USA Statutes : nevada
Title : Title 49 - AGRICULTURE
Chapter : CHAPTER 548 - CONSERVATION
This chapter may be known and cited as
the Conservation Districts Law.
[1:212:1937; 1931 NCL § 6870.01]—(NRS A 1973, 738)
As used in this chapter, the following
terms have the meanings attributed to them in NRS 548.020 to 548.090 ,
inclusive, unless the context otherwise requires.
[Part 3:212:1937; 1931 NCL § 6870.03]
“Agencies of
the United States” includes the United States of America, the Soil
Conservation Service of the United States Department of Agriculture, and
any other agency or instrumentality, corporate or otherwise, of the
United States of America.
[Part 3:212:1937; 1931 NCL § 6870.03]
“Agency of this
State” includes the government of this State and any subdivision, agency
or instrumentality, corporate or otherwise, of the government of this
State.
[Part 3:212:1937; 1931 NCL § 6870.03]
“Commission” means the State
Conservation Commission in the State Department of Conservation and
Natural Resources.
[Part 3:212:1937; 1931 NCL § 6870.03]—(NRS A 1973, 738; 1977, 1172)
“Conservation district” or “district” means a governmental subdivision
of this State, and a public body corporate and politic, organized in
accordance with the provisions of this chapter for the purposes, with the
powers, and subject to the restrictions set forth in this chapter.
(Added to NRS by 1973, 737; A 1977, 1172)
“Division” means the Division of
Conservation Districts in the State Department of Conservation and
Natural Resources.
[Part 3:212:1937; 1931 NCL § 6870.03]—(NRS A 1977, 1172)
1. “Due notice” means notice:
(a) Published at least twice, with an interval of at least 7 days
between the two publication dates, in a newspaper or other publication of
general circulation within the appropriate area; or
(b) If no such publication of general circulation is available, by
posting at a reasonable number of conspicuous places within the
appropriate area, such posting to include, where possible, posting at
public places where it may be customary to post notices concerning county
or municipal affairs generally.
2. At any hearing held pursuant to such notice, at the time and
place designated in such notice, adjournment may be made from time to
time without the necessity of renewing such notice for such adjourned
dates.
[Part 3:212:1937; 1931 NCL § 6870.03]
“Government”
or “governmental” includes the government of this State, the United
States Government, and any subdivision, agency or instrumentality,
corporate or otherwise, of either of them.
[Part 3:212:1937; 1931 NCL § 6870.03]
“Land
occupier” or “occupier of land” means any person, firm or corporation
which holds title to, or is in legal possession of, any lands lying
within a district organized under the provisions of this chapter, whether
as owner or as lessee or tenant under a lease or rental agreement for a
term of 1 year or longer, but does not include transient users.
[Part 3:212:1937; 1931 NCL § 6870.03]—(NRS A 1973, 738)
“Nominating petition”
means a petition to nominate candidates for the office of supervisor of a
conservation district.
[Part 3:212:1937; 1931 NCL § 6870.03]—(NRS A 1973, 738; 1975, 899)
“Petition” means a petition filed
under the provisions of NRS 548.185 for
the creation of a district.
[Part 3:212:1937; 1931 NCL § 6870.03]
“Renewable natural resources” or “resources” includes land, soil, water,
vegetation, trees, natural landscape and open space.
(Added to NRS by 1973, 737)
“State” means the State of Nevada.
[Part 3:212:1937; 1931 NCL § 6870.03]
“Supervisor” means one of the
members of the governing body of a district, elected or appointed in
accordance with the provisions of this chapter.
[Part 3:212:1937; 1931 NCL § 6870.03]
“United States” includes the
United States of America, the Soil Conservation Service of the United
States Department of Agriculture, and any other agency or
instrumentality, corporate or otherwise, of the United States of America.
[Part 3:212:1937; 1931 NCL § 6870.03]
It is
hereby declared, as a matter of legislative determination:
1. That the renewable natural resources of the State of Nevada are
basic assets.
2. That they are being affected by the ever-increasing demands of
farm and ranch operations and by changes in land use from agricultural to
nonagricultural uses, such as, but not limited to, residential and
commercial developments, highways and airports.
3. That conservation, protection, and controlled development of
these renewable natural resources are necessary at such rate and such
levels of quality as will meet the needs of the people of this State.
[Part 2:212:1937; 1931 NCL § 6870.02]—(NRS A 1973, 738)
It
is hereby declared, as a matter of legislative determination, that the
consequences of failing to plan for and accomplish the conservation and
controlled development of the renewable resources of the State of Nevada
are to handicap economic development and cause degeneration of
environmental conditions important to future generations.
[Part 2:212:1937; 1931 NCL § 6870.02]—(NRS A 1973, 739)
It is hereby declared, as a matter of legislative
determination, that persons in local communities are best able to provide
basic leadership and direction for the planning and accomplishment of the
conservation and development of renewable natural resources through
organization and operation of conservation districts.
[Part 2:212:1937; 1931 NCL § 6870.02]—(NRS A 1973, 740)
It is hereby declared to be the policy of the Legislature to
recognize the ever-increasing demands on the renewable natural resources
of the State and the need to conserve, protect and develop such resources
at such levels of quality as will meet the needs of the people of the
State.
[Part 2:212:1937; 1931 NCL § 6870.02]—(NRS A 1973, 740)
STATE CONSERVATION COMMISSION
The
State Conservation Commission, consisting of two ex officio members and
seven members appointed by the Governor, is hereby created.
[Part 4:212:1937; A 1951, 190]—(NRS A 1973, 741; 1977, 1244)
1. The following shall serve, ex officio, as members of the State
Conservation Commission:
(a) The Dean of the Max C. Fleischmann College of Agriculture of
the University of Nevada, Reno.
(b) The Director of the State Department of Agriculture.
2. The ex officio members may appoint, in writing, alternates to
attend any meeting of the Commission. Ex officio members or their
alternates have full voting powers.
3. An ex officio member of the Commission shall serve on the
Commission as long as he retains the office by virtue of which he is
serving on the Commission.
[Part 4:212:1937; A 1951, 190]—(NRS A 1960, 431; 1961, 513; 1969,
1443; 1973, 741; 1993, 1704; 1999, 3634 )
1. For the purposes of this section:
(a) Area 1 consists of Elko, Eureka, Humboldt, Lander and Pershing
counties.
(b) Area 2 consists of Carson City and Churchill, Douglas, Lyon,
Storey and Washoe counties.
(c) Area 3 consists of Clark, Esmeralda, Lincoln, Mineral, Nye and
White Pine counties.
2. Not later than September 1, 1973, the Nevada Association of
Conservation Districts shall submit to the Governor a list of at least 15
persons, no more than one of whom resides in any one county or
conservation district. The list shall include five persons from each of
the areas designated in subsection 1.
3. The Governor shall appoint to the Commission one person from
each area for a term of 2 years, one person from each area for a term of
4 years, and a member at large, from any area, for a term of 4 years.
Upon the expiration of these initial terms, each member shall be
appointed for a term of 4 years, except to fill a vacancy for the
unexpired term.
4. At least 60 days prior to the expiration of each group of
terms, the Nevada Association of Conservation Districts shall submit to
the Governor a list of at least nine persons, no more than one of whom
resides in any one county or conservation district. The list shall
include three persons from each of the areas designated in subsection 1.
The Governor shall appoint a person from the same area to succeed each
member whose term expires, except that the successor of the member at
large may be from any area.
5. Any appointed member who fails to attend three consecutive,
regular meetings of the Commission shall, at the recommendation of the
Commission, be replaced for the balance of such member’s term of office.
6. Vacancies shall be filled by appointment by the Governor from
the names on the last list presented to him by the Nevada Association of
Conservation Districts.
[Part 4:212:1937; A 1951, 190]—(NRS A 1973, 741)
The Commission shall adopt a seal, which seal
shall be judicially noticed.
[Part 4:212:1937; A 1951, 190]—(NRS A 1973, 742)
The Commission shall designate its Chairman
annually from among its appointed members.
[Part 4:212:1937; A 1951, 190]—(NRS A 1973, 742)
1. Each member of the Commission is entitled to receive a salary
of not more than $80, as fixed by the Commission, for each day’s
attendance at a meeting of the Commission.
2. While engaged in the business of the Commission, each member
and employee of the Commission is entitled to receive the per diem
allowance and travel expenses provided for state officers and employees
generally.
3. The Director of the State Department of Conservation and
Natural Resources shall include in his budget the money necessary for the
operating expenses of the Commission.
