[Rev. 11/21/2013 10:51:26
AM--2013]
CHAPTER 322 - USE OF STATE LANDS
GENERAL PROVISIONS
NRS 322.003 Definitions.
NRS 322.0032 “Agricultural
use” defined.
NRS 322.0034 “Boat-fueling
facility” defined.
NRS 322.0036 “Boat
hoist” defined.
NRS 322.0037 “Boat
house” defined.
NRS 322.0038 “Boat
ramp” defined.
NRS 322.004 “Boat
slip” defined.
NRS 322.0042 “Commercial
use” defined.
NRS 322.0043 “Deck”
defined.
NRS 322.0044 “Dredging”
defined.
NRS 322.0046 “Filling”
defined.
NRS 322.005 “Geothermal
resource” defined.
NRS 322.0052 “Littoral
or riparian residential parcel” defined.
NRS 322.0054 “Mooring
buoy” defined.
NRS 322.0056 “Multiple
residential use” defined.
NRS 322.0058 “Pier”
defined.
NRS 322.006 “Recreational
dredging” defined.
NRS 322.0062 “Single
residential use” defined.
NRS 322.0066 “Vessel”
defined.
NRS 322.007 Approval
of certain leases required.
LEASES FOR EXTRACTION OF OIL, COAL, GAS OR GEOTHERMAL
RESOURCES
NRS 322.010 Authorization.
NRS 322.020 Sizes
of leased areas; conformity to governmental subdivisions.
NRS 322.030 Rentals
and royalties.
NRS 322.040 Form
of lease; preparation by Attorney General.
OTHER LEASES AND EASEMENTS
NRS 322.050 Leases
of or easements over state lands authorized; concurrence of contracting parties
and state agencies required.
NRS 322.060 Certain
leases or easements over state lands: Size of area; terms and consideration;
form and preparation.
NRS 322.061 Lease
of land to certain persons at reduced rate; requirements; approval of lease;
determination of rent; waiver of requirements.
NRS 322.063 Lease
of state land to certain state officers or employees for reduced charge;
approval of lease; determination of rent; waiver of fee.
NRS 322.065 Lease
of state land to certain nonprofit organizations or educational institutions
for reduced charge; approval of lease; determination of rent; waiver of fee;
exclusions.
NRS 322.067 Waiver
of fee for grant of easement to local government for public road.
NRS 322.070 Leases
of land for private development.
NRS 322.075 Fees
for leases of land for grazing livestock: Conditions; determination of minimum
fee.
OTHER LAWFUL USES
NRS 322.100 Authority
of State Land Registrar to issue permit, license or other authorization for any
lawful use; fees.
NRS 322.1003 Permit,
license or other authorization to use state land or state facilities for
recreational purpose: Statement by applicant concerning payment of child
support; grounds for denial. [Effective until the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 322.1005 Permit,
license or other authorization to use state land or state facilities for
recreational purpose: Suspension for failure to pay child support or comply
with certain subpoenas or warrants; reinstatement. [Effective until the date of
the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
NRS 322.1007 Performance
of work below high water mark of navigable river: Application and fees for
permit; conditions under which permit not required.
NRS 322.110 Fees
for consideration of applications for use of state lands; waiver of fee.
NRS 322.120 Fees:
Permit for use of piers or other related facilities; permit for use of boat
hoist, boat house, boat ramp, boat slip, deck, mooring buoy or similar devices.
NRS 322.125 Credit
toward fee for commercial use of state land.
NRS 322.130 Fee
for permit for dredging or filling, construction or installation of certain
structures.
NRS 322.140 Waiver
of fees by State Land Registrar.
NRS 322.150 Exemption
from fees for assignment of state lands to state agency.
NRS 322.160 Accounting
and use of proceeds of fees.
NRS 322.170 Regulations.
_________
GENERAL PROVISIONS
NRS 322.003 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 322.0032 to 322.0066, inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1993, 1456; A 1995, 2510)
NRS 322.0032 “Agricultural use” defined. “Agricultural
use” means any use required for farming or ranching.
(Added to NRS by 1993, 1456)
NRS 322.0034 “Boat-fueling facility” defined. “Boat-fueling
facility” means a pump or similar device used for transferring fuel to vessels
on a navigable body of water.
(Added to NRS by 1993, 1456)
NRS 322.0036 “Boat hoist” defined. “Boat
hoist” means a hoist, other than a hoist inside a boat house, for raising
vessels from, or lowering vessels into, a navigable body of water.
(Added to NRS by 1993, 1456; A 1995, 2511)
NRS 322.0037 “Boat house” defined. “Boat
house” means a covered or enclosed structure, in or on a navigable body of
water, designed specifically to store, enclose, shelter or protect a vessel
away from the elements.
