[Rev. 2/10/2015 4:50:23
PM--2014R2]
CHAPTER 278 - PLANNING AND ZONING
GENERAL PROVISIONS
NRS 278.010 Definitions.
NRS 278.0103 “Aboveground
utility” defined.
NRS 278.0105 “Affordable
housing” defined.
NRS 278.0107 “Average
residential density” defined.
NRS 278.011 “Building
code” defined.
NRS 278.0115 “Building
official” defined.
NRS 278.012 “Cities
and counties” defined.
NRS 278.0125 “City
surveyor” defined.
NRS 278.013 “Commission”
and “planning commission” defined.
NRS 278.0135 “Common-interest
community” defined.
NRS 278.014 “County
surveyor” defined.
NRS 278.0145 “Final
map” defined.
NRS 278.0147 “Gaming
enterprise district” defined.
NRS 278.015 “Governing
body” defined.
NRS 278.0153 “Historic
neighborhood” defined.
NRS 278.0155 “Improvement”
defined.
NRS 278.0157 “Infrastructure”
and “public facilities” defined.
NRS 278.016 “Local
ordinance” defined.
NRS 278.0165 “Lot”
defined.
NRS 278.0166 “Military
installation” defined.
NRS 278.0167 “Mobile
home park” defined.
NRS 278.017 “Parcel
map” defined.
NRS 278.0172 “Regional
planning coalition” defined.
NRS 278.0173 “Renewable
energy” defined.
NRS 278.01735 “Renewable
energy generation project” defined.
NRS 278.0174 “Residential
dwelling unit” defined.
NRS 278.0175 “Right-of-way”
defined.
NRS 278.0177 “Rural
preservation neighborhood” defined.
NRS 278.018 “Streets”
defined.
NRS 278.0185 “Subdivider”
defined.
NRS 278.019 “Tentative
map” defined.
NRS 278.0193 “Used
for residential purposes” defined.
NRS 278.0195 “Utility
project” defined.
NRS 278.020 Regulation
by governing bodies of improvement of land and location of structures for
general welfare.
NRS 278.0201 Agreement
with governing body concerning development of land: Manner and contents;
extension of period for commencement of construction under certain
circumstances; applicable ordinances, resolutions and regulations; restrictions
on subsequent action by governing body.
NRS 278.0203 Agreement
with governing body concerning development of land: Approval by ordinance;
recording.
NRS 278.0205 Agreement
with governing body concerning development of land: Amendment or cancellation;
review of development by governing body; notice; approval of amendment; filing
and recording of amendment.
NRS 278.0207 Agreement
with governing body concerning development of land: Recording of certified copy
of ordinance adopting agreement.
NRS 278.02073 Building
permit for residential or commercial project: Extension of period of validity
when financing is not available and land is leased for renewable energy
generation project.
NRS 278.02077 Prohibition
against prohibiting or unreasonably restricting use of system for obtaining
wind energy; exceptions.
NRS 278.0208 Prohibition
against prohibiting or unreasonably restricting use of system for obtaining
solar energy.
NRS 278.02081 Mandatory
consideration of certain standards and guidelines if governing body establishes
committee or task force on sustainable energy.
NRS 278.02083 Prohibition
against restricting right of owner to display United States flag on real
property; limitations; recovery of attorney’s fees and costs in action for
enforcement.
NRS 278.02085 Amateur
radio: Limitations on restrictions on amateur service communications;
limitations on regulation of station antenna structures; exception.
NRS 278.0209 Factory-built
housing: Inclusion in definition of “single-family residence”; standards for
safety and development; installation prohibited under certain circumstances.
NRS 278.02095 Manufactured
homes: Inclusion in definition of “single-family residence”; governing body to
adopt standards for placement outside mobile home park; surrender of
certificate of ownership of certain manufactured homes to Manufactured Housing
Division; limitations.
NRS 278.0211 Standards
and specifications relating to school buildings in certain counties to be
consistent and developed in conjunction with school district.
NRS 278.0213 Obstruction
of outdoor advertising structures by certain improvement projects: Required
action by governing body; limitations on authorized actions; implementation and
applicability of provisions.
NRS 278.0215 Nonconforming
outdoor advertising structures: City or county to pay just compensation or
authorize relocation if it requires removal or prohibits routine maintenance;
exceptions; required removal of structure pursuant to amortization schedule
prohibited; public hearing required in certain circumstances; appeal of amount
of just compensation.
NRS 278.0217 Certain
documents to be retained by governing body or other entity that causes notices
of hearing to be provided.
NRS 278.022 Restriction
of adult motion picture theaters and bookstores: Declaration of legislative
intent.
NRS 278.0221 Restriction
of adult motion picture theaters and bookstores: Definitions.
NRS 278.0222 Restriction
of adult motion picture theaters and bookstores: Authority of commission and
governing body.
NRS 278.0226 Preparation
of annual plan for capital improvements; contents of plan.
NRS 278.023 Enactment
of separate zoning and planning ordinances for specific parts of territories.
NRS 278.0231 Requirement
to place street address or identifying number on exterior of certain buildings;
notice of violation.
NRS 278.02313 Maintenance,
reconstruction and repair of sidewalks: Circumstances under which governing
body may compel action by owner of property.
NRS 278.02315 Inclusion
of provisions for placement of recycling containers in plans for construction
or major renovation of apartment complex or condominium.
NRS 278.02317 Governing
body may not require dedication of real property as condition for issuance of
building permit; exceptions.
NRS 278.0232 Closure
or conversion of mobile home park: Report required to be filed with planning
commission or governing body.
NRS 278.02325 Conversion
of existing mobile home park into individually owned lots: Restrictions
governing body, commission or board may not impose as condition of approval.
NRS 278.02327 Application
for matter relating to land use planning required to be complete for acceptance
by governing body; review for completeness; procedure for return of incomplete
application.
NRS 278.0233 Actions
against agency: Conditions and limitations.
NRS 278.0235 Actions
against agency: Commencement.
NRS 278.0237 Actions
against agency: Defenses; attorney’s fees, court costs and interest; remedy
cumulative.
GROUP HOMES
NRS 278.0238 Definitions.
[Repealed.]
NRS 278.02381 “Halfway
house for recovering alcohol and drug abusers” defined. [Repealed.]
NRS 278.02382 “Health
Division” defined. [Repealed.]
NRS 278.02383 “Home
for individual residential care” defined. [Repealed.]
NRS 278.02384 “Residential
establishment” defined. [Repealed.]
NRS 278.02385 “Residential
facility for groups” defined. [Repealed.]
NRS 278.02386 Certain
homes and facilities required to be included in definition of “single-family
residence” in city and county ordinances; exclusions; siting of residential
establishments in certain larger counties; special use permits; restriction on
application of section. [Repealed.]
NRS 278.02387 Registry
of group homes: Transmission of information; compilation and maintenance by
Health Division; contents; availability. [Repealed.]
NRS 278.02388 Prerequisites
to approval or issuance of rezoning, zone variance or special use permit
necessary to operate residential establishment; conditional approval or
issuance. [Repealed.]
SPRING MOUNTAINS AND RED ROCK CANYON
NRS 278.0239 Supremacy
of limits upon development established by certain special legislative acts.
REGIONAL PLANNING AGENCIES
NRS 278.024 Powers
of Nevada Tahoe Regional Planning Agency. [Effective upon the proclamation by
the Governor of this State of the withdrawal by the State of California from
the Tahoe Regional Planning Compact or of a finding by the Governor of this
State that the Tahoe Regional Planning Agency has become unable to perform its
duties or exercise its powers.]
NRS 278.025 Powers
of regional planning agency created by interstate compact.
REGIONAL PLANNING IN COUNTIES WHOSE POPULATION IS 700,000 OR
MORE
General Provisions
NRS 278.02507 Applicability.
NRS 278.02514 Regional
planning coalition: Establishment.
Comprehensive Regional Policy Planning
NRS 278.02521 Legislative
intent.
NRS 278.02528 Comprehensive
regional policy plan: Development by regional planning coalition; contents;
prerequisites to adoption and amendment.
NRS 278.02535 Regional
planning coalition: Study and development of incentives for certain types of
development.
NRS 278.02542 Regional
planning coalition: Powers; establishment of definition for term “project of
regional significance.”
NRS 278.02549 Certain
public entities to submit plans to regional planning coalition for review; certain
public entities to ensure consistency of land use plans and decisions with
comprehensive regional policy plan and certified plans.
NRS 278.02556 Certain
public entities prohibited from adopting or amending certain plans after March
1, 2001, unless regional planning coalition afforded opportunity to make
recommendations; exception.
NRS 278.02563 Regional
planning coalition to annually prepare, adopt and submit budget to local
governments in region.
NRS 278.0257 Regional
planning coalition authorized to employ persons and contract for services to
carry out certain duties.
NRS 278.02577 Regional
planning coalition to review plans of public entities for conformance with
comprehensive regional policy plan; procedure upon determination of nonconformance
or conformance; grants to city or county.
Planning for Land Use, Transportation and Air Quality
NRS 278.02584 Regional
planning coalition to cooperate with local air pollution control board and
regional transportation commission for consistency of action and to carry out
program of integrated, long-range planning; public hearings; preparation and
submission of report.
NRS 278.02587 Bus
turnouts: Designation of locations for and funding of construction by regional
transportation commission; construction pursuant to interlocal or cooperative
agreement; technical advisory committee.
Extension of Infrastructure to Undeveloped Areas
NRS 278.02591 Analysis
by governing body of cost to construct infrastructure in undeveloped area:
Establishment; contents; approval; provision to regional planning coalition.
NRS 278.02598 Governing
body authorized to negotiate master development agreements to carry out plan
for infrastructure.
REGIONAL PLANNING IN COUNTIES WHOSE POPULATION IS 100,000 OR
MORE BUT LESS THAN 700,000
NRS 278.026 Definitions.
NRS 278.0261 Legislative
findings and declaration.
NRS 278.0262 Regional
planning commission: Creation; membership; chair; compensation; training.
NRS 278.0263 Regional
planning commission: Request for assistance.
NRS 278.02632 Regional
planning commission: Study and development of incentives for certain types of
development.
NRS 278.0264 Governing
board for regional planning: Creation; membership; chair; compensation;
operational needs; capacity to sue and be sued; budget.
NRS 278.0265 Governing
board for regional planning: Adoption of regulations; prescription of training
for members of regional planning commission; fees for services provided; entry
into cooperative agreements and interlocal agreements.
NRS 278.0266 Director
of regional planning: Appointment; qualifications; powers and duties.
NRS 278.0268 Appointment
of subcommittees and advisory committees.
NRS 278.0272 Development,
review and amendment of regional plan; public hearings required.
NRS 278.0274 Contents
of regional plan.
NRS 278.0276 Adoption
of regional plan.
NRS 278.0277 Project
of regional significance: Adoption of guidelines and procedures for review of
proposal.
NRS 278.0278 Project
of regional significance: Finding of conformance with adopted regional plan
required before final approval and commencement of construction; appeal of
determination to governing board.
NRS 278.02784 Joint
planning area: Designation in regional plan; master plan required for area.
NRS 278.02786 Joint
planning area: Procedure for recommendation and adoption of master plan.
NRS 278.02788 Adoption
of master plan for sphere of influence; appeal of decision concerning use of
land within sphere of influence.
NRS 278.028 Review
and amendment of existing master plan, facilities plan or other similar plan;
objection filed with regional planning commission; appeal of final
determination to board.
NRS 278.0282 Review
of proposed adoption or amendment of master plan, facilities plan or other
similar plan; objection filed with regional planning commission; appeal of
final determination to board.
NRS 278.0284 Conformity
of local ordinances and regulations to master plan.
NRS 278.0286 Annual
report by local planning commission; local government to file information
relating to proposed actions concerning regional plan.
NRS 278.0288 Exempted
region.
NRS 278.029 Facilities
plan not required.
PLANNING COMMISSIONS
NRS 278.030 Creation
by cities and counties; number of members.
NRS 278.040 Members:
Appointment; qualifications; compensation and expenses; terms; removal;
vacancies.
NRS 278.050 Meetings;
rules; records; continuances.
NRS 278.060 Chair:
Election; term.
NRS 278.070 Additional
officers; employees; consultants.
NRS 278.080 Expenditures;
operational needs.
NRS 278.090 Regional
planning commission: Creation; selection of representatives.
NRS 278.100 Regional
planning commission: Members; terms; membership on city or county planning
commission not public office; compensation; removal; vacancies.
NRS 278.110 Regional
planning commission: Chair; employees.
NRS 278.120 Regional
planning commission: Appropriation of money for expenses.
NRS 278.130 Regional
planning commission: Performance of duties and functions of city or county
planning commission; regional or intergovernmental decisions.
NRS 278.140 Regional
planning districts: Formation and functions.
NRS 278.145 Report
of location of utility project.
NRS 278.147 Facilities
for use, manufacture, processing, transfer or storage of explosives or certain
other substances: Conditional use permit required; application for and issuance
of conditional use permit.
NRS 278.150 Master
plan: Preparation and adoption by planning commission; adoption by governing
body of city or county.
NRS 278.160 Elements
of master plan.
NRS 278.165 Development
and adoption of aboveground utility plan.
NRS 278.170 Coordination
of master plans; adoption of all or parts.
NRS 278.180 School
sites: Commission to notify school boards of preparation of plans for community
and public buildings.
NRS 278.185 Notice
of plan for future construction of school.
NRS 278.190 Promotion
of plans and regulations; consultations and advice; entry upon land; general
powers.
NRS 278.200 Form
of master plan.
NRS 278.210 Adoption
of master plan and amendments by commission: Notice; hearing; neighborhood
meeting; resolution; frequency of certain amendments; attested copies;
certification by electronic means.
NRS 278.220 Adoption
of master plan or part thereof by governing body; change to plan adopted by
commission.
NRS 278.225 Governing
body may establish by ordinance procedure for adopting minor amendments to
master plan; public hearing and notice required before adoption of ordinance.
NRS 278.230 Governing
body to put adopted master plan into effect.
NRS 278.235 Adoption
of measures to maintain and develop affordable housing to carry out housing
plan required in master plan; annual reports.
NRS 278.240 Approval
required for certain dedications, closures, abandonments, construction or
authorizations.
NRS 278.243 City
or county authorized to represent own interests in certain matters if governing
body has adopted master plan.
NRS 278.246 City
or county authorized to enter into certain actions if governing body has
adopted master plan.
NRS 278.250 Zoning
districts and regulations.
NRS 278.260 Determination,
establishment, enforcement and amendment of zoning regulations, restrictions
and boundaries: Procedure and prerequisites; notice and hearing; signs;
additional fee for certain applications.
NRS 278.262 Hearing
examiners: Power of governing body to appoint.
NRS 278.263 Hearing
examiners: Compensation; qualifications; removal.
NRS 278.264 Hearing
examiners: Rules of procedure.
NRS 278.265 Hearing
examiners: Notice and hearing; duties and powers; final action on certain
matters; appeal of final action.
PERMITS FOR CERTAIN UTILITY PROJECTS
NRS 278.26503 Establishment
of procedures for issuance of permit or special use permit for construction of
project.
NRS 278.26506 Petition
for review of decision of planning commission or governing body by Public
Utilities Commission of Nevada; judicial review; regulations.
ZONING BOARDS OF ADJUSTMENT
NRS 278.270 Creation.
NRS 278.280 Members:
Appointment; compensation; terms; removal; vacancies.
NRS 278.290 Meetings,
rules and records.
NRS 278.300 Powers.
NRS 278.310 Appeals:
Persons entitled to appeal to board of adjustment; procedure; appeals from
decisions of board of adjustment; alternative procedure if board of adjustment
has not been created.
SPECIAL EXCEPTIONS
NRS 278.315 Granting
of variances, special and conditional use permits and other special exceptions
by board of adjustment, planning commission or hearing examiner; appeal of
decision.
NRS 278.319 Granting
of minor deviations without hearing; appeal of decision.
APPEALS
NRS 278.3195 Governing
body to adopt ordinance allowing appeal to governing body concerning certain
decisions regarding use of land; required contents of ordinance; appeal of
decision of governing body to district court.
DIVISIONS OF LAND
Subdivision of Land: General Provisions
NRS 278.320 “Subdivision”
defined; exemptions for certain land.
NRS 278.325 Mapping
for industrial or commercial development; restriction on sale of parcel for
residential use; requirements for creating boundary by conveyance.
NRS 278.326 Local
ordinances governing improvements, mapping, accuracy, engineering and related
subjects.
NRS 278.327 Approval
of map does not preclude further division.
NRS 278.328 Final
action by planning commission on tentative map and final map: Authorization;
appeal.
NRS 278.329 Relief
from requirement to dedicate certain easements.
Subdivision of Land: Tentative Maps
NRS 278.330 Preparation
of tentative map; filing and distribution of copies; action by planning
commission.
NRS 278.335 Review
of tentative map by agencies of State; reviews and inspections by district
board of health.
NRS 278.340 Review
by city of tentative map of subdivision proposed to be located within 1 mile of
boundary of city.
NRS 278.345 Review
by county of tentative map of subdivision proposed to be located within 1 mile
of boundary of unincorporated area of county.
NRS 278.346 Tentative
map to be forwarded to school board; acquisition or disposal of school site.
NRS 278.347 Review
of tentative map by general improvement district.
NRS 278.348 Review
of tentative map by irrigation district in county whose population is less than
100,000.
NRS 278.3485 Review
of tentative map for subdivision of land containing irrigation ditch located
outside irrigation district in county whose population is less than 100,000.
NRS 278.349 Action
on tentative map by governing body; considerations in determining action on
tentative map; final disposition.
NRS 278.350 Limitations
on time for action on tentative or final map; effect of certain agreements
extending time limits covering portion of approved tentative map.
NRS 278.353 Disclosure
required when property offered for sale before final map recorded.
Subdivision of Land: Final Maps
NRS 278.360 Requirements
for presentation of final map or series of final maps; extensions of time.
NRS 278.371 Survey,
setting of monuments and preparation of final map; performance bond.
NRS 278.372 Final
map: Requirements and contents.
NRS 278.373 Certificates
and acknowledgments to appear on final map.
NRS 278.374 Certificate
of owner of land; report and guarantee of title company.
NRS 278.375 Certificate
of professional land surveyor.
NRS 278.376 Certificate
by county or city surveyor or by county or city engineer.
NRS 278.377 Certificates
of certain governmental entities required; appeal from adverse decision of
Division of Environmental Protection; copies of certain certificates to be
furnished to subdivider and purchaser.
NRS 278.378 Certificate
by clerk of governing body, planning commission or other authorized person or
agency; clerk to present final map to county recorder for recording.
NRS 278.380 Approval
of final map: General requirements; acceptance of dedications; imposition and
appeal of requirements for improvements and security.
NRS 278.385 Approval
of final map: Submission of plans to install water meters.
NRS 278.390 Title
to dedicated property passes when final map recorded; offer of dedication may
remain open.
NRS 278.450 Fee
for recording final map.
NRS 278.460 Requirements
for recording final map; county recorder to provide copy of final map or access
to digital final map to county assessor.
Parcel Maps
NRS 278.461 General
requirements; exemptions.
NRS 278.462 Requirements
which may be imposed by governing body.
NRS 278.4625 Minimum
size of mobile home lot.
NRS 278.463 Survey
required; exception.
NRS 278.464 Action
on parcel map by planning commission, governing body or other authorized person
or agency; waiver of requirement for map and survey; consideration of certain
criteria authorized in determining approval of certain parcel maps; appeals;
certificate of approval of parcel map.
NRS 278.466 Form
and contents of parcel map; reference to parcel number and recording.
NRS 278.467 Preparation,
recordation and contents of document which may be required if parcel map
waived; statement indicating that property taxes have been paid; county
recorder to provide copy of document or access to digital document to county
assessor.
NRS 278.468 Duties
of preparer of parcel map upon approval; duties of county recorder.
NRS 278.469 Map
to indicate record of survey not in conflict with planning and zoning
requirements.
Division of Land Into Large Parcels
NRS 278.471 Divisions
of land subject to NRS 278.471 to 278.4725, inclusive; exemption.
NRS 278.4713 Preparation,
contents and filing of tentative map; affidavit required.
NRS 278.4715 Waiver
of requirement to file tentative map; designation of easements.
NRS 278.472 Final
map: Filing; form and contents.
NRS 278.4725 Final
map: Action by planning commission or governing body; appeal; procedures in
event of disapproval; conditions for approval; filing; contents; fee for
recording; county recorder to provide copy of final map or access to digital
final map to county assessor.
Amendment of Plats, Surveys and Maps
NRS 278.473 Certificate
of amendment to correct or amend recorded plat, survey or map if correction or
amendment does not change location of survey monument, property line or
boundary line: Request; preparation, contents and recordation.
NRS 278.475 Amended
plat, survey or map to correct or amend recorded plat, survey or map if
correction or amendment changes location of survey monument, property line or
boundary line: Request; preparation and recordation.
NRS 278.477 Amendment
of recorded plat, map or survey which changes location of survey monument,
property line or boundary line: Procedures and requirements.
Maintenance of Certain Improvements
NRS 278.478 Definitions.
NRS 278.4781 “Landscaping”
defined.
NRS 278.4783 “Public
lighting” defined.
NRS 278.4785 “Security
wall” defined.
NRS 278.4787 Assumption
of maintenance by governing body.
NRS 278.4789 Provision
through association for common-interest community; notice of failure to
maintain; hearings; remedies of governing body.
Vacation or Abandonment of Streets, Easements or Maps; Reversion
of Divided Land
NRS 278.479 “Contiguous”
defined.
NRS 278.480 Vacation
or abandonment of street or easement: Procedures, prerequisites and effect;
appeal; reservation of certain easements; sale of vacated portion.
NRS 278.490 Reversion
of maps and reversion of division of land to acreage: Procedure and requirements;
exemption from certain requirements.
NRS 278.4925 Merger
and resubdivision of land without reversion to acreage: Authority; procedure;
delineation of remaining streets and easements; crediting of security.
NRS 278.4955 Requirements
for submitting map of reversion.
NRS 278.496 Requirements
for presenting map of reversion for recording.
NRS 278.4965 Map
of reversion must include certificate of approval from appropriate person.
Parks and Playgrounds for Residential Developments
NRS 278.497 Definitions.
NRS 278.4971 “Apartment
house” defined.
NRS 278.4973 “Mobile
home” defined.
NRS 278.4975 “Mobile
home lot” defined.
NRS 278.4977 “Residential
dwelling unit” defined.
NRS 278.4979 Governing
body may by ordinance require dedication of land for parks or playgrounds.
NRS 278.498 Ordinance
requiring dedication: Conformity to or adoption of plan for recreation.
NRS 278.4981 Ordinance
requiring dedication: Contents.
NRS 278.4982 Land
dedicated for park or playground: Compensation of developer for excess; plan
for development; time limited for development.
NRS 278.4983 Residential
construction tax.
NRS 278.4985 Applicability
to planned unit developments.
NRS 278.4987 Provisions
for dedication and residential construction tax mutually exclusive; concurrent
application prohibited.
Deed Restrictions for Subdivisions in Unincorporated Areas of
Certain Counties
NRS 278.563 “Construction
committee” and “deed restriction” defined.
NRS 278.564 Construction
committee: Establishment and operation pursuant to deed restrictions; officers
of committee to file affidavit with building official on annual basis; required
contents of affidavit.
NRS 278.565 Deed
restrictions: Copy to be filed with tentative map and with building official
and presented to prospective purchaser; recording of original copy.
NRS 278.566 Written
report of construction committee required before building official may issue
building permit; application for written report; exceptions.
NRS 278.567 Procedure
when construction committee inoperative.
NRS 278.568 Applicability
to preexisting subdivisions.
Miscellaneous Provisions
NRS 278.569 Reservation
in map of right-of-way for existing irrigation ditch.
NRS 278.5692 Approval
of adjustments to boundary lines by governing body.
NRS 278.5693 Requirements
for adjustment of boundary line or transfer of land involving adjacent
property.
NRS 278.5695 County
recorder required to indicate on copy of plot, plat, map or survey that
subsequent changes should be examined.
INSPECTION OF STRUCTURES AND ENFORCEMENT OF ZONING REGULATIONS
NRS 278.570 Building
official: Purpose; appointment; compensation; certification and continuing
education; employees; expenditures.
NRS 278.573 Statement
of restrictions: Delivery to owner of residence who is issued permit for
construction thereon; acknowledgment of receipt; text.
NRS 278.575 Program
to allow independent contractors to review plans for and inspect buildings.
NRS 278.577 Certain
cities and counties to require certification and continuing education for
persons who act as building official, review plans or inspect structure or building
or portion thereof; exception; application in smaller counties.
NRS 278.580 Building
codes: Adoption; fees for permits; applicability to State and Nevada System of
Higher Education; authorization of use of materials and technologies that
conserve resources in construction and use of solar or wind energy; adoption of
seismic provisions and standards.
NRS 278.581 Adoption,
enforcement and application of construction and energy codes in county whose
population is 100,000 or more.
NRS 278.582 Minimal
standards for plumbing fixtures in certain structures.
NRS 278.583 National
Electrical Code: Applicability; approval; modification.
NRS 278.585 Compliance
with appropriate city or county building code.
NRS 278.587 Duty
of city or county building official to notify State Board of Professional
Engineers and Land Surveyors concerning submission of incomplete or rejected
plans.
NRS 278.589 Duty
of city or county building official to notify State Board of Architecture,
Interior Design and Residential Design concerning submission of incomplete or
rejected plans.
UNLAWFUL ACTS AND PENALTIES
NRS 278.590 Unlawful
sale or transfer of divided land; penalties; remedies.
NRS 278.600 Unlawful
recording of map by recorder: Penalty.
NRS 278.610 Unlawful
to erect, construct, reconstruct, alter or change use of structure without
building permit; requirements for obtaining permit.
NRS 278.630 Violation
of provisions concerning maps: County assessor to determine and report
discrepancies and not place on tax roll or maps any land for which discrepancy
exists; investigation; prosecution.
IMPOSITION OF PLANS AND ZONING REGULATIONS BY GOVERNOR
NRS 278.640 Applicability
of NRS 278.640 to 278.675,
inclusive.
NRS 278.645 Imposition
by Governor of plans and zoning regulations in absence of local action;
extension of time for local action.
NRS 278.650 Requirements
of plans and zoning regulations; enforcement; hearings.
NRS 278.655 Purposes
and goals of comprehensive physical planning.
NRS 278.660 Notice
to Governor of proposed building construction.
NRS 278.665 Governor
may contract for appropriate services.
NRS 278.670 Duration
of plans and zoning regulations imposed by Governor.
NRS 278.675 Power
of Governor to institute civil actions to remedy violations.
TAX FOR IMPROVEMENT OF TRANSPORTATION
NRS 278.710 Imposition
of tax on privilege of development; special election; rate of tax; collection
of tax; use of revenue; applicability of chapter
278B of NRS.
SOUTHERN NEVADA ENTERPRISE COMMUNITY PROJECTS ACCOUNT
NRS 278.750 Creation
and administration; credit of interest and income; expenditure.
1973 NEVADA TAHOE REGIONAL PLANNING AGENCY
Findings and Declaration of Policy
NRS 278.780 Legislative
findings and declaration.
General Provisions
NRS 278.782 Definitions.
NRS 278.784 “Agency”
defined.
NRS 278.786 “Governing
body” defined.
NRS 278.788 “Planning
commission” defined.
NRS 278.790 “Region”
defined.
NRS 278.791 “Restricted
gaming license” defined.
Organization
NRS 278.792 Nevada
Tahoe Regional Planning Agency: Creation; composition of governing body.
[Effective until the proclamation by the Governor of this State of the
withdrawal by the State of California from the Tahoe Regional Planning Compact
or of a finding by the Governor of this State that the Tahoe Regional Planning
Agency has become unable to perform its duties or exercise its powers.]
NRS 278.792 Nevada
Tahoe Regional Planning Agency: Creation; composition, appointment and
interests of governing body. [Effective upon the proclamation by the Governor
of this State of the withdrawal by the State of California from the Tahoe
Regional Planning Compact or of a finding by the Governor of this State that
the Tahoe Regional Planning Agency has become unable to perform its duties or
exercise its powers.]
NRS 278.794 Terms
of office of members of governing body. [Effective until the proclamation by
the Governor of this State of the withdrawal by the State of California from
the Tahoe Regional Planning Compact or of a finding by the Governor of this
State that the Tahoe Regional Planning Agency has become unable to perform its
duties or exercise its powers.]
NRS 278.794 Terms
of office of members of governing body; review of appointments. [Effective upon
the proclamation by the Governor of this State of the withdrawal by the State
of California from the Tahoe Regional Planning Compact or of a finding by the
Governor of this State that the Tahoe Regional Planning Agency has become
unable to perform its duties or exercise its powers.]
NRS 278.796 Vacancies.
NRS 278.798 Expenses
of members and agency.
NRS 278.800 Officers:
Election; terms; vacancies.
NRS 278.802 Meetings.
NRS 278.804 Quorum;
voting; rules of procedure.
NRS 278.806 Office;
records; budget.
NRS 278.807 Account
for the Nevada Tahoe Regional Planning Agency. [Repealed.]
NRS 278.808 Advisory
planning commission: Appointment; composition. [Effective until the
proclamation by the Governor of this State of the withdrawal by the State of
California from the Tahoe Regional Planning Compact or of a finding by the
Governor of this State that the Tahoe Regional Planning Agency has become
unable to perform its duties or exercise its powers.]
NRS 278.808 Advisory
planning commission: Appointment; composition; terms; vacancies; quorum.
[Effective upon the proclamation by the Governor of this State of the
withdrawal by the State of California from the Tahoe Regional Planning Compact
or of a finding by the Governor of this State that the Tahoe Regional Planning
Agency has become unable to perform its duties or exercise its powers.]
NRS 278.810 Executive
Officer; staff; attorney.
Planning
NRS 278.8111 Regional
plan: Adoption and review; contents. [Effective upon the proclamation by the
Governor of this State of the withdrawal by the State of California from the
Tahoe Regional Planning Compact or of a finding by the Governor of this State
that the Tahoe Regional Planning Agency has become unable to perform its duties
or exercise its powers.]
NRS 278.8113 Regional
plan: Public hearings by planning commission in preparing plan and amendments;
action by governing body. [Effective upon the proclamation by the Governor of
this State of the withdrawal by the State of California from the Tahoe Regional
Planning Compact or of a finding by the Governor of this State that the Tahoe
Regional Planning Agency has become unable to perform its duties or exercise
its powers.]
NRS 278.8115 Regional
plan: Correlated elements. [Effective upon the proclamation by the Governor of
this State of the withdrawal by the State of California from the Tahoe Regional
Planning Compact or of a finding by the Governor of this State that the Tahoe
Regional Planning Agency has become unable to perform its duties or exercise
its powers.]
NRS 278.8117 Regional
plan: Formulation, maintenance, realization and administration. [Effective upon
the proclamation by the Governor of this State of the withdrawal by the State
of California from the Tahoe Regional Planning Compact or of a finding by the
Governor of this State that the Tahoe Regional Planning Agency has become
unable to perform its duties or exercise its powers.]
NRS 278.8119 Maintenance
and availability of data, maps and other information; assistance in exchanges
of property. [Effective upon the proclamation by the Governor of this State of
the withdrawal by the State of California from the Tahoe Regional Planning Compact
or of a finding by the Governor of this State that the Tahoe Regional Planning
Agency has become unable to perform its duties or exercise its powers.]
Agency’s Powers
NRS 278.812 Review
of applications approved by local authorities. [Effective until the
proclamation by the Governor of this State of the withdrawal by the State of
California from the Tahoe Regional Planning Compact or of a finding by the
Governor of this State that the Tahoe Regional Planning Agency has become
unable to perform its duties or exercise its powers.]
NRS 278.8121 Review
and approval of public works. [Effective upon the proclamation by the Governor
of this State of the withdrawal by the State of California from the Tahoe
Regional Planning Compact or of a finding by the Governor of this State that
the Tahoe Regional Planning Agency has become unable to perform its duties or
exercise its powers.]
NRS 278.8123 Review
and approval of proposals by Agency: Time limitations. [Effective upon the proclamation
by the Governor of this State of the withdrawal by the State of California from
the Tahoe Regional Planning Compact or of a finding by the Governor of this
State that the Tahoe Regional Planning Agency has become unable to perform its
duties or exercise its powers.]
NRS 278.8125 Permitted
and conforming uses.
NRS 278.8127 Exemption
from and intendment of NRS 278.8125.
NRS 278.813 Ordinances,
rules and regulations; general and regional standards. [Effective upon the
proclamation by the Governor of this State of the withdrawal by the State of
California from the Tahoe Regional Planning Compact or of a finding by the
Governor of this State that the Tahoe Regional Planning Agency has become
unable to perform its duties or exercise its powers.]
NRS 278.814 Ordinances:
Publication by title; copies transmitted to political subdivisions within
region.
NRS 278.816 Enforcement
of ordinances, rules, regulations and policies; jurisdiction of courts.
NRS 278.818 Violation
of ordinance, rule or regulation: Penalty.
NRS 278.820 Fees
for services of Agency. [Effective until the proclamation by the Governor of
this State of the withdrawal by the State of California from the Tahoe Regional
Planning Compact or of a finding by the Governor of this State that the Tahoe
Regional Planning Agency has become unable to perform its duties or exercise
its powers.]
NRS 278.820 Financial
powers and duties of Agency. [Effective upon the proclamation by the Governor
of this State of the withdrawal by the State of California from the Tahoe
Regional Planning Compact or of a finding by the Governor of this State that
the Tahoe Regional Planning Agency has become unable to perform its duties or
exercise its powers.]
NRS 278.822 Powers
of local authorities subordinate to those of Agency.
NRS 278.824 Limitations
on powers of Agency. [Effective until the proclamation by the Governor of this
State of the withdrawal by the State of California from the Tahoe Regional
Planning Compact or of a finding by the Governor of this State that the Tahoe
Regional Planning Agency has become unable to perform its duties or exercise
its powers.]
NRS 278.826 Assumption
of powers and duties by Agency. [Effective upon the proclamation by the
Governor of this State of the withdrawal by the State of California from the
Tahoe Regional Planning Compact or of a finding by the Governor of this State
that the Tahoe Regional Planning Agency has become unable to perform its duties
or exercise its powers.]
Unlawful Acts
NRS 278.828 Unlawful
contract or purchase by member of governing body; penalties.
_________
NOTE: The section added to chapter
278 of NRS by section 3 of chapter 577, Statutes of Nevada 1993, has been
codified as subsection 3 of NRS 393.110.
GENERAL PROVISIONS
NRS 278.010 Definitions. As
used in NRS 278.010 to 278.630,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 278.0103 to 278.0195,
inclusive, have the meanings ascribed to them in those sections.
[1:110:1941; A 1947, 834; 1943 NCL § 5063]—(NRS A
1969, 327; 1973, 1335; 1975, 1562; 1977, 186, 1494; 1979, 1497; 1981, 1181; 1985, 2115; 1987, 932, 1391, 1488; 1989, 766; 1991, 580, 952, 956, 1382, 1386; 1993, 2559; 1995, 1105, 2062, 2063, 2225; 1997, 606; 1999, 1137, 1421, 1975, 3365, 3373, 3465; 2001, 597, 1246, 2531, 2804; 2003, 596, 656, 681, 974, 1738, 2337, 2966; 2005, 185, 981, 1583; 2007, 340, 1539; 2009, 834, 2281, 2758; 2013, 1372,
3216)
NRS 278.0103 “Aboveground utility” defined. “Aboveground
utility” means an aboveground electric transmission line which is designed to
operate at 200 kilovolts or more and which has been approved for construction
after October 1, 1991, by the State or Federal Government or a governing body.
(Added to NRS by 2013, 3213)
NRS 278.0105 “Affordable housing” defined. “Affordable
housing” means housing affordable for a family with a total gross income that
does not exceed 80 percent of the median gross income for the county concerned
based upon the estimates of the United States Department of Housing and Urban
Development of the most current median gross family income for the county.
(Added to NRS by 1995, 2225; A 2007, 1518)
NRS 278.0107 “Average residential density” defined. “Average
residential density” means the number of lots intended for residential dwelling
units within the boundaries of a subdivided or developed area, divided by the
total number of acres within the boundaries of the subdivision or developed
area.
(Added to NRS by 1999, 3363)
NRS 278.011 “Building code” defined. “Building
code” means ordinances, plans, regulations or rulings adopted by the governing
body for the purpose of regulating and specifying the soundness of construction
of structures.
(Added to NRS by 1993, 2557)
NRS 278.0115 “Building official” defined. “Building
official” means a person employed by a city or county who is charged with the
administration and enforcement of building codes. The term includes a person
appointed to fill the position of building official pursuant to NRS 278.570 and an administrative official of the city
or county who is authorized by the city or county to assume the functions of
the position of building official pursuant to NRS
278.570.
(Added to NRS by 2001, 1245)
NRS 278.012 “Cities and counties” defined. “Cities
and counties” means all counties and cities located in counties. Carson City is
considered as a county.
(Added to NRS by 1993, 2557)
NRS 278.0125 “City surveyor” defined. “City
surveyor” means a person appointed as such or a person designated by a city
council or other legislative body of the city to perform the duties of a city
surveyor pursuant to this chapter.
(Added to NRS by 1993, 2557)
NRS 278.013 “Commission” and “planning commission” defined. “Commission” or “planning commission” means
the planning commission of the city, the county or the region, as established
by ordinance or by the provisions of this chapter.
(Added to NRS by 1993, 2557)
NRS 278.0135 “Common-interest community” defined. “Common-interest
community” has the meaning ascribed to it in NRS
116.021.
(Added to NRS by 1993, 2557)
NRS 278.014 “County surveyor” defined. “County
surveyor” means a person appointed as such or a person designated by a board of
county commissioners or the Board of Supervisors of Carson City to perform the
duties of a county surveyor pursuant to this chapter.
(Added to NRS by 1993, 2557)
NRS 278.0145 “Final map” defined. “Final
map” means a map prepared in accordance with the provisions of NRS 278.325, 278.360 to 278.460, inclusive, 278.472,
278.4725 or 278.4955
and any applicable local ordinance, which is designed to be placed on record in
the office of the county recorder of the county in which any part of the
subdivision is located or the recorder of Carson City.
(Added to NRS by 1993, 2557; A 1997, 2419)
NRS 278.0147 “Gaming enterprise district” defined. “Gaming
enterprise district” has the meaning ascribed to it in NRS 463.0158.
(Added to NRS by 2005, 1583)
NRS 278.015 “Governing body” defined. “Governing
body” means the city council or other legislative body of the city or the board
of county commissioners or, in the case of Carson City, the Board of
Supervisors.
(Added to NRS by 1993, 2557)
NRS 278.0153 “Historic neighborhood” defined. “Historic
neighborhood” means a subdivided or developed area:
1. Which consists of 10 or more
residential dwelling units;
2. Where at least two-thirds of the
residential dwelling units are 40 or more years of age; and
3. Which has been identified by the
governing body of the city or county within which the area is located as having
a distinctive character or traditional quality that can be distinguished from
surrounding areas or new developments in the vicinity. Distinguishing
characteristics of a historic neighborhood may include, without limitation:
(a) Significance to the cultural, social,
political or economic history of the area in which it is located;
(b) Association with a significant person, group
or event in local, state or national history;
(c) Representation of an established and familiar
visual feature of an area because of its location, design, architecture or
singular physical appearance; or
(d) Meeting the criteria for eligibility for
listing on the State or National Register of Historic Places.
(Added to NRS by 2009, 2758)
NRS 278.0155 “Improvement” defined. “Improvement”
means such street work and utilities to be installed on land dedicated or to be
dedicated for streets and easements as are necessary for local drainage, local
traffic and the general use of property owners in the subdivision.
(Added to NRS by 1993, 2557)
NRS 278.0157 “Infrastructure” and “public facilities” defined. “Infrastructure” or “public facilities” means
water, sanitary sewer, storm sewer, street, parks, fire, police and flood
protection.
