Nac: Chapter 278 - Planning And Zoning

Link to law: http://www.leg.state.nv.us/nac/NAC-278.html
Published: 2015

[Rev. 12/7/2015 12:58:24 PM]

 

This chapter of NAC has changes

which have been adopted but have not been codified; you can see those changes

by viewing the following regulation(s) on the Nevada Register of Administrative

Regulations: R020-15

[NAC-278 Revised Date: 4-12]

CHAPTER 278 - PLANNING AND ZONING

SUBDIVISION OF LAND

General Provisions

278.010            Definitions.

278.030            “Condominium” defined.

278.040            “Developer” defined.

278.050            “Division” defined.

278.070            “Improvements” defined.

278.080            “Individual system for disposal of

sewage” defined.

278.090            “Local agency” defined.

278.100            “Lot” defined.

278.110            “Planned unit development” defined.

278.120            “Potable water” defined.

278.130            “Private water system” defined.

278.140            “Public water system” defined.

278.150            “Septic tank” defined.

278.160            “Sewage” defined.

278.170            “Sludge” defined.

278.180            “Subdivider” defined.

278.190            “Subdivision” defined.

278.200            “Subsurface disposal of sewage”

defined.

278.205            “System for absorption by soil”

defined.

278.210            “System of community sewerage”

defined.

278.220            “System of sewerage” defined.

278.240            Applicability.

278.250            Severability.

Review of Tentative Map

278.260            Information required for review of

tentative map.

278.270            Completeness of application.

Review of Final Map

278.290            Plan for water and sewerage

required.

278.300            Completeness of application.

278.310            Certification: Form of statement

required.

278.320            Certification: Reference to

compliance with chapter.

278.330            Time for review of final map;

notice of decision; delay in recording map.

278.340            Construction prohibited until final

map approved.

278.350            Approval of map constitutes

approval of concept of proposed methods.

278.360            Manner of development.

278.370            Inspection by third persons.

Water Supply; Sewerage

278.390            Analysis of water quality.

278.400            Conditions of approval with respect

to water quality; exceeding maximum contaminant level for arsenic

278.410            Water quantity.

278.420            Acceptable methods of sewerage.

278.430            Conditions for connection to

existing system of community sewerage.

278.440            Conditions for connection to new

system of community sewerage.

278.450            Percolation tests.

278.460            System of disposal; system of

absorption.

278.470            Soil conditions; groundwater; soil

characteristics.

278.480            Disposal of sludge.

Miscellaneous Provisions

278.490            Fees for services of Division.

278.500            Procedure for review of actions

taken by Division.

278.510            Proof of approval; order to cease

and desist.

278.520            Approval of construction.

278.530            Appeals to State Environmental

Commission.

PRACTICE BEFORE THE NEVADA TAHOE REGIONAL PLANNING AGENCY

278.800            Definitions.

278.810            Construction; deviation.

278.820            Meetings.

278.830            Adoption of ordinances.

278.840            Petition for adoption, amendment,

repeal of regulation.

278.850            Adoption of regulations by

resolution.

278.860            Advisory Planning Commission.

278.870            Applications.

 

 

 

SUBDIVISION OF LAND

General Provisions

      NAC 278.010  Definitions. (NRS 439.200, 445A.855, 445A.860)  As used

in this chapter, unless the context otherwise requires, the words and terms

defined in NAC 278.030 to 278.220,

inclusive, have the meanings ascribed to them in those sections.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. § 2,

eff. 9-15-82]—(NAC A by Environmental Comm’n by R152-08, 12-17-2008)

      NAC 278.030  “Condominium” defined. (NRS 439.200)  “Condominium”

has the meaning ascribed to it in NRS

117.010.

     [Bd. of Health, Subdiv.,

Condo., & PUD Reg. § 4, eff. 9-15-82]

      NAC 278.040  “Developer” defined. (NRS 439.200)  “Developer”

means a subdivider, an owner of a condominium project or an applicant for

approval of a planned unit development.

     [Bd. of Health, Subdiv.,

Condo., & PUD Reg. § 5, eff. 9-15-82]

      NAC 278.050  “Division” defined. (NRS 439.200, 445A.855, 445A.860)  “Division”

means the Division of Environmental Protection of the State Department of

Conservation and Natural Resources.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. § 6,

eff. 9-15-82]—(NAC A by Environmental Comm’n by R152-08, 12-17-2008)

      NAC 278.070  “Improvements” defined. (NRS 439.200)  “Improvements”

has the meaning ascribed to it in NRS

278.0155.