[Part 4:212:1937; A 1951, 190]—(NRS A 1973, 742; 1977, 1244; 1981,
1988; 1985, 437; 1989, 1719)
The Commission may meet regularly at
quarterly intervals. Additional meetings may be held as required.
(Added to NRS by 1973, 737; A 1983, 1447)
A majority of the Commission shall constitute
a quorum, and the concurrence of a majority of the quorum in any matter
within their duties shall be required for its determination.
[Part 4:212:1937; A 1951, 190]—(NRS A 1973, 742)
1. The State Conservation Commission may employ such personnel,
permanent and temporary, as it may require, and shall determine their
qualifications, duties and compensation, subject to the limitations of
the laws of the State of Nevada.
2. The Commission may provide for the execution of surety bonds
for all employees and officers who shall be entrusted with funds or
property.
3. The Commission may delegate to its Chairman, to one or more of
its members, or to one or more agents or employees, such powers and
duties as it may deem proper.
[Part 4:212:1937; A 1951, 190]—(NRS A 1973, 742)
The Division of
Conservation Districts in the State Department of Conservation and
Natural Resources shall perform staff services for the Commission in
carrying out its responsibilities under this chapter.
(Added to NRS by 1973, 737)
The Commission may adopt and
promulgate such rules and regulations as may be necessary for the
execution of its functions under this chapter.
[Part 4:212:1937; A 1951, 190]—(NRS A 1973, 743)
The Commission shall keep a full and
accurate record of its official actions and all proceedings, and of all
resolutions, regulations and orders issued or adopted.
[Part 4:212:1937; A 1951, 190]—(NRS A 1973, 743; 1979, 118)
The
Attorney General shall provide such legal services as the Commission may
require.
[Part 4:212:1937; A 1951, 190]—(NRS A 1973, 743)
The Commission has the
following duties and powers:
1. To carry out the policies of this State in programs at the
state level for the conservation of the renewable natural resources of
this State and to represent the State in matters affecting such resources.
2. To offer such assistance as may be appropriate to the
supervisors of conservation districts in the carrying out of any of their
powers and programs, to propose programs and to assist and guide
districts in the preparation and carrying out of programs authorized
under this chapter, to review district programs, to coordinate the
programs of the districts and resolve any conflicts in such programs, and
to facilitate, promote, assist, harmonize, coordinate and guide the
programs and activities of districts as they relate to other
special-purpose districts, counties and other public agencies.
3. To keep the supervisors of each of the districts informed of
the activities and experience of all other districts organized pursuant
to this chapter, and to facilitate an interchange of advice and
experience among those districts and promote cooperation among them.
4. To secure the cooperation and assistance of the United States,
any of its agencies and of other agencies of this State in the work of
conservation districts.
5. To serve, along with conservation districts, as the official
state agency for cooperating with the Natural Resources Conservation
Service of the United States Department of Agriculture in carrying on
conservation operations within the boundaries of conservation districts
as created under this chapter.
6. To enlist the cooperation and collaboration of state, federal,
interstate, local, public and private agencies with the conservation
districts and to facilitate arrangements under which the conservation
districts may serve county governing bodies and other agencies as their
local operating agencies in the administration of any activity concerned
with the conservation and use of renewable natural resources.
7. To make available, with the assistance of the Division,
information concerning the needs and the work of the districts and the
Commission to the Director of the State Department of Conservation and
Natural Resources, the Legislature, executive agencies and political
subdivisions of this State, cooperating federal agencies and the general
public.
8. To cooperate with and give such assistance as may be requested
by cities, counties, irrigation districts, and other special-purpose
districts in the State of Nevada for the purpose of cooperating with the
United States through the Secretary of Agriculture in the furtherance of
conservation, pursuant to the provisions of the Watershed Protection and
Flood Prevention Act, 16 U.S.C. §§ 1001 et seq., and the requirements of
other special programs of the United States Department of Agriculture.
9. Pursuant to procedures developed mutually by the Commission and
federal, state and local agencies that are authorized to plan or
administer activities significantly affecting the conservation and use of
renewable natural resources, to receive from those agencies, for review
and comment, suitable descriptions of their plans, programs and
activities for purposes of coordination with the conservation districts’
programs and to arrange for and participate in conferences necessary to
avoid conflict among the plans and programs, to call attention to
omissions and to avoid duplication of effort.
10. To submit, with the assistance of the Division, a report to
the Director of the State Department of Conservation and Natural
Resources whenever the Commission determines that there exists a
substantial conflict between the program of a district and the proposed
plans or activities directly affecting the conservation of natural
resources prepared by any other local governmental unit or agency of this
State.
11. By administrative order of the Commission, upon the written
request of the board of supervisors of the conservation district or
districts involved, with a showing that the request has been approved by
a majority vote of the members of each of the boards involved:
(a) To transfer lands from one district established under the
provisions of this chapter to another.
(b) To divide a single district into two or more districts, each of
which must, thereafter, operate as a separate district under the
provisions of this chapter.
(c) To consolidate two or more districts established under the
provisions of this chapter into a single district under the provisions of
this chapter.
(d) To inform the Administrative Officer of the Division of any
action taken pursuant to this subsection for his approval of any new name
and the appropriate entry in his records of the changes made.
12. To authorize the change of name of any district, upon receipt
by the Commission of a resolution by the board of supervisors of the
district for such a change and to present the resolution to the
Administrative Officer of the Division for processing and recording in
accordance with the provisions of NRS 548.240 .
13. To apply for any available grants and to accept and use any
grants, gifts or donations to make available grants of money to qualified
conservation districts to aid the districts in carrying out the
provisions of this chapter.
[Part 4:212:1937; A 1951, 190]—(NRS A 1973, 743; 1977, 1173; 1985,
777; 1995, 1922; 2005, 121 )
1. The Commission may establish programs for distributing, within
the limits of legislative appropriations and other available money,
grants of money to conservation districts. Distribution of such grants
must be made in the following manner:
(a) The Commission shall distribute grants of money provided by
legislative appropriation in equal amounts to each conservation district
which the Commission determines qualifies for a grant.
(b) The Commission may distribute grants of money provided by
sources other than legislative appropriation in such amounts and subject
to such conditions as the Commission determines appropriate to any
conservation district which the Commission determines qualifies for a
grant.
2. The Commission may determine that a conservation district
qualifies for a grant of money pursuant to this section if the district
demonstrates to the satisfaction of the Commission that the district:
(a) Has been established in accordance with the provisions of this
chapter; and
(b) Is in compliance with all of the requirements of this chapter
and the regulations of the Commission adopted pursuant thereto.
3. Except as may otherwise be provided as a condition of a grant
of money distributed by the Commission pursuant to paragraph (b) of
subsection 1, a conservation district that is awarded a grant of money
pursuant to this section may use the money for reasonable and necessary
expenses incurred by the district in carrying out its duties and
authorities in accordance with this chapter and the annual district
budget approved by the Commission.
4. The Commission may adopt such regulations as it considers
necessary to carry out the provisions of this section.
(Added to NRS by 1995, 1922; A 2005, 122 )
Upon request of the Commission, for the purpose of
carrying out any of its functions, the supervising officer of any state
agency, or of any state institution of learning, shall, insofar as may be
possible under available appropriation and having due regard to the needs
of the agency to which the request is directed, assign or detail to the
Commission members of the staff or personnel of such agency or
institution of learning, and make such special reports, surveys or
studies as the Commission may request.
[Part 4:212:1937; A 1951, 190]—(NRS A 1973, 745)
CONSERVATION DISTRICTS
Organization
1. Any 10 occupiers of land lying within the limits of the
territory proposed to be organized into a district may file a petition
with the State Conservation Commission asking that a conservation
district be organized to function in the territory described in the
petition.
2. The petition shall set forth:
(a) The proposed name of the district.
(b) That there is need, in the interest of public health, safety
and welfare, for a conservation district to function in the territory
described in the petition.
(c) A description of the territory proposed to be organized as a
district, which shall consist of one or more townships created pursuant
to chapter 257 of NRS.
(d) A request that a referendum be held within the territory so
defined on the question of the creation of a conservation district in
such territory, and that the Commission determine that such a district be
created.
3. Where more than one petition is filed covering parts of the
same territory, the State Conservation Commission may consolidate all or
any such petitions.
