration, repair or use of buildings, structures or
land.
2. The zoning regulations must be adopted in accordance with the
master plan for land use and be designed:
(a) To preserve the quality of air and water resources.
(b) To promote the conservation of open space and the protection of
other natural and scenic resources from unreasonable impairment.
(c) To consider existing views and access to solar resources by
studying the height of new buildings which will cast shadows on
surrounding residential and commercial developments.
(d) To reduce the consumption of energy by encouraging the use of
products and materials which maximize energy efficiency in the
construction of buildings.
(e) To provide for recreational needs.
(f) To protect life and property in areas subject to floods,
landslides and other natural disasters.
(g) To conform to the adopted population plan, if required by NRS
278.170 .
(h) To develop a timely, orderly and efficient arrangement of
transportation and public facilities and services, including public
access and sidewalks for pedestrians, and facilities and services for
bicycles.
(i) To ensure that the development on land is commensurate with the
character and the physical limitations of the land.
(j) To take into account the immediate and long-range financial
impact of the application of particular land to particular kinds of
development, and the relative suitability of the land for development.
(k) To promote health and the general welfare.
(l) To ensure the development of an adequate supply of housing for
the community, including the development of affordable housing.
(m) To ensure the protection of existing neighborhoods and
communities, including the protection of rural preservation neighborhoods.
(n) To promote systems which use solar or wind energy.
3. The zoning regulations must be adopted with reasonable
consideration, among other things, to the character of the area and its
peculiar suitability for particular uses, and with a view to conserving
the value of buildings and encouraging the most appropriate use of land
throughout the city, county or region.
4. In exercising the powers granted in this section, the governing
body may use any controls relating to land use or principles of zoning
that the governing body determines to be appropriate, including, without
limitation, density bonuses, inclusionary zoning and minimum density
zoning.
5. As used in this section:
(a) “Density bonus” means an incentive granted by a governing body
to a developer of real property that authorizes the developer to build at
a greater density than would otherwise be allowed under the master plan,
in exchange for an agreement by the developer to perform certain
functions that the governing body determines to be socially desirable,
including, without limitation, developing an area to include a certain
proportion of affordable housing.
(b) “Inclusionary zoning” means a type of zoning pursuant to which
a governing body requires or provides incentives to a developer who
builds residential dwellings to build a certain percentage of those
dwellings as affordable housing.
(c) “Minimum density zoning” means a type of zoning pursuant to
which development must be carried out at or above a certain density to
maintain conformance with the master plan.
[13:110:1941; 1931 NCL § 5063.12]—(NRS A 1973, 1244, 1828; 1977,
1016; 1991, 2232; 1995, 2228; 1999, 2128 , 3369 ; 2005, 1592 , 1822 )
1. The governing body shall provide for the manner in which zoning
regulations and restrictions and the boundaries of zoning districts are
determined, established, enforced and amended.
2. A zoning regulation, restriction or boundary, or an amendment
thereto, must not become effective until after transmittal of a copy of
the relevant application to the town board, citizens’ advisory council or
town advisory board pursuant to subsection 5, if applicable, and after a
public hearing at which parties in interest and other persons have an
opportunity to be heard. The governing body shall cause notice of the
time and place of the hearing to be:
(a) Published in an official newspaper, or a newspaper of general
circulation, in the city, county or region; and
(b) Mailed to each tenant of a mobile home park if that park is
located within 300 feet of the property in question,
Ê at least 10 days before the hearing.
3. If a proposed amendment involves a change in the boundary of a
zoning district in a county whose population is less than 100,000, the
governing body shall, to the extent this notice does not duplicate the
notice required by subsection 2, cause a notice of the hearing to be sent
at least 10 days before the hearing to:
(a) The applicant;
(b) Each owner, as listed on the county assessor’s records, of real
property located within 300 feet of the portion of the boundary being
changed;
(c) The owner, as listed on the county assessor’s records, of each
of the 30 separately owned parcels nearest to the portion of the boundary
being changed, to the extent this notice does not duplicate the notice
given pursuant to paragraph (b); and
(d) Any advisory board which has been established for the affected
area by the governing body.
Ê The notice must be sent by mail or, if requested by a party to whom
notice must be provided pursuant to paragraphs (a) to (d), inclusive, by
electronic means if receipt of such an electronic notice can be verified,
and must be written in language which is easy to understand. The notice
must set forth the time, place and purpose of the hearing and a physical
description of or a map detailing the proposed change, must indicate the
existing zoning designation and the proposed zoning designation of the
property in question, and must contain a brief summary of the intent of
the proposed change. If the proposed amendment involves a change in the
boundary of the zoning district that would reduce the density or
intensity with which a parcel of land may be used, the notice must
include a section that an owner of property may complete and return to
the governing body to indicate his approval of or opposition to the
proposed amendment.
4. If a proposed amendment involves a change in the boundary of a
zoning district in a county whose population is 100,000 or more, the
governing body shall, to the extent this notice does not duplicate the
notice required by subsection 2, cause a notice of the hearing to be sent
at least 10 days before the hearing to:
(a) The applicant;
(b) Each owner, as listed on the county assessor’s records, of real
property located within 750 feet of the portion of the boundary being
changed;
(c) The owner, as listed on the county assessor’s records, of each
of the 30 separately owned parcels nearest to the portion of the boundary
being changed, to the extent this notice does not duplicate the notice
given pursuant to paragraph (b);
(d) Each tenant of a mobile home park if that park is located
within 750 feet of the property in question; and
(e) Any advisory board which has been established for the affected
area by the governing body.
Ê The notice must be sent by mail or, if requested by a party to whom
notice must be provided pursuant to paragraphs (a) to (e), inclusive, by
electronic means if receipt of such an electronic notice can be verified,
and must be written in language which is easy to understand. The notice
must set forth the time, place and purpose of the hearing and a physical
description of or a map detailing the proposed change, must indicate the
existing zoning designation and the proposed zoning designation of the
property in question, and must contain a brief summary of the intent of
the proposed change. If the proposed amendment involves a change in the
boundary of the zoning district that would reduce the density or
intensity with which a parcel of land may be used, the notice must
include a section that an owner of property may complete and return to
the governing body to indicate his approval of or opposition to the
proposed amendment.
5. If an application is filed with the governing body and the
application involves a change in the boundary of a zoning district within
an unincorporated town that is located more than 10 miles from an
incorporated city, the governing body shall, at least 10 days before the
hearing on the application is held pursuant to subsection 2, transmit a
copy of any information pertinent to the application to the town board,
citizens’ advisory council or town advisory board, whichever is
applicable, of the unincorporated town. The town board, citizens’
advisory council or town advisory board may make recommendations
regarding the application and submit its recommendations before the
hearing on the application is held pursuant to subsection 2. The
governing body or other authorized person or entity conducting the
hearing shall consider any recommendations submitted by the town board,
citizens’ advisory council or town advisory board regarding the
application and, within 10 days after making its decision on the
application, shall transmit a copy of its decision to the town board,
citizens’ advisory council or town advisory board.
6. In a county whose population is 400,000 or more, if a notice is
required to be sent pursuant to subsection 4:
(a) The exterior of a notice sent by mail; or
(b) The cover sheet, heading or subject line of a notice sent by
electronic means,
Ê must bear a statement, in at least 10-point bold type or font, in
substantially the following form:
OFFICIAL NOTICE OF PUBLIC HEARING
7. In addition to sending the notice required pursuant to
subsection 4, in a county whose population is 400,000 or more, the
governing body shall, not later than 10 days before the hearing, erect or
cause to be erected on the property at least one sign not less than 2
feet high and 2 feet wide. The sign must be made of material reasonably
calculated to withstand the elements for 40 days. The governing body must
be consistent in its use of colors for the background and lettering of
the sign. The sign must include the following information:
(a) The existing zoning designation of the property in question;
(b) The proposed zoning designation of the property in question;
(c) The date, time and place of the public hearing;
(d) A telephone number which may be used by interested persons to
obtain additional information; and
(e) A statement which indicates whether the proposed zoning
designation of the property in question complies with the requirements of
the master plan of the city or county in which the property is located.
8. A sign required pursuant to subsection 7 is for informational
purposes only and must be erected regardless of any local ordinance
regarding the size, placement or composition of signs to the contrary.
9. A governing body may charge an additional fee for each
application to amend an existing zoning regulation, restriction or
boundary to cover the actual costs resulting from the mailed notice
required by this section and the erection of not more than one of the
signs required by subsection 7, if any. The additional fee is not subject
to the limitation imposed by NRS 354.5989 .
10. The governing body shall remove or cause to be removed any
sign required by subsection 7 within 5 days after the final hearing for
the application for which the sign was erected. There must be no
additional charge to the applicant for such removal.
11. If a proposed amendment involves a change in the boundary of a
zoning district in a county whose population is 400,000 or more that
would reduce the density or intensity with which a parcel of land may be
used and at least 20 percent of the property owners to whom notices were
sent pursuant to subsection 4 indicate in their responses opposition to
the proposed amendment, the governing body shall not approve the proposed
amendment unless the governing body:
(a) Considers separately the merits of each aspect of the proposed
amendment to which the owners expressed opposition; and
(b) Makes a written finding that the public interest and necessity
will be promoted by approval of the proposed amendment.
12. The governing body of a county whose population is 400,000 or
more shall not approve a zoning regulation, restriction or boundary, or
an amendment thereof, that affects any unincorporated area of the county
that is surrounded completely by the territory of an incorporated city
without sending a notice to the governing body of the city. The governing
body of the city, or its designee, must submit any recommendations to the
governing body of the county within 15 days after receiving the notice.
The governing body of the county shall consider any such recommendations.
If the governing body of the county does not accept a recommendation, the
governing body of the county, or its authorized agent, shall specify for
the record the reasons for its action.
[14:110:1941; 1931 NCL § 5063.13]—(NRS A 1973, 1828; 1977, 1017;
1989, 962; 1991, 370; 1993, 2204; 1997, 2420; 1999, 785 , 911 , 2078 , 2080 ; 2001, 1446 , 1683 ; 2003, 70 , 2338 )
The governing body of any county or city may appoint as many
full-time or part-time hearing examiners as are necessary or appropriate
to assist the planning commission and the governing body in acting upon
proposals for changes in zoning classification, zoning districts, special
use permits, variances and other matters affecting zoning.
(Added to NRS by 1973, 337; A 1977, 1017; 1979, 371)
1. Hearing examiners appointed under the authority of NRS 278.262
are entitled to receive such
compensation as is considered necessary by the governing body and shall
possess qualifications similar to those of a licensed architect,
attorney, engineer or a member of the American Institute of Certified
Planners.
2. Hearing examiners serve at the pleasure of the governing body
in accordance with any appropriate personnel ordinance or regulation.
(Added to NRS by 1973, 337; A 1995, 453)
Upon the
determination of any governing body that a hearing examiner is to be
employed and before any hearings are conducted utilizing his services, an
ordinance shall be enacted setting forth rules of procedure for the
processing and hearing of applications which are to be considered by a
hearing examiner.
(Added to NRS by 1973, 338)
1. Any ordinance enacted pursuant to the provisions of NRS 278.264
must provide, in substance, the same
notice of hearing and conduct of hearing safeguards required by NRS
278.315 or 278.480 , whichever is applicable.
2. The governing body shall, by ordinance, set forth the duties
and powers of the hearing examiner, including a statement of whether the
hearing examiner may take final action on any matter assigned to him by
the governing body.
3. Except as otherwise provided in subsection 4, the governing
body may authorize the hearing examiner to take final action on matters
relating to a variance, vacation, abandonment, special use permit,
conditional use permit and other special exception or application
specified in the ordinance.
4. The governing body shall not authorize the hearing examiner to
take final action on:
(a) Matters relating to a zoning classification, zoning district or
an amendment to a zoning boundary.
(b) An application for a conditional use permit that is filed
pursuant to NRS 278.147 .
5. An applicant or protestant may appeal any final action taken by
the hearing examiner in accordance with the ordinance adopted pursuant to
NRS 278.3195 .
(Added to NRS by 1973, 338; A 1995, 453; 1997, 2422; 1999, 1137
; 2001, 2805 )
ZONING BOARDS OF ADJUSTMENT
The governing body of any county or of any
city which enacts zoning regulations under the authority of NRS 278.010
to 278.630 , inclusive, may provide by ordinance for a
board of adjustment.
[Part 15:110:1941; A 1955, 197]—(NRS A 1981, 164)
1. Any ordinance enacted under NRS 278.270 may provide that the board:
(a) Be composed of the members of the governing body; or
(b) Be composed of not more than seven appointed members.
2. Any ordinance providing for the appointment of members must
prescribe:
(a) The manner of appointment and compensation of the members.
(b) The terms of the members, which must be arranged so that no
more than two will expire each year.
3. If the members of the board are appointed, no member may hold
another public office except that one member may also be a member of the
planning commission.
4. Members who are appointed may be removed after a public hearing
for inefficiency, neglect of duty or malfeasance of office.
5. Vacancies must be filled for the unexpired term of any member
appointed whose term becomes vacant.
[Part 15:110:1941; A 1955, 197]—(NRS A 1969, 866; 1981, 165)
1. Meetings of the board must be held at the call of the chairman
and at such other times as the board may determine. The chairman, or in
his absence the acting chairman, may administer oaths and compel the
attendance of witnesses. All meetings of the board must be open to the
public.
2. The board shall adopt rules in accordance with the provisions
of any ordinance adopted pursuant to NRS 278.010 to 278.630 ,
inclusive.
3. The board shall keep minutes of its proceedings, showing the
vote of each member upon each question, or, if absent or failing to vote,
indicating such fact, and audio recordings or transcripts of its
proceedings, and shall keep records of its examinations and other
official actions, all of which must be filed immediately in the office of
the board and, except as otherwise provided in NRS 241.035 , are public records.
[Part 15:110:1941; A 1955, 197]—(NRS A 2005, 1408 )
1. The board of adjustment shall have the following powers:
(a) To hear and decide appeals where it is alleged by the appellant
that there is an error in any order, requirement, decision or refusal
made by an administrative official or agency based on or made in the
enforcement of any zoning regulation or any regulation relating to the
location or soundness of structures.
(b) To hear and decide, in accordance with the provisions of any
such regulation, requests for variances, or for interpretation of any
map, or for decisions upon other special questions upon which the board
is authorized by any such regulation to pass.
(c) Where by reason of exceptional narrowness, shallowness, or
shape of a specific piece of property at the time of the enactment of the
regulation, or by reason of exceptional topographic conditions or other
extraordinary and exceptional situation or condition of the piece of
property, the strict application of any regulation enacted under NRS
278.010 to 278.630 , inclusive, would result in peculiar and
exceptional practical difficulties to, or exceptional and undue hardships
upon, the owner of the property, to authorize a variance from that strict
application so as to relieve the difficulties or hardship, if the relief
may be granted without substantial detriment to the public good, without
substantial impairment of affected natural resources and without
substantially impairing the intent and purpose of any ordinance or
resolution.
(d) To hear and decide requests for special use permits or other
special exceptions, in such cases and under such conditions as the
regulations may prescribe.
2. The majority vote of the board of adjustment is necessary to
reverse any order, requirement, decision or determination of any
administrative official or agency, or to decide in favor of the appellant.
[17:110:1941; 1931 NCL § 5063.16]—(NRS A 1969, 734; 1973, 1244;
1979, 372)
1. Except as otherwise provided in subsection 4, appeals to the
board of adjustment may be taken by:
(a) Any person aggrieved by his inability to obtain a building
permit, or by the decision of any administrative officer or agency based
upon or made in the course of the administration or enforcement of the
provisions of any zoning regulation or any regulation relating to the
location or soundness of structures.
(b) Any officer, department, board or bureau of the city or county
affected by the grant or refusal of a building permit or by other
decision of an administrative officer or agency based on or made in the
course of the administration or enforcement of the provisions of any
zoning regulations.
2. Except as otherwise provided in subsection 4, the time within
which an appeal must be made, and the form of other procedure relating
thereto, must be as specified in the general rules provided by the
governing body to govern the procedure of the board of adjustment and in
the supplemental rules of procedure adopted by the board of adjustment.
3. Each governing body which has created a board of adjustment
pursuant to NRS 278.270 shall adopt an
ordinance providing that any person who is aggrieved by a decision of the
board of adjustment regarding an appeal of an administrative decision may
appeal the decision of the board of adjustment. An ordinance that a
governing body is required to adopt pursuant to this subsection must
either:
(a) Comply with subsection 2 of NRS 278.3195 , thereby requiring the aggrieved person first
to appeal the decision of the board of adjustment to the governing body;
or
(b) Set forth a separate procedure which allows the aggrieved
person to appeal the decision of the board of adjustment directly to the
district court of the proper county by filing a petition for judicial
review within 25 days after the date of filing of notice of the decision
with the clerk or secretary of the board of adjustment, as provided in
NRS 278.0235 .
4. If the governing body has not created a board of adjustment
pursuant to NRS 278.270 , any person
aggrieved by the decision of an administrative officer or agency, as
described in subsection 1, may appeal the decision in accordance with the
ordinance adopted pursuant to NRS 278.3195 .
[16:110:1941; 1931 NCL § 5063.15]—(NRS A 2001, 2806 )
SPECIAL EXCEPTIONS
1. The governing body may provide by ordinance for the granting of
variances, special use permits, conditional use permits or other special
exceptions by the board of adjustment, the planning commission or a
hearing examiner appointed pursuant to NRS 278.262 . The governing body may impose this duty
entirely on the board, commission or examiner, respectively, or provide
for the granting of enumerated categories of variances, special use
permits, conditional use permits or special exceptions by the board,
commission or examiner.
2. A hearing to consider an application for the granting of a
variance, special use permit, conditional use permit or special exception
must be held before the board of adjustment, planning commission or
hearing examiner within 65 days after the filing of the application,
unless a longer time or a different process of review is provided in an
agreement entered into pursuant to NRS 278.0201 .
3. In a county whose population is less than 100,000, notice
setting forth the time, place and purpose of the hearing must be sent at
least 10 days before the hearing to:
(a) The applicant;
(b) Each owner of real property, as listed on the county assessor’s
records, located within 300 feet of the property in question;
(c) If a mobile home park is located within 300 feet of the
property in question, each tenant of that mobile home park; and
(d) Any advisory board which has been established for the affected
area by the governing body.
4. Except as otherwise provided in subsection 7, in a county whose
population is 100,000 or more, a notice setting forth the time, place and
purpose of the hearing must be sent at least 10 days before the hearing
to:
(a) The applicant;
(b) If the application is for a deviation of at least 10 percent
but not more than 30 percent from a standard for development:
(1) Each owner, as listed on the county assessor’s records,
of real property located within 100 feet of the property in question; and
(2) Each tenant of a mobile home park located within 100
feet of the property in question;
(c) If the application is for a special use permit or a deviation
of more than 30 percent from a standard for development:
(1) Each owner, as listed on the county assessor’s records,
of real property located within 500 feet of the property in question;
(2) The owner, as listed on the county assessor’s records,
of each of the 30 separately owned parcels nearest the property in
question, to the extent this notice does not duplicate the notice given
pursuant to subparagraph (1); and
(3) Each tenant of a mobile home park located within 500
feet of the property in question;
(d) If the application is for a project of regional significance,
as that term is described in NRS 278.02542 :
(1) Each owner, as listed on the county assessor’s records,
of real property located within 750 feet of the property in question;
(2) The owner, as listed on the county assessor’s records,
of each of the 30 separately owned parcels nearest the property in
question, to the extent this notice does not duplicate the notice given
pursuant to subparagraph (1); and
(3) Each tenant of a mobile home park located within 750
feet of the property in question; and
(e) Any advisory board which has been established for the affected
area by the governing body.
5. If an application is filed with the governing body for the
issuance of a special use permit with regard to property situated within
an unincorporated town that is located more than 10 miles from an
incorporated city, the governing body shall, at least 10 days before the
hearing on the application is held pursuant to subsection 2, transmit a
copy of any information pertinent to the application to the town board,
citizens’ advisory council or town advisory board, whichever is
applicable, of the unincorporated town. The town board, citizens’
advisory council or town advisory board may make recommendations
regarding the application and submit its recommendations before the
hearing on the application is held pursuant to subsection 2. The
governing body or other authorized person or entity conducting the
hearing shall consider any recommendations submitted by the town board,
citizens’ advisory council or town advisory board regarding the
application and, within 10 days after making its decision on the
application, shall transmit a copy of its decision to the town board,
citizens’ advisory council or town advisory board.
6. An applicant or a protestant may appeal a decision of the board
of adjustment, planning commission or hearing examiner in accordance with
the ordinance adopted pursuant to NRS 278.3195 .
7. In a county whose population is 400,000 or more, if the
application is for the issuance of a special use permit for an
establishment which serves alcoholic beverages for consumption on or off
of the premises as its primary business in a district which is not a
gaming enterprise district as defined in NRS 463.0158 , the governing body shall, at least 10 days before the
hearing:
(a) Send a notice setting forth the time, place and purpose of the
hearing to:
(1) The applicant;
(2) Each owner, as listed on the county assessor’s records,
of real property located within 1,500 feet of the property in question;
(3) The owner, as listed on the county assessor’s records,
of each of the 30 separately owned parcels nearest the property in
question, to the extent this notice does not duplicate the notice given
pursuant to subparagraph (2);
(4) Each tenant of a mobile home park located within 1,500
feet of the property in question; and
(5) Any advisory board which has been established for the
affected area by the governing body; and
(b) Erect or cause to be erected on the property, at least one sign
not less than 2 feet high and 2 feet wide. The sign must be made of
material reasonably calculated to withstand the elements for 40 days. The
governing body must be consistent in its use of colors for the background
and lettering of the sign. The sign must include the following
information:
(1) The existing permitted use and zoning designation of the
property in question;
(2) The proposed permitted use of the property in question;
(3) The date, time and place of the public hearing; and
(4) A telephone number which may be used by interested
persons to obtain additional information.
8. A sign required pursuant to subsection 7 is for informational
purposes only and must be erected regardless of any local ordinance
regarding the size, placement or composition of signs to the contrary.
9. A governing body may charge an additional fee for each
application for a special use permit to cover the actual costs resulting
from the erection of not more than one sign required by subsection 7, if
any. The additional fee is not subject to the limitation imposed by NRS
354.5989 .
10. The governing body shall remove or cause to be removed any
sign required by subsection 7 within 5 days after the final hearing for
the application for which the sign was erected. There must be no
additional charge to the applicant for such removal.