     [Bd. of Health, Subdiv.,

Condo., & PUD Reg. § 8, eff. 9-15-82]

      NAC 278.080  “Individual system for disposal of sewage” defined. (NRS 439.200)  “Individual

system for disposal of sewage” means a system which:

     1.  Consists of a septic tank for treating

sewage and a system for the distribution and disposal of effluent; and

     2.  Serves one

single-family dwelling.

     [Bd. of Health, Subdiv.,

Condo., & PUD Reg. § 9, eff. 9-15-82]

      NAC 278.090  “Local agency” defined. (NRS 439.200, 445A.855, 445A.860)  “Local

agency” means a district board of health, county or city, which is authorized

to act for the Division pursuant to NRS

278.335.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. § 10,

eff. 9-15-82]—(NAC A by Environmental Comm’n by R152-08, 12-17-2008)

      NAC 278.100  “Lot” defined. (NRS 439.200)  “Lot”

has the meaning ascribed to it in NRS

278.0165.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. § 11,

eff. 9-15-82]

      NAC 278.110  “Planned unit development” defined. (NRS 439.200)  “Planned

unit development” has the meaning ascribed to it in NRS 278A.065.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. § 12,

eff. 9-15-82]

      NAC 278.120  “Potable water” defined. (NRS 439.200)  “Potable

water” means water which:

     1.  Is intended for and suitable for human

consumption, culinary use and other domestic uses; and

     2.  Meets the standards set forth in NAC 445A.453 to 445A.457, inclusive.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. § 13,

eff. 9-15-82]

      NAC 278.130  “Private water system” defined. (NRS 439.200)  “Private

water system” means a system which:

     1.  Is used or intended to be used to supply

potable water for one building or one lot; and

     2.  Does not or is not intended to serve more

than one family or one business.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. § 14,

eff. 9-15-82]

      NAC 278.140  “Public water system” defined. (NRS 439.200)  “Public

water system” has the meaning ascribed to it in NRS 445A.840.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. § 15,

eff. 9-15-82]

      NAC 278.150  “Septic tank” defined. (NRS 439.200)  “Septic

tank” means a watertight, covered receptacle designed and constructed to:

     1.  Receive the discharge of sewage from a

building and allow the solids to separate from the liquid;

     2.  Provide for organic matter to be digested

by bacteria and the digested solids to be stored during a period of detention;

and

     3.  Allow the clarified liquids to be

discharged for final disposal.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. § 16,

eff. 9-15-82]

      NAC 278.160  “Sewage” defined. (NRS 439.200)  “Sewage”

means any liquid waste containing:

     1.  Human, animal or vegetable matter,

whether in suspension or solution; or

     2.  Chemicals in solution.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. § 17,

eff. 9-15-82]

      NAC 278.170  “Sludge” defined. (NRS 439.200)  “Sludge”

means the precipitated solid matter produced by the treatment of sewage.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. § 18,

eff. 9-15-82]

      NAC 278.180  “Subdivider” defined. (NRS 439.200)  “Subdivider”

has the meaning ascribed to it in NRS

278.0185.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. § 19,

eff. 9-15-82]

      NAC 278.190  “Subdivision” defined. (NRS 439.200)

     1.  “Subdivision” has the meaning ascribed to

it in NRS 278.320.

     2.  The term includes a condominium project

or a planned unit development.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. § 20,

eff. 9-15-82]

      NAC 278.200  “Subsurface disposal of sewage” defined. (NRS 439.200)  “Subsurface

disposal of sewage” means treatment and disposal of domestic sewage by means

of:

     1.  A septic tank or other underground

treatment unit; and

     2.  A system of absorption by soil.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. § 21,

eff. 9-15-82]

      NAC 278.205  “System for absorption by soil” defined. (NRS 439.200)  “System

for absorption by soil” means a system that uses soil to absorb sewage, for

example, an absorption trench, a seepage bed or a seepage pit.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. § 24,

eff. 9-15-82]—(Substituted in revision for NAC 278.230)

      NAC 278.210  “System of community sewerage” defined. (NRS 439.200, 445A.855, 445A.860)  “System

of community sewerage” means a system of sanitary sewerage which:

     1.  Has been approved by the Division; and

     2.  Serves or is intended to serve two or

more dwellings, buildings or lots in a subdivision.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. § 22,

eff. 9-15-82]—(NAC A by Environmental Comm’n by R152-08, 12-17-2008)

      NAC 278.220  “System of sewerage” defined. (NRS 439.200)

     1.  “System of sewerage” means a system,

whether on the surface or underground, for disposing of sewage, industrial

waste or any liquid waste.