(Added to NRS by 1995, 2510)
NRS 322.0038 “Boat ramp” defined. “Boat
ramp” means a ramp for launching vessels into, or retrieving vessels from, a
navigable body of water.
(Added to NRS by 1993, 1456)
NRS 322.004 “Boat slip” defined. “Boat
slip” means a space, other than a space inside a boat house, designed for the
mooring or storage of vessels on a navigable body of water.
(Added to NRS by 1993, 1456; A 1995, 2511)
NRS 322.0042 “Commercial use” defined. “Commercial
use” means any use conducted primarily for profit, except a use conducted by a
governmental or quasi-governmental entity.
(Added to NRS by 1993, 1456; A 1997, 972)
NRS 322.0043 “Deck” defined. “Deck”
means a fixed or floating platform or other structure, other than a boat house
or pier, which is attached to the shore or bed of, and extends into or over, a
navigable body of water.
(Added to NRS by 1995, 2510)
NRS 322.0044 “Dredging” defined. “Dredging”
means the removing or rearranging of any material below the high water
elevation of a navigable body of water.
(Added to NRS by 1993, 1456)
NRS 322.0046 “Filling” defined. “Filling”
means the deposit of any material below the high water elevation of a navigable
body of water.
(Added to NRS by 1993, 1456)
NRS 322.005 “Geothermal resource” defined. “Geothermal
resource” means the natural heat of the earth and the energy associated with
that natural heat, pressure and all dissolved or entrained minerals that may be
obtained from the medium used to transfer that heat, but excluding hydrocarbons
and helium.
(Added to NRS by 1975, 512; A 1981, 659; 1993, 1459)
NRS 322.0052 “Littoral or riparian residential parcel” defined. “Littoral or riparian residential parcel”
means a parcel of land which:
1. Adjoins the bed of a navigable body of
water; and
2. Is restricted to single-family
residential use.
(Added to NRS by 1993, 1456)
NRS 322.0054 “Mooring buoy” defined. “Mooring
buoy” means a float:
1. Which is anchored to the bed of a
navigable body of water; and
2. To which a vessel is fastened through
the use of cables, lines, ropes or anchors for the purpose of maintaining the
vessel in a stationary position in the water.
(Added to NRS by 1993, 1456)
NRS 322.0056 “Multiple residential use” defined. “Multiple
residential use” means the use of a facility, structure or other object, except
a commercial use, exclusively by the owners of two or more littoral or riparian
residential parcels and their families and guests.
(Added to NRS by 1993, 1456)
NRS 322.0058 “Pier” defined. “Pier”
means a fixed or floating platform or other structure, other than a boat house
or deck, which:
1. Extends into or over a navigable body
of water;
2. Is attached to pillars, piles, rocks or
metal or is anchored to the bottom of the body of water; and
3. Affords convenient passage to and from
vessels or provides a mooring for vessels.
(Added to NRS by 1993, 1456; A 1995, 2511)
NRS 322.006 “Recreational dredging” defined. “Recreational
dredging” means dredging conducted primarily for personal pleasure using a
portable vacuum or suction dredge which has an intake that does not exceed 4
inches in diameter.
(Added to NRS by 1993, 1456)
NRS 322.0062 “Single residential use” defined. “Single
residential use” means the use of a facility, structure or other object, except
a commercial use, exclusively by the owner of a littoral or riparian
residential parcel and his or her family and guests.
(Added to NRS by 1993, 1457)
NRS 322.0066 “Vessel” defined. “Vessel”
means any boat or other watercraft used as a means of transportation on water.
(Added to NRS by 1993, 1457)
NRS 322.007 Approval of certain leases required. Any
lease of state land, except a lease for residential purposes, a lease for
farming or grazing or a lease authorized pursuant to NRS 321.008 or 322.061,
whose term extends or is renewable beyond 1 year must be approved by the State
Board of Examiners and the Interim Finance Committee.
(Added to NRS by 1983, 7; A 1989, 511, 1782; 2001, 906; 2013, 2691)
LEASES FOR EXTRACTION OF OIL, COAL, GAS OR GEOTHERMAL
RESOURCES
NRS 322.010 Authorization. Except
as provided in NRS 334.070 and 504.147, the Administrator of the Division
of State Lands of the State Department of Conservation and Natural Resources,
as ex officio State Land Registrar, may lease any land except contract land now
or hereafter owned by the State of Nevada, or which may hereafter be granted to
it by the United States of America, upon terms as provided in NRS 322.020, 322.030 and 322.040.