11. The notice required to be provided pursuant to subsections 3,
4 and 7 must be sent by mail or, if requested by a party to whom notice
must be provided pursuant to those subsections, by electronic means if
receipt of such an electronic notice can be verified, and must be written
in language which is easy to understand. The notice must set forth the
time, place and purpose of the hearing and a physical description or map
of the property in question.
12. The provisions of this section do not apply to an application
for a conditional use permit filed pursuant to NRS 278.147 .
(Added to NRS by 1969, 734; A 1983, 1247; 1987, 933; 1991, 371;
1993, 2205; 1997, 2422; 1999, 786 , 1137 ; 2001, 1448 , 1686 , 2806 , 2817 , 2819 , 2824 ; 2003, 2340 )
1. The governing body may adopt an ordinance that authorizes the
director of planning or another person or agency to grant a deviation of
less than 10 percent from requirements for land use established within a
zoning district without conducting a hearing. The ordinance must require
an applicant for such a deviation to obtain the written consent of the
owner of any real property that would be affected by the deviation.
2. If the director of planning or other authorized person or
agency grants a deviation in accordance with its authority delegated
pursuant to subsection 1, the director of planning or other authorized
person or agency shall ensure that the deviation will not impair the
purpose of the zoning district or any regulations adopted by the
governing body pursuant to NRS 278.250 .
3. An applicant or other aggrieved person may appeal the decision
of the director of planning or other authorized person or agency in
accordance with the ordinance adopted pursuant to NRS 278.3195 .
(Added to NRS by 1997, 2418; A 2001, 1451 , 2808 , 2822 )
APPEALS
1. Except as otherwise provided in NRS 278.310 , each governing body shall adopt an ordinance
providing that any person who is aggrieved by a decision of:
(a) The planning commission, if the governing body has created a
planning commission pursuant to NRS 278.030 ;
(b) The board of adjustment, if the governing body has created a
board of adjustment pursuant to NRS 278.270 ;
(c) A hearing examiner, if the governing body has appointed a
hearing examiner pursuant to NRS 278.262 ; or
(d) Any other person appointed or employed by the governing body
who is authorized to make administrative decisions regarding the use of
land,
Ê may appeal the decision to the governing body. In a county whose
population is 400,000 or more, a person shall be deemed to be aggrieved
under an ordinance adopted pursuant to this subsection if the person
appeared, either in person, through an authorized representative or in
writing, before a person or entity described in paragraphs (a) to (d),
inclusive, on the matter which is the subject of the decision.
2. Except as otherwise provided in NRS 278.310 , an ordinance adopted pursuant to subsection 1
must set forth, without limitation:
(a) The period within which an appeal must be filed with the
governing body.
(b) The procedures pursuant to which the governing body will hear
the appeal.
(c) That the governing body may affirm, modify or reverse a
decision.
(d) The period within which the governing body must render its
decision except that:
(1) In a county whose population is 400,000 or more, that
period must not exceed 45 days.
(2) In a county whose population is less than 400,000, that
period must not exceed 60 days.
(e) That the decision of the governing body is a final decision for
the purpose of judicial review.
(f) That, in reviewing a decision, the governing body will be
guided by the statement of purpose underlying the regulation of the
improvement of land expressed in NRS 278.020 .
(g) That the governing body may charge the appellant a fee for the
filing of an appeal.
3. In addition to the requirements set forth in subsection 2, in a
county whose population is 400,000 or more, an ordinance adopted pursuant
to subsection 1 must:
(a) Set forth procedures for the consolidation of appeals; and
(b) Prohibit the governing body from granting to an aggrieved
person more than two continuances on the same matter, unless the
governing body determines, upon good cause shown, that the granting of
additional continuances is warranted.
4. Any person who:
(a) Has appealed a decision to the governing body in accordance
with an ordinance adopted pursuant to subsection 1; and
(b) Is aggrieved by the decision of the governing body,
Ê may appeal that decision to the district court of the proper county by
filing a petition for judicial review within 25 days after the date of
filing of notice of the decision with the clerk or secretary of the
governing body, as set forth in NRS 278.0235 .
(Added to NRS by 2001, 2803 ; A 2003, 1734 )
DIVISIONS OF LAND
Subdivision of Land: General Provisions
1. “Subdivision” means any land, vacant or improved, which is
divided or proposed to be divided into five or more lots, parcels, sites,
units or plots, for the purpose of any transfer development, or any
proposed transfer or development, unless exempted by one of the following
provisions:
(a) The term “subdivision” does not apply to any division of land
which is subject to the provisions of NRS 278.471 to 278.4725 , inclusive.
(b) Any joint tenancy or tenancy in common shall be deemed a single
interest in land.
(c) Unless a method of disposition is adopted for the purpose of
evading this chapter or would have the effect of evading this chapter,
the term “subdivision” does not apply to:
(1) Any division of land which is ordered by any court in
this State or created by operation of law;
(2) A lien, mortgage, deed of trust or any other security
instrument;
(3) A security or unit of interest in any investment trust
regulated under the laws of this State or any other interest in an
investment entity;
(4) Cemetery lots; or
(5) An interest in oil, gas, minerals or building materials,
which are now or hereafter severed from the surface ownership of real
property.
2. A common-interest community consisting of five or more units
shall be deemed to be a subdivision of land within the meaning of this
section, but need only comply with NRS 278.326 to 278.460 ,
inclusive, and 278.473 to 278.490
, inclusive.
3. The board of county commissioners of any county may exempt any
parcel or parcels of land from the provisions of NRS 278.010 to 278.630 ,
inclusive, if:
(a) The land is owned by a railroad company or by a nonprofit
corporation organized and existing pursuant to the provisions of chapter
81 or 82 of NRS
which is an immediate successor in title to a railroad company, and the
land was in the past used in connection with any railroad operation; and
(b) Other persons now permanently reside on the land.
4. This chapter does not apply to the division of land for
agricultural purposes into parcels of more than 10 acres, if a street,
road, or highway opening or widening or easement of any kind is not
involved.
[18.1:110:1941; added 1947, 834; 1943 NCL § 5063.17a]—(NRS A 1971,
938; 1973, 1336; 1975, 6, 1178, 1563; 1977, 1495; 1979, 1498; 1991, 582,
1312, 1318; 2003, 974 )
1. If a subdivision is proposed on land which is zoned for
industrial or commercial development, neither the tentative nor the final
map need show any division of the land into lots or parcels, but the
streets and any other required improvements are subject to the
requirements of NRS 278.010 to 278.630
, inclusive.
2. No parcel of land may be sold for residential use from a
subdivision whose final map does not show a division of the land into
lots.
3. Except as otherwise provided in subsection 4, a boundary or
line must not be created by a conveyance of a parcel from an industrial
or commercial subdivision unless a professional land surveyor has
surveyed the boundary or line and set the monuments. The surveyor shall
file a record of the survey pursuant to the requirements set forth in NRS
625.340 . Any conveyance of such a parcel must contain a legal
description of the parcel that is independent of the record of survey.
4. The provisions of subsection 3 do not apply to a boundary or
line that is created entirely within an existing industrial or commercial
building. A certificate by a professional engineer or registered
architect which certifies compliance with the applicable building code
must be attached to any document which proposes to subdivide a building.
(Added to NRS by 1969, 723; A 1993, 2560; 2005, 2668 )
1. Local subdivision ordinances shall be enacted by the governing
body of every incorporated city and every county, prescribing regulations
which, in addition to the provisions of NRS 278.010 to 278.630 ,
inclusive, govern matters of improvements, mapping, accuracy, engineering
and related subjects, but shall not be in conflict with NRS 278.010
to 278.630 , inclusive.
2. The subdivider shall comply with the provisions of the
appropriate local ordinance before the final map is approved.
[23:110:1941; 1931 NCL § 5063.22]—(NRS A 1973, 1769; 1977,
1500)—(Substituted in revision for NRS 278.370)
Approval of any map pursuant to the provisions of NRS 278.010 to 278.630 ,
inclusive, does not in itself prohibit the further division of the lots,
parcels, sites, units or plots described, but any such further division
shall conform to the applicable provisions of those sections.
(Added to NRS by 1975, 1562; A 1977, 1496)
The governing body may, by ordinance, authorize the planning commission
to take final action on a tentative map and a final map. Any person
aggrieved by the commission’s action may appeal the commission’s decision
in accordance with the ordinance adopted pursuant to NRS 278.3195 .
(Added to NRS by 1987, 658; A 1997, 2424; 2001, 2808 )
A governing body or its authorized representative may relieve
a person who proposes to divide land pursuant to NRS 278.360 to 278.460 ,
inclusive, or 278.471 to 278.4725
, inclusive, from the requirement to
dedicate easements to public utilities that provide gas, electric,
telecommunications, water and sewer services and any franchised community
antenna television companies pursuant to paragraph (d) or (e) of
subsection 9 of NRS 278.372 or
paragraph (c) or (d) of subsection 4 of NRS 278.472 if the person demonstrates to the public body
or its authorized representative that there is not an essential nexus to
the public purpose for the dedication and the dedication is not roughly
proportional in nature and extent to the impact of the proposed
development.
(Added to NRS by 2003, 2345 )
Subdivision of Land: Tentative Maps
1. The initial action in connection with the making of any
subdivision is the preparation of a tentative map.
2. The subdivider shall file copies of the map with the planning
commission or its designated representative, or with the clerk of the
governing body if there is no planning commission, together with a filing
fee in an amount determined by the governing body.
3. The commission, its designated representative, the clerk or
other designated representative of the governing body or, when authorized
by the governing body, the subdivider or any other appropriate agency
shall distribute copies of the map and any accompanying data to all state
and local agencies and persons charged with reviewing the proposed
subdivision.
4. If there is no planning commission, the clerk of the governing
body shall submit the tentative map to the governing body at its next
regular meeting.
5. Except as otherwise provided by subsection 6, if there is a
planning commission, it shall:
(a) In a county whose population is 400,000 or more, within 45
days; or
(b) In a county whose population is less than 400,000, within 60
days,
Ê after accepting as a complete application a tentative map, recommend
approval, conditional approval or disapproval of the map in a written
report filed with the governing body.
6. If the governing body has authorized the planning commission to
take final action on a tentative map, the planning commission shall:
(a) In a county whose population is 400,000 or more, within 45
days; or
(b) In a county whose population is less than 400,000, within 60
days,
Ê after accepting as a complete application a tentative map, approve,
conditionally approve or disapprove the tentative map in the manner
provided for in NRS 278.349 . The
planning commission shall file its written decision with the governing
body.
[21:110:1941; 1931 NCL § 5063.20]—(NRS A 1971, 1207; 1973, 1829;
1977, 647, 1496; 1979, 58; 1987, 658; 1993, 2561; 1997, 2424; 2001, 1967
, 2808 ; 2003, 975 )
1. A copy of the tentative map must be forwarded by the planning
commission or its designated representative, or if there is no planning
commission, the clerk or other designated representative of the governing
body, for review to:
(a) The Division of Water Resources and the Division of
Environmental Protection of the State Department of Conservation and
Natural Resources;
(b) The district board of health acting for the Division of
Environmental Protection pursuant to subsection 2; and
(c) If the subdivision is subject to the provisions of NRS 704.6672
, the Public Utilities Commission of Nevada.
2. In a county whose population is 100,000 or more, if the county
and one or more incorporated cities in the county have established a
district board of health, the authority of the Division of Environmental
Protection to review and certify proposed subdivisions and to conduct
construction or installation inspections must be exercised by the
district board of health.
3. A district board of health which conducts reviews and
inspections under this section shall consider all the requirements of the
law concerning sewage disposal, water pollution, water quality and water
supply facilities. At least four times annually, the district board of
health shall notify the Division of Environmental Protection which
subdivisions met these requirements of law and have been certified by the
district board of health.
4. The State is not chargeable with any expense incurred by a
district board of health acting pursuant to this section.
5. Each reviewing agency shall, within 15 days after the receipt
of the tentative map, file its written comments with the planning
commission or the governing body recommending approval, conditional
approval or disapproval and stating the reasons therefor.
(Added to NRS by 1977, 1497; A 1979, 704; 1987, 520; 1993, 2561;
1997, 1984; 2005, 559 , 692 )
Except as
otherwise provided in a comprehensive regional plan adopted pursuant to
NRS 278.026 to 278.029 , inclusive, whenever a subdivider proposes to
subdivide any land within 1 mile of the boundary of a city, the planning
commission of the county or its designated representative, or, if there
is no planning commission, the clerk or other designated representative
of the governing body of the county shall forward a copy of the tentative
map to the planning commission of the city or, if there is no planning
commission, the governing body of the city for review and comment.
[19:110:1941; 1931 NCL § 5063.18]—(NRS A 1959, 499; 1973, 1768;
1993, 2562)
Whenever a subdivider proposes to subdivide any land within
an incorporated city in a county whose population is 100,000 or more, and
the proposed subdivision is within 1 mile of the boundary of an
unincorporated area of the county, the planning commission of the city or
its designated representative, or, if there is no planning commission,
the governing body of the city or its designated representative shall
forward a copy of the subdivider’s tentative map:
1. To the planning commission of the county for review and
comment; or
2. If there is no planning commission of the county, to the clerk
of the governing body of the county. The clerk shall submit the map to
the governing body of the county at its next regular meeting for review
and comment.
(Added to NRS by 1963, 102; A 1969, 1539; 1973, 1768; 1979, 530;
1989, 1917; 1993, 2563)
1. The planning commission or its designated representative, or,
if there is no planning commission, the clerk or other designated
representative of the governing body shall forward a copy of the
tentative map to the board of trustees of the school district within
which the proposed subdivision is located. Within 15 days after receipt
of the copy, the board of trustees shall, if a school site is needed
within the area, notify the commission or governing body that a site is
requested.
2. If the board of trustees requests a site, the person proposing
the subdivision shall set aside a site of the size which is determined by
the board. The person proposing the subdivision and the board of trustees
shall negotiate for the price of the site, which must not exceed the fair
market value of the land as determined by an independent appraisal paid
for by the board. If any land purchased by a school district pursuant to
the provisions of this subsection have not been placed in use as a school
site at the end of 10 years from the date of purchase, the land must be
offered to the subdivider or his successor in interest at a sale price
equal to the fair market value. If such person does not accept the offer,
then the board of trustees may:
(a) Sell or lease such property in the manner provided in NRS
277.050 or 393.220 to 393.320 , inclusive;
(b) Exchange such property in the manner provided in NRS 277.050
or 393.326 to 393.3293 , inclusive; or
(c) Retain such property, if such retention is determined to be in
the best interests of the school district.
3. Except as provided in subsection 4, when any land dedicated to
the use of the public school system or any land purchased and used as a
school site becomes unsuitable, undesirable or impractical for any school
uses or purposes, the board of trustees of the county school district in
which the land is located shall dispose of the land as provided in
subsection 2.
4. Land dedicated under the provisions of former NRS 116.020
, as it read before April 6, 1961, which the board of
trustees determines is unsuitable, undesirable or impractical for school
purposes may be reconveyed without cost to the dedicator or his successor
or successors in interest.
(Added to NRS by 1977, 1499; A 1993, 2563)
When any subdivider proposes to subdivide land, any part of
which is located within the boundaries of any general improvement
district organized or reorganized pursuant to chapter 318 of NRS, the planning commission or its designated representative,
or, if there is no planning commission, the clerk or other designated
representative of the governing body shall file a copy of the
subdivider’s tentative map with the board of trustees of the district.
The board of trustees may within 30 days review and comment in writing
upon the map to the planning commission or governing body. The planning
commission or governing body shall take any such comments into
consideration before approving the tentative map.
(Added to NRS by 1977, 424; A 1993, 2564)
In any county whose
population is less than 100,000, when any subdivider proposes to
subdivide land, any part of which is located within the boundaries of any
irrigation district organized pursuant to chapter 539 of NRS, the planning commission or its designated representative,
or, if there is no planning commission, the clerk or other designated
representative of the governing body shall file a copy of the
subdivider’s tentative map with the board of directors of the district.
The board of directors shall within 30 days review and comment in writing
upon the map to the planning commission or governing body. The planning
commission or governing body shall take those comments into consideration
before approving the tentative map.
(Added to NRS by 1987, 1391; A 1993, 2564)
1. In any county whose population is less than 100,000, when any
subdivider proposes to subdivide land which is located outside the
boundaries of any irrigation district organized pursuant to chapter 539
of NRS on which an irrigation ditch is located, the planning
commission or its designated representative, or if there is no planning
commission, the clerk or other designated representative of the governing
body, shall forward a copy of the subdivider’s tentative map, by
certified or registered mail, to the last known address of the owner of
record of any land to which the irrigation ditch is appurtenant that is
on file in the office of the county assessor pursuant to this section. An
owner of record who receives a copy of a subdivider’s tentative map
shall, within 30 days after receiving the map, review and comment in
writing upon the map to the planning commission or governing body. The
planning commission or governing body shall take those comments into
consideration before approving the tentative map.
2. A subdivider whose tentative map is provided to an owner of
record pursuant to this section is responsible for any costs incurred by
the planning commission or its designated representative, or by the clerk
or other designated representative of the governing body, in identifying
the owner of record and providing a copy of the tentative map to the
owner of record.
(Added to NRS by 2003, 974 )
1. Except as otherwise provided in subsection 2, the governing
body, if it has not authorized the planning commission to take final
action, shall, by an affirmative vote of a majority of all the members,
approve, conditionally approve or disapprove a tentative map filed
pursuant to NRS 278.330 :
(a) In a county whose population is 400,000 or more, within 45
days; or
(b) In a county whose population is less than 400,000, within 60
days,
Ê after receipt of the planning commission’s recommendations.
2. If there is no planning commission, the governing body shall
approve, conditionally approve or disapprove a tentative map:
(a) In a county whose population is 400,000 or more, within 45
days; or
(b) In a county whose population is less than 400,000, within 60
days,
Ê after the map is filed with the clerk of the governing body.
3. The governing body, or planning commission if it is authorized
to take final action on a tentative map, shall consider:
(a) Environmental and health laws and regulations concerning water
and air pollution, the disposal of solid waste, facilities to supply
water, community or public sewage disposal and, where applicable,
individual systems for sewage disposal;
(b) The availability of water which meets applicable health
standards and is sufficient in quantity for the reasonably foreseeable
needs of the subdivision;
(c) The availability and accessibility of utilities;
(d) The availability and accessibility of public services such as
schools, police protection, transportation, recreation and parks;
(e) Conformity with the zoning ordinances and master plan, except
that if any existing zoning ordinance is inconsistent with the master
plan, the zoning ordinance takes precedence;
(f) General conformity with the governing body’s master plan of
streets and highways;
(g) The effect of the proposed subdivision on existing public
streets and the need for new streets or highways to serve the subdivision;
(h) Physical characteristics of the land such as floodplain, slope
and soil;
(i) The recommendations and comments of those entities and persons
reviewing the tentative map pursuant to NRS 278.330 to 278.3485 , inclusive; and
(j) The availability and accessibility of fire protection,
including, but not limited to, the availability and accessibility of
water and services for the prevention and containment of fires, including
fires in wild lands.
4. The governing body or planning commission shall, by an
affirmative vote of a majority of all the members, make a final
disposition of the tentative map. Any disapproval or conditional approval
must include a statement of the reason for that action.
(Added to NRS by 1977, 1498; A 1979, 705; 1981, 1707; 1987, 659;
1989, 499; 1993, 2564; 1997, 2424; 2001, 1126 , 1968 , 2809 ; 2003, 976 )
Unless a longer time is provided in an agreement entered into
pursuant to NRS 278.0201 :
1. The time limit for acting and reporting on a tentative or final
map may be extended by mutual consent of the subdivider and the governing
body or planning commission, as the case may be.
2. If no action is taken within the time limits set forth in NRS
278.010 to 278.630 , inclusive, a tentative map as filed shall be
deemed to be approved, and the clerk of the governing body, or the
planning commission if it has been authorized to take final action, shall
certify the map as approved.
3. The time limits set forth in NRS 278.010 to 278.630 ,
inclusive, for tentative and final maps are suspended for a period, not
to exceed 1 year, during which this State or the Federal Government takes
any action to protect the environment or an endangered species which
prohibits, stops or delays the processing of a tentative map or the
development, processing or recordation of a final map.
[Part 22:110:1941; 1931 NCL § 5063.21]—(NRS A 1977, 1499; 1985,
2116; 1987, 660, 1304; 1991, 299; 1997, 2425)
If any property in a subdivision is offered
for sale before a final map is recorded for that subdivision, the seller
or his agent shall disclose to any potential buyer that the final map has
not been recorded.
(Added to NRS by 1979, 1361)
Subdivision of Land: Final Maps
1. Unless a longer time is provided in an agreement entered into
pursuant to NRS 278.0201 :
(a) Unless the time is extended, the subdivider shall present to
the governing body, or the planning commission or the director of
planning or other authorized person or agency if authorized to take final
action by the governing body, within 2 years after the approval of a
tentative map:
(1) A final map, prepared in accordance with the tentative
map, for the entire area for which a tentative map has been approved; or
(2) The first of a series of final maps covering a portion
of the approved tentative map. If the subdivider elects to present a
successive map in a series of final maps, each covering a portion of the
approved tentative map, the subdivider shall present to the governing
body, or the planning commission or the director of planning or other
authorized person or agency if authorized to take final action by the
governing body, on or before the anniversary of the date on which the
subdivider recorded the first in the series of final maps:
(I) A final map, prepared in accordance with the
tentative map, for the entire area for which the tentative map has been
approved; or
(II) The next final map in the series of final maps
covering a portion of the approved tentative map.
(b) If the subdivider fails to comply with the provisions of
paragraph (a), all proceedings concerning the subdivision are terminated.
(c) The governing body or planning commission may grant an
extension of not more than 1 year for the presentation of any final map
after the 1-year period for presenting a successive final map has expired.
2. If the subdivider is presenting in a timely manner a series of
final maps, each covering a portion of the approved tentative map, no
requirements other than those imposed on each of the final maps in the
series may be placed on the map when an extension of time is granted
unless the requirement is directly attributable to a change in applicable
laws which affect the public health, safety or welfare.
[Part 22:110:1941; 1931 NCL § 5063.21]—(NRS A 1973, 1768; 1977,
1500; 1981, 165, 1182; 1985, 564, 2116; 1987, 660, 1304; 1993, 2565;
1997, 2426; 2001, 2810 ; 2003, 2343 )
1. The survey, setting of monuments and final map must be made by
a professional land surveyor licensed in the State of Nevada.