(Added to NRS by 1999, 3363)
NRS 278.016 “Local ordinance” defined. “Local
ordinance” means an ordinance enacted by the governing body of any city or
county, pursuant to the powers granted in NRS 278.010
to 278.630, inclusive.
(Added to NRS by 1993, 2557; A 2013, 3216)
NRS 278.0165 “Lot” defined. “Lot”
means a distinct part or parcel of land which has been divided to transfer
ownership or to build. The term does not include a parcel of land used or
intended solely for use as a location for a water well.
(Added to NRS by 1993, 2558)
NRS 278.0166 “Military installation” defined. “Military
installation” means a base or facility at which or from which the Air Force,
Army, Coast Guard, Marine Corps, Navy, Air Force Reserve, Army Reserve, Coast
Guard Reserve, Marine Corps Reserve, Navy Reserve or National Guard conducts
exercises, maneuvers, operations, patrols or training.
(Added to NRS by 2007, 339)
NRS 278.0167 “Mobile home park” defined. “Mobile
home park” has the meaning ascribed to “manufactured home park” in NRS 118B.017.
(Added to NRS by 1999, 3464; A 2001, 1190)
NRS 278.017 “Parcel map” defined. “Parcel
map” means a map as provided in NRS 278.461, 278.462, 278.463, 278.464 or 278.466.
(Added to NRS by 1993, 2558; A 1997, 2419)
NRS 278.0172 “Regional planning coalition” defined. “Regional
planning coalition” means the regional planning coalition described in NRS 278.02514.
(Added to NRS by 1999, 1973)
NRS 278.0173 “Renewable energy” defined.
1. “Renewable energy” means a source of
energy that occurs naturally or is regenerated naturally, including, without
limitation:
(a) Biomass;
(b) Fuel cells;
(c) Geothermal energy;
(d) Solar energy;
(e) Waterpower; and
(f) Wind.
2. The term does not include coal, natural
gas, oil, propane or any other fossil fuel, or nuclear energy.
(Added to NRS by 2009, 2280)
NRS 278.01735 “Renewable energy generation project” defined. “Renewable energy generation project” means a
project involving an electric generating facility or system that uses renewable
energy as its primary source of energy to generate electricity. The term does
not include a project involving an electric generating facility or system that
uses nuclear energy, in whole or in part, to generate electricity.
(Added to NRS by 2009, 2280)
NRS 278.0174 “Residential dwelling unit” defined. “Residential
dwelling unit” has the meaning ascribed to it in NRS
278.4977.
(Added to NRS by 1999, 3363)
NRS 278.0175 “Right-of-way” defined. “Right-of-way”
includes all public and private rights-of-way and all areas required for public
use in accordance with any master plan or parts thereof.
(Added to NRS by 1993, 2558)
NRS 278.0177 “Rural preservation neighborhood” defined. “Rural preservation neighborhood” means a
subdivided or developed area:
1. Which consists of 10 or more
residential dwelling units;
2. Where the outer boundary of each lot
that is used for residential purposes is not more than 330 feet from the outer
boundary of any other lot that is used for residential purposes;
3. Which has no more than two residential
dwelling units per acre; and
4. Which allows residents to raise or keep
animals noncommercially.
(Added to NRS by 1999, 3363)
NRS 278.018 “Streets” defined. “Streets”
includes streets, avenues, boulevards, roads, lanes, alleys, viaducts, public
easements and rights-of-way, and other ways.
(Added to NRS by 1993, 2558)
NRS 278.0185 “Subdivider” defined. “Subdivider”
means a person or governmental entity which causes land to be divided into a
subdivision for that person or governmental entity or for others.
(Added to NRS by 1993, 2558)
NRS 278.019 “Tentative map” defined. “Tentative
map” means a map made to show the design of a proposed subdivision and the
existing conditions in and around it.
(Added to NRS by 1993, 2558)
NRS 278.0193 “Used for residential purposes” defined. “Used for residential purposes” means a lot or
parcel of land that is 5 acres or less in area and contains a residential
dwelling unit of a permanent nature.
(Added to NRS by 1999, 3363)
NRS 278.0195 “Utility project” defined. “Utility
project” means:
1. An electric transmission line which is
designed to operate at 200 kilovolts or more; or
2. A line used to transport natural gas
which operates at 20 percent or more of the specified minimum yield strength of
the material from which the line is constructed,
Ê which has
been approved for construction after October 1, 1991, by the State or Federal
Government or a governing body.
(Added to NRS by 1993, 2558)
NRS 278.020 Regulation by governing bodies of improvement of land and
location of structures for general welfare.
1. For the purpose of promoting health,
safety, morals, or the general welfare of the community, the governing bodies
of cities and counties are authorized and empowered to regulate and restrict
the improvement of land and to control the location and soundness of
structures.
2. Any such regulation, restriction and
control must take into account:
(a) The potential impairment of natural resources
and the total population which the available natural resources will support
without unreasonable impairment; and
(b) The availability of and need for affordable
housing in the community, including affordable housing that is accessible to
persons with disabilities.
[2:110:1941; A 1947, 834; 1943 NCL § 5063.01]—(NRS A
1973, 1241; 1995,
2225)
NRS 278.0201 Agreement with governing body concerning development of land:
Manner and contents; extension of period for commencement of construction under
certain circumstances; applicable ordinances, resolutions and regulations;
restrictions on subsequent action by governing body.
1. In the manner prescribed by ordinance,
a governing body may, upon application of any person having a legal or
equitable interest in land, enter into an agreement with that person concerning
the development of that land. This agreement must describe the land which is
the subject of the agreement and specify the duration of the agreement, the
permitted uses of the land, the density or intensity of its use, the maximum
height and size of the proposed buildings and any provisions for the dedication
of any portion of the land for public use. The agreement may fix the period
within which construction must commence and provide for an extension of that
deadline.
2. For an agreement entered into for the
residential or commercial development of land, the governing body may extend,
beyond the original deadline and beyond any extension of that deadline pursuant
to subsection 1, the period within which construction must commence if the
person:
(a) Applies for an extension before July 1, 2013,
subject to any applicable ordinances adopted by the governing body;
(b) Demonstrates to the satisfaction of the
governing body that:
(1) Financing for the residential or
commercial project is not available; and
(2) The land will be leased for a
renewable energy generation project; and
(c) Submits with his or her application for an
extension an affidavit showing that due diligence has been used to obtain
financing for the residential or commercial project. The affidavit must
include, without limitation, evidence that:
(1) The project was denied financing by at
least two lenders; or
(2) The person was unable to issue bonds
or other securities to finance the project.
3. An agreement must not be extended
pursuant to subsection 2:
(a) For more than 15 years after the original
deadline or, if the deadline is extended pursuant to subsection 1, after that
extension; or
(b) If the land ceases to be leased for a
renewable energy generation project, after the period established pursuant to
subsection 4.
4. If a governing body extends a deadline
pursuant to subsection 2, the governing body shall establish the maximum
duration of the period for which the agreement will remain valid if the land is
no longer leased for a renewable energy generation project.
5. Unless the agreement otherwise provides
and except as otherwise provided in subsection 7, the ordinances, resolutions
or regulations applicable to that land and governing the permitted uses of that
land, density and standards for design, improvements and construction are those
in effect at the time the agreement is made.
6. This section does not prohibit the
governing body from adopting new ordinances, resolutions or regulations
applicable to that land which do not conflict with those ordinances,
resolutions and regulations in effect at the time the agreement is made, except
that any subsequent action by the governing body must not prevent the
development of the land as set forth in the agreement. The governing body is
not prohibited from denying or conditionally approving any other plan for
development pursuant to any ordinance, resolution or regulation in effect at
the time of that denial or approval.
7. Notwithstanding the provisions of
subsection 6, if the governing body extends a deadline pursuant to subsection
2, changes to ordinances, resolutions or regulations that:
(a) Are made after the extension is granted; and
(b) Enforce environmental, life or safety
standards against land that the governing body determines are similar to the
land for which an agreement was made pursuant to this section,
Ê apply to the
land for which the agreement was made.
8. The provisions of subsection 2 of NRS 278.315 and NRS 278.350
and 278.360 do not apply if an agreement entered
into pursuant to this section contains provisions which are contrary to the
respective sections.
9. As used in this section,
“environmental, life or safety standards” includes, without limitation:
(a) Standards and codes relating to the usage of
water; and
(b) Any specialized or uniform code related to
environmental, life or safety standards.
(Added to NRS by 1985, 2114; A 1991, 582; 1997, 2419; 2009, 2281)
NRS 278.0203 Agreement with governing body concerning development of land:
Approval by ordinance; recording.
1. The governing body may, if it finds
that the provisions of the agreement are consistent with the master plan,
approve the agreement by ordinance.
2. Within a reasonable time after approval
of the agreement, the clerk of the governing body shall cause the original
agreement to be recorded with the county recorder or the recorder of Carson
City. Upon recordation, the agreement binds all parties and their successors in
interest for the duration of the agreement.
(Added to NRS by 1985, 2114; A 2001, 1759)
NRS 278.0205 Agreement with governing body concerning development of land:
Amendment or cancellation; review of development by governing body; notice;
approval of amendment; filing and recording of amendment.
1. The agreement for development of land
may be amended or cancelled, in whole or in part, by mutual consent of the
parties to the agreement or their successors in interest, except that if the
governing body determines, upon a review of the development of the land held at
least once every 24 months, that the terms or conditions of the agreement are
not being complied with, it may cancel or amend the agreement without the
consent of the breaching party.
2. Notice of intention to amend or cancel
any portion of the agreement must be given by publication in a newspaper of
general circulation in the applicable city or county. The governing body may
approve any amendment to the agreement by ordinance if the amendment is
consistent with the master plan. The original of the amendment must be filed
for recording with the county recorder or the recorder of Carson City.
(Added to NRS by 1985, 2114)
NRS 278.0207 Agreement with governing body concerning development of land:
Recording of certified copy of ordinance adopting agreement. A certified copy of any local ordinance
adopting the agreement for the development of property and any amendments
thereto must be recorded in the office of the county recorder or the recorder
of Carson City.
(Added to NRS by 1985, 2115)
NRS 278.02073 Building permit for residential or commercial project: Extension
of period of validity when financing is not available and land is leased for
renewable energy generation project.
1. A director of planning or a governing
body may extend the period for which a building permit for a residential or
commercial project is valid if the person to whom the permit has been issued:
(a) Applies for an extension before July 1, 2013,
subject to any applicable ordinances or regulations adopted by the governing
body;
(b) Demonstrates to the satisfaction of the
director of planning or governing body that:
(1) Financing for the residential or
commercial project is not available; and
(2) The land will be leased for a
renewable energy generation project; and
(c) Submits with his or her application for an
extension an affidavit showing that due diligence has been used to obtain
financing for the residential or commercial project. The affidavit must
include, without limitation, evidence that:
(1) The project was denied financing by at
least two lenders; or
(2) The person was unable to issue bonds
or other securities to finance the project.
2. A building permit that is extended
pursuant to subsection 1 must not be effective:
(a) For more than 15 years after the original
expiration date of the building permit; or
(b) If the land ceases to be leased for a
renewable energy generation project, after the period established by the
director of planning or governing body pursuant to subsection 3.
3. If a director of planning or governing
body extends the period for which a building permit is valid pursuant to
subsection 1, the director of planning or governing body shall establish the
maximum duration of the period for which the permit will remain valid if the land
is no longer leased for a renewable energy generation project.
4. If a director of planning or governing
body extends the period for which a building permit is valid pursuant to
subsection 1:
(a) No condition may be placed on the permit that
was not imposed on the original permit; and
(b) Except as otherwise provided in subsection 5,
the ordinances, resolutions or regulations applicable to the land and governing
the permitted uses of the land, density and standards for design, improvements
and construction are those in effect at the time the building permit is issued.
5. Changes to ordinances, resolutions or
regulations that enforce environmental, life or safety standards against
parcels of land that the director of planning or governing body determines are
similar to the land for which the building permit was issued will apply to the
parcel of land for which the permit was issued.
6. As used in this section,
“environmental, life or safety standards” includes, without limitation:
(a) Standards and codes relating to the usage of
water; and
(b) Any specialized or uniform code related to
environmental, life or safety standards.
(Added to NRS by 2009, 2280)
NRS 278.02077 Prohibition against prohibiting or unreasonably restricting use
of system for obtaining wind energy; exceptions.
1. Except as otherwise provided in
subsection 2:
(a) A governing body shall not adopt an
ordinance, regulation or plan or take any other action that prohibits or
unreasonably restricts the owner of real property from using a system for
obtaining wind energy on his or her property.
(b) Any covenant, restriction or condition
contained in a deed, contract or other legal instrument which affects the
transfer or sale of, or any other interest in, real property and which
prohibits or unreasonably restricts the owner of the property from using a
system for obtaining wind energy on his or her property is void and
unenforceable.
2. The provisions of subsection 1 do not
prohibit a reasonable restriction or requirement:
(a) Imposed pursuant to a determination by the
Federal Aviation Administration that the installation of the system for
obtaining wind energy would create a hazard to air navigation; or
(b) Relating to the finish, height, location,
noise, safety or setback of a system for obtaining wind energy.
(Added to NRS by 2009, 1598;
A 2011, 950)
NRS 278.0208 Prohibition against prohibiting or unreasonably restricting use
of system for obtaining solar energy.
1. A governing body shall not adopt an
ordinance, regulation or plan or take any other action that prohibits or
unreasonably restricts or has the effect of prohibiting or unreasonably
restricting the owner of real property from using a system for obtaining solar
energy on his or her property.
2. Any covenant, restriction or condition
contained in a deed, contract or other legal instrument which affects the
transfer or sale of, or any other interest in, real property and which
prohibits or unreasonably restricts or has the effect of prohibiting or
unreasonably restricting the owner of the property from using a system for
obtaining solar energy on his or her property is void and unenforceable.
3. For the purposes of this section, the
following shall be deemed to be unreasonable restrictions:
(a) The placing of a restriction or requirement
on the use of a system for obtaining solar energy which decreases the
efficiency or performance of the system by more than 10 percent of the amount
that was originally specified for the system, as determined by the Director of
the Office of Energy, and which does not allow for the use of an alternative
system at a substantially comparable cost and with substantially comparable
efficiency and performance.
(b) The prohibition of a system for obtaining
solar energy that uses components painted with black solar glazing.
(Added to NRS by 1995, 1105; A 2005, 1820; 2009, 1599)
NRS 278.02081 Mandatory consideration of certain standards and guidelines if
governing body establishes committee or task force on sustainable energy. If a governing body establishes a committee or
task force on sustainable energy, the committee or task force shall consider:
1. Standards for the efficient use of
water;
2. Standards for the efficient use of
energy, including, without limitation, the use of sources of renewable energy;
3. Performance guidelines for new,
remodeled and renovated buildings; and
4. Performance guidelines for retrofit
projects,
Ê including,
without limitation, energy consumption, use of potable water, use of water for
landscaping purposes and solid waste disposal.
(Added to NRS by 2005, 22nd
Special Session, 69)
NRS 278.02083 Prohibition against restricting right of owner to display United
States flag on real property; limitations; recovery of attorney’s fees and
costs in action for enforcement.
1. Except as otherwise provided in
subsection 2:
(a) A governing body shall not adopt an
ordinance, regulation or plan or take any other action that prohibits an owner
of real property from engaging in the display of the flag of the United States
on his or her property.
(b) Any covenant, condition or restriction
contained in a deed, contract or other legal instrument which affects the
transfer, sale or any other interest in real property that prohibits the owner
of the property from engaging in the display of the flag of the United States
on his or her property is void and unenforceable.
2. The provisions of this section do not:
(a) Apply to the display of the flag of the United
States for commercial advertising purposes.
(b) Preclude a governing body from imposing
reasonable restrictions as to the time, place and manner of display of the flag
of the United States if the governing body determines that such restrictions
are necessary to protect the health, safety or welfare of the public. For the
purposes of this paragraph, reasonable restrictions as to the time, place and
manner of display of the flag of the United States may include, without
limitation, reasonable restrictions as to height and setback.
3. In any action commenced to enforce the
provisions of this section, the prevailing party is entitled to recover
reasonable attorney’s fees and costs.
4. As used in this section, “display of
the flag of the United States” means a flag of the United States that is:
(a) Made of cloth, fabric or paper;
(b) Displayed from a pole or staff or in a
window; and
(c) Displayed in a manner that is consistent with
4 U.S.C. Chapter 1.
Ê The term
does not include a depiction or emblem of the flag of the United States that is
made of balloons, flora, lights, paint, paving materials, roofing, siding or
any other similar building, decorative or landscaping component.
(Added to NRS by 2003, 2965)
NRS 278.02085 Amateur radio: Limitations on restrictions on amateur service
communications; limitations on regulation of station antenna structures;
exception.
1. A governing body shall not adopt an
ordinance, regulation or plan or take any other action that precludes amateur
service communications or that in any other manner does not conform to the
provisions of 47 C.F.R. § 97.15 and the limited preemption entitled “Amateur
Radio Preemption, 101 F.C.C. 2d 952 (1985)” as issued by the Federal Communications
Commission.
2. If a governing body adopts an
ordinance, regulation or plan or takes any other action that regulates the
placement, screening or height of a station antenna structure based on health,
safety or aesthetic considerations, the ordinance, regulation, plan or action
must:
(a) Reasonably accommodate amateur service
communications; and
(b) Constitute the minimum level of regulation
practicable to carry out the legitimate purpose of the governing body.
3. The provisions of this section do not
apply to any district organized pursuant to federal, state or local law for the
purpose of historic or architectural preservation.
4. Any ordinance, regulation or plan
adopted by or other action taken by a governing body in violation of the
provisions of this section is void.
5. As used in this section:
(a) “Amateur radio services” has the meaning
ascribed to it in 47 C.F.R. § 97.3.
(b) “Amateur service communications” means
communications carried out by one or more of the amateur radio services.
(c) “Amateur station” has the meaning ascribed to
it in 47 C.F.R. § 97.3.
(d) “Station antenna structure” means the antenna
that serves an amateur station, including such appurtenances and other
structures as may be necessary to support, stabilize, raise, lower or otherwise
adjust the antenna.
(Added to NRS by 2001, 596)
NRS 278.0209 Factory-built housing: Inclusion in definition of “single-family
residence”; standards for safety and development; installation prohibited under
certain circumstances.
1. In any ordinance relating to the zoning
of land adopted or amended by a governing body, the definition of
“single-family residence” must include factory-built housing that has been
built in compliance with the standards for single-family residential dwellings
of the Uniform Building Code most recently adopted by the International
Conference of Building Officials.
2. An ordinance of the governing body may
require factory-built housing to comply with standards for safety which exceed
the standards prescribed in subsection 1 if a single-family residential
dwelling on the same lot is also required to comply with those standards.
3. The governing body shall adopt the same
standards for development for the factory-built housing and the lot on which it
is placed as those to which a conventional single-family residential dwelling
on the same lot would be subject, including, but not limited to:
(a) Requirements for the setback of buildings.
(b) Side and rear-yard requirements.
(c) Standards for enclosures, access and the
parking of vehicles.
(d) Aesthetic requirements.
(e) Requirements for minimum square footage.
(f) Requirements for design, style and structure.
4. The governing body may prohibit the
installation of factory-built housing in a specified area if:
(a) More than 6 years have elapsed between the
date of manufacture of factory-built housing and the date of the application
for the issuance of a permit to install factory-built housing in the affected
area; or
(b) The area contains a building, structure or
other object having a special character or special historical interest or
value.
5. As used in this section, “factory-built
housing” has the meaning ascribed to it in NRS
461.080.
6. The provisions of this section do not
abrogate a recorded restrictive covenant.
(Added to NRS by 1995, 2759; A 2007, 2333)
NRS 278.02095 Manufactured homes: Inclusion in definition of “single-family
residence”; governing body to adopt standards for placement outside mobile home
park; surrender of certificate of ownership of certain manufactured homes to
Manufactured Housing Division; limitations.
1. Except as otherwise provided in this
section, in an ordinance relating to the zoning of land adopted or amended by a
governing body, the definition of “single-family residence” must include a
manufactured home.
2. Notwithstanding the provisions of
subsection 1, a governing body shall adopt standards for the placement of a
manufactured home that will not be affixed to a lot within a mobile home park
which require that:
(a) The manufactured home:
(1) Be permanently affixed to a residential
lot;
(2) Be manufactured within the 6 years
immediately preceding the date on which it is affixed to the residential lot;
(3) Have exterior siding and roofing which
is similar in color, material and appearance to the exterior siding and roofing
primarily used on other single-family residential dwellings in the immediate
vicinity of the manufactured home, as established by the governing body;
(4) Consist of more than one section; and
(5) Consist of at least 1,200 square feet
of living area unless the governing body, by administrative variance or other
expedited procedure established by the governing body, approves a lesser amount
of square footage based on the size or configuration of the lot or the square
footage of single-family residential dwellings in the immediate vicinity of the
manufactured home; and
(b) If the manufactured home has an elevated
foundation, the foundation is masked architecturally in a manner determined by
the governing body.
Ê The
governing body of a local government in a county whose population is less than
45,000 may adopt standards that are less restrictive than the standards set
forth in this subsection.
3. Standards adopted by a governing body
pursuant to subsection 2 must be objective and documented clearly and must not
be adopted to discourage or impede the construction or provision of affordable
housing, including, without limitation, the use of manufactured homes for
affordable housing.
4. Before a building department issues a
permit to place a manufactured home on a lot pursuant to this section, other
than a new manufactured home, the owner must surrender the certificate of
ownership to the Manufactured Housing Division of the Department of Business
and Industry. The Division shall provide proof of such a surrender to the owner
who must submit that proof to the building department.
5. The provisions of this section do not
abrogate a recorded restrictive covenant prohibiting manufactured homes, nor do
the provisions apply within the boundaries of a historic district established
pursuant to NRS 384.005 or 384.100. An application to place a
manufactured home on a residential lot pursuant to this section constitutes an
attestation by the owner of the lot that the placement complies with all
covenants, conditions and restrictions placed on the lot and that the lot is
not located within a historic district.
6. As used in this section:
(a) “Manufactured home” has the meaning ascribed
to it in NRS 489.113.
(b) “New manufactured home” has the meaning
ascribed to it in NRS 489.125.
(Added to NRS by 1999, 3464; A 2001, 1119, 1964; 2007, 2334; 2011, 1176)
NRS 278.0211 Standards and specifications relating to school buildings in
certain counties to be consistent and developed in conjunction with school
district. In a county whose
population is 100,000 or more but less than 700,000, the standards and specifications
for the erection of any new school building or for any addition to or
alteration of an existing school building in any ordinance relating to zoning
adopted or amended by the governing body of the county and the governing body
of any city in the county which address the height of the building, the setback
of the building, the landscaping and the amount of parking space must be:
1. Consistent in all such ordinances; and
2. Developed in conjunction with the
school district of that county.
(Added to NRS by 2013, 1372)
NRS 278.0213 Obstruction of outdoor advertising structures by certain
improvement projects: Required action by governing body; limitations on
authorized actions; implementation and applicability of provisions.
1. If any improvement project is caused to
be constructed for purposes of noise abatement by the governing body of a city
or county within the right-of-way of a controlled-access freeway, which
obstructs the visibility from the main-traveled way of the controlled-access freeway
of an outdoor advertising structure that adjoins the controlled-access freeway,
the governing body of the city or county shall:
(a) Authorize, with the consent of the Department
of Transportation pursuant to chapter 410 of
NRS and at no cost to the State or any local government, the owner of the
outdoor advertising structure to adjust the height or angle of the structure to
a height or angle that restores the visibility of the structure to the same or
comparable visibility as before the construction of the improvement project;
(b) Authorize, with the consent of the Department
of Transportation pursuant to chapter 410 of
NRS and at no cost to the State or any local government, the owner of the
outdoor advertising structure to relocate the structure to another location on
the same parcel of land or on another parcel of land where the owner of the
structure has secured the right to construct a structure pursuant to the
applicable local ordinances in existence at that time and the relocation
restores the visibility of the structure to the same or comparable visibility
as before the construction of the improvement project;
(c) Evaluate the impact of the improvement
project on the visibility of the outdoor advertising structure and may, in its
discretion, implement design modifications to the project which maintain the
integrity of the project and which eliminate the effect of the project on the
visibility of the structure so that adjustments to or relocation of the
structure are not required to maintain its visibility;
(d) Authorize, with the consent of the Department
of Transportation pursuant to chapter 410 of
NRS and at no cost to the State or any local government, any other relief which
is consistent with the public health, safety and welfare and which is mutually
agreed upon by the governing body of the city or county, the Department of
Transportation and the owner of the outdoor advertising structure; or
(e) If the actions described in paragraphs (a) to
(d), inclusive, would not result in the same or comparable visibility of the
structure, let the visibility of the structure remain obstructed.
2. Any action authorized pursuant to
subsection 1 must comply with applicable federal and state statutes and regulations,
agreements with the Federal Government or the State and, to the extent that
their provisions do not conflict with this section, local ordinances governing
the regulation of outdoor advertising structures.
3. The provisions of subsection 1 do not
authorize the owner of an outdoor advertising structure to increase the size of
the area of display of the structure.
4. A city or county may implement the
provisions of this section by ordinance or by variance or waiver from
applicable ordinance, rule or regulation.
5. The provisions of this section:
(a) Apply to lawfully erected conforming and
nonconforming outdoor advertising structures;
(b) Are not intended to grant an express or
implied right of light, air or view over a controlled-access freeway if such a
right is not otherwise provided by law;
(c) Do not apply to an outdoor advertising
structure whose visibility was obstructed on or before June 6, 2005, by an
improvement project for noise abatement;
(d) Do not change the designation of an existing
nonconforming outdoor advertising structure from nonconforming to conforming;
and
(e) Do not authorize an increase in the number of
nonconforming outdoor advertising structures.
6. As used in this section:
(a) “Controlled-access freeway” means every
highway to or from which owners or occupants of abutting lands and other
persons are prohibited from having direct private access, and where access is
allowed only at interchanges; and
(b) “Outdoor advertising structure” means a
billboard, subject to a permit issued by the Department of Transportation, that
is designed, intended or used to disseminate commercial and noncommercial
messages that do not concern the premises upon which the billboard is located.
(Added to NRS by 2005, 980)
NRS 278.0215 Nonconforming outdoor advertising structures: City or county to
pay just compensation or authorize relocation if it requires removal or
prohibits routine maintenance; exceptions; required removal of structure
pursuant to amortization schedule prohibited; public hearing required in
certain circumstances; appeal of amount of just compensation.
1. If a city or county, through the
adoption, operation or enforcement of any ordinance or code, requires the
removal of a nonconforming outdoor advertising structure, the city or county
shall:
(a) Pay just compensation for the loss of the
nonconforming outdoor advertising structure to the owner of the nonconforming
outdoor advertising structure and to the owner of the real property upon which
the nonconforming outdoor advertising structure is located; or
(b) Authorize the owner of the nonconforming
outdoor advertising structure to relocate that structure to a site which is
determined to be a comparable site by the owner of the nonconforming outdoor
advertising structure and which is approved by the city or county as an
appropriate site for the structure.
2. If a city or county prohibits the owner
of a nonconforming outdoor advertising structure from engaging in routine
maintenance of the nonconforming outdoor advertising structure, the city or
county shall provide just compensation or authorize a comparable alternative
location for the nonconforming outdoor advertising structure in the same manner
as if the city or county had required the removal of the nonconforming outdoor
advertising structure pursuant to subsection 1.
3. A city or county shall not require the
removal of a nonconforming outdoor advertising structure to occur pursuant to
an amortization schedule, regardless of the length of the period set forth in
the amortization schedule.
4. The requirements of subsection 1 do not
apply to a nonconforming outdoor advertising structure that is:
(a) Required to be removed as a result of the
owner of the real property upon which the nonconforming outdoor advertising
structure is located terminating the lease that governs the placement of the
nonconforming outdoor advertising structure on that property pursuant to the
terms of that lease; or
(b) Destroyed or damaged in excess of 50 percent
of its material structural value as a result of a natural disaster, including,
without limitation, a fire, flood, earthquake, windstorm, rainstorm and
snowstorm.
5. A city or county shall not require the
removal of a nonconforming outdoor advertising structure as a condition to the
development or redevelopment of the property upon which the nonconforming
outdoor advertising structure is located without first holding a public hearing
at which the owner of the nonconforming outdoor advertising structure has an
opportunity to be heard. The requirements of subsection 1 do not apply if, after
the public hearing required by this subsection, a city or county requires the
removal of the nonconforming outdoor advertising structure.
6. If the owner of a nonconforming outdoor
advertising structure or the owner of the real property upon which the
nonconforming outdoor advertising structure is located disagrees with the
amount of just compensation the city or county determines should be paid to the
owner, the owner may appeal the determination to a court of competent
jurisdiction. In determining the amount of just compensation that should be
paid to an owner pursuant to subsection 1, the court shall consider:
(a) The uniqueness of the location of the
property upon which the nonconforming outdoor advertising structure is erected;
(b) Whether the nonconforming outdoor advertising
structure can be relocated to a comparable site;
(c) The amount of income generated by the
nonconforming outdoor advertising structure; and
(d) The length of time remaining on any
applicable term of a lease governing the nonconforming outdoor advertising
structure.
7. As used in this section:
(a) “Amortization schedule” means an extended
period over which a person is required to remove a nonconforming outdoor
advertising structure.
(b) “Just compensation” means the most probable
price that a nonconforming outdoor advertising structure would bring in a
competitive and open market under the conditions of a fair sale, without the
price being affected by undue stimulus.
(c) “Material structural value” means the cost of
labor and materials necessary to erect an outdoor advertising structure. The
term does not include any revenue or expenses related to the lease of real
property upon which the outdoor advertising structure is located.
(d) “Nonconforming outdoor advertising structure”
means an outdoor advertising structure which is constructed or erected in
conformance with all applicable local ordinances and codes in effect on the
date a building permit is issued for the outdoor advertising structure and
which does not conform subsequently because of a change to the local ordinances
or codes. The term does not include an outdoor advertising structure that is
authorized by a special use permit, conditional use permit, variance, waiver,
condition of zoning or other approval for the use of land if, when the special
use permit, conditional use permit, variance, waiver, condition of zoning or
other approval for the use of land was first approved, the special use permit,
conditional use permit, variance, waiver, condition of zoning or other approval
for the use of land was limited by a specific condition which allowed or
required the governing body of the city or county to conduct a review of the
structure.
(e) “Outdoor advertising structure” means any
sign, display, billboard or other device that is designed, intended or used to
advertise or inform readers about services rendered or goods produced or sold
on property other than the property upon which the sign, display, billboard or
other device is erected.
(f) “Routine maintenance” means normal repair and
upkeep of the structural integrity and appearance of a nonconforming outdoor
advertising structure. The term does not include any increase in the size or
height of the structure or any addition or enhancement to the structure that
increases the visual effect of the structure or increases the impact on the use
of the land in the area around the structure.
(Added to NRS by 2001, 2281)
NRS 278.0217 Certain documents to be retained by governing body or other
entity that causes notices of hearing to be provided. If
a governing body or other entity causes notice of a hearing to be provided
pursuant to NRS 278.0215, 278.147,
278.260, 278.315, 278.4789 or 278.480, the
governing body or other entity shall retain:
1. A copy of the notice;
2. A list of the persons or governmental
entities to which the notice was addressed; and
3. A record of the date on which the
notice was deposited in the United States mail, postage prepaid, or, if
applicable, sent by electronic means.
(Added to NRS by 2003, 2337)
NRS 278.022 Restriction of adult motion picture theaters and bookstores:
Declaration of legislative intent.
1. It is hereby declared a matter of
legislative declaration and belief that the morals of the youth of the State of
Nevada are threatened by the presence of adult motion picture theaters and
adult bookstores which are appearing throughout some of the communities of our
State. These establishments and the type and character of the merchandise and
paraphernalia sold in them create an aura of mystery and enticement for
Nevada’s youngsters that is increased by the lascivious and suggestive
advertising that is often employed to promulgate the availability of these
products and services. It is the intent of the Legislature to minimize the
exposure of our youth to the influence of these establishments.
2. It is further the firm belief that the
moral values of our youth and therefore the mores of our society are in great
part influenced and determined by the family, but are affected by the presence
of an exposure to these establishments; therefore, it is the firm belief of the
Legislature that society has a vital duty and role in the protection of our
moral fiber and standards for the well being of us all as a society.
3. The location of these establishments is
of vital concern to society in regard to their location near areas where our
youth may learn, play, pass by, or would be exposed to their advertising,
window displays, or the general atmosphere encompassing their operation.
(Added to NRS by 1973, 321)
NRS 278.0221 Restriction of adult motion picture theaters and bookstores:
Definitions.
1. “Adult motion picture theater” means a
motion picture theater whose program, during the time of its operation,
contains one or more motion pictures which are rated “X” by the Code Rating
Administration of the Motion Picture Association of America, or are not rated,
and whose program is intended to appeal to the prurient interests of the
viewer.
2. “Adult bookstore,” for the purposes of
this chapter, means an establishment which merchandises printed material or
movies which are intended to appeal to the prurient interests of the reader.
(Added to NRS by 1973, 321)
NRS 278.0222 Restriction of adult motion picture theaters and bookstores:
Authority of commission and governing body. A
commission may recommend or a governing body may adopt zoning regulations
restricting the construction, reconstruction, alteration, repair or use of
buildings, structures or land as adult bookstores or adult motion picture
theaters to specific districts within the geographical jurisdiction of the
commission and governing body.
(Added to NRS by 1973, 321)
NRS 278.0226 Preparation of annual plan for capital improvements; contents of
plan. The governing body of each
local government whose budget includes any expenditure for the acquisition or
maintenance of a capital improvement shall annually prepare a plan for capital
improvements which conforms with its master plan and which includes at least
the 3 ensuing fiscal years but not more than 20 fiscal years. The plan for
capital improvements must identify:
1. Costs that the local government expects
to incur; and
2. Sources of revenue that the local
government will use,
Ê to acquire,
maintain, operate and replace capital improvements.
(Added to NRS by 1989, 188; A 1989, 768; 1999, 2124)
NRS 278.023 Enactment of separate zoning and planning ordinances for
specific parts of territories. Where
parts of the territory of any county or city lie within the jurisdiction of
different regional planning commissions or other planning authorities, the governing
body of such county or city may enact a separate building, subdivision, zoning
or similar ordinance for each such part of its territory.
(Added to NRS by 1969, 861)
NRS 278.0231 Requirement to place street address or identifying number on
exterior of certain buildings; notice of violation.
1. Each governing body shall require by
ordinance that the owner of every:
(a) Apartment complex place the number of its
street address on the complex in such a manner that the police, fire department
and other persons responding to an emergency can readily locate individual
dwelling units within the complex.
(b) Commercial shopping center place on the back
door of each business in the shopping center, in numerals at least 3 inches
high, a number identifying that business.
(c) Building which is owned by or leased to the
State or a political subdivision thereof and located within the jurisdiction of
the governing body place the number of its street address on the front of the
building in such a manner that the police, fire department and other persons
responding to an emergency can readily locate the building.
(d) Building which is used for commercial
purposes place the number of its street address on the front of the building in
such a manner that the police, fire department and other persons responding to
an emergency can readily locate the building.
2. If, during an inspection of a building,
any member of a fire department becomes aware of a violation of an ordinance
adopted pursuant to subsection 1, the chief officer of the fire department or
an employee designated by the chief officer, shall give notice of the violation
to the owner or occupant of the building.
3. As used in this section, “apartment
complex” means a building or group of buildings, each building of which is
arranged in several suites of connecting rooms, each suite designed for
independent housekeeping.
(Added to NRS by 1987, 1488; A 1991, 998)
NRS 278.02313 Maintenance, reconstruction and repair of sidewalks:
Circumstances under which governing body may compel action by owner of
property.
1. Except as otherwise provided in
subsection 2, a governing body shall not require an owner of property to
maintain, reconstruct or repair a sidewalk in a public right-of-way that abuts
his or her property.
2. The provisions of subsection 1 do not
prohibit a governing body from:
(a) Imposing an assessment or other charge
authorized by law for any reconstruction or repair of a sidewalk that the
governing body causes to be performed within a public right-of-way;
(b) Requiring any reconstruction or repair of a
sidewalk as a condition of approval for a change in the use of the land;
(c) Requiring an owner of property to maintain a
sidewalk in a public right-of-way that abuts his or her property if the
sidewalk was constructed pursuant to standards that exceed the general
standards of the governing body for sidewalks; or
(d) Requiring, by ordinance, owners of property
to be responsible for:
(1) The repair and reconstruction of a
sidewalk in the public right-of-way that abuts the property of the owner if the
owner caused the need for such repair or reconstruction.
(2) The general maintenance of a sidewalk
in the public right-of-way that abuts the property of the owner, including,
without limitation, sweeping, removal of snow, ice and weeds, and maintenance
of any grass, shrubs or trees that encroach on the sidewalk.
(Added to NRS by 2003, 1738)
NRS 278.02315 Inclusion of provisions for placement of recycling containers in
plans for construction or major renovation of apartment complex or condominium.
1. On and after October 1, 2009, a
governing body or its designee shall not approve any plan or revised plan for
the construction or major renovation of an apartment complex or condominium
unless the plan or revised plan includes provisions for the placement of
recycling containers on the premises of the apartment complex or condominium.
2. As used in this section:
(a) “Apartment complex” has the meaning ascribed
to it in NRS 444A.0103.
(b) “Condominium” has the meaning ascribed to it
in NRS 117.010.
(c) “Major renovation” means the destruction or
reconstruction of an apartment complex or condominium to an extent which
exceeds 50 percent of the replacement value of the apartment complex or
condominium.
(Added to NRS by 2009, 834)
NRS 278.02317 Governing body may not require dedication of real property as
condition for issuance of building permit; exceptions.
1. Except as otherwise provided in
subsection 2, a governing body shall not require an owner of land to dedicate
real property or any interest in real property as a condition for the issuance
of a building permit.
2. The provisions of subsection 1 do not
prohibit:
(a) A governing body from requiring, before the
issuance of a building permit, that an owner of land comply with any applicable
conditions of a discretionary approval, including, without limitation, a
special use permit, that has been granted previously; or
(b) The application of any requirements that a
governing body imposes by ordinance with respect to a broad class of owners of
land.
(Added to NRS by 2003, 656)
NRS 278.0232 Closure or conversion of mobile home park: Report required to be
filed with planning commission or governing body.
1. Before a mobile home park is closed or
converted to any other use, the person proposing the closure or conversion
shall file with the appropriate planning commission or governing body a report
containing information concerning the closure or conversion of the park. The
report must address the availability of comparable parks in the area and the
cost of relocating a mobile home to another park.
2. The planning commission or governing
body shall make the report available for review by the general public.
(Added to NRS by 1987, 932)
NRS 278.02325 Conversion of existing mobile home park into individually owned
lots: Restrictions governing body, commission or board may not impose as
condition of approval. A governing
body, commission or board whose approval is necessary pursuant to NRS 278.010 to 278.630,
inclusive, for the conversion of an existing mobile home park into individually
owned mobile home lots:
1. Except as otherwise provided in
subsection 2, may not require any change to existing densities, uses, lot
sizes, setbacks or other similar restrictions applicable to the mobile home
park as a condition of the approval of the conversion.
2. May impose reasonable restrictions
related to health and safety as a condition of the approval of the conversion.
(Added to NRS by 2003, 681)
NRS 278.02327 Application for matter relating to land use planning required to
be complete for acceptance by governing body; review for completeness;
procedure for return of incomplete application.
1. Any application submitted to a
governing body or its designee that concerns any matter relating to land use
planning pursuant to NRS 278.010 to 278.630, inclusive, or any ordinance, resolution or
regulation adopted pursuant thereto, may not be accepted by the governing body
or its designee if the application is incomplete.