[Part 5:212:1937; A 1947, 431; 1951, 190]—(NRS A 1973, 745; 1975,
900)
1. Within 30 days after such a petition has been filed with the
State Conservation Commission, it shall cause due notice to be given of a
proposed hearing upon:
(a) The question of the desirability and necessity, in the interest
of the public health, safety and welfare, of the creation of such
district.
(b) The question of the appropriate boundaries to be assigned to
such district.
(c) The propriety of the petition and other proceedings taken under
this chapter.
(d) All questions relevant to such inquiries.
2. All occupiers of land within the limits of the territory
described in the petition, and of lands within any territory considered
for addition to such described territory, and all other interested
persons, shall have the right to attend such hearings and to be heard.
3. If it shall appear upon the hearing that it may be desirable to
include, within the proposed district, territory outside of the area
within which due notice of the hearing has been given, the hearing shall
be adjourned and due notice of further hearing shall be given throughout
the entire area considered for inclusion in the district, and such
further hearing shall be held.
[Part 5:212:1937; A 1947, 431; 1951, 190]—(NRS A 1973, 746)
1. After such hearing, if the Commission determines, upon the
facts presented at such hearing and upon such other relevant facts and
information as may be available, that there is need, in the interest of
the public health, safety and welfare, for a conservation district to
function in the territory considered at the hearing, the Commission shall
make and record such determination, and shall determine the township or
townships to be included in the district.
2. In making such determination, the Commission shall give due
weight and consideration to:
(a) The topography of the area considered and of the State.
(b) The composition of soils therein.
(c) The distribution of erosion.
(d) The prevailing land use practices.
(e) The desirability and necessity of including within the
boundaries the particular lands under consideration and the benefits such
lands may receive from being included within such boundaries.
(f) The relation of the proposed area to existing watersheds and
agricultural regions, and to other conservation districts already
organized or proposed for organization under the provisions of this
chapter.
(g) Such other physical, geographical and economic factors as are
relevant, having due regard to the legislative determinations set forth
in NRS 548.095 to 548.110 , inclusive.
3. After consideration of the petition and of any other evidence
of interest in the organization of a district, and of the relevant
factors regarding the need for a district to function in the territory
being considered, the State Conservation Commission may make the
determination of such need without holding a hearing.
[Part 5:212:1937; A 1947, 431; 1951, 190]—(NRS A 1973, 746; 1975,
900)
1. If the Commission shall determine after the hearing and after
due consideration of the relevant facts that there is no need for a
conservation district to function in the territory considered at the
hearing, the Commission shall make and record such determination and
shall deny the petition.
2. After 6 months shall have expired from the date of the denial
of any such petition, subsequent petitions covering the same territory
may be filed and new hearings held and determinations made thereon.
[Part 5:212:1937; A 1947, 431; 1951, 190]—(NRS A 1973, 747)
1. After the Commission has made and recorded a determination that
there is need, in the interest of the public health, safety and welfare,
for the organization of a district in a particular territory and has
determined the township or townships to be included, the Commission shall
consider the question whether the operation of a district within such
territory with the powers conferred upon conservation districts in this
chapter is administratively practicable and feasible.
2. To assist the Commission in the determination of such
administrative practicability and feasibility, the Commission shall,
within a reasonable time after entry of the finding that there is need
for the organization of the proposed district and the determination of
its territory, hold a referendum within the proposed district upon the
proposition of the creation of the district, and shall cause due notice
of such referendum to be given.
3. The question shall be submitted by ballots upon which the words
“For creation of a conservation district consisting of the township (or
townships) of ........................ in the county (or counties) of
........................” and “Against creation of a conservation
district consisting of the township (or townships) of
........................ in the county (or counties) of
........................” shall be printed, with a square before each
proposition and a direction to insert an X mark in the square before one
or the other of the propositions, as the voter may favor or oppose
creation of such district.
4. All persons determined by the county clerk or clerks to be
registered voters residing within the boundaries of the proposed
conservation district shall be eligible to vote in such referendum.
[Part 5:212:1937; A 1947, 431; 1951, 190]—(NRS A 1973, 747; 1975,
901)
1. The Commission shall:
(a) Pay all expenses for the issuance of such notices and the
conduct of such hearings and referendum.
(b) Supervise the conduct of such hearings and referendum.
(c) Issue appropriate regulations governing the conduct of such
hearings and referendum, and providing for the registration prior to the
date of the referendum of all eligible voters, or prescribing some other
appropriate procedure for the determination of those eligible as voters
in such referendum.
2. No informalities in the conduct of such referendum or in any
matters relating thereto shall invalidate the referendum or the result
thereof if notice thereof shall have been given substantially as provided
in this chapter and the referendum shall have been fairly conducted.
[Part 5:212:1937; A 1947, 431; 1951, 190]—(NRS A 1973, 747)
1. The Commission shall publish the result of the referendum and
shall thereafter consider and determine whether the operation of the
district is administratively practicable and feasible.
2. If the Commission determines that the operation of such
district is not administratively practicable and feasible, the Commission
shall record such determination and deny the petition.
3. If the Commission determines that the operation of the district
is administratively practicable and feasible, the Commission shall record
such determination and shall proceed with the organization of the
district in the manner provided in this chapter. The Commission shall not
determine that the operation of the proposed district is administratively
practicable and feasible unless at least a majority of the votes cast in
the referendum upon the creation of the district are cast in favor of the
creation of such district.
4. In making such determination, the Commission shall give due
regard and weight to:
(a) The attitudes of the occupiers of lands lying within the
defined boundaries.
(b) The number of eligible registered voters who voted in the
referendum.
(c) The proportion of the votes cast in such referendum in favor of
the creation of the district to the total number of votes cast.
(d) The approximate wealth and income of the land occupiers of the
proposed district.
(e) The probable expense of carrying on erosion-control operations
within such district.
(f) Such other economic and social factors as may be relevant to
such determination, having due regard to the legislative determinations
set forth in NRS 548.095 to 548.110
, inclusive.
[Part 5:212:1937; A 1947, 431; 1951, 190]—(NRS A 1973, 748; 1975,
901)
After 6 months shall have expired from the date of entry of a
determination by the State Conservation Commission that operation of a
proposed district is not administratively practicable and feasible, and
denial of a petition pursuant to such determination, subsequent petitions
may be filed and action taken thereon in accordance with the provisions
of this chapter.
[Part 5:212:1937; A 1947, 431; 1951, 190]—(NRS A 1973, 748)
1. If the Commission determines that the operation of the proposed
district within the defined boundaries is administratively practicable
and feasible, the Commission shall appoint five supervisors to act as the
governing body of the district until the time of the election of five
supervisors by the qualified electors of the district, at which time such
appointments shall be terminated. The number of supervisors elected to
2-year and 4-year terms shall correspond to the respective numbers so
elected in all other districts at that particular election.
2. The five supervisors appointed by the Commission shall be
persons who are by training and experience qualified to perform the
specialized, skilled services which will be required of them in the
performance of their duties hereunder.
[Part 5:212:1937; A 1947, 431; 1951, 190] + [Part 7:212:1937; A
1945, 28; 1947, 431; 1951, 190]—(NRS A 1973, 749; 1975, 902)
The district shall be a
governmental subdivision of this State and a public body corporate and
politic upon the taking of the proceedings designated in NRS 548.235
and 548.240 .
[Part 5:212:1937; A 1947, 431; 1951, 190]
1. The five appointed supervisors shall present to the
Administrative Officer of the Division an application signed by them,
which states:
(a) That a petition for the creation of the district was filed with
the Commission pursuant to the provisions of this chapter, and that the
proceedings specified in this chapter were taken pursuant to that
petition.
(b) That the application is being filed in order to complete the
organization of the district as a governmental subdivision and a public
body, corporate and politic, under this chapter.
(c) That the Commission has appointed them as supervisors.
(d) The name and official residence of each of the supervisors,
together with a certified copy of the appointments evidencing their right
to office.
(e) The term of office of each of the supervisors.
(f) The name which is proposed for the district.
(g) The location of the principal office of the supervisors of the
district.
2. The application must be subscribed and sworn to by each of the
supervisors before a person authorized to take and certify oaths, who
shall certify upon the application that he personally knows the
supervisors and knows them to be the officers as affirmed in the
application, and that each has subscribed thereto in the officer’s
presence.
3. The application must be accompanied by a statement by the
Commission:
(a) That a petition was filed, notice issued and hearing held as
required by this chapter.
(b) That the Commission did determine that there is need, in the
interest of the public health, safety and welfare, for a conservation
district to function in the proposed territory and did define the
township or townships to be included.