2. The final monuments must be set before the recordation of the
final map unless the subdivider furnishes a performance bond or other
suitable assurance to the governing body or planning commission
guaranteeing that the subdivider will provide a professional land
surveyor to set the monuments on or before a day certain. The governing
body or planning commission shall determine the amount of the performance
bond, if any is required. If a surveyor other than the one signing the
final plat accepts responsibility for the setting of monuments, a
certificate of amendment must be filed and recorded.
3. The final monument must, except as otherwise provided in
subsections 6 and 7, consist of a nonferrous tablet, disc or cap securely
attached to the top of a metallic shaft solidly embedded in the ground,
with a minimum diameter of 5/8 of an inch and a length sufficient to
resist removal, and a mark for the exact point and stamped “PLS” followed
by the number of the professional land surveyor’s license.
4. Final monuments must be set at:
(a) Each corner of the boundary of the subdivision and at any point
necessary to ensure that each monument on a given boundary can be seen
from the next monument on that boundary.
(b) Intersections of centerlines of streets.
(c) Sufficient locations along the centerlines of streets so that
the centerlines may be retraced. These locations may be at, or on an
offset to, an angle to the centerline of a street, the center of a
cul-de-sac, a point which defines a curve (the beginning or end of a
curve or a point of intersection of a tangent) or an intersection with a
boundary of the subdivision.
(d) A position for a corner of the system of rectangular surveys
which is used as control in the survey required by this chapter to
establish property lines and corners of the subdivision.
Ê The governing body shall, by ordinance, adopt any additional standards
for the setting of final monuments which are reasonably necessary,
including the establishment of Nevada state plane coordinates thereon
pursuant to chapter 327 of NRS.
5. A final monument required in subsection 4 which falls in a
paved area must:
(a) Consist of a well with lid placed so that the top of the
tablet, disc or cap of the monument is not less than 4 inches below the
surface of the pavement; or
(b) Be of comparable construction as required by the governing body.
Ê The monument must be set flush with the top of the pavement with such
references as are required by the governing body.
6. If a point designated in subsection 4 falls on solid bedrock or
on a concrete or stone roadway, curb, gutter or walk, a durable
nonferrous metal tablet, disc or cap must be securely anchored in the
rock or concrete and marked as required in subsection 3.
7. If a monument required by subsection 3 cannot be set because of
steep terrain, water, marsh or existing structures, or if it would be
obliterated as a result of proposed construction, one or more reference
monuments must be set. In addition to the physical requirements for a
monument set forth in subsections 3 to 6, inclusive, the letters “RM” and
“WC” must be stamped in the tablet, disc or cap. If only one reference
monument is used, it must be set on the actual line or a prolongation
thereof. Otherwise, at least two reference monuments must be set. These
monuments shall be deemed final monuments.
8. A corner of a lot must be set by the land surveyor in the
manner approved by the governing body.
(Added to NRS by 1977, 1501; A 1985, 564; 1987, 660; 1989, 790;
1993, 1196; 1997, 1063)
1. The final map must be clearly and legibly drawn in permanent
black ink upon good tracing cloth or produced by the use of other
materials of a permanent nature generally used for such purpose in the
engineering profession. Affidavits, certificates and acknowledgments must
be legibly stamped or printed upon the final map with permanent black ink.
2. The size of each sheet of the final map must be 24 by 32
inches. A marginal line must be drawn completely around each sheet,
leaving an entirely blank margin of 1 inch at the top, bottom, and right
edges, and of 2 inches at the left edge along the 24-inch dimension.
3. The scale of the final map must be large enough to show all
details clearly. The final map must have a sufficient number of sheets to
accomplish this end.
4. Each sheet of the final map must indicate its particular
number, the total number of sheets in the final map and its relation to
each adjoining sheet.
5. The final map must show all surveyed and mathematical
information and data necessary to locate all monuments and to locate and
retrace all interior and exterior boundary lines appearing thereon,
including the bearings and distances of straight lines, central angle,
radii and arc length for all curves and such information as may be
necessary to determine the location of the centers of curves.
6. Each lot must be numbered or lettered.
7. Each street must be named and each block may be numbered or
lettered.
8. The exterior boundary of the land included within the
subdivision must be indicated by graphic border.
9. The final map must show:
(a) The definite location of the subdivision, particularly its
relation to surrounding surveys.
(b) The area of each lot and the total area of the land in the
subdivision in the following manner:
(1) In acres, calculated to the nearest one-hundredth of an
acre, if the area is 2 acres or more; or
(2) In square feet if the area is less than 2 acres.
(c) Any roads or easements of access which the owner intends to
offer for dedication.
(d) Except as otherwise provided in NRS 278.329 , an easement for public utilities that provide
gas, electric and telecommunications services and for any community
antenna television companies that have a franchise to operate a community
antenna television system in that area.
(e) Except as otherwise provided in NRS 278.329 , an easement for public utilities that provide
water and sewer services.
10. The final map for a condominium must also indicate, for the
purpose of assessing taxes, whether any garage units, parking spaces or
storage units may be conveyed separately from the units within the
condominium or are parceled separately from those units. As used in this
subsection, “condominium” has the meaning ascribed to it in NRS 116.027
.
11. The final map must also satisfy any additional survey and map
requirements, including the delineation of Nevada state plane coordinates
established pursuant to chapter 327 of NRS,
for any corner of the subdivision or any other point prescribed by the
local ordinance.
[Part 26:110:1941; 1931 NCL § 5063.25]—(NRS A 1960, 137; 1973,
1830; 1977, 1502; 1985, 896; 1991, 827; 1993, 1197, 2566; 2003, 2345
; 2005, 2669 )
The certificates and acknowledgments required by NRS 116.2109
and 278.374 to 278.378 ,
inclusive, must appear on a final map and may be combined where
appropriate.
(Added to NRS by 1977, 1502; A 1991, 583)
1. Except as otherwise provided in subsection 2, a final map
presented for filing must include a certificate signed and acknowledged,
in the manner provided in NRS 240.1665
or 240.167 , by each person who is an
owner of the land:
(a) Consenting to the preparation and recordation of the final map.
(b) Offering for dedication that part of the land which the person
wishes to dedicate for public use, subject to any reservation contained
therein.
(c) Reserving any parcel from dedication.
(d) Granting any permanent easement for utility or community
antenna television cable installation or access, as designated on the
final map, together with a statement approving such easement, signed by
the public utility, community antenna television company or person in
whose favor the easement is created or whose services are required.
2. If the map presented for filing is an amended map of a
common-interest community, the certificate need only be signed and
acknowledged by a person authorized to record the map under chapter 116
of NRS.
3. A final map of a common-interest community presented for
recording and, if required by local ordinance, a final map of any other
subdivision presented for recording must include:
(a) A report from a title company in which the title company
certifies that it has issued a guarantee for the benefit of the local
government which lists the names of:
(1) Each owner of record of the land to be divided; and
(2) Each holder of record of a security interest in the land
to be divided, if the security interest was created by a mortgage or a
deed of trust.
Ê The guarantee accompanying a final map of a common-interest community
must also show that there are no liens of record against the
common-interest community or any part thereof for delinquent state,
county, municipal, federal or local taxes or assessments collected as
taxes or special assessments.
(b) The written consent of each holder of record of a security
interest listed pursuant to subparagraph (2) of paragraph (a), to the
preparation and recordation of the final map. A holder of record may
consent by signing:
(1) The final map; or
(2) A separate document that is filed with the final map and
declares his consent to the division of land.
4. For the purpose of this section, the following shall be deemed
not to be an interest in land:
(a) A lien for taxes or special assessments.
(b) A trust interest under a bond indenture.
5. As used in this section, “guarantee” means a guarantee of the
type filed with the Commissioner of Insurance pursuant to paragraph (e)
of subsection 1 of NRS 692A.120 .
(Added to NRS by 1977, 1502; A 1991, 583; 1993, 205, 2337, 2378,
2566; 1995, 710; 2003, 2346 )
A final
map presented for filing must include a certificate of the surveyor
responsible for the survey. The certificate must be in the following form:
Surveyor’s Certificate
I, .........................(Name of Surveyor), a Professional Land
Surveyor licensed in the State of Nevada, certify that:
1. This plat represents the results of a survey conducted under my
direct supervision at the instance of
(Owner, Trustee, Etc.).
2. The lands surveyed lie
within.....................................................................
............
(Section, Township, Range, Meridian and, if required by the governing
body, a description by metes and bounds for any subdivision which is
divided into lots containing 5 acres in area or less),
and the survey was completed
on............................................................. (date).
3. This plat complies with the applicable state statutes and any local
ordinances in effect on the date that the governing body gave its final
approval.
4. The monuments depicted on the plat are of the character shown, occupy
the positions indicated and are of sufficient number and durability.
(OR)
4. The monuments depicted on the plat will be of the character shown and
occupy the positions indicated by .............................. (a day
certain) and an appropriate financial guarantee will be posted with the
governing body before recordation to ensure the installation of the
monuments.
........................................................
License Number and Stamp:
(Name of Surveyor)
(Added to NRS by 1977, 1503; A 1979, 440; 1981, 1159; 1989, 791;
1993, 2567; 1997, 1064)
1. A final map presented for filing must include a certificate by
the county surveyor or county engineer if a subdivision lies within an
unincorporated area, and if a subdivision lies within a city, a
certificate by the city surveyor, city engineer or county surveyor when
for that purpose appointed by the governing body of the city, stating:
(a) That he has examined the final map; and
(b) That the map is technically correct and that if the monuments
have not been set, that a proper performance bond has been deposited
guaranteeing their setting on or before a day certain.
2. The person certifying the information required by this section
must be licensed as a professional land surveyor or civil engineer
pursuant to chapter 625 of NRS.
(Added to NRS by 1977, 1503; A 1989, 792; 1991, 1890; 1997, 1065)
1. A final map presented for filing must include a certificate by:
(a) The Division of Environmental Protection of the State
Department of Conservation and Natural Resources or the district board of
health acting pursuant to NRS 278.335
indicating that the final map is approved concerning sewage disposal,
water pollution, water quality and water supply facilities. The district
board of health may not issue a certificate unless it has received:
(1) Written verification from the Division of Environmental
Protection that the final map has been approved by the Division with
regard to water pollution and sewage disposal in accordance with the
Nevada Water Pollution Control Law; and
(2) If the final map pertains to a subdivision which is
subject to the provisions of NRS 704.6672 , written verification from the Public Utilities Commission of
Nevada that the final map has been approved by the Public Utilities
Commission with regard to continuity and adequacy of water supply or
sewer service, or both, as applicable.
(b) The Division of Water Resources of the State Department of
Conservation and Natural Resources, showing that the final map is
approved by the Division of Water Resources concerning water quantity. If
the final map pertains to a subdivision which is subject to the
provisions of NRS 704.6672 , the Division of Water Resources may not issue a certificate
unless it has received written verification from the Public Utilities
Commission of Nevada that the final map has been approved by the Public
Utilities Commission with regard to continuity and adequacy of water
supply or sewer service, or both, as applicable.
2. Any person aggrieved by the issuance or denial of approval with
regard to water pollution and sewage disposal by the Division of
Environmental Protection may appeal to the State Environmental
Commission, which shall affirm, modify or reverse the action of the
Division of Environmental Protection. The State Environmental Commission
shall adopt regulations providing the time within which appeals must be
taken and the manner of taking the appeal to the State Environmental
Commission.
3. A copy of the certificate by the Division of Water Resources
required by subsection 1 must be furnished to the subdivider who in turn
shall provide a copy of the certificate to each purchaser of land before
the time the sale is completed. Any statement of approval as required in
subsection 1 is not a warranty or representation in favor of any person
as to the safety or quantity of such water.
(Added to NRS by 1977, 1504; A 1979, 706, 1919, 1920; 1993, 2568;
2005, 560 , 693 )
1. A final map presented to the county recorder for recording must
include a certificate by the clerk of the governing body or planning
commission, or the director of planning or other authorized person or
agency if authorized to take final action by the governing body, stating
that the governing body, planning commission, director of planning or
other authorized person or agency:
(a) Approved the map;
(b) Accepted or rejected on behalf of the public any parcel of land
offered for dedication for public use in conformity with the terms of the
offer of dedication; and
(c) If applicable, determined that a public street, easement or
utility easement that will not remain in effect after a merger and
resubdivision of parcels conducted pursuant to NRS 278.4925 , has been vacated or abandoned in accordance
with NRS 278.480 .
2. The director of planning or, if there is no director of
planning, the clerk of the governing body shall certify on the final map
that it substantially complies with the tentative map and all conditions
have been met.
3. The clerk of the governing body or planning commission shall
cause the approved final map to be presented to the county recorder for
recording.
(Added to NRS by 1977, 1504; A 1985, 566; 1987, 662; 1999, 788
; 2001, 1759 )
1. After receipt of the final map:
(a) The governing body or planning commission, at its next meeting;
or
(b) If authorized by the governing body, the director of planning
or other authorized person or agency, within 10 days after the map is
accepted as a complete application by the governing body, planning
commission, the director of planning or other authorized person or agency,
Ê shall approve the map if it conforms to all the requirements of NRS
278.010 to 278.630 , inclusive, and of any local ordinance
applicable at the time of approval of the final map, or any rulings made
thereunder.
2. The governing body, planning commission or director of planning
or other authorized person or agency shall at that time also accept or
reject all offers of dedication and may, as a condition precedent to the
acceptance of streets or easements, require that the subdivider improve
or agree to improve the streets or easements.
3. If an agreement for a required improvement is entered into, the
governing body or planning commission may require that the agreement be
secured by a good and sufficient bond or other security in the amount
determined by the governing body, planning commission or director of
planning or other authorized person or agency.
4. Any requirement imposed by the planning commission, director of
planning or other authorized person or agency pursuant to this section
may be appealed in accordance with the ordinance adopted pursuant to NRS
278.3195 . If such an appeal is filed,
the limit on time to approve or disapprove a final map in subsection 1 is
extended until 10 days after:
(a) The decision of the governing body on the appeal; or
(b) The decision of the district court, if the decision of the
governing body is appealed to the district court.
[24:110:1941; 1931 NCL § 5063.23]—(NRS A 1977, 1500; 1981, 1183;
1985, 566; 1987, 662; 1997, 2426; 2001, 2811 )
The governing body, planning commission or director of
planning or other authorized person or agency shall not approve any final
map for a subdivision served by a public water system which it receives
after May 15, 1977, unless the subdivider has submitted plans which
provide for the installation of water meters or other devices which will
measure water delivered to each water user in the subdivision.
(Added to NRS by 1977, 1401; A 1987, 662; 1997, 2427)
Title to property
dedicated or accepted for streets and easements passes when the final map
is recorded. If at the time the final map is approved any streets are
rejected, the offer of dedication shall be deemed to remain open and the
governing body or planning commission may by resolution at any later
date, and without further action by the subdivider, rescind its action
and accept and open the streets for public use. Such an acceptance must
be recorded in the office of the county recorder and be so noted by the
recorder on the subdivision plat, if the county recorder does not
maintain a cumulative index for such plats and amendments. If such an
index is maintained, the county recorder shall direct an appropriate
entry for the acceptance or amendment.
[25:110:1941; 1931 NCL § 5063.24]—(NRS A 1977, 1501; 1987, 379,
662, 664; 1997, 2427)
For the recordation of
any final map, the county recorder shall collect a fee of $50 for the
first sheet of the map and $10 for each additional sheet. The fee must be
deposited in the general fund of the county where it is collected.
[32:110:1941; 1931 NCL § 5063.31]—(NRS A 1973, 1773; 1975, 1425;
1977, 1504; 1993, 1357; 2001, 3217 )
1. A county recorder shall not record any final map unless the map:
(a) Contains or is accompanied by the report of a title company and
all the certificates of approval, conveyance and consent required by the
provisions of NRS 278.374 to 278.378
, inclusive, and by the provisions of
any local ordinance; and
(b) Is accompanied by a written statement signed by the treasurer
of the county in which the land to be divided is located indicating that
all property taxes on the land for the fiscal year have been paid and
that the full amount of any deferred property taxes for the conversion of
the property from agricultural use has been paid pursuant to NRS 361A.265
.
2. The provisions of NRS 278.010
to 278.630 , inclusive, do not prevent
the recording, pursuant to the provisions of NRS 278.010 to 278.630 ,
inclusive, and any applicable local ordinances, of a map of any land
which is not a subdivision, nor do NRS 278.010 to 278.630 ,
inclusive, prohibit the recording of a map in accordance with the
provisions of any statute requiring the recording of professional land
surveyor’s records of surveys.
3. A county recorder shall accept or refuse a final map for
recordation within 10 days after its delivery to him.
4. A county recorder who records a final map pursuant to this
section shall, within 7 working days after he records the final map,
provide to the county assessor at no charge:
(a) A duplicate copy of the final map and any supporting documents;
or
(b) Access to the digital final map and any digital supporting
documents. The map and supporting documents must be in a form that is
acceptable to the county recorder and the county assessor.
[18.2:110:1941; added 1947, 834; 1943 NCL § 5063.17b]—(NRS A 1973,
1773; 1977, 1504; 1989, 500; 1991, 1383; 1993, 2569; 1997, 1584; 2001,
1559 , 1760 ; 2003, 2785 )
Parcel Maps
1. Except as otherwise provided in this section, a person who
proposes to divide any land for transfer or development into four lots or
less shall:
(a) Prepare a parcel map and file the number of copies, as required
by local ordinance, of the parcel map with the planning commission or its
designated representative or, if there is no planning commission, with
the clerk of the governing body; and
(b) Pay a filing fee in an amount determined by the governing body,
Ê unless these requirements are waived or the provisions of NRS 278.471
to 278.4725 , inclusive, apply. The map must be
accompanied by a written statement signed by the treasurer of the county
in which the land to be divided is located indicating that all property
taxes on the land for the fiscal year have been paid.
2. If the parcel map is submitted to the clerk of the governing
body, he shall submit the parcel map to the governing body at its next
regular meeting.
3. A common-interest community consisting of four units or less
shall be deemed to be a division of land within the meaning of this
section, but need only comply with this section and NRS 278.371 , 278.373 to
278.378 , inclusive, 278.462 , 278.464 and
278.466 .
4. A parcel map is not required when the division is for the
express purpose of:
(a) The creation or realignment of a public right-of-way by a
public agency.
(b) The creation or realignment of an easement.
(c) An adjustment of the boundary line between two abutting parcels
or the transfer of land between two owners of abutting parcels, which
does not result in the creation of any additional parcels, if such an
adjustment is approved pursuant to NRS 278.5692 and is made in compliance with the provisions
of NRS 278.5693 .
(d) The purchase, transfer or development of space within an
apartment building or an industrial or commercial building.
(e) Carrying out an order of any court or dividing land as a result
of an operation of law.
5. A parcel map is not required for any of the following
transactions involving land:
(a) The creation of a lien, mortgage, deed of trust or any other
security instrument.
(b) The creation of a security or unit of interest in any
investment trust regulated under the laws of this State or any other
interest in an investment entity.
(c) Conveying an interest in oil, gas, minerals or building
materials, which is severed from the surface ownership of real property.
(d) Conveying an interest in land acquired by the Department of
Transportation pursuant to chapter 408 of NRS.
(e) Filing a certificate of amendment pursuant to NRS 278.473
.
6. When two or more separate lots, parcels, sites, units or plots
of land are purchased, they remain separate for the purposes of this
section and NRS 278.468 , 278.590 and 278.630 .
When the lots, parcels, sites, units or plots are resold or conveyed they
are exempt from the provisions of NRS 278.010 to 278.630 ,
inclusive, until further divided.
7. Unless a method of dividing land is adopted for the purpose or
would have the effect of evading this chapter, the provisions for the
division of land by a parcel map do not apply to a transaction exempted
by paragraph (c) of subsection 1 of NRS 278.320 .
[27.1:110:1941; added 1947, 834; 1943 NCL § 5063.26a]—(NRS A 1973,
453, 1338; 1975, 1564; 1977, 1508; 1979, 1499; 1983, 251; 1985, 709;
1989, 501; 1991, 583, 1383, 1387; 1993, 2569)
The governing body or, if authorized by the governing body, the planning
commission or other authorized person:
1. May require street grading, drainage provisions and lot designs
as are reasonably necessary.
2. If it anticipates, based upon duly adopted ordinances and
plans, that the parcels will be used for residential, commercial or
industrial purposes, may require off-site access, street alignment,
surfacing and width, water quality, water supply and sewerage provisions
only as necessary and consistent with the existing use of any land zoned
for similar use which is within 660 feet of the proposed parcel. If the
proposed parcels are less than 1 acre, the governing body or, if
authorized by the governing body, the planning commission or other
authorized person may require additional improvements which are
reasonably necessary and consistent with the use of the land if it is
developed as proposed.
3. For a second or subsequent parcel map with respect to:
(a) A single parcel; or
(b) A contiguous tract of land under the same ownership,
Ê may require any reasonable improvement, but not more than would be
required if the parcel were a subdivision.
(Added to NRS by 1977, 1509; A 1991, 624; 1993, 2570; 1995, 710;
2003, 656 )
The governing body
of a city or county may not require the minimum size of a mobile home lot
that is individually owned to be larger than the minimum size of a mobile
home lot that is leased to a tenant.
(Added to NRS by 1993, 1470)
Except as otherwise
provided in this section, a parcel map must be based on a survey made for
that purpose. The county surveyor, city surveyor or professional land
surveyor appointed by the governing body, may pursuant to NRS 278.464
waive the requirement of a survey if,
in his judgment, a survey is not required to accomplish the purposes of
NRS 278.010 to 278.630 , inclusive.
(Added to NRS by 1975, 1562; A 1993, 2571)
1. Except as otherwise provided in subsection 2, if there is a
planning commission, it shall:
(a) In a county whose population is 400,000 or more, within 45
days; or
(b) In a county whose population is less than 400,000, within 60
days,
Ê after accepting as a complete application a parcel map, recommend
approval, conditional approval or disapproval of the map in a written
report. The planning commission shall submit the parcel map and the
written report to the governing body.
2. If the governing body has authorized the planning commission to
take final action on a parcel map, the planning commission shall:
(a) In a county whose population is 400,000 or more, within 45
days; or
(b) In a county whose population is less than 400,000, within 60
days,
Ê after accepting as a complete application the parcel map, approve,
conditionally approve or disapprove the map. The planning commission
shall file its written decision with the governing body. Unless the time
is extended by mutual agreement, if the planning commission is authorized
to take final action and it fails to take action within the period
specified in this subsection, the parcel map shall be deemed approved.