     2.  The term includes pipelines, pumping

stations, treatment works, disposal wells and any related facilities.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. § 23,

eff. 9-15-82]

      NAC 278.240  Applicability. (NRS 439.200)  This

chapter applies to subdivisions of land, condominiums and planned unit developments.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. § 1,

eff. 9-15-82]

      NAC 278.250  Severability. (NRS 439.200)  If any

provision of this chapter or any application thereof to any person, thing or

circumstance is declared invalid, it is intended that such invalidity not

affect the remaining provisions or applications to the extent that they can be

given effect.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. § 49,

eff. 9-15-82]

Review of Tentative Map

      NAC 278.260  Information required for review of tentative map. (NRS 439.200, 445A.855, 445A.860)  A

developer shall submit all the following items of information to the Division

or local agency for its review of a tentative map:

     1.  A map showing the topographic features of

the subdivision, including contours at intervals of 2 feet for slopes of 10

percent or less and intervals of 5 feet for slopes of over 10 percent.

     2.  Two copies of the map showing the

tentative design of the subdivision, including the arrangement of lots, the

alignment of roads and easements.

     3.  If a system for subsurface disposal of

sewage will be used in the subdivision, a report on the soil, including the

types of soil, a table showing seasonal high water levels and the rate of

percolation at the depth of any proposed system for absorption by soil.

     4.  A statement of the type of water system

to be used and the water source, for example, private wells or a public water

system.

     5.  Unless water for the subdivision is to be

supplied from an existing public water system, a report of the analyses of four

1-gallon samples taken in or adjacent to the subdivision from different wells.

The analyses must show that the water meets the standards prescribed in NAC 445A.450 to 445A.492, inclusive.

     6.  A map of the 100-year floodplain for the

applicable area. The map must have been prepared by recognized methods or by an

appropriate governmental agency for those areas subject to flooding.

     7.  A description of the subdivision in terms

of 40-acre parts of a designated section, township and range, or any other

description which provides a positive identification of the location of the

subdivision.

     8.  A map of the vicinity of the subdivision,

showing the location of the proposed subdivision relative to the nearest city

or major highway.

     9.  The names and addresses of the owners and

developers of the subdivision.

     10.  A master plan showing the future

development and intended use of all land under the ownership or control of the

developer in the vicinity of the proposed subdivision.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. § 25,

eff. 9-15-82]—(NAC A 8-1-94; R088-00, 8-3-2001; A by Environmental Comm’n by

R152-08, 12-17-2008)

      NAC 278.270  Completeness of application. (NRS 439.200, 445A.855, 445A.860)

     1.  An application for review of a tentative

map is not complete until all the required items of information have been

submitted by the local government. The period allowed the Division or local

agency for its review begins on the date when the application is complete.

     2.  If an incomplete application for review

is received by the Division or local agency, it shall give the local government

written notice of that fact. The notice must include a list of the specific

items which are missing.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. part §

25, eff. 9-15-82]—(NAC A by Environmental Comm’n by R152-08, 12-17-2008)

Review of Final Map

      NAC 278.290  Plan for water and sewerage required. (NRS 439.200)  When a

developer submits a final map of his or her subdivision for review, the

developer must also provide a complete plan showing the systems of water supply

and sewage disposal for the area to be developed.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. § 26,

eff. 9-15-82]

      NAC 278.300  Completeness of application. (NRS 439.200)  An

application for review of a final map is subject to the same provisions on

completeness as those which are prescribed in NAC

278.260 and 278.270.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. § 27,

eff. 9-15-82]

      NAC 278.310  Certification: Form of statement required. (NRS 439.200, 445A.855, 445A.860)  In

preparing the certificate required by subsection 1 of NRS 278.377, the Division or a

local agency acting for the Division shall include the following statement:

 

     This final map is approved by

the (Division of Environmental Protection of the State Department of

Conservation and Natural Resources, or the health district, county or city for

the Division of Environmental Protection). This approval concerns sewage

disposal, water pollution, water quality and water supply facilities and is

predicated upon plans for a (public, private) water supply and (a community,

individual systems) for disposal of sewage.