[1:183:1921; NCL § 5548]—(NRS A 1957, 649; 1961, 588;
1975, 106; 1979, 906; 1983, 1250)
NRS 322.020 Sizes of leased areas; conformity to governmental subdivisions. Such leases shall be in blocks of not less
than 40 acres nor more than 1,280 acres each, and shall conform to governmental
subdivisions.
[2:183:1921; NCL § 5549]
NRS 322.030 Rentals and royalties.
1. Such leases shall be based upon a fixed
rental of not less than $1 per acre annually for each acre contained therein,
and shall further provide for a royalty of not less than:
(a) Fifteen percent of the gross value of all
oil, gas or other hydrocarbons extracted therefrom.
(b) Ten percent of the gross value of any
geothermal resource derived from the lease and sold or utilized or reasonably
susceptible to sale or utilization by the lessee and 5 percent of the gross
value of any by-product sold or utilized or reasonably susceptible to sale or
utilization by the lessee.
2. Each lease shall be negotiated upon
such terms and for such rent and royalty as are most favorable to the State and
not less favorable than similar leaseholds in the vicinity.
3. As used in this section, “by-product”
means a tangible substance produced or extracted in the utilization of a
geothermal resource.
[3:183:1921; NCL § 5550]—(NRS A 1975, 511; 1977, 805)
NRS 322.040 Form of lease; preparation by Attorney General. Such leases shall be executed upon a form to
be prepared by the Attorney General, which form shall contain all of the
covenants and agreements usual and necessary to leases for the extraction of
coal, oil and gas, or the utilization of geothermal resources, or both, as the
situation may require.
[4:183:1921; NCL § 5551]—(NRS A 1975, 512)
OTHER LEASES AND EASEMENTS
NRS 322.050 Leases of or easements over state lands authorized; concurrence
of contracting parties and state agencies required. Except
as otherwise provided in NRS 334.070
and 504.147, the Administrator of the
Division of State Lands of the State Department of Conservation and Natural
Resources, as ex officio State Land Registrar, may, in addition to the
authority to lease provided in NRS 322.010, 322.020 and 322.030, lease
or grant easements over or upon any land now or hereafter owned by the State of
Nevada, or which may hereafter be granted it by the United States of America,
upon terms as provided in NRS 322.060. Leases or
grants of easements over or upon contract lands may be made only with the
consent of the contracting party, who must be paid all money received from any
such lease or grant. Leases or grants of easements over or upon any lands which
are used by any office, department, board, commission, bureau, institution or
other agency of the State of Nevada may be granted only with the concurrence of
the agency.
(Added to NRS by 1961, 588; A 1963, 534; 1975, 106;
1979, 906; 1983, 1250; 1989, 511; 1995, 834)
NRS 322.060 Certain leases or easements over state lands: Size of area;
terms and consideration; form and preparation. Subject
to the provisions of NRS 321.335,
leases or easements authorized pursuant to the provisions of NRS 322.050, and not made for the purpose of
extracting oil, coal or gas or the utilization of geothermal resources from the
lands leased, must be:
1. For such areas as may be required to
accomplish the purpose for which the land is leased or the easement granted.
2. Except as otherwise provided in NRS 322.061, 322.063, 322.065 and 322.067, for
such term and consideration as the Administrator of the Division of State Lands
of the State Department of Conservation and Natural Resources, as ex officio
State Land Registrar, may determine reasonable based upon the fair market value
of the land.
3. Executed upon a form to be prepared by
the Attorney General. The form must contain all of the covenants and agreements
usual or necessary to such leases or easements.
(Added to NRS by 1961, 588; A 1975, 107, 512; 1989, 511; 1995, 834; 1997, 512; 2001, 906; 2005, 1457, 2680; 2013, 2691)
NRS 322.061 Lease of land to certain persons at reduced rate; requirements;
approval of lease; determination of rent; waiver of requirements.
1. The Administrator of the Division of
State Lands of the State Department of Conservation and Natural Resources, as
ex officio State Land Registrar, may lease state land pursuant to NRS 322.060 for less than the fair market value of the
state land for the first year of the lease, including, without limitation,
without the payment of rent for the first year of the lease, to a person who
intends to locate or expand a business in this State if, except as otherwise
provided in subsection 5, the business meets the requirements of subsection 4.
2. Before state land may be leased
pursuant to this section, the following persons must approve the lease and
establish the recommended amount of rent to be received for the state land:
(a) The Administrator of the Division of State
Lands, as ex officio State Land Registrar;
(b) The Administrator of the State Public Works
Division of the Department of Administration; and
(c) The Executive Director of the Office of
Economic Development.
3. Any lease entered into pursuant to this
section must be for a term of at least 10 years.