(c) That notice was given and a referendum held on the question of
the creation of such a district, and that a majority of the votes cast in
such referendum were in favor of the creation of the district.
(d) That thereafter the Commission did determine that the operation
of the proposed district is administratively practicable and feasible.
4. The statement must set forth the township or townships to be
included.
[Part 5:212:1937; A 1947, 431; 1951, 190]—(NRS A 1973, 749; 1975,
902; 1985, 779)
1. The Administrative Officer of the Division shall examine the
application and statement, and if he finds that the name proposed for the
district is not identical with that of any other conservation district of
this State or so nearly similar as to lead to confusion or uncertainty,
he shall record them in an appropriate book of record in his office.
2. If he finds that the name proposed for the district is
identical with that of any other conservation district of this State, or
so nearly similar as to lead to confusion and uncertainty, he shall
notify the Commission. The Commission shall thereupon submit a new name
for the district. Upon receipt of a new name, free of such defects, he
shall record the application and statement, with the name so modified, in
an appropriate book of record in his office.
3. When the application and statement have been recorded, the
district becomes a governmental subdivision of this State and a public
body corporate and politic.
4. The Administrative Officer of the Division shall make and issue
to the supervisors a certificate, over his signature, of the organization
of the district.
5. The boundaries of the district must include the territory
determined by the Commission, but must not include any area included
within the boundaries of another conservation district organized under
the provisions of this chapter.
[Part 5:212:1937; A 1947, 431; 1951, 190]—(NRS A 1973, 750; 1985,
780)
1. In any suit, action or proceeding involving the validity or
enforcement of, or relating to, any contract, proceeding or action of the
district, the district shall be deemed to have been established in
accordance with the provisions of this chapter upon proof of the issuance
of the certificate by the Administrative Officer of the Division.
2. A copy of such a certificate issued by the Administrative
Officer of the Division is admissible in evidence in any such suit,
action or proceeding and is proof of the contents thereof.
[Part 5:212:1937; A 1947, 431; 1951, 190]—(NRS A 1985, 780)
Election of First Supervisors After Organization
1. Within 30 days after the date of issuance by the Administrative
Officer of the Division of a certificate of organization of a
conservation district, nominating petitions may be filed with the
Commission to nominate candidates for supervisors at large of the
district.
2. The Commission may extend the time within which nominating
petitions may be filed.
3. No nominating petition may be accepted by the Commission unless
it is subscribed by three or more registered voters residing within the
district.
4. Registered voters of the district may sign more than one
nominating petition to nominate more than one candidate for supervisor.
[Part 6:212:1937; A 1945, 28; 1947, 431; 1951, 190]—(NRS A 1973,
750; 1975, 903; 1985, 781)
The Commission shall give due
notice of an election to be held for the election of five supervisors for
the district.
[Part 6:212:1937; A 1945, 28; 1947, 431; 1951, 190]—(NRS A 1973,
751)
The names of all nominees on behalf of whom such nominating petitions
have been filed within the time designated in NRS 548.250 shall be printed, arranged in alphabetical
order of the surnames, upon ballots, with a square before each name and a
direction to insert an X mark in the square before any five names to
indicate the voter’s preference.
[Part 6:212:1937; A 1945, 28; 1947, 431; 1951, 190]
All registered
voters residing within the district are eligible to vote in such election.
[Part 6:212:1937; A 1945, 28; 1947, 431; 1951, 190]—(NRS A 1973,
751; 1975, 903)
The Commission shall:
1. Supervise the conduct of such election.
2. Prescribe regulations governing the conduct of such election.
3. Publish the results thereof.
[Part 6:212:1937; A 1945, 28; 1947, 431; 1951, 190]—(NRS A 1973,
751; 1975, 903)
1. In the election held in 1976, two terms of 4 years each and
three terms of 2 years each shall be allocated among the candidates in
descending order of number of votes received.
2. Supervisors who receive an equal number of votes shall draw
lots to determine their terms.
3. After that election, supervisors shall be elected for terms of
4 years.
[Part 6:212:1937; A 1945, 28; 1947, 431; 1951, 190]—(NRS A 1973,
751; 1975, 903)
Supervisors
Each district shall be governed by a board consisting of
five supervisors elected at large and one or two appointed supervisors,
as provided in this chapter.
[Part 7:212:1937; A 1945, 28; 1947, 431; 1951, 190]—(NRS A 1973,
751)
1. The governing bodies of any incorporated cities located within
the boundaries of the district shall appoint a representative to
represent them as a supervisor on the governing board of the district.
2. If the cities cannot agree on one representative to serve as a
supervisor, the Commission shall choose the representative from the
nominees proposed by the cities.
3. The governing bodies of any counties located within the
boundaries of the district shall appoint a representative to represent
them as a supervisor on the governing board of the district.
4. If the counties cannot agree on one representative to serve as
a supervisor, the Commission shall choose the representative from the
nominees proposed by the several counties.
5. Each representative of a city or county shall designate an
alternate to replace him in his absence from meetings of the supervisors
of the district. The representative shall send a written notice to the
authority which appointed him containing the name and address of the
person so designated. The notice must be sent in such a manner that it
will be received before the date of the meeting which the alternate is to
attend. An alternate has all of the duties, rights and privileges of the
replaced representative.
(Added to NRS by 1973, 738; A 1987, 131)
1. The county clerk of the county in which a conservation district
is situated, or his designee, shall conduct a biennial nonpartisan
election for the replacement of any supervisors whose terms are about to
expire and shall pay all costs of that election from county funds.
2. The election must be held either at a mass meeting of electors,
held in a centrally located public meeting place within the district, or
as part of the general election.
3. If a mass meeting is held for the election, it must be held on
one of the first 10 days of November in each even-numbered year.
4. If the election is held at a mass meeting:
(a) The chairman of the district supervisors shall preside at this
meeting and the secretary of the district shall keep a record of
transactions at the meeting.
(b) Nominations of candidates must be made verbally from the floor.
(c) Voting must be by secret ballot. The chairman of the district
supervisors shall appoint three electors present to act, without pay, as
judges and tellers to count the votes at the conclusion of voting.
5. If the election is held as part of the general election:
(a) Candidates are bound by the election laws governing county
elections.
(b) Ballots must be provided bearing the names of candidates in
alphabetical order by surnames with a square before each name and a
direction to insert an X mark in the square before the name or names of
the voter’s choice.
(c) At the close of polling, the sealed ballot boxes must be
delivered unopened to the county clerk or his designee, who shall appoint
three electors to act, without pay, as judges and tellers to open the
boxes and count the votes.
6. The result of the election must be certified to the Commission
and to the Administrative Officer of the Division by the county clerk or
his designee, within 1 week following the date of election.
7. If a conservation district embodies land lying in more than one
county, the county clerks of the respective counties shall confer and
delegate to the clerk of the county having the greatest number of
qualified electors of the conservation district the duty of carrying out
the provisions of this section and shall reimburse that county on a pro
rata basis for their respective counties’ shares of the expenses of
conducting the election.
[Part 7:212:1937; A 1945, 28; 1947, 431; 1951, 190]—(NRS A 1957,
235; 1973, 751; 1975, 904; 1985, 781)
1. Each supervisor who is appointed under the provisions of NRS
548.283 shall serve for a term of 2
years.
2. Elected supervisors shall take office on the 1st Monday in
January following their election.
[Part 7:212:1937; A 1945, 28; 1947, 431; 1951, 190]—(NRS A 1973,
753; 1975, 905)
1. A vacancy in the office of supervisor of a district must be
filled for the unexpired term as soon as practicable after the office
becomes vacant, by appointment by the remaining supervisors of the
district.
2. The chairman of the governing body of a district shall certify
all such appointments immediately to the Commission and to the
Administrative Officer of the Division.
[Part 7:212:1937; A 1945, 28; 1947, 431; 1951, 190]—(NRS A 1973,
753; 1985, 782; 2001, 288 )
A supervisor may be removed by
the State Conservation Commission, upon notice and hearing, for
malfeasance in office, neglect of duty or absence from four consecutive
meetings without sufficient cause.
[Part 7:212:1937; A 1945, 28; 1947, 431; 1951, 190]—(NRS A 1973,
753; 1987, 131)
A majority of the supervisors constitutes a
quorum, and except as otherwise provided in NRS 241.0355 , the concurrence of a majority of the quorum
in any matter within their duties is required for their determination.