2. The governing body or its designee
shall, within 3 working days after receiving an application of the type
described in subsection 1:
(a) Review the application for completeness;
(b) Accept the application if the governing body
or its designee finds that the application is complete or return the
application if the governing body or its designee finds that the application is
incomplete; and
(c) If the governing body or its designee returns
the application:
(1) Provide to the applicant a description
of the additional information required; and
(2) If requested by the applicant, provide
to the applicant a copy of the relevant provision of the ordinance, resolution
or regulation which specifically requires the additional information or an
explanation of why the additional information is necessary.
(Added to NRS by 2007, 1538; A 2013, 3216)
NRS 278.0233 Actions against agency: Conditions and limitations.
1. Any person who has any right, title or
interest in real property, and who has filed with the appropriate state or
local agency an application for a permit which is required by statute or an
ordinance, resolution or regulation adopted pursuant to NRS
278.010 to 278.630, inclusive, before that
person may improve, convey or otherwise put that property to use, may bring an
action against the agency to recover actual damages caused by:
(a) Any final action, decision or order of the
agency which imposes requirements, limitations or conditions upon the use of
the property in excess of those authorized by ordinances, resolutions or
regulations adopted pursuant to NRS 278.010 to 278.630, inclusive, in effect on the date the
application was filed, and which:
(1) Is arbitrary or capricious; or
(2) Is unlawful or exceeds lawful
authority.
(b) Any final action, decision or order of the
agency imposing a tax, fee or other monetary charge that is not expressly
authorized by statute or that is in excess of the amount expressly authorized
by statute.
(c) The failure of the agency to act on that
application within the time for that action as limited by statute, ordinance or
regulation.
2. An action must not be brought under
subsection 1:
(a) Where the agency did not know, or reasonably
could not have known, that its action, decision or order was unlawful or in
excess of its authority.
(b) Based on the invalidation of an ordinance,
resolution or regulation in effect on the date the application for the permit
was filed.
(c) Where a lawful action, decision or order of the
agency is taken or made to prevent a condition which would constitute a threat
to the health, safety, morals or general welfare of the community.
(d) Where the applicant agrees in writing to
extensions of time concerning his or her application.
(e) Where the applicant agrees in writing or
orally on the record during a hearing to the requirements, limitations or
conditions imposed by the action, decision or order, unless the applicant
expressly states in writing or orally on the record during the hearing that a
requirement, limitation or condition is agreed to under protest and specifies
which paragraph of subsection 1 provides cause for the protest.
(f) For unintentional procedural or ministerial
errors of the agency.
(g) Unless all administrative remedies have been
exhausted.
(h) Against any individual member of the agency.
(Added to NRS by 1983, 2099; A 1995, 1035; 2013, 3216)
NRS 278.0235 Actions against agency: Commencement. No
action or proceeding may be commenced for the purpose of seeking judicial
relief or review from or with respect to any final action, decision or order of
any governing body, commission or board authorized by NRS
278.010 to 278.630, inclusive, unless the
action or proceeding is commenced within 25 days after the date of filing of
notice of the final action, decision or order with the clerk or secretary of
the governing body, commission or board.
(Added to NRS by 1971, 1264; A 1991, 48; 2013, 3217)
NRS 278.0237 Actions against agency: Defenses; attorney’s fees, court costs
and interest; remedy cumulative.
1. It is a complete defense to any action
brought under NRS 278.0233 against a political
subdivision of this State that the final action, decision or order complained
of was required by federal or state law or by a regulation of a state agency
which became effective after the date on which the application for a permit was
filed.
2. The court may award reasonable
attorney’s fees, court costs and interest to the prevailing party in an action
brought under NRS 278.0233.
3. The remedy prescribed by NRS 278.0233 is in addition to any other remedy
provided by law.
(Added to NRS by 1983, 2100; A 1995, 1036)
GROUP HOMES
NRS 278.0238 Definitions. Repealed.
(See chapter 153, Statutes of Nevada 2013, at page 515.)
NRS 278.02381 “Halfway house for recovering alcohol and drug abusers” defined. Repealed. (See chapter 153, Statutes of Nevada
2013, at page 515.)
NRS 278.02382 “Health Division” defined. Repealed.
(See chapters 153 and 489, Statutes of Nevada 2013, at pp. 515 and 3071.)
NRS 278.02383 “Home for individual residential care” defined. Repealed. (See chapter 153, Statutes of Nevada
2013, at page 515.)
NRS 278.02384 “Residential establishment” defined. Repealed.
(See chapter 153, Statutes of Nevada 2013, at page 515.)
NRS 278.02385 “Residential facility for groups” defined. Repealed. (See chapter 153, Statutes of Nevada
2013, at page 515.)
NRS 278.02386 Certain homes and facilities required to be included in
definition of “single-family residence” in city and county ordinances;
exclusions; siting of residential establishments in certain larger counties;
special use permits; restriction on application of section. Repealed. (See chapter 153, Statutes of Nevada
2013, at page 515.)
NRS 278.02387 Registry of group homes: Transmission of information;
compilation and maintenance by Health Division; contents; availability. Repealed. (See chapter 153, Statutes of Nevada
2013, at page 515.)
NRS 278.02388 Prerequisites to approval or issuance of rezoning, zone variance
or special use permit necessary to operate residential establishment;
conditional approval or issuance. Repealed.
(See chapter 153, Statutes of Nevada 2013, at page 515.)
SPRING MOUNTAINS AND RED ROCK CANYON
NRS 278.0239 Supremacy of limits upon development established by certain
special legislative acts. In the
region of this State for which the Spring Mountains National Recreation Area
Act and the Red Rock Canyon Conservation Area and Adjacent Lands Act establish
limits upon development, the powers conferred by this chapter which relate to
planning, subdivision regulation and zoning are subordinate to those limits.
(Added to NRS by 2003, 596; A 2009, 735)
REGIONAL PLANNING AGENCIES
NRS 278.024 Powers of Nevada Tahoe Regional Planning Agency. [Effective upon
the proclamation by the Governor of this State of the withdrawal by the State
of California from the Tahoe Regional Planning Compact or of a finding by the
Governor of this State that the Tahoe Regional Planning Agency has become
unable to perform its duties or exercise its powers.]
1. In the region of this State for which
there has been created by NRS 278.780 to 278.828, inclusive, a regional planning agency, the
powers conferred by NRS 278.010 to 278.630, inclusive, upon any other authority are
subordinate to the powers of such regional planning agency, and may be
exercised only to the extent that their exercise does not conflict with any
ordinance or plan adopted by such regional planning agency. The powers
conferred by NRS 278.010 to 278.630,
inclusive, shall be exercised whenever appropriate in furtherance of a plan
adopted by the regional planning agency.
2. Upon the adoption by a regional
planning agency created by NRS 278.780 to 278.828, inclusive, of any regional plan, any plan
adopted pursuant to NRS 278.010 to 278.630, inclusive, shall cease to be effective as to
the territory embraced in such regional plan. Each planning commission and
governing body whose previously adopted plan is so affected shall, within 90
days after the effective date of the regional plan, initiate any necessary
procedure to revise its plan and any related zoning ordinances which affect
adjacent territory.
(Added to NRS by 1969, 50; A 1979, 1127,
effective upon the proclamation by the Governor of this State of the withdrawal
by the State of California from the Tahoe Regional Planning Compact or of a
finding by the Governor of this State that the Tahoe Regional Planning Agency
has become unable to perform its duties or exercise its powers; A 2011, 3732,
3739; 2013, 2367,
3217)
NRS 278.025 Powers of regional planning agency created by interstate
compact.
1. In any region of this State for which
there has been created by interstate compact a regional planning agency, the
powers conferred by NRS 278.010 to 278.630, inclusive, are subordinate to the powers of
such regional planning agency, and may be exercised only to the extent that
their exercise does not conflict with any ordinance or plan adopted by such
regional planning agency. The powers conferred by NRS
278.010 to 278.630, inclusive, shall be
exercised whenever appropriate in furtherance of a plan adopted by the regional
planning agency.
2. Upon the adoption by a regional
planning agency created by interstate compact of any regional plan or interim
plan, any plan adopted pursuant to NRS 278.010 to 278.630, inclusive, shall cease to be effective as to
the territory embraced in such regional or interim plan. Each planning
commission and governing body whose previously adopted plan is so affected
shall, within 90 days after the effective date of the regional or interim plan,
initiate any necessary procedure to revise its plan and any related zoning
ordinances which affect adjacent territory.
(Added to NRS by 1968, 14; R 2011, 3740;
A 2013,
2366, 2367,
3217, 3838)
REGIONAL PLANNING IN COUNTIES WHOSE POPULATION IS 700,000
OR MORE
General Provisions
NRS 278.02507 Applicability. The
provisions of NRS 278.02507 to 278.02598, inclusive, apply only to counties whose
population is 700,000 or more and cities located within those counties.
(Added to NRS by 1999, 3364; A 2009, 2261;
2011, 1177)
NRS 278.02514 Regional planning coalition: Establishment. In a county whose population is 700,000 or
more, the board of county commissioners and the city council of each of at
least the three largest cities in the county shall establish a regional
planning coalition by cooperative agreement pursuant to chapter 277 of NRS.
(Added to NRS by 1999, 1973; A 1999, 3374; 2011, 1178)
Comprehensive Regional Policy Planning
NRS 278.02521 Legislative intent.
1. The Legislature recognizes the need for
innovative strategies of planning and development that:
(a) Address the anticipated needs and demands of
continued urbanization and the corresponding need to protect environmentally
sensitive areas; and
(b) Will allow the development of less populous
regions of this State if such regions:
(1) Seek increased economic development;
and
(2) Have sufficient resources of land and
water to accommodate development in a manner that is environmentally sound.
2. The Legislature further recognizes that
innovative strategies of planning and development may be superior to
conventional strategies of planning and development with respect to:
(a) Protecting environmentally sensitive areas;
(b) Maintaining the economic viability of
agricultural and other predominantly rural land uses; and
(c) Providing cost-effective public facilities
and services.
3. It is the intent of the Legislature
that each comprehensive regional policy plan adopted or amended pursuant to
this chapter should set forth a process of planning which:
(a) Allows for:
(1) The efficient use of land within
existing urban areas; and
(2) The conversion of rural lands to other
uses, if such other uses are appropriate and consistent with the provisions of
this chapter and the master plan of each affected city and county.
(b) Uses innovative and flexible strategies of
planning and development and creative techniques of land use planning which
promote sustainable growth, including, without limitation, establishment of new
towns, the maintenance of open space and mixed-use development.
4. It is the further intent of the
Legislature that when the governing body of a local government adopts a master
plan or zoning regulation, the plan or regulation should promote a strategy of
maximizing the use of existing facilities and services through redevelopment,
interspersion of new housing and businesses in established neighborhoods and
other mechanisms for urban revitalization.
5. It is the further intent of the
Legislature that the construction of public facilities and the provision of
services necessary to support development should be coordinated with activities
of development to ensure that demand for such facilities and services can be
met at the time the demand is created. In carrying out this intent, local and
regional governmental entities are encouraged to construct public facilities,
including, without limitation, buildings that are certified in accordance with
the Leadership in Energy and Environmental Design Green Building System or its
equivalent, provide services or carry out development in phases. Public
facilities constructed and services provided to accommodate new development
should be consistent with plans for capital improvements prepared pursuant to NRS 278.0226.
(Added to NRS by 1999, 1926; A 2005, 1583)
NRS 278.02528 Comprehensive regional policy plan: Development by regional
planning coalition; contents; prerequisites to adoption and amendment.
1. The regional planning coalition shall
develop a comprehensive regional policy plan for the balanced economic, social,
physical, environmental and fiscal development and orderly management of the
growth of the region for a period of at least 20 years. The comprehensive
regional policy plan must contain recommendations of policy to carry out each
part of the plan.
2. In developing the plan, the coalition:
(a) May consult with other entities that are
interested or involved in regional planning within the county.
(b) Shall ensure that the comprehensive regional
policy plan includes goals, policies, maps and other documents relating to:
(1) Conservation, including, without
limitation, policies relating to the use and protection of natural resources.
(2) Population, including, without
limitation, standardized projections for population growth in the region.
(3) Land use and development, including,
without limitation, a map of land use plans that have been adopted by local
governmental entities within the region, and that the plan addresses, if
applicable:
(I) Mixed-use development,
transit-oriented development, master-planned communities and gaming enterprise
districts; and
(II) The coordination and
compatibility of land uses with each military installation in the region,
taking into account the location, purpose and stated mission of the military
installation.
(4) Transportation.
(5) The efficient provision of public
facilities and services, including, without limitation, roads, water and sewer
service, police and fire protection, mass transit, libraries and parks.
(6) Air quality.
(7) Strategies to promote and encourage:
(I) The interspersion of new housing
and businesses in established neighborhoods;
(II) The preservation of historic
neighborhoods; and
(III) Development in areas in which
public services are available.
3. The regional planning coalition shall
not adopt or amend the comprehensive regional policy plan unless the adoption
or amendment is by resolution of the regional planning coalition:
(a) Carried by the affirmative votes of not less
than two-thirds of its total membership; and
(b) Ratified by the board of county commissioners
of the county and the city council of each city that jointly established the
regional planning coalition pursuant to NRS 278.02514.
(Added to NRS by 1999, 1928; A 1999, 3370; 2005, 1584; 2007, 340; 2009, 2758)
NRS 278.02535 Regional planning coalition: Study and development of incentives
for certain types of development.
1. The regional planning coalition shall
study and develop methods to provide incentives for:
(a) The interspersion of new housing and
businesses in established neighborhoods, including, without limitation, the:
(1) Creation of an expedited process for
granting necessary permits for a development that features such interspersion;
and
(2) Imposition of a fee for the extension
of infrastructure to encourage such interspersion.
(b) Mixed-use development, transit-oriented
development, the development of a brownfield site and development which
minimizes the negative impact on the environment. As used in this paragraph,
“brownfield site” has the meaning ascribed to it in 42 U.S.C. § 9601.
(c) Large commercial development which provides
employee parking at a site other than the commercial development. Such
incentives may be developed in cooperation with the regional transportation
commission and other governmental entities.
2. As used in this section,
“infrastructure” means publicly owned or publicly supported facilities that are
necessary or desirable to support intense habitation within a region,
including, without limitation, parks, roads, schools, libraries, community
centers, police and fire protection, sanitary sewers, facilities for mass
transit and facilities for the conveyance of water and the treatment of
wastewater.
(Added to NRS by 1999, 1928; A 1999, 3371; 2005, 1585)
NRS 278.02542 Regional planning coalition: Powers; establishment of definition
for term “project of regional significance.”
1. The regional planning coalition may:
(a) Coordinate sources of information.
(b) Recommend measures to increase the efficiency
of governmental entities and services.
(c) Make recommendations regarding the disposal
of federal land.
(d) Establish methods for resolving issues
related to annexation, boundaries and other matters that arise between
jurisdictions.
(e) At least every 5 years, review:
(1) Master plans, facilities plans and
other similar plans, and amendments thereto, adopted by a governing body,
regional agency, state agency or public utility that is located in whole or in
part within the region; and
(2) The annual plan for capital
improvements that is prepared by each local government in the region pursuant
to NRS 278.0226.
(f) Develop and recommend, to the extent
practicable, standardized classifications for land use for the region.
(g) Consider and take necessary action with
respect to any issue that the regional planning coalition determines will have
a significant impact on the region, including, without limitation, projects of
regional significance.
(h) Review, consider and make recommendations
regarding applications submitted to agencies of the Federal Government and applications
for federal assistance for federally assisted programs or projects.
(i) Designate allowable future land uses for each
part of the county, including, without limitation, the identification of each
category of land use in which the construction and operation of a public school
is permissible. The identification of a category of land use in which the
construction and operation of a public school is permissible must be carried
out in consultation with the county school district and include a determination
of whether there is sufficient land in the proximity of a residential
development to meet projected needs for public schools.
2. The regional planning coalition shall
establish a definition for the term “project of regional significance.” In
establishing the definition, the regional planning coalition shall consider:
(a) Existing definitions of the term within the
Nevada Revised Statutes; and
(b) That a project may have regional significance
for several reasons, including, without limitation, the potential impact that
the project may have on historic, archaeological, paleontological, cultural,
scenic and natural resources, public facilities, including, without limitation,
schools, and public services within the region.
(Added to NRS by 1999, 1929; A 1999, 3371; 2001, 2116; 2005, 1585; 2009, 377)
NRS 278.02549 Certain public entities to submit plans to regional planning
coalition for review; certain public entities to ensure consistency of land use
plans and decisions with comprehensive regional policy plan and certified
plans.
1. Each governing body, regional agency,
state agency or public utility that is located in whole or in part within the
region shall, at least every 5 years, submit to the regional planning coalition
for its review all master plans, facilities plans and other similar plans of the
governing body, regional agency, state agency or public utility.
2. Each regional agency and state agency
that is located in whole or in part within the region shall, to the extent
practicable, ensure that all its master plans, facilities plans and other
similar plans and decisions pertaining to the use of land are consistent with:
(a) The comprehensive regional policy plan
developed and adopted by the regional planning coalition pursuant to NRS 278.02528; and
(b) The master plans, facilities plans and other
similar plans of a city or county which have been certified by the regional
planning coalition pursuant to subsection 4 of NRS
278.02577 as being in substantial conformance with the comprehensive
regional policy plan.
(Added to NRS by 1999, 1929; A 1999, 3372; 2001, 2117)
NRS 278.02556 Certain public entities prohibited from adopting or amending
certain plans after March 1, 2001, unless regional planning coalition afforded
opportunity to make recommendations; exception. Except
as otherwise provided in this section, a governing body, regional agency, state
agency or public utility that is located in whole or in part within the region
shall not adopt a master plan, facilities plan or other similar plan, or an
amendment thereto, after March 1, 2001, unless the regional planning coalition
has been afforded an opportunity to make recommendations regarding the plan or
amendment. A governing body, regional agency, state agency or public utility
may adopt an amendment to a land use plan described in NRS
278.160 without affording the regional planning coalition the opportunity
to make recommendations regarding the amendment.
(Added to NRS by 1999, 1929; A 2009, 2759;
2013, 1499)
NRS 278.02563 Regional planning coalition to annually prepare, adopt and
submit budget to local governments in region. The
regional planning coalition shall, on or before July 1 of each year, prepare
and adopt a budget for the immediately succeeding fiscal year and shall submit
that budget to each of the local governments within the region as a
recommendation for funding.
(Added to NRS by 1999, 1930)
NRS 278.0257 Regional planning coalition authorized to employ persons and
contract for services to carry out certain duties. The
regional planning coalition may employ persons or contract for services
necessary to carry out:
1. The provisions of NRS 278.02528 to 278.02577,
inclusive; and
2. Other responsibilities set forth in the
cooperative agreement pursuant to which the regional planning coalition was
established pursuant to NRS 278.02514.
(Added to NRS by 1999, 1930; A 1999, 3372)
NRS 278.02577 Regional planning coalition to review plans of public entities
for conformance with comprehensive regional policy plan; procedure upon
determination of nonconformance or conformance; grants to city or county.
1. At least every 5 years, the regional
planning coalition shall review the master plans, facilities plans and other
similar plans that it receives pursuant to NRS
278.02549, and determine whether those plans are in substantial conformance
with the comprehensive regional policy plan.
2. If the regional planning coalition
determines that a plan reviewed pursuant to subsection 1 is not in substantial
conformance with the comprehensive regional policy plan, the regional planning
coalition shall return the plan to the submitting entity accompanied by
recommendations regarding the manner in which the submitting entity may bring
the plan into substantial conformance with the comprehensive regional policy
plan.
3. Within 90 days after the date on which
a submitting entity receives the plan and recommendations from the regional
planning coalition pursuant to subsection 2, the submitting entity shall
provide to the regional planning coalition a written response setting forth
the:
(a) Manner in which the submitting entity changed
the plan to be in substantial conformance with the comprehensive regional
policy plan; or
(b) Reasons of the submitting entity for not
bringing the plan into substantial conformance.
4. If the regional planning coalition
determines that all the plans that a city or county is required to submit
pursuant to NRS 278.02549 are in substantial
conformance with the comprehensive regional policy plan, the regional planning
coalition shall issue to the city or county a certificate or other indicia of
that determination. Upon receipt of such a certificate or other indicia, the
city or county, until the next time the regional planning coalition reviews the
plans of the city or county pursuant to subsection 1, is entitled to establish
its own policies and procedures with respect to regional planning, to the
extent that those policies and procedures do not conflict with federal or state
law.
5. The regional planning coalition may,
within the limits of legislative appropriations and other available money,
provide grants to a city or county if the regional planning coalition has
issued to the city or county a certificate or other indicia pursuant to
subsection 4 of the determination of the regional planning coalition that all
the plans that the city or county is required to submit pursuant to NRS 278.02549 are in substantial conformance with
the comprehensive regional policy plan. Grants provided to a city or county
pursuant to this subsection must be expended by the city or county only to pay
the costs of establishing, maintaining and carrying out programs related to
land use planning.
(Added to NRS by 1999, 1930; A 1999, 3372; 2001, 2117)
Planning for Land Use, Transportation and Air Quality
NRS 278.02584 Regional planning coalition to cooperate with local air
pollution control board and regional transportation commission for consistency
of action and to carry out program of integrated, long-range planning; public
hearings; preparation and submission of report.
1. The regional planning coalition shall
cooperate with the local air pollution control board and the regional
transportation commission in the county in which it is located to:
(a) Ensure that the plans, policies and programs
adopted by each of them are consistent to the greatest extent practicable.
(b) In addition to the comprehensive regional
policy plan required by NRS 278.02528, establish
and carry out a program of integrated, long-range planning that conserves the
economic, financial and natural resources of the region and supports a common
vision of desired future conditions.
2. Before adopting or amending a plan,
policy or program, the regional planning coalition shall:
(a) Consult with the local air pollution control
board and the regional transportation commission; and
(b) Conduct hearings to solicit public comment on
the consistency of the plan, policy or program with:
(1) The plans, policies and programs
adopted or proposed to be adopted by the local air pollution control board and
the regional transportation commission; and
(2) Plans for capital improvements that
have been prepared pursuant to NRS 278.0226.
3. If the program for control of air
pollution established and administered by the local air pollution control board
includes measures for the control of traffic or transportation, the regional
planning coalition shall consider recommending the use of alternative land use
designations, densities and design standards to meet local and regional needs
with respect to transportation.
4. Not more than once every 2 years, the
regional planning coalition shall:
(a) Prepare a report that summarizes the policies
related to land use, transportation and air quality which it has adopted and
which the local air pollution control board and the regional transportation
commission have adopted; and
(b) Submit a copy of the report to the:
(1) County clerk of the appropriate
county;
(2) Division of Environmental Protection
of the State Department of Conservation and Natural Resources;
(3) Division of State Lands of the State
Department of Conservation and Natural Resources; and
(4) Department of Transportation.
5. As used in this section:
(a) “Local air pollution control board” means a
board that establishes a program for the control of air pollution pursuant to NRS 445B.500.
(b) “Regional transportation commission” means a
regional transportation commission created and organized in accordance with chapter 277A of NRS.
(Added to NRS by 1999, 1974; A 1999, 3375; 2009, 851)
NRS 278.02587 Bus turnouts: Designation of locations for and funding of
construction by regional transportation commission; construction pursuant to
interlocal or cooperative agreement; technical advisory committee.
1. Not later than December 31, 2009:
(a) Except as otherwise provided in subsection 7,
the commission shall designate 10 locations in the county that are owned by the
State or by local governments and at which a bus turnout must be constructed
pursuant to this section; and
(b) For each location designated pursuant to
paragraph (a), the commission and the State or the local government that owns
the location shall execute an interlocal or cooperative agreement that
authorizes the construction of a bus turnout at the location.
2. For each location designated pursuant
to subsection 1, the commission and the State or the local government that owns
the location shall ensure that a bus turnout is constructed not later than
December 31, 2012.
3. Not later than December 31, 2011:
(a) Except as otherwise provided in subsection 7,
the commission shall designate 15 locations in the county that are owned by the
State or by local governments and at which a bus turnout must be constructed
pursuant to this section; and
(b) For each location designated pursuant to
paragraph (a), the commission and the State or the local government that owns
the location shall execute an interlocal or cooperative agreement that
authorizes the construction of a bus turnout at the location.
4. For each location designated pursuant
to subsection 3, the commission and the State or the local government that owns
the location shall ensure that a bus turnout is constructed not later than
December 31, 2014.
5. The commission shall fund the
construction of a bus turnout built pursuant to this section.
6. When determining the locations to be
designated pursuant to subsection 1 or 3, the commission shall consider,
without limitation:
(a) The amount of traffic congestion at the
location during hours of peak traffic;
(b) The extent of improvements to the location
that would need to be completed before the bus turnout could be constructed;
(c) The proximity of the location to an
intersection;
(d) The frequency with which buses receive and
discharge passengers at the location;
(e) The number of bus passengers regularly using
the bus stop at the location;
(f) The general need for a bus turnout at the
location; and
(g) Any obstacle that may prevent the completion
of the construction of a bus turnout by the date set forth in subsection 2 or
4, as applicable.
7. The commission shall not designate more
than three locations pursuant to subsection 1 or 3 that are owned by the State
or by the same local government.
8. The commission shall establish a
technical advisory committee which shall:
(a) As soon as practicable after the locations
have been designated pursuant to subsection 3 and before the development of
construction plans for the bus turnouts, meet with all utility companies and
franchise holders whose utilities or facilities may be impacted by a bus
turnout constructed pursuant to that subsection. Such meetings may include
visits to the designated locations.
(b) Work in a cooperative manner with the
affected utilities and franchise holders to minimize the total cost for the
placement or relocation of the affected utility or facility.
9. As used in this section:
(a) “Bus” has the meaning ascribed to it in NRS 484A.030.
(b) “Bus turnout” means a fixed area that is:
(1) Adjacent or appurtenant to, or within
reasonable proximity of, a public highway; and
(2) To be occupied exclusively by buses in
receiving or discharging passengers.
(c) “Commission” means the regional
transportation commission created and organized pursuant to chapter 277A of NRS in a county whose
population is 700,000 or more.
(d) “Local government” means any political
subdivision of the State, including, without limitation, any county, city,
town, board, airport authority, fire protection district, irrigation district,
school district, hospital district or other special district which performs a
governmental function and which is located within the jurisdiction of the commission.
(e) “Location” means a parcel of real property
which:
(1) Is owned by the State or by a local
government;
(2) Is adjacent to a public highway; and
(3) Contains a bench, shelter or transit
stop for passengers of public transportation.
(f) “Public highway” means any street, road,
alley, thoroughfare, way or place of any kind used by the public or open to the
use of the public as a matter of right for the purpose of vehicular traffic.
(Added to NRS by 2009, 2260;
A 2011, 882,
1178)
Extension of Infrastructure to Undeveloped Areas
NRS 278.02591 Analysis by governing body of cost to construct infrastructure
in undeveloped area: Establishment; contents; approval; provision to regional
planning coalition.
1. A governing body may establish,
independently or in conjunction with another governing body, an analysis of the
cost to construct infrastructure in an area which is relatively undeveloped and
which is likely to become developed.
2. The analysis of the cost to construct
infrastructure in an area that is relatively undeveloped must include, without
limitation:
(a) A precise description of the area, either in
the form of a legal description or by reference to roadways, lakes and
waterways, railroads or similar landmarks, and township, county or city
boundaries;
(b) An estimate of the expected total population
of the area when the land becomes fully developed;
(c) An assessment of the infrastructure that will
be necessary to support the area when it becomes fully developed according to
the master plan adopted by the governing body pursuant to NRS 278.220; and
(d) A plan for the development of the
infrastructure which includes, without limitation:
(1) Any minimum requirements for the
development of infrastructure that have been determined by the regional
planning coalition;
(2) A plan to meet the anticipated needs
of the area for police and fire protection, parks, roads, regional
transportation and flood control facilities when the land becomes fully
developed;
(3) An estimate of the date on which each
phase of the development will occur;
(4) The manner in which the plan for the
development of the infrastructure will be implemented; and
(5) An economic analysis of the cost to
plan and develop fully the infrastructure for the area.
3. The governing body may, if it finds
that the analysis of the projected need for infrastructure is consistent with
the master plan, approve the analysis by ordinance.
4. The governing body shall provide the
necessary copies of the analysis to the regional planning coalition for review
and information.
(Added to NRS by 1999, 3364)
NRS 278.02598 Governing body authorized to negotiate master development
agreements to carry out plan for infrastructure.
1. A governing body may carry out the plan
for infrastructure by negotiating master development agreements, independently
or in conjunction with an interlocal agreement for the area.
2. As used in this section, “master development
agreement” means a written agreement:
(a) Between a governing body and a person who has
a legal or equitable interest in land that is entered into upon the application
of the person who wishes to develop that land;
(b) To enable the governing body to distribute
equitably the costs to develop infrastructure for an area of land that is
largely undeveloped; and
(c) That is based on an analysis of the need for
infrastructure that is prepared pursuant to NRS
278.02591.
(Added to NRS by 1999, 3365)
REGIONAL PLANNING IN COUNTIES WHOSE POPULATION IS 100,000
OR MORE BUT LESS THAN 700,000
NRS 278.026 Definitions. As
used in NRS 278.026 to 278.029,
inclusive, unless the context otherwise requires:
1. “Affected entity” means a public
utility, franchise holder, local or regional agency, or any other entity having
responsibility for planning or providing public facilities relating to
transportation, solid waste, energy generation and transmission, conventions
and the promotion of tourism, air quality or public education. The term does
not include:
(a) A state agency; or
(b) A public utility which is subject to
regulation by the Public Utilities Commission of Nevada.
2. “Facilities plan” means a plan for the
development of public facilities which will have a regional impact or which
will aid in accomplishing regional goals relating to transportation, solid
waste, energy generation and transmission, conventions and the promotion of
tourism, air quality or public education. The term does not include a plan for
the development of a specific site or regulations adopted by an affected entity
to implement the comprehensive regional plan.
3. “Governing board” means the governing
board for regional planning created pursuant to NRS
278.0264.
4. “Joint planning area” means an area
that is the subject of common study and planning by the governing body of a
county and one or more cities.
5. “Project of regional significance,”
with respect to a project proposed by any person other than a public utility,
means a project which:
(a) Has been identified in the guidelines of the
regional planning commission as a project which will result in the loss or
significant degradation of a designated historic, archeological,
paleontological, cultural or scenic resource;
(b) Has been identified in the guidelines of the
regional planning commission as a project which will result in the creation of
significant new geothermal or mining operations;
(c) Has been identified in the guidelines of the
regional planning commission as a project which will have a significant effect
on the natural resources, public services, public facilities, including,
without limitation, schools, or the adopted regional form of the region; or
(d) Will require a change in zoning, a special
use permit, an amendment to a master plan, a tentative map or other approval
for the use of land which, if approved, will have an effect on the region of
increasing:
(1) Employment by not less than 938
employees;
(2) Housing by not less than 625 units;
(3) Hotel accommodations by not less than
625 rooms;
(4) Sewage by not less than 187,500
gallons per day;
(5) Water usage by not less than 625 acre
feet per year; or
(6) Traffic by not less than an average of
6,250 trips daily.
Ê The term
does not include any project for which a request for an amendment to a master
plan, a change in zoning, a tentative map or a special use permit has been
approved by the local planning commission before June 17, 1989.
6. “Project of regional significance,”
with respect to a project proposed by a utility, includes:
(a) An electric substation;
(b) A transmission line that carries 60 kilovolts
or more;
(c) A facility that generates electricity greater
than 5 megawatts;
(d) Natural gas storage and peak shaving
facilities; and
(e) Gas regulator stations and mains that operate
over 100 pounds per square inch.
7. “Sphere of influence” means an area
into which a city plans to expand as designated in the comprehensive regional
plan within the time designated in the comprehensive regional plan.
(Added to NRS by 1989, 759; A 1991, 1733; 1995, 2662; 1997, 1981; 1999, 2124; 2005, 1586; 2009, 378)
NRS 278.0261 Legislative findings and declaration. The
Legislature hereby finds and declares that:
1. The process of regional planning in a
county whose population is 100,000 or more but less than 700,000, as set forth
in NRS 278.026 to 278.029,
inclusive, ensures that comprehensive planning will be carried out with respect
to population, conservation, land use and transportation, public facilities and
services, annexation and intergovernmental coordination.
2. The process of regional planning set
forth in NRS 278.026 to 278.029,
inclusive, does not specifically limit the premature expansion of development
into undeveloped areas or address the unique needs and opportunities that are
characteristic of older neighborhoods in a county whose population is 100,000
or more but less than 700,000.
3. The problem of the premature expansion
of development into undeveloped areas and the unique needs and opportunities
that are characteristic of older neighborhoods may be addressed through:
(a) Cooperative efforts to preserve and
revitalize urban areas and older neighborhoods; and
(b) Review of the master plans, facilities plans
and other similar plans of local governments and other affected entities.
4. It is the intent of the Legislature
with respect to NRS 278.026 to 278.029, inclusive, that each local government and
affected entity shall exercise its powers and duties in a manner that is in
harmony with the powers and duties exercised by other local governments and
affected entities to enhance the long-term health and welfare of the county and
all its residents.
(Added to NRS by 1999, 2123; A 2011, 1179)
NRS 278.0262 Regional planning commission: Creation; membership; chair;
compensation; training.
1. There is hereby created in each county
whose population is 100,000 or more but less than 700,000, a regional planning
commission consisting of:
(a) Three members from the local planning
commission of each city in the county whose population is 60,000 or more,
appointed by the respective governing bodies of those cities;
(b) One member from the local planning commission
of each city in the county whose population is less than 60,000, appointed by
the respective governing bodies of those cities; and
(c) Three members from the local planning
commission of the county, appointed by the governing body of the county, at
least two of whom must reside in unincorporated areas of the county.
2. Except for the terms of the initial
members of the commission, the term of each member is 3 years and until the
selection and qualification of his or her successor. A member may be
reappointed. A member who ceases to be a member of the local planning
commission of the jurisdiction from which he or she is appointed automatically
ceases to be a member of the commission. A vacancy must be filled for the
unexpired term by the governing body which made the original appointment.
3. The commission shall elect its chair
from among its members. The term of the chair is 1 year. The member elected
chair must have been appointed by the governing body of the county or a city
whose population is 60,000 or more, as determined pursuant to a schedule
adopted by the commission and made a part of its bylaws which provides for the
annual rotation of the chair among each of those governing bodies.
4. A member of the commission must be
compensated at the rate of $80 per meeting or $400 per month, whichever is
less.
5. Each member of the commission must
successfully complete the course of training prescribed by the governing body
pursuant to subsection 2 of NRS 278.0265 within 1
year after the date on which his or her term of appointment commences. A member
who fails to complete successfully the course of training as required pursuant
to this subsection forfeits his or her appointment 1 year after the date on
which his or her term of appointment commenced.
(Added to NRS by 1989, 759; A 1999, 2125; 2001, 1965; 2011, 1179)
NRS 278.0263 Regional planning commission: Request for assistance. The regional planning commission shall request
assistance from the governing body of a county, the governing body of a city, a
state agency or an affected entity as required to perform its duties.
(Added to NRS by 1991, 1732)
NRS 278.02632 Regional planning commission: Study and development of
incentives for certain types of development. The
regional planning commission shall continue to study and develop methods to
provide incentives for:
1. Mixed-use development, transit-oriented
development, the development of a brownfield site and development which minimizes
the negative impact on the environment. As used in this subsection, “brownfield
site” has the meaning ascribed to it in 42 U.S.C. § 9601.
2. Large commercial development which
provides employee parking at a site other than the commercial development. Such
incentives may be developed in cooperation with the regional transportation
commission and other local governmental entities.
(Added to NRS by 2005, 1583)
NRS 278.0264 Governing board for regional planning: Creation; membership;
chair; compensation; operational needs; capacity to sue and be sued; budget.
1. There is hereby created in each county
whose population is 100,000 or more but less than 700,000, a governing board
for regional planning consisting of:
(a) Three representatives appointed by the board
of county commissioners, at least two of whom must represent or reside within
unincorporated areas of the county. If the representative is:
(1) A county commissioner, his or her
district must be one of the two districts in the county with the highest
percentage of unincorporated area.
(2) Not a county commissioner, he or she
must reside within an unincorporated area of the county.
(b) Four representatives appointed by the
governing body of the largest incorporated city in the county.
(c) Three representatives appointed by the
governing body of every other incorporated city in the county whose population
is 60,000 or more.
(d) One representative appointed by the governing
body of each incorporated city in the county whose population is less than
60,000.
2. Except for the terms of the initial
members of the governing board, the term of each member is 3 years and until
the selection and qualification of his or her successor. A member may be
reappointed. A vacancy must be filled for the unexpired term by the governing
body which made the original appointment.
3. The governing bodies may appoint
representatives to the governing board from within their respective
memberships. A member of a local governing body who is so appointed and who
subsequently ceases to be a member of that body, automatically ceases to be a
member of the governing board. The governing body may also appoint alternative
representatives who may act in the respective absences of the principal
appointees.
4. The governing board shall elect its
chair from among its members. The term of the chair is 1 year. The member
elected chair must have been appointed by the governing body of the county or a
city whose population is 60,000 or more as determined pursuant to a schedule
adopted by the governing board and made a part of its bylaws which provides for
the annual rotation of the chair among each of those governing bodies.
5. A member of the governing board who is
also a member of the governing body which appointed him or her shall serve
without additional compensation. All other members must be compensated at the
rate of $40 per meeting or $200 per month, whichever is less.
6. The governing board may appoint such
employees as it deems necessary for its work and may contract with city
planners, engineers, architects and other consultants for such services as it
requires.
7. The local governments represented on
the governing board shall provide the necessary facilities, equipment, staff,
supplies and other usual operating expenses necessary to enable the governing
board to carry out its functions. The local governments shall enter into an
agreement whereby those costs are shared by the local governments in proportion
to the number of members that each appoints to the governing board. The
agreement must also contain a provision specifying the responsibility of each
local government, respectively, of paying for legal services needed by the
governing board or by the regional planning commission.
8. The governing board may sue or be sued
in any court of competent jurisdiction.
9. The governing board shall prepare and
adopt an annual budget and transmit it as a recommendation for funding to each
of the local governments.
(Added to NRS by 1989, 760; A 1991, 1734; 2001, 1966; 2011, 1180)
NRS 278.0265 Governing board for regional planning: Adoption of regulations;
prescription of training for members of regional planning commission; fees for
services provided; entry into cooperative agreements and interlocal agreements. The governing board:
1. Shall adopt such regulations as are
necessary to carry out its specific powers and duties.
2. Shall prescribe an appropriate course
of at least 12 hours of training in land use planning for the members of the
regional planning commission. The course of training must include, without
limitation, training relating to:
(a) State statutes and regulations and local
ordinances, resolutions and regulations concerning land use planning; and
(b) The provisions of chapter 241 of NRS.
3. May establish and collect reasonable
fees for the provision of any service that is authorized pursuant to the
provisions of NRS 278.026 to 278.029,
inclusive.
4. May enter into an agreement pursuant to
NRS 277.045 or 277.080 to 277.180, inclusive, for a purpose that is
consistent with the provisions of NRS 278.026 to 278.029, inclusive.
(Added to NRS by 1991, 1732; A 1993, 572; 1999, 2126; 2001, 756; 2005, 1587)
NRS 278.0266 Director of regional planning: Appointment; qualifications;
powers and duties. There is hereby
created the position of director of regional planning. The director:
1. Is appointed by the governing board
from a list of three names submitted by the regional planning commission, and
serves at the pleasure of the governing board;
2. Must be selected on the basis of his or
her training, experience, capability and interest in planning;
3. Must have the demonstrated ability to
administer a major program relating to planning;
4. Shall devote his or her entire time and
attention to the business of that office and shall not pursue any other
business or occupation or hold any other office of profit;
5. Shall not hold any other position
relating to planning with a regional or local entity in the county or be on
leave of absence from any other regional or local entity in the county while
holding the position of director;
6. Is responsible for administration of
the regional planning program;
7. Shall appoint a professional assistant
experienced in planning to assist in administration of the program; and
8. May:
(a) Appoint professional, technical or clerical
staff to, and dismiss them from, positions which are approved by the governing
board;
(b) Execute contracts for services and interlocal
agreements which are approved by the governing board;
(c) Direct the activities of all other persons
employed by the governing board; and
(d) Prepare an annual budget.