4. Except as otherwise provided in
subsection 5, the lease or agreement may not include a discount to the business
for the first year unless:
(a) The business is consistent with:
(1) The State Plan for Economic
Development developed by the Executive Director of the Office of Economic
Development pursuant to subsection 2 of NRS
231.053; and
(2) Any guidelines adopted by the
Executive Director of the Office to implement the State Plan for Economic
Development.
(b) The business is registered pursuant to the
laws of this State or the person who intends to locate or expand the business
in this State commits to obtain a valid business license and all other permits required
by the county, city or town in which the business operates.
(c) If the business is a new business in a county
whose population is 100,000 or more or a city whose population is 60,000 or
more, the business meets at least two of the following requirements:
(1) The business will have 75 or more
full-time employees on the payroll of the business by the fourth quarter that
it is in operation.
(2) Establishing the business will require
the business to make a capital investment of at least $1,000,000 in this State.
(3) The average hourly wage that will be
paid by the new business to its employees in this State is at least 100 percent
of the average statewide hourly wage as established by the Employment Security
Division of the Department of Employment, Training and Rehabilitation on July 1
of each fiscal year and:
(I) The business will provide a
health insurance plan for all employees that includes an option for health
insurance coverage for dependents of the employees; and
(II) The cost to the business for
the benefits the business provides to its employees in this State will meet the
minimum requirements for benefits established by the Office by regulation
pursuant to subsection 8 of NRS 360.750.
(d) If the business is a new business in a county
whose population is less than 100,000 or a city whose population is less than
60,000, the business meets at least two of the following requirements:
(1) The business will have 15 or more
full-time employees on the payroll of the business by the fourth quarter that
it is in operation.
(2) Establishing the business will require
the business to make a capital investment of at least $250,000 in this State.
(3) The average hourly wage that will be
paid by the new business to its employees in this State is at least 100 percent
of the average statewide hourly wage or the average countywide hourly wage,
whichever is less, as established by the Employment Security Division of the
Department of Employment, Training and Rehabilitation on July 1 of each fiscal
year and:
(I) The business will provide a
health insurance plan for all employees that includes an option for health
insurance coverage for dependents of the employees; and
(II) The cost to the business for
the benefits the business provides to its employees in this State will meet the
minimum requirements for benefits established by the Office by regulation
pursuant to subsection 8 of NRS 360.750.
(e) If the business is an existing business, the
business meets at least two of the following requirements:
(1) The business will increase the number
of employees on its payroll by 10 percent more than it employed in the
immediately preceding fiscal year or by six employees, whichever is greater.
(2) The business will expand by making a
capital investment in this State in an amount equal to at least 20 percent of
the value of the tangible property possessed by the business in the immediately
preceding fiscal year. The determination of the value of the tangible property
possessed by the business in the immediately preceding fiscal year must be made
by the:
(I) County assessor of the county in
which the business will expand, if the business is locally assessed; or
(II) The Department of Taxation, if
the business is centrally assessed.
(3) The average hourly wage that will be
paid by the existing business to its new employees in this State is at least
the amount of the average hourly wage required to be paid by businesses
pursuant to subparagraph (2) of either paragraph (a) or (b) of subsection 2 of NRS 361.0687, whichever is applicable,
and:
(I) The business will provide a
health insurance plan for all new employees that includes an option for health
insurance coverage for dependents of the employees; and
(II) The cost to the business for
the benefits the business provides to its new employees in this State will meet
the minimum requirements for benefits established by the Office by regulation
pursuant to subsection 8 of NRS 360.750.
(f) In lieu of meeting the requirements of
paragraph (c), (d) or (e), if the business furthers the development and
refinement of intellectual property, a patent or a copyright into a commercial
product, the business meets at least two of the following requirements:
(1) The business will have 10 or more
full-time employees on the payroll of the business by the fourth quarter that it
is in operation.
(2) Establishing the business will require
the business to make a capital investment of at least $500,000 in this State.
(3) The average hourly wage that will be
paid by the new business to its employees in this State is at least the amount
of the average hourly wage required to be paid by businesses pursuant to
subparagraph (2) of either paragraph (a) or (b) of subsection 2 of NRS 361.0687, whichever is applicable, and:
(I) The business will provide a
health insurance plan for all employees that includes an option for health
insurance coverage for dependents of the employees; and
(II) The cost to the business for
the benefits the business provides to its employees in this State will meet
with minimum requirements established by the Office by regulation pursuant to
subsection 8 of NRS 360.750.
5. The Executive Director of the Office of
Economic Development may waive the requirements of subsection 4 for good cause
shown if the lease is for state land of less than 25,000 square feet.
(Added to NRS by 2013, 2688)
NRS 322.063 Lease of state land to certain state officers or employees for
reduced charge; approval of lease; determination of rent; waiver of fee.