[Part 7:212:1937; A 1945, 28; 1947, 431; 1951, 190]—(NRS A 1973,
753; 2001, 1129 )
A supervisor shall receive
no compensation for his services, but he shall be entitled to expenses,
including traveling expenses, necessarily incurred in the discharge of
his duties, not to exceed amounts provided by law for county officials.
[Part 7:212:1937; A 1945, 28; 1947, 431; 1951, 190]—(NRS A 1973,
753)
1. The supervisors shall designate a chairman and may, from time
to time, change such designation.
2. The supervisors may employ a secretary, technical experts, and
such other officers, agents and employees, permanent and temporary, as
they may require, and shall determine their qualifications, duties and
compensation.
3. The supervisors may delegate to their chairman, to one or more
supervisors, or to one or more agents or employees such powers and duties
as they may deem proper.
4. The supervisors may provide for the execution of surety bonds
for all employees and officers who shall be entrusted with funds or
property.
[Part 7:212:1937; A 1945, 28; 1947, 431; 1951, 190]—(NRS A 1973,
754)
The supervisors
shall:
1. Provide for the keeping of a full and accurate record of all
proceedings and of all resolutions, regulations and orders issued or
adopted.
2. Provide for an annual audit of the accounts of receipts and
disbursements.
[Part 7:212:1937; A 1945, 28; 1947, 431; 1951, 190]
District attorneys shall provide such legal services as the supervisors
may require.
[Part 7:212:1937; A 1945, 28; 1947, 431; 1951, 190]—(NRS A 1973,
754)
The
supervisors shall furnish to the State Conservation Commission, upon
request:
1. Copies of such ordinances, rules, regulations, orders,
contracts, forms and other documents as they shall adopt or employ; and
2. Such other information concerning their activities as the
Commission may require in the performance of its duties under this
chapter.
[Part 7:212:1937; A 1945, 28; 1947, 431; 1951, 190]—(NRS A 1973,
754)
The supervisors may invite the legislative body of any
municipality or county located near the territory comprising the district
to designate a representative to advise and consult with the supervisors
of the district on all questions of program and policy which may affect
the property, water supply or other interests of such municipality or
county.
[Part 7:212:1937; A 1945, 28; 1947, 431; 1951, 190]
Powers of Districts and Supervisors
A conservation district organized under the
provisions of this chapter shall constitute a governmental subdivision of
this State and a public body corporate and politic, exercising public
powers.
[Part 8:212:1937; 1931 NCL § 6870.08]—(NRS A 1973, 754)
In addition to
other powers granted in this chapter, a district and the supervisors
thereof shall have the power to conduct surveys, investigations and
research relating to the conservation of renewable natural resources and
the preventive and control measures needed, to publish the results of
such surveys, investigations or research, and to disseminate information
concerning such preventive and control measures; but in order to avoid
duplication of research activities, no district shall initiate any
research program except in cooperation with the government of this State
or any of its agencies, or with the United States or any of its agencies.
[Part 8:212:1937; 1931 NCL § 6870.08]—(NRS A 1973, 754)
In addition to other powers
granted in this chapter, a district and the supervisors thereof shall
have the power to conduct demonstrational projects within the district on
lands owned or controlled by this State or any of its agencies, with the
cooperation of the agency administering and having jurisdiction thereof,
and on any other lands within the district, upon obtaining the consent of
the occupier of such lands or the necessary rights or interests in such
lands, in order to demonstrate by example the means, methods and measures
by which renewable natural resources may be conserved.
[Part 8:212:1937; 1931 NCL § 6870.08]—(NRS A 1973, 754)
In addition to other powers granted in this
chapter, a district and the supervisors thereof may:
1. Carry out preventive and control measures within the district,
including, but not limited to, engineering operations, methods of
cultivation, the growing of vegetation and changes in the use of land; and
2. Repair and restore property within the district, including, but
not limited to, wetlands, stream corridors and other riparian property,
Ê on land owned or controlled by any government or municipal corporation,
with the cooperation of the agency administering and having jurisdiction
thereof, and on any other land within the district, upon obtaining the
consent of all persons holding any relevant rights or interests in such
land.
[Part 8:212:1937; 1931 NCL § 6870.08]—(NRS A 1973, 755; 2001, 288
)
In addition to other powers
granted in this chapter, a district and the supervisors thereof may
cooperate or enter into agreements with and, within the limits of
appropriations made available to it by law and any money it acquires from
any other source, furnish financial or other aid to any governmental or
other agency, or any occupier of land within the district, in conserving
renewable natural resources within the district, subject to such
conditions as the supervisors may deem necessary to advance the purposes
of this chapter.
[Part 8:212:1937; 1931 NCL § 6870.08]—(NRS A 1973, 755; 2001, 288
)
In addition to other powers granted in
this chapter, a district and the supervisors thereof shall have the power
to make available, on such terms as it shall prescribe, to land occupiers
within the district, agricultural and engineering machinery and
equipment, fertilizer, seeds and seedlings, and such other material or
equipment as will assist such land occupiers in carrying on operations
upon their lands for the conservation of renewable natural resources.
[Part 8:212:1937; 1931 NCL § 6870.08]—(NRS A 1973, 755)
In addition to other powers granted in this chapter, a
district and the supervisors thereof shall have the power to construct,
operate, improve and maintain such facilities and structures as may be
necessary or convenient for the performance of any of the operations
authorized in this chapter.
[Part 8:212:1937; 1931 NCL § 6870.08]—(NRS A 1973, 755)
In addition to
other powers granted in this chapter, a district and the supervisors
thereof shall have the power:
1. To develop comprehensive plans for the conservation of
renewable natural resources within the district, which plans shall
specify in such detail as may be possible the acts, procedures,
performances, and avoidances which are necessary or desirable for the
effectuation of such plans, including the specification of engineering
operations, methods of cultivation, the growing of vegetation, cropping
programs, tillage practices, and changes in the use of land; and
2. To publish such plans and information and bring them to the
attention of occupiers of lands within the district.
[Part 8:212:1937; 1931 NCL § 6870.08]—(NRS A 1973, 755)
In
addition to other powers granted in this chapter, a district and the
supervisors thereof may:
1. Manage or administer any project for the conservation of a
renewable natural resource located within its boundaries undertaken by
any person, municipal corporation or government.
2. Act as an agent of any person, municipal corporation or
government in connection with the acquisition, construction, operation or
administration of any project for the conservation of a renewable natural
resource within its boundaries.
3. Accept donations, gifts and contributions in money, services,
materials or any other form from any source, and use or expend such
money, services, materials or other contributions in carrying on its
operations.
4. Participate in cost-sharing on federally financed projects.
[Part 8:212:1937; 1931 NCL § 6870.08]—(NRS A 1973, 756; 2001, 289
)
In
addition to other powers granted in this chapter, a district and the
supervisors thereof shall have the power:
1. To sue and be sued in the name of the district.
2. To have a seal, which seal shall be judicially noticed.
3. To have perpetual succession, unless terminated as provided in
this chapter.
4. To make and execute contracts and other instruments necessary
or convenient to the exercise of its powers.
5. To make, and from time to time amend and repeal, rules and
regulations not inconsistent with this chapter, to carry into effect its
purposes and powers.
[Part 8:212:1937; 1931 NCL § 6870.08]
As a condition to the extending of
any benefits under this chapter to, or the performance of work upon, any
lands not owned or controlled by this State or any of its agencies, the
supervisors may require contributions in money, services, materials or
otherwise to any operations conferring such benefits, and may require
land occupiers to enter into and perform such agreements or covenants as
to the permanent use of such lands as will tend to prevent or control
erosion thereon.
[Part 8:212:1937; 1931 NCL § 6870.08]
In addition to other powers granted in this chapter, a
district and the supervisors thereof may, in furtherance of the purposes
and provisions of this chapter:
1. Obtain options upon and acquire, by purchase, exchange, lease,
gift, grant, bequest, devise or otherwise, except by adverse possession,
any property, real or personal, or rights or interests therein;
2. Maintain, administer and improve any properties acquired;
3. Receive income from such properties and expend that income; and
4. Sell, lease or otherwise dispose of any of its property or
interests therein.
(Added to NRS by 2003, 1682 )
No provisions with respect to the acquisition, operation
or disposition of property by other public bodies shall be applicable to
a district organized under this chapter unless the Legislature shall
specifically so state.
[Part 8:212:1937; 1931 NCL § 6870.08]
1. If a district acquires real property on or after July 1, 2003,
which is not exempt from property taxes at the time it is acquired by the
district, the board of county commissioners of the county in which the
property is located shall determine whether the district is required to
make payments in lieu of taxes on the property.