3. If there is no planning commission or if the governing body has
not authorized the planning commission to take final action, the
governing body or, by authorization of the governing body, the director
of planning or other authorized person or agency shall:
(a) In a county whose population is 400,000 or more, within 45
days; or
(b) In a county whose population is less than 400,000, within 60
days,
Ê after acceptance of the parcel map as a complete application by the
governing body pursuant to subsection 1 or pursuant to subsection 2 of
NRS 278.461 , review and approve,
conditionally approve or disapprove the parcel map. Unless the time is
extended by mutual agreement, if the governing body, the director of
planning or other authorized person or agency fails to take action within
the period specified in this subsection, the parcel map shall be deemed
approved.
4. Except as otherwise provided in NRS 278.463 , if unusual circumstances exist, a governing
body or, if authorized by the governing body, the planning commission may
waive the requirement for a parcel map. Before waiving the requirement
for a parcel map, a determination must be made by the county surveyor,
city surveyor or professional land surveyor appointed by the governing
body that a survey is not required. Unless the time is extended by mutual
agreement, a request for a waiver must be acted upon:
(a) In a county whose population is 400,000 or more, within 45
days; or
(b) In a county whose population is less than 400,000, within 60
days,
Ê after the date of the request for the waiver or, in the absence of
action, the waiver shall be deemed approved.
5. A governing body may consider or may, by ordinance, authorize
the consideration of the criteria set forth in subsection 3 of NRS
278.349 in determining whether to
approve, conditionally approve or disapprove a second or subsequent
parcel map for land that has been divided by a parcel map which was
recorded within the 5 years immediately preceding the acceptance of the
second or subsequent parcel map as a complete application.
6. An applicant or other person aggrieved by a decision of the
governing body’s authorized representative or by a final act of the
planning commission may appeal the decision in accordance with the
ordinance adopted pursuant to NRS 278.3195 .
7. If a parcel map and the associated division of land are
approved or deemed approved pursuant to this section, the approval must
be noted on the map in the form of a certificate attached thereto and
executed by the clerk of the governing body, the governing body’s
designated representative or the chairman of the planning commission. A
certificate attached to a parcel map pursuant to this subsection must
indicate, if applicable, that the governing body or planning commission
determined that a public street, easement or utility easement which will
not remain in effect after a merger and resubdivision of parcels
conducted pursuant to NRS 278.4925 has
been vacated or abandoned in accordance with NRS 278.480 .
(Added to NRS by 1977, 1510; A 1989, 792; 1993, 2571; 1997, 2427;
1999, 788 , 893 ; 2001, 64 , 1969 , 2811 )
1. The parcel map must be legibly drawn in permanent black ink on
tracing cloth or produced by the use of other materials of a permanent
nature generally used for that purpose in the engineering profession.
Affidavits, certificates and acknowledgments must be legibly stamped or
printed upon the map with permanent black ink. The size of each sheet
must be 24 by 32 inches. A marginal line must be drawn completely around
each sheet, leaving an entirely blank margin of 1 inch at the top, bottom
and right edges, and of 2 inches at the left edge along the 24-inch
dimension.
2. A parcel map must indicate the owner of any adjoining land, or
any right-of-way if owned by the person dividing the land.
3. A parcel map must show:
(a) The area of each parcel or lot and the total area of the land
to be divided in the following manner:
(1) In acres, calculated to the nearest one-hundredth of an
acre, if the area is 2 acres or more; or
(2) In square feet if the area is less than 2 acres.
(b) All monuments found, set, reset, replaced or removed,
describing their kind, size and location and giving other data relating
thereto.
(c) Bearing or witness monuments, the basis of bearings, bearing
and length of lines and the scale of the map.
(d) The name and legal designation of the tract or grant in which
the survey is located and any ties to adjoining tracts.
(e) Any easements granted or dedications made.
(f) Any other data necessary for the intelligent interpretation of
the various items and locations of the points, lines and area shown.
4. A parcel map must include:
(a) The memorandum of oaths described in NRS 625.320 .
(b) The certificate of the surveyor required pursuant to NRS
278.375 .
(c) The signature of each owner of the land to be divided.
5. A governing body may by local ordinance require a parcel map to
include:
(a) A report from a title company which lists the names of:
(1) Each owner of record of the land to be divided; and
(2) Each holder of record of a security interest in the land
to be divided,
Ê if the security interest was created by a mortgage or a deed of trust.
(b) The written consent of each holder of record of a security
interest listed pursuant to subparagraph (2) of paragraph (a) to the
preparation and recordation of the parcel map. A holder of record of a
security interest may consent by signing:
(1) The parcel map; or
(2) A separate document that is recorded with the parcel map
and declares his consent to the division of land, if the map contains a
notation that a separate document has been recorded to this effect.
6. If the requirement for a parcel map is waived, the governing
body may specify by local ordinance the type and extent of information or
mapping necessary for the division of land.
7. Reference to the parcel number and recording data of a recorded
parcel map is a complete legal description of the land contained in the
parcel.
[Part 27.2:110:1941; added 1947, 834; 1943 NCL § 5063.26b]—(NRS A
1960, 138; 1973, 1338; 1975, 1566; 1977, 1510; 1985, 897; 1989, 793;
1993, 2572; 1995, 198)
1. If the requirement for a parcel map is waived, the authority
which granted the waiver may require the preparation and recordation of a
document which contains:
(a) A legal description of all parts based on a system of
rectangular surveys;
(b) A provision for the dedication or reservation of any road
right-of-way or easement; and
(c) The approval of the authority which granted the waiver.
2. If a description by metes and bounds is necessary in describing
the parcel division, it must be prepared by a professional land surveyor
and bear his signature and stamp.
3. The person preparing the document may include the following
statement:
This document was prepared from existing information (identifying
it and stating where filed and recorded), and the undersigned assumes no
responsibility for the existence of monuments or correctness of other
information shown on or copied from any such prior documents.
4. A document recorded pursuant to this section must be
accompanied by a written statement signed by the treasurer of the county
in which the land to be divided is located indicating that all property
taxes on the land for the fiscal year have been paid.
5. A county recorder who records a document pursuant to this
section shall, within 7 working days after he records the document,
provide to the county assessor at no charge:
(a) A duplicate copy of the document; or
(b) Access to the digital document. The document must be in a form
that is acceptable to the county recorder and the county assessor.
(Added to NRS by 1977, 1511; A 1989, 501, 794; 1991, 1384; 1993,
2573; 2001, 1560 ; 2003, 2786 )
1. If a parcel map is approved or deemed approved pursuant to NRS
278.464 , the preparer of the map shall:
(a) Cause the approved map to be recorded in the office of the
county recorder within 1 year after the date the map was approved or
deemed approved, unless the governing body establishes by ordinance a
longer period, not to exceed 2 years, for recording the map. The map must
be accompanied by a written statement signed by the treasurer of the
county in which the land to be divided is located indicating that all
property taxes on the land for the fiscal year have been paid.
(b) Pay a fee of $17 for the first sheet of the map plus $10 for
each additional sheet to the county recorder for filing and indexing.
2. Upon receipt of a parcel map, the county recorder shall file
the map in a suitable place. He shall keep proper indexes of parcel maps
by the name of grant, tract, subdivision or United States subdivision.
3. A county recorder who records a parcel map pursuant to this
section shall, within 7 working days after he records the parcel map,
provide to the county assessor at no charge:
(a) A duplicate copy of the parcel map and any supporting
documents; or
(b) Access to the digital parcel map and any digital supporting
documents. The map and supporting documents must be in a form that is
acceptable to the county recorder and the county assessor.
[Part 27.2:110:1941; added 1947, 834; 1943 NCL § 5063.26b]—(NRS A
1969, 255; 1973, 1339; 1975, 757; 1981, 214; 1993, 1357, 2574; 1995, 710;
1997, 2428; 1999, 895 ; 2001, 1560 , 3217 ; 2003, 2786 )
If a record of survey contains two or
more lots or parcels, the surveyor or a person for whom the record of
survey is made shall place upon the map thereof a statement of the facts
which will clearly show that such record of survey is not in conflict
with the requirements of NRS 278.010 to
278.630 , inclusive, and the regulations
of transactions pertaining thereto shall be complied with.
[Part 27.2:110:1941; added 1947, 834; 1943 NCL § 5063.26b]—NRS A
1973, 1339; 1977, 1511)—(Substituted in revision for NRS 278.540)
Division of Land Into Large Parcels
471 to 278.4725 , inclusive; exemption.
1. Except as provided in subsections 2 and 3, a proposed division
of land is subject to the provisions of NRS 278.471 to 278.4725 , inclusive, if each proposed lot is at least:
(a) One-sixteenth of a section as described by a government land
office survey; or
(b) Forty acres in area, including roads and easements.
2. The governing body of a city, the board of county commissioners
with respect to the unincorporated area, may by ordinance elect to make
NRS 278.471 to 278.4725 , inclusive, apply to each proposed division
of land where each proposed lot is at least:
(a) One-sixty-fourth of a section as described by a government land
office survey; or
(b) Ten acres in area, including roads and easements.
3. A proposed division of land into lots or parcels, each of which
contains not less than one section or 640 acres, is not subject to NRS
278.471 to 278.4725 , inclusive.
(Added to NRS by 1979, 1504)
1. Unless the filing of a tentative map is waived, a person who
proposes to make a division of land pursuant to NRS 278.471 to 278.4725 , inclusive, must first:
(a) File a tentative map for the area in which the land is located
with the planning commission or its designated representative or with the
clerk of the governing body if there is no planning commission; and
(b) Pay a filing fee of no more than $750 set by the governing body.
2. This map must be:
(a) Entitled “Tentative Map of Division into Large Parcels”; and
(b) Prepared and certified by a professional land surveyor.
3. This map must show:
(a) The approximate, calculated or actual acreage of each lot and
the total acreage of the land to be divided.
(b) Any roads or easements of access which exist, are proposed in
the applicable master plan or are proposed by the person who intends to
divide the land.
(c) Except as otherwise provided in NRS 278.329 , an easement for public utilities that provide
gas, electric and telecommunications services and for any community
antenna television companies that have a franchise to operate a community
antenna television system in that area.
(d) Except as otherwise provided in NRS 278.329 , an easement for public utilities that provide
water and sewer services.
(e) Any existing easements for irrigation or drainage, and any
normally continuously flowing watercourses.
(f) An indication of any existing road or easement which the owner
does not intend to dedicate.
(g) The name and address of the owner of the land.
(Added to NRS by 1979, 1504; A 1989, 794; 1993, 2574; 1997, 2429;
1999, 895 ; 2003, 2347 )
1. The planning commission or, if there is no planning commission,
the governing body or its authorized representative may waive the
requirement of filing the tentative map.
2. If the tentative map is filed with the planning commission or
with the governing body or its authorized representative, the planning
commission or the governing body or its authorized representative may
within 60 days after the filing of the tentative map designate the
location and width of any easements for roads and public utilities as
shown on the master plan if there is one applicable to the area to be
divided, or designate the location and width of any easements for roads
and public utilities which may be reasonably necessary to serve the area
to be divided if there is no master plan.
3. The planning commission or the governing body or its authorized
representative shall not designate an easement after the expiration of 60
days from the filing of the tentative map.
(Added to NRS by 1979, 1505; A 1997, 2429)
1. After the planning commission or the governing body or its
authorized representative has approved the tentative map or waived the
requirement of its filing, or 60 days after the date of its filing,
whichever is earlier, the person who proposes to divide the land may file
a final map of the division with the governing body or its authorized
representative or, if authorized by the governing body, with the planning
commission. The map must be accompanied by a written statement signed by
the treasurer of the county in which the land to be divided is located
indicating that all property taxes on the land for the fiscal year have
been paid.
2. This map must be:
(a) Entitled “Map of Division into Large Parcels.”
(b) Filed with the governing body or its authorized representative
or, if authorized by the governing body, with the planning commission not
later than 1 year after the date that the tentative map was first filed
with the planning commission or the governing body or its authorized
representative or that the requirement of its filing was waived.
(c) Prepared by a professional land surveyor.
(d) Based upon an actual survey by the preparer and show the date
of the survey and contain the certificate of the surveyor required
pursuant to NRS 278.375 .
(e) Clearly and legibly drawn in permanent black ink upon good
tracing cloth or produced by the use of other materials of a permanent
nature generally used for this purpose in the engineering profession.
Affidavits, certificates and acknowledgments must be legibly stamped or
printed upon the map with permanent black ink.
(f) Twenty-four by 32 inches in size with a marginal line drawn
completely around each sheet, leaving an entirely blank margin of 1 inch
at the top, bottom, and right edges, and of 2 inches at the left edge
along the 24-inch dimension.
(g) Of scale large enough to show clearly all details.
3. The particular number of the sheet and the total number of
sheets comprising the map must be stated on each of the sheets, and its
relation to each adjoining sheet must be clearly shown.
4. This map must show and define:
(a) All subdivision lots by the number and actual acreage of each
lot.
(b) Any roads or easements of access which exist and which the
owner intends to offer for dedication, any roads or easements of access
which are shown on the applicable master plan and any roads or easements
of access which are specially required by the planning commission or the
governing body or its authorized representative.
(c) Except as otherwise provided in NRS 278.329 , an easement for public utilities that provide
gas, electric and telecommunications services and for any community
antenna television companies that have a franchise to operate a community
antenna television system in that area.
(d) Except as otherwise provided in NRS 278.329 , an easement for public utilities that provide
water and sewer services.
(e) Any existing easements for irrigation or drainage, and any
normally continuously flowing watercourses.
(Added to NRS by 1979, 1505; A 1989, 502, 795; 1991, 280, 1384;
1993, 2575; 1997, 2430; 2003, 2348 )
1. Except as otherwise provided in this section, if the governing
body has authorized the planning commission to take final action on a
final map, the planning commission shall approve, conditionally approve
or disapprove the final map, basing its action upon the requirements of
NRS 278.472 :
(a) In a county whose population is 400,000 or more, within 45
days; or
(b) In a county whose population is less than 400,000, within 60
days,
Ê after accepting the final map as a complete application. The planning
commission shall file its written decision with the governing body.
Except as otherwise provided in subsection 5, or unless the time is
extended by mutual agreement, if the planning commission is authorized to
take final action and it fails to take action within the period specified
in this subsection, the final map shall be deemed approved
unconditionally.
2. If there is no planning commission or if the governing body has
not authorized the planning commission to take final action, the
governing body or its authorized representative shall approve,
conditionally approve or disapprove the final map, basing its action upon
the requirements of NRS 278.472 :
(a) In a county whose population is 400,000 or more, within 45
days; or
(b) In a county whose population is less than 400,000, within 60
days,
Ê after the final map is accepted as a complete application. Except as
otherwise provided in subsection 5 or unless the time is extended by
mutual agreement, if the governing body or its authorized representative
fails to take action within the period specified in this subsection, the
final map shall be deemed approved unconditionally.
3. An applicant or other person aggrieved by a decision of the
authorized representative of the governing body or by a final act of the
planning commission may appeal the decision in accordance with the
ordinance adopted pursuant to NRS 278.3195 .
4. If the map is disapproved, the governing body or its authorized
representative or the planning commission shall return the map to the
person who proposes to divide the land, with the reason for its action
and a statement of the changes necessary to render the map acceptable.
5. If the final map divides the land into 16 lots or more, the
governing body or its authorized representative or the planning
commission shall not approve a map, and a map shall not be deemed
approved, unless:
(a) Each lot contains an access road that is suitable for use by
emergency vehicles; and
(b) The corners of each lot are set by a professional land surveyor.
6. If the final map divides the land into 15 lots or less, the
governing body or its authorized representative or the planning
commission may, if reasonably necessary, require the map to comply with
the provisions of subsection 5.
7. Upon approval, the map must be filed with the county recorder.
Filing with the county recorder operates as a continuing:
(a) Offer to dedicate for public roads the areas shown as proposed
roads or easements of access, which the governing body may accept in
whole or in part at any time or from time to time.
(b) Offer to grant the easements shown for public utilities, which
any public utility may similarly accept without excluding any other
public utility whose presence is physically compatible.
8. The map filed with the county recorder must include:
(a) A certificate signed and acknowledged by each owner of land to
be divided consenting to the preparation of the map, the dedication of
the roads and the granting of the easements.
(b) A certificate signed by the clerk of the governing body or
authorized representative of the governing body or the secretary to the
planning commission that the map was approved, or the affidavit of the
person presenting the map for filing that the time limited by subsection
1 or 2 for action by the governing body or its authorized representative
or the planning commission has expired and that the requirements of
subsection 5 have been met. A certificate signed pursuant to this
paragraph must also indicate, if applicable, that the governing body or
planning commission determined that a public street, easement or utility
easement which will not remain in effect after a merger and resubdivision
of parcels conducted pursuant to NRS 278.4925 , has been vacated or abandoned in accordance
with NRS 278.480 .
(c) A written statement signed by the treasurer of the county in
which the land to be divided is located indicating that all property
taxes on the land for the fiscal year have been paid.
9. A governing body may by local ordinance require a final map to
include:
(a) A report from a title company which lists the names of:
(1) Each owner of record of the land to be divided; and
(2) Each holder of record of a security interest in the land
to be divided, if the security interest was created by a mortgage or a
deed of trust.
(b) The signature of each owner of record of the land to be divided.
(c) The written consent of each holder of record of a security
interest listed pursuant to subparagraph (2) of paragraph (a), to the
preparation and recordation of the final map. A holder of record may
consent by signing:
(1) The final map; or
(2) A separate document that is filed with the final map and
declares his consent to the division of land.
10. After a map has been filed with the county recorder, any lot
shown thereon may be conveyed by reference to the map, without further
description.
11. The county recorder shall charge and collect for recording the
map a fee set by the board of county commissioners of not more than $50
for the first sheet of the map plus $10 for each additional sheet.
12. A county recorder who records a final map pursuant to this
section shall, within 7 working days after he records the final map,
provide to the county assessor at no charge:
(a) A duplicate copy of the final map and any supporting documents;
or
(b) Access to the digital final map and any digital supporting
documents. The map and supporting documents must be in a form that is
acceptable to the county recorder and the county assessor.
(Added to NRS by 1979, 1506; A 1979, 1506; 1989, 503; 1991, 281,
1385; 1993, 1358, 2576; 1995, 199, 710; 1997, 2430; 1999, 790 ; 2001, 1561 , 1970 , 2813 , 3218 ; 2003, 227 , 2787 )
Amendment of Plats, Surveys and Maps
1. To correct an error or omission in or to amend any recorded
subdivision plat, record of survey, parcel map, map of division into
large parcels or reversionary map, if the correction or amendment does
not change or purport to change the physical location of any survey
monument, property line or boundary line, a certificate of amendment must
be requested and recorded pursuant to this section.
2. A certificate of amendment may be requested by:
(a) The county surveyor to make a correction or amendment which
affects land located within the boundaries of an unincorporated area or
Carson City;
(b) The city surveyor or a professional land surveyor appointed by
the governing body of the city to make a correction or amendment which
affects land located within an incorporated city;
(c) The planning commission if authorized by local ordinance; or
(d) A professional land surveyor registered pursuant to chapter 625
of NRS.
3. If a certificate of amendment is requested to correct or amend
a record of survey, the surveyor who:
(a) Requests the certificate of amendment; or
(b) Is responsible for an error or omission which is to be
corrected,
Ê shall prepare and record the certificate of amendment within 90 days
after he receives notification of the request made pursuant to subsection
2. If the surveyor is no longer professionally active, the county
surveyor, city surveyor or a professional land surveyor appointed by the
governing body shall prepare and file the certificate.
4. The certificate of amendment must:
(a) Be in the form of a letter addressed to the county surveyor,
the city surveyor, a professional land surveyor appointed by the
governing body of the city or, if authorized by local ordinance, the
planning commission;
(b) Specify the title, legal description and recording date of the
document being corrected or amended;
(c) Concisely state the data being changed and the correction or
amendment;
(d) Be dated, signed and sealed by the surveyor preparing the
certificate; and
(e) Contain the following statement, dated and signed by the county
surveyor, city surveyor or a professional land surveyor appointed by the
governing body:
I hereby certify that I have examined the certificate of amendment
and that the changes to the original document specified therein are
provided for in applicable sections of NRS 278.010 to 278.630 ,
inclusive, 625.340 to 625.380 , inclusive, and local ordinances adopted pursuant thereto, and
I am satisfied that this certificate of amendment so amends or corrects
the document as to make it technically correct.
5. Upon the recording of a certificate of amendment, the county
recorder shall cause a proper notation to be entered upon all recorded
sheets of the original document being amended, if the county recorder
does not maintain a cumulative index for such maps and amendments. If
such an index is maintained, the county recorder shall direct an
appropriate entry for the amendment.
(Added to NRS by 1977, 1505; A 1979, 1500; 1987, 380; 1989, 795;
1991, 1151; 1993, 2577; 1997, 2432)
1. To correct an error or omission in or to amend any recorded
subdivision plat, record of survey, parcel map, map of division into
large parcels or reversionary map, if the correction or amendment changes
or purports to change the physical location of any survey monument,
property line or boundary line, an amended plat, survey or map must be
requested and recorded pursuant to this section.
2. An amended plat, survey or map may be requested by:
(a) The county surveyor to make a correction or amendment which
affects land located within the boundaries of an unincorporated area or
Carson City;
(b) The city surveyor or a professional land surveyor appointed by
the governing body of the city to make a correction or amendment which
affects land located within an incorporated city;
(c) The planning commission if authorized by local ordinance; or
(d) A professional land surveyor registered pursuant to chapter 625
of NRS.
3. Except as otherwise provided in this subsection, a surveyor who:
(a) Performed the survey; or
(b) Is responsible for an error or omission which is to be
corrected,
Ê shall prepare and record the amended plat, survey or map within 90 days
after he receives notification of the request made pursuant to subsection
2. The time within which the surveyor must prepare and record the amended
plat, survey or map may be extended by the county surveyor, the city
surveyor or a professional land surveyor appointed by the governing body
of the city or the planning commission. If the surveyor who performed the
survey or is responsible for the error or omission is no longer
professionally active, the county surveyor, city surveyor or a
professional land surveyor appointed by the governing body shall prepare
and file the amended plat, survey or map.
(Added to NRS by 1977, 1505; A 1979, 1501; 1991, 1152; 1993, 2578;
1997, 2434)
1. In addition to the requirements of subsection 2, an amendment
of a recorded subdivision plat, parcel map, map of division into large
parcels or record of survey which changes or purports to change the
physical location of any survey monument, property line or boundary line
is subject to the following requirements:
(a) If the proposed amendment is to a parcel map, map of division
into large parcels or record of survey, the same procedures and
requirements as in the original filing.
(b) If the proposed amendment is to a subdivision plat, only those
procedures for the approval and filing of a final map.