1. The Administrator of the Division of
State Lands of the State Department of Conservation and Natural Resources, as
ex officio State Land Registrar, may, pursuant to NRS
322.060, lease residential property owned by the State of Nevada for less
than the fair market value of the property to an officer or employee of this
State who is required as a condition of his or her employment to reside in
residential property owned by this State.
2. Before residential property may be
leased pursuant to this section, the State Land Registrar, in cooperation with
the head of the state agency that manages the property, must approve the lease
and determine the amount of rent for the lease of the property.
3. The State Land Registrar may waive any
fee for the consideration of an application to lease property pursuant to this
section.
(Added to NRS by 2001, 906)
NRS 322.065 Lease of state land to certain nonprofit organizations or
educational institutions for reduced charge; approval of lease; determination
of rent; waiver of fee; exclusions.
1. Except as otherwise provided in this
section, land may be leased pursuant to NRS 322.060
to:
(a) A nonprofit organization that is recognized
as exempt under section 501(c)(3) of the Internal Revenue Code and is
affiliated by contract or other written agreement with an agency of this State;
or
(b) A public educational institution,
Ê under such
terms and for such consideration as the Administrator of the Division of State
Lands of the State Department of Conservation and Natural Resources, as ex
officio State Land Registrar, determines reasonable based upon the costs and
benefits to the State and the recommendation of the persons who approve the
lease.
2. To lease property pursuant to this
section, at least two of the following persons must approve the lease and
establish the recommended amount of rent to be received for the property:
(a) The Administrator of the Division of State
Lands of the State Department of Conservation and Natural Resources, as ex
officio State Land Registrar.
(b) The Administrator of the State Public Works
Division of the Department of Administration.
(c) The Director of the Department of Health and
Human Services or a person designated by the Director.
Ê Such persons
shall render a decision on an application to lease property pursuant to this
section within 60 days after the application is filed with the Administrator of
the Division of State Lands.
3. In determining the amount of rent for
the lease of property pursuant to this section, consideration must be given to:
(a) The amount the lessee is able to pay;
(b) Whether the property will be used by the
lessee to perform a service of value to members of the general public; and
(c) Whether the service to be performed on the
property will be of assistance to any agency of this State.
4. The State Land Registrar may waive any
fee for the consideration of an application submitted pursuant to this section.
5. The provisions of this section do not
apply to property granted to the State by the Federal Government and held in
trust by the State for educational purposes.
(Added to NRS by 1995, 833)
NRS 322.067 Waiver of fee for grant of easement to local government for
public road.
1. Upon the request of the governing body
of a local government, the Administrator of the Division of State Lands of the
State Department of Conservation and Natural Resources, as ex officio State
Land Registrar, may grant an easement for a public road to the governing body
without charging a fee if the governing body agrees to pay the actual costs
incurred by the State Land Registrar in granting the easement.
2. As used in this section, “local
government” has the meaning ascribed to it in NRS 354.474.
(Added to NRS by 1995, 834)
NRS 322.070 Leases of land for private development. The
State Land Registrar may lease for private development any land except contract
land owned by the State of Nevada to produce public revenue. Such a lease may
be for a term not to exceed 99 years.
(Added to NRS by 1983, 1260)
NRS 322.075 Fees for leases of land for grazing livestock: Conditions;
determination of minimum fee. Unless
the fee for the term or any portion of the term of a lease of land for grazing
livestock is determined pursuant to NRS 322.060:
1. The fee for the term or any portion of
the term of the lease must be based on the fair market value of the interest
leased, but must not be less than:
(a) The minimum grazing fee determined pursuant
to subsection 2; or
(b) The base value specified in subsection 3,
Ê whichever is
greater, for each animal unit month leased.
2. To determine the minimum grazing fee
for the purposes of subsection 1, the Administrator of the Division of State
Lands of the State Department of Conservation and Natural Resources, as ex
officio State Land Registrar, shall:
(a) For each of the 3 years immediately preceding
the year in which the land is leased:
(1) Divide the price of beef cattle as set
forth in the beef price index for that year by the cost to produce livestock as
set forth in the production price index for that year; and
(2) Multiply the quotient calculated
pursuant to subparagraph (1) by the base value specified in subsection 3 for
that year; and
(b) Upon determining an amount for each year
pursuant to paragraph (a), add each of those amounts and divide the sum by 3.
3. For the purposes of this section, the
base value is $1.94 for the period beginning on July 1, 1997, and ending on
December 31, 2003. On January 1, 2004, and every 6 years thereafter, the
Administrator shall revise the base value to adjust for inflation.
4. As used in this section:
(a) “Animal unit month” means the amount of
forage required to sustain one cow for one month.