2. In determining whether to require the district to make payments
in lieu of taxes, the board shall consider the contributions made by the
district to the community, such as providing a meeting place for
community activities and such other factors as the board determines
appropriate.
3. If the district is required to make payments in lieu of taxes,
the amount of the payments must be equal to the property taxes which
would have been payable on the property if it were not exempt from
taxation. The county assessor of the county in which the property is
located shall, solely for the purpose of facilitating the payments in
lieu of taxes, assess the property in the same manner as the taxable
property in the county is assessed. The ex officio tax receiver of that
county shall mail to the district an individual bill for the payment in
lieu of taxes in the same manner as is required by NRS 361.480 for an individual tax bill.
4. The payments in lieu of taxes are due at the same time and must
be collected, accounted for and distributed in the same manner as if the
property remained taxable after it was acquired by the district, except
that no lien attaches upon any property or money of the district by
virtue of any failure to make all or any part of the payments.
(Added to NRS by 2003, 1683 )
1. The supervisors of any two or more districts organized under
the provisions of this chapter may cooperate with and enter into
agreements with one another in the exercise of any or all powers
conferred in this chapter.
2. Any district may enter into such agreements with a district or
districts in adjoining states to carry out such purposes if the law in
the other states permits the districts in the states to enter into the
agreements.
[13:212:1937; 1931 NCL § 6870.13]—(NRS A 1973, 756)
1. Agencies of this State which shall have jurisdiction over, or
be charged with the administration of, any state-owned lands, and
agencies of any county or other governmental subdivision of the State
which shall have jurisdiction over, or be charged with the administration
of, any county-owned or other publicly owned lands, lying within the
boundaries of any district organized under this chapter, shall cooperate
to the fullest extent with the supervisors of such districts in the
effectuation of programs and operations undertaken by the supervisors
under the provisions of this chapter.
2. The supervisors of such districts shall be given free access to
enter and perform work upon such publicly owned lands.
3. The provisions of land use regulations adopted pursuant to NRS
548.410 to 548.435 , inclusive, shall have the force and effect of
law over all such publicly owned lands, and shall be in all respects
observed by the agencies administering such lands.
[14:212:1937; 1931 NCL § 6870.14]
Regulations for Use of Land; Board of Adjustment
1. The supervisors of any district may file petitions with the
State Conservation Commission at any time to request it to formulate land
use regulations applicable to the district.
2. The Commission shall prescribe the form of the petition, which
shall be, as nearly as practicable, in the form prescribed in this
chapter for petitions to organize a district.
3. The State Conservation Commission shall have authority to
formulate regulations, based upon the petition, governing the use of
lands within a district in the interest of conserving renewable natural
resources and preventing and controlling soil erosion and sedimentation.
4. The Commission shall conduct, after due notice, public meetings
and public hearings within the district or districts concerned upon such
regulations as it deems necessary to assist it in consideration thereof.
5. The Commission shall determine, on the basis of information
presented in the petition or brought out in public hearings, and on the
basis of the number of petitioners in relation to the total number of
occupiers of land lying within the district, whether it can render a
reasonable determination of approval or denial of the petition without
holding a referendum, or whether a referendum shall be held.
[Part 9:212:1937; 1931 NCL § 6870.09]—(NRS A 1973, 756)
If a referendum is
to be held:
1. The proposed regulations shall be embodied in a proposed
ordinance.
2. Copies of such proposed ordinance shall be available for the
inspection of all eligible voters during the period between publication
of such notice and the date of the referendum.
3. The notices of the referendum shall recite the contents of such
proposed ordinance, or shall state where copies of such proposed
ordinance can be examined.
4. The question shall be submitted by ballots, upon which the
words “For approval of proposed ordinance No. ........, prescribing land
use regulations for conservation of soil and prevention of erosion” and
“Against approval of proposed ordinance No. ........, prescribing land
use regulations for conservation of soil and prevention of erosion” shall
be printed, with a square before each proposition and a direction to
insert an X mark in the square before one or the other of the
propositions as the voter may favor or oppose approval of such proposed
ordinance.
5. The Commission shall supervise such referendum, shall prescribe
appropriate regulations governing the conduct thereof, and shall publish
the result thereof.
6. All persons determined by the county clerk or clerks to be
registered voters residing within the district are eligible to vote in
such referendum.
7. No informalities in the conduct of such referendum or in any
matters relating thereto invalidate the referendum or the result thereof
if notice thereof was given substantially as provided in this chapter and
the referendum was fairly conducted.
[Part 9:212:1937; 1931 NCL § 6870.09]—(NRS A 1973, 757; 1975, 905)
1. The Commission shall not have authority to enact such proposed
ordinance into law unless at least a majority of the votes cast in such
referendum shall have been cast for approval of the proposed ordinance.
2. The approval of the proposed ordinance by a majority of the
votes cast in such referendum shall not be deemed to require the
Commission to enact such proposed ordinance into law.
3. Land use regulations prescribed in ordinances adopted pursuant
to the provisions of NRS 548.410 to
548.435 , inclusive, by the Commission
shall have the force and effect of law in the conservation district and
shall be binding and obligatory upon all occupiers of lands within such
district.
[Part 9:212:1937; 1931 NCL § 6870.09]—(NRS A 1973, 758)
1. Any occupier of land within such district may at any time file
a petition with the Commission asking that any or all of the land use
regulations prescribed in any ordinance adopted by the Commission under
the provisions of NRS 548.410 to
548.435 , inclusive, shall be amended,
supplemented or repealed.
2. Land use regulations prescribed in any ordinance adopted
pursuant to the provisions of NRS 548.410 to 548.435 ,
inclusive, shall not be amended, supplemented or repealed except in
accordance with the procedure prescribed in NRS 548.410 to 548.435 ,
inclusive, for adoption of land use regulations.
3. Referenda on adoption, amendment, supplementation or repeal of
land use regulations shall not be held more often than once in 6 months.
[Part 9:212:1937; 1931 NCL § 6870.09]—(NRS A 1973, 758)
The regulations to be adopted
by the Commission under the provisions of NRS 548.410 to 548.435 ,
inclusive, may include:
1. Provisions requiring the carrying out of necessary engineering
operations, including the construction of terraces, terrace outlets,
check dikes, dams, ponds, ditches and other necessary structures.
2. Provisions requiring observance of particular methods of
cultivation, including contour cultivating, contour furrowing, lister
furrowing, sowing, planting, strip cropping, seeding, and planting of
lands to water-conserving and erosion-preventing plants, trees and
grasses, forestation, and reforestation.
3. Specifications of cropping programs and tillage practices to be
observed.
4. Provisions requiring the retirement from cultivation of highly
erosive areas or of areas on which erosion may not be adequately
controlled if cultivation is carried on.
5. Provisions for such other means, measures, operations, and
programs as may assist conservation of renewable natural resources and
prevent or control soil erosion and sedimentation in the conservation
district, having due regard to the legislative findings set forth in NRS
548.095 to 548.110 , inclusive.
[Part 9:212:1937; 1931 NCL § 6870.09]—(NRS A 1973, 758)
1. The regulations shall be uniform throughout the territory
comprising the land use district, except that the Commission may classify
the lands within the district with reference to such factors as soil
type, degree of slope, degree of erosion threatened or existing, cropping
and tillage practices in use, and other relevant factors, and may provide
regulations varying with the type or class of land affected, but uniform
as to all lands within each class or type.
2. Copies of land use regulations adopted under the provisions of
NRS 548.410 to 548.435 , inclusive, shall be printed and made
available to all occupiers of lands lying within the district.
[Part 9:212:1937; 1931 NCL § 6870.09]—(NRS A 1973, 758)
1. The Commission or supervisors shall have authority to go upon
any lands within the land use district to determine whether land use
regulations adopted under the provisions of NRS 548.410 to 548.435 ,
inclusive, are being observed.
2. The Commission is authorized to provide by ordinance that any
land occupier who shall sustain damages from any violation of such
regulations by any other land occupier may recover damages at law from
such other land occupier for such violation.