 

...............................................................                                     .........................................

     (Division of Environmental

Protection;                                                       Date

     Health District, County, City)

 

     [Bd. of Health, Subdiv., Condo., & PUD Reg. § 28,

eff. 9-15-82]—(NAC A by Environmental Comm’n by R152-08, 12-17-2008)

      NAC 278.320  Certification: Reference to compliance with chapter. (NRS 439.200, 445A.855, 445A.860)  A local

agency which certifies to the Division, pursuant to subsection 3 of NRS 278.335, that the water quality

and quantity, sewage disposal and control of water pollution for a subdivision

meet all the requirements of law must also certify that the requirements of

this chapter are met, if the agency so finds.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. § 29,

eff. 9-15-82]—(NAC A by Environmental Comm’n by R152-08, 12-17-2008)

      NAC 278.330  Time for review of final map; notice of decision; delay in

recording map. (NRS 439.200, 445A.855, 445A.860)

     1.  The Division or local agency shall review

and either approve or disapprove the plans for improvements shown on the final

map and related plans within 30 days after receipt of the map and plans.

     2.  The Division or local agency shall give

written notice of its approval or disapproval to the developer. If the Division

or local agency disapproves the map or plans, its notice must include the

reasons for its action.

     3.  If the developer fails to record an

approved final map within the time allowed by NRS 278.360, the developer must

resubmit a tentative map through the governing body to the Division or local

agency for its review and approval.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. § 30,

eff. 9-15-82]—(NAC A by Environmental Comm’n by R152-08, 12-17-2008)

      NAC 278.340  Construction prohibited until final map approved. (NRS 439.200, 445A.855, 445A.860)  The

developer shall not perform any construction on the site of a subdivision,

except that necessary to evaluate the subdivision, until the Division or local

agency approves the final map.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. § 31,

eff. 9-15-82]—(NAC A by Environmental Comm’n by R152-08, 12-17-2008)

      NAC 278.350  Approval of map constitutes approval of concept of proposed

methods. (NRS

439.200, 445A.855, 445A.860)  An

approval by the Division or local agency of a tentative map constitutes an

approval of the concept of the proposed methods of providing for disposal of

sewage, controlling water pollution, ensuring the quality of water and

providing facilities for water supply.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. § 32,

eff. 9-15-82]—(NAC A by Environmental Comm’n by R152-08, 12-17-2008)

      NAC 278.360  Manner of development. (NRS 439.200, 445A.855, 445A.860)  Development

of a subdivision must be carried on in a manner which will:

     1.  Minimize water pollution; and

     2.  Be in conformance with the applicable

plans and specifications approved by the Division or local agency.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. § 34,

eff. 9-15-82]—(NAC A by Environmental Comm’n by R152-08, 12-17-2008)

      NAC 278.370  Inspection by third persons. (NRS 439.200, 445A.855, 445A.860)

     1.  If the Division has not authorized the

county or city to conduct inspections of the construction of the system for

water supply and sewerage in a subdivision, the developer must have the design

engineer or a third person conduct those inspections.

     2.  The inspector shall, at intervals of

construction specified by the Division or local agency, certify in writing that

the improvements are being installed in accordance with the approved plans and

recognized practices of the trade.

     3.  The developer must bear the cost of the

inspections.

     4.  The developer may select a third-person

inspector but the selection must be approved by the Division or local agency. A

third-person inspector must be a disinterested person who is not an employee of

the developer.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. § 35,

eff. 9-15-82]—(NAC A by Environmental Comm’n by R152-08, 12-17-2008)

Water Supply; Sewerage

      NAC 278.390  Analysis of water quality. (NRS 439.200)  Analyses

of water quality may be performed in the State Public Health Laboratory, or any

other laboratory certified by the State Health Officer, upon the developer’s

submission of an adequately identified sample consisting of 1 gallon of water.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. § 37,

eff. 9-15-82]

      NAC 278.400  Conditions of approval with respect to water quality; exceeding

maximum contaminant level for arsenic. (NRS 439.200, 445A.855, 445A.860)

     1.  If a public water system is to be used

for the subdivision, the system must have:

     (a) Necessary facilities to treat water to meet the

standards provided in NAC 445A.450 to

445A.492, inclusive.