(b) “Beef price index” means the index that:
(1) Indicates the price of beef cattle in
this State; and
(2) Is calculated by the Administrator
from data published annually by the United States Department of Agriculture.
(c) “Production price index” means the index
that:
(1) Indicates the cost to produce
livestock, including the costs related to interest, taxes and wages; and
(2) Is published annually by the United
States Department of Agriculture.
(Added to NRS by 1997, 3394)
OTHER LAWFUL USES
NRS 322.100 Authority of State Land Registrar to issue permit, license or
other authorization for any lawful use; fees.
1. In addition to any other authority
granted pursuant to this chapter, the State Land Registrar may:
(a) Issue a permit, license or other
authorization for any lawful use of state land administered by the Division of
State Lands of the State Department of Conservation and Natural Resources; and
(b) Except as otherwise provided by specific
statute, charge a fee for the issuance of such a permit, license or other
authorization in such an amount as the State Land Registrar determines to be
reasonable based upon the fair market value of the use.
2. The receipt of a permit, license or
other authorization issued pursuant to this section does not excuse the
recipient from compliance with any other provision of law regarding the use to
which the permit, license or other authorization applies, including any
requirements to obtain any other permits, licenses or authorizations regarding
that use.
(Added to NRS by 1993, 1457)
NRS 322.1003 Permit, license or other authorization to use state land or
state facilities for recreational purpose: Statement by applicant concerning
payment of child support; grounds for denial. [Effective until the date of the
repeal of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings.]
1. An applicant for a permit, license or
other authorization to use state land or state facilities for a recreational
purpose shall, if the permit, license or other authorization does not expire
less than 6 months after it is issued, submit to the State Land Registrar the
statement prescribed by the Division of Welfare and Supportive Services of the
Department of Health and Human Services pursuant to NRS 425.520. The statement must be
completed and signed by the applicant.
2. The State Land Registrar shall include
the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance of the permit, license or other authorization; or
(b) A separate form prescribed by the State Land
Registrar.
3. A permit, license or other authorization
to use state land or state facilities for a recreational purpose that does not
expire less than 6 months after it is issued may not be issued by the State
Land Registrar if the applicant:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that he or she is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the State
Land Registrar shall advise the applicant to contact the district attorney or
other public agency enforcing the order to determine the actions that the
applicant may take to satisfy the arrearage.
(Added to NRS by 1997, 2045)
NRS 322.1005 Permit, license or other authorization to use state land or
state facilities for recreational purpose: Suspension for failure to pay child
support or comply with certain subpoenas or warrants; reinstatement. [Effective
until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each
state to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. If the State Land Registrar receives a
copy of a court order issued pursuant to NRS
425.540 that provides for the suspension of all professional, occupational
and recreational licenses, certificates and permits issued to a person who is
the holder of a permit, license or other authorization to use state land or
state facilities for a recreational purpose, the State Land Registrar shall, if
the permit does not expire less than 6 months after it is issued, deem the
permit, license or other authorization issued to that person to be suspended at
the end of the 30th day after the date on which the court order was issued
unless the State Land Registrar receives a letter issued to the holder of the
permit, license or other authorization by the district attorney or other public
agency pursuant to NRS 425.550 stating
that the holder of the permit, license or other authorization has complied with
the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The State Land Registrar shall
reinstate a permit, license or other authorization to use state land or state
facilities for a recreational purpose that has been suspended by a district
court pursuant to NRS 425.540 if the
State Land Registrar receives a letter issued by the district attorney or other
public agency pursuant to NRS 425.550
to the person whose permit, license or other authorization was suspended
stating that the person whose permit, license or other authorization was
suspended has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.
(Added to NRS by 1997, 2046)
NRS 322.1007 Performance of work below high water mark of navigable river:
Application and fees for permit; conditions under which permit not required.
1. If an emergency causes an immediate
threat to life, health or property, a person may perform work below the high
water mark of a navigable river to the extent necessary to protect life, health
or property without first submitting an application to or securing a permit
from the State Land Registrar. If reasonably practicable, before proceeding
with any such work, the person shall notify the State Land Registrar of the
emergency by telephone or other means. Upon completion of the work, the person
initiating the work shall file an application with the State Land Registrar as
required for the work completed.
2. Neither an application to nor a permit
from the State Land Registrar is required for work performed below the high
water mark of a navigable river which constitutes routine maintenance or minor
repairs, or both, of an:
(a) Irrigation diversion structure; or
(b) Outfall structure that is regulated by an
individual permit issued pursuant to NRS
445A.300 to 445A.730, inclusive,
Ê if the
irrigation diversion structure or outfall structure is not altered beyond the
existing permitted size, configuration and location and the river bed is not
disturbed.