(Added to NRS by 1989, 761)
NRS 278.0268 Appointment of subcommittees and advisory committees.
1. The governing board and the regional
planning commission may, jointly or separately, appoint subcommittees for any
purpose that is consistent with NRS 278.026 to 278.029, inclusive. A subcommittee appointed pursuant
to this subsection must be composed only of:
(a) Members of the governing board or regional
planning commission, as appropriate, if the subcommittee is appointed
separately; or
(b) Members from both the governing board and the
regional planning commission, if the subcommittee is appointed jointly.
2. To assist in the formulation and the
implementation of the comprehensive regional plan, the governing board and the
regional planning commission may, jointly or separately, appoint advisory
committees to advise and report to the governing board, regional planning
commission, director of regional planning or a combination of such entities.
3. The governing board and the regional
planning commission may, jointly or separately, appoint advisory committees to
examine issues that affect the county in which the governing board and regional
planning commission are located. The governing board and regional planning
commission may appoint persons from outside the county in which the governing
board and regional planning commission are located and from outside this State
to serve on an advisory committee appointed pursuant to this section. An
advisory committee appointed pursuant to this subsection may:
(a) Identify, examine and discuss regional issues
that affect the county in which the governing board and regional planning
commission are located, including, without limitation, issues relating to land
use, fiscal matters, air quality and infrastructure; and
(b) Make recommendations to the governing board,
regional planning commission, or both, concerning regional issues.
(Added to NRS by 1989, 763; A 2001, 757)
NRS 278.0272 Development, review and amendment of regional plan; public
hearings required.
1. The regional planning commission shall
develop a comprehensive regional plan for the physical development and orderly
management of the growth of the region for the next 20 years.
2. The plan must consist of written text,
appropriate maps and such goals and policies, including those addressing
current and future problems, as may, in the opinion of the commission, affect
the region as a whole and are proper for inclusion in the regional plan.
3. In developing the plan, the commission
shall:
(a) Review and consider each existing regional
plan and master plan that has been adopted pursuant to the provisions of this
chapter and that applies to any area in the region, and any similar plan of a
local government, and may seek and consider the advice of each local planning
commission and any other affected entity; and
(b) Coordinate the elements of the plan and make
them consistent with each other.
4. Before approving the plan, the
commission must hold a public hearing on the proposed plan in each of the
cities within the region and in the unincorporated area of the county.
5. Before amending the plan, the
commission must hold at least one public hearing on the proposed amendment at a
location in the region.
6. The approval of the plan or any
amendment to it must be by resolution of the commission carried by the
affirmative votes of not less than two-thirds of its total membership.
7. The regional planning commission shall
review the plan annually, update it not less than every 5 years, and forward
its recommendations regarding proposed amendments to the plan to the governing
board for adoption. Amendments to the comprehensive regional plan may be
proposed only by the regional planning commission, the governing board or a
local governing body. Except as otherwise provided in subsection 8, all
requests for amendments to the plan must be studied and considered at public
hearings held annually by the commission.
8. The commission may consider a proposed
amendment and determine whether it is necessary to the health and welfare of
the community or substantially benefits the community in general. If the
commission determines that the amendment is necessary, it may schedule a public
hearing on the amendment at any time. Any person may appeal the determination
of the commission to the governing board.
9. Except as otherwise provided in this
subsection, notice of the time and place of each hearing required by the provisions
of this section must be given by publication in a newspaper of general
circulation in the region at least 10 days before the day of the hearing. If
there is more than one newspaper of general circulation in the region, notice
must be given by publication in at least two such newspapers. Notice of the
time and place of the initial meeting of the regional planning commission and
the hearing at which the commission receives testimony concerning final
approval of the comprehensive regional plan must be given by publication at
least 30 days before the day of the meeting or hearing. Notice given pursuant
to this subsection must be a display advertisement of not less than 3 inches by
5 inches.
(Added to NRS by 1989, 761)
NRS 278.0274 Contents of regional plan. The
comprehensive regional plan must include goals, policies, maps and other
documents relating to:
1. Population, including a projection of
population growth in the region and the resources that will be necessary to
support that population.
2. Conservation, including policies
relating to the use and protection of air, land, water and other natural
resources, ambient air quality, natural recharge areas, floodplains and
wetlands, and a map showing the areas that are best suited for development
based on those policies.
3. The limitation of the premature
expansion of development into undeveloped areas, preservation of neighborhoods
and revitalization of urban areas, including, without limitation, policies that
relate to the interspersion of new housing and businesses in established
neighborhoods and set forth principles by which growth will be directed to
older urban areas.
4. Land use and transportation, including
the classification of future land uses by density or intensity of development
based upon the projected necessity and availability of public facilities,
including, without limitation, schools, and services and natural resources, and
the compatibility of development in one area with that of other areas in the
region. This portion of the plan must:
(a) Address, if applicable:
(1) Mixed-use development,
transit-oriented development, master-planned communities and gaming enterprise
districts; and
(2) The coordination and compatibility of
land uses with each military installation in the region, taking into account
the location, purpose and stated mission of the military installation;
(b) Allow for a variety of uses;
(c) Describe the transportation facilities that
will be necessary to satisfy the requirements created by those future uses; and
(d) Be based upon the policies and map relating
to conservation that are developed pursuant to subsection 2, surveys, studies
and data relating to the area, the amount of land required to accommodate
planned growth, the population of the area projected pursuant to subsection 1,
and the characteristics of undeveloped land in the area.
5. Public facilities and services,
including provisions relating to sanitary sewer facilities, solid waste, flood
control, potable water and groundwater aquifer recharge which are correlated
with principles and guidelines for future land uses, and which specify ways to
satisfy the requirements created by those future uses. This portion of the plan
must:
(a) Describe the problems and needs of the area
relating to public facilities and services and the general facilities that will
be required for their solution and satisfaction;
(b) Identify the providers of public services
within the region and the area within which each must serve, including service
territories set by the Public Utilities Commission of Nevada for public
utilities;
(c) Establish the time within which those public
facilities and services necessary to support the development relating to land
use and transportation must be made available to satisfy the requirements
created by that development; and
(d) Contain a summary prepared by the regional
planning commission regarding the plans for capital improvements that:
(1) Are required to be prepared by each
local government in the region pursuant to NRS
278.0226; and
(2) May be prepared by the water planning
commission of the county, the regional transportation commission and the county
school district.
6. Annexation, including the
identification of spheres of influence for each unit of local government,
improvement district or other service district and specifying standards and
policies for changing the boundaries of a sphere of influence and procedures
for the review of development within each sphere of influence. As used in this
subsection, “sphere of influence” means an area into which a political
subdivision may expand in the foreseeable future.
7. Intergovernmental coordination,
including the establishment of guidelines for determining whether local master
plans and facilities plans conform with the comprehensive regional plan.
8. Any utility project required to be
reported pursuant to NRS 278.145.
(Added to NRS by 1989, 762; A 1991, 953; 1997, 1982; 1999, 2126; 2005, 1587; 2007, 340; 2009, 2759;
2011, 3744)
NRS 278.0276 Adoption of regional plan. The
governing board shall adopt the plan approved by the regional planning
commission with any amendments it deems necessary. Before adopting the plan
with any amendments the board shall submit each proposed amendment to the regional
planning commission for its review and comment. The commission shall complete
its review and return the plan to the governing board within 30 days or as
specified by the board. Within 30 days after its receipt of the commission’s
comments, the governing board shall consider those comments and adopt the plan
with or without amendment. The adoption of the plan or any amendment must be by
resolution of the governing board carried by a simple majority of its total
membership. Before the adoption of the plan or any amendment, the governing
board must hold a public hearing, notice of the time and place of which must be
given by publication in a newspaper of general circulation in the region not
later than 10 days before the day of the hearing.
(Added to NRS by 1989, 763)
NRS 278.0277 Project of regional significance: Adoption of guidelines and
procedures for review of proposal. The
regional planning commission shall adopt guidelines and procedures for the
review of whether a proposal for the use of land submitted to a county or city
located in the region is a project of regional significance. The county or city
shall use the guidelines and procedures adopted by the regional planning
commission to determine if a proposal for the use of land is a project of
regional significance.
(Added to NRS by 1991, 1731)
NRS 278.0278 Project of regional significance: Finding of conformance with
adopted regional plan required before final approval and commencement of
construction; appeal of determination to governing board.
1. Before a project of regional
significance is approved finally by the county or city and before construction
on a project of regional significance may begin, the regional planning
commission must make a finding that the project is in conformance with the
adopted regional plan. In making its determination, the commission shall limit
its review to the substance and content of the adopted comprehensive regional
plan and shall not consider the merits or deficiencies of a project in a manner
other than is necessary to enable it to make that determination.
2. If the commission fails to make any
finding regarding a project of regional significance within 60 days after the
project is submitted to it, it shall be deemed that the commission has made a
finding that the project conforms with the regional plan.
3. If the commission determines that the
project is not in conformance with the regional plan, the determination may be
appealed to the governing board within 45 days after the determination is made.
The governing board shall consider the appeal and may reverse the determination
of the commission or recommend that the county or city take actions to make the
proposal consistent with the comprehensive regional plan. The county or city
shall, within 45 days after receipt, consider any such recommendations and direct
such changes in the project as are necessary to assure the consistency of the
proposal with the adopted regional plan.
4. The limits on time imposed in
subsection 2 of NRS 278.315, subsection 5 of NRS 278.330 and subsection 2 of NRS
278.349 are extended by 60 days or such period as may be necessary to
complete the review and any appeal provided for in this section.
(Added to NRS by 1989, 764; A 1991, 1735)
NRS 278.02784 Joint planning area: Designation in regional plan; master plan
required for area.
1. The regional planning commission may
designate one or more joint planning areas in the comprehensive regional plan.
2. If an area is designated a joint planning
area, the county and the affected cities shall jointly adopt a master plan for
the area.
3. The master plan for a joint planning
area must:
(a) Be consistent with the comprehensive regional
plan;
(b) Designate the portion of the area, if any,
that is included within the sphere of influence of a city;
(c) Designate the portion of the area, if any,
that is subject to the jurisdiction of the county for planning and zoning and
development decisions; and
(d) Be submitted to the regional planning commission
for review pursuant to NRS 278.028.
(Added to NRS by 1991, 1731)
NRS 278.02786 Joint planning area: Procedure for recommendation and adoption
of master plan.
1. Before recommending the master plan for
a joint planning area, each affected local planning commission shall jointly
hold at least one public hearing thereon. Notice of the time and place of the
hearing must be given by at least one publication in a newspaper of general
circulation in the county at least 10 days before the day of the hearing.
2. The recommendation of the master plan
for a joint planning area must be by resolution of each affected local planning
commission in the joint planning area carried by the affirmative votes of not
less than two-thirds of the total membership of each commission. The resolution
must refer expressly to the maps, descriptive matter and other matter intended
by the county planning commission and the planning commission of each city in
the joint planning area to constitute the recommended master plan for the joint
planning area.
3. The master plan for the joint planning
area that is recommended by the affected local planning commissions must be
considered for adoption by each affected local governing body.
4. The affected local governing bodies may
adopt such parts thereof as may practicably be applied to the development of
the joint planning area. The master plan for the joint planning area becomes
effective upon the approval by a majority of the membership of each affected
local governing body.
5. Before adopting the master plan for the
joint planning area, or part thereof, the affected local governing bodies shall
jointly hold at least one public hearing thereon. Notice of the time and place
of the hearing must be published at least once in a newspaper of general
circulation in the county at least 10 days before the day of the public
hearing.
(Added to NRS by 1991, 1732)
NRS 278.02788 Adoption of master plan for sphere of influence; appeal of
decision concerning use of land within sphere of influence.
1. If a city has a sphere of influence
that is designated in the comprehensive regional plan, the city shall adopt a
master plan concerning the territory within the sphere of influence. The master
plan and any ordinance required by the master plan must be consistent with the
comprehensive regional plan. After adoption and certification of a master plan
concerning the territory within the sphere of influence and after adopting the
ordinances required by the master plan, if any, the city may exercise any power
conferred pursuant to NRS 278.010 to 278.630, inclusive, within its sphere of influence.
2. If the comprehensive regional plan
designates that all or part of the sphere of influence of a city is a joint
planning area, the master plan and any ordinance adopted by the city pursuant
to subsection 1 must be consistent with the master plan that is adopted for the
joint planning area.
3. Before certification of the master plan
for the sphere of influence pursuant to NRS 278.028,
any action taken by the county pursuant to NRS 278.010
to 278.630, inclusive, within the sphere of
influence of a city must be consistent with the comprehensive regional plan.
4. A person, county or city that is
represented on the governing board and is aggrieved by a final determination of
the county or, after the certification of the master plan for a sphere of
influence, is aggrieved by a final determination of the city, concerning
zoning, a subdivision map, a parcel map or the use of land within the sphere of
influence may appeal the decision to the regional planning commission within 30
days after the determination. A person, county or city that is aggrieved by the
determination of the regional planning commission may appeal the decision to
the governing board within 30 days after the determination. A person, county or
city that is aggrieved by the determination of the governing board may seek
judicial review of the decision within 25 days after the determination.
(Added to NRS by 1991, 1731; A 2013, 3218)
NRS 278.028 Review and amendment of existing master plan, facilities plan or
other similar plan; objection filed with regional planning commission; appeal
of final determination to board.
1. Following the initial adoption of the
comprehensive regional plan or any portion of it, each local planning
commission, and any other affected entity shall review its respective master
plan, facilities plan and other similar plans, amend them to conform with the
provisions of the comprehensive regional plan, and submit them, within 60 days
after the adoption of the comprehensive plan, to the regional planning
commission. The regional planning commission shall review the plans at one or
more public hearings held within 180 days after their submission and determine
whether they conform with the comprehensive regional plan. The regional
planning commission shall specify which parts of the plan, if any, are not in
conformance and why they fail to conform.
2. If the regional planning commission
fails to make a determination within 180 days after the submission of a plan
pursuant to this section, the plan shall be deemed to be in conformance with
the comprehensive regional plan.
3. An affected entity or local governing
body that has submitted a plan and disagrees with the reasons given by the
regional planning commission for making a determination of nonconformance
pursuant to this section may file an objection with the regional planning
commission within 45 days after the issuance of that determination. The
affected entity or local governing body shall attach its reasons why the plan
is in conformance with the comprehensive regional plan. The regional planning
commission shall consider the objection and issue its final determination of
conformance or nonconformance within 45 days after the objection is filed. The
determination may be appealed to the governing board not later than 30 days
after its issuance.
4. Within 45 days after its receipt of an
appeal, the governing board shall consider the appeal and issue its decision.
If the board affirms the determination of the commission, the affected entity
or local governing body shall, within 60 days after the issuance of the
decision, propose revisions to the plan and resubmit the plan together with the
proposed revisions to the commission for review in accordance with this
section.
(Added to NRS by 1989, 765)
NRS 278.0282 Review of proposed adoption or amendment of master plan,
facilities plan or other similar plan; objection filed with regional planning
commission; appeal of final determination to board.
1. Before the adoption or amendment of any
master plan, facilities plan or other similar plan, each governing body and any
other affected entity shall submit the proposed plan or amendment to the
regional planning commission, which shall review the plan or amendment at one
or more public hearings held within 60 days after its receipt of that plan or
amendment and determine whether the proposed plan or amendment conforms with
the comprehensive regional plan. The commission shall specify those parts of
the plan or amendment, if any, that are not in conformance and why they fail to
conform.
2. Before the adoption or amendment of any
master plan, facilities plan or other similar plan by a state agency or a
public utility whose plan must be approved by the Public Utilities Commission
of Nevada, the agency or utility shall submit the proposed plan or amendment to
the regional planning commission, which shall, within 60 days after its
receipt, review the plan or amendment and offer suggestions to the agency or
utility regarding the conformance of the plan with the comprehensive regional
plan.
3. Except as otherwise provided in NRS 278.028, a local governing body or any other
affected entity shall not adopt a master plan, facilities plan or other similar
plan, or any amendment to any of those plans, unless the regional planning
commission has determined that the plan or amendment is in conformance with the
comprehensive regional plan. A proposed plan is in conformance with the
comprehensive regional plan if it is not in conflict with the comprehensive
regional plan and it promotes the goals and policies of the comprehensive
regional plan.
4. If the regional planning commission
fails to make a determination within 60 days after its receipt from an affected
entity or local governing body of a proposed plan or amendment pursuant to this
section, the plan or amendment shall be deemed to be in conformance with the
comprehensive regional plan.
5. An affected entity or a local governing
body which has submitted a proposed plan and which disagrees with the reasons
given by the regional planning commission for making a determination of
nonconformance pursuant to this section, may file an objection with the
regional planning commission within 45 days after the issuance of that
determination. The affected entity or local governing body shall attach its
reasons why the plan is in conformance with the comprehensive regional plan.
The regional planning commission shall consider the objection and issue its
final determination of conformance or nonconformance within 45 days after the
objection is filed. The determination may be appealed to the governing board
not later than 30 days after its issuance.
6. Within 45 days after its receipt of an
appeal, the governing board shall consider the appeal and issue its decision,
which must be made by the affirmative votes of a simple majority of its total
membership. If the board affirms the determination of the commission, the
affected entity or local governing body shall, within 60 days after the
issuance of the decision, propose revisions to the plan and resubmit the plan
together with those proposed revisions to the commission for review in
accordance with the provisions of this section.
7. Any determination of conformance made
by the commission pursuant to this section must be made by the affirmative
votes of not less than two-thirds of its total membership.
(Added to NRS by 1989, 764; A 1997, 1983)
NRS 278.0284 Conformity of local ordinances and regulations to master plan. Any action of a local government relating to
development, zoning, the subdivision of land or capital improvements must
conform to the master plan of the local government. In adopting any ordinance
or regulation relating to development, zoning, the subdivision of land or
capital improvements, the local government shall make a specific finding that
the ordinance conforms to the master plan. Within 1 year after its adoption of
any portion of a master plan, the local government shall review and, if
necessary, amend its existing ordinances to ensure their conformity with the
provisions of the master plan. If any provision of the master plan is
inconsistent with any regulation relating to land development, the provision of
the master plan governs any action taken in regard to an application for
development.
(Added to NRS by 1989, 766)
NRS 278.0286 Annual report by local planning commission; local government to
file information relating to proposed actions concerning regional plan.
1. Each local planning commission
responsible for the preparation of a city or county master plan and each affected
entity shall prepare and submit to the regional planning commission and the
governing board a complete report by April 1 of each year indicating any action
taken within the previous calendar year which furthers or assists in carrying
out the policies or programs contained in the comprehensive regional plan, and
any work relating to the comprehensive regional plan that is proposed for the
next fiscal year.
2. Before submitting a recommendation for
proposed legislation or beginning any program or project relating to the
mandatory provisions of the comprehensive regional plan, a unit of local
government or an affected entity shall file all relevant information relating
to that request, program or project with the governing board.
(Added to NRS by 1989, 766)
NRS 278.0288 Exempted region. The
region defined in NRS 278.790 is exempt from the
provisions of NRS 278.026 to 278.029,
inclusive, and 278.145.
(Added to NRS by 1989, 766; A 1991, 954)
NRS 278.029 Facilities plan not required. Nothing
contained in the provisions of NRS 278.026 to 278.029, inclusive, requires any entity that has not
already adopted a facilities plan to do so.
(Added to NRS by 1989, 766)
PLANNING COMMISSIONS
NRS 278.030 Creation by cities and counties; number of members.
1. The governing body of each city whose
population is 25,000 or more and of each county whose population is 45,000 or
more shall create by ordinance a planning commission to consist of seven members.
2. Cities whose population is less than
25,000 and counties whose population is less than 45,000 may create by
ordinance a planning commission to consist of seven members. If the governing
body of any city whose population is less than 25,000 or of any county whose
population is less than 45,000 deems the creation of a planning commission
unnecessary or inadvisable, the governing body may, in lieu of creating a
planning commission as provided in this subsection, perform all the functions
and have all of the powers which would otherwise be granted to and be performed
by the planning commission.
[Part 3:110:1941; A 1947, 834; 1943 NCL §
5063.02]—(NRS A 1973, 914; 1989, 1917; 2001, 1967; 2011, 1181)
NRS 278.040 Members: Appointment; qualifications; compensation and expenses;
terms; removal; vacancies.
1. The members of the planning commission
are appointed by the chief executive officer of the city, or in the case of a
county by the chair of the board of county commissioners, with the approval of
the governing body. The members must not be members of the governing body of
the city or county. The majority of the members of the county planning
commission in any county whose population is 700,000 or more must reside within
the unincorporated area of the county.
2. In Carson City, the members of the
planning commission established as provided in NRS
278.030 are appointed by the Mayor from the city at large, with the
approval of the Board of Supervisors.
3. The governing body may provide for
compensation to its planning commission in an amount of not more than $80 per
meeting of the commission, with a total of not more than $400 per month, and
may provide travel expenses and subsistence allowances for the members in the
same amounts as are allowed for other officers and employees of the county or
city.
4. Except as otherwise provided in this
subsection, the term of each member is 4 years, or until his or her successor
takes office. If applicable, the term of each member of a county or city
planning commission in any county whose population is 700,000 or more is
coterminous with the term of the member of the governing body who recommended
the appointment to the appointing authority. If the recommending member resigns
his or her office before the expiration of his or her term, the corresponding
member of the planning commission may continue to serve until the office is
next filled by election. If the office of the recommending member becomes
vacant before the expiration of the term for any other reason, the
corresponding member of the planning commission may continue to serve for the
duration of the original term.
5. Except as otherwise provided in this
subsection, members of a county or city planning commission may be removed,
after public hearing, by a majority vote of the governing body for just cause.
In a county whose population is 700,000 or more, members of a county or city
planning commission serve at the pleasure of their appointing authority.
6. Vacancies occurring otherwise than
through the expiration of term must be filled for the unexpired term.
[Part 3:110:1941; A 1947, 834; 1943 NCL §
5063.02]—(NRS A 1959, 13; 1969, 328; 1971, 1115; 1973, 914; 1979, 529, 1385, 1386; 1983, 1246; 1985, 22; 1989, 1917; 1991, 248; 1995, 198; 2001, 2804; 2003, 1733; 2011, 1181)
NRS 278.050 Meetings; rules; records; continuances.
1. The commission shall hold at least one
regular meeting in each month.
2. The commission shall adopt rules for
transaction of business and shall keep a record of its resolutions,
transactions, findings and determinations, which record is a public record.
3. Except as otherwise provided in
subsection 4, in a county whose population is 700,000 or more, the commission
shall not grant to an applicant or authorized representative thereof more than
two continuances requested by the applicant or authorized representative on the
same matter, unless the commission determines, upon good cause shown, that the
granting of additional continuances is warranted. If the commission grants a continuance
pursuant to this subsection for good cause shown, the person on whose behalf
the continuance was granted must make a good faith effort to resolve the issues
concerning which the continuance was requested.
4. An applicant or authorized
representative thereof may request a continuance on a matter on behalf of an
officer or employee of a city or county, a member of the commission or any
owner of property that may be directly affected by the matter. If the commission
grants the continuance, the continuance must not be counted toward the
limitation on the granting of continuances set forth in subsection 3 relating
to that matter.
5. As used in this section:
(a) “Applicant” means the person who owns the
property to which the application pending before the commission pertains.
(b) “Good cause” includes, without limitation:
(1) The desire by the applicant or
authorized representative thereof to:
(I) Revise plans, drawings or other
documents relating to the matter;
(II) Engage in negotiations
concerning the matter with any person or governmental entity; or
(III) Retain counsel to represent
him or her in the matter.
(2) Circumstances relating to the matter
that are beyond the control of the applicant or authorized representative
thereof.
[Part 6:110:1941; 1931 NCL § 5063.05]—(NRS A 2003, 1734; 2005, 529; 2011, 1182)
NRS 278.060 Chair: Election; term. The
commission shall elect its chair from among the appointed members. The term of
chair shall be 1 year, with eligibility for reelection.
[Part 6:110:1941; 1931 NCL § 5063.05]
NRS 278.070 Additional officers; employees; consultants.
1. In addition to electing its chair, the
commission shall create and fill such other of its offices as it may determine.
2. The commission may appoint such
employees as it may deem necessary for its work, whose appointment, promotion,
demotion and removal shall be subject to the same provisions of law as govern
other corresponding civil employees of the municipality.
3. The commission may also contract with
city planners, engineers, architects and other consultants for such services as
it may require.
[Part 6:110:1941; 1931 NCL § 5063.05] + [Part
7:110:1941; 1931 NCL § 5063.06]
NRS 278.080 Expenditures; operational needs. The
expenditures of the commission, exclusive of gifts, shall be within the amounts
appropriated for the purpose by the governing body, which shall provide the
funds, equipment and accommodations necessary for the commission’s work.
[Part 7:110:1941; 1931 NCL § 5063.06]
NRS 278.090 Regional planning commission: Creation; selection of
representatives.
1. Except in a county in which a regional
planning commission is created pursuant to the provisions of NRS 278.026 to 278.029,
inclusive, the board of county commissioners of any county alone or in
collaboration with the governing body of the incorporated cities in the county
or any of them or in collaboration with the board or boards of county
commissioners of any adjacent county or counties, or the governing bodies of
adjacent cities may establish a regional planning commission to consist of
representatives of the county or counties or cities or region within the county
or counties where the local government bodies participate in the formation of
the regional planning commission.
2. The commission may also contain
representatives of the municipalities to be selected in a manner to be
determined by ordinance adopted by the governing bodies of the municipalities,
or municipalities and the county or counties concerned.
[Part 4:110:1941; A 1947, 834; 1943 NCL §
5063.03]—(NRS A 1989,
767)
NRS 278.100 Regional planning commission: Members; terms; membership on city
or county planning commission not public office; compensation; removal;
vacancies.
1. The ordinance must specify the
membership of the commission, which must consist of not less than six members
or more than 12 members.
2. The ordinance must provide that the
term of each member is 4 years, or until his or her successor takes office,
except that the terms of two of the members first appointed are 3 years, and
the respective terms of two members first appointed are 1 and 2 years. No more
than one-third of the members may hold any other public office. For the
purposes of this subsection, membership on the planning commission of a county
or city must not be considered holding a public office.
3. The governing body creating the
commission shall, by resolution, provide what compensation, if any, each of the
members shall receive for his or her services as a member, not to exceed $40
per meeting or a total of $200 per month.
4. Members may be removed, after public
hearing, by a majority vote of the governing body, for inefficiency, neglect of
duty or malfeasance of office.
5. All appointments to fill vacancies must
be for the unexpired term.
[Part 4:110:1941; A 1947, 834; 1943 NCL § 5063.03]—(NRS
A 1959, 14; 1979,
1386; 1987,
987)
NRS 278.110 Regional planning commission: Chair; employees.
1. Annually, each county or regional
planning commission shall elect a chair from its own members.
2. It shall have power to employ experts,
clerks and a secretary, and to pay for their services and such other expenses
as may be necessary and proper, not exceeding, in all, the annual appropriation
that may be made by the county or counties or municipalities for the
commission, together with such other funds as may be made available through
grant, gift or other means.
[Part 4:110:1941; A 1947, 834; 1943 NCL §
5063.03]—(NRS A 1959, 84)
NRS 278.120 Regional planning commission: Appropriation of money for
expenses.
1. The governing body of each municipality
and of each county included within a regional planning district is authorized
independently or in collaboration with other governing bodies, in their
discretion, to appropriate from the funds received by the county or
municipality from general taxation or other source money for the expenses of
the regional or county planning commission.
2. The county or counties or municipal
corporations shall not be chargeable with any expense incurred by the planning
commission except pursuant to such an appropriation.
[Part 4:110:1941; A 1947, 834; 1943 NCL § 5063.03]
NRS 278.130 Regional planning commission: Performance of duties and
functions of city or county planning commission; regional or intergovernmental
decisions.
1. If the governing body of a city or
county collaborates in the creation of a regional planning commission and does
not create a separate city or county planning commission, the regional planning
commission shall perform for the city or county all the duties and functions
delegated to a city or county planning commission by the terms of NRS 278.010 to 278.630,
inclusive.
2. If a regional planning commission has
duties and functions pursuant to NRS 278.010 to 278.630, inclusive, which parallel the duties and
functions of a city or county planning commission, the city or county planning
commission has the responsibility for making decisions pertaining to planning
which have a local effect, and the regional planning commission has the
responsibility for making decisions pertaining to planning which have a
regional or intergovernmental effect.
[Part 5:110:1941; A 1947, 834; 1943 NCL §
5063.04]—(NRS A 1987,
988; 2013,
3218)
NRS 278.140 Regional planning districts: Formation and functions.
1. The formation of regional planning
districts is authorized and a regional planning commission may be created, in
accordance with the provisions of NRS 278.010 to 278.630, inclusive, in lieu of separate city or county
planning commissions as may be required or authorized by NRS
278.010 to 278.630, inclusive.
2. Regional planning districts shall
consist of a portion of a political subdivision, two or more contiguous
political subdivisions or contiguous portions of two or more political
subdivisions.
3. All territory embraced within a
regional planning district shall be contiguous, except where the regional
district is composed of two or more municipalities such territories need not be
contiguous.
4. In a regional planning district, a
regional planning commission shall function in all respects in accordance with
the provisions of NRS 278.010 to 278.630, inclusive, except that the plans of the
regional planning commission shall coordinate the plans of any city or county
planning commission within the region.
5. Reports required by NRS 278.010 to 278.630,
inclusive, to be made to a governing body of a city or a county shall be made to
the governing body of each city or county within the region, and the procedure
set forth in NRS 278.010 to 278.630,
inclusive, for action with respect to maps or subdivisions shall not be
followed by the regional planning commission for subdivisions which lie within
any territory in which there exists a functioning county or city planning
commission.
[Part 5:110:1941; A 1947, 834; 1943 NCL §
5063.04]—(NRS A 2013, 3219)
NRS 278.145 Report of location of utility project.
1. Each public utility which owns an
interest in or is engaged in the construction or operation of a utility
project, or on whose behalf the utility project is constructed, which is
located in a region or county whose population is 100,000 or more shall, within
60 days after the utility project has been approved for construction, report
the location of the utility project to the planning commission of each city,
county or region in which it is located.
2. The planning commission of each city,
county or region shall maintain a record of each report it receives from a
public utility pursuant to subsection 1.
(Added to NRS by 1991, 952)
NRS 278.147 Facilities for use, manufacture, processing, transfer or storage
of explosives or certain other substances: Conditional use permit required;
application for and issuance of conditional use permit.
1. No person may commence operation in
this State of a facility where an explosive, a highly hazardous substance
designated pursuant to NRS 459.3816 if
present in a quantity equal to or greater than the amount designated pursuant
to NRS 459.3816, or a hazardous
substance listed in the regulations adopted pursuant to NRS 459.3833 will be used, manufactured,
processed, transferred or stored without first obtaining a conditional use
permit therefor from the governing body of the city or county in which the
facility is to be located. Each governing body shall establish by local
ordinance, in accordance with the provisions of this section, the procedures
for obtaining such a permit.
2. An application for a conditional use
permit must be filed with the planning commission of the city, county or region
in which the facility is to be located. The planning commission shall, within
90 days after the filing of an application, hold a public hearing to consider
the application. The planning commission shall, at least 30 days before the
date of the hearing, cause notice of the time, date, place and purpose of the
hearing to be:
(a) Sent by mail or, if requested by a party to
whom notice must be provided pursuant to this paragraph, by electronic means if
receipt of such an electronic notice can be verified, to:
(1) The applicant;
(2) Each owner or tenant of real property
located within 1,000 feet of the property in question;
(3) The owner, as listed on the county
assessor’s records, of each of the 30 separately owned parcels nearest the
property in question, to the extent this notice does not duplicate the notice
given pursuant to subparagraph (2);
(4) If a mobile home park or multiple-unit
residence is located within 1,000 feet of the property in question, each tenant
of that mobile home park or multiple-unit residence;
(5) If a military installation is located
within 3,000 feet of the property in question, the commander of that military
installation;
(6) Any advisory board that has been
established for the affected area by the governing body;
(7) The Administrator of the Division of
Environmental Protection of the State Department of Conservation and Natural
Resources;
(8) The State Fire Marshal; and
(9) The Administrator of the Division of
Industrial Relations of the Department of Business and Industry; and
(b) Published in a newspaper of general
circulation within the city or county in which the property in question is
located.
3. The notice required by subsection 2
must:
(a) Be written in language that is easy to
understand; and
(b) Include a physical description or map of the
property in question and a description of all explosives, and all substances
described in subsection 1, that will be located at the facility.
4. In considering the application, the
planning commission shall:
(a) Consult with:
(1) Local emergency planning committees;
(2) The Administrator of the Division of
Environmental Protection of the State Department of Conservation and Natural
Resources;
(3) The State Fire Marshal;
(4) The Administrator of the Division of
Industrial Relations of the Department of Business and Industry;
(5) The commander of any other military
installation that may be affected by the operation of the facility; and
(6) The governing body of any other city
or county that may be affected by the operation of the facility; and
(b) Consider fully the effect the facility will
have on:
(1) The health and safety of the residents
of the city, county or region.
(2) The safety and security of any
military installation in the city, county or region.
5. The planning commission shall, within a
reasonable time after the public hearing, submit to the governing body its
recommendations for any actions to be taken on the application. If the planning
commission recommends that a conditional use permit be granted to the
applicant, the planning commission shall include in its recommendations such
terms and conditions for the operation of the facility as it deems necessary
for the protection of:
(a) The health and safety of the residents of the
city, county or region.
(b) The safety and security of any military
installation in the city, county or region.
6. The governing body shall, within 30
days after the receipt of the recommendations of the planning commission, hold
a public hearing to consider the application. The governing body shall:
(a) Cause notice of the hearing to be given in
the manner prescribed by subsection 2; and
(b) Grant or deny the conditional use permit
within 30 days after the public hearing.
7. Notwithstanding any provision of this
section to the contrary, the provisions of this section do not apply to the
mining industry.
8. As used in this section, “explosive”
means a material subject to regulation as an explosive pursuant to NRS 459.3816.
(Added to NRS by 1999, 1135; A 2001, 1444; 2003, 1611; 2007, 342)
NRS 278.150 Master plan: Preparation and adoption by planning commission;
adoption by governing body of city or county.
1. The planning commission shall prepare
and adopt a comprehensive, long-term general plan for the physical development
of the city, county or region which in the commission’s judgment bears relation
to the planning thereof.
2. The plan must be known as the master
plan, and must be so prepared that all or portions thereof, except as otherwise
provided in subsections 3, 4 and 5, may be adopted by the governing body, as
provided in NRS 278.010 to 278.630,
inclusive, as a basis for the development of the city, county or region for
such reasonable period of time next ensuing after the adoption thereof as may
practically be covered thereby.
3. In counties whose population is less
than 100,000, if the governing body of the city or county adopts only a portion
of the master plan, it shall include in that portion an aboveground utility
plan of the public facilities and services element, as described in
subparagraph (3) of paragraph (e) of subsection 1 of NRS
278.160.
4. In counties whose population is 100,000
or more but less than 700,000, if the governing body of the city or county
adopts only a portion of the master plan, it shall include in that portion:
(a) A conservation plan of the conservation
element, as described in subparagraph (1) of paragraph (a) of subsection 1 of NRS 278.160;
(b) The housing element, as described in
paragraph (c) of subsection 1 of NRS 278.160;
(c) A population plan of the public facilities
and services element, as described in subparagraph (2) of paragraph (e) of
subsection 1 of NRS 278.160; and
(d) An aboveground utility plan of the public
facilities and services element, as described in subparagraph (3) of paragraph
(e) of subsection 1 of NRS 278.160.
5. In counties whose population is 700,000
or more, the governing body of the city or county shall adopt a master plan for
all of the city or county that must address each of the elements set forth in NRS 278.160.
[Part 8:110:1941; A 1947, 834; 1943 NCL §
5063.07]—(NRS A 1973, 1241; 1979, 530; 1995, 2225; 2001, 1679; 2011, 1183;
2013, 1499,
3219)
NRS 278.160 Elements of master plan.
1. Except as otherwise provided in this
section and NRS 278.150 and 278.170,
the master plan, with the accompanying charts, drawings, diagrams, schedules
and reports, may include such of the following elements or portions thereof as
are appropriate to the city, county or region, and as may be made the basis for
the physical development thereof:
(a) A conservation element, which must include:
(1) A conservation plan for the
conservation, development and utilization of natural resources, including,
without limitation, water and its hydraulic force, underground water, water
supply, solar or wind energy, forests, soils, rivers and other waters, harbors,
fisheries, wildlife, minerals and other natural resources. The conservation
plan must also cover the reclamation of land and waters, flood control,
prevention and control of the pollution of streams and other waters, regulation
of the use of land in stream channels and other areas required for the
accomplishment of the conservation plan, prevention, control and correction of
the erosion of soils through proper clearing, grading and landscaping, beaches
and shores, and protection of watersheds. The conservation plan must also
indicate the maximum tolerable level of air pollution.
(2) A solid waste disposal plan showing
general plans for the disposal of solid waste.
(b) A historic preservation element, which must
include:
(1) A historic neighborhood preservation
plan which:
(I) Must include, without
limitation, a plan to inventory historic neighborhoods and a statement of goals
and methods to encourage the preservation of historic neighborhoods.
(II) May include, without
limitation, the creation of a commission to monitor and promote the
preservation of historic neighborhoods.
(2) A historical properties preservation
plan setting forth an inventory of significant historical, archaeological,
paleontological and architectural properties as defined by a city, county or
region, and a statement of methods to encourage the preservation of those
properties.
(c) A housing element, which must include,
without limitation:
(1) An inventory of housing conditions and
needs, and plans and procedures for improving housing standards and providing
adequate housing to individuals and families in the community, regardless of
income level.
(2) An inventory of existing affordable
housing in the community, including, without limitation, housing that is
available to rent or own, housing that is subsidized either directly or
indirectly by this State, an agency or political subdivision of this State, or
the Federal Government or an agency of the Federal Government, and housing that
is accessible to persons with disabilities.
(3) An analysis of projected growth and
the demographic characteristics of the community.
(4) A determination of the present and
prospective need for affordable housing in the community.
(5) An analysis of any impediments to the
development of affordable housing and the development of policies to mitigate
those impediments.
(6) An analysis of the characteristics of
the land that is suitable for residential development. The analysis must
include, without limitation:
(I) A determination of whether the existing
infrastructure is sufficient to sustain the current needs and projected growth
of the community; and
(II) An inventory of available
parcels that are suitable for residential development and any zoning,
environmental and other land-use planning restrictions that affect such
parcels.
(7) An analysis of the needs and
appropriate methods for the construction of affordable housing or the
conversion or rehabilitation of existing housing to affordable housing.
(8) A plan for maintaining and developing
affordable housing to meet the housing needs of the community for a period of
at least 5 years.
(d) A land use element, which must include:
(1) Provisions concerning community
design, including standards and principles governing the subdivision of land
and suggestive patterns for community design and development.
(2) A land use plan, including an
inventory and classification of types of natural land and of existing land
cover and uses, and comprehensive plans for the most desirable utilization of
land. The land use plan:
(I) Must, if applicable, address
mixed-use development, transit-oriented development, master-planned communities
and gaming enterprise districts. The land use plan must also, if applicable,
address the coordination and compatibility of land uses with any military
installation in the city, county or region, taking into account the location,
purpose and stated mission of the military installation.
(II) May include a provision
concerning the acquisition and use of land that is under federal management
within the city, county or region, including, without limitation, a plan or
statement of policy prepared pursuant to NRS
321.7355.
(3) In any county whose population is
700,000 or more, a rural neighborhoods preservation plan showing general plans
to preserve the character and density of rural neighborhoods.