     (b) The capacity to meet the demands upon the

system.

     2.  The Division or local agency shall not

approve a subdivision with respect to water quality if the subdivision is in an

area where:

     (a) The water is to be supplied from individual

wells and the water does not meet the standards established by the Division in NAC 445A.450 to 445A.492, inclusive; or

     (b) Where there is a community water supply and the

water is treated by the use of individual units in single-family dwellings.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. § 39,

eff. 9-15-82]—(NAC A 8-31-89; R088-00, 8-3-2001; A by Environmental Comm’n by

R152-08, 12-17-2008)

      NAC 278.410  Water quantity. (NRS 439.200, 445A.860)  Except

as otherwise required pursuant to NAC

445A.65505 to 445A.6731,

inclusive, for any part of a subdivision served by a public water system:

     1.  The minimum quantity of water which must

be made available for domestic use per single-family dwelling in a subdivision

is:

     (a) Where the subdivision contains common areas, 1

gallon per minute at peak flow, with an average of 1,000 gallons per day, or

separate water systems must be provided for the common areas.

     (b) Where the subdivision does not contain such

areas, 200 gallons per person per day (average demand) under a metered system

or 350 gallons per person per day under an unmetered system. The occupancy

factor is 3.5 persons per hookup.

     2.  The water system for a subdivision must

have a sufficient capacity to meet 2.5 times the average demand for water on

peak days.

     3.  A subdivision must have:

     (a) Enough water in storage to provide a 24-hour

supply for each hookup plus the reserve amount required for fire fighting; or

     (b) An alternative pumping capacity which is

adequate to meet regular and emergency needs.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. § 38,

eff. 9-15-82]—(NAC A 2-20-97)

      NAC 278.420  Acceptable methods of sewerage. (NRS 439.200, 445A.855, 445A.860)  The Division, or a

local agency when the written approval of the Division is

obtained, may approve any of the following methods for disposing of sewage:

     1.  Connection to an existing system of

community sewerage if the system:

     (a) Will not be brought to overcapacity by the

connection; and

     (b) Will be expanded to provide for the additional

demand.

     2.  Connection to a newly constructed system

of community sewerage.

     3.  Connection to a system for subsurface

disposal of sewage.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. § 40,

eff. 9-15-82]—(NAC A by Environmental Comm’n by R152-08, 12-17-2008)

      NAC 278.430  Conditions for connection to existing system of community

sewerage. (NRS

439.200, 445A.855, 445A.860)  To

obtain approval for connection to an existing system of community sewerage, the

developer must submit to the Division or local agency a written statement from

the local authority responsible for sewage disposal stating that service from

the existing system will be extended to the subdivision and:

     1.  The community facility for treatment will

not be caused to exceed its capacity and the discharge permit requirements by

this added service; or

     2.  The facility will be expanded to provide

for the added service.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. § 41,

eff. 9-15-82]—(NAC A by Environmental Comm’n by R152-08, 12-17-2008)

      NAC 278.440  Conditions for connection to new system of community sewerage. (NRS 439.200, 445A.855, 445A.860)  To

obtain the approval of the Division or a local agency for connection to a new

system of community sewerage, the developer must first submit complete

engineering plans and specifications to and have them approved by the Division.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. § 42,

eff. 9-15-82]—(NAC A by Environmental Comm’n by R152-08, 12-17-2008)

      NAC 278.450  Percolation tests. (NRS 439.200, 445A.855, 445A.860)

     1.  Before the Division or local agency may

approve the use in a subdivision of a system for subsurface disposal of sewage

or private systems for disposal of sewage, the developer must comply with the

conditions set forth in this section.

     2.  Percolation tests of soil must be made at

the rate of four tests per 10 acres or fraction thereof and one additional test

for each additional 10 acres or fraction thereof. For example, 10 such tests

are required for a 67-acre subdivision. In a subdivision covering an area of

more than 1 square mile, at least 16 percolation tests per square mile are

required for the initial submission of data. Complete results of these tests

must be submitted to the Division and to the local agency for review.

     3.  In any subdivision where the

characteristics of soil percolation are questionable, the developer may be

required to make additional tests. The location of test holes must be shown on

the plan.