3. Except as otherwise provided in
subsections 1 and 4, a person must file an application with the State Land
Registrar and pay any required application fee but is not required to secure a
permit from the State Land Registrar to perform work below the high water mark
of a navigable river for the following types of projects:
(a) Clearance of vegetation that restricts the
capacity of the channel or the flow of water of a navigable river, or both;
(b) Clearance of debris or temporary obstructions
that restrict the capacity of the channel or the flow of water of a navigable
river, or both; or
(c) Bank stabilization or restoration, where all
materials used are appropriate natural materials as determined by the State
Land Registrar.
4. Unless otherwise notified by the State
Land Registrar, the person may proceed pursuant to subsection 3 with any such
work 14 days after a completed application and any required fees are submitted
to the State Land Registrar.
5. Work authorized by subsections 2 and 3:
(a) Must be performed in accordance with best
management practices to protect water quality; and
(b) Must not significantly disturb or alter the
river bed or banks or the flow of water or alter the capacity of the channel.
6. Except as otherwise provided by
subsections 1, 2 and 3, a person must secure a permit from the State Land
Registrar before proceeding with any work below the high water mark of a
navigable river, including, but not limited to:
(a) Dredging or filling;
(b) Bank stabilization or restoration, where all
materials used are not appropriate natural materials as determined by the State
Land Registrar;
(c) Channel clearance; or
(d) Construction of irrigation diversions.
7. The State Land Registrar shall process
the application for a permit required by subsection 6 and issue the permit or
notify the applicant that the application has been denied, within 60 days after
the receipt of a completed application and any required application fee. This
period may be extended by mutual agreement between the State Land Registrar and
the applicant.
8. Unless the period for acting upon the
application is extended by mutual agreement pursuant to subsection 7, a
completed application, which was properly submitted pursuant to subsection 7
with any required fees, that is not acted upon by the State Land Registrar
within 60 days after receipt shall be deemed approved and the work requested
may proceed upon payment by the applicant of any required fee for the permit.
9. All state agencies which have
jurisdiction within a navigable river shall cooperate with the State Land
Registrar in compiling information needed to process a permit pursuant to
subsection 7 and shall provide a timely response to a request from the State
Land Registrar for information or assistance.
10. Compliance with the provisions of this
section does not relieve an applicant from the duty to comply with the
provisions of NRS 455.080 to 455.180, inclusive, and any other
applicable requirements of other state, local, regional or federal entities.
11. As used in this section, “high water
mark” means the mean high water line to which high water ordinarily reaches,
not including floodwaters.
(Added to NRS by 1997, 1260)
NRS 322.110 Fees for consideration of applications for use of state lands;
waiver of fee.
1. Except as otherwise provided in this
section or by specific statute, the State Land Registrar shall charge the following
nonrefundable fees:
(a) For the consideration of an application for
the issuance of any lease, easement, permit, license or other authorization
for:
(1) Any commercial use of state land other
than an agricultural use, a fee of $200.
(2) Any agricultural use of state land, a
fee of $150.
(3) Any other use of state land, a fee of
$100.
(b) For the consideration of an application for
the amendment of any lease, easement, permit, license or other authorization
for:
(1) Any commercial use of state land other
than an agricultural use, a fee of $100.
(2) Any agricultural use of state land, a
fee of $75.
(3) Any other use of state land, a fee of
$50.
2. The State Land Registrar shall charge a
nonrefundable fee of $10 for the consideration of an application for the
issuance or amendment of a permit to engage in recreational dredging.
3. The State Land Registrar may waive any
fee for the consideration of an application regarding any permit, license or
other authorization for the use of state land for which no fee is charged.
(Added to NRS by 1993, 1457)
NRS 322.120 Fees: Permit for use of piers or other related facilities;
permit for use of boat hoist, boat house, boat ramp, boat slip, deck, mooring
buoy or similar devices. Except as
otherwise provided by specific statute, the State Land Registrar shall charge
for the issuance of:
1. A permit for:
(a) The commercial use of a pier or other
facility for loading passengers on vessels in a navigable body of water, a fee
of $125 per year.
(b) The multiple residential use of a pier or
other facility for loading passengers on vessels in a navigable body of water,
a fee of $62.50 per year.
(c) The single residential use of a pier or other
facility for loading passengers on vessels in a navigable body of water, a fee
of $50 per year.
(d) Any other use of a pier or other facility for
loading passengers on vessels in a navigable body of water, a fee of $62.50 per
year.