(e) A public facilities and services element,
which must include:
(1) An economic plan showing recommended
schedules for the allocation and expenditure of public money to provide for the
economical and timely execution of the various components of the plan.
(2) A population plan setting forth an
estimate of the total population which the natural resources of the city,
county or region will support on a continuing basis without unreasonable
impairment.
(3) An aboveground utility plan that shows
corridors designated for the construction of aboveground utilities and complies
with the provisions of NRS 278.165.
(4) Provisions concerning public buildings
showing the locations and arrangement of civic centers and all other public
buildings, including the architecture thereof and the landscape treatment of
the grounds thereof.
(5) Provisions concerning public services
and facilities showing general plans for sewage, drainage and utilities, and
rights-of-way, easements and facilities therefor, including, without
limitation, any utility projects required to be reported pursuant to NRS 278.145. If a public utility which provides
electric service notifies the planning commission that a new transmission line
or substation will be required to support the master plan, those facilities
must be included in the master plan. The utility is not required to obtain an
easement for any such transmission line as a prerequisite to the inclusion of
the transmission line in the master plan.
(6) A school facilities plan showing the
general locations of current and future school facilities based upon
information furnished by the appropriate county school district.
(f) A recreation and open space element, which
must include a recreation plan showing a comprehensive system of recreation
areas, including, without limitation, natural reservations, parks, parkways,
trails, reserved riverbank strips, beaches, playgrounds and other recreation
areas, including, when practicable, the locations and proposed development
thereof.
(g) A safety element, which must include:
(1) In any county whose population is
700,000 or more, a safety plan identifying potential types of natural and
man-made hazards, including, without limitation, hazards from floods,
landslides or fires, or resulting from the manufacture, storage, transfer or
use of bulk quantities of hazardous materials. The safety plan may set forth
policies for avoiding or minimizing the risks from those hazards.
(2) A seismic safety plan consisting of an
identification and appraisal of seismic hazards such as susceptibility to
surface ruptures from faulting, to ground shaking or to ground failures.
(h) A transportation element, which must include:
(1) A streets and highways plan showing
the general locations and widths of a comprehensive system of major traffic
thoroughfares and other traffic ways and of streets and the recommended
treatment thereof, building line setbacks, and a system of naming or numbering
streets and numbering houses, with recommendations concerning proposed changes.
(2) A transit plan showing a proposed
multimodal system of transit lines, including mass transit, streetcar,
motorcoach and trolley coach lines, paths for bicycles and pedestrians,
satellite parking and related facilities.
(3) A transportation plan showing a
comprehensive transportation system, including, without limitation, locations
of rights-of-way, terminals, viaducts and grade separations. The transportation
plan may also include port, harbor, aviation and related facilities.
2. The commission may prepare and adopt,
as part of the master plan, other and additional plans and reports dealing with
such other elements as may in its judgment relate to the physical development
of the city, county or region, and nothing contained in NRS
278.010 to 278.630, inclusive, prohibits the
preparation and adoption of any such element as a part of the master plan.
[Part 8:110:1941; A 1947, 834; 1943 NCL §
5063.07]—(NRS A 1973, 141, 1242, 1825; 1989, 149; 1991, 954, 1402; 1995, 2226; 1997, 3249; 1999, 2471, 3367; 2001, 742, 1680; 2005, 1589, 1820; 2007, 343, 1518; 2009, 379, 2761; 2011, 1183;
2013, 1499,
3220)
NRS 278.165 Development and adoption of aboveground utility plan.
1. A planning commission or governing body
that is required to prepare and adopt a master plan pursuant to the provisions
of this chapter shall develop and include in that plan an aboveground utility
plan as described in subsection 2. The aboveground utility plan must:
(a) In a county whose population is 700,000 or
more, conform with the comprehensive regional policy plan developed pursuant to
NRS 278.02528; and
(b) In a county whose population is 100,000 or
more but less than 700,000, conform with the comprehensive regional plan
developed pursuant to NRS 278.0272.
2. An aboveground utility plan developed
by a planning commission or governing body pursuant to this section must:
(a) Provide a process for the designation of
corridors for the construction of aboveground utility projects;
(b) Be consistent with any transmission plan
prepared by the Office of Energy;
(c) To ensure the continuity of transmission
corridors, be consistent with the aboveground utility plan of each adjacent
jurisdiction; and
(d) Be consistent with any resource management
plan prepared by the Bureau of Land Management applicable to the jurisdiction
of the planning commission or governing body, including, without limitation, by
ensuring that the aboveground utility plan developed by the planning commission
or governing body provides for connectivity between any noncontiguous
transmission corridors identified in the plan prepared by the Bureau of Land
Management.
3. In developing an aboveground utility
plan, a planning commission or governing body shall:
(a) Cooperate with the Bureau of Land Management,
the Office of Energy and the planning commission or governing body of each
adjacent jurisdiction to ensure that the aboveground utility plan adopted by
the planning commission or governing body is consistent with any resource
management plan prepared by the Bureau of Land Management, any transmission
plan adopted by the Office of Energy and the aboveground utility plan developed
by the planning commission or governing body of each adjacent jurisdiction; and
(b) Submit a copy of the aboveground utility
plan, including all maps and exhibits adopted as part of the plan, to the
Public Utilities Commission of Nevada and the Office of Energy.
(Added to NRS by 2013, 3213)
NRS 278.170 Coordination of master plans; adoption of all or parts.
1. Except as otherwise provided in
subsections 2, 3 and 4, the commission may prepare and adopt all or any part of
the master plan or any element thereof for all or any part of the city, county
or region. Master regional plans must be coordinated with similar plans of
adjoining regions, and master county and city plans within each region must be
coordinated so as to fit properly into the master plan for the region.
2. In counties whose population is less
than 100,000, if the commission prepares and adopts less than all elements of
the master plan, it shall include in its preparation and adoption an
aboveground utilities plan of the public facilities and services element, as
described in subparagraph (3) of paragraph (e) of subsection 1 of NRS 278.160.
3. In counties whose population is 100,000
or more but less than 700,000, if the commission prepares and adopts less than
all elements of the master plan, it shall include in its preparation and
adoption:
(a) A conservation plan of the conservation
element, as described in subparagraph (1) of paragraph (a) of subsection 1 of NRS 278.160;
(b) The housing element, as described in
paragraph (c) of subsection 1 of NRS 278.160;
(c) A population plan of the public facilities
and services element, as described in subparagraph (2) of paragraph (e) of
subsection 1 of NRS 278.160; and
(d) An aboveground utility plan of the public
facilities and services element, as described in subparagraph (3) of paragraph
(e) of subsection 1 of NRS 278.160.
4. In counties whose population is 700,000
or more, the commission shall prepare and adopt a master plan for all of the
city or county that must address each of the elements set forth in NRS 278.160.
[Part 8:110:1941; A 1947, 834; 1943 NCL §
5063.07]—(NRS A 1973, 1243; 1979, 530; 1995, 2228; 2001, 1682; 2011, 1186;
2013, 1504)
NRS 278.180 School sites: Commission to notify school boards of preparation
of plans for community and public buildings. The
county and city planning commission shall, during the formulation of plans for
community design and public buildings, notify the governing boards of school
districts having jurisdiction of the areas considered of the preparation of
such plans to the end that adequate and properly located school sites may be
provided for.
[Part 8:110:1941; A 1947, 834; 1943 NCL § 5063.07]
NRS 278.185 Notice of plan for future construction of school. When the board of trustees of a school
district develops a plan for the future construction of one or more schools, it
shall notify each city, county or regional planning commission any part of
whose territory will be served by a proposed school. The notice must include
the grades to be taught, the number of pupils to be accommodated, and the area
to be served. The board shall notify each commission of any change in or
abandonment of its plan.
(Added to NRS by 1977, 1498; A 1979, 705; 1981, 1707; 1987, 659; 1989, 499; 1993, 2564)—(Substituted
in revision for part of NRS 278.349)
NRS 278.190 Promotion of plans and regulations; consultations and advice;
entry upon land; general powers.
1. The commission shall endeavor to
promote public interest in and understanding of the master plan and of official
plans and regulations relating thereto. As a means of furthering the purpose of
a master plan, the commission shall annually make recommendations to the
governing body for the implementation of the plan.
2. It also shall consult and advise with
public officials and agencies, public utility companies, civic, educational,
professional and other organizations, and with citizens generally with relation
to the carrying out of such plans.
3. The commission, and its members,
officers and employees, in the performance of their functions, may enter upon
any land and make examinations and surveys and place and maintain necessary
monuments and marks thereon.
4. In general, the commission shall have
such power as may be necessary to enable it to fulfill its functions and carry
out the provisions of NRS 278.010 to 278.630, inclusive.
[Part 8:110:1941; A 1947, 834; 1943 NCL §
5063.07]—(NRS A 1973, 1826; 2013, 3222)
NRS 278.200 Form of master plan. The
master plan shall be a map, together with such charts, drawings, diagrams,
schedules, reports, ordinances, or other printed or published material, or any
one or a combination of any of the foregoing as may be considered essential to
the purposes of NRS 278.010 to 278.630, inclusive.
[9:110:1941; 1931 NCL § 5063.08]—(NRS A 1973, 1827; 2013, 3222)
NRS 278.210 Adoption of master plan and amendments by commission: Notice;
hearing; neighborhood meeting; resolution; frequency of certain amendments;
attested copies; certification by electronic means.
1. Before adopting the master plan or any
part of it in accordance with NRS 278.170, or any
substantial amendment thereof, the commission shall hold at least one public
hearing thereon, notice of the time and place of which must be given at least
by one publication in a newspaper of general circulation in the city or county,
or in the case of a regional planning commission, by one publication in a
newspaper in each county within the regional district, at least 10 days before
the day of the hearing.
2. Before a public hearing may be held
pursuant to subsection 1 in a county whose population is 100,000 or more on an
amendment to a master plan, including, without limitation, a gaming enterprise
district, if applicable, the person who requested the proposed amendment must
hold a neighborhood meeting to provide an explanation of the proposed
amendment. Notice of such a meeting must be given by the person requesting the
proposed amendment to:
(a) Each owner, as listed on the county
assessor’s records, of real property located within a radius of 750 feet of the
area to which the proposed amendment pertains;
(b) The owner, as listed on the county assessor’s
records, of each of the 30 separately owned parcels nearest to the area to
which the proposed amendment pertains, to the extent this notice does not
duplicate the notice given pursuant to paragraph (a);
(c) Each tenant of a mobile home park if that
park is located within a radius of 750 feet of the area to which the proposed
amendment pertains; and
(d) If a military installation is located within
3,000 feet of the area to which the proposed amendment pertains, the commander
of the military installation.
Ê The notice
must be sent by mail at least 10 days before the neighborhood meeting and
include the date, time, place and purpose of the neighborhood meeting.
3. Except as otherwise provided in NRS 278.225, the adoption of the master plan, or of
any amendment, extension or addition thereof, must be by resolution of the
commission carried by the affirmative votes of not less than two-thirds of the
total membership of the commission. The resolution must refer expressly to the
maps, descriptive matter and other matter intended by the commission to
constitute the plan or any amendment, addition or extension thereof, and the
action taken must be recorded on the map and plan and descriptive matter by the
identifying signatures of the secretary and chair of the commission.
4. Except as otherwise provided in NRS 278.225, no plan or map, hereafter, may have
indicated thereon that it is a part of the master plan until it has been
adopted as part of the master plan by the commission as herein provided for the
adoption thereof, whenever changed conditions or further studies by the
commission require such amendments, extension or addition.
5. Except as otherwise provided in this
subsection, the commission shall not amend the land use plan of the master plan
set forth in NRS 278.160, or any portion of such a
land use plan, more than four times in a calendar year. The provisions of this
subsection do not apply to:
(a) A change in the land use designated for a
particular area if the change does not affect more than 25 percent of the area;
or
(b) A minor amendment adopted pursuant to NRS 278.225.
6. An attested copy of any part,
amendment, extension of or addition to the master plan adopted by the planning
commission of any city, county or region in accordance with NRS 278.170 must be certified to the governing body of
the city, county or region. The governing body of the city, county or region
may authorize such certification by electronic means.
7. An attested copy of any part,
amendment, extension of or addition to the master plan adopted by any regional
planning commission must be certified to the county planning commission and to
the board of county commissioners of each county within the regional district.
The county planning commission and board of county commissioners may authorize
such certification by electronic means.
[10:110:1941; 1931 NCL § 5063.09]—(NRS A 2001, 1682, 2805, 2816; 2005, 185, 1591; 2007, 346; 2009, 2763;
2013, 1505)
NRS 278.220 Adoption of master plan or part thereof by governing body;
change to plan adopted by commission. Except
as otherwise provided in NRS 278.150 and 278.225:
1. Upon receipt of a certified copy of the
master plan, or of any part thereof, as adopted by the planning commission, the
governing body may adopt such parts thereof as may practicably be applied to
the development of the city, county or region for a reasonable period of time
next ensuing.
2. The parts must thereupon be endorsed
and certified as master plans thus adopted for the territory covered, and are
hereby declared to be established to conserve and promote the public health,
safety and general welfare.
3. Before adopting any plan or part
thereof, the governing body shall hold at least one public hearing thereon,
notice of the time and place of which must be published at least once in a
newspaper of general circulation in the city or counties at least 10 days
before the day of hearing.
4. No change in or addition to the master
plan or any part thereof, as adopted by the planning commission, may be made by
the governing body in adopting the same until the proposed change or addition
has been referred to the planning commission for a report thereon and an
attested copy of the report has been filed with the governing body. Failure of
the planning commission so to report within 40 days, or such longer period as
may be designated by the governing body, after such reference shall be deemed
to be approval of the proposed change or addition.
[Part 11:110:1941; A 1947, 834; 1943 NCL §
5063.10]—(NRS A 2001,
1683; 2005,
186)
NRS 278.225 Governing body may establish by ordinance procedure for adopting
minor amendments to master plan; public hearing and notice required before
adoption of ordinance.
1. A governing body may establish by
ordinance a procedure by which the governing body may adopt minor amendments to
the master plan, or any part thereof, without action by the planning
commission.
2. Before adopting an ordinance or a minor
amendment pursuant to subsection 1, the governing body shall hold a public
hearing and give notice of the hearing in the manner required by subsection 3
of NRS 278.220.
3. As used in this section, unless the
context otherwise requires, “minor amendment” means:
(a) A change in a boundary that is based on a
geographical feature, including, without limitation, topography, slopes,
hydrographic features, wetland delineation and floodplains, when evidence is
produced that the mapped location of the geographical feature is in error;
(b) A change made to reflect the alteration of
the name of a jurisdiction, agency, department or district by the governing
body, governing board or other governing authority of the jurisdiction, agency,
department or district, as applicable, or by another entity authorized by law to
make such an alteration; and
(c) An update of statistical information that is
based on a new or revised study.
(Added to NRS by 2005, 185)
NRS 278.230 Governing body to put adopted master plan into effect.
1. Except as otherwise provided in NRS 278.150, whenever the governing body of any city
or county has adopted a master plan or part thereof for the city or county, or
for any major section or district thereof, the governing body shall, upon
recommendation of the planning commission, determine upon reasonable and
practical means for putting into effect the master plan or part thereof, in
order that the same will serve as:
(a) A pattern and guide for that kind of orderly
physical growth and development of the city or county which will cause the
least amount of natural resource impairment and will conform to the adopted
population plan, where required, and ensure an adequate supply of housing,
including affordable housing; and
(b) A basis for the efficient expenditure of
funds thereof relating to the elements of the master plan.
2. The governing body may adopt and use
such procedure as may be necessary for this purpose.
[Part 11:110:1941; A 1947, 834; 1943 NCL §
5063.10]—(NRS A 1973, 1243; 1995, 2228; 2001, 1683; 2013, 1506)
NRS 278.235 Adoption of measures to maintain and develop affordable housing
to carry out housing plan required in master plan; annual reports.
1. If the governing body of a city or
county is required to include the housing element in its master plan pursuant
to NRS 278.150, the governing body, in carrying out
the plan for maintaining and developing affordable housing to meet the housing
needs of the community, which is required to be included in the housing element
pursuant to subparagraph (8) of paragraph (c) of subsection 1 of NRS 278.160, shall adopt at least six of the following
measures:
(a) At the expense of the city or county, as
applicable, subsidizing in whole or in part impact fees and fees for the
issuance of building permits collected pursuant to NRS
278.580.
(b) Selling land owned by the city or county, as
applicable, to developers exclusively for the development of affordable housing
at not more than 10 percent of the appraised value of the land, and requiring
that any such savings, subsidy or reduction in price be passed on to the
purchaser of housing in such a development. Nothing in this paragraph
authorizes a city or county to obtain land pursuant to the power of eminent
domain for the purposes set forth in this paragraph.
(c) Donating land owned by the city or county to
a nonprofit organization to be used for affordable housing.
(d) Leasing land by the city or county to be used
for affordable housing.
(e) Requesting to purchase land owned by the
Federal Government at a discounted price for the creation of affordable housing
pursuant to the provisions of section 7(b) of the Southern Nevada Public Land
Management Act of 1998, Public Law 105-263.
(f) Establishing a trust fund for affordable
housing that must be used for the acquisition, construction or rehabilitation
of affordable housing.
(g) Establishing a process that expedites the
approval of plans and specifications relating to maintaining and developing
affordable housing.
(h) Providing money, support or density bonuses
for affordable housing developments that are financed, wholly or in part, with
low-income housing tax credits, private activity bonds or money from a
governmental entity for affordable housing, including, without limitation,
money received pursuant to 12 U.S.C. § 1701q and 42 U.S.C. § 8013.
(i) Providing financial incentives or density
bonuses to promote appropriate transit-oriented housing developments that would
include an affordable housing component.
(j) Offering density bonuses or other incentives
to encourage the development of affordable housing.
(k) Providing direct financial assistance to
qualified applicants for the purchase or rental of affordable housing.
(l) Providing money for supportive services
necessary to enable persons with supportive housing needs to reside in
affordable housing in accordance with a need for supportive housing identified
in the 5-year consolidated plan adopted by the United States Department of
Housing and Urban Development for the city or county pursuant to 42 U.S.C. §
12705 and described in 24 C.F.R. Part 91.
2. On or before January 15 of each year,
the governing body shall submit to the Housing Division of the Department of
Business and Industry a report, in the form prescribed by the Division, of how
the measures adopted pursuant to subsection 1 assisted the city or county in
maintaining and developing affordable housing to meet the needs of the
community for the preceding year. The report must include an analysis of the
need for affordable housing within the city or county that exists at the end of
the reporting period.
3. On or before February 15 of each year,
the Housing Division shall compile the reports submitted pursuant to subsection
2 and transmit the compilation to the Legislature, or the Legislative
Commission if the Legislature is not in regular session.
(Added to NRS by 2007, 1517; A 2009, 2764;
2013, 1506)
NRS 278.240 Approval required for certain dedications, closures,
abandonments, construction or authorizations. Whenever
the governing body of a city, county or region has adopted a master plan, or
one or more elements thereof, for the city, county or region, or for a major
section or district thereof, no street, square, park, or other public way,
ground, or open space may be acquired by dedication or otherwise, except by
bequest, and no street or public way may be closed or abandoned, and no public
building or structure may be constructed or authorized in the area for which
the master plan or one or more elements thereof has been adopted by the
governing body unless the dedication, closure, abandonment, construction or
authorization is approved in a manner consistent with the requirements of the
governing body, board or commission having jurisdiction over such a matter.
[12:110:1941; 1931 NCL § 5063.11]—(NRS A 1997, 2419; 2013, 1508)
NRS 278.243 City or county authorized to represent own interests in certain
matters if governing body has adopted master plan. A
city or county whose governing body has adopted a master plan pursuant to NRS 278.220 may represent its own interests with
respect to land and appurtenant resources that are located within the city or
county and are affected by policies and activities involving the use of federal
land.
(Added to NRS by 1999, 1421)
NRS 278.246 City or county authorized to enter into certain actions if
governing body has adopted master plan.
1. Except as otherwise provided in
subsection 2, a city or county whose governing body has adopted a master plan
pursuant to NRS 278.220 may:
(a) On its own initiative bring and maintain an
action in its own name and on its own behalf; or
(b) Intervene on behalf of or bring and maintain
an action on the relation of, any person in any meritorious case,
Ê in any court
or before any federal agency, if an action or proposed action by a federal
agency or instrumentality with respect to the lands, appurtenant resources or
streets that are located within the city or county impairs or tends to impair
the traditional functions of the city or county or the carrying out of the
master plan.
2. A city or county may not:
(a) Bring and maintain an action pursuant to
subsection 1 that would request a court to grant relief that would violate a
state statute;
(b) Participate in any proceeding of a federal
agency pursuant to subsection 1 to request the federal agency to take any
action that would violate a state statute; or
(c) Bring or maintain an action pursuant to
subsection 1 on behalf of this State or as representative of the interests of
this State or any of its agencies.
(Added to NRS by 1999, 1421)
NRS 278.250 Zoning districts and regulations.
1. For the purposes of NRS 278.010 to 278.630,
inclusive, the governing body may divide the city, county or region into zoning
districts of such number, shape and area as are best suited to carry out the
purposes of NRS 278.010 to 278.630,
inclusive. Within the zoning district, it may regulate and restrict the
erection, construction, reconstruction, alteration, repair or use of buildings,
structures or land.
2. The zoning regulations must be adopted
in accordance with the master plan for land use and be designed:
(a) To preserve the quality of air and water
resources.
(b) To promote the conservation of open space and
the protection of other natural and scenic resources from unreasonable
impairment.
(c) To consider existing views and access to
solar resources by studying the height of new buildings which will cast shadows
on surrounding residential and commercial developments.
(d) To reduce the consumption of energy by
encouraging the use of products and materials which maximize energy efficiency
in the construction of buildings.
(e) To provide for recreational needs.
(f) To protect life and property in areas subject
to floods, landslides and other natural disasters.
(g) To conform to the adopted population plan, if
required by NRS 278.170.
(h) To develop a timely, orderly and efficient
arrangement of transportation and public facilities and services, including
public access and sidewalks for pedestrians, and facilities and services for
bicycles.
(i) To ensure that the development on land is
commensurate with the character and the physical limitations of the land.
(j) To take into account the immediate and
long-range financial impact of the application of particular land to particular
kinds of development, and the relative suitability of the land for development.
(k) To promote health and the general welfare.
(l) To ensure the development of an adequate
supply of housing for the community, including the development of affordable
housing.
(m) To ensure the protection of existing neighborhoods
and communities, including the protection of rural preservation neighborhoods
and, in counties whose population is 700,000 or more, the protection of
historic neighborhoods.
(n) To promote systems which use solar or wind
energy.
(o) To foster the coordination and compatibility
of land uses with any military installation in the city, county or region,
taking into account the location, purpose and stated mission of the military
installation.
3. The zoning regulations must be adopted
with reasonable consideration, among other things, to the character of the area
and its peculiar suitability for particular uses, and with a view to conserving
the value of buildings and encouraging the most appropriate use of land
throughout the city, county or region.
4. In exercising the powers granted in
this section, the governing body may use any controls relating to land use or
principles of zoning that the governing body determines to be appropriate,
including, without limitation, density bonuses, inclusionary zoning and minimum
density zoning.
5. As used in this section:
(a) “Density bonus” means an incentive granted by
a governing body to a developer of real property that authorizes the developer
to build at a greater density than would otherwise be allowed under the master
plan, in exchange for an agreement by the developer to perform certain
functions that the governing body determines to be socially desirable,
including, without limitation, developing an area to include a certain
proportion of affordable housing.
(b) “Inclusionary zoning” means a type of zoning
pursuant to which a governing body requires or provides incentives to a
developer who builds residential dwellings to build a certain percentage of
those dwellings as affordable housing.
(c) “Minimum density zoning” means a type of
zoning pursuant to which development must be carried out at or above a certain
density to maintain conformance with the master plan.
[13:110:1941; 1931 NCL § 5063.12]—(NRS A 1973, 1244,
1828; 1977,
1016; 1991,
2232; 1995,
2228; 1999,
2128, 3369;
2005, 1592,
1822; 2007, 347; 2009, 2766;
2011, 1186;
2013, 3223)
NRS 278.260 Determination, establishment, enforcement and amendment of
zoning regulations, restrictions and boundaries: Procedure and prerequisites;
notice and hearing; signs; additional fee for certain applications.
1. The governing body shall provide for
the manner in which zoning regulations and restrictions and the boundaries of
zoning districts are determined, established, enforced and amended.
2. A zoning regulation, restriction or
boundary, or an amendment thereto, must not become effective until after
transmittal of a copy of the relevant application to the town board, citizens’
advisory council or town advisory board pursuant to subsection 5, if
applicable, and after a public hearing at which parties in interest and other
persons have an opportunity to be heard. The governing body shall cause notice
of the time and place of the hearing to be:
(a) Published in an official newspaper, or a
newspaper of general circulation, in the city, county or region;
(b) Mailed to each tenant of a mobile home park
if that park is located within 300 feet of the property in question; and
(c) If a military installation is located within
3,000 feet of the property in question, mailed to the commander of that
military installation,
Ê at least 10
days before the hearing.
3. If a proposed amendment involves a
change in the boundary of a zoning district in a county whose population is
less than 100,000, the governing body shall, to the extent this notice does not
duplicate the notice required by subsection 2, cause a notice of the hearing to
be sent at least 10 days before the hearing to:
(a) The applicant;
(b) Each owner, as listed on the county
assessor’s records, of real property located within 300 feet of the portion of
the boundary being changed;
(c) The owner, as listed on the county assessor’s
records, of each of the 30 separately owned parcels nearest to the portion of
the boundary being changed, to the extent this notice does not duplicate the
notice given pursuant to paragraph (b); and
(d) Any advisory board which has been established
for the affected area by the governing body.
Ê The notice
must be sent by mail or, if requested by a party to whom notice must be
provided pursuant to paragraphs (a) to (d), inclusive, by electronic means if
receipt of such an electronic notice can be verified, and must be written in
language which is easy to understand. The notice must set forth the time, place
and purpose of the hearing and a physical description of or a map detailing the
proposed change, must indicate the existing zoning designation and the proposed
zoning designation of the property in question, and must contain a brief
summary of the intent of the proposed change. If the proposed amendment
involves a change in the boundary of the zoning district that would reduce the
density or intensity with which a parcel of land may be used, the notice must
include a section that an owner of property may complete and return to the
governing body to indicate his or her approval of or opposition to the proposed
amendment.
4. If a proposed amendment involves a
change in the boundary of a zoning district in a county whose population is
100,000 or more, the governing body shall, to the extent this notice does not
duplicate the notice required by subsection 2, cause a notice of the hearing to
be sent at least 10 days before the hearing to:
(a) The applicant;
(b) Each owner, as listed on the county
assessor’s records, of real property located within 750 feet of the portion of
the boundary being changed;
(c) The owner, as listed on the county assessor’s
records, of each of the 30 separately owned parcels nearest to the portion of
the boundary being changed, to the extent this notice does not duplicate the
notice given pursuant to paragraph (b);
(d) Each tenant of a mobile home park if that
park is located within 750 feet of the property in question; and
(e) Any advisory board which has been established
for the affected area by the governing body.
Ê The notice
must be sent by mail or, if requested by a party to whom notice must be
provided pursuant to paragraphs (a) to (e), inclusive, by electronic means if
receipt of such an electronic notice can be verified, and must be written in
language which is easy to understand. The notice must set forth the time, place
and purpose of the hearing and a physical description of or a map detailing the
proposed change, must indicate the existing zoning designation and the proposed
zoning designation of the property in question, and must contain a brief
summary of the intent of the proposed change. If the proposed amendment
involves a change in the boundary of the zoning district that would reduce the
density or intensity with which a parcel of land may be used, the notice must
include a section that an owner of property may complete and return to the
governing body to indicate his or her approval of or opposition to the proposed
amendment.
5. If an application is filed with the
governing body and the application involves a change in the boundary of a
zoning district within an unincorporated town that is located more than 10
miles from an incorporated city, the governing body shall, at least 10 days
before the hearing on the application is held pursuant to subsection 2,
transmit a copy of any information pertinent to the application to the town
board, citizens’ advisory council or town advisory board, whichever is
applicable, of the unincorporated town. The town board, citizens’ advisory
council or town advisory board may make recommendations regarding the
application and submit its recommendations before the hearing on the
application is held pursuant to subsection 2. The governing body or other
authorized person or entity conducting the hearing shall consider any
recommendations submitted by the town board, citizens’ advisory council or town
advisory board regarding the application and, within 10 days after making its
decision on the application, shall transmit a copy of its decision to the town
board, citizens’ advisory council or town advisory board.
6. In a county whose population is 700,000
or more, if a notice is required to be sent pursuant to subsection 4:
(a) The exterior of a notice sent by mail; or
(b) The cover sheet, heading or subject line of a
notice sent by electronic means,
Ê must bear a
statement, in at least 10-point bold type or font, in substantially the
following form:
OFFICIAL NOTICE OF
PUBLIC HEARING
7. In addition to sending the notice
required pursuant to subsection 4, in a county whose population is 700,000 or
more, the governing body shall, not later than 10 days before the hearing,
erect or cause to be erected on the property at least one sign not less than 2
feet high and 2 feet wide. The sign must be made of material reasonably
calculated to withstand the elements for 40 days. The governing body must be
consistent in its use of colors for the background and lettering of the sign.
The sign must include the following information:
(a) The existing zoning designation of the
property in question;
(b) The proposed zoning designation of the
property in question;
(c) The date, time and place of the public
hearing;
(d) A telephone number which may be used by
interested persons to obtain additional information; and
(e) A statement which indicates whether the
proposed zoning designation of the property in question complies with the
requirements of the master plan of the city or county in which the property is
located.
8. A sign required pursuant to subsection
7 is for informational purposes only and must be erected regardless of any
local ordinance regarding the size, placement or composition of signs to the
contrary.
9. A governing body may charge an
additional fee for each application to amend an existing zoning regulation,
restriction or boundary to cover the actual costs resulting from the mailed
notice required by this section and the erection of not more than one of the
signs required by subsection 7, if any. The additional fee is not subject to
the limitation imposed by NRS 354.5989.
10. The governing body shall remove or
cause to be removed any sign required by subsection 7 within 5 days after the
final hearing for the application for which the sign was erected. There must be
no additional charge to the applicant for such removal.
11. If a proposed amendment involves a
change in the boundary of a zoning district in a county whose population is
700,000 or more that would reduce the density or intensity with which a parcel
of land may be used and at least 20 percent of the property owners to whom
notices were sent pursuant to subsection 4 indicate in their responses
opposition to the proposed amendment, the governing body shall not approve the
proposed amendment unless the governing body:
(a) Considers separately the merits of each aspect
of the proposed amendment to which the owners expressed opposition; and
(b) Makes a written finding that the public
interest and necessity will be promoted by approval of the proposed amendment.
12. The governing body of a county whose
population is 700,000 or more shall not approve a zoning regulation,
restriction or boundary, or an amendment thereof, that affects any
unincorporated area of the county that is surrounded completely by the
territory of an incorporated city without sending a notice to the governing
body of the city. The governing body of the city, or its designee, must submit
any recommendations to the governing body of the county within 15 days after
receiving the notice. The governing body of the county shall consider any such
recommendations. If the governing body of the county does not accept a
recommendation, the governing body of the county, or its authorized agent,
shall specify for the record the reasons for its action.
[14:110:1941; 1931 NCL § 5063.13]—(NRS A 1973, 1828; 1977, 1017; 1989, 962; 1991, 370; 1993, 2204; 1997, 2420; 1999, 785, 911, 2078, 2080; 2001, 1446, 1683; 2003, 70, 2338; 2007, 348; 2011, 1187)
NRS 278.262 Hearing examiners: Power of governing body to appoint. The governing body of any county or city may
appoint as many full-time or part-time hearing examiners as are necessary or
appropriate to assist the planning commission and the governing body in acting
upon proposals for changes in zoning classification, zoning districts, special
use permits, variances and other matters affecting zoning.
(Added to NRS by 1973, 337; A 1977, 1017; 1979, 371)
NRS 278.263 Hearing examiners: Compensation; qualifications; removal.
1. Hearing examiners appointed under the
authority of NRS 278.262 are entitled to receive
such compensation as is considered necessary by the governing body and shall
possess qualifications similar to those of a licensed architect, attorney,
engineer or a member of the American Institute of Certified Planners.
2. Hearing examiners serve at the pleasure
of the governing body in accordance with any appropriate personnel ordinance or
regulation.
(Added to NRS by 1973, 337; A 1995, 453)
NRS 278.264 Hearing examiners: Rules of procedure. Upon
the determination of any governing body that a hearing examiner is to be
employed and before any hearings are conducted utilizing his or her services,
an ordinance shall be enacted setting forth rules of procedure for the
processing and hearing of applications which are to be considered by a hearing
examiner.
(Added to NRS by 1973, 338)
NRS 278.265 Hearing examiners: Notice and hearing; duties and powers; final
action on certain matters; appeal of final action.
1. Any ordinance enacted pursuant to the
provisions of NRS 278.264 must provide, in
substance, the same notice of hearing and conduct of hearing safeguards
required by NRS 278.315 or 278.480,
whichever is applicable.
2. The governing body shall, by ordinance,
set forth the duties and powers of the hearing examiner, including a statement
of whether the hearing examiner may take final action on any matter assigned to
the hearing examiner by the governing body.
3. Except as otherwise provided in
subsection 4, the governing body may authorize the hearing examiner to take
final action on matters relating to a variance, vacation, abandonment, special
use permit, conditional use permit and other special exception or application
specified in the ordinance.
4. The governing body shall not authorize
the hearing examiner to take final action on:
(a) Matters relating to a zoning classification,
zoning district or an amendment to a zoning boundary.
(b) An application for a conditional use permit
that is filed pursuant to NRS 278.147.
5. An applicant or protestant may appeal
any final action taken by the hearing examiner in accordance with the ordinance
adopted pursuant to NRS 278.3195.
(Added to NRS by 1973, 338; A 1995, 453; 1997, 2422; 1999, 1137; 2001, 2805)
PERMITS FOR CERTAIN UTILITY PROJECTS
NRS 278.26503 Establishment of procedures for issuance of permit or special
use permit for construction of project. Each
governing body:
1. Shall establish a process for the
issuance of a permit for the construction of an aboveground utility project
which is located in a corridor for the construction of aboveground utility
projects identified in the master plan adopted by the planning commission or
governing body.
2. Shall establish a process for the
issuance of a special use permit for the construction of an aboveground utility
project which is not located in a corridor for the construction of aboveground
utility projects identified in the master plan adopted by the planning
commission or governing body. The process adopted by the governing body must
include, without limitation, provisions:
(a) Requiring the planning commission or the
governing body to review each completed application at a public hearing;
(b) Requiring the applicant to provide proof
satisfactory to the planning commission or the governing body that the
construction of the aboveground utility project does not conflict with any
existing or planned infrastructure or other utility projects; and
(c) Authorizing the planning commission or the
governing body to issue or deny the issuance of a special use permit for the
construction of an aboveground utility project based on the proximity of the
proposed site of the aboveground utility project to any school, hospital or
urban residential area with a dwelling density greater than 2 units per gross
acre.
3. Shall establish a process for the
issuance of a special use permit for the construction of a renewable energy
generation project with a nameplate capacity of 10 megawatts or more which must
include, without limitation, provisions:
(a) Establishing the required contents of an
application;
(b) Establishing the criteria by which the
planning commission or the governing body will evaluate an application; and
(c) Requiring the planning commission or the
governing body to review each completed application at a public hearing not
later than 65 days after receiving the complete application.
4. May establish an expedited process for
the issuance of a permit or special use permit described in subsections 1, 2
and 3 if the governing body determines that:
(a) The project will be located in an isolated or
rural area; and
(b) There is minimal risk of disturbance to
residents as a result of the construction of the project.
(Added to NRS by 2013, 3214)
NRS 278.26506 Petition for review of decision of planning commission or
governing body by Public Utilities Commission of Nevada; judicial review;
regulations.
1. An applicant for the issuance of a
special use permit for the construction of any utility project or for the
construction of a renewable energy generation project with a nameplate capacity
of 10 megawatts or more who:
(a) Believes that the decision of the planning
commission or governing body to approve or deny the applicant’s application was
not timely; or
(b) Disagrees with any conditions imposed by the
special use permit issued by the planning commission or governing body,
Ê may, in the
manner prescribed by the Public Utilities Commission of Nevada by regulation,
petition the Public Utilities Commission of Nevada to review the decision of
the planning commission or governing body.
2. A petition submitted to the Public
Utilities Commission of Nevada pursuant to this section must include:
(a) The name, mailing address and telephone
number of the petitioner;
(b) The name of the planning commission or
governing body to whom the petitioner applied for a special use permit;
(c) A statement of the decision of the planning
commission or governing body from which review is sought;
(d) A statement of the resolution sought by the
petitioner;
(e) A statement of the legal basis for the
resolution sought by the petitioner;
(f) A copy of the application and all supporting
documents submitted by the petitioner to the planning commission or governing
body;
(g) A copy of each document issued by the
planning commission or governing body relating to the application; and
(h) Any other information required by the Public
Utilities Commission of Nevada.
3. In any proceeding before the Public
Utilities Commission of Nevada concerning a petition submitted pursuant to this
section, the parties:
(a) Must include:
(1) The petitioner;
(2) The planning commission or governing
body whose decision is the subject of the petition; and
(3) The Regulatory Operations Staff of the
Public Utilities Commission of Nevada; and
(b) May include:
(1) The Bureau of Consumer Protection in
the Office of the Attorney General, upon the filing by the Bureau of Consumer
Protection of a notice to intervene; and
(2) Any other person or entity that
participated in any proceeding before the planning commission or governing body
relating to the application for the issuance of a special use permit, if the
person or entity petitions the Public Utilities Commission of Nevada for, and
is granted, leave to intervene.
4. Not later than 150 days after receiving
a petition to review the decision of a planning commission or governing body,
the Public Utilities Commission of Nevada shall issue an order:
(a) Approving the decision of the planning commission
or governing body;
(b) Directing the planning commission or
governing body to issue a special use permit with such terms and conditions as
the Public Utilities Commission of Nevada determines are reasonable; or
(c) Directing the planning commission or
governing body to modify the terms and conditions of a special use permit in
the manner prescribed by the Public Utilities Commission of Nevada.
5. An order issued by the Public Utilities
Commission of Nevada pursuant to this section is final for the purposes of
judicial review.
6. The Public Utilities Commission of
Nevada shall adopt such regulations as it determines necessary to carry out the
provisions of this section.
(Added to NRS by 2013, 3214)
ZONING BOARDS OF ADJUSTMENT
NRS 278.270 Creation. The
governing body of any county or of any city which enacts zoning regulations
under the authority of NRS 278.010 to 278.630, inclusive, may provide by ordinance for a
board of adjustment.
[Part 15:110:1941; A 1955, 197]—(NRS A 1981, 164)
NRS 278.280 Members: Appointment; compensation; terms; removal; vacancies.
1. Any ordinance enacted under NRS 278.270 may provide that the board:
(a) Be composed of the members of the governing
body; or
(b) Be composed of not more than seven appointed
members.
2. Any ordinance providing for the
appointment of members must prescribe:
(a) The manner of appointment and compensation of
the members.
(b) The terms of the members, which must be
arranged so that no more than two will expire each year.
3. If the members of the board are
appointed, no member may hold another public office except that one member may
also be a member of the planning commission.
4. Members who are appointed may be
removed after a public hearing for inefficiency, neglect of duty or malfeasance
of office.
5. Vacancies must be filled for the
unexpired term of any member appointed whose term becomes vacant.
[Part 15:110:1941; A 1955, 197]—(NRS A 1969, 866; 1981, 165)
NRS 278.290 Meetings, rules and records.
1. Meetings of the board must be held at
the call of the chair and at such other times as the board may determine. The
chair, or in his or her absence the acting chair, may administer oaths and
compel the attendance of witnesses. All meetings of the board must be open to
the public.