     4.  If the percolation tests show that the

times for seepage exceed 60 minutes per inch, the method of absorption by soil

must not be used for disposal.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. part §

43, eff. 9-15-82]—(NAC A by Environmental Comm’n by R152-08, 12-17-2008)

      NAC 278.460  System of disposal; system of absorption. (NRS 439.200)

     1.  A developer must provide a detailed

layout to show the system of disposal for the lot which presents the greatest

difficulty in design if:

     (a) The natural slope of the ground surface in the

subdivision exceeds 5 percent; or

     (b) Any drainage channels, ditches, ponds or

watercourses, high water table and high bedrock or any easements which are in

or near the subdivision are so located as to complicate the design and location

of systems for subsurface disposal.

     2.  A system for absorption of sewage must be

located at least 100 feet from any watercourse or lake and at least 200 feet

from any public well.

     3.  Where a proposed subdivision will have a

density of two or more dwellings per acre, the construction of individual

systems for disposal of sewage is prohibited if the distance from any edge of

the subdivision to the nearest suitable point of connection with a public

system of sewerage is less than the distance determined by multiplying the

proposed number of single-family dwellings by 100 feet.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. part §

43, eff. 9-15-82]—(NAC A 8-1-94)

      NAC 278.470  Soil conditions; groundwater; soil characteristics. (NRS 439.200, 445A.855, 445A.860)

     1.  As a further condition of the approval of

a subsurface system or private systems for sewage disposal, the developer must

have all the following items prepared and submitted to the Division and the

local agency:

     (a) For a tentative map, a report containing a

comprehensive log of the soil conditions existing throughout the area of the

subdivision to a depth of at least 5 feet below the bottom of the proposed

system for subsurface disposal. This report must be prepared by a professional

engineer or other person who is qualified by training and experience to make

such a report. For absorption by soil to be approved as a method of disposal,

the soil cover throughout the area must be adequate to ensure that at least 4

feet of suitable soil lie between bedrock (or any other impervious formation)

and the bottom of the trenches used to allow absorption in soil of the effluent

from the septic tank.

     (b) For a tentative map, a statement of the present

and maximum elevation of groundwater throughout the area of the subdivision.

This statement must be prepared by a professional engineer or other person who

is qualified by training and experience to prepare such a statement. A

subsurface system for disposal of sewage must not be approved if there is

evidence that groundwater rises to within 5 feet of the bottom of the trenches.

     (c) For a final map, a report presenting

information in sufficient detail to demonstrate that the soil characteristics

of all parcels of land within the subdivision will be suitable for a subsurface

system for disposal of sewage. The report must be prepared by a professional

engineer or other person authorized under state law to prepare such a report.

     2.  The developer must inform the Division or

local agency when test holes have been excavated, so that a representative of

the Division or the local agency may inspect the holes.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. § 44,

eff. 9-15-82]—(NAC A by Environmental Comm’n by R152-08, 12-17-2008)

      NAC 278.480  Disposal of sludge. (NRS 439.200)  Before

approval is given for a subdivision which is to be served by septic tanks, the

local government within whose jurisdiction the subdivision is located must

submit a written statement that a site for disposal of sludge had been provided

and will be maintained in a sanitary manner.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. § 45,

eff. 9-15-82]

Miscellaneous Provisions

      NAC 278.490  Fees for services of Division. (NRS 439.150, 439.200, 445A.855, 445A.860)  The

following fees are prescribed for services performed by the Division:

 



     For

reviewing a tentative map.............................................................





          $400







          Plus

$3 for each building lot shown on the map.   





 







     For

reviewing a final map....................................................................





            400







          Plus

$3 for each building lot shown on the final map.





 







     For

a preliminary evaluation of a plant for water treatment for a subdivision, an

additional fee of...............................................................................................





              50







     For

requesting and considering information which the subdivider has failed to

submit in accordance with NAC 278.260 to 278.370, inclusive, each request





            100





 

     [Bd. of Health, Subdiv., Condo., & PUD Reg. § 36,

eff. 9-15-82]—(NAC A 6-23-86; 7-22-87; 8-31-89; R191-03, 1-21-2004; A by

Environmental Comm’n by R152-08, 12-17-2008)

      NAC 278.500  Procedure for review of actions taken by Division. (NRS 439.200, 445A.855, 445A.860)

     1.  Any developer who has reason to believe

that an action taken by the Division pursuant to this chapter was incorrect or

based on inadequate knowledge may, within 10 business days after receiving

notice of the action, request an informal discussion with the employee

responsible for the action and the immediate supervisor of the employee.