2. A permit for:
(a) The commercial use:
(1) Of a boat hoist, boat house, boat
ramp, boat slip, deck or a similar device or structure in or on a navigable
body of water, a fee of $50 per year, except that no fee may be charged for a
boat hoist, boat house or deck which is attached to a pier.
(2) Of a mooring buoy or similar device
for mooring vessels in or on a navigable body of water, a fee of $10 per month
or $100 per year.
(b) Any other use:
(1) Of a boat hoist, boat house, boat
ramp, boat slip, deck or a similar device or structure in or on a navigable
body of water, a fee of $25 per year, except that no fee may be charged for a
boat hoist, boat house or deck which is attached to a pier.
(2) Of a mooring buoy or similar device for
mooring vessels in or on a navigable body of water, a fee of $5 per month or
$30 per year.
(c) Any use of a boat-fueling facility in or on a
navigable body of water, a fee of $250 per year.
(Added to NRS by 1993, 1457; A 1995, 578, 2511)
NRS 322.125 Credit toward fee for commercial use of state land.
1. The State Land Registrar shall grant a
person credit towards the fee required pursuant to NRS
322.120 for the commercial use of state land in an amount equal to:
(a) The amount that the total fees charged to
that person pursuant to that section for the previous year exceeded one and
one-half cents for each gallon of fuel sold plus 5 percent of that person’s
gross revenue from the commercial use of that state land, excluding the sale of
fuel, for that year;
(b) The amount that the United States Forest
Service returned to the State of Nevada from money that the person was required
to pay pursuant to a lease or permit to use federal land during the previous
year which is attributable to revenues earned on land belonging to the State of
Nevada; and
(c) The difference between the fee for a permit
for commercial use and the fee for a permit for multiple residential use if
during the previous year the person paid the fee for a permit for commercial
use but did not conduct that commercial use.
2. A person who is eligible for a credit
pursuant to subsection 1 shall demonstrate to the satisfaction of the State
Land Registrar that the person is entitled to such a credit.
3. If the amount of a credit granted
pursuant to this section exceeds the amount of the fee imposed pursuant to NRS 322.120 for the year in which the credit will be
used, the excess credit is forfeited and the State Land Registrar shall not
grant a refund or apply the credit to any other year.
(Added to NRS by 1995, 2510)
NRS 322.130 Fee for permit for dredging or filling, construction or
installation of certain structures. Except
as otherwise provided by specific statute, the State Land Registrar shall
charge for:
1. A permit to engage in a project for
dredging or filling, to construct or install any gabion, riprap or similar
protective structure on state land or in a navigable body of water, or to
construct or install any groin, seawall, breakwater, jetty or similar
protective structure in a navigable body of water, for:
(a) Any commercial use other than an agricultural
use, a fee of $1,000.
(b) Any agricultural use, a fee of $300.
(c) Any other use, except as otherwise provided
in subsection 2, a fee of $250.
2. A permit to engage in recreational
dredging, a fee of $50 per year or $5 per day.
3. A permit to construct or install a
structure on state land for the diversion of water to irrigate any land for
agricultural use, a fee of $100. The State Land Registrar shall not charge a
fee for the use of state land to maintain or repair such a structure.
(Added to NRS by 1993, 1458)
NRS 322.140 Waiver of fees by State Land Registrar. The
State Land Registrar may waive a fee for the issuance of any permit, license or
other authorization for the use of state land:
1. To protect or promote the public health
or safety; or
2. For a short term, if the use:
(a) Is not conducted primarily for profit; and
(b) Is conducted in such a manner as to cause no
essential change in or damage to the state land.
(Added to NRS by 1993, 1458; A 1995, 2512)
NRS 322.150 Exemption from fees for assignment of state lands to state
agency. The State Land Registrar
shall not charge any fee pursuant to NRS 322.100 to
322.130, inclusive, for the assignment of any land
or interest in land, pursuant to NRS
321.003, to a state agency for use and administration.
(Added to NRS by 1993, 1458)
NRS 322.160 Accounting and use of proceeds of fees. The
proceeds of any fee charged pursuant to NRS 322.100
to 322.130, inclusive, must be accounted for by the
State Land Registrar and:
1. If the fee is for any authorization to
use land granted to the State by the Federal Government for educational
purposes, the proceeds must be paid into the State Treasury for credit to the
State Permanent School Fund.
2. If the fee is for any authorization to
use any other state land, the proceeds must be paid into the State Treasury for
credit to the State General Fund.
(Added to NRS by 1993, 1459; A 1995, 811; 1997, 1262)
NRS 322.170 Regulations. The
State Land Registrar shall adopt such regulations as are necessary to carry out
the provisions of NRS 322.100 to 322.160, inclusive.
(Added to NRS by 1993, 1459; A 1995, 2512; 1997, 1262, 2046)