2. Any amended subdivision plat, parcel map, map of division into
large parcels or record of survey required pursuant to subsection 1 must:
(a) Be identical in size and scale to the document being amended,
drawn in the manner and on the material provided by law;
(b) Have the words “Amended Plat of” prominently displayed on each
sheet above the title of the document amended;
(c) Have a legal description that describes only the property which
is to be included in the amendment;
(d) Have a blank margin for the county recorder’s index information;
(e) Have a 3-inch square adjacent to and on the left side of the
existing square for the county recorder’s information and stamp; and
(f) Contain a certificate of the professional land surveyor
licensed pursuant to chapter 625 of NRS who prepared the amendment stating that it complies with all
pertinent sections of NRS 278.010 to
278.630 , inclusive, and 625.340 to 625.380 , inclusive, and with any applicable local ordinance.
3. Any amended subdivision plat, parcel map, map of division into
large parcels or record of survey that is recorded in support of an
adjusted boundary must:
(a) Contain or be accompanied by the report of a title company and
the certificate required by NRS 278.374
or an order of the district court of the county in which the land is
located that the amendment may be approved without all the necessary
signatures if the order is based upon a finding that:
(1) A bona fide effort was made to notify the necessary
persons;
(2) All persons who responded to the notice have consented
to the amendment; and
(3) The amendment does not adversely affect the persons who
did not respond; and
(b) Contain a certificate executed by the appropriate county
surveyor, county engineer, city surveyor or city engineer, if he is
registered as a professional land surveyor or civil engineer pursuant to
chapter 625 of NRS, stating that he has examined the document and that it is
technically correct.
4. Upon recording the amended document, the county recorder shall
cause a proper notation to be entered upon all recorded sheets of the
document being amended, if the county recorder does not maintain a
cumulative index for such maps and amendments. If such an index is
maintained, the county recorder shall direct an appropriate entry for the
amendment.
5. A county recorder who records a plat, map or record of survey
pursuant to this section shall, within 7 working days after he records
the plat, map or record of survey, provide to the county assessor at no
charge:
(a) A duplicate copy of the plat, map or record of survey and any
supporting documents; or
(b) Access to the digital plat, map or record of survey and any
digital supporting documents. The plat, map or record of survey and the
supporting documents must be in a form that is acceptable to the county
recorder and the county assessor.
(Added to NRS by 1977, 1505; A 1979, 1501; 1987, 380; 1989, 796;
1991, 1890; 1993, 2579; 1997, 1065, 2434; 2001, 1563 ; 2003, 2789 )
Maintenance of Certain Improvements
As used in NRS 278.478 to 278.4789 , inclusive, unless the context otherwise
requires, the words and terms defined in NRS 278.4781 , 278.4783
and 278.4785 have the meanings
ascribed to them in those sections.
(Added to NRS by 1997, 3009)
1. “Landscaping” means trees, shrubs, grass and other
ornamentation, whether or not natural or artificial, located:
(a) On the perimeter of a development or subdivision.
(b) On a median strip on the perimeter of a development or
subdivision.
2. The term includes drainage necessary for the maintenance of the
landscaping described in subsection 1.
(Added to NRS by 1997, 3009; A 2001, 744 )
“Public lighting” means
works or improvements useful in lighting a street, sidewalk or other
place used for a public purpose.
(Added to NRS by 1997, 3009)
“Security wall” has the
meaning ascribed to it in NRS 271.203 .
(Added to NRS by 1997, 3009)
1. Except as otherwise provided in subsection 5, a person who
proposes to divide land for transfer or development into four or more
lots pursuant to NRS 278.360 to 278.460
, inclusive, or chapter 278A of NRS, may, in lieu of providing for the creation
of an association for a common-interest community, request the governing
body of the jurisdiction in which the land is located to assume the
maintenance of one or more of the following improvements located on the
land:
(a) Landscaping;
(b) Public lighting;
(c) Security walls; and
(d) Trails, parks and open space which provide a substantial public
benefit or which are required by the governing body for the primary use
of the public.
2. A governing body shall establish by ordinance a procedure
pursuant to which a request may be submitted pursuant to subsection 1 in
the form of a petition, which must be signed by a majority of the owners
whose property will be assessed and which must set forth descriptions of
all tracts of land or residential units that would be subject to such an
assessment.
3. The governing body may by ordinance designate a person to
approve or disapprove a petition submitted pursuant to this section. If
the governing body adopts such an ordinance, the ordinance must provide,
without limitation:
(a) Procedures pursuant to which the petition must be reviewed to
determine whether it would be desirable for the governing body to assume
the maintenance of the proposed improvements.
(b) Procedures for the establishment of a maintenance district or
unit of assessment.
(c) A method for:
(1) Determining the relative proportions in which the
assumption of the maintenance of the proposed improvements by the
governing body will:
(I) Benefit the development or subdivision in which
the improvements are located; and
(II) Benefit the public;
(2) Assessing the tracts of land or residential units in the
development or subdivision to pay the costs that will be incurred by the
governing body in assuming the maintenance of the proposed improvements,
in the proportion that such maintenance will benefit the development or
subdivision in which the improvements are located; and
(3) Allocating an amount of public money to pay the costs
that will be incurred by the governing body in assuming the maintenance
of the proposed improvements, in the proportion that such maintenance
will benefit the public.
(d) Procedures for a petitioner or other aggrieved person to appeal
to the governing body a decision of the person designated by the
governing body by ordinance adopted pursuant to this subsection to
approve or disapprove a petition.
4. If the governing body does not designate by an ordinance
adopted pursuant to subsection 3 a person to approve or disapprove a
petition, the governing body shall, after receipt of a complete petition
submitted at least 120 days before the approval of the final map for the
land, hold a public hearing at least 90 days before the approval of the
final map for the land, unless otherwise waived by the governing body, to
determine the desirability of assuming the maintenance of the proposed
improvements. If the governing body determines that it would be
undesirable for the governing body to assume the maintenance of the
proposed improvements, the governing body shall specify for the record
its reasons for that determination. If the governing body determines that
it would be desirable for the governing body to assume the maintenance of
the proposed improvements, the governing body shall by ordinance:
(a) Determine the relative proportions in which the assumption of
the maintenance of the proposed improvements by the governing body will:
(1) Benefit the development or subdivision in which the
improvements are located; and
(2) Benefit the public.
(b) Create a maintenance district or unit of assessment consisting
of the tracts of land or residential units set forth in the petition or
include the tracts of land or residential units set forth in the petition
in an existing maintenance district or unit of assessment.
(c) Establish the method or, if the tracts or units are included
within an existing maintenance district or unit of assessment, apply an
existing method for determining:
(1) The amount of an assessment to pay the costs that will
be incurred by the governing body in assuming the maintenance of the
proposed improvements. The amount of the assessment must be determined in
accordance with the proportion to which such maintenance will benefit the
development or subdivision in which the improvements are located.
(2) The time and manner of payment of the assessment.
(d) Provide that the assessment constitutes a lien upon the tracts
of land or residential units within the maintenance district or unit of
assessment. The lien must be executed, and has the same priority, as a
lien for property taxes.
(e) Prescribe the levels of maintenance to be provided.
(f) Allocate to the cost of providing the maintenance the
appropriate amount of public money to pay for that part of the
maintenance which creates the public benefit.
(g) Address any other matters that the governing body determines to
be relevant to the maintenance of the improvements, including, without
limitation, matters relating to the ownership of the improvements and the
land on which the improvements are located and any exposure to liability
associated with the maintenance of the improvements.
5. If the governing body requires an owner of land to dedicate a
tract of land as a trail identified in the recreation plan of the
governing body adopted pursuant to paragraph (j) of subsection 1 of NRS
278.160 , the governing body shall:
(a) Accept ownership of the tract; and
(b) Assume the maintenance of the tract and any other improvement
located on the land that is authorized in subsection 1.
6. The governing body shall record, in the office of the county
recorder for the county in which the tracts of land or residential units
included in a petition approved pursuant to this section are located, a
notice of the creation of the maintenance district or unit of assessment
that is sufficient to advise the owners of the tracts of land or
residential units that the tracts of land or residential units are
subject to the assessment. The costs of recording the notice must be paid
by the petitioner.
7. The provisions of this section apply retroactively to a
development or subdivision with respect to which:
(a) An agreement or agreements between the owners of tracts of land
within the development or subdivision and the developer allow for the
provision of services in the manner set forth in this section; or
(b) The owners of affected tracts of land or residential units
agree to dissolve the association for their common-interest community in
accordance with the governing documents of the common-interest community
upon approval by the governing body of a petition filed by the owners
pursuant to this section.
(Added to NRS by 1997, 3009; A 2001, 744 )
1. If a person who proposes to divide land for transfer or
development into four or more lots pursuant to NRS 278.360 to 278.460 ,
inclusive, or chapter 278A of NRS, decides
to provide for the maintenance of landscaping, public lighting or
security walls, or any combination thereof, through an association for a
common-interest community, the governing body of the jurisdiction in
which the land is located may, as a condition of the approval of any
final map related to the proposal for the transfer or development of the
land, require the association to adopt a plan for the maintenance of the
improvements located on the land. The plan must include the proposed
level of maintenance to be provided.
2. If the association fails to maintain the improvements in the
manner set forth in the plan, the governing body may serve written notice
upon the association, setting forth the manner in which the association
has failed to maintain the improvements. The notice must:
(a) Include a demand that the deficiencies of maintenance be cured
within 30 days after receipt of the notice; and
(b) State the date, time and place of a hearing to be held
regarding the deficiencies of maintenance. The hearing must be held
within 14 days after the receipt of the notice.
Ê The governing body shall provide to each owner of an affected tract of
land a copy of the notice served upon the association pursuant to this
subsection.
3. At a hearing conducted pursuant to this section, the governing
body may:
(a) Modify the terms of the original notice served pursuant to
subsection 2; and
(b) Provide an extension of time within which the deficiencies of
maintenance may be cured.
4. If the deficiencies in maintenance are not cured within 30 days
after the receipt of the notice or any extension of time provided
pursuant to subsection 3, the governing body or its authorized agent may:
(a) Enter the land on which the improvements are located and
maintain the improvements for a period of not more than 1 year; and
(b) Assess the affected tracts of land to recover the cost of the
maintenance.
5. Entry and maintenance authorized pursuant to subsection 4 does
not authorize a member of the public to use the improvements unless the
land on which the improvements are located has been dedicated to and
accepted by the governing body.
6. Before the expiration of the period of maintenance required
pursuant to subsection 4, the local government, on its own motion or upon
request of the association, shall hold a public hearing at which the
owners of the affected tracts of land and the association may show cause
why the governing body or its authorized agent need not continue to
maintain the improvements that are located on the affected tracts of land.
7. After a hearing conducted pursuant to subsection 6, the
governing body shall determine whether the association is ready and able
to maintain the improvements that are located on the affected tracts of
land in the manner required by the plan. If the governing body determines
that the association is ready and able to maintain the improvements, the
governing body shall cease its maintenance of the affected tracts of land
at the end of the period. If the governing body determines that the
association is not ready and able to maintain the improvements, the
governing body may continue the maintenance of the improvements located
on the affected tracts of land during the next succeeding year, subject
to a similar hearing and determination in each year thereafter.
8. Any decision made by the governing body pursuant to this
section constitutes a final decision for the purpose of judicial review.
(Added to NRS by 1997, 3010)
Vacation or Abandonment of Streets, Easements or Maps; Reversion of
Divided Land
As used in NRS 278.479 to 278.4965 , inclusive, unless the context otherwise
requires, “contiguous” means either abutting directly on the boundary or
separated by a street, alley, public right-of-way, creek, river or the
right-of-way of a railroad or other public service corporation.
(Added to NRS by 1999, 784 )
1. Except as otherwise provided in subsection 11, any abutting
owner or local government desiring the vacation or abandonment of any
street or easement owned by a city or a county, or any portion thereof,
shall file a petition in writing with the planning commission or the
governing body having jurisdiction.
2. The governing body may establish by ordinance a procedure by
which, after compliance with the requirements for notification of public
hearing set forth in this section, a vacation or abandonment of a street
or an easement may be approved in conjunction with the approval of a
tentative map pursuant to NRS 278.349 .
3. A government patent easement which is no longer required for a
public purpose may be vacated by:
(a) The governing body; or
(b) The planning commission, hearing examiner or other designee, if
authorized to take final action by the governing body,
Ê without conducting a hearing on the vacation if the applicant for the
vacation obtains the written consent of each owner of property abutting
the proposed vacation and any utility that is affected by the proposed
vacation.
4. Except as otherwise provided in subsection 3, if any
right-of-way or easement required for a public purpose that is owned by a
city or a county is proposed to be vacated, the governing body, or the
planning commission, hearing examiner or other designee, if authorized to
take final action by the governing body, shall notify by certified mail
each owner of property abutting the proposed abandonment and cause a
notice to be published at least once in a newspaper of general
circulation in the city or county, setting forth the extent of the
proposed abandonment and setting a date for public hearing, which must be
not less than 10 days and not more than 40 days after the date the notice
is first published.
5. Except as provided in subsection 6, if, upon public hearing,
the governing body, or the planning commission, hearing examiner or other
designee, if authorized to take final action by the governing body, is
satisfied that the public will not be materially injured by the proposed
vacation, it shall order the street or easement vacated. The governing
body, or the planning commission, hearing examiner or other designee, if
authorized to take final action by the governing body, may make the order
conditional, and the order becomes effective only upon the fulfillment of
the conditions prescribed. An applicant or other person aggrieved by the
decision of the planning commission, hearing examiner or other designee
may appeal the decision in accordance with the ordinance adopted pursuant
to NRS 278.3195 .
6. If a utility has an easement over the property, the governing
body, or the planning commission, hearing examiner or other designee, if
authorized to take final action by the governing body, shall provide in
its order for the continuation of that easement.
7. The order must be recorded in the office of the county
recorder, if all the conditions of the order have been fulfilled, and
upon the recordation, title to the street or easement reverts to the
abutting property owners in the approximate proportion that the property
was dedicated by the abutting property owners or their predecessors in
interest. In the event of a partial vacation of a street where the
vacated portion is separated from the property from which it was acquired
by the unvacated portion of it, the governing body may sell the vacated
portion upon such terms and conditions as it deems desirable and in the
best interests of the city or county. If the governing body sells the
vacated portion, it shall afford the right of first refusal to each
abutting property owner as to that part of the vacated portion which
abuts his property, but no action may be taken by the governing body to
force the owner to purchase that portion and that portion may not be sold
to any person other than the owner if the sale would result in a complete
loss of access to a street from the abutting property.
8. If the street was acquired by dedication from the abutting
property owners or their predecessors in interest, no payment is required
for title to the proportionate part of the street reverted to each
abutting property owner. If the street was not acquired by dedication,
the governing body may make its order conditional upon payment by the
abutting property owners for their proportionate part of the street of
such consideration as the governing body determines to be reasonable. If
the governing body determines that the vacation has a public benefit, it
may apply the benefit as an offset against a determination of reasonable
consideration which did not take into account the public benefit.
9. If an easement for light and air owned by a city or a county is
adjacent to a street vacated pursuant to the provisions of this section,
the easement is vacated upon the vacation of the street.
10. In any vacation or abandonment of any street owned by a city
or a county, or any portion thereof, the governing body, or the planning
commission, hearing examiner or other designee, if authorized to take
final action by the governing body, may reserve and except therefrom all
easements, rights or interests therein which the governing body, or the
planning commission, hearing examiner or other designee, if authorized to
take final action by the governing body, deems desirable for the use of
the city, the county or any public utility.
11. The governing body may establish by local ordinance a
simplified procedure for the vacation or abandonment of an easement for a
public utility owned or controlled by the governing body.
12. As used in this section, “government patent easement” means an
easement for a public purpose owned by the governing body over land which
was conveyed by a patent.
[30:110:1941; 1931 NCL § 5063.29]—(NRS A 1967, 268, 696; 1969, 588;
1973, 1830; 1975, 164; 1977, 1506; 1979, 600; 1981, 165, 580; 1987, 663;
1993, 2580; 1997, 2436; 2001, 1451 , 2815 , 2822 )
1. Except as otherwise provided in NRS 278.4925 , an owner or governing body desiring to
revert any recorded subdivision map, parcel map, map of division into
large parcels, or part thereof to acreage or to revert the map or portion
thereof, or to revert more than one map if the parcels to be reverted are
contiguous, shall submit a written application accompanied by a map of
the proposed reversion which contains the same survey dimensions as the
recorded map or maps to the governing body or, if authorized by local
ordinance, to the planning commission or other authorized person. The
application must describe the requested changes.
2. At its next meeting, or within a period of not more than 30
days after the filing of the map of reversion, whichever occurs later,
the governing body or, if authorized by local ordinance, the planning
commission or other authorized person shall review the map and approve,
conditionally approve or disapprove it.
3. Except for the provisions of this section, NRS 278.4955 , 278.496
and 278.4965 and any provision or
local ordinance relating to the payment of fees in conjunction with
filing, recordation or checking of a map of the kind offered, no other
provision of NRS 278.010 to 278.630
, inclusive, applies to a map made
solely for the purpose of reversion of a former map or for reversion of
any division of land to acreage.
4. Upon approval of the map of reversion, it must be recorded in
the office of the county recorder. The county recorder shall make a
written notation of the fact on each sheet of the previously recorded map
affected by the later recording, if the county recorder does not maintain
a cumulative index for such maps and amendments. If such an index is
maintained, the county recorder shall direct an appropriate entry for the
amendment.
5. A county recorder who records a map pursuant to this section
shall, within 7 working days after he records the map, provide to the
county assessor at no charge:
(a) A duplicate copy of the map and any supporting documents; or
(b) Access to the digital map and any digital supporting documents.
The map and supporting documents must be in a form that is acceptable to
the county recorder and the county assessor.
[31:110:1941; 1931 NCL § 5063.30]—(NRS A 1973, 1774; 1977, 1507;
1979, 1502; 1981, 1160; 1985, 1689; 1987, 381; 1991, 1152, 1891; 1993,
580, 2581; 1997, 2437; 1999, 792 ; 2001, 1564 ; 2003, 2790 )
1. An owner or governing body that owns two or more contiguous
parcels may merge and resubdivide the land into new parcels or lots
without reverting the preexisting parcels to acreage pursuant to NRS
278.490 .
2. Parcels merged without reversion to acreage pursuant to this
section must be resubdivided and recorded on a final map, parcel map or
map of division into large parcels, as appropriate, in accordance with
NRS 278.320 to 278.4725 , inclusive, and any applicable local
ordinances. The recording of the resubdivided parcels or lots on a final
map, parcel map or map of division into large parcels, as appropriate,
constitutes the merging of the preexisting parcels into a single parcel
and the simultaneous resubdivision of that single parcel into parcels or
lots of a size and description set forth in the final map, parcel map or
map of division into large parcels, as appropriate.
3. With respect to a merger and resubdivision of parcels pursuant
to this section, the owner or governing body conducting the merger and
resubdivision shall ensure that streets, easements and utility easements,
whether public or private, that will remain in effect after the merger
and resubdivision, are delineated clearly on the final map, parcel map or
map of division into large parcels, as appropriate, on which the merger
and resubdivision is recorded.
4. If a governing body required an owner or governing body to post
security to secure the completion of improvements to two or more
contiguous parcels and those improvements will not be completed because
of a merger and resubdivision conducted pursuant to this section, the
governing body shall credit on a pro rata basis the security posted by
the owner or governing body toward the same purposes with respect to the
parcels as merged and resubdivided.
(Added to NRS by 1999, 784 )
1. The map of reversion submitted pursuant to NRS 278.490 must contain the appropriate certificates
required by NRS 278.376 and 278.377
for the original division of the land,
any agreement entered into for a required improvement pursuant to NRS
278.380 for the original division of
the land, and the certificates required by NRS 278.496 and 278.4965 . If the map includes the reversion of any
street or easement owned by a city, a county or the State, the provisions
of NRS 278.480 must be followed before
approval of the map.
2. The final map of reversion must:
(a) Be prepared by a professional land surveyor licensed pursuant
to chapter 625 of NRS. The professional land surveyor shall state in his
certificate that the map has been prepared from information on a recorded
map or maps that are being reverted. The professional land surveyor may
state in his certificate that he assumes no responsibility for the
existence of the monuments or for correctness of other information shown
on or copied from the document. The professional land surveyor shall
include in his certificate information which is sufficient to identify
clearly the recorded map or maps being reverted.
(b) Be clearly and legibly drawn in black permanent ink upon good
tracing cloth or produced by the use of other materials of a permanent
nature generally used for such a purpose in the engineering profession.
Affidavits, certificates and acknowledgments must be legibly stamped or
printed upon the map with black permanent ink.
3. The size of each sheet of the final map must be 24 by 32
inches. A marginal line must be drawn completely around each sheet,
leaving an entirely blank margin of 1 inch at the top, bottom and right
edges, and of 2 inches at the left edge along the 24-inch dimension.
4. The scale of the final map must be large enough to show all
details clearly, and enough sheets must be used to accomplish this end.
5. The particular number of the sheet and the total number of
sheets comprising the final map must be stated on each of the sheets, and
its relation to each adjoining sheet must be clearly shown.
6. Each future conveyance of the reverted property must contain a
metes and bounds legal description of the property and must include the
name and mailing address of the person who prepared the legal description.
(Added to NRS by 1993, 2558; A 1997, 1066, 2438; 2003, 2791 )
1. A map of reversion presented for recording must include a
certificate signed and acknowledged, pursuant to NRS 240.166 , 240.1665
or 240.167 , by each person who is an
owner of the land consenting to the preparation and recordation of the
map for the purpose of reversion.
2. A governing body may by ordinance require a map of reversion
presented for recording to include:
(a) A report from a title company which lists the names of:
(1) Each owner of record of the land; and
(2) Each holder of record of a security interest in the
land, if the security interest was created by a mortgage or a deed of
trust.
(b) The written consent of each holder of record of a security
interest listed pursuant to subparagraph (2) of paragraph (a), to the
preparation and recordation of the map of reversion. A holder of record
of a security interest may consent by signing:
(1) The map of reversion; or
(2) A separate document that is recorded with the map of
reversion and declares his consent to the reversion, if the map contains
a notation that a separate document has been recorded to this effect.
3. For the purpose of this section, the following shall be deemed
not to be an interest in land:
(a) A lien for taxes or special assessments.
(b) A trust interest under a bond indenture.
(Added to NRS by 1993, 2559)
A map of reversion presented to the county
recorder for recording must include a certificate by the clerk of the
governing body or the planning commission or other authorized person
stating that it approved the map.