2. The board shall adopt rules in
accordance with the provisions of any ordinance adopted pursuant to NRS 278.010 to 278.630,
inclusive.
3. The board shall keep minutes of its
proceedings, showing the vote of each member upon each question, or, if absent
or failing to vote, indicating such fact, and audio recordings or transcripts
of its proceedings, and shall keep records of its examinations and other
official actions, all of which must be filed immediately in the office of the
board and, except as otherwise provided in NRS
241.035, are public records. A copy of the minutes or audio recordings must
be made available to a member of the public upon request at no charge pursuant
to NRS 241.035.
[Part 15:110:1941; A 1955, 197]—(NRS A 2005, 1408; 2013, 327)
NRS 278.300 Powers.
1. The board of adjustment shall have the
following powers:
(a) To hear and decide appeals where it is
alleged by the appellant that there is an error in any order, requirement,
decision or refusal made by an administrative official or agency based on or
made in the enforcement of any zoning regulation or any regulation relating to
the location or soundness of structures.
(b) To hear and decide, in accordance with the
provisions of any such regulation, requests for variances, or for interpretation
of any map, or for decisions upon other special questions upon which the board
is authorized by any such regulation to pass.
(c) Where by reason of exceptional narrowness,
shallowness, or shape of a specific piece of property at the time of the
enactment of the regulation, or by reason of exceptional topographic conditions
or other extraordinary and exceptional situation or condition of the piece of
property, the strict application of any regulation enacted under NRS 278.010 to 278.630,
inclusive, would result in peculiar and exceptional practical difficulties to,
or exceptional and undue hardships upon, the owner of the property, to
authorize a variance from that strict application so as to relieve the
difficulties or hardship, if the relief may be granted without substantial
detriment to the public good, without substantial impairment of affected
natural resources and without substantially impairing the intent and purpose of
any ordinance or resolution.
(d) To hear and decide requests for special use
permits or other special exceptions, in such cases and under such conditions as
the regulations may prescribe.
2. The majority vote of the board of
adjustment is necessary to reverse any order, requirement, decision or
determination of any administrative official or agency, or to decide in favor
of the appellant.
[17:110:1941; 1931 NCL § 5063.16]—(NRS A 1969, 734;
1973, 1244; 1979,
372; 2013,
3224)
NRS 278.310 Appeals: Persons entitled to appeal to board of adjustment;
procedure; appeals from decisions of board of adjustment; alternative procedure
if board of adjustment has not been created.
1. Except as otherwise provided in
subsection 4, appeals to the board of adjustment may be taken by:
(a) Any person aggrieved by his or her inability
to obtain a building permit, or by the decision of any administrative officer
or agency based upon or made in the course of the administration or enforcement
of the provisions of any zoning regulation or any regulation relating to the
location or soundness of structures.
(b) Any officer, department, board or bureau of
the city or county affected by the grant or refusal of a building permit or by
other decision of an administrative officer or agency based on or made in the
course of the administration or enforcement of the provisions of any zoning
regulations.
2. Except as otherwise provided in
subsection 4, the time within which an appeal must be made, and the form of
other procedure relating thereto, must be as specified in the general rules
provided by the governing body to govern the procedure of the board of
adjustment and in the supplemental rules of procedure adopted by the board of
adjustment.
3. Each governing body which has created a
board of adjustment pursuant to NRS 278.270 shall
adopt an ordinance providing that any person who is aggrieved by a decision of
the board of adjustment regarding an appeal of an administrative decision may
appeal the decision of the board of adjustment. An ordinance that a governing
body is required to adopt pursuant to this subsection must either:
(a) Comply with subsection 2 of NRS 278.3195, thereby requiring the aggrieved person
first to appeal the decision of the board of adjustment to the governing body;
or
(b) Set forth a separate procedure which allows
the aggrieved person to appeal the decision of the board of adjustment directly
to the district court of the proper county by filing a petition for judicial
review within 25 days after the date of filing of notice of the decision with
the clerk or secretary of the board of adjustment, as provided in NRS 278.0235.
4. If the governing body has not created a
board of adjustment pursuant to NRS 278.270, any
person aggrieved by the decision of an administrative officer or agency, as
described in subsection 1, may appeal the decision in accordance with the
ordinance adopted pursuant to NRS 278.3195.
[16:110:1941; 1931 NCL § 5063.15]—(NRS A 2001, 2806)
SPECIAL EXCEPTIONS
NRS 278.315 Granting of variances, special and conditional use permits and
other special exceptions by board of adjustment, planning commission or hearing
examiner; appeal of decision.
1. The governing body may provide by
ordinance for the granting of variances, special use permits, conditional use
permits or other special exceptions by the board of adjustment, the planning
commission or a hearing examiner appointed pursuant to NRS
278.262. The governing body may impose this duty entirely on the board,
commission or examiner, respectively, or provide for the granting of enumerated
categories of variances, special use permits, conditional use permits or
special exceptions by the board, commission or examiner.
2. A hearing to consider an application
for the granting of a variance, special use permit, conditional use permit or
special exception must be held before the board of adjustment, planning
commission or hearing examiner within 65 days after the filing of the
application, unless a longer time or a different process of review is provided
in an agreement entered into pursuant to NRS 278.0201.
3. In a county whose population is less
than 100,000, notice setting forth the time, place and purpose of the hearing
must be sent at least 10 days before the hearing to:
(a) The applicant;
(b) Each owner of real property, as listed on the
county assessor’s records, located within 300 feet of the property in question;
(c) If a mobile home park is located within 300
feet of the property in question, each tenant of that mobile home park;
(d) Any advisory board which has been established
for the affected area by the governing body; and
(e) If a military installation is located within
3,000 feet of the property in question, the commander of that military
installation.
4. Except as otherwise provided in
subsection 7, in a county whose population is 100,000 or more, a notice setting
forth the time, place and purpose of the hearing must be sent at least 10 days
before the hearing to:
(a) The applicant;
(b) If the application is for a deviation of at
least 10 percent but not more than 30 percent from a standard for development:
(1) Each owner, as listed on the county
assessor’s records, of real property located within 100 feet of the property in
question; and
(2) Each tenant of a mobile home park
located within 100 feet of the property in question;
(c) If the application is for a special use
permit or a deviation of more than 30 percent from a standard for development:
(1) Each owner, as listed on the county
assessor’s records, of real property located within 500 feet of the property in
question;
(2) The owner, as listed on the county
assessor’s records, of each of the 30 separately owned parcels nearest the
property in question, to the extent this notice does not duplicate the notice
given pursuant to subparagraph (1); and
(3) Each tenant of a mobile home park
located within 500 feet of the property in question;
(d) If the application is for a project of
regional significance, as that term is described in NRS
278.02542:
(1) Each owner, as listed on the county assessor’s
records, of real property located within 750 feet of the property in question;
(2) The owner, as listed on the county
assessor’s records, of each of the 30 separately owned parcels nearest the
property in question, to the extent this notice does not duplicate the notice
given pursuant to subparagraph (1); and
(3) Each tenant of a mobile home park
located within 750 feet of the property in question;
(e) Any advisory board which has been established
for the affected area by the governing body; and
(f) If a military installation is located within
3,000 feet of the property in question, the commander of that military
installation.
5. If an application is filed with the
governing body for the issuance of a special use permit with regard to property
situated within an unincorporated town that is located more than 10 miles from
an incorporated city, the governing body shall, at least 10 days before the
hearing on the application is held pursuant to subsection 2, transmit a copy of
any information pertinent to the application to the town board, citizens’
advisory council or town advisory board, whichever is applicable, of the
unincorporated town. The town board, citizens’ advisory council or town
advisory board may make recommendations regarding the application and submit
its recommendations before the hearing on the application is held pursuant to
subsection 2. The governing body or other authorized person or entity
conducting the hearing shall consider any recommendations submitted by the town
board, citizens’ advisory council or town advisory board regarding the
application and, within 10 days after making its decision on the application,
shall transmit a copy of its decision to the town board, citizens’ advisory
council or town advisory board.
6. An applicant or a protestant may appeal
a decision of the board of adjustment, planning commission or hearing examiner
in accordance with the ordinance adopted pursuant to NRS
278.3195.
7. In a county whose population is 700,000
or more, if the application is for the issuance of a special use permit for an
establishment which serves alcoholic beverages for consumption on or off of the
premises as its primary business in a district which is not a gaming enterprise
district as defined in NRS 463.0158,
the governing body shall, at least 10 days before the hearing:
(a) Send a notice setting forth the time, place
and purpose of the hearing to:
(1) The applicant;
(2) Each owner, as listed on the county
assessor’s records, of real property located within 1,500 feet of the property
in question;
(3) The owner, as listed on the county
assessor’s records, of each of the 30 separately owned parcels nearest the
property in question, to the extent this notice does not duplicate the notice
given pursuant to subparagraph (2);
(4) Each tenant of a mobile home park
located within 1,500 feet of the property in question;
(5) Any advisory board which has been
established for the affected area by the governing body; and
(6) If a military installation is located
within 3,000 feet of the property in question, the commander of that military
installation; and
(b) Erect or cause to be erected on the property,
at least one sign not less than 2 feet high and 2 feet wide. The sign must be
made of material reasonably calculated to withstand the elements for 40 days.
The governing body must be consistent in its use of colors for the background
and lettering of the sign. The sign must include the following information:
(1) The existing permitted use and zoning
designation of the property in question;
(2) The proposed permitted use of the
property in question;
(3) The date, time and place of the public
hearing; and
(4) A telephone number which may be used
by interested persons to obtain additional information.
8. A sign required pursuant to subsection
7 is for informational purposes only and must be erected regardless of any
local ordinance regarding the size, placement or composition of signs to the
contrary.
9. A governing body may charge an
additional fee for each application for a special use permit to cover the
actual costs resulting from the erection of not more than one sign required by
subsection 7, if any. The additional fee is not subject to the limitation imposed
by NRS 354.5989.
10. The governing body shall remove or
cause to be removed any sign required by subsection 7 within 5 days after the
final hearing for the application for which the sign was erected. There must be
no additional charge to the applicant for such removal.
11. The notice required to be provided
pursuant to subsections 3, 4 and 7 must be sent by mail or, if requested by a
party to whom notice must be provided pursuant to those subsections, by
electronic means if receipt of such an electronic notice can be verified, and
must be written in language which is easy to understand. The notice must set
forth the time, place and purpose of the hearing and a physical description or
map of the property in question.
12. The provisions of this section do not
apply to an application for a conditional use permit filed pursuant to NRS 278.147.
(Added to NRS by 1969, 734; A 1983, 1247; 1987, 933; 1991, 371; 1993, 2205; 1997, 2422; 1999, 786, 1137; 2001, 1448, 1686, 2806, 2817, 2819, 2824; 2003, 2340; 2007, 351; 2011, 1190)
NRS 278.319 Granting of minor deviations without hearing; appeal of
decision.
1. The governing body may adopt an
ordinance that authorizes the director of planning or another person or agency
to grant a deviation of less than 10 percent from requirements for land use
established within a zoning district without conducting a hearing. The
ordinance must require an applicant for such a deviation to obtain the written
consent of the owner of any real property that would be affected by the
deviation.
2. If the director of planning or other
authorized person or agency grants a deviation in accordance with its authority
delegated pursuant to subsection 1, the director of planning or other
authorized person or agency shall ensure that the deviation will not impair the
purpose of the zoning district or any regulations adopted by the governing body
pursuant to NRS 278.250.
3. An applicant or other aggrieved person
may appeal the decision of the director of planning or other authorized person
or agency in accordance with the ordinance adopted pursuant to NRS 278.3195.
(Added to NRS by 1997, 2418; A 2001, 1451, 2808, 2822)
APPEALS
NRS 278.3195 Governing body to adopt ordinance allowing appeal to governing
body concerning certain decisions regarding use of land; required contents of
ordinance; appeal of decision of governing body to district court.
1. Except as otherwise provided in NRS 278.310, each governing body shall adopt an
ordinance providing that any person who is aggrieved by a decision of:
(a) The planning commission, if the governing
body has created a planning commission pursuant to NRS
278.030;
(b) The board of adjustment, if the governing
body has created a board of adjustment pursuant to NRS
278.270;
(c) A hearing examiner, if the governing body has
appointed a hearing examiner pursuant to NRS 278.262;
or
(d) Any other person appointed or employed by the
governing body who is authorized to make administrative decisions regarding the
use of land,
Ê may appeal
the decision to the governing body. In a county whose population is 700,000 or
more, a person shall be deemed to be aggrieved under an ordinance adopted
pursuant to this subsection if the person appeared, either in person, through
an authorized representative or in writing, before a person or entity described
in paragraphs (a) to (d), inclusive, on the matter which is the subject of the
decision.
2. Except as otherwise provided in NRS 278.310, an ordinance adopted pursuant to
subsection 1 must set forth, without limitation:
(a) The period within which an appeal must be
filed with the governing body.
(b) The procedures pursuant to which the
governing body will hear the appeal.
(c) That the governing body may affirm, modify or
reverse a decision.
(d) The period within which the governing body
must render its decision except that:
(1) In a county whose population is
700,000 or more, that period must not exceed 45 days.
(2) In a county whose population is less
than 700,000, that period must not exceed 60 days.
(e) That the decision of the governing body is a
final decision for the purpose of judicial review.
(f) That, in reviewing a decision, the governing
body will be guided by the statement of purpose underlying the regulation of
the improvement of land expressed in NRS 278.020.
(g) That the governing body may charge the
appellant a fee for the filing of an appeal.
3. In addition to the requirements set
forth in subsection 2, in a county whose population is 700,000 or more, an
ordinance adopted pursuant to subsection 1 must:
(a) Set forth procedures for the consolidation of
appeals; and
(b) Prohibit the governing body from granting to
an aggrieved person more than two continuances on the same matter, unless the
governing body determines, upon good cause shown, that the granting of
additional continuances is warranted.
4. Any person who:
(a) Has appealed a decision to the governing body
in accordance with an ordinance adopted pursuant to subsection 1; and
(b) Is aggrieved by the decision of the governing
body,
Ê may appeal
that decision to the district court of the proper county by filing a petition
for judicial review within 25 days after the date of filing of notice of the
decision with the clerk or secretary of the governing body, as set forth in NRS 278.0235.
5. As used in this section, “person”
includes the Armed Forces of the United States or an official component or
representative thereof.
(Added to NRS by 2001, 2803; A 2003, 1734; 2007, 354; 2011, 1193)
DIVISIONS OF LAND
Subdivision of Land: General Provisions
NRS 278.320 “Subdivision” defined; exemptions for certain land.
1. “Subdivision” means any land, vacant or
improved, which is divided or proposed to be divided into five or more lots,
parcels, sites, units or plots, for the purpose of any transfer or development,
or any proposed transfer or development, unless exempted by one of the
following provisions:
(a) The term “subdivision” does not apply to any
division of land which is subject to the provisions of NRS
278.471 to 278.4725, inclusive.
(b) Any joint tenancy or tenancy in common shall
be deemed a single interest in land.
(c) Unless a method of disposition is adopted for
the purpose of evading this chapter or would have the effect of evading this
chapter, the term “subdivision” does not apply to:
(1) Any division of land which is ordered
by any court in this State or created by operation of law;
(2) A lien, mortgage, deed of trust or any
other security instrument;
(3) A security or unit of interest in any
investment trust regulated under the laws of this State or any other interest
in an investment entity;
(4) Cemetery lots; or
(5) An interest in oil, gas, minerals or
building materials, which are now or hereafter severed from the surface
ownership of real property.
2. A common-interest community consisting
of five or more units shall be deemed to be a subdivision of land within the
meaning of this section, but need only comply with NRS
278.326 to 278.460, inclusive, and 278.473 to 278.490,
inclusive.
3. The board of county commissioners of
any county may exempt any parcel or parcels of land from the provisions of NRS 278.010 to 278.630,
inclusive, if:
(a) The land is owned by a railroad company or by
a nonprofit corporation organized and existing pursuant to the provisions of chapter 81 or 82
of NRS which is an immediate successor in title to a railroad company, and the
land was in the past used in connection with any railroad operation; and
(b) Other persons now permanently reside on the
land.
4. Except as otherwise provided in
subsection 5, this chapter, including, without limitation, any requirements
relating to the adjustment of boundary lines or the filing of a parcel map or
record of survey, does not apply to the division, exchange or transfer of land
for agricultural purposes if each parcel resulting from such a division,
exchange or transfer:
(a) Is 10 acres or more in size, unless local
zoning laws require a larger minimum parcel size, in which case each parcel
resulting from the division, exchange or transfer must comply with the parcel
size required by those local zoning laws;
(b) Has a zoning classification that is
consistent with the designation in the master plan, if any, regarding land use
for the parcel;
(c) Can be described by reference to the standard
subdivisions used in the United States Public Land Survey System;
(d) Qualifies for agricultural use assessment
under NRS 361A.100 to 361A.160, inclusive, and any regulations
adopted pursuant thereto; and
(e) Is accessible:
(1) By way of an existing street, road or
highway;
(2) Through other adjacent lands owned by
the same person; or
(3) By way of an easement for agricultural
purposes that was granted in connection with the division, exchange or transfer.
5. The exemption from the provisions of
this chapter, which exemption is set forth in subsection 4, does not apply with
respect to any parcel resulting from the division, exchange or transfer of
agricultural lands if:
(a) Such resulting parcel ceases to qualify for
agricultural use assessment under NRS
361A.100 to 361A.160, inclusive,
and any regulations adopted pursuant thereto; or
(b) New commercial buildings or residential
dwelling units are proposed to be constructed on the parcel after the date on
which the division, exchange or transfer took place. The provisions of this
paragraph do not prohibit the expansion, repair, reconstruction, renovation or
replacement of preexisting buildings or dwelling units that are:
(1) Dilapidated;
(2) Dangerous;
(3) At risk of being declared a public
nuisance;
(4) Damaged or destroyed by fire, flood,
earthquake or any natural or man-made disaster; or
(5) Otherwise in need of expansion,
repair, reconstruction, renovation or replacement.
[18.1:110:1941; added 1947, 834; 1943 NCL §
5063.17a]—(NRS A 1971, 938; 1973, 1336; 1975, 6, 1178, 1563; 1977, 1495; 1979, 1498; 1991, 582, 1312, 1318; 2003, 974; 2007, 563; 2013, 3224)
NRS 278.325 Mapping for industrial or commercial development; restriction on
sale of parcel for residential use; requirements for creating boundary by
conveyance.
1. If a subdivision is proposed on land
which is zoned for industrial or commercial development, neither the tentative
nor the final map need show any division of the land into lots or parcels, but
the streets and any other required improvements are subject to the requirements
of NRS 278.010 to 278.630,
inclusive.
2. No parcel of land may be sold for
residential use from a subdivision whose final map does not show a division of
the land into lots.
3. Except as otherwise provided in
subsection 4, a boundary or line must not be created by a conveyance of a
parcel from an industrial or commercial subdivision unless a professional land
surveyor has surveyed the boundary or line and set the monuments. The surveyor
shall file a record of the survey pursuant to the requirements set forth in NRS 625.340. Any conveyance of such a
parcel must contain a legal description of the parcel that is independent of
the record of survey.
4. The provisions of subsection 3 do not
apply to a boundary or line that is created entirely within an existing
industrial or commercial building. A certificate prepared by a professional
engineer or registered architect certifying compliance with the applicable law
of this State in effect at the time of the preparation of the certificate and
with the building code in effect at the time the building was constructed must
be attached to any document which proposes to subdivide such a building.
5. A certificate prepared pursuant to
subsection 4 for a building located in a county whose population is 700,000 or
more must be reviewed, approved and signed by the building official having
jurisdiction over the area within which the building is situated.
(Added to NRS by 1969, 723; A 1993, 2560; 2005, 2668; 2007, 2922; 2011, 1194;
2013, 3226)
NRS 278.326 Local ordinances governing improvements, mapping, accuracy,
engineering and related subjects.
1. Local subdivision ordinances shall be
enacted by the governing body of every incorporated city and every county,
prescribing regulations which, in addition to the provisions of NRS 278.010 to 278.630,
inclusive, govern matters of improvements, mapping, accuracy, engineering and
related subjects, but shall not be in conflict with NRS
278.010 to 278.630, inclusive.
2. The subdivider shall comply with the
provisions of the appropriate local ordinance before the final map is approved.
[23:110:1941; 1931 NCL § 5063.22]—(NRS A 1973, 1769; 1977, 1500; 2013, 3226)
NRS 278.327 Approval of map does not preclude further division. Approval of any map pursuant to the provisions
of NRS 278.010 to 278.630,
inclusive, does not in itself prohibit the further division of the lots,
parcels, sites, units or plots described, but any such further division shall
conform to the applicable provisions of those sections.
(Added to NRS by 1975, 1562; A 1977, 1496; 2013, 3227)
NRS 278.328 Final action by planning commission on tentative map and final
map: Authorization; appeal. The
governing body may, by ordinance, authorize the planning commission to take
final action on a tentative map and a final map. Any person aggrieved by the
commission’s action may appeal the commission’s decision in accordance with the
ordinance adopted pursuant to NRS 278.3195.
(Added to NRS by 1987, 658; A 1997, 2424; 2001, 2808)
NRS 278.329 Relief from requirement to dedicate certain easements. A governing body or its authorized representative
may relieve a person who proposes to divide land pursuant to NRS 278.360 to 278.460,
inclusive, or 278.471 to 278.4725,
inclusive, from the requirement to dedicate easements to public utilities that
provide gas, electric, telecommunications, water and sewer services and any
video service providers pursuant to paragraph (d) or (e) of subsection 9 of NRS 278.372 or paragraph (c) or (d) of subsection 4 of
NRS 278.472 if the person demonstrates to the
public body or its authorized representative that there is not an essential
nexus to the public purpose for the dedication and the dedication is not
roughly proportional in nature and extent to the impact of the proposed
development.
(Added to NRS by 2003, 2345; A 2007, 1379)
Subdivision of Land: Tentative Maps
NRS 278.330 Preparation of tentative map; filing and distribution of copies;
action by planning commission.
1. The initial action in connection with
the making of any subdivision is the preparation of a tentative map.
2. The subdivider shall file copies of the
map with the planning commission or its designated representative, or with the
clerk of the governing body if there is no planning commission, together with a
filing fee in an amount determined by the governing body.
3. The commission, its designated
representative, the clerk or other designated representative of the governing
body or, when authorized by the governing body, the subdivider or any other
appropriate agency shall distribute copies of the map and any accompanying data
to all state and local agencies and persons charged with reviewing the proposed
subdivision.
4. If there is no planning commission, the
clerk of the governing body shall submit the tentative map to the governing
body at its next regular meeting.
5. Except as otherwise provided by
subsection 6, if there is a planning commission, it shall:
(a) In a county whose population is 700,000 or
more, within 45 days; or
(b) In a county whose population is less than
700,000, within 60 days,
Ê after
accepting as a complete application a tentative map, recommend approval,
conditional approval or disapproval of the map in a written report filed with
the governing body.
6. If the governing body has authorized
the planning commission to take final action on a tentative map, the planning
commission shall:
(a) In a county whose population is 700,000 or
more, within 45 days; or
(b) In a county whose population is less than
700,000, within 60 days,
Ê after
accepting as a complete application a tentative map, approve, conditionally
approve or disapprove the tentative map in the manner provided for in NRS 278.349. The planning commission shall file its
written decision with the governing body.
[21:110:1941; 1931 NCL § 5063.20]—(NRS A 1971, 1207;
1973, 1829; 1977,
647, 1496;
1979, 58; 1987, 658; 1993, 2561; 1997, 2424; 2001, 1967, 2808; 2003, 975; 2011, 1194)
NRS 278.335 Review of tentative map by agencies of State; reviews and
inspections by district board of health.
1. A copy of the tentative map must be
forwarded by the planning commission or its designated representative, or if
there is no planning commission, the clerk or other designated representative
of the governing body, for review to:
(a) The Division of Water Resources and the
Division of Environmental Protection of the State Department of Conservation
and Natural Resources;
(b) The district board of health acting for the
Division of Environmental Protection pursuant to subsection 2; and
(c) If the subdivision is subject to the
provisions of NRS 704.6672, the Public
Utilities Commission of Nevada.
2. In a county whose population is 100,000
or more, if the county and one or more incorporated cities in the county have
established a district board of health, the authority of the Division of
Environmental Protection to review and certify proposed subdivisions and to
conduct construction or installation inspections must be exercised by the
district board of health.
3. A district board of health which
conducts reviews and inspections under this section shall consider all the
requirements of the law concerning sewage disposal, water pollution, water
quality and water supply facilities. At least four times annually, the district
board of health shall notify the Division of Environmental Protection which
subdivisions met these requirements of law and have been certified by the
district board of health.
4. The State is not chargeable with any
expense incurred by a district board of health acting pursuant to this section.
5. Each reviewing agency shall, within 15
days after the receipt of the tentative map, file its written comments with the
planning commission or the governing body recommending approval, conditional
approval or disapproval and stating the reasons therefor.
(Added to NRS by 1977, 1497; A 1979, 704; 1987, 520; 1993, 2561; 1997, 1984; 2005, 559, 692)
NRS 278.340 Review by city of tentative map of subdivision proposed to be
located within 1 mile of boundary of city. Except
as otherwise provided in a comprehensive regional plan adopted pursuant to NRS 278.026 to 278.029,
inclusive, whenever a subdivider proposes to subdivide any land within 1 mile
of the boundary of a city, the planning commission of the county or its
designated representative, or, if there is no planning commission, the clerk or
other designated representative of the governing body of the county shall
forward a copy of the tentative map to the planning commission of the city or,
if there is no planning commission, the governing body of the city for review
and comment.
[19:110:1941; 1931 NCL § 5063.18]—(NRS A 1959, 499;
1973, 1768; 1993,
2562)
NRS 278.345 Review by county of tentative map of subdivision proposed to be
located within 1 mile of boundary of unincorporated area of county. Whenever a subdivider proposes to subdivide
any land within an incorporated city in a county whose population is 100,000 or
more, and the proposed subdivision is within 1 mile of the boundary of an
unincorporated area of the county, the planning commission of the city or its
designated representative, or, if there is no planning commission, the
governing body of the city or its designated representative shall forward a
copy of the subdivider’s tentative map:
1. To the planning commission of the
county for review and comment; or
2. If there is no planning commission of
the county, to the clerk of the governing body of the county. The clerk shall
submit the map to the governing body of the county at its next regular meeting
for review and comment.
(Added to NRS by 1963, 102; A 1969, 1539; 1973, 1768;
1979, 530; 1989, 1917; 1993, 2563)
NRS 278.346 Tentative map to be forwarded to school board; acquisition or
disposal of school site.
1. The planning commission or its
designated representative or, if there is no planning commission, the clerk or
other designated representative of the governing body shall, not more than 10
days after the tentative map is filed pursuant to the provisions of subsection
2 of NRS 278.330, forward a copy of the tentative map
to the board of trustees of the school district within which the proposed
subdivision is located. Within 15 days after receipt of the copy, the board of
trustees or its designee shall, if a school site is needed within the area,
notify the commission or governing body that a site is requested.
2. If the board of trustees requests a
site:
(a) The subdivider shall, except as otherwise
provided in subsection 8, set aside a site of the size which is determined by
the board.
(b) The subdivider and the board of trustees
shall, except as otherwise provided in subsections 7 and 8, negotiate for the
price of the site, which must not exceed the fair market value of the land as
determined by an independent appraisal paid for by the board.
3. If any land purchased by the school
district pursuant to the provisions of subsection 2 has not been placed in use
as a school site at the end of 10 years from the date of purchase, the land
must be offered to the subdivider or the successor in interest of the
subdivider at a sale price equal to the fair market value of the land at the
time of the offer, as determined by an independent appraisal paid for by the
board.
4. If the subdivider or the successor in
interest of the subdivider does not accept an offer made pursuant to the
provisions of subsection 3 or 9, then the board of trustees may:
(a) Sell or lease such property in the manner
provided in NRS 277.050 or 393.220 to 393.320, inclusive;
(b) Exchange such property in the manner provided
in NRS 277.050 or 393.326 to 393.3293, inclusive; or
(c) Retain such property, if such retention is
determined to be in the best interests of the school district.
5. Except as otherwise provided in
subsection 6, when any land dedicated to the use of the public school system or
any land purchased and used as a school site becomes unsuitable, undesirable or
impractical for any school uses or purposes, the board of trustees of the
county school district in which the land is located shall dispose of the land
as provided in subsection 4.
6. Land dedicated under the provisions of
former NRS 116.020, as
it read before April 6, 1961, which the board of trustees determines is
unsuitable, undesirable or impractical for school purposes may be reconveyed
without cost to the dedicator or the successor or successors in interest of the
dedicator.
7. Except as otherwise provided in
subsection 8, in a county whose population is 100,000 or more but less than
700,000, the school district may purchase the site for a price negotiated
between the subdivider and the board of trustees, which price must not exceed
the lesser of:
(a) The fair market value of the land at the time
the tentative map was approved, as determined by an independent appraisal paid
for by the board, plus any costs paid by the subdivider with respect to that
land between the date the tentative map was approved and the date of purchase;
or
(b) The fair market value of the land on the date
of purchase, as determined by an independent appraisal paid for by the board.
8. If, 5 years after the date on which the
final map that contains the school site was approved, a school district has not
purchased the site pursuant to the provisions of subsection 7, the subdivider
need not continue to set aside the site pursuant to the provisions of
subsection 2.
9. If, 10 years after the date on which the
final map that contains the school site was approved, construction of a school
at the school site has not yet begun, the land purchased by the school district
pursuant to subsection 7 must be offered to the subdivider or the successor in
interest of the subdivider at a sale price equal to the fair market value of
the land at the time of the offer, as determined by an independent appraisal
paid for by the board.
(Added to NRS by 1977, 1499; A 1993, 2563; 2009, 1234;
2011, 1195)
NRS 278.347 Review of tentative map by general improvement district. When any subdivider proposes to subdivide
land, any part of which is located within the boundaries of any general
improvement district organized or reorganized pursuant to chapter 318 of NRS, the planning commission or
its designated representative, or, if there is no planning commission, the
clerk or other designated representative of the governing body shall file a
copy of the subdivider’s tentative map with the board of trustees of the
district. The board of trustees may within 30 days review and comment in
writing upon the map to the planning commission or governing body. The planning
commission or governing body shall take any such comments into consideration
before approving the tentative map.
(Added to NRS by 1977, 424; A 1993, 2564)
NRS 278.348 Review of tentative map by irrigation district in county whose
population is less than 100,000. In
any county whose population is less than 100,000, when any subdivider proposes
to subdivide land, any part of which is located within the boundaries of any
irrigation district organized pursuant to chapter
539 of NRS, the planning commission or its designated representative, or,
if there is no planning commission, the clerk or other designated
representative of the governing body shall file a copy of the subdivider’s
tentative map with the board of directors of the district. The board of
directors shall within 30 days review and comment in writing upon the map to
the planning commission or governing body. The planning commission or governing
body shall take those comments into consideration before approving the
tentative map.
(Added to NRS by 1987, 1391; A 1993, 2564)
NRS 278.3485 Review of tentative map for subdivision of land containing
irrigation ditch located outside irrigation district in county whose population
is less than 100,000.
1. In any county whose population is less
than 100,000, when any subdivider proposes to subdivide land which is located
outside the boundaries of any irrigation district organized pursuant to chapter 539 of NRS on which an irrigation ditch
is located, the planning commission or its designated representative, or if
there is no planning commission, the clerk or other designated representative
of the governing body, shall forward a copy of the subdivider’s tentative map,
by certified or registered mail, to the last known address of the owner of
record of any land to which the irrigation ditch is appurtenant that is on file
in the office of the county assessor pursuant to this section. An owner of
record who receives a copy of a subdivider’s tentative map shall, within 30
days after receiving the map, review and comment in writing upon the map to the
planning commission or governing body. The planning commission or governing
body shall take those comments into consideration before approving the
tentative map.
2. A subdivider whose tentative map is
provided to an owner of record pursuant to this section is responsible for any
costs incurred by the planning commission or its designated representative, or
by the clerk or other designated representative of the governing body, in
identifying the owner of record and providing a copy of the tentative map to
the owner of record.
(Added to NRS by 2003, 974)
NRS 278.349 Action on tentative map by governing body; considerations in
determining action on tentative map; final disposition.
1. Except as otherwise provided in
subsection 2, the governing body, if it has not authorized the planning
commission to take final action, shall, by an affirmative vote of a majority of
all the members, approve, conditionally approve or disapprove a tentative map
filed pursuant to NRS 278.330:
(a) In a county whose population is 700,000 or
more, within 45 days; or
(b) In a county whose population is less than
700,000, within 60 days,
Ê after
receipt of the planning commission’s recommendations.
2. If there is no planning commission, the
governing body shall approve, conditionally approve or disapprove a tentative
map:
(a) In a county whose population is 700,000 or
more, within 45 days; or
(b) In a county whose population is less than
700,000, within 60 days,
Ê after the
map is filed with the clerk of the governing body.
3. The governing body, or planning
commission if it is authorized to take final action on a tentative map, shall
consider:
(a) Environmental and health laws and regulations
concerning water and air pollution, the disposal of solid waste, facilities to
supply water, community or public sewage disposal and, where applicable,
individual systems for sewage disposal;
(b) The availability of water which meets
applicable health standards and is sufficient in quantity for the reasonably
foreseeable needs of the subdivision;
(c) The availability and accessibility of
utilities;
(d) The availability and accessibility of public
services such as schools, police protection, transportation, recreation and
parks;
(e) Conformity with the zoning ordinances and
master plan, except that if any existing zoning ordinance is inconsistent with
the master plan, the zoning ordinance takes precedence;
(f) General conformity with the governing body’s
master plan of streets and highways;
(g) The effect of the proposed subdivision on
existing public streets and the need for new streets or highways to serve the
subdivision;
(h) Physical characteristics of the land such as
floodplain, slope and soil;
(i) The recommendations and comments of those
entities and persons reviewing the tentative map pursuant to NRS 278.330 to 278.3485,
inclusive;
(j) The availability and accessibility of fire
protection, including, but not limited to, the availability and accessibility
of water and services for the prevention and containment of fires, including
fires in wild lands; and
(k) The submission by the subdivider of an
affidavit stating that the subdivider will make provision for payment of the
tax imposed by chapter 375 of NRS and for
compliance with the disclosure and recording requirements of subsection 5 of NRS 598.0923, if applicable, by the
subdivider or any successor in interest.
4. The governing body or planning
commission shall, by an affirmative vote of a majority of all the members, make
a final disposition of the tentative map. The governing body or planning
commission shall not approve the tentative map unless the subdivider has
submitted an affidavit stating that the subdivider will make provision for the
payment of the tax imposed by chapter 375 of
NRS and for compliance with the disclosure and recording requirements of
subsection 5 of NRS 598.0923, if
applicable, by the subdivider or any successor in interest. Any disapproval or
conditional approval must include a statement of the reason for that action.
(Added to NRS by 1977, 1498; A 1979, 705; 1981, 1707; 1987, 659; 1989, 499; 1993, 2564; 1997, 2424; 2001, 1126, 1968, 2809; 2003, 976; 2009, 1113;
2011, 1196)
NRS 278.350 Limitations on time for action on tentative or final map; effect
of certain agreements extending time limits covering portion of approved
tentative map.
1. Unless a longer time is provided in an
agreement entered into pursuant to NRS 278.0201:
(a) The time limit for acting and reporting on a
tentative or final map may be extended by mutual consent of the subdivider and
the governing body or planning commission, as the case may be.
(b) If no action is taken within the time limits
set forth in NRS 278.010 to 278.630,
inclusive, a tentative map as filed shall be deemed to be approved, and the
clerk of the governing body, or the planning commission if it has been
authorized to take final action, shall certify the map as approved.
(c) The time limits set forth in NRS 278.010 to 278.630,
inclusive, for tentative and final maps are suspended for a period, not to
exceed 1 year, during which this State or the Federal Government takes any
action to protect the environment or an endangered species which prohibits,
stops or delays the processing of a tentative map or the development,
processing or recordation of a final map.
2. If the subdivider enters into an
agreement pursuant to paragraph (a) of subsection 1 covering a portion of an
approved tentative map, no requirements other than those imposed on each of the
final maps in a series of final maps may be placed on a map when the agreement
is entered into unless the requirement is directly attributable to a change in
applicable laws which affects the public health, safety or welfare.
[Part 22:110:1941; 1931 NCL § 5063.21]—(NRS A 1977, 1499; 1985, 2116; 1987, 660, 1304; 1991, 299; 1997, 2425; 2009, 164)
NRS 278.353 Disclosure required when property offered for sale before final
map recorded. If any property in a
subdivision is offered for sale before a final map is recorded for that
subdivision, the seller or his or her agent shall disclose to any potential
buyer that the final map has not been recorded.
(Added to NRS by 1979, 1361)
Subdivision of Land: Final Maps
NRS 278.360 Requirements for presentation of final map or series of final
maps; extensions of time.
1. Unless a longer time is provided in an
agreement entered into pursuant to NRS 278.0201 or
278.350:
(a) Unless the time is extended, the subdivider
shall present to the governing body, or the planning commission or the director
of planning or other authorized person or agency if authorized to take final
action by the governing body, within 4 years after the approval of a tentative
map:
(1) A final map, prepared in accordance
with the tentative map, for the entire area for which a tentative map has been
approved; or
(2) The first of a series of final maps
covering a portion of the approved tentative map. If the subdivider elects to
present a successive map in a series of final maps, each covering a portion of
the approved tentative map, the subdivider shall present to the governing body,
or the planning commission or the director of planning or other authorized
person or agency if authorized to take final action by the governing body, on
or before the second anniversary of the date on which the subdivider recorded
the first in the series of final maps:
(I) A final map, prepared in
accordance with the tentative map, for the entire area for which the tentative
map has been approved; or
(II) The next final map in the
series of final maps covering a portion of the approved tentative map.
(b) If the subdivider fails to comply with the
provisions of paragraph (a), all proceedings concerning the subdivision are
terminated.
(c) The governing body or planning commission may
grant an extension of not more than 2 years for the presentation of any final
map after the 2-year period for presenting a successive final map has expired.
2. If the subdivider is presenting in a
timely manner a series of final maps, each covering a portion of the approved
tentative map, no requirements other than those imposed on each of the final
maps in the series may be placed on the map when an extension of time is granted
unless the requirement is directly attributable to a change in applicable laws
which affect the public health, safety or welfare.
[Part 22:110:1941; 1931 NCL § 5063.21]—(NRS A 1973,
1768; 1977,
1500; 1981,
165, 1182;
1985, 564, 2116; 1987, 660, 1304; 1993, 2565; 1997, 2426; 2001, 2810; 2003, 2343; 2009, 165; 2011, 695)
NRS 278.371 Survey, setting of monuments and preparation of final map;
performance bond.
1. The survey, setting of monuments and
final map must be made by a professional land surveyor licensed in the State of
Nevada.
2. The final monuments must be set before
the recordation of the final map unless the subdivider furnishes a performance
bond or other suitable assurance to the governing body or planning commission
guaranteeing that the subdivider will provide a professional land surveyor to
set the monuments on or before a day certain. The governing body or planning
commission shall determine the amount of the performance bond, if any is
required. If a surveyor other than the one signing the final plat accepts
responsibility for the setting of monuments, a certificate of amendment must be
filed and recorded.
3. The final monument must, except as
otherwise provided in subsections 6 and 7, consist of a nonferrous tablet, disc
or cap securely attached to the top of a metallic shaft solidly embedded in the
ground, with a minimum diameter of 5/8 of an inch and a length sufficient to
resist removal, and a mark for the exact point and stamped “PLS” followed by
the number of the professional land surveyor’s license.
4. Final monuments must be set at:
(a) Each corner of the boundary of the
subdivision and at any point necessary to ensure that each monument on a given
boundary can be seen from the next monument on that boundary.
(b) Intersections of centerlines of streets.