     2.  If the informal discussion does not lead

to a resolution of the developer’s problem, the developer may, within 10

business days after the date scheduled for the informal discussion, submit a

written request to the Division for an informal conference. The informal

conference must be scheduled for a date, place and time mutually agreed upon by

the developer and the Division, except that the informal conference must be

held not later than 60 days after the date on which the Division received the

written request.

     3.  The determination of the Division

resulting from the informal conference cannot be appealed and is the final

remedy available to the developer.

     4.  The Division may waive the informal

procedures by giving written notice to the developer.

     5.  Local agencies shall adopt a parallel

procedure for handling similar situations.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. § 46,

eff. 9-15-82]—(NAC A 10-30-97; A by Environmental Comm’n by R152-08, 12-17-2008)

      NAC 278.510  Proof of approval; order to cease and desist. (NRS 439.200, 445A.855, 445A.860)

     1.  Before the developer begins construction

of any improvements based on the final map, the developer must be able to show

proof that the map includes a certificate of approval issued by the Division or

local agency pursuant to NRS 278.377

and NAC 278.310. The proof must be available at the

jobsite.

     2.  If the proof is not available at the

jobsite, the health authority or other enforcing officer shall issue an order

to the developer to cease and desist until such time as proper proof is

available.

     3.  If the developer fails to comply with the

order to cease and desist, the enforcing officer shall seek injunctive relief

through a court of competent jurisdiction.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. § 47, eff.

9-15-82]—(NAC A by Environmental Comm’n by R152-08, 12-17-2008)

      NAC 278.520  Approval of construction. (NRS 439.200, 445A.855, 445A.860)  Each

certificate which the Division or local agency issues to approve construction

must include a declaration that:

     1.  The appropriate inspections were

performed; and

     2.  The construction and installations at the

subdivision meet the requirements of this chapter.

     [Bd. of Health, Subdiv., Condo., & PUD Reg. § 48,

eff. 9-15-82]—(NAC A by Environmental Comm’n by R152-08, 12-17-2008)

      NAC 278.530  Appeals to State Environmental Commission. (NRS 278.377, 445A.855, 445A.860)

     1.  Any person who requests a hearing before

the State Environmental Commission concerning a final decision of the Division

pursuant to NRS 278.377 may do

so by filing a request, within 10 days after notice of the action of the State

Department of Conservation and Natural Resources, on Form 3* with the State

Environmental Commission, Bryan State Office Building, 901 South Stewart

Street, Suite 4001, Carson City, Nevada 89701-5249.

     2.  The provisions of NAC 445B.875 to 445B.899, inclusive, apply to a hearing

of the State Environmental Commission requested pursuant to subsection 1.

     *(See adopting agency for form.)

     (Added to NAC by Environmental Comm’n, eff. 10-29-93; A

by R152-08, 12-17-2008)

PRACTICE BEFORE THE NEVADA TAHOE REGIONAL PLANNING AGENCY

      NAC 278.800  Definitions. (NRS 278.812)  As used

in NAC 278.800 to 278.870,

inclusive, unless the context otherwise requires, “Agency” means the Nevada

Tahoe Regional Planning Agency.

     [Nev. Tahoe Reg. Planning Agency, Practice Rule 1.1,

eff. 7-8-73]

      NAC 278.810  Construction; deviation. (NRS 278.812)

     1.  The provisions of NAC

278.800 to 278.870, inclusive, must be

liberally construed to secure the just, speedy and economical determination of

all matters before the governing body.

     2.  In special cases, and for good cause, the

governing body may permit a deviation from any provision of NAC 278.800 to 278.870,

inclusive, if it finds that strict compliance would be impracticable or

unnecessary.

     [Nev. Tahoe Reg. Planning Agency, Practice Rules 7.2

& 7.3, eff. 7-8-73]

      NAC 278.820  Meetings. (NRS 278.802, 278.804, 278.812)

     1.  The Agency will hold its meetings in the

agency office, or at such other place as the governing body may select from

time to time.

     2.  Mason’s Manual of Legislative

Procedure will be used to conduct the meetings in all cases in which the

rules apply and where they are not inconsistent with NAC

278.800 to 278.870, inclusive.