(Added to NRS by 1993, 2559)
Parks and Playgrounds for Residential Developments
As used in NRS 278.497 to 278.4987 , inclusive, the words and terms defined in
NRS 278.4971 to 278.4977 , inclusive, have the meanings ascribed to
them in those sections, unless the context otherwise requires.
(Added to NRS by 1973, 1447; A 1975, 1564; 1977, 1508)
“Apartment house” means a
building arranged in several suites of connecting rooms, each suite
designed for independent housekeeping, but with certain typical
mechanical conveniences, such as air-conditioning, heat, light or
elevator services shared in common by all families occupying the building.
(Added to NRS by 1973, 1447)
“Mobile home” has the meaning
ascribed to it in NRS 461A.050 .
(Added to NRS by 1973, 1447; A 1999, 1689 )
“Mobile home lot” means
any area or tract of land designated, designed or used for the occupancy
of a mobile home.
(Added to NRS by 1973, 1447)
“Residential
dwelling unit” means a building or a portion of a building, planned,
designed or used as a residence for one family only, living independently
of other families or persons, and having its own bathroom and
housekeeping facilities included in the unit.
(Added to NRS by 1973, 1447)
The governing body of a city or county
may, by ordinance, require that a subdivider of land or a developer of
land for mobile home lots or an apartment house dedicate such land areas,
sites and locations for park and playground purposes as are reasonably
necessary to serve the proposed subdivision or development and the future
residents of the subdivision or development.
(Added to NRS by 1973, 1447)
1. The ordinance adopted pursuant to NRS 278.4979 must, insofar as practicable, conform to the
recreation plan incorporated in the applicable master plan.
2. If no recreation plan is incorporated in the master plan, the
ordinance must, by means of accompanying maps, diagrams, charts,
descriptive matter and reports, also adopt a recreation plan. The plan
must provide for a comprehensive system of recreation areas, including
natural reservations, parks, parkways, beaches, playgrounds and other
recreation areas, as well as the location thereof, when practicable.
3. The recreation plan adopted pursuant to subsection 1 or 2 must
discuss and outline the proposed method or methods of carrying out the
acquisition, development, operation and maintenance of the recreation
facilities for which it provides.
(Added to NRS by 1973, 1448; A 1983, 1548)
1. The ordinance adopted pursuant to NRS 278.4979 must set forth the standards to be applied in
determining the amount of land that is required to be dedicated. The
ordinance must contain standards determining the amount, quality and
location of land that is required to be dedicated which are based upon
the number and type of dwelling units or structures, apartment houses or
mobile home lots, or any combination thereof, included in each
subdivision or development and give due consideration to the relative
desirability and market value of the land that may be included within the
area of any particular proposed subdivision or development.
2. The ordinance must, without limiting the general powers
conferred in this chapter, include the following:
(a) Provisions for the creation, in accordance with the applicable
master plan, of park districts or service areas which would serve
neighborhoods or communities of interest within the city or county.
(b) A delegation of authority to designated departments or agencies
of the city or county to select the location of the land areas to be
dedicated for park and playground purposes. The land to be dedicated for
park and playground purposes must be within the park district or service
area created pursuant to paragraph (a) in which the subdivision,
apartment house or mobile home lots are located.
(c) A provision limiting the amount of land required to be
dedicated to an amount of land having a fair market value, determined by
independent appraisal, which does not exceed the amount of any
residential construction tax which would otherwise have been collected
under NRS 278.4983 .
(d) A provision for the transfer of title to the dedicated land
upon the issuance of building permits and the construction of the first
unit of the subdivision or development from which the land was dedicated.
Ê The ordinance may also contain a provision allowing an increase in the
number of dwelling units or structures, apartment houses or mobile home
lots, or any combination of them, in the subdivision equal to the number
which would otherwise have been allowed on the land dedicated for parks
and playgrounds.
(Added to NRS by 1973, 1448; A 1979, 660; 1983, 1548)
1. If the land area dedicated by any subdivider or developer
exceeds a proportionate contribution to the total park site, taking into
consideration the total residents of the subdivision or development and
residents of nearby areas reasonably expected to benefit therefrom, the
subdivider or developer making the dedication shall be compensated at
fair market value for the excess value contributed.
2. When 25 percent of the property is developed within the
subdivision or development from which the land was dedicated, the local
governing body or agency to which the dedicated land is conveyed shall
provide for planning, public hearings and the adoption of a plan for
development of the site, a schedule of that development and a plan for
financing which includes operational and maintenance costs of the park or
playground.
3. If a park or playground has not been developed on the land
dedicated for that purpose within 3 years after the date on which 75
percent of the residential dwelling units authorized within that
subdivision or development first become occupied, title to the land
reverts to the owners of the lots in the subdivision at the time of the
reversion on a pro rata basis.
(Added to NRS by 1973, 1448; A 1979, 660; 1983, 1548)
1. The city council of any city or the board of county
commissioners of any county which has adopted a master plan and
recreation plan, as provided in this chapter, which includes, as a part
of the plan, future or present sites for neighborhood parks may, by
ordinance, impose a residential construction tax pursuant to this section.
2. If imposed, the residential construction tax must be imposed on
the privilege of constructing apartment houses and residential dwelling
units and developing mobile home lots in the respective cities and
counties. The rate of the tax must not exceed:
(a) With respect to the construction of apartment houses and
residential dwelling units, 1 percent of the valuation of each building
permit issued or $1,000 per residential dwelling unit, whichever is less.
For the purpose of the residential construction tax, the city council of
the city or the board of county commissioners of the county shall adopt
an ordinance basing the valuation of building permits on the actual costs
of residential construction in the area.
(b) With respect to the development of mobile home lots, for each
mobile home lot authorized by a lot development permit, 80 percent of the
average residential construction tax paid per residential dwelling unit
in the respective city or county during the calendar year next preceding
the fiscal year in which the lot development permit is issued.
3. The purpose of the tax is to raise revenue to enable the cities
and counties to provide neighborhood parks and facilities for parks which
are required by the residents of those apartment houses, mobile homes and
residences.
4. An ordinance enacted pursuant to subsection 1 must establish
the procedures for collecting the tax, set its rate, and determine the
purposes for which the tax is to be used, subject to the restrictions and
standards provided in this chapter. The ordinance must, without limiting
the general powers conferred in this chapter, also include:
(a) Provisions for the creation, in accordance with the applicable
master plan, of park districts which would serve neighborhoods within the
city or county.
(b) A provision for collecting the tax at the time of issuance of a
building permit for the construction of any apartment houses or
residential dwelling units, or a lot development permit for the
development of mobile home lots.
5. All residential construction taxes collected pursuant to the
provisions of this section and any ordinance enacted by a city council or
board of county commissioners, and all interest accrued on the money,
must be placed with the city treasurer or county treasurer in a special
fund. Except as otherwise provided in subsection 6, the money in the fund
may only be used for the acquisition, improvement and expansion of
neighborhood parks or the installation of facilities in existing or
neighborhood parks in the city or county. Money in the fund must be
expended for the benefit of the neighborhood from which it was collected.
6. If a neighborhood park has not been developed or facilities
have not been installed in an existing park in the park district created
to serve the neighborhood in which the subdivision or development is
located within 3 years after the date on which 75 percent of the
residential dwelling units authorized within that subdivision or
development first became occupied, all money paid by the subdivider or
developer, together with interest at the rate at which the city or county
has invested the money in the fund, must be refunded to the owners of the
lots in the subdivision or development at the time of the reversion on a
pro rata basis.
7. The limitation of time established pursuant to subsection 6 is
suspended for any period, not to exceed 1 year, during which this State
or the Federal Government takes any action to protect the environment or
an endangered species which prohibits, stops or delays the development of
a park or installation of facilities.
8. For the purposes of this section:
(a) “Facilities” means turf, trees, irrigation, playground
apparatus, playing fields, areas to be used for organized amateur sports,
play areas, picnic areas, horseshoe pits and other recreational equipment
or appurtenances designed to serve the natural persons, families and
small groups from the neighborhood from which the tax was collected.
(b) “Neighborhood park” means a site not exceeding 25 acres,
designed to serve the recreational and outdoor needs of natural persons,
families and small groups.
(Added to NRS by 1973, 1449; A 1983, 1551; 1987, 1611; 1991, 299;
1999, 807 , 1689 )
1. The city council of any city or the board of county
commissioners of any county which has adopted a master plan as provided
in this chapter which includes future or present sites for parks and
playgrounds may require that:
(a) The developers of a planned unit development dedicate land as
provided by NRS 278.4979 , 278.498
and 278.4981 ; or
(b) A residential construction tax be imposed on the privilege of
constructing planned unit developments in the manner provided by NRS
278.4983 ,
Ê if the ordinance defining and regulating planned unit developments in
the particular city or county imposes open space requirements less than
those required by the ordinance adopted pursuant to NRS 278.4981 .
2. If a requirement to dedicate land or pay a residential
construction tax is imposed on the construction of a planned unit
development, the planned unit development is eligible to receive a credit
against the amount of land to be dedicated or the amount of the
residential construction tax imposed, for the amount and value of the
developed open space within the planned unit development.
(Added to NRS by 1973, 1450; A 1983, 1552)
1. The requirement for dedication of land under NRS 278.4979
, 278.498 and 278.4981 and the imposition of the residential
construction tax under NRS 278.4983 ,
are mutually exclusive as to any particular subdivision, apartment house,
mobile home lot or residential dwelling unit which may be benefited or
affected by any such requirement or imposition.
2. Any city council or board of county commissioners determining
to provide park or playground facilities under the provisions of NRS
278.497 to 278.4987 , inclusive, shall elect, for any one period,
to follow only one of the procedures provided in these sections.
(Added to NRS by 1973, 1450; A 1975, 1564)
Deed Restrictions for Subdivisions in Unincorporated Areas of Certain
Counties
As used in NRS 278.563 to
278.568 , inclusive, unless a different
meaning clearly appears in the context:
1. “Construction committee” means a committee, homeowners group or
other similarly constituted body empowered by deed restrictions to
determine whether any construction, reconstruction, alteration or use of
a building or other structure on a lot subject to such restrictions
complies with the requirements of such restrictions.
2. “Deed restriction” means any recorded deed restriction,
restrictive covenant or negative servitude governing the construction,
reconstruction, alteration or use of any building or other structure on a
lot in a subdivision of land created pursuant to this chapter.
(Added to NRS by 1973, 1724)
1. Any deed restrictions in the unincorporated area of a county
whose population is 100,000 or more but less than 400,000, recorded after
July 1, 1973, may provide for the establishment and operation, under
appropriate rules and procedure, of a construction committee.
2. As soon as a construction committee has been established and
organized pursuant to the provisions of subsection 1, and no later than
January 1 of each year thereafter, the officers of the committee shall
file an affidavit with the building official having jurisdiction over the
area within which the subdivision is situated, identifying the committee
as the constituted construction committee empowered pursuant to recorded
deed restrictions to determine compliance with those restrictions on lots
in the subdivision. The affidavit must also set forth the names of the
officers of the committee, including the address of a particular officer
designated as the authorized representative of the committee for the
purposes of NRS 278.563 to 278.568
, inclusive.
(Added to NRS by 1973, 1724; A 1979, 531; 1989, 1918; 2001, 1246
)
1. A copy of deed restrictions proposed for a subdivision in a
county whose population is 100,000 or more but less than 400,000 must be
filed with the planning commission or governing body with the tentative
map.
2. Upon final approval of the subdivision, a copy of the
restrictions must be:
(a) Filed with the building official having jurisdiction over the
area within which the subdivision is situated.
(b) Presented to each prospective purchaser of real property within
the subdivision.
3. The original copy of the restrictions may be recorded with the
county recorder immediately following the recording of the final map.
(Added to NRS by 1973, 1724; A 1977, 1512; 1979, 531; 1985, 1690;
1989, 1918; 2001, 1246 )
1. Except as provided in subsection 3, the building official in a
county whose population is 100,000 or more but less than 400,000, shall
not issue any building permit for the construction, reconstruction,
alteration or use of any building or other structure on a lot subject to
deed restrictions unless he has received a written report thereon from
the construction committee.
2. An application for a written report must be made by certified
mail addressed to the authorized representative of the construction
committee. If the construction committee fails or refuses to submit its
written report to the building official within 20 days from the date of
its receipt of a written request therefor, the building official must
proceed as provided by law in cases where there is no functioning
construction committee.
3. This section does not apply if the cost of the construction,
reconstruction, alteration or use specified in subsection 1 is $500 or
less.
(Added to NRS by 1973, 1725; A 1979, 531; 1989, 1918; 2001, 1247
)
If
the construction committee required by NRS 278.564 fails to be organized, is dissolved or becomes
inactive:
1. The building official may issue an otherwise proper building
permit for an improvement on property subject to deed restrictions.
2. An owner or owners of real property within a subdivision may
lawfully undertake to prevent, or seek damages by reason of, a violation
of deed restrictions pertaining to such subdivision.
(Added to NRS by 1973, 1725; A 2001, 1247 )
NRS
278.566 and 278.567 apply to any subdivision created prior to July
1, 1973, all or a portion of the parcels of which are subject to deed
restrictions providing for the establishment and operation of a
construction committee.
(Added to NRS by 1973, 1725)
Miscellaneous Provisions
Each governing body shall require by ordinance that
each:
1. Tentative map of a subdivision indicate the location of
irrigation ditches and rights-of-way and easements for irrigation ditches.
2. Final map of a subdivision, parcel map or final map of a
division of land into large parcels reserve a right-of-way for any
existing irrigation ditch and its maintenance.
(Added to NRS by 1981, 196; A 1987, 1392)
A governing body that approves a division of land
pursuant to the provisions of NRS 278.010 to 278.630 ,
inclusive, may approve adjustments to boundary lines.
(Added to NRS by 1991, 1381)
1. For a boundary line to be adjusted or for land to be
transferred pursuant to paragraph (c) of subsection 4 of NRS 278.461
, a professional land surveyor must have
performed a field survey, set monuments and filed a record of survey
pursuant to NRS 625.340 .
2. A record of survey filed pursuant to subsection 1 must contain:
(a) A certificate by the professional land surveyor who prepared
the map stating that:
(1) He has performed a field survey sufficient to locate and
identify properly the proposed boundary line adjustment;
(2) All corners and angle points of the adjusted boundary
line have been defined by monuments or will be otherwise defined on a
document of record as required by NRS 625.340 ; and
(3) The map is not in conflict with the provisions of NRS
278.010 to 278.630 , inclusive.
(b) A certificate that is executed and acknowledged by each
affected owner of the abutting parcels which states that:
(1) He has examined the plat and approves and authorizes the
recordation thereof;
(2) He agrees to execute the required documents creating any
easement which is shown;
(3) He agrees to execute the required documents abandoning
any existing easement pursuant to the provisions of NRS 278.010 to 278.630 ,
inclusive;
(4) All property taxes on the land for the fiscal year have
been paid; and
(5) Any lender with an impound account for the payment of
taxes has been notified of the adjustment of the boundary line or the
transfer of the land.
(c) A certificate by the governing body or its designated
representative approving the adjustment of the boundary line.
(Added to NRS by 1991, 1381; A 1993, 1197, 2582)
If a
county recorder maintains a cumulative index, he shall indicate on any
copy of a plot, plat, map or survey which he provides that subsequent
changes to that document should be examined and may be determined by
reference to the cumulative index.
(Added to NRS by 1987, 379)
Inspection of Structures and Enforcement of Zoning Regulations
1. The governing body of any city or county may provide for the
inspection of structures and the enforcement of the zoning regulations
and building codes by means of the withholding of building permits. For
the purpose of the inspection of structures and the enforcement of
building codes by means of the withholding of building permits, the
governing body may establish and fill a position of city or county
building official, and may fix the compensation attached to the position,
or may authorize an administrative official of the city or county to
assume the functions of the position in addition to his customary
functions. A building official must comply with the requirements for
certification and continuing education established pursuant to NRS
278.577 .
2. The building official may appoint such employees as he may deem
necessary for the fulfillment of the duties of his position. The
appointment, promotion, demotion and removal of such employees shall be
subject to the same provisions of law as govern other corresponding civil
employees in the city or county. Except as otherwise provided in NRS
278.577 , any employee appointed
pursuant to this subsection whose duties include the reviewing of plans
or the inspection of any portion of a structure must comply with the
requirements for certification and continuing education established
pursuant to that section.
3. The expenditures of the building official shall be within the
amounts appropriated for the purpose by the governing body which may
provide the funds, equipment and accommodations necessary for the
building official’s work.
[Part 34:110:1941; 1931 NCL § 5063.33] + [35:110:1941; 1931 NCL §
5063.34]—(NRS A 2001, 1247 )
1. A building official who issues a permit to the owner of a
residence to construct, alter, repair, add to, subtract from, improve,
move, wreck or demolish the residence shall, at the same time, deliver to
him a statement. The owner of the residence shall acknowledge in writing
receipt of the statement.
2. The statement delivered by the building official must include
the following text:
State law requires construction to be done by licensed
contractors. You have applied for a permit under an exemption to that
law. The exemption allows you, as the owner of your property, to act as
your own contractor with certain restrictions although you do not have a
license.
You must directly supervise the construction, on the job,
yourself. The building or residence must be for your own use or
occupancy. It may not be built or substantially improved for sale or
lease. If you sell or lease a building you have built or substantially
improved yourself within 1 year after the construction is complete, it is
presumed that you built or substantially improved it for sale or lease,
which is a violation of this exemption and a violation of chapter 624
of NRS.
You may not hire an unlicensed person to act as your contractor or
to supervise people working on your building. It is your responsibility
to make sure that people employed by you have the licenses required by
state law and by county or municipal licensing ordinances. You may not
delegate the responsibility for supervising work to a contractor unless
he is licensed to perform the work being done. Any person working on your
building who is not licensed must work under your direct supervision and
must be employed by you, which means that you must deduct FICA and
withholding tax and provide industrial insurance and pay the required
contribution for unemployment compensation for that employee, and comply
with other state and federal laws relating to employment. Your
construction must comply with all applicable laws, ordinances, building
codes and zoning regulations.
(Added to NRS by 1997, 2697; A 2001, 1248 )
The governing body of a city or county
which, pursuant to NRS 278.570 ,
appoints a building official may establish a program to allow independent
contractors who comply with the requirements for certification and
continuing education established pursuant to NRS 278.577 to review plans for and inspect buildings on
behalf of the building official.
(Added to NRS by 1995, 2062; A 2001, 1248 )
1. Except as otherwise provided in subsection 2, in a county whose
population is 100,000 or more, or in any city located within such a
county, if the city or county provides for the inspection of structures
and the enforcement of building codes pursuant to NRS 278.570 , 278.573 and
278.575 , the city or county shall:
(a) Prepare a list of national and international organizations
which certify persons who inspect a structure or a portion of a structure
and which are approved by the city or county, as appropriate, for
certifying persons pursuant to this subsection;
(b) Require a person who fills the position of building official,
reviews plans or inspects a structure or building or a portion of a
structure or building pursuant to NRS 278.570 or 278.575
to be certified by an organization included on the list prepared pursuant
to paragraph (a);
(c) Establish requirements for continuing education for a person
who is required to be certified pursuant to this subsection; and
(d) Prohibit a person who is not certified or does not fulfill the
requirements for continuing education pursuant to this subsection from
filling the position of building official, reviewing plans or inspecting
a structure or building or a portion of a structure or building pursuant
to NRS 278.570 or 278.575 .
2. A city or county specified in subsection 1 may authorize an
employee of the city or county to perform duties for which certification
is required pursuant to that subsection if those duties are performed
under the supervision of a person who is certified by an organization
that is included on the list prepared by the city or county pursuant to
paragraph (a) of that subsection. The city or county may authorize an
employee to perform duties pursuant to this subsection for not more than
1 year.
3. The requirements for continuing education established pursuant
to paragraph (c) of subsection 1 must:
(a) Include the completion of at least 45 hours of continuing
education every 3 years; and
(b) Specify the manner in which a person may complete those hours.
4. In a county whose population is less than 100,000, or in any
city located within such a county, if the city or county provides for the
inspection of structures and the enforcement of building codes pursuant
to NRS 278.570 , 278.573 and 278.575 ,
the city or county shall, by resolution, establish the requirements for
certifying and for continuing education for a person who, on a full-time
basis, fills the position of building official, reviews plans or inspects
a structure or building or a portion of a structure or building pursuant
to NRS 278.570 or 278.575 .
(Added to NRS by 2001, 1245 )
1. Subject to the limitation set forth in NRS 244.368 , the governing body of any city or county may
adopt a building code, specifying the design, soundness and materials of
structures, and may adopt rules, ordinances and regulations for the
enforcement of the building code.
2. The governing body may also fix a reasonable schedule of fees
for the issuance of building permits. A schedule of fees so fixed does
not apply to the State of Nevada, the Nevada System of Higher Education
or any school district, except that such entities may contract with the
governing body to pay such fees for the issuance of building permits, the
review of plans and the inspection of construction. Except as it may
agree to in such a contract, a governing body is not required to provide
for the review of plans or the inspection of construction with respect to
a structure of the State of Nevada, the Nevada System of Higher Education
or any school district.
3. Notwithstanding any other provision of law, the State and its
political subdivisions shall comply with all zoning regulations adopted
pursuant to this chapter, except for the expansion of any activity
existing on April 23, 1971.
4. A governing body shall amend its building codes and, if
necessary, its zoning ordinances and regulations to permit the use of:
(a) Straw or other materials and technologies which conserve scarce
natural resources or resources that are renewable in the construction of
a structure; and
(b) Systems which use solar or wind energy to reduce the costs of
energy for a structure if such systems and structures are otherwise in
compliance with applicable building codes and zoning ordinances,
including those relating to the design, location and soundness of such
systems and structures,
Ê to the extent the local climate allows for the use of such materials,
technologies, resources and systems.
5. The amendments required by subsection 4 may address, without
limitation:
(a) The inclusion of characteristics of land and structures that
are most appropriate for the construction and use of systems using solar
and wind energy.
(b) The recognition of any impediments to the development of
systems using solar and wind energy.
(c) The preparation of design standards for the construction,
conversion or rehabilitation of new and existing systems using solar and
wind energy.
6. A governing body shall amend its building codes to include:
(a) The seismic provisions of the International Building Code
published by the International Code Council; and
(b) Standards for the investigation of hazards relating to seismic
activity, including, without limitation, potential surface ruptures and
liquefaction.