[10:212:1937; 1931 NCL § 6870.10]—(NRS A 1967, 611; 1973, 759)
1. Where the Commission shall find that any of the provisions of
land use regulations prescribed in an ordinance adopted in accordance
with the provisions of NRS 548.410 to
548.435 , inclusive, are not being
observed on particular lands, and that such nonobservance tends to
increase erosion on other lands and is interfering with the prevention or
control of erosion on other lands within a land use district, the
Commission may present to the district court having jurisdiction a
petition, duly verified:
(a) Setting forth the adoption of the ordinance prescribing land
use regulations, the failure of the defendant land occupier to observe
such regulations, and to perform particular work, operations or
avoidances as required thereby, and that such nonobservance tends to
increase erosion on such lands and is interfering with the prevention or
control of erosion on other lands within the land use district; and
(b) Praying the court to require the defendant to perform the work,
operations or avoidances within a reasonable time and to order that, if
the defendant shall fail so to perform, the Commission may go on the
land, perform the work or other operations or otherwise bring the
condition of such lands into conformity with the requirements of such
regulations, and recover the costs and expenses thereof, with interest,
from the occupier of such land.
2. In all cases where the person, in possession of lands, who
shall fail to perform such work, operations or avoidances shall not be
the owner, the owner of such lands shall be joined as a party defendant.
[Part 11:212:1937; 1931 NCL § 6870.11]—(NRS A 1973, 759)
1. Upon the presentation of the petition, the court shall cause
process to be issued against the defendant, and shall hear the case.
2. If it shall appear to the court that testimony is necessary for
the proper disposition of the matter, the court may take evidence or
appoint a master to take such evidence as it may direct and report the
same to the court with his findings of fact and conclusions of law, which
shall constitute a part of the proceedings upon which the determination
of the court shall be made.
3. The court may dismiss the petition; or it may require the
defendant to perform the work, operations or avoidances, and may provide
that upon the failure of the defendant to initiate such performance
within the time specified in the order of the court, and to prosecute the
same to completion with reasonable diligence, the Commission may enter
upon the lands involved and perform the work or operations or otherwise
bring the condition of such lands into conformity with the requirements
of the regulations and recover the costs and expenses thereof, with
interest at the rate of 5 percent per annum, from the occupier of such
lands.
[Part 11:212:1937; 1931 NCL § 6870.11]—(NRS A 1973, 759)
1. The court shall retain jurisdiction of the case until after the
work has been completed.
2. Upon completion of such work pursuant to such order of the
court, the Commission may file a petition with the court, a copy of which
shall be served upon the defendant in the case, stating the costs and
expenses sustained by them in the performance of the work and praying
judgment therefor with interest.
3. The court shall have jurisdiction to enter judgment for the
amount of such costs and expenses, with interest at the rate of 5 percent
per annum until paid, together with the costs of suit, including a
reasonable attorney’s fee to be fixed by the court.
4. The Commission shall have further authority to certify to the
county recorder of the county or counties in which any of the lands of
the land use district are situated the amount of such judgment, which
shall be a lien upon such lands, and shall be collected as general taxes
upon real property are collected. The procedure for collection of
delinquent general taxes upon real property shall be applicable to the
collection of such judgments. When such judgment shall be paid or
collected, the proceeds shall be paid over to the commission.
[Part 11:212:1937; 1931 NCL § 6870.11]—(NRS A 1973, 760)
Where the
Commission shall adopt an ordinance prescribing land use regulations in
accordance with the provisions of NRS 548.410 to 548.435 ,
inclusive, they shall further provide by ordinance for the establishment
of a board of adjustment.
[Part 12:212:1937; 1931 NCL § 6870.12]—(NRS A 1973, 760)
1. The board of adjustment shall consist of three members
appointed by the State Conservation Commission, with the advice and
approval of the supervisors of the district or districts for which the
board has been established.
2. Each member shall be appointed for a term of 3 years, except
that the members first appointed shall be appointed for terms of 1, 2 and
3 years, respectively.
3. Members of the State Conservation Commission and the
supervisors of the district or districts shall be ineligible to
appointment as members of the board of adjustment during their tenure of
such other office.
[Part 12:212:1937; 1931 NCL § 6870.12]—(NRS A 1973, 760)
Vacancies in the
board of adjustment shall be filled in the same manner as original
appointments, and shall be for the unexpired term of the member whose
office becomes vacant.
[Part 12:212:1937; 1931 NCL § 6870.12]
A member of
the board of adjustment shall be removed from office, upon notice and
hearing, for neglect of duty or malfeasance in office, but for no other
reason. The hearing shall be conducted jointly by the State Conservation
Commission and the supervisors of the district or districts.
[Part 12:212:1937; 1931 NCL § 6870.12]—(NRS A 1973, 761)
1. The members of the board of adjustment are entitled to receive
a salary of not more than $80 per day, as fixed by the board, for time
spent on the work of the board of adjustment.
2. While engaged in the business of the board, each member and
employee of the board is entitled to receive the per diem allowance and
travel expenses provided for state officers and employees generally.
[Part 12:212:1937; 1931 NCL § 6870.12]—(NRS A 1973, 761; 1989, 1719)
1. The board of adjustment shall designate a chairman from among
its members, and may, from time to time, change such designation.
2. The chairman or, in his absence, such other member of the board
as he may designate to serve as acting chairman may administer oaths and
compel the attendance of witnesses.
[Part 12:212:1937; 1931 NCL § 6870.12]
1. Meetings of the board of adjustment shall be held at the call
of the chairman and at such other times as the board may determine. All
meetings of the board shall be open to the public.
2. Any two members of the board shall constitute a quorum.
[Part 12:212:1937; 1931 NCL § 6870.12]
1. The board of adjustment shall adopt rules to govern its
procedures, which rules shall be in accordance with the provisions of
this chapter and with the provisions of any ordinance adopted pursuant to
NRS 548.460 .
2. The board shall keep a full and accurate record of all
proceedings, of all documents filed with it, and of all orders entered,
which shall be filed in the office of the board and shall be a public
record.
[Part 12:212:1937; 1931 NCL § 6870.12]
The
Commission shall pay the necessary administrative and other expenses of
operation incurred by the board of adjustment, upon the certificate of
the chairman of the board.
[Part 12:212:1937; 1931 NCL § 6870.12]—(NRS A 1973, 761)
1. Any land occupier may file a petition with the board of
adjustment alleging that there are great practical difficulties or
unnecessary hardship in the way of his carrying out upon his lands the
strict letter of the land use regulations prescribed by ordinance
approved by the Commission, and praying the board of adjustment to
authorize a variance from the terms of the land use regulations in the
application of such regulations to the lands occupied by the petitioner.
2. Copies of such petition shall be served by the petitioner upon
the Chairman of the State Conservation Commission.
3. The board of adjustment shall fix a time for the hearing of the
petition and cause due notice of such hearing to be given.
4. The supervisors of the district or districts and the State
Conservation Commission shall have the right to appear and be heard at
the hearing.
5. Any occupier of lands lying within the district who shall
object to the authorizing of the variance prayed for may intervene and
become a party to the proceedings. Any party to the hearing before the
board of adjustment may appear in person, by agent or by attorney.
6. If, upon the facts presented at the hearing, the board of
adjustment shall determine that there are great practical difficulties or
unnecessary hardship in the way of applying the strict letter of any of
the land use regulations upon the lands of the petitioner, the board
shall make and record such determination and shall make and record
findings of fact as to the specific conditions which establish such great
practical difficulties or unnecessary hardship.
7. Upon the basis of such findings and determination, the board
shall have power by order to authorize such variance from the terms of
the land use regulations, in their application to the lands of the
petitioner, as will relieve such great practical difficulties or
unnecessary hardship and will not be contrary to the public interest, and
so that the spirit of the land use regulations shall be observed, the
public health, safety and welfare secured, and substantial justice done.
[Part 12:212:1937; 1931 NCL § 6870.12]—(NRS A 1973, 761)
1. Any petitioner aggrieved by an order of the board of adjustment
granting or denying, in whole or in part, the relief sought, the
supervisors of the district or districts, the Commission or any
intervening party may obtain a review of such order in district court, by
filing in such court a petition praying that the order of the board of
adjustment be modified or set aside.
2. A copy of such petition shall forthwith be served upon the
parties to the hearing before the board of adjustment, and thereupon the
party seeking review shall file in the court a transcript of the entire
record in the proceedings, certified by the board of adjustment,
including the documents and testimony upon which the order complained of
was entered, and the findings, determination and order of the board of
adjustment.
3. Upon such filing, the court shall cause notice thereof to be
served upon the parties and shall have jurisdiction of the proceedings
and of the questions determined or to be determined therein, and shall
have power to grant such temporary relief as it deems just and proper,
and to make and enter a decree enforcing, modifying and enforcing as so
modified, or setting aside, in whole or in part, the order of the board
of adjustment.