(c) Sufficient locations along the centerlines of
streets so that the centerlines may be retraced. These locations may be at, or
on an offset to, an angle to the centerline of a street, the center of a
cul-de-sac, a point which defines a curve (the beginning or end of a curve or a
point of intersection of a tangent) or an intersection with a boundary of the
subdivision.
(d) A position for a corner of the system of
rectangular surveys which is used as control in the survey required by this
chapter to establish property lines and corners of the subdivision.
Ê The
governing body shall, by ordinance, adopt any additional standards for the
setting of final monuments which are reasonably necessary, including the
establishment of Nevada state plane coordinates thereon pursuant to chapter 327 of NRS.
5. A final monument required in subsection
4 which falls in a paved area must:
(a) Consist of a well with lid placed so that the
top of the tablet, disc or cap of the monument is not less than 4 inches below
the surface of the pavement; or
(b) Be of comparable construction as required by
the governing body.
Ê The monument
must be set flush with the top of the pavement with such references as are
required by the governing body.
6. If a point designated in subsection 4
falls on solid bedrock or on a concrete or stone roadway, curb, gutter or walk,
a durable nonferrous metal tablet, disc or cap must be securely anchored in the
rock or concrete and marked as required in subsection 3.
7. If a monument required by subsection 3
cannot be set because of steep terrain, water, marsh or existing structures, or
if it would be obliterated as a result of proposed construction, one or more
reference monuments must be set. In addition to the physical requirements for a
monument set forth in subsections 3 to 6, inclusive, the letters “RM” and “WC”
must be stamped in the tablet, disc or cap. If only one reference monument is
used, it must be set on the actual line or a prolongation thereof. Otherwise,
at least two reference monuments must be set. These monuments shall be deemed
final monuments.
8. A corner of a lot must be set by the
land surveyor in the manner approved by the governing body.
(Added to NRS by 1977, 1501; A 1985, 564; 1987, 660; 1989, 790; 1993, 1196; 1997, 1063)
NRS 278.372 Final map: Requirements and contents.
1. The final map must be clearly and
legibly drawn in permanent black ink upon good tracing cloth or produced by the
use of other materials of a permanent nature generally used for such purpose in
the engineering profession. Affidavits, certificates and acknowledgments must
be legibly stamped or printed upon the final map with permanent black ink.
2. The size of each sheet of the final map
must be 24 by 32 inches. A marginal line must be drawn completely around each
sheet, leaving an entirely blank margin of 1 inch at the top, bottom and right
edges, and of 2 inches at the left edge along the 24-inch dimension.
3. The scale of the final map must be
large enough to show all details clearly. The final map must have a sufficient
number of sheets to accomplish this end.
4. Each sheet of the final map must
indicate its particular number, the total number of sheets in the final map and
its relation to each adjoining sheet.
5. The final map must show all surveyed
and mathematical information and data necessary to locate all monuments and to
locate and retrace all interior and exterior boundary lines appearing thereon,
including the bearings and distances of straight lines, central angle, radii
and arc length for all curves and such information as may be necessary to
determine the location of the centers of curves.
6. Each lot must be numbered or lettered.
7. Each street must be named, and each
block may be numbered or lettered.
8. The exterior boundary of the land
included within the subdivision must be indicated by graphic border.
9. The final map must show:
(a) The definite location of the subdivision, particularly
its relation to surrounding surveys.
(b) The area of each lot and the total area of
the land in the subdivision in the following manner:
(1) In acres, calculated to the nearest
one-hundredth of an acre, if the area is 2 acres or more; or
(2) In square feet if the area is less
than 2 acres.
(c) Any roads or easements of access which the
owner intends to offer for dedication.
(d) Except as otherwise provided in NRS 278.329, an easement for public utilities that
provide gas, electric and telecommunications services and for any video service
providers that are authorized pursuant to chapter
711 of NRS to operate a video service network in that area.
(e) Except as otherwise provided in NRS 278.329, an easement for public utilities that
provide water and sewer services.
10. The final map for a condominium must
also indicate, for the purpose of assessing taxes, whether any garage units,
parking spaces or storage units may be conveyed separately from the units
within the condominium or are parceled separately from those units. As used in
this subsection, “condominium” has the meaning ascribed to it in NRS 116.027.
11. The final map must also satisfy any
additional survey and map requirements, including the delineation of Nevada
state plane coordinates established pursuant to chapter
327 of NRS, for any corner of the subdivision or any other point prescribed
by the local ordinance.
[Part 26:110:1941; 1931 NCL § 5063.25]—(NRS A 1960, 137;
1973, 1830; 1977,
1502; 1985,
896; 1991,
827; 1993,
1197, 2566;
2003, 2345;
2005, 2669;
2007, 1379)
NRS 278.373 Certificates and acknowledgments to appear on final map. The certificates and acknowledgments required
by NRS 116.2109 and 278.374 to 278.378,
inclusive, must appear on a final map and may be combined where appropriate.
(Added to NRS by 1977, 1502; A 1991, 583)
NRS 278.374 Certificate of owner of land; report and guarantee of title
company.
1. Except as otherwise provided in
subsection 2, a final map presented for filing must include a certificate
signed and acknowledged, in the manner provided in NRS 240.1665 or 240.167, by each person who is an owner of
the land:
(a) Consenting to the preparation and recordation
of the final map.
(b) Offering for dedication that part of the land
which the person wishes to dedicate for public use, subject to any reservation
contained therein.
(c) Reserving any parcel from dedication.
(d) Granting any permanent easement for utility
or video service network installation or access, as designated on the final
map, together with a statement approving such easement, signed by the public
utility, video service provider or person in whose favor the easement is
created or whose services are required.
2. If the map presented for filing is an
amended map of a common-interest community, the certificate need only be signed
and acknowledged by a person authorized to record the map under chapter 116 of NRS.
3. A final map of a common-interest
community presented for recording and, if required by local ordinance, a final
map of any other subdivision presented for recording must include:
(a) A report from a title company in which the
title company certifies that it has issued a guarantee for the benefit of the
local government which lists the names of:
(1) Each owner of record of the land to be
divided; and
(2) Each holder of record of a security
interest in the land to be divided, if the security interest was created by a
mortgage or a deed of trust.
Ê The
guarantee accompanying a final map of a common-interest community must also
show that there are no liens of record against the common-interest community or
any part thereof for delinquent state, county, municipal, federal or local
taxes or assessments collected as taxes or special assessments.
(b) The written consent of each holder of record
of a security interest listed pursuant to subparagraph (2) of paragraph (a), to
the preparation and recordation of the final map. A holder of record may
consent by signing:
(1) The final map; or
(2) A separate document that is filed with
the final map and declares his or her consent to the division of land.
4. For the purpose of this section, the
following shall be deemed not to be an interest in land:
(a) A lien for taxes or special assessments.
(b) A trust interest under a bond indenture.
5. As used in this section, “guarantee”
means a guarantee of the type filed with the Commissioner of Insurance pursuant
to paragraph (e) of subsection 1 of NRS
692A.120.
(Added to NRS by 1977, 1502; A 1991, 583; 1993, 205, 2337, 2378, 2566; 1995, 710; 2003, 2346; 2007, 1380)
NRS 278.375 Certificate of professional land surveyor. A final map presented for filing must include
a certificate of the surveyor responsible for the survey. The certificate must
be in the following form:
Surveyor’s Certificate
I,
.........................(Name of Surveyor), a Professional Land Surveyor
licensed in the State of Nevada, certify that:
1. This
plat represents the results of a survey conducted under my direct supervision
at the instance of
(Owner,
Trustee, Etc.).
2. The lands surveyed
lie within..............................................................................
(Section, Township, Range, Meridian
and, if required by the governing body, a description by metes and bounds for
any subdivision which is divided into lots containing 5 acres in area or less),
and the survey was completed
on............................................................ (date).
3. This plat complies
with the applicable state statutes and any local ordinances in effect on the
date that the governing body gave its final approval.
4. The monuments
depicted on the plat are of the character shown, occupy the positions indicated
and are of sufficient number and durability.
(OR)
4. The monuments
depicted on the plat will be of the character shown and occupy the positions
indicated by .............................. (a day certain) and an appropriate
financial guarantee will be posted with the governing body before recordation
to ensure the installation of the monuments.
........................................................ License
Number and Stamp:
(Name of Surveyor)
(Added to NRS by 1977, 1503; A 1979, 440; 1981, 1159; 1989, 791; 1993, 2567; 1997, 1064)
NRS 278.376 Certificate by county or city surveyor or by county or city
engineer.
1. A final map presented for filing must
include a certificate by the county surveyor or county engineer if a
subdivision lies within an unincorporated area, and if a subdivision lies
within a city, a certificate by the city surveyor, city engineer or county
surveyor when for that purpose appointed by the governing body of the city,
stating:
(a) That he or she has examined the final map;
and
(b) That the map is technically correct and that
if the monuments have not been set, that a proper performance bond has been
deposited guaranteeing their setting on or before a day certain.
2. The person certifying the information
required by this section must be licensed as a professional land surveyor or
civil engineer pursuant to chapter 625 of
NRS.
(Added to NRS by 1977, 1503; A 1989, 792; 1991, 1890; 1997, 1065)
NRS 278.377 Certificates of certain governmental entities required; appeal
from adverse decision of Division of Environmental Protection; copies of
certain certificates to be furnished to subdivider and purchaser.
1. A final map presented for filing must
include a certificate by:
(a) The Division of Environmental Protection of
the State Department of Conservation and Natural Resources or the district
board of health acting pursuant to NRS 278.335
indicating that the final map is approved concerning sewage disposal, water
pollution, water quality and water supply facilities. The district board of
health may not issue a certificate unless it has received:
(1) Written verification from the Division
of Environmental Protection that the final map has been approved by the
Division with regard to water pollution and sewage disposal in accordance with
the Nevada Water Pollution Control Law; and
(2) If the final map pertains to a
subdivision which is subject to the provisions of NRS 704.6672, written verification from
the Public Utilities Commission of Nevada that the final map has been approved
by the Public Utilities Commission with regard to continuity and adequacy of
water supply or sewer service, or both, as applicable.
(b) The Division of Water Resources of the State
Department of Conservation and Natural Resources, showing that the final map is
approved by the Division of Water Resources concerning water quantity. If the
final map pertains to a subdivision which is subject to the provisions of NRS 704.6672, the Division of Water
Resources may not issue a certificate unless it has received written
verification from the Public Utilities Commission of Nevada that the final map
has been approved by the Public Utilities Commission with regard to continuity
and adequacy of water supply or sewer service, or both, as applicable.
2. Any person aggrieved by the issuance or
denial of approval with regard to water pollution and sewage disposal by the
Division of Environmental Protection may appeal to the State Environmental
Commission, which shall affirm, modify or reverse the action of the Division of
Environmental Protection. The State Environmental Commission shall adopt
regulations providing the time within which appeals must be taken and the
manner of taking the appeal to the State Environmental Commission.
3. A copy of the certificate by the
Division of Water Resources required by subsection 1 must be furnished to the
subdivider who in turn shall provide a copy of the certificate to each
purchaser of land before the time the sale is completed. Any statement of
approval as required in subsection 1 is not a warranty or representation in
favor of any person as to the safety or quantity of such water.
(Added to NRS by 1977, 1504; A 1979, 706, 1919, 1920; 1993, 2568; 2005, 560, 693)
NRS 278.378 Certificate by clerk of governing body, planning commission or
other authorized person or agency; clerk to present final map to county
recorder for recording.
1. A final map presented to the county
recorder for recording must include a certificate by the clerk of the governing
body or planning commission, or the director of planning or other authorized
person or agency if authorized to take final action by the governing body,
stating that the governing body, planning commission, director of planning or
other authorized person or agency:
(a) Approved the map;
(b) Accepted or rejected on behalf of the public
any parcel of land offered for dedication for public use in conformity with the
terms of the offer of dedication; and
(c) If applicable, determined that a public
street, easement or utility easement that will not remain in effect after a
merger and resubdivision of parcels conducted pursuant to NRS 278.4925, has been vacated or abandoned in
accordance with NRS 278.480.
2. The director of planning or, if there
is no director of planning, the clerk of the governing body shall certify on
the final map that it substantially complies with the tentative map and all
conditions have been met.
3. The clerk of the governing body or
planning commission shall cause the approved final map to be presented to the
county recorder for recording.
(Added to NRS by 1977, 1504; A 1985, 566; 1987, 662; 1999, 788; 2001, 1759)
NRS 278.380 Approval of final map: General requirements; acceptance of
dedications; imposition and appeal of requirements for improvements and
security.
1. After receipt of the final map:
(a) The governing body or planning commission, at
its next meeting; or
(b) If authorized by the governing body, the
director of planning or other authorized person or agency, within 10 days after
the map is accepted as a complete application by the governing body, planning
commission, the director of planning or other authorized person or agency,
Ê shall
approve the map if it conforms to all the requirements of NRS 278.010 to 278.630,
inclusive, and of any local ordinance applicable at the time of approval of the
final map, or any rulings made thereunder.
2. The governing body, planning commission
or director of planning or other authorized person or agency shall at that time
also accept or reject all offers of dedication and may, as a condition
precedent to the acceptance of streets or easements, require that the
subdivider improve or agree to improve the streets or easements.
3. If an agreement for a required
improvement is entered into, the governing body or planning commission may
require that the agreement be secured by a good and sufficient bond or other
security in the amount determined by the governing body, planning commission or
director of planning or other authorized person or agency.
4. Any requirement imposed by the planning
commission, director of planning or other authorized person or agency pursuant
to this section may be appealed in accordance with the ordinance adopted
pursuant to NRS 278.3195. If such an appeal is
filed, the limit on time to approve or disapprove a final map in subsection 1
is extended until 10 days after:
(a) The decision of the governing body on the
appeal; or
(b) The decision of the district court, if the
decision of the governing body is appealed to the district court.
[24:110:1941; 1931 NCL § 5063.23]—(NRS A 1977, 1500; 1981, 1183; 1985, 566; 1987, 662; 1997, 2426; 2001, 2811)
NRS 278.385 Approval of final map: Submission of plans to install water
meters. The governing body,
planning commission or director of planning or other authorized person or
agency shall not approve any final map for a subdivision served by a public
water system which it receives after May 15, 1977, unless the subdivider has
submitted plans which provide for the installation of water meters or other
devices which will measure water delivered to each water user in the
subdivision.
(Added to NRS by 1977, 1401; A 1987, 662; 1997, 2427)
NRS 278.390 Title to dedicated property passes when final map recorded;
offer of dedication may remain open. Title
to property dedicated or accepted for streets and easements passes when the
final map is recorded. If at the time the final map is approved any streets are
rejected, the offer of dedication shall be deemed to remain open and the
governing body or planning commission may by resolution at any later date, and
without further action by the subdivider, rescind its action and accept and
open the streets for public use. Such an acceptance must be recorded in the
office of the county recorder and be so noted by the recorder on the
subdivision plat, if the county recorder does not maintain a cumulative index
for such plats and amendments. If such an index is maintained, the county
recorder shall direct an appropriate entry for the acceptance or amendment.
[25:110:1941; 1931 NCL § 5063.24]—(NRS A 1977, 1501; 1987, 379, 662, 664; 1997, 2427)
NRS 278.450 Fee for recording final map. For
the recordation of any final map, the county recorder shall collect a fee of
$50 for the first sheet of the map and $10 for each additional sheet. The fee
must be deposited in the general fund of the county where it is collected.
[32:110:1941; 1931 NCL § 5063.31]—(NRS A 1973, 1773;
1975, 1425; 1977,
1504; 1993,
1357; 2001,
3217)
NRS 278.460 Requirements for recording final map; county recorder to provide
copy of final map or access to digital final map to county assessor.
1. A county recorder shall not record any
final map unless the map:
(a) Contains or is accompanied by the report of a
title company and all the certificates of approval, conveyance and consent required
by the provisions of NRS 278.374 to 278.378, inclusive, and by the provisions of any local
ordinance; and
(b) Is accompanied by a written statement signed
by the treasurer of the county in which the land to be divided is located
indicating that all property taxes on the land for the fiscal year have been
paid and that the full amount of any deferred property taxes for the conversion
of the property from agricultural use has been paid pursuant to NRS 361A.265.
2. The provisions of NRS 278.010 to 278.630,
inclusive, do not prevent the recording, pursuant to the provisions of NRS 278.010 to 278.630,
inclusive, and any applicable local ordinances, of a map of any land which is
not a subdivision, nor do NRS 278.010 to 278.630, inclusive, prohibit the recording of a map in
accordance with the provisions of any statute requiring the recording of
professional land surveyor’s records of surveys.
3. A county recorder shall accept or
refuse a final map for recordation within 10 days after its delivery to the
county recorder.
4. A county recorder who records a final
map pursuant to this section shall, within 7 working days after he or she
records the final map, provide to the county assessor at no charge:
(a) A duplicate copy of the final map and any
supporting documents; or
(b) Access to the digital final map and any
digital supporting documents. The map and supporting documents must be in a
form that is acceptable to the county recorder and the county assessor.
[18.2:110:1941; added 1947, 834; 1943 NCL §
5063.17b]—(NRS A 1973, 1773; 1977, 1504; 1989, 500; 1991, 1383; 1993, 2569; 1997, 1584; 2001, 1559, 1760; 2003, 2785; 2009, 834)
Parcel Maps
NRS 278.461 General requirements; exemptions.
1. Except as otherwise provided in this
section, a person who proposes to divide any land for transfer or development
into four lots or less shall:
(a) Prepare a parcel map and file the number of
copies, as required by local ordinance, of the parcel map with the planning
commission or its designated representative or, if there is no planning
commission, with the clerk of the governing body; and
(b) Pay a filing fee in an amount determined by
the governing body,
Ê unless those
requirements are waived or the provisions of NRS
278.471 to 278.4725, inclusive, apply. The map
must be accompanied by a written statement signed by the treasurer of the
county in which the land to be divided is located indicating that all property
taxes on the land for the fiscal year have been paid, and by the affidavit of
the person who proposes to divide the land stating that the person will make
provision for the payment of the tax imposed by chapter
375 of NRS and for compliance with the disclosure and recording
requirements of subsection 5 of NRS
598.0923, if applicable, by the person who proposes to divide the land or
any successor in interest.
2. In addition to any other requirement
set forth in this section, a person who is required to prepare a parcel map
pursuant to subsection 1 shall provide a copy of the parcel map to the Division
of Water Resources of the State Department of Conservation and Natural
Resources and obtain a certificate from the Division indicating that the parcel
map is approved as to the quantity of water available for use if:
(a) Any parcel included in the parcel map:
(1) Is within or partially within a basin
designated by the State Engineer pursuant to NRS
534.120 for which the State Engineer has issued an order requiring the
approval of the parcel map by the State Engineer; and
(2) Will be served by a domestic well; and
(b) The dedication of a right to appropriate
water to ensure a sufficient supply of water is not required by an applicable
local ordinance.
3. If the parcel map is submitted to the
clerk of the governing body, the clerk shall submit the parcel map to the
governing body at its next regular meeting.
4. A common-interest community consisting
of four units or less shall be deemed to be a division of land within the
meaning of this section, but need only comply with this section and NRS 278.371, 278.373 to 278.378, inclusive, 278.462,
278.464 and 278.466.
5. A parcel map is not required when the
division is for the express purpose of:
(a) The creation or realignment of a public
right-of-way by a public agency.
(b) The creation or realignment of an easement.
(c) An adjustment of the boundary line between
two abutting parcels or the transfer of land between two owners of abutting
parcels, which does not result in the creation of any additional parcels, if
such an adjustment is approved pursuant to NRS
278.5692 and is made in compliance with the provisions of NRS 278.5693.
(d) The purchase, transfer or development of
space within an apartment building or an industrial or commercial building.
(e) Carrying out an order of any court or
dividing land as a result of an operation of law.
6. A parcel map is not required for any of
the following transactions involving land:
(a) The creation of a lien, mortgage, deed of
trust or any other security instrument.
(b) The creation of a security or unit of
interest in any investment trust regulated under the laws of this State or any
other interest in an investment entity.
(c) Conveying an interest in oil, gas, minerals
or building materials, which is severed from the surface ownership of real
property.
(d) Conveying an interest in land acquired by the
Department of Transportation pursuant to chapter
408 of NRS.
(e) Filing a certificate of amendment pursuant to
NRS 278.473.
7. When two or more separate lots,
parcels, sites, units or plots of land are purchased, they remain separate for
the purposes of this section and NRS 278.468, 278.590 and 278.630. When
the lots, parcels, sites, units or plots are resold or conveyed they are exempt
from the provisions of NRS 278.010 to 278.630, inclusive, until further divided.
8. Unless a method of dividing land is
adopted for the purpose or would have the effect of evading this chapter, the
provisions for the division of land by a parcel map do not apply to a transaction
exempted by paragraph (c) of subsection 1 of NRS
278.320.
9. As used in this section, “domestic
well” has the meaning ascribed to it in NRS
534.350.
[27.1:110:1941; added 1947, 834; 1943 NCL §
5063.26a]—(NRS A 1973, 453, 1338; 1975, 1564; 1977, 1508; 1979, 1499; 1983, 251; 1985, 709; 1989, 501; 1991, 583, 1383, 1387; 1993, 2569; 2007, 849; 2009, 1114)
NRS 278.462 Requirements which may be imposed by governing body. The governing body or, if authorized by the
governing body, the planning commission or other authorized person:
1. May require street grading, drainage
provisions and lot designs as are reasonably necessary.
2. If it anticipates, based upon duly adopted
ordinances and plans, that the parcels will be used for residential, commercial
or industrial purposes, may require off-site access, street alignment,
surfacing and width, water quality, water supply and sewerage provisions only
as necessary and consistent with the existing use of any land zoned for similar
use which is within 660 feet of the proposed parcel. If the proposed parcels
are less than 1 acre, the governing body or, if authorized by the governing
body, the planning commission or other authorized person may require additional
improvements which are reasonably necessary and consistent with the use of the
land if it is developed as proposed.
3. For a second or subsequent parcel map
with respect to:
(a) A single parcel; or
(b) A contiguous tract of land under the same
ownership,
Ê may require
any reasonable improvement, but not more than would be required if the parcel
were a subdivision.
(Added to NRS by 1977, 1509; A 1991, 624; 1993, 2570; 1995, 710; 2003, 656)
NRS 278.4625 Minimum size of mobile home lot. The
governing body of a city or county may not require the minimum size of a mobile
home lot that is individually owned to be larger than the minimum size of a
mobile home lot that is leased to a tenant.
(Added to NRS by 1993, 1470)
NRS 278.463 Survey required; exception. Except
as otherwise provided in this section, a parcel map must be based on a survey
made for that purpose. The county surveyor, city surveyor or professional land
surveyor appointed by the governing body, may pursuant to NRS 278.464 waive the requirement of a survey if, in
his or her judgment, a survey is not required to accomplish the purposes of NRS 278.010 to 278.630,
inclusive.
(Added to NRS by 1975, 1562; A 1993, 2571)
NRS 278.464 Action on parcel map by planning commission, governing body or
other authorized person or agency; waiver of requirement for map and survey;
consideration of certain criteria authorized in determining approval of certain
parcel maps; appeals; certificate of approval of parcel map.
1. Except as otherwise provided in
subsection 2, if there is a planning commission, it shall:
(a) In a county whose population is 700,000 or
more, within 45 days; or
(b) In a county whose population is less than
700,000, within 60 days,
Ê after
accepting as a complete application a parcel map, recommend approval,
conditional approval or disapproval of the map in a written report. The planning
commission shall submit the parcel map and the written report to the governing
body.
2. If the governing body has authorized
the planning commission to take final action on a parcel map, the planning
commission shall:
(a) In a county whose population is 700,000 or
more, within 45 days; or
(b) In a county whose population is less than
700,000, within 60 days,
Ê after
accepting as a complete application the parcel map, approve, conditionally
approve or disapprove the map. The planning commission shall file its written
decision with the governing body. Unless the time is extended by mutual
agreement, if the planning commission is authorized to take final action and it
fails to take action within the period specified in this subsection, the parcel
map shall be deemed approved.
3. If there is no planning commission or
if the governing body has not authorized the planning commission to take final
action, the governing body or, by authorization of the governing body, the
director of planning or other authorized person or agency shall:
(a) In a county whose population is 700,000 or
more, within 45 days; or
(b) In a county whose population is less than
700,000, within 60 days,
Ê after
acceptance of the parcel map as a complete application by the governing body
pursuant to subsection 1 or pursuant to subsection 3 of NRS
278.461, review and approve, conditionally approve or disapprove the parcel
map. Unless the time is extended by mutual agreement, if the governing body,
the director of planning or other authorized person or agency fails to take
action within the period specified in this subsection, the parcel map shall be
deemed approved.
4. The planning commission and the
governing body or director of planning or other authorized person or agency
shall not approve the parcel map unless the person proposing to divide the land
has submitted an affidavit stating that the person will make provision for the
payment of the tax imposed by chapter 375 of
NRS and for compliance with the disclosure and recording requirements of
subsection 5 of NRS 598.0923, if
applicable, by the person proposing to divide the land or any successor in
interest.
5. Except as otherwise provided in NRS 278.463, if unusual circumstances exist, a
governing body or, if authorized by the governing body, the planning commission
may waive the requirement for a parcel map. Before waiving the requirement for
a parcel map, a determination must be made by the county surveyor, city
surveyor or professional land surveyor appointed by the governing body that a
survey is not required. Unless the time is extended by mutual agreement, a
request for a waiver must be acted upon:
(a) In a county whose population is 700,000 or
more, within 45 days; or
(b) In a county whose population is less than
700,000, within 60 days,
Ê after the
date of the request for the waiver or, in the absence of action, the waiver
shall be deemed approved.
6. A governing body may consider or may,
by ordinance, authorize the consideration of the criteria set forth in
subsection 3 of NRS 278.349 in determining whether
to approve, conditionally approve or disapprove a second or subsequent parcel
map for land that has been divided by a parcel map which was recorded within
the 5 years immediately preceding the acceptance of the second or subsequent
parcel map as a complete application.
7. An applicant or other person aggrieved
by a decision of the governing body’s authorized representative or by a final
act of the planning commission may appeal the decision in accordance with the
ordinance adopted pursuant to NRS 278.3195.
8. If a parcel map and the associated
division of land are approved or deemed approved pursuant to this section, the
approval must be noted on the map in the form of a certificate attached thereto
and executed by the clerk of the governing body, the governing body’s
designated representative or the chair of the planning commission. A
certificate attached to a parcel map pursuant to this subsection must indicate,
if applicable, that the governing body or planning commission determined that a
public street, easement or utility easement which will not remain in effect
after a merger and resubdivision of parcels conducted pursuant to NRS 278.4925 has been vacated or abandoned in
accordance with NRS 278.480.
(Added to NRS by 1977, 1510; A 1989, 792; 1993, 2571; 1997, 2427; 1999, 788, 893; 2001, 64, 1969, 2811; 2007, 850; 2009, 1116;
2011, 1197)
NRS 278.466 Form and contents of parcel map; reference to parcel number and
recording.
1. The parcel map must be legibly drawn in
permanent black ink on tracing cloth or produced by the use of other materials
of a permanent nature generally used for that purpose in the engineering
profession. Affidavits, certificates and acknowledgments must be legibly
stamped or printed upon the map with permanent black ink. The size of each
sheet must be 24 by 32 inches. A marginal line must be drawn completely around
each sheet, leaving an entirely blank margin of 1 inch at the top, bottom and
right edges, and of 2 inches at the left edge along the 24-inch dimension.
2. A parcel map must indicate the owner of
any adjoining land, or any right-of-way if owned by the person dividing the
land.
3. A parcel map must show:
(a) The area of each parcel or lot and the total
area of the land to be divided in the following manner:
(1) In acres, calculated to the nearest
one-hundredth of an acre, if the area is 2 acres or more; or
(2) In square feet if the area is less
than 2 acres.
(b) All monuments found, set, reset, replaced or
removed, describing their kind, size and location and giving other data
relating thereto.
(c) Bearing or witness monuments, the basis of
bearings, bearing and length of lines and the scale of the map.
(d) The name and legal designation of the tract
or grant in which the survey is located and any ties to adjoining tracts.
(e) Any easements granted or dedications made.
(f) Any other data necessary for the intelligent
interpretation of the various items and locations of the points, lines and area
shown.
4. A parcel map must include:
(a) The memorandum of oaths described in NRS 625.320.
(b) The certificate of the surveyor required
pursuant to NRS 278.375.
(c) The certificate of the Division of Water
Resources of the State Department of Conservation and Natural Resources issued
pursuant to NRS 278.461, if any.
(d) The signature of each owner of the land to be
divided.
5. A governing body may by local ordinance
require a parcel map to include:
(a) A report from a title company which lists the
names of:
(1) Each owner of record of the land to be
divided; and
(2) Each holder of record of a security
interest in the land to be divided,
Ê if the
security interest was created by a mortgage or a deed of trust.
(b) The written consent of each holder of record
of a security interest listed pursuant to subparagraph (2) of paragraph (a) to
the preparation and recordation of the parcel map. A holder of record of a
security interest may consent by signing:
(1) The parcel map; or
(2) A separate document that is recorded
with the parcel map and declares his or her consent to the division of land, if
the map contains a notation that a separate document has been recorded to this
effect.
6. If the requirement for a parcel map is
waived, the governing body may specify by local ordinance the type and extent
of information or mapping necessary for the division of land.
7. Reference to the parcel number and
recording data of a recorded parcel map is a complete legal description of the
land contained in the parcel.
[Part 27.2:110:1941; added 1947, 834; 1943 NCL §
5063.26b]—(NRS A 1960, 138; 1973, 1338; 1975, 1566; 1977, 1510; 1985, 897; 1989, 793; 1993, 2572; 1995, 198; 2007, 852)
NRS 278.467 Preparation, recordation and contents of document which may be
required if parcel map waived; statement indicating that property taxes have
been paid; county recorder to provide copy of document or access to digital
document to county assessor.
1. If the requirement for a parcel map is
waived, the authority which granted the waiver may require the preparation and
recordation of a document which contains:
(a) A legal description of all parts based on a
system of rectangular surveys;
(b) A provision for the dedication or reservation
of any road right-of-way or easement; and
(c) The approval of the authority which granted
the waiver.
2. If a description by metes and bounds is
necessary in describing the parcel division, it must be prepared by a
professional land surveyor and bear his or her signature and stamp.
3. The person preparing the document may
include the following statement:
This document was prepared
from existing information (identifying it and stating where filed and
recorded), and the undersigned assumes no responsibility for the existence of
monuments or correctness of other information shown on or copied from any such
prior documents.
4. A document recorded pursuant to this
section must be accompanied by a written statement signed by the treasurer of
the county in which the land to be divided is located indicating that all
property taxes on the land for the fiscal year have been paid.
5. A county recorder who records a
document pursuant to this section shall, within 7 working days after he or she
records the document, provide to the county assessor at no charge:
(a) A duplicate copy of the document; or
(b) Access to the digital document. The document
must be in a form that is acceptable to the county recorder and the county
assessor.
(Added to NRS by 1977, 1511; A 1989, 501, 794; 1991, 1384; 1993, 2573; 2001, 1560; 2003, 2786)
NRS 278.468 Duties of preparer of parcel map upon approval; duties of county
recorder.
1. If a parcel map is approved or deemed
approved pursuant to NRS 278.464, the preparer of
the map shall:
(a) Except as otherwise provided in subsection 2,
cause the approved map to be recorded in the office of the county recorder
within 1 year after the date the map was approved or deemed approved, unless
the governing body establishes by ordinance a longer period, not to exceed 2
years, for recording the map. The map must be accompanied by a written
statement signed by the treasurer of the county in which the land to be divided
is located indicating that all property taxes on the land for the fiscal year
have been paid.
(b) Pay a fee of $17 for the first sheet of the
map plus $10 for each additional sheet to the county recorder for filing and
indexing.
2. In a county whose population is less
than 100,000, if the parcel map shows an area totaling 50 acres or more that is
subject to a conservation easement, the preparer of the map shall cause the
approved map to be recorded in the office of the county recorder within 3 years
after the date the map was approved or deemed approved, unless the governing
body grants an extension of time for recording the map, which may not exceed 1
year. As used in this subsection, “conservation easement” means an easement
that permanently preserves or protects open space, a floodplain or agricultural
land from being parceled, subdivided or otherwise developed in a manner
incompatible with the preservation or protection of the open space, floodplain
or agricultural land.
3. Upon receipt of a parcel map, the
county recorder shall file the map in a suitable place. The county recorder
shall keep proper indexes of parcel maps by the name of grant, tract,
subdivision or United States subdivision.
4. A county recorder who records a parcel
map pursuant to this section shall, within 7 working days after he or she
records the parcel map, provide to the county assessor at no charge:
(a) A duplicate copy of the parcel map and any
supporting documents; or
(b) Access to the digital parcel map and any
digital supporting documents. The map and supporting documents must be in a
form that is acceptable to the county recorder and the county assessor.
[Part 27.2:110:1941; added 1947, 834; 1943 NCL §
5063.26b]—(NRS A 1969, 255; 1973, 1339; 1975, 757; 1981, 214; 1993, 1357, 2574; 1995, 710; 1997, 2428; 1999, 895; 2001, 1560, 3217; 2003, 2786; 2011, 695)
NRS 278.469 Map to indicate record of survey not in conflict with planning
and zoning requirements. If a
record of survey contains two or more lots or parcels, the surveyor or a person
for whom the record of survey is made shall place upon the map thereof a
statement of the facts which will clearly show that such record of survey is
not in conflict with the requirements of NRS 278.010
to 278.630, inclusive, and the regulations of
transactions pertaining thereto shall be complied with.
[Part 27.2:110:1941; added 1947, 834; 1943 NCL §
5063.26b]—NRS A 1973, 1339; 1977, 1511)—(Substituted
in revision for NRS 278.540)
Division of Land Into Large Parcels
NRS 278.471 Divisions of land subject to NRS 278.471 to 278.4725,
inclusive; exemption.
1. Except as provided in subsections 2 and
3, a proposed division of land is subject to the provisions of NRS 278.471 to 278.4725,
inclusive, if each proposed lot is at least:
(a) One-sixteenth of a section as described by a
government land office survey; or
(b) Forty acres in area, including roads and
easements.
2. The governing body of a city, the board
of county commissioners with respect to the unincorporated area, may by
ordinance elect to make NRS 278.471 to 278.4725, inclusive, apply to each proposed division
of land where each proposed lot is at least:
(a) One-sixty-fourth of a section as described by
a government land office survey; or
(b) Ten acres in area, including roads and
easements.
3. A proposed division of land into lots
or parcels, each of which contains not less than one section or 640 acres, is
not subject to NRS 278.471 to 278.4725, inclusive.
(Added to NRS by 1979, 1504)
NRS 278.4713 Preparation, contents and filing of tentative map; affidavit
required.
1. Unless the filing of a tentative map is
waived, a person who proposes to make a division of land pursuant to NRS 278.471 to 278.4725,
inclusive, must first:
(a) File a tentative map for the area in which
the land is located with the planning commission or its designated
representative or with the clerk of the governing body if there is no planning
commission;
(b) Submit an affidavit stating that the person
will make provision for the payment of the tax imposed by chapter 375 of NRS and for compliance with the
disclosure and recording requirements of subsection 5 of NRS 598.0923, if applicable, by the
person who proposes to make a division of land or any successor in interest;
and
(c) Pay a filing fee of no more than $750 set by
the governing body.
2. This map must be:
(a) Entitled “Tentative Map of Division into
Large Parcels”; and
(b) Prepared and certified by a professional land
surveyor.
3. This map must show:
(a) The approximate, calculated or actual acreage
of each lot and the total acreage of the land to be divided.
(b) Any roads or easements of access which exist,
are proposed in the applicable master plan or are proposed by the person who
intends to divide the land.
(c) Except as otherwise provided in NRS 278.329, an easement for public utilities that
provide gas, electric and telecommunications services and for any video service
providers that are authorized pursuant to chapter
711 of NRS to operate a video service network in that area.
(d) Except as otherwise provided in NRS 278.329, an easement for public utilities that
provide water and sewer services.
(e) Any existing easements for irrigation or
drainage, and any normally continuously flowing watercourses.
(f) An indication of any existing road or
easement which the owner does not intend to dedicate.
(g) The name and address of the owner of the
land.
4. The planning commission and the
governing body or its authorized representative shall not approve the tentative
map unless the person proposing to divide the land has submitted an affidavit
stating that the person will make provision for the payment of the tax imposed
by chapter 375 of NRS and for compliance with
the disclosure and recording requirements of subsection 5 of NRS 598.0923, if applicable, by the
person proposing to divide the land or any successor in interest.
(Added to NRS by 1979, 1504; A 1989, 794; 1993, 2574; 1997, 2429; 1999, 895; 2003, 2347; 2007, 1381; 2009, 1117)
NRS 278.4715 Waiver of requirement to file tentative map; designation of
easements.
1. The planning commission or, if there is
no planning commission, the governing body or its authorized representative may
waive the requirement of filing the tentative map.
2. If the tentative map is filed with the
planning commission or with the governing body or its authorized
representative, the planning commission or the governing body or its authorized
representative may within 60 days after the filing of the tentative map
designate the location and width of any easements for roads and public
utilities as shown on the master plan if there is one applicable to the area to
be divided, or designate the location and width of any easements for roads and
public utilities which may be reasonably necessary to serve the area to be
divided if there is no master plan.
3. The planning commission or the
governing body or its authorized representative shall not designate an easement
after the expiration of 60 days from the filing of the tentative map.
(Added to NRS by 1979, 1505; A 1997, 2429)
NRS 278.472 Final map: Filing; form and contents.
1. After the planning commission or the
governing body or its authorized representative has approved the tentative map
or waived the requirement of its filing, or 60 days after the date of its
filing, whichever is earlier, the person who proposes to divide the land may
file a final map of the division with the governing body or its authorized
representative or, if authorized by the governing body, with the planning
commission. The map must be accompanied by a written statement signed by the
treasurer of the county in which the land to be divided is located indicating
that all property taxes on the land for the fiscal year have been paid.
2. This map must be:
(a) Entitled “Map of Division into Large
Parcels.”
(b) Filed with the governing body or its
authorized representative or, if authorized by the governing body, with the
planning commission not later than 1 year after the date that the tentative map
was first filed with the planning commission or the governing body or its
authorized representative or that the requirement of its filing was waived.
(c) Prepared by a professional land surveyor.
(d) Based upon an actual survey by the preparer
and show the date of the survey and contain the certificate of the surveyor
required pursuant to NRS 278.375.
(e) Clearly and legibly drawn in permanent black
ink upon good tracing cloth or produced by the use of other materials of a
permanent nature generally used for this purpose in the engineering profession.
Affidavits, certificates and acknowledgments must be legibly stamped or printed
upon the map with permanent black ink.
(f) Twenty-four by 32 inches in size with a
marginal line drawn completely around each sheet, leaving an entirely blank
margin of 1 inch at the top, bottom, and right edges, and of 2 inches at the
left edge along the 24-inch dimension.
(g) Of scale large enough to show clearly all
details.
3. The particular number of the sheet and
the total number of sheets comprising the map must be stated on each of the
sheets, and its relation to each adjoining sheet must be clearly shown.
4. This map must show and define:
(a) All subdivision lots by the number and actual
acreage of each lot.
(b) Any roads or easements of access which exist
and which the owner intends to offer for dedication, any roads or easements of
access which are shown on the applicable master plan and any roads or easements
of access which are specially required by the planning commission or the
governing body or its authorized representative.
(c) Except as otherwise provided in NRS 278.329, an easement for public utilities that
provide gas, electric and telecommunications services and for any video service
providers that are authorized pursuant to chapter
711 of NRS to operate a video service network in that area.
(d) Except as otherwise provided in NRS 278.329, an easement for public utilities that
provide water and sewer services.
(e) Any existing easements for irrigation or
drainage, and any normally continuously flowing watercourses.