[Part 34:110:1941; 1931 NCL § 5063.33]—(NRS A 1959, 500; 1971, 957;
1975, 226; 1993, 2583; 1995, 710, 1925; 1999, 1064 ; 2003, 1895 ; 2005, 1823 )
In each
county whose population is 100,000 or more:
1. If the governing body of the county or any city in the county
has adopted a building code, each such governing body shall, as part of
its building code, adopt construction codes and energy codes that
regulate:
(a) The design of energy efficient residential, commercial and
industrial structures; and
(b) The installation of energy efficient mechanical, lighting and
power systems in such structures.
2. If the governing body of the county or any city in the county
has not adopted a building code, each such governing body shall:
(a) By ordinance, adopt the codes described in subsection 1; and
(b) Provide for the enforcement of such codes by the officers or
employees of the county or city or by the officers or employees of
another local government pursuant to an interlocal agreement.
3. The codes described in subsection 1 must:
(a) Be adopted and become effective not later than January 1, 2002;
and
(b) Be applied to each new residential, commercial and industrial
structure on which construction begins on or after the date on which the
codes become effective.
(Added to NRS by 2001, 2531 )
1. Each county and city shall include in its respective building
code the requirements of this section. If a county or city has no
building code, it shall adopt those requirements by ordinance and provide
for their enforcement by its own officers or employees or through
interlocal agreement by the officers or employees of another local
government. Additionally, each county and city shall prohibit by
ordinance the sale and installation of any plumbing fixture which does
not meet the standards made applicable for the respective county or city
pursuant to this section.
2. Except as otherwise provided in subsections 3 and 4, each
residential, commercial or industrial structure on which construction
begins on or after March 1, 1992, and each existing residential,
commercial or industrial structure which is expanded or renovated on or
after March 1, 1992, must incorporate the following minimal standards for
plumbing fixtures:
(a) A toilet which uses water must not be installed unless its
consumption of water does not exceed 3.5 gallons of water per flush.
(b) A shower apparatus which uses more than 3 gallons of water per
minute must not be installed unless it is equipped with a device to
reduce water consumption to 3 gallons of water or less per minute.
(c) Each faucet installed in a lavatory or kitchen must not allow
water to flow at a rate greater than 3 gallons per minute.
(d) A urinal which continually flows or flushes water must not be
installed.
3. Except as otherwise provided in subsection 4, each residential,
commercial or industrial structure on which construction begins on or
after March 1, 1993, and each existing residential, commercial or
industrial structure which is expanded or renovated on or after March 1,
1993, must incorporate the following minimal standards for plumbing
fixtures:
(a) A toilet which uses water must not be installed unless its
consumption of water does not exceed 1.6 gallons of water per flush.
(b) A shower apparatus which uses more than 2.5 gallons of water
per minute must not be installed unless it is equipped with a device to
reduce water consumption to 2.5 gallons of water or less per minute.
(c) A urinal which uses water must not be installed unless its
consumption of water does not exceed 1 gallon of water per flush.
(d) A toilet or urinal which employs a timing device or other
mechanism to flush periodically, irrespective of demand, must not be
installed.
(e) A urinal which continually flows or flushes water must not be
installed.
(f) Each faucet installed in a lavatory or kitchen must not allow
water to flow at a rate greater than 2.5 gallons per minute.
(g) Each faucet installed in a public restroom must contain a
mechanism which closes the faucet automatically after a predetermined
amount of water has flowed through the faucet. Multiple faucets that are
activated from a single point must not be installed.
4. The requirements of this section for the installation of
certain plumbing fixtures do not apply to any portion of an existing
residential, commercial or industrial structure which is not being
expanded or renovated.
(Added to NRS by 1991, 1166)
1. After January 1, 1974, any construction, alteration or change
in the use of a building or other structure in this State by any person,
firm, association or corporation, whether public or private, must be in
compliance with the technical provisions of the National Electrical Code
of the National Fire Protection Association in the form most recently
approved by the governing body of the city or county in which the
building or other structure is located. The governing body of each city
or county shall review each edition of the National Electrical Code that
is published by the National Fire Protection Association after the 1996
edition to ensure its suitability for that city or county. Each new
edition of the code shall be deemed approved by the governing body of
each city or county unless the edition is disapproved by that governing
body within 60 days after the date of publication by the National Fire
Protection Association.
2. Any city or county within the State may adopt such
modifications of the code as are deemed reasonably necessary, if such
modifications do not reduce the standards established in the code.
(Added to NRS by 1973, 1140; A 1975, 1196; 1985, 373; 1997, 2483)
All persons and political subdivisions shall comply with the
appropriate city or county building code.
(Added to NRS by 1973, 912; A 1985, 24)
A city or county building
official shall notify the State Board of Professional Engineers and Land
Surveyors in writing if a licensed professional engineer or land surveyor:
1. Submits plans that are substantially incomplete; or
2. Submits plans for the same project that are rejected by the
department at least three times.
(Added to NRS by 1997, 155; A 2001, 1248 )
A city or county
building official shall notify the State Board of Architecture, Interior
Design and Residential Design in writing if a registered architect,
interior designer or residential designer:
1. Submits plans for a project which are substantially incomplete;
or
2. Submits plans for the same project which are rejected by the
city or county building official at least three times.
(Added to NRS by 1997, 1408; A 2001, 1248 )
Unlawful Acts and Penalties
1. It is unlawful for any person to contract to sell, to sell or
to transfer any subdivision or any part thereof, or land divided pursuant
to a parcel map or map of division into large parcels, unless:
(a) The required map thereof, in full compliance with the
appropriate provisions of NRS 278.010
to 278.630 , inclusive, and any local
ordinance, has been recorded in the office of the recorder of each county
in which the subdivision or land divided is located; or
(b) The person is contractually obligated to record the required
map before title is transferred or possession is delivered, whichever is
earlier, as provided in paragraph (a).
2. A person who violates the provisions of subsection 1 is guilty
of a misdemeanor and is liable for a civil penalty of not more than $300
for each lot or parcel sold or transferred.
3. This section does not bar any legal, equitable or summary
remedy to which any aggrieved municipality or other political
subdivision, or any person, may otherwise be entitled, and any such
municipality or other political subdivision or person may file suit in
the district court of the county in which any property attempted to be
divided or sold in violation of any provision of NRS 278.010 to 278.630 ,
inclusive, is located to restrain or enjoin any attempted or proposed
division or transfer in violation of those sections.
[20:110:1941; A 1947, 834; 1943 NCL § 5063.19]—(NRS A 1967, 546;
1973, 1339; 1975, 1567; 1977, 1512; 1979, 1361, 1502, 1714; 1993, 2583;
1999, 1635 ; 2003, 976 )
Any
county recorder who records a map contrary to the provisions of NRS
278.010 to 278.630 , inclusive, or of any local ordinance adopted
pursuant thereto is guilty of a misdemeanor.
[33:110:1941; 1931 NCL § 5063.32]—(NRS A 1993, 2583; 2003, 977
)
1. After a building official is appointed pursuant to NRS 278.570
, it is unlawful to erect, construct,
reconstruct, alter or change the use of any building or other structure
within the territory covered by the building code or zoning regulations
without obtaining a building permit from the building official.
2. The building official shall not issue any permit unless the
plans of and for the proposed erection, construction, reconstruction,
alteration or use fully:
(a) Conform to all building code and zoning regulations then in
effect.
(b) If applicable, comply with the provisions of NRS 393.110 .
3. A building official shall not issue a building permit to a
person acting for another unless the applicant proves to the satisfaction
of the building official that he is licensed as a contractor for that
work pursuant to the provisions of chapter 624 of NRS.
[Part 34:110:1941; 1931 NCL § 5063.33]—(NRS A 1993, 2412; 1997,
2698; 1999, 2853 , 2967 ; 2001, 213 , 1249 )
1. When there is no final map, parcel map or map of division into
large parcels as required by the provisions of NRS 278.010 to 278.630 ,
inclusive, then the county assessor shall:
(a) Determine any apparent discrepancies with respect to the
provisions of NRS 278.010 to 278.630
, inclusive;
(b) Report his determinations to the governing body of the county
or city in which such apparent violation occurs in writing, including,
without limitation, by noting his determinations in the appropriate
parcel record of the county assessor; and
(c) Not place on the tax roll or maps of the county assessor any
land for which the county assessor has determined that a discrepancy
exists with respect to the provisions of NRS 278.010 to 278.630 ,
inclusive.
2. Upon receipt of the report, the governing body shall cause an
investigation to be made by the district attorney’s office when such
lands are within an unincorporated area, or by the city attorney when
such lands are within a city, the county recorder and any planning
commission having jurisdiction over the lands in question.
3. If the report shows evidence of violation of the provisions of
NRS 278.010 to 278.630 , inclusive, with respect to the division of
lands or upon the filing of a verified complaint by any municipality or
other political subdivision or person, firm or corporation with respect
to violation of the provisions of those sections, the district attorney
of each county in this State shall prosecute all such violations in
respective counties in which the violations occur.
[32.1:110:1941; added 1947, 834; 1943 NCL § 5063.31a]—(NRS A 1963,
662; 1973, 1340; 1975, 1567; 1979, 1503, 1716; 1993, 2584; 2001, 1565
)
IMPOSITION OF PLANS AND ZONING REGULATIONS BY GOVERNOR
640 to 278.675 ,
inclusive. If after July 1, 1975, there is any land lying within the
boundaries of any county of this State which has not been made subject to
a comprehensive land use plan pursuant to NRS 278.150 , and zoning regulations pursuant to the
provisions of NRS 278.010 to 278.630
, inclusive, the provisions of NRS
278.640 to 278.675 , inclusive, apply to the extent and in the
manner indicated therein.
(Added to NRS by 1973, 841)
1. Upon being advised that there is any such land as is identified
in NRS 278.640 , lying within the
boundaries of any county of this State, the Governor shall confirm the
fact.
2. Thereafter, the Governor may prescribe, may amend and shall
thereafter administer comprehensive land use plans and zoning regulations
for such land.
3. The Governor may grant a reasonable extension of time, if any
governing body has under consideration on July 1, 1975, a comprehensive
land use plan and zoning regulation, and if there is evidence of
satisfactory progress toward the final enactment of such plan and
ordinance.
(Added to NRS by 1973, 842)
1. Any comprehensive land use plan prescribed or amended by the
Governor, pursuant to NRS 278.645 ,
shall be in accordance with the standards provided in NRS 278.655 , and the notice and hearing requirements
provided in NRS 278.210 .
2. Any zoning regulations prescribed or amended by the Governor
pursuant to NRS 278.645 shall be in
accordance with the standards provided in NRS 278.250 and the notice and hearing requirements
provided in NRS 278.260 .
3. A comprehensive land use plan or zoning regulation prescribed
or amended by the Governor pursuant to NRS 278.645 may be effected for any purpose provided in
NRS 278.010 to 278.630 , inclusive. The Governor may cause to be
instituted an appropriate proceeding to enjoin the construction of
buildings or performance of any other acts which would constitute a land
use that does not conform to the applicable land use plan or zoning
regulation.
4. Any hearings required by this section may be held by the
Governor or by a person or agency designated by the Governor, and all
such hearings shall be held in the county seat of the county in which the
comprehensive land use plan or zoning regulation is to be prescribed.
(Added to NRS by 1973, 842)
1. Comprehensive physical planning shall to the extent feasible:
(a) Provide guidance for physical development within the State
responsive to economic development, human resource development, natural
resource development and regional and metropolitan area development;
(b) Assist in the attainment of the optimum living environment for
the residents of this State and assure sound housing, employment
opportunities, educational fulfillment and sound health facilities;
(c) Relate to intermediate and long-range growth objectives; and
(d) Set a pattern upon which state agencies and local government
may base their programs and local area plans.
2. Goals for comprehensive physical planning are:
(a) To preserve the quality of the air and water resources of the
State.
(b) To conserve open space and protect natural and scenic resources.
(c) To provide for the recreational needs of citizens of the State
and visitors.
(d) To conserve prime farm lands for the production of crops and
provide for an orderly and efficient transition from rural to urban land
use.
(e) To protect life and property in areas subject to floods,
landslides and other natural disasters.
(f) To provide and encourage a safe, convenient and economic
transportation system including all modes of transportation such as air,
water, rail, highway and mass transit, and recognizing differences in the
social costs in the various modes of transportation.
(g) To develop a timely, orderly and efficient arrangement of
public facilities and services to serve as a framework for urban and
rural development.
(h) To diversify and improve the economy of the State.
(i) To ensure that the development of properties within the State
is commensurate with the character and the physical limitations of the
land.
(j) To take into account the immediate and long-range financial
impact of the application of particular land to particular kinds of
development, and the relative suitability of such land for such
development.
(Added to NRS by 1973, 842)
1. As used in this section, “building” means a structure having
one or more walls or columns, with or without a roof, which is designed
to protect persons, animals or property from the elements.
2. When a building valued at $300 or more is proposed to be
erected on land subject to zoning regulations prescribed by the Governor,
the person so proposing shall give written notice to the Governor 10 days
before construction is scheduled to commence.
3. The notice shall provide information concerning location,
construction dates, value of building materials and intended use of the
building. It shall be accompanied by a sketch and elevations of the
building.
4. If the land is subject to local building regulations, the
person otherwise authorized by law to issue the building permit shall
give the notice required by subsection 2.
(Added to NRS by 1973, 843)
The
Governor may enter into contracts for such services as the Governor
considers appropriate for carrying out his land use planning and zoning
duties.
(Added to NRS by 1973, 843)
Any comprehensive land use plan and zoning regulation
promulgated by the Governor, as provided by NRS 278.640 to 278.675 ,
inclusive, shall remain in effect until a county or city governing body
adopts its own comprehensive land use plan and zoning ordinance.
(Added to NRS by 1973, 843)
In addition to the remedy prescribed in subsection 3 of NRS
278.650 , the Governor may cause to be
instituted any civil action or suit he considers appropriate to remedy
violations of any comprehensive land use plan or zoning regulation
prescribed by the Governor pursuant to NRS 278.640 and 278.645 .
(Added to NRS by 1973, 843)
TAX FOR IMPROVEMENT OF TRANSPORTATION
1. A board of county commissioners may by ordinance, but not as in
a case of emergency, impose a tax for the improvement of transportation
on the privilege of new residential, commercial, industrial and other
development pursuant to paragraph (a) or (b) as follows:
(a) After receiving the approval of a majority of the registered
voters of the county voting on the question at a special election or the
next primary or general election, the board of county commissioners may
impose the tax throughout the county, including any such development in
incorporated cities in the county. A county may combine this question
with a question submitted pursuant to NRS 244.3351 , 371.045 or 377A.020 , or any combination thereof.
(b) After receiving the approval of a majority of the registered
voters who reside within the boundaries of a transportation district
created pursuant to NRS 244A.252 ,
voting on the question at a special or general district election or
primary or general state election, the board of county commissioners may
impose the tax within the boundaries of the district. A county may
combine this question with a question submitted pursuant to NRS 244.3351
.
2. A special election may be held only if the board of county
commissioners determines, by a unanimous vote, that an emergency exists.
The determination made by the board of county commissioners is conclusive
unless it is shown that the board acted with fraud or a gross abuse of
discretion. An action to challenge the determination made by the board
must be commenced within 15 days after the board’s determination is
final. As used in this subsection, “emergency” means any unexpected
occurrence or combination of occurrences which requires immediate action
by the board of county commissioners to prevent or mitigate a substantial
financial loss to the county or to enable the board of county
commissioners to provide an essential service to the residents of the
county.
3. The tax imposed pursuant to this section must be at such a rate
and based on such criteria and classifications as the board of county
commissioners determines to be appropriate. Each such determination is
conclusive unless it constitutes an arbitrary and capricious abuse of
discretion, but the tax imposed must not:
(a) For any fiscal year beginning:
(1) Before July 1, 2003, exceed $500;
(2) On or after July 1, 2003, and before July 1, 2005,
exceed $650;
(3) On or after July 1, 2005, and before July 1, 2010,
exceed $700;
(4) On or after July 1, 2010, and before July 1, 2015,
exceed $800;
(5) On or after July 1, 2015, and before July 1, 2020,
exceed $900; or
(6) On or after July 1, 2020, exceed $1,000,
Ê per single-family dwelling unit of new residential development, or the
equivalent thereof as determined by the board of county commissioners; or
(b) For any fiscal year beginning:
(1) Before July 1, 2003, $0.50;
(2) On or after July 1, 2003, and before July 1, 2005,
exceed $0.65;
(3) On or after July 1, 2005, and before July 1, 2010,
exceed $0.75;
(4) On or after July 1, 2010, and before July 1, 2015,
exceed $0.80;
(5) On or after July 1, 2015, and before July 1, 2020,
exceed $0.90; or
(6) On or after July 1, 2020, exceed $1.00,
Ê per square foot on other new development.
4. If so provided in an ordinance adopted pursuant to this
section, a newly developed lot for a mobile home must be considered a
single-family dwelling unit of new residential development.
5. The tax imposed pursuant to this section must be collected
before the time a certificate of occupancy for a building or other
structure constituting new development is issued, or at such other time
as is specified in the ordinance imposing the tax. If so provided in the
ordinance, no certificate of occupancy may be issued by any local
government unless proof of payment of the tax is filed with the person
authorized to issue the certificate of occupancy. Collection of the tax
imposed pursuant to this section must not commence earlier than the first
day of the second calendar month after adoption of the ordinance imposing
the tax.
6. In a county in which a tax has been imposed pursuant to
paragraph (a) of subsection 1, the revenue derived from the tax must be
used exclusively to pay the cost of:
(a) Projects related to the construction and maintenance of
sidewalks, streets, avenues, boulevards, highways and other public
rights-of-way used primarily for vehicular traffic, including, without
limitation, overpass projects, street projects and underpass projects, as
defined in NRS 244A.037 , 244A.053
and 244A.055 , respectively:
(1) Within the boundaries of the county;
(2) Within 1 mile outside the boundaries of the county if
the board of county commissioners finds that such projects outside the
boundaries of the county will facilitate transportation within the
county; or
(3) Within 30 miles outside the boundaries of the county and
the boundaries of this State, where those boundaries are coterminous, if:
(I) The projects consist of improvements to a highway
which is located wholly or partially outside the boundaries of this State
and which connects this State to an interstate highway; and
(II) The board of county commissioners finds that such
projects will provide a significant economic benefit to the county;
(b) The principal and interest on notes, bonds or other obligations
incurred to fund projects described in paragraph (a); or
(c) Any combination of those uses.
7. In a transportation district in which a tax has been imposed
pursuant to paragraph (b) of subsection 1, the revenue derived from the
tax must be used exclusively to pay the cost of:
(a) Projects related to the construction and maintenance of
sidewalks, streets, avenues, boulevards, highways and other public
rights-of-way used primarily for vehicular traffic, including, without
limitation, overpass projects, street projects and underpass projects, as
defined in NRS 244A.037 , 244A.053
and 244A.055 , respectively, within the boundaries of the
district or within such a distance outside those boundaries as is stated
in the ordinance imposing the tax, if the board of county commissioners
finds that such projects outside the boundaries of the district will
facilitate transportation within the district;
(b) The principal and interest on notes, bonds or other obligations
incurred to fund projects described in paragraph (a); or
(c) Any combination of those uses.
8. The county may expend the proceeds of the tax authorized by
this section, or any borrowing in anticipation of the tax, pursuant to an
interlocal agreement between the county and the regional transportation
commission of the county with respect to the projects to be financed with
the proceeds of the tax.
9. The provisions of chapter 278B of
NRS and any action taken pursuant to that chapter do not limit or in any
other way apply to any tax imposed pursuant to this section.
(Added to NRS by 1991, 33; A 1993, 1046, 2780, 2822; 1999, 1671
; 2001, 1666 ; 2003, 956 )
1973 NEVADA TAHOE REGIONAL PLANNING AGENCY
Findings and Declaration of Policy
The Legislature
finds and declares that:
1. The waters of Lake Tahoe and other resources of the Lake Tahoe
region are threatened with deterioration or degeneration, which may
endanger the natural beauty and economic productivity of the region.
2. By virtue of the special conditions and circumstances of the
natural ecology, developmental pattern, population distribution and human
needs in the Lake Tahoe region, the region is experiencing problems of
resource use and deficiencies of environmental control.
3. There is a need to maintain an equilibrium between the region’s
natural endowment and its man-made environment, and to preserve the
scenic beauty and recreational opportunities of the region.
4. For the purpose of enhancing the efficiency and governmental
effectiveness of the region, it is imperative that there be established
an areawide planning agency with power to exercise effective
environmental controls and to perform other essential functions.
5. It is not the intent of NRS 278.780 to 278.828 ,
inclusive, to rezone areas subject to the provisions of those sections.
6. Every application referred to the agency created by NRS 278.780
to 278.828 , inclusive, must be considered individually as
to its effect on the facilities necessary for people and traffic and
whether or not the granting of such application would exceed the capacity
of the environment to tolerate development in those particular areas
under the jurisdiction of the agency.
(Added to NRS by 1973, 1382; A 1979, 432)
General Provisions
As used in NRS 278.780 to 278.828 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 278.784 to 278.791
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 1973, 1382; A 1979, 433)
“Agency” means the Nevada Tahoe
Regional Planning Agency.
(Added to NRS by 1973, 1382)
“Governing body” means the
governing body of the Agency.
(Added to NRS by 1973, 1382)
“Planning commission”
means the advisory planning commission.
(Added to NRS by 1973, 1382)
“Region” includes Lake Tahoe and
the adjacent parts of Carson City and the counties of Douglas and Washoe
lying within the Tahoe Basin in the State of Nevada. The region defined
and described in this section shall be precisely delineated on official
maps of the agency.
(Added to NRS by 1973, 1383)
“Restricted
gaming license” means a license to operate not more than 15 slot machines
for which a quarterly fee is charged pursuant to NRS 463.373 .
(Added to NRS by 1979, 433)
Organization
[Effective until proclamation by Governor
of withdrawal of California from Tahoe Regional Planning Compact or of
his finding that the Tahoe Regional Planning Agency has become unable to
perform its duties or exercise its powers.]
1. The Nevada Tahoe Regional Planning Agency is hereby created as
a separate legal entity.
2. The governing body of the Agency shall consist of the Nevada
members of the Tahoe Regional Planning Agency created by the Tahoe
Regional Planning Compact.
(Added to NRS by 1973, 1383)
[Effective upon proclamation
by Governor of withdrawal of California from Tahoe Regional Planning
Compact or of his finding that the Tahoe Regional Planning Agency has
become unable to perform its duties or exercise its powers, unless the
1987 amendments made to the Compact by the State of Nevada become
effective before that time.]
1. The Nevada Tahoe Regional Planning Agency is hereby created as
a separate legal entity.