     [Nev. Tahoe Reg. Planning Agency, Practice Rules 2.3

& 2.5, eff. 7-8-73]

      NAC 278.830  Adoption of ordinances. (NRS 278.804, 278.812)

     1.  The introduction and consideration of a

proposed ordinance must be an item on the agenda for the meeting at which the

ordinance is to be introduced and considered. Final action on a proposed

ordinance may be taken immediately after consideration by the governing body at

the meeting at which the proposed ordinance was introduced and considered or it

may be introduced and given a first reading and final action may be delayed to

a later meeting. If action on the ordinance is delayed, further consideration

and final action on the proposed ordinance must be on the agenda for a later

meeting.

     2.  The enacting clause of ordinances must be

as follows: “The governing body of the Nevada Tahoe Regional Planning Agency

does ordain as follows:”.

     3.  An ordinance is effective immediately

upon its adoption unless a later effective date is given in the ordinance.

     4.  Every ordinance adopted by the governing

body must have endorsed thereon the votes cast for and against its adoption and

must be signed by the chair or vice chair.

     [Nev. Tahoe Reg. Planning Agency, Practice Rules 3.2-3.5,

eff. 7-8-73]

      NAC 278.840  Petition for adoption, amendment, repeal of regulation. (NRS 278.804, 278.812)

     1.  Any interested person may petition the

governing body for the adoption, filing, amendment or repeal of any regulation.

The petition must be accompanied by relevant data, views and arguments.

     2.  The petition need not be in a particular

form but must be in writing and include a statement of the applicant’s

interest, the nature of the request, the reasons therefor and such other

matters as the applicant believes may be helpful to the governing body in

determining the proper action to take in the matter. All petitions must be

signed by or on behalf of the applicant and be mailed or delivered to the

office of the Agency for filing with the Secretary or other person in charge of

the office.

     3.  Upon submission of such a petition, the

governing body will within 30 calendar days either deny the petition in

writing, stating its reasons, or initiate the action requested for the

adoption, amendment or repeal of the regulation.

     [Nev. Tahoe Reg. Planning Agency, Practice Rule 4.8,

eff. 7-8-73]

      NAC 278.850  Adoption of regulations by resolution. (NRS 278.804, 278.812)  All

proposed regulations will be adopted by resolution of the governing body.

     [Nev. Tahoe Reg. Planning Agency, Practice Rules 4.2-4.6,

eff. 7-8-73]

      NAC 278.860  Advisory Planning Commission. (NRS 278.804, 278.812)

     1.  Matters which have been submitted to the

Agency for approval may first be submitted to the Advisory Planning Commission

for review and recommendation, unless the governing body determines that a

particular matter is of such a nature or urgency that the public interest

requires it to act without delay and without review and recommendation by the

Commission.

     2.  The Commission shall consider each matter

submitted with regard to the environmental impact and effect of each such

proposal including the availability of services, public facilities and

resources and the capacity of the environment to tolerate additional

development. Based upon such considerations, the Commission shall submit a

report and recommendation of the matters considered by it to the governing

body.

     3.  The governing body may consider the

report and recommendations of the Commission but need not be bound thereby. The

governing body may hear additional testimony and argument concerning any matter

or proposal submitted before acting thereon.

     4.  The Commission shall meet at such times

and upon such notice as directed and determined by the governing body.

     5.  Members of the governing body may attend

and participate in meetings of the Commission but such members may not be

counted in determining whether a quorum is present and such members may not

vote.

     [Nev. Tahoe Reg. Planning Agency, Practice Rules 5.2-5.6,

eff. 7-8-73]

      NAC 278.870  Applications. (NRS 278.804, 278.812)  The

applicant shall furnish the Agency with supporting records, papers and other

data supporting the application which are sufficient for the governing body to

determine environmental impact and to approve, approve with conditions or

disapprove the application under consideration. In determining the

environmental impact and effect of a proposed business or recreational

establishment, the governing body may consider, but is not limited to the

availability of services, public facilities and natural resources and the

capacity of the environment to tolerate the proposed additional development. If

the governing body determines that the information submitted is insufficient,

it may request that the applicant furnish the required additional information

and if the applicant does not do so, or if all information furnished is

inadequate, the application may not be approved.

     [Nev. Tahoe Reg. Planning Agency, Practice Rule 6.2,

eff. 7-8-73]

 
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