4. No contention that has not been urged before the board of
adjustment shall be considered by the court unless the failure or neglect
to urge such contention shall be excused because of extraordinary
circumstances.
5. The findings of the board of adjustment as to the facts, if
supported by evidence, shall be conclusive.
6. If any party shall apply to the court for leave to produce
additional evidence and shall show to the satisfaction of the court that
such evidence is material and that there were reasonable grounds for the
failure to produce such evidence in the hearing before the board of
adjustment, the court may order such additional evidence to be taken
before the board of adjustment and to be made a part of the transcript.
The board of adjustment may modify its findings as to the facts or make
new findings, taking into consideration the additional evidence so taken
and filed, and the board of adjustment shall file such modified or new
findings, which, if supported by evidence, shall be conclusive, and shall
file with the court its recommendations, if any, for the modification or
setting aside of its original order.
7. The jurisdiction of the court shall be exclusive and its
judgment and decree shall be final, except that the same shall be subject
to review in the same manner as are other judgments or decrees of the
court.
[Part 12:212:1937; 1931 NCL § 6870.12]—(NRS A 1973, 762)
Inclusion and Exclusion of Lands
1. Petitions for including additional territory within an existing
district shall be filed with the State Conservation Commission.
2. The proceedings provided for in this chapter in the case of
petitions to organize a district shall be observed in the case of
petitions for inclusion, except that the application for a certificate of
inclusion shall be signed by the chairman and the secretary of the
governing body of the district into which the additional territory is to
be included.
3. The State Conservation Commission shall prescribe the form for
the petitions, which shall be, as nearly as practicable, in the form
prescribed in this chapter for petitions to organize a district.
4. Where the total number of land occupiers in the area proposed
for inclusion shall be less than 25, the petition may be filed when
signed by a majority of the occupiers of such area, and in such case no
referendum need be held.
5. In referenda upon petitions for inclusion, all occupiers of
land lying within the proposed additional area shall be eligible to vote.
6. The Commission shall determine whether or not such inclusion
shall be made.
[Part 5:212:1937; A 1947, 431; 1951, 190]—(NRS A 1973, 763)
1. Petitions to withdraw lands from a district may be filed with
the State Conservation Commission at any time.
2. The Commission shall prescribe the form of the petition, which
shall be, as nearly as practicable, in the form prescribed in this
chapter for petitions to organize a district.
3. Where the total number of land occupiers in the area affected
by a proposed withdrawal will be less than 25, the petition may be filed
when signed by a majority of the occupiers of such area, and in such case
no referendum need be held.
4. In referenda upon petitions for withdrawal, all occupiers of
land lying within the area affected by the proposed change in boundary
shall be eligible to vote.
5. The Commission shall determine whether or not such withdrawal
shall be made.
[5.5:212:1937; added 1955, 154]—(NRS A 1960, 73; 1973, 763)
Dissolution
1. At any time after 5 years after the organization of a district
under the provisions of this chapter, any 10 occupiers of land lying
within the boundaries of such district may file a petition with the State
Conservation Commission praying that the operations of the district be
terminated and the existence of the district be discontinued.
2. The Commission may conduct such public meetings and public
hearings upon such petition as may be necessary to assist it in the
consideration thereof.
3. The Commission shall determine, on the basis of information
presented in the petition or brought out in public hearings and on the
basis of the number of petitioners in relation to the total number of
occupiers of land lying within the district, whether it can render a
reasonable determination of approval or denial of the petition without
holding a referendum, or whether a referendum shall be held.
[Part 15:212:1937; 1931 NCL § 6870.15]—(NRS A 1973, 764)
1. Within 60 days after a petition for discontinuance has been
received by the state conservation commission, it shall give due notice
of the holding of the referendum if one is to be held.
2. The Commission shall supervise the referendum and issue
appropriate regulations governing the conduct thereof.
3. The question shall be submitted by ballots upon which the words
“For terminating the existence of the ................ (name of the
conservation district to be here inserted)” and “Against terminating the
existence of the ............... (name of the conservation district to be
here inserted)” shall be printed, with a square before each proposition
and a direction to insert an X mark in the square before one or the other
of the propositions, as the voter may favor or oppose discontinuance of
such district.
4. All persons determined by the county clerk or clerks to be
registered voters residing within the district are eligible to vote in
such referendum.
5. No informalities in the conduct of such referendum or in any
matters relating thereto invalidate the referendum or the result thereof
if notice thereof was given substantially as provided in this chapter and
the referendum was fairly conducted.
6. The Commission shall publish the result of the referendum.
[Part 15:212:1937; 1931 NCL § 6870.15]—(NRS A 1973, 764; 1975, 906)
1. The Commission shall consider the information and facts
presented in the petition and brought out in any public hearings that may
be held and the result of the referendum if one is held, and shall
thereafter determine whether the continued operation of the district is
administratively practicable and feasible.
2. If the Commission determines that the continued operation of
such district is administratively practicable and feasible, the
Commission shall record such determination and deny the petition. The
Commission shall not determine that the continued operation of the
district is administratively practicable and feasible unless the number
of petitioners comprises less than a majority of the registered voters in
the district or unless at least a majority of the votes cast in the
referendum were cast in favor of the continuance of such district.
3. If the Commission determines that the continued operation of
the district is not administratively practicable and feasible, the
Commission shall record such determination and shall certify such
determination to the supervisors of the district.
4. In making such determination the Commission shall give due
regard and weight to:
(a) The attitudes of the occupiers of lands lying within the
district.
(b) The number of eligible registered voters who voted in the
referendum.
(c) The proportion of petitioners to the total number of land
occupiers in the district, and the proportion of the votes cast in favor
of the discontinuance of the district to the total number of votes cast.
(d) The approximate wealth and income of the land occupiers of the
district.
(e) The probable expense of carrying on erosion-control operations
within such district.
(f) Such other economic and social factors as may be relevant to
such determination, having due regard to the legislative findings as set
forth in NRS 548.095 to 548.110 , inclusive.
[Part 15:212:1937; 1931 NCL § 6870.15]—(NRS A 1973, 764; 1975, 906)
The State Conservation Commission shall not entertain
petitions for the discontinuance of any district, nor conduct referenda
upon such petitions, nor make any determination pursuant to such
petitions in accordance with the provisions of this chapter, more often
than once in 5 years.
[Part 15:212:1937; 1931 NCL § 6870.15]—(NRS A 1973, 765)
1. Upon receipt from the Commission of a certification that the
Commission has determined that the continued operation of the district is
not administratively practicable and feasible, pursuant to the provisions
of NRS 548.535 , the supervisors shall
forthwith proceed to terminate the affairs of the district.
2. The supervisors shall dispose of all property belonging to the
district at public auction and shall pay over the proceeds of the sale to
the State Treasurer for deposit in the State Treasury.
3. The supervisors shall thereupon file an application with the
Administrative Officer of the Division for the discontinuance of the
district, and shall transmit with the application the certificate of the
Commission setting forth the determination of the Commission that the
continued operation of the district is not administratively practicable
and feasible. The application must recite that the property of the
district has been disposed of and the proceeds paid over as provided in
this section, and must set forth a full accounting of those properties
and proceeds of the sale.
4. The Administrative Officer of the Division shall issue to the
supervisors a certificate of dissolution and shall record the certificate
in an appropriate book of records in his office.
[Part 15:212:1937; 1931 NCL § 6870.15]—(NRS A 1973, 765; 1985, 782)
1. Upon the issuance of a certificate of dissolution under the
provisions of NRS 548.545 , all
ordinances and regulations theretofore adopted and in force within such
district shall be of no further force and effect.
2. All contracts theretofore entered into, to which the district
or supervisors are parties, shall remain in force and effect for the
period provided in such contracts. The State Conservation Commission
shall be substituted for the district or supervisors as a party to such
contracts. The Commission shall be entitled to all benefits and shall be
subject to all liabilities under such contracts and shall have the same
right and liability to perform, to require performance, to sue and be
sued thereon, and to modify or terminate such contracts by mutual consent
or otherwise, as the supervisors of the district would have had.
3. Such dissolution shall not affect the lien of any judgment
entered under the provisions of NRS 548.455 , nor the pendency of any action instituted
under the provisions of NRS 548.445 and
548.450 , and the Commission shall
succeed to all the rights and obligations of the district or supervisors
as to such liens and actions.
[Part 15:212:1937; 1931 NCL § 6870.15]—(NRS A 1973, 766)