2. The governing body of the Agency consists of:
(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 must 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. A member who is appointed or designated pursuant to this
paragraph must not be a resident of the region and 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. If at least four members are unable to agree upon the selection
of a seventh member within 30 days after this section becomes effective
or the occurrence of a vacancy, the Governor shall make the appointment.
The member appointed pursuant to this paragraph may but is not required
to be a resident of the region.
3. If any appointing authority fails to make an appointment within
30 days after the effective date of this section or the occurrence of a
vacancy on the governing body, the Governor shall make the appointment.
4. The position of any member of the governing body shall be
deemed vacant if the 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 body 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 section, “economic
interest” means:
(a) Any business entity operating in the region in which the member
has a direct or indirect investment worth more than $1,000;
(b) Any real property located in the region in which the member 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
is a director, officer, partner, trustee, employee or holds any position
of management.
Ê No member or employee of the Agency may make or attempt to influence an
Agency decision in which he knows or has reason to know he has a
financial 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 interest of the member or employee.
(Added to NRS by 1973, 1383; A 1979, 1127, effective upon
proclamation by Governor of withdrawal of California from Tahoe Regional
Planning Compact or of his finding that the Tahoe Regional Planning
Agency has become unable to perform its duties or exercise its powers,
unless the 1987 amendments made to the Compact by the State of Nevada
become effective before that time)
[Effective upon proclamation
by Governor of withdrawal of California from Tahoe Regional Planning
Compact or of his finding that the Tahoe Regional Planning Agency has
become unable to perform its duties or exercise its powers, if the 1987
amendments made to the Compact by the State of Nevada become effective
before that time.]
1. The Nevada Tahoe Regional Planning Agency is hereby created as
a separate legal entity.
2. The governing body of the Agency consists of:
(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 must reside in the territorial jurisdiction of the
governmental body making the appointment.
(b) Two members appointed by the Governor of this State.
(c) One member appointed by the Speaker of the Assembly, and one
member appointed by the Majority Leader of the Senate, of this State.
3. If any appointing authority fails to make an appointment within
30 days after the effective date of this section or the occurrence of a
vacancy on the governing body, the Governor shall make the appointment.
4. The position of any member of the governing body shall be
deemed vacant if the 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 body 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 section, “economic
interest” means:
(a) Any business entity operating in the region in which the member
has a direct or indirect investment worth more than $1,000;
(b) Any real property located in the region in which the member 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
is a director, officer, partner, trustee, employee or holds any position
of management.
Ê No member or employee of the Agency may make or attempt to influence a
decision of the Agency in which he knows or has reason to know he has a
financial 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 interest of the member or employee.
(Added to NRS by 1973, 1383; A 1979, 1127; 1985, 1257, effective
upon proclamation by Governor of withdrawal of California from Tahoe
Regional Planning Compact or of his finding that the Tahoe Regional
Planning Agency has become unable to perform its duties or exercise its
powers, if the 1987 amendments made to the Compact by the State of Nevada
become effective before that time)
[Effective until proclamation by Governor of withdrawal of California
from Tahoe Regional Planning Compact or of his finding that the Tahoe
Regional Planning Agency has become unable to perform its duties or
exercise its powers.] The terms of office of the members of the
governing body shall coincide with the terms of office of such persons as
members of the Tahoe Regional Planning Agency.
(Added to NRS by 1973, 1383)
[Effective upon proclamation by Governor of withdrawal
of California from Tahoe Regional Planning Compact or of his finding that
the Tahoe Regional Planning Agency has become unable to perform its
duties or exercise its powers.] The terms of office of the members of
the governing body, other than the member appointed by the other members,
are at the pleasure of the appointing authority in each case, but each
appointment must be reviewed no less often than every 4 years.
(Added to NRS by 1973, 1383; A 1979, 1128, effective upon
proclamation by Governor of withdrawal of California from Tahoe Regional
Planning Compact or of his finding that the Tahoe Regional Planning
Agency has become unable to perform its duties or exercise its powers)
The position of a member of the governing
body is vacated upon his loss of any of the qualifications required for
his appointment, and the appointing authority shall appoint a successor.
(Added to NRS by 1973, 1383)
The members of the
Agency shall serve without compensation, but are entitled to receive the
per diem expense allowances and travel expenses provided by law for city,
county and state employees, respectively. All other expenses incurred by
the governing body in the course of exercising the powers conferred upon
it by NRS 278.780 to 278.828 , inclusive, unless met in some other manner
specifically provided, shall be paid by the Agency out of its own funds.
(Added to NRS by 1973, 1383)
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.
(Added to NRS by 1973, 1383)
1. The governing body of the Agency shall meet at the call of the
chairman or on the request of any two members. All meetings shall be open
to the public to the extent required by the law applicable to local
governments at the time such meeting is held.
2. Notice of any meeting so called shall be given by publishing
the date, place and agenda at least 5 days prior to the meeting in a
newspaper or combination of newspapers whose circulation is general
throughout the region and in Carson City and in each county a portion of
whose territory lies within the region.
(Added to NRS by 1973, 1383)
1. A majority of the members of the governing body constitute a
quorum for the transaction of the business of the Agency. A majority vote
of the members present shall be required to take action with respect to
any matter. The vote of each member of the governing body shall be
individually recorded.
2. The governing body may in other respects adopt its own rules of
procedure.
(Added to NRS by 1973, 1383)
1. The Agency shall establish and maintain an office within the
State. The Agency may rent 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 the State of Nevada shall be open to
inspection and copying during regular office hours.
2. The Agency shall be deemed to be a local government for the
purposes of the Local Government Budget and Finance Act.
(Added to NRS by 1973, 1383; A 2001, 1821 )
[Effective until proclamation by Governor of withdrawal of
California from Tahoe Regional Planning Compact or of his finding that
the Tahoe Regional Planning Agency has become unable to perform its
duties or exercise its powers.] The Agency shall appoint an advisory
planning commission to serve in an advisory capacity to the Agency. The
planning commission shall include:
1. The chief planning officers of Carson City and the counties of
Douglas and Washoe;
2. The county health officer of Douglas County or his designee;
3. The county health officer of Washoe County or his designee;
4. The Administrator of the Division of Environmental Protection
of the State Department of Conservation and Natural Resources or his
designee;
5. The Executive Officer of the Nevada Tahoe Regional Planning
Agency, who shall act as chairman; and
6. At least two lay members, each of whom shall be a resident of
the region.
(Added to NRS by 1973, 1383, 1406; A 1977, 1123)
[Effective upon proclamation by
Governor of withdrawal of California from Tahoe Regional Planning Compact
or of his finding that the Tahoe Regional Planning Agency has become
unable to perform its duties or exercise its powers.]
1. The Agency shall appoint an advisory planning commission to
serve in an advisory capacity to the Agency. The planning commission must
include:
(a) The chief planning officers of Carson City and the counties of
Douglas and Washoe;
(b) The Chief of the Bureau of Environmental Health of the Health
Division of the Department of Health and Human Services;
(c) The Director of the State Department of Conservation and
Natural Resources;
(d) The Executive Officer of the Nevada Tahoe Regional Planning
Agency, who shall act as chairman; and
(e) At least two lay members, each of whom must be a resident of
the region.
Ê Any official member may designate a substitute.
2. The term of office of each lay member of the advisory planning
commission is 2 years. Members may be reappointed.
3. 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 that event the appointing authority
shall appoint a successor.
4. A majority of the members of the advisory planning commission
shall constitute 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.
(Added to NRS by 1973, 1383, 1406; A 1977, 1123; 1979, 1129,
effective upon proclamation by Governor of withdrawal of California from
Tahoe Regional Planning Compact or of his finding that the Tahoe Regional
Planning Agency has become unable to perform its duties or exercise its
powers)
1. The governing body may determine the qualifications of and
appoint an Executive Officer for the Agency and may, within the limits of
available funds, fix the salary of the Executive Officer. The governing
body may also, within the limits of available funds, employ such other
staff as may be necessary to execute the powers and functions provided
for under NRS 278.780 to 278.828 , inclusive, or in accordance with any
intergovernmental contracts or agreements which the Agency may be
responsible for administering.
2. The Agency is a public employer for the purposes of chapter 286
of NRS, and a public agency for the purposes
of chapter 287 of NRS.
3. The Attorney General may, upon request, act as the attorney for
the Agency. If he chooses not to represent the Agency, the Agency may
employ legal counsel to act as its attorney.
(Added to NRS by 1973, 1384; A 1983, 748; 1985, 267)
Planning
[Effective upon proclamation by Governor of withdrawal of California from
Tahoe Regional Planning Compact or of his finding that the Tahoe Regional
Planning Agency has become unable to perform its duties or exercise its
powers.] The governing body shall adopt a regional plan. After adoption,
the planning commission and governing body shall continuously review and
maintain the regional plan. The regional plan must 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.
(Added to NRS by 1979, 1130, effective upon proclamation by
Governor of withdrawal of California from Tahoe Regional Planning Compact
or of his finding that the Tahoe Regional Planning Agency has become
unable to perform its duties or exercise its powers)
[Effective
upon proclamation by Governor of withdrawal of California from Tahoe
Regional Planning Compact or of his finding that the Tahoe Regional
Planning Agency has become unable to perform its duties or exercise its
powers.]
1. In preparing the regional plan 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 subsection must 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 or city a portion of whose territory lies
within the region.
2. 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 subsection 1.
3. If a request is made for the amendment of the regional plan by:
(a) A political subdivision a part of whose territory would be
affected by such amendment; or
(b) 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 the request is accepted as complete according to standards
which must be prescribed by ordinance of the Agency.
(Added to NRS by 1979, 1130, effective upon proclamation by
Governor of withdrawal of California from Tahoe Regional Planning Compact
or of his finding that the Tahoe Regional Planning Agency has become
unable to perform its duties or exercise its powers)
[Effective upon
proclamation by Governor of withdrawal of California from Tahoe Regional
Planning Compact or of his finding that the Tahoe Regional Planning
Agency has become unable to perform its duties or exercise its powers.]
The regional plan must include 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 freeways,
parkways, highways, transportation facilities, transit routes, waterways,
navigation and aviation aids and facilities, and appurtenant terminals
and facilities for the movement of people and goods within the region.
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.
(Added to NRS by 1979, 1130, effective upon proclamation by
Governor of withdrawal of California from Tahoe Regional Planning Compact
or of his finding that the Tahoe Regional Planning Agency has become
unable to perform its duties or exercise its powers)
[Effective upon
proclamation by Governor of withdrawal of California from Tahoe Regional
Planning Compact or of his finding that the Tahoe Regional Planning
Agency has become unable to perform its duties or exercise its powers.]
1. 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.
2. Where necessary for the realization of the regional plan, the
Agency may engage in collaborative planning with local and regional
governmental jurisdictions located outside the region but contiguous to
its boundaries.
3. In formulating the regional plan and putting it into effect,
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.
(Added to NRS by 1979, 1131, effective upon proclamation by
Governor of withdrawal of California from Tahoe Regional Planning Compact
or of his finding that the Tahoe Regional Planning Agency has become
unable to perform its duties or exercise its powers)
[Effective upon
proclamation by Governor of withdrawal of California from Tahoe Regional
Planning Compact or of his finding that the Tahoe Regional Planning
Agency has become unable to perform its duties or exercise its powers.]
1. 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 persons
concerned.
2. The Agency shall cooperate with owners of unimproved real
estate within the basin in order to perfect exchanges of their property
for unimproved real property owned by the United States outside the
basin. The Agency shall maintain a current list of real property owned by
the United States and known to be available for exchange, and it shall
participate in negotiations between the United States and the other
owners to perfect exchanges of property.
(Added to NRS by 1979, 1131, effective upon proclamation by
Governor of withdrawal of California from Tahoe Regional Planning Compact
or of his finding that the Tahoe Regional Planning Agency has become
unable to perform its duties or exercise its powers)
Agency’s Powers
[Effective until proclamation by Governor of withdrawal of California
from Tahoe Regional Planning Compact or of his finding that the Tahoe
Regional Planning Agency has become unable to perform its duties or
exercise its powers.]
1. When an application for approval of the development or
construction of a business or recreational establishment subject to the
provisions of NRS 278.780 to 278.828
, inclusive, has been submitted to the
appropriate local authority, and the local authority has made its final
determination of approval, the application shall be referred forthwith to
the Agency for review as to environmental impact and effect. The Agency
shall consider each application on an individual basis and shall, by
resolution, either approve, approve with conditions or disapprove each
application within 30 days plus notice and publication time as provided
in subsection 3. A resolution adopted by the Agency approving the
application shall be required before the applicant may proceed with such
development or construction.
2. The governing body shall adopt all necessary ordinances, rules,
regulations and policies for the determination of environmental impact
and effect, for the approval or disapproval of individual applications
and for otherwise implementing the provisions of NRS 278.780 to 278.828 ,
inclusive. Such ordinances, rules, regulations and policies shall include
but need not be limited to criteria for determining the effect of each
proposal upon the availability of services, public facilities and natural
resources, and the capacity of the environment to tolerate additional
development.
3. Whenever an application is referred to the Agency for review,
the Agency shall take final action upon whether to approve, to require
modification or to reject such application within 30 days after such
application is delivered to the Agency, plus the 5-day notice and
publication period required by subsection 2 of NRS 278.802 . If the Agency does not take final action
within such 30-day period plus notice and publication time, the
application shall be deemed approved.
4. Except as otherwise provided in NRS 278.780 to 278.828 ,
inclusive, Agency procedures shall be subject to the provisions of
chapter 233B of NRS.
(Added to NRS by 1973, 1384; R 1979, 1133, effective upon
proclamation by Governor of withdrawal of California from Tahoe Regional
Planning Compact or of his finding that the Tahoe Regional Planning
Agency has become unable to perform its duties or exercise its powers)
[Effective upon
proclamation by Governor of withdrawal of California from Tahoe Regional
Planning Compact or of his finding that the Tahoe Regional Planning
Agency has become unable to perform its duties or exercise its powers.]
1. Every public works project proposed to be constructed within
the region must be submitted to the Agency for its review and
recommendation as to conformity with the regional plan.
2. Except as provided in subsection 3, a public works project must
not be constructed unless it has been approved by the Agency.
3. If the public works project is proposed and is to be
constructed by a department of this State, the Agency shall submit its
recommendations to the executive head of the department and to the
Governor, but the project may be constructed as approved by the executive
head of the department.
(Added to NRS by 1979, 1132, effective upon proclamation by
Governor of withdrawal of California from Tahoe Regional Planning Compact
or of his finding that the Tahoe Regional Planning Agency has become
unable to perform its duties or exercise its powers)
[Effective upon proclamation by Governor of withdrawal of
California from Tahoe Regional Planning Compact or of his finding that
the Tahoe Regional Planning Agency has become unable to perform its
duties or exercise its powers.]
1. Whenever, under the provisions of NRS 278.8121 or any ordinance, rule, regulation or policy
of the Agency, the Agency is required to review or approve any proposal,
public or private, the Agency shall take final action upon whether to
approve, to require modification or to reject the proposal within 90 days
after the proposal is delivered to the Agency in compliance with the
Agency’s regulations concerning such delivery unless the applicant has
agreed to an extension of this time limit. If the Agency does not take
final action within 90 days, the proposal shall be deemed rejected.
2. Approval by the Agency of any proposed construction or use
expires 3 years after the date of final action by the Agency unless
construction is begun within that time and diligently pursued thereafter
or the use has commenced. In computing the 3-year period, any period of
time during which the proposed construction or use is the subject of a
legal action must not be counted.
(Added to NRS by 1979, 1132, effective upon proclamation by
Governor of withdrawal of California from Tahoe Regional Planning Compact
or of his finding that the Tahoe Regional Planning Agency has become
unable to perform its duties or exercise its powers)
1. 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 January 1,
1979, the Agency shall recognize as a permitted and conforming use:
(a) Every structure housing gaming under a nonrestricted license
which existed as a licensed gaming establishment on January 1, 1979, or
whose construction was approved by the Tahoe Regional Planning Agency
affirmatively or by default before that date. The Agency shall not permit
the construction 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.
(b) Every other nonrestricted gaming establishment whose use was
seasonal and whose license was issued before January 1, 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.
(c) Gaming conducted pursuant to a restricted gaming license issued
before January 1, 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.
2. Any structure housing licensed gaming may be rebuilt or
replaced to a size not to exceed the cubic volume and land coverage
existing or approved on May 4, 1979.
(Added to NRS by 1979, 433)
8125 .
1. Gaming conducted pursuant to a restricted gaming license is
exempt from the provisions of NRS 278.8125 if it is incidental to the primary use of the
premises.
2. The provisions of NRS 278.8125 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.
(Added to NRS by 1979, 434)
[Effective upon proclamation by Governor of
withdrawal of California from Tahoe Regional Planning Compact or of his
finding that the Tahoe Regional Planning Agency has become unable to
perform its duties or exercise its powers.]
1. The governing body shall adopt all necessary ordinances, rules,
regulations and policies to effectuate the adopted regional plan. Every
such ordinance, rule or regulation must establish a minimum standard
applicable throughout the region, and any political subdivision may adopt
and enforce an equal or higher standard applicable to the same subject of
regulation in its territory.
2. The regulations must contain general, regional standards,
including but not limited to the following:
(a) Water purity and clarity;
(b) Subdivision;
(c) Zoning;
(d) Tree removal;
(e) Disposal of solid waste;
(f) Sewage disposal;
(g) Land fills, excavations, cuts and grading;
(h) Piers, harbors, breakwaters, channels and other shoreline
developments;
(i) Waste disposal in shoreline areas;
(j) Waste disposal from boats;
(k) Mobile home parks;
(l) House relocation;
(m) Outdoor advertising;
(n) Protection of floodplains;
(o) Protection of soil and control of sedimentation;
(p) Air pollution; and
(q) Watershed protection.
3. 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 counties and cities the
enactment of specific and local ordinances, rules, regulations and
policies which conform to the regional plan.
(Added to NRS by 1979, 1132, effective upon proclamation by
Governor of withdrawal of California from Tahoe Regional Planning Compact
or of his finding that the Tahoe Regional Planning Agency has become
unable to perform its duties or exercise its powers)
1. 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.
2. 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.
(Added to NRS by 1973, 1385)
All ordinances, rules, regulations and
policies adopted by the agency shall be enforced by the Agency and by
Carson City and the counties. The appropriate courts of this State, each
within its limits of territory and subject matter provided by law, are
vested with jurisdiction over civil actions to which the Agency is a
party and criminal actions for violations of its ordinances, rules and
regulations.
(Added to NRS by 1973, 1385)
Violation of any ordinance, rule and regulation of the Agency is a
misdemeanor.
(Added to NRS by 1973, 1385)
[Effective until
proclamation by Governor of withdrawal of California from Tahoe Regional
Planning Compact or of his finding that the Tahoe Regional Planning
Agency has become unable to perform its duties or exercise its powers.]
The Agency may fix and collect reasonable fees for any services rendered
by it.
(Added to NRS by 1973, 1385; A 1979, 617)
[Effective upon
proclamation by Governor of withdrawal of California from Tahoe Regional
Planning Compact or of his finding that the Tahoe Regional Planning
Agency has become unable to perform its duties or exercise its powers.]
1. The Agency may fix and collect reasonable fees for any services
rendered by it.
2. On or before December 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 not more than $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. Each county shall pay such sum from its general fund or from
any other money available therefor.
3. The Agency is strictly accountable to each county in the region
for all money paid by it to the Agency and is strictly accountable to all
participating bodies for all receipts and disbursements.
(Added to NRS by 1973, 1385; A 1979, 617, 1129, effective upon
proclamation by Governor of withdrawal of California from Tahoe Regional
Planning Compact or of his finding that the Tahoe Regional Planning
Agency has become unable to perform its duties or exercise its powers)
In the region of this State for which there has been created by
NRS 278.780 to 278.828 , inclusive, a Regional Planning Agency, the
powers conferred by this chapter upon any other authority with respect to
the business and recreational establishments subject to the provisions of
NRS 278.780 to 278.828 , inclusive, are subordinate to the powers of
such Regional Planning Agency, and may be exercised only to the extent
that their exercise does not conflict with any ordinance, rule,
regulation or policy adopted by such Regional Planning Agency.
(Added to NRS by 1973, 1385)
[Effective until
proclamation by Governor of withdrawal of California from Tahoe Regional
Planning Compact or of his finding that the Tahoe Regional Planning
Agency has become unable to perform its duties or exercise its powers.]
The Nevada Tahoe Regional Planning Agency shall exercise authority,
powers and functions within the region pursuant to NRS 278.780 to 278.828 ,
inclusive:
1. Only with respect to business and recreational establishments
which are required by law to be individually licensed by the State of
Nevada, whether or not any such business or establishment was so licensed
prior to April 30, 1973, or is to be constructed on land which was so
zoned or designated in a finally adopted master plan on February 5, 1968,
as to permit the construction of any such business or establishment; and
2. Only with respect to authority, powers and functions which are
not granted to the Tahoe Regional Planning Agency by the Tahoe Regional
Planning Compact or which are excluded, excepted or limited, wholly or
partially, from the authority, powers and functions granted to the Tahoe
Regional Planning Agency by such Compact.
(Added to NRS by 1973, 1385; R 1979, 1133, effective upon
proclamation by Governor of withdrawal of California from Tahoe Regional
Planning Compact or of his finding that the Tahoe Regional Planning
Agency has become unable to perform its duties or exercise its powers)
[Effective
upon proclamation by Governor of withdrawal of California from Tahoe
Regional Planning Compact or of his finding that the Tahoe Regional
Planning Agency has become unable to perform its duties or exercise its
powers.]
1. If at any time the State of California or the State of Nevada
withdraws from the Tahoe Regional Planning Compact, the Nevada Tahoe
Regional Planning Agency shall perform all duties and exercise all powers
provided in NRS 278.780 to 278.828
, inclusive.
2. Upon receiving a notice of withdrawal or determining as a fact
that the Tahoe Regional Planning Agency has become unable to perform its
duties or exercise its powers, the Governor shall proclaim publicly the
withdrawal or finding.
(Added to NRS by 1973, 1386; A 1979, 1129, effective upon
proclamation by Governor of withdrawal of California from Tahoe Regional
Planning Compact or of his finding that the Tahoe Regional Planning
Agency has become unable to perform its duties or exercise its powers)
Unlawful Acts
1. It is unlawful for any member of the governing body of the
Agency to be interested, directly or indirectly, in any contract made by
him, or be a purchaser or be interested, directly or indirectly, 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 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 who violates the provisions of this section is
guilty of a gross misdemeanor and shall forfeit his office.
(Added to NRS by 1973, 1385)