(Added to NRS by 1979, 1505; A 1989, 502, 795; 1991, 280, 1384; 1993, 2575; 1997, 2430; 2003, 2348; 2007, 1382)
NRS 278.4725 Final map: Action by planning commission or governing body;
appeal; procedures in event of disapproval; conditions for approval; filing;
contents; fee for recording; county recorder to provide copy of final map or
access to digital final map to county assessor.
1. Except as otherwise provided in this
section, if the governing body has authorized the planning commission to take
final action on a final map, the planning commission shall approve,
conditionally approve or disapprove the final map, basing its action upon the
requirements of NRS 278.472:
(a) In a county whose population is 700,000 or
more, within 45 days; or
(b) In a county whose population is less than
700,000, within 60 days,
Ê after
accepting the final map as a complete application. The planning commission
shall file its written decision with the governing body. Except as otherwise
provided in subsection 5, or unless the time is extended by mutual agreement,
if the planning commission is authorized to take final action and it fails to
take action within the period specified in this subsection, the final map shall
be deemed approved unconditionally.
2. If there is no planning commission or
if the governing body has not authorized the planning commission to take final
action, the governing body or its authorized representative shall approve,
conditionally approve or disapprove the final map, basing its action upon the
requirements of NRS 278.472:
(a) In a county whose population is 700,000 or
more, within 45 days; or
(b) In a county whose population is less than
700,000, within 60 days,
Ê after the
final map is accepted as a complete application. Except as otherwise provided
in subsection 5 or unless the time is extended by mutual agreement, if the
governing body or its authorized representative fails to take action within the
period specified in this subsection, the final map shall be deemed approved
unconditionally.
3. An applicant or other person aggrieved
by a decision of the authorized representative of the governing body or by a
final act of the planning commission may appeal the decision in accordance with
the ordinance adopted pursuant to NRS 278.3195.
4. If the map is disapproved, the
governing body or its authorized representative or the planning commission
shall return the map to the person who proposes to divide the land, with the
reason for its action and a statement of the changes necessary to render the
map acceptable.
5. If the final map divides the land into
16 lots or more, the governing body or its authorized representative or the
planning commission shall not approve a map, and a map shall not be deemed
approved, unless:
(a) Each lot contains an access road that is
suitable for use by emergency vehicles; and
(b) The corners of each lot are set by a
professional land surveyor.
6. If the final map divides the land into
15 lots or less, the governing body or its authorized representative or the
planning commission may, if reasonably necessary, require the map to comply
with the provisions of subsection 5.
7. Upon approval, the map must be filed
with the county recorder. Filing with the county recorder operates as a
continuing:
(a) Offer to dedicate for public roads the areas
shown as proposed roads or easements of access, which the governing body may
accept in whole or in part at any time or from time to time.
(b) Offer to grant the easements shown for public
utilities, which any public utility may similarly accept without excluding any
other public utility whose presence is physically compatible.
8. The map filed with the county recorder
must include:
(a) A certificate signed and acknowledged by each
owner of land to be divided consenting to the preparation of the map, the
dedication of the roads and the granting of the easements.
(b) A certificate signed by the clerk of the
governing body or authorized representative of the governing body or the
secretary to the planning commission that the map was approved, or the
affidavit of the person presenting the map for filing that the time limited by
subsection 1 or 2 for action by the governing body or its authorized
representative or the planning commission has expired and that the requirements
of subsection 5 have been met. A certificate signed pursuant to this paragraph
must also indicate, if applicable, that the governing body or planning
commission determined that a public street, easement or utility easement which
will not remain in effect after a merger and resubdivision of parcels conducted
pursuant to NRS 278.4925, has been vacated or
abandoned in accordance with NRS 278.480.
(c) A written statement signed by the treasurer
of the county in which the land to be divided is located indicating that all
property taxes on the land for the fiscal year have been paid.
9. A governing body may by local ordinance
require a final map to include:
(a) A report from a title company which lists the
names of:
(1) Each owner of record of the land to be
divided; and
(2) Each holder of record of a security
interest in the land to be divided, if the security interest was created by a
mortgage or a deed of trust.
(b) The signature of each owner of record of the
land to be divided.
(c) The written consent of each holder of record
of a security interest listed pursuant to subparagraph (2) of paragraph (a), to
the preparation and recordation of the final map. A holder of record may
consent by signing:
(1) The final map; or
(2) A separate document that is filed with
the final map and declares his or her consent to the division of land.
10. After a map has been filed with the
county recorder, any lot shown thereon may be conveyed by reference to the map,
without further description.
11. The county recorder shall charge and
collect for recording the map a fee set by the board of county commissioners of
not more than $50 for the first sheet of the map plus $10 for each additional
sheet.
12. A county recorder who records a final
map pursuant to this section shall, within 7 working days after he or she
records the final map, provide to the county assessor at no charge:
(a) A duplicate copy of the final map and any
supporting documents; or
(b) Access to the digital final map and any
digital supporting documents. The map and supporting documents must be in a
form that is acceptable to the county recorder and the county assessor.
(Added to NRS by 1979, 1506; A 1979, 1506; 1989, 503; 1991, 281, 1385; 1993, 1358, 2576; 1995, 199, 710; 1997, 2430; 1999, 790; 2001, 1561, 1970, 2813, 3218; 2003, 227, 2787; 2011, 1199)
Amendment of Plats, Surveys and Maps
NRS 278.473 Certificate of amendment to correct or amend recorded plat,
survey or map if correction or amendment does not change location of survey
monument, property line or boundary line: Request; preparation, contents and
recordation.
1. To correct an error or omission in or
to amend any recorded subdivision plat, record of survey, parcel map, map of
division into large parcels or reversionary map, if the correction or amendment
does not change or purport to change the physical location of any survey
monument, property line or boundary line, a certificate of amendment must be
requested and recorded pursuant to this section.
2. A certificate of amendment may be
requested by:
(a) The county surveyor to make a correction or
amendment which affects land located within the boundaries of an unincorporated
area or Carson City;
(b) The city surveyor or a professional land
surveyor appointed by the governing body of the city to make a correction or
amendment which affects land located within an incorporated city;
(c) The planning commission if authorized by
local ordinance; or
(d) A professional land surveyor registered
pursuant to chapter 625 of NRS.
3. If a certificate of amendment is
requested to correct or amend a record of survey, the surveyor who:
(a) Requests the certificate of amendment; or
(b) Is responsible for an error or omission which
is to be corrected,
Ê shall
prepare and record the certificate of amendment within 90 days after the
surveyor receives notification of the request made pursuant to subsection 2. If
the surveyor is no longer professionally active, the county surveyor, city surveyor
or a professional land surveyor appointed by the governing body shall prepare
and file the certificate.
4. The certificate of amendment must:
(a) Be in the form of a letter addressed to the
county surveyor, the city surveyor, a professional land surveyor appointed by
the governing body of the city or, if authorized by local ordinance, the
planning commission;
(b) Specify the title, legal description and
recording date of the document being corrected or amended;
(c) Concisely state the data being changed and
the correction or amendment;
(d) Be dated, signed and sealed by the surveyor
preparing the certificate; and
(e) Contain the following statement, dated and
signed by the county surveyor, city surveyor or a professional land surveyor
appointed by the governing body:
I hereby certify that I have
examined the certificate of amendment and that the changes to the original
document specified therein are provided for in applicable sections of NRS 278.010 to 278.630,
inclusive, 625.340 to 625.380, inclusive, and local ordinances
adopted pursuant thereto, and I am satisfied that this certificate of amendment
so amends or corrects the document as to make it technically correct.
5. Upon the recording of a certificate of
amendment, the county recorder shall cause a proper notation to be entered upon
all recorded sheets of the original document being amended, if the county
recorder does not maintain a cumulative index for such maps and amendments. If
such an index is maintained, the county recorder shall direct an appropriate
entry for the amendment.
(Added to NRS by 1977, 1505; A 1979, 1500; 1987, 380; 1989, 795; 1991, 1151; 1993, 2577; 1997, 2432)
NRS 278.475 Amended plat, survey or map to correct or amend recorded plat,
survey or map if correction or amendment changes location of survey monument,
property line or boundary line: Request; preparation and recordation.
1. To correct an error or omission in or
to amend any recorded subdivision plat, record of survey, parcel map, map of
division into large parcels or reversionary map, if the correction or amendment
changes or purports to change the physical location of any survey monument,
property line or boundary line, an amended plat, survey or map must be
requested and recorded pursuant to this section.
2. An amended plat, survey or map may be
requested by:
(a) The county surveyor to make a correction or
amendment which affects land located within the boundaries of an unincorporated
area or Carson City;
(b) The city surveyor or a professional land
surveyor appointed by the governing body of the city to make a correction or
amendment which affects land located within an incorporated city;
(c) The planning commission if authorized by
local ordinance; or
(d) A professional land surveyor registered
pursuant to chapter 625 of NRS.
3. Except as otherwise provided in this
subsection, a surveyor who:
(a) Performed the survey; or
(b) Is responsible for an error or omission which
is to be corrected,
Ê shall
prepare and record the amended plat, survey or map within 90 days after the
surveyor receives notification of the request made pursuant to subsection 2.
The time within which the surveyor must prepare and record the amended plat,
survey or map may be extended by the county surveyor, the city surveyor or a
professional land surveyor appointed by the governing body of the city or the
planning commission. If the surveyor who performed the survey or is responsible
for the error or omission is no longer professionally active, the county
surveyor, city surveyor or a professional land surveyor appointed by the
governing body shall prepare and file the amended plat, survey or map.
(Added to NRS by 1977, 1505; A 1979, 1501; 1991, 1152; 1993, 2578; 1997, 2434)
NRS 278.477 Amendment of recorded plat, map or survey which changes location
of survey monument, property line or boundary line: Procedures and requirements.
1. In addition to the requirements of
subsection 2, an amendment of a recorded subdivision plat, parcel map, map of
division into large parcels or record of survey which changes or purports to
change the physical location of any survey monument, property line or boundary
line is subject to the following requirements:
(a) If the proposed amendment is to a parcel map,
map of division into large parcels or record of survey, the same procedures and
requirements as in the original filing.
(b) If the proposed amendment is to a subdivision
plat, only those procedures for the approval and filing of a final map.
2. Any amended subdivision plat, parcel
map, map of division into large parcels or record of survey required pursuant
to subsection 1 must:
(a) Be identical in size and scale to the
document being amended, drawn in the manner and on the material provided by
law;
(b) Have the words “Amended Plat of” prominently
displayed on each sheet above the title of the document amended;
(c) Have a legal description that describes only
the property which is to be included in the amendment;
(d) Have a blank margin for the county recorder’s
index information;
(e) Have a 3-inch square adjacent to and on the
left side of the existing square for the county recorder’s information and
stamp; and
(f) Contain a certificate of the professional
land surveyor licensed pursuant to chapter 625
of NRS who prepared the amendment stating that it complies with all pertinent
sections of NRS 278.010 to 278.630,
inclusive, and 625.340 to 625.380, inclusive, and with any
applicable local ordinance.
3. Any amended subdivision plat, parcel
map, map of division into large parcels or record of survey that is recorded in
support of an adjusted boundary must:
(a) Contain or be accompanied by the report of a
title company and the certificate required by NRS
278.374 or an order of the district court of the county in which the land
is located that the amendment may be approved without all the necessary
signatures if the order is based upon a finding that:
(1) A bona fide effort was made to notify
the necessary persons;
(2) All persons who responded to the
notice have consented to the amendment; and
(3) The amendment does not adversely
affect the persons who did not respond; and
(b) Contain a certificate executed by the
appropriate county surveyor, county engineer, city surveyor or city engineer,
if he or she is registered as a professional land surveyor or civil engineer
pursuant to chapter 625 of NRS, stating that
he or she has examined the document and that it is technically correct.
4. Upon recording the amended document,
the county recorder shall cause a proper notation to be entered upon all
recorded sheets of the document being amended, if the county recorder does not
maintain a cumulative index for such maps and amendments. If such an index is
maintained, the county recorder shall direct an appropriate entry for the
amendment.
5. A county recorder who records a plat,
map or record of survey pursuant to this section shall, within 7 working days
after he or she records the plat, map or record of survey, provide to the
county assessor at no charge:
(a) A duplicate copy of the plat, map or record
of survey and any supporting documents; or
(b) Access to the digital plat, map or record of
survey and any digital supporting documents. The plat, map or record of survey
and the supporting documents must be in a form that is acceptable to the county
recorder and the county assessor.
(Added to NRS by 1977, 1505; A 1979, 1501; 1987, 380; 1989, 796; 1991, 1890; 1993, 2579; 1997, 1065, 2434; 2001, 1563; 2003, 2789)
Maintenance of Certain Improvements
NRS 278.478 Definitions. As
used in NRS 278.478 to 278.4789,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 278.4781, 278.4783
and 278.4785 have the meanings ascribed to them in
those sections.
(Added to NRS by 1997, 3009)
NRS 278.4781 “Landscaping” defined.
1. “Landscaping” means trees, shrubs,
grass and other ornamentation, whether or not natural or artificial, located:
(a) On the perimeter of a development or
subdivision.
(b) On a median strip on the perimeter of a
development or subdivision.
2. The term includes drainage necessary
for the maintenance of the landscaping described in subsection 1.
(Added to NRS by 1997, 3009; A 2001, 744)
NRS 278.4783 “Public lighting” defined. “Public
lighting” means works or improvements useful in lighting a street, sidewalk or
other place used for a public purpose.
(Added to NRS by 1997, 3009)
NRS 278.4785 “Security wall” defined. “Security
wall” has the meaning ascribed to it in NRS
271.203.
(Added to NRS by 1997, 3009)
NRS 278.4787 Assumption of maintenance by governing body.
1. Except as otherwise provided in
subsection 5, a person who proposes to divide land for transfer or development
into four or more lots pursuant to NRS 278.360 to 278.460, inclusive, or chapter
278A of NRS, may, in lieu of providing for the creation of an association
for a common-interest community, request the governing body of the jurisdiction
in which the land is located to assume the maintenance of one or more of the
following improvements located on the land:
(a) Landscaping;
(b) Public lighting;
(c) Security walls; and
(d) Trails, parks and open space which provide a
substantial public benefit or which are required by the governing body for the
primary use of the public.
2. A governing body shall establish by
ordinance a procedure pursuant to which a request may be submitted pursuant to
subsection 1 in the form of a petition, which must be signed by a majority of
the owners whose property will be assessed and which must set forth
descriptions of all tracts of land or residential units that would be subject
to such an assessment.
3. The governing body may by ordinance
designate a person to approve or disapprove a petition submitted pursuant to
this section. If the governing body adopts such an ordinance, the ordinance
must provide, without limitation:
(a) Procedures pursuant to which the petition
must be reviewed to determine whether it would be desirable for the governing
body to assume the maintenance of the proposed improvements.
(b) Procedures for the establishment of a
maintenance district or unit of assessment.
(c) A method for:
(1) Determining the relative proportions
in which the assumption of the maintenance of the proposed improvements by the
governing body will:
(I) Benefit the development or
subdivision in which the improvements are located; and
(II) Benefit the public;
(2) Assessing the tracts of land or
residential units in the development or subdivision to pay the costs that will
be incurred by the governing body in assuming the maintenance of the proposed
improvements, in the proportion that such maintenance will benefit the
development or subdivision in which the improvements are located; and
(3) Allocating an amount of public money
to pay the costs that will be incurred by the governing body in assuming the
maintenance of the proposed improvements, in the proportion that such maintenance
will benefit the public.
(d) Procedures for a petitioner or other
aggrieved person to appeal to the governing body a decision of the person
designated by the governing body by ordinance adopted pursuant to this
subsection to approve or disapprove a petition.
4. If the governing body does not
designate by an ordinance adopted pursuant to subsection 3 a person to approve
or disapprove a petition, the governing body shall, after receipt of a complete
petition submitted at least 120 days before the approval of the final map for
the land, hold a public hearing at least 90 days before the approval of the
final map for the land, unless otherwise waived by the governing body, to
determine the desirability of assuming the maintenance of the proposed improvements.
If the governing body determines that it would be undesirable for the governing
body to assume the maintenance of the proposed improvements, the governing body
shall specify for the record its reasons for that determination. If the
governing body determines that it would be desirable for the governing body to
assume the maintenance of the proposed improvements, the governing body shall
by ordinance:
(a) Determine the relative proportions in which
the assumption of the maintenance of the proposed improvements by the governing
body will:
(1) Benefit the development or subdivision
in which the improvements are located; and
(2) Benefit the public.
(b) Create a maintenance district or unit of
assessment consisting of the tracts of land or residential units set forth in
the petition or include the tracts of land or residential units set forth in
the petition in an existing maintenance district or unit of assessment.
(c) Establish the method or, if the tracts or
units are included within an existing maintenance district or unit of
assessment, apply an existing method for determining:
(1) The amount of an assessment to pay the
costs that will be incurred by the governing body in assuming the maintenance
of the proposed improvements. The amount of the assessment must be determined
in accordance with the proportion to which such maintenance will benefit the
development or subdivision in which the improvements are located.
(2) The time and manner of payment of the
assessment.
(d) Provide that the assessment constitutes a
lien upon the tracts of land or residential units within the maintenance
district or unit of assessment. The lien must be executed, and has the same
priority, as a lien for property taxes.
(e) Prescribe the levels of maintenance to be provided.
(f) Allocate to the cost of providing the
maintenance the appropriate amount of public money to pay for that part of the
maintenance which creates the public benefit.
(g) Address any other matters that the governing
body determines to be relevant to the maintenance of the improvements,
including, without limitation, matters relating to the ownership of the
improvements and the land on which the improvements are located and any
exposure to liability associated with the maintenance of the improvements.
5. If the governing body requires an owner
of land to dedicate a tract of land as a trail identified in the recreation
plan of the governing body adopted pursuant to NRS
278.160, the governing body shall:
(a) Accept ownership of the tract; and
(b) Assume the maintenance of the tract and any
other improvement located on the land that is authorized in subsection 1.
6. The governing body shall record, in the
office of the county recorder for the county in which the tracts of land or
residential units included in a petition approved pursuant to this section are
located, a notice of the creation of the maintenance district or unit of
assessment that is sufficient to advise the owners of the tracts of land or
residential units that the tracts of land or residential units are subject to
the assessment. The costs of recording the notice must be paid by the
petitioner.
7. The provisions of this section apply
retroactively to a development or subdivision with respect to which:
(a) An agreement or agreements between the owners
of tracts of land within the development or subdivision and the developer allow
for the provision of services in the manner set forth in this section; or
(b) The owners of affected tracts of land or
residential units agree to dissolve the association for their common-interest
community in accordance with the governing documents of the common-interest
community upon approval by the governing body of a petition filed by the owners
pursuant to this section.
(Added to NRS by 1997, 3009; A 2001, 744; 2009, 2767;
2013, 1508)
NRS 278.4789 Provision through association for common-interest community;
notice of failure to maintain; hearings; remedies of governing body.
1. If a person who proposes to divide land
for transfer or development into four or more lots pursuant to NRS 278.360 to 278.460,
inclusive, or chapter 278A of NRS, decides
to provide for the maintenance of landscaping, public lighting or security
walls, or any combination thereof, through an association for a common-interest
community, the governing body of the jurisdiction in which the land is located
may, as a condition of the approval of any final map related to the proposal
for the transfer or development of the land, require the association to adopt a
plan for the maintenance of the improvements located on the land. The plan must
include the proposed level of maintenance to be provided.
2. If the association fails to maintain
the improvements in the manner set forth in the plan, the governing body may
serve written notice upon the association, setting forth the manner in which
the association has failed to maintain the improvements. The notice must:
(a) Include a demand that the deficiencies of
maintenance be cured within 30 days after receipt of the notice; and
(b) State the date, time and place of a hearing
to be held regarding the deficiencies of maintenance. The hearing must be held
within 14 days after the receipt of the notice.
Ê The
governing body shall provide to each owner of an affected tract of land a copy
of the notice served upon the association pursuant to this subsection.
3. At a hearing conducted pursuant to this
section, the governing body may:
(a) Modify the terms of the original notice
served pursuant to subsection 2; and
(b) Provide an extension of time within which the
deficiencies of maintenance may be cured.
4. If the deficiencies in maintenance are
not cured within 30 days after the receipt of the notice or any extension of
time provided pursuant to subsection 3, the governing body or its authorized
agent may:
(a) Enter the land on which the improvements are
located and maintain the improvements for a period of not more than 1 year; and
(b) Assess the affected tracts of land to recover
the cost of the maintenance.
5. Entry and maintenance authorized
pursuant to subsection 4 does not authorize a member of the public to use the
improvements unless the land on which the improvements are located has been
dedicated to and accepted by the governing body.
6. Before the expiration of the period of
maintenance required pursuant to subsection 4, the local government, on its own
motion or upon request of the association, shall hold a public hearing at which
the owners of the affected tracts of land and the association may show cause
why the governing body or its authorized agent need not continue to maintain
the improvements that are located on the affected tracts of land.
7. After a hearing conducted pursuant to
subsection 6, the governing body shall determine whether the association is
ready and able to maintain the improvements that are located on the affected
tracts of land in the manner required by the plan. If the governing body
determines that the association is ready and able to maintain the improvements,
the governing body shall cease its maintenance of the affected tracts of land
at the end of the period. If the governing body determines that the association
is not ready and able to maintain the improvements, the governing body may
continue the maintenance of the improvements located on the affected tracts of
land during the next succeeding year, subject to a similar hearing and
determination in each year thereafter.
8. Any decision made by the governing body
pursuant to this section constitutes a final decision for the purpose of
judicial review.
(Added to NRS by 1997, 3010)
Vacation or Abandonment of Streets, Easements or Maps;
Reversion of Divided Land
NRS 278.479 “Contiguous” defined. As
used in NRS 278.479 to 278.4965,
inclusive, unless the context otherwise requires, “contiguous” means either
abutting directly on the boundary or separated by a street, alley, public
right-of-way, creek, river or the right-of-way of a railroad or other public
service corporation.
(Added to NRS by 1999, 784)
NRS 278.480 Vacation or abandonment of street or easement: Procedures,
prerequisites and effect; appeal; reservation of certain easements; sale of
vacated portion.
1. Except as otherwise provided in
subsections 11 and 12, any abutting owner or local government desiring the
vacation or abandonment of any street or easement owned by a city or a county,
or any portion thereof, shall file a petition in writing with the planning
commission or the governing body having jurisdiction.
2. The governing body may establish by
ordinance a procedure by which, after compliance with the requirements for
notification of public hearing set forth in this section, a vacation or
abandonment of a street or an easement may be approved in conjunction with the
approval of a tentative map pursuant to NRS 278.349.
3. A government patent easement which is
no longer required for a public purpose may be vacated by:
(a) The governing body; or
(b) The planning commission, hearing examiner or
other designee, if authorized to take final action by the governing body,
Ê without
conducting a hearing on the vacation if the applicant for the vacation obtains
the written consent of each owner of property abutting the proposed vacation
and any utility that is affected by the proposed vacation.
4. Except as otherwise provided in
subsection 3, if any right-of-way or easement required for a public purpose
that is owned by a city or a county is proposed to be vacated, the governing
body, or the planning commission, hearing examiner or other designee, if
authorized to take final action by the governing body, shall, not less than 10
business days before the public hearing described in subsection 5:
(a) Notify each owner of property abutting the
proposed abandonment. Such notice must be provided by mail pursuant to a method
that provides confirmation of delivery and does not require the signature of
the recipient.
(b) Cause a notice to be published at least once
in a newspaper of general circulation in the city or county, setting forth the
extent of the proposed abandonment and setting a date for public hearing.
5. Except as otherwise provided in
subsection 6, if, upon public hearing, the governing body, or the planning
commission, hearing examiner or other designee, if authorized to take final
action by the governing body, is satisfied that the public will not be
materially injured by the proposed vacation, it shall order the street or
easement vacated. The governing body, or the planning commission, hearing
examiner or other designee, if authorized to take final action by the governing
body, may make the order conditional, and the order becomes effective only upon
the fulfillment of the conditions prescribed. An applicant or other person
aggrieved by the decision of the planning commission, hearing examiner or other
designee may appeal the decision in accordance with the ordinance adopted
pursuant to NRS 278.3195.
6. In addition to any other applicable
requirements set forth in this section, before vacating or abandoning a street,
the governing body of the local government having jurisdiction over the street,
or the planning commission, hearing examiner or other designee, if authorized
to take final action by the governing body, shall provide each public utility
and video service provider serving the affected area with written notice that a
petition has been filed requesting the vacation or abandonment of the street.
After receiving the written notice, the public utility or video service
provider, as applicable, shall respond in writing, indicating either that the
public utility or video service provider, as applicable, does not require an
easement or that the public utility or video service provider, as applicable,
wishes to request the reservation of an easement. If a public utility or video
service provider indicates in writing that it wishes to request the reservation
of an easement, the governing body of the local government having jurisdiction
over the street that is proposed to be vacated or abandoned, or the planning
commission, hearing examiner or other designee, if authorized to take final
action by the governing body, shall reserve and convey an easement in favor of
the public utility or video service provider, as applicable, and shall ensure
that such easement is recorded in the office of the county recorder.
7. The order must be recorded in the
office of the county recorder, if all the conditions of the order have been
fulfilled, and upon the recordation, title to the street or easement reverts to
the abutting property owners in the approximate proportion that the property
was dedicated by the abutting property owners or their predecessors in
interest. In the event of a partial vacation of a street where the vacated
portion is separated from the property from which it was acquired by the
unvacated portion of it, the governing body may sell the vacated portion upon
such terms and conditions as it deems desirable and in the best interests of
the city or county. If the governing body sells the vacated portion, it shall
afford the right of first refusal to each abutting property owner as to that
part of the vacated portion which abuts his or her property, but no action may
be taken by the governing body to force the owner to purchase that portion and
that portion may not be sold to any person other than the owner if the sale
would result in a complete loss of access to a street from the abutting
property.
8. If the street was acquired by
dedication from the abutting property owners or their predecessors in interest,
no payment is required for title to the proportionate part of the street
reverted to each abutting property owner. If the street was not acquired by
dedication, the governing body may make its order conditional upon payment by
the abutting property owners for their proportionate part of the street of such
consideration as the governing body determines to be reasonable. If the
governing body determines that the vacation has a public benefit, it may apply
the benefit as an offset against a determination of reasonable consideration
which did not take into account the public benefit.
9. If an easement for light and air owned
by a city or a county is adjacent to a street vacated pursuant to the
provisions of this section, the easement is vacated upon the vacation of the street.
10. In any vacation or abandonment of any
street owned by a city or a county, or any portion thereof, the governing body,
or the planning commission, hearing examiner or other designee, if authorized
to take final action by the governing body, may reserve and except therefrom
all easements, rights or interests therein which the governing body, or the
planning commission, hearing examiner or other designee, if authorized to take
final action by the governing body, deems desirable for the use of the city or
county.
11. The governing body may establish by
local ordinance a simplified procedure for the vacation or abandonment of an
easement for a public utility owned or controlled by the governing body.
12. The governing body may establish by
local ordinance a simplified procedure for the vacation or abandonment of a
street for the purpose of conforming the legal description of real property to
a recorded map or survey of the area in which the real property is located. Any
such simplified procedure must include, without limitation, the requirements
set forth in subsection 6.
13. As used in this section:
(a) “Government patent easement” means an
easement for a public purpose owned by the governing body over land which was
conveyed by a patent.
(b) “Public utility” has the meaning ascribed to
it in NRS 360.815.
(c) “Video service provider” has the meaning
ascribed to it in NRS 711.151.
[30:110:1941; 1931 NCL § 5063.29]—(NRS A 1967, 268,
696; 1969, 588; 1973, 1830; 1975, 164; 1977, 1506; 1979, 600; 1981, 165, 580; 1987, 663; 1993, 2580; 1997, 2436; 2001, 1451, 2815, 2822; 2007, 992; 2013, 700)
NRS 278.490 Reversion of maps and reversion of division of land to acreage:
Procedure and requirements; exemption from certain requirements.
1. Except as otherwise provided in NRS 278.4925, an owner or governing body desiring to
revert any recorded subdivision map, parcel map, map of division into large
parcels, or part thereof to acreage or to revert the map or portion thereof, or
to revert more than one map if the parcels to be reverted are contiguous, shall
submit a written application accompanied by a map of the proposed reversion
which contains the same survey dimensions as the recorded map or maps to the
governing body or, if authorized by local ordinance, to the planning commission
or other authorized person. The application must describe the requested
changes.
2. At its next meeting, or within a period
of not more than 30 days after the filing of the map of reversion, whichever
occurs later, the governing body or, if authorized by local ordinance, the
planning commission or other authorized person shall review the map and
approve, conditionally approve or disapprove it.
3. Except for the provisions of this
section, NRS 278.4955, 278.496
and 278.4965 and any provision or local ordinance
relating to the payment of fees in conjunction with filing, recordation or
checking of a map of the kind offered, no other provision of NRS 278.010 to 278.630,
inclusive, applies to a map made solely for the purpose of reversion of a
former map or for reversion of any division of land to acreage.
4. Upon approval of the map of reversion,
it must be recorded in the office of the county recorder. The county recorder
shall make a written notation of the fact on each sheet of the previously
recorded map affected by the later recording, if the county recorder does not
maintain a cumulative index for such maps and amendments. If such an index is
maintained, the county recorder shall direct an appropriate entry for the
amendment.
5. A county recorder who records a map
pursuant to this section shall, within 7 working days after he or she records
the map, provide to the county assessor at no charge:
(a) A duplicate copy of the map and any
supporting documents; or
(b) Access to the digital map and any digital
supporting documents. The map and supporting documents must be in a form that
is acceptable to the county recorder and the county assessor.
[31:110:1941; 1931 NCL § 5063.30]—(NRS A 1973, 1774; 1977, 1507; 1979, 1502; 1981, 1160; 1985, 1689; 1987, 381; 1991, 1152, 1891; 1993, 580, 2581; 1997, 2437; 1999, 792; 2001, 1564; 2003, 2790)
NRS 278.4925 Merger and resubdivision of land without reversion to acreage:
Authority; procedure; delineation of remaining streets and easements; crediting
of security.
1. An owner or governing body that owns
two or more contiguous parcels may merge and resubdivide the land into new
parcels or lots without reverting the preexisting parcels to acreage pursuant
to NRS 278.490.
2. Parcels merged without reversion to
acreage pursuant to this section must be resubdivided and recorded on a final
map, parcel map or map of division into large parcels, as appropriate, in
accordance with NRS 278.320 to 278.4725, inclusive, and any applicable local
ordinances. The recording of the resubdivided parcels or lots on a final map,
parcel map or map of division into large parcels, as appropriate, constitutes
the merging of the preexisting parcels into a single parcel and the
simultaneous resubdivision of that single parcel into parcels or lots of a size
and description set forth in the final map, parcel map or map of division into
large parcels, as appropriate.
3. With respect to a merger and
resubdivision of parcels pursuant to this section, the owner or governing body
conducting the merger and resubdivision shall ensure that streets, easements
and utility easements, whether public or private, that will remain in effect
after the merger and resubdivision, are delineated clearly on the final map,
parcel map or map of division into large parcels, as appropriate, on which the
merger and resubdivision is recorded.
4. If a governing body required an owner
or governing body to post security to secure the completion of improvements to
two or more contiguous parcels and those improvements will not be completed
because of a merger and resubdivision conducted pursuant to this section, the
governing body shall credit on a pro rata basis the security posted by the
owner or governing body toward the same purposes with respect to the parcels as
merged and resubdivided.
(Added to NRS by 1999, 784)
NRS 278.4955 Requirements for submitting map of reversion.
1. The map of reversion submitted pursuant
to NRS 278.490 must contain the appropriate
certificates required by NRS 278.376 and 278.377 for the original division of the land, any
agreement entered into for a required improvement pursuant to NRS 278.380 for the original division of the land, and
the certificates required by NRS 278.496 and 278.4965. If the map includes the reversion of any
street or easement owned by a city, a county or the State, the provisions of NRS 278.480 must be followed before approval of the
map.
2. The final map of reversion must:
(a) Be prepared by a professional land surveyor
licensed pursuant to chapter 625 of NRS. The
professional land surveyor shall state in his or her certificate that the map
has been prepared from information on a recorded map or maps that are being
reverted. The professional land surveyor may state in the certificate that he
or she assumes no responsibility for the existence of the monuments or for
correctness of other information shown on or copied from the document. The
professional land surveyor shall include in the certificate information which
is sufficient to identify clearly the recorded map or maps being reverted.
(b) Be clearly and legibly drawn in black permanent
ink upon good tracing cloth or produced by the use of other materials of a
permanent nature generally used for such a purpose in the engineering
profession. Affidavits, certificates and acknowledgments must be legibly
stamped or printed upon the map with black permanent ink.
3. The size of each sheet of the final map
must be 24 by 32 inches. A marginal line must be drawn completely around each
sheet, leaving an entirely blank margin of 1 inch at the top, bottom and right
edges, and of 2 inches at the left edge along the 24-inch dimension.
4. The scale of the final map must be
large enough to show all details clearly, and enough sheets must be used to
accomplish this end.
5. The particular number of the sheet and
the total number of sheets comprising the final map must be stated on each of
the sheets, and its relation to each adjoining sheet must be clearly shown.
6. Each future conveyance of the reverted
property must contain a metes and bounds legal description of the property and
must include the name and mailing address of the person who prepared the legal
description.
(Added to NRS by 1993, 2558; A 1997, 1066, 2438; 2003, 2791)
NRS 278.496 Requirements for presenting map of reversion for recording.
1. A map of reversion presented for
recording must include a certificate signed and acknowledged, pursuant to NRS 240.166, 240.1665 or 240.167, by each person who is an owner of
the land consenting to the preparation and recordation of the map for the
purpose of reversion.
2. A governing body may by ordinance
require a map of reversion presented for recording to include:
(a) A report from a title company which lists the
names of:
(1) Each owner of record of the land; and
(2) Each holder of record of a security
interest in the land, if the security interest was created by a mortgage or a
deed of trust.
(b) The written consent of each holder of record
of a security interest listed pursuant to subparagraph (2) of paragraph (a), to
the preparation and recordation of the map of reversion. A holder of record of
a security interest may consent by signing:
(1) The map of reversion; or
(2) A separate document that is recorded
with the map of reversion and declares his or her consent to the reversion, if
the map contains a notation that a separate document has been recorded to this
effect.
3. For the purpose of this section, the
following shall be deemed not to be an interest in land:
(a) A lien for taxes or special assessments.
(b) A trust interest under a bond indenture.
(Added to NRS by 1993, 2559)
NRS 278.4965 Map of reversion must include certificate of approval from
appropriate person. A map of
reversion presented to the county recorder for recording must include a
certificate by the clerk of the governing body or the planning commission or
other authorized person stating that it approved the map.
(Added to NRS by 1993, 2559)
Parks and Playgrounds for Residential Developments
NRS 278.497 Definitions. As
used in NRS 278.497 to 278.4987,
inclusive, the words and terms defined in NRS 278.4971
to 278.4977, inclusive, have the meanings ascribed
to them in those sections, unless the context otherwise requires.
(Added to NRS by 1973, 1447; A 1975, 1564; 1977, 1508)
NRS 278.4971 “Apartment house” defined. “Apartment
house” means a building arranged in several suites of connecting rooms, each
suite designed for independent housekeeping, but with certain typical
mechanical conveniences, such as air-conditioning, heat, light or elevator
services shared in common by all families occupying the building.
(Added to NRS by 1973, 1447)
NRS 278.4973 “Mobile home” defined. “Mobile
home” has the meaning ascribed to it in NRS
461A.050.
(Added to NRS by 1973, 1447; A 1999, 1689)
NRS 278.4975 “Mobile home lot” defined. “Mobile
home lot” means any area or tract of land designated, designed or used for the
occupancy of a mobile home.
(Added to NRS by 1973, 1447)
NRS 278.4977 “Residential dwelling unit” defined. “Residential
dwelling unit” means a building or a portion of a building, planned, designed
or used as a residence for one family only, living independently of other
families or persons, and having its own bathroom and housekeeping facilities
included in the unit.
(Added to NRS by 1973, 1447)
NRS 278.4979 Governing body may by ordinance require dedication of land for
parks or playgrounds. The
governing body of a city or county may, by ordinance, require that a subdivider
of land or a developer of land for mobile home lots or an apartment house
dedicate such land areas, sites and locations for park and playground purposes
as are reasonably necessary to serve the proposed subdivision or development
and the future residents of the subdivision or development.
(Added to NRS by 1973, 1447)
NRS 278.498 Ordinance requiring dedication: Conformity to or adoption of
plan for recreation.
1. The ordinance adopted pursuant to NRS 278.4979 must, insofar as practicable, conform to
the recreation plan incorporated in the applicable master plan.
2. If no recreation plan is incorporated
in the master plan, the ordinance must, by means of accompanying maps,
diagrams, charts, descriptive matter and reports, also adopt a recreation plan.
The plan must provide for a comprehensive system of recreation areas, including
natural reservations, parks, parkways, beaches, playgrounds and other
recreation areas, as well as the location thereof, when practicable.
3. The recreation plan adopted pursuant to
subsection 1 or 2 must discuss and outline the proposed method or methods of
carrying out the acquisition, development, operation and maintenance of the
recreation facilities for which it provides.
(Added to NRS by 1973, 1448; A 1983, 1548)
NRS 278.4981 Ordinance requiring dedication: Contents.
1. The ordinance adopted pursuant to NRS 278.4979 must set forth the standards to be
applied in determining the amount of land that is required to be dedicated. The
ordinance must contain standards determining the amount, quality and location
of land that is required to be dedicated which are based upon the number and
type of dwelling units or structures, apartment houses or mobile home lots, or
any combination thereof, included in each subdivision or development and give due
consideration to the relative desirability and market value of the land that
may be included within the area of any particular proposed subdivision or
development.
2. The ordinance must, without limiting
the general powers conferred in this chapter, include the following:
(a) Provisions for the creation, in accordance
with the applicable master plan, of park districts or service areas which would
serve neighborhoods or communities of interest within the city or county.
(b) A delegation of authority to designated
departments or agencies of the city or county to select the location of the
land areas to be dedicated for park and playground purposes. The land to be
dedicated for park and playground purposes must be within the park district or
service area created pursuant to paragraph (a) in which the subdivision,
apartment house or mobile home lots are located.
(c) A provision limiting the amount of land
required to be dedicated to an amount of land having a fair market value,
determined by independent appraisal, which does not exceed the amount of any
residential construction tax which would otherwise have been collected under NRS 278.4983.
(d) A provision for the transfer of title to the dedicated
land upon the issuance of building permits and the construction of the first
unit of the subdivision or development from which the land was dedicated.
Ê The
ordinance may also contain a provision allowing an increase in the number of
dwelling units or structures, apartment houses or mobile home lots, or any
combination of them, in the subdivision equal to the number which would
otherwise have been allowed on the land dedicated for parks and playgrounds.
(Added to NRS by 1973, 1448; A 1979, 660; 1983, 1548)
NRS 278.4982 Land dedicated for park or playground: Compensation of developer
for excess; plan for development; time limited for development.
1. If the land area dedicated by any
subdivider or developer exceeds a proportionate contribution to the total park
site, taking into consideration the total residents of the subdivision or
development and residents of nearby areas reasonably expected to benefit
therefrom, the subdivider or developer making the dedication shall be compensated
at fair market value for the excess value contributed.
2. When 25 percent of the property is
developed within the subdivision or development from which the land was
dedicated, the local governing body or agency to which the dedicated land is
conveyed shall provide for planning, public hearings and the adoption of a plan
for development of the site, a schedule of that development and a plan for
financing which includes operational and maintenance costs of the park or
playground.
3. If a park or playground has not been
developed on the land dedicated for that purpose within 3 years after the date
on which 75 percent of the residential dwelling units authorized within that
subdivision or development first become occupied, title to the land reverts to
the owners of the lots in the subdivision at the time of the reversion on a pro
rata basis.
(Added to NRS by 1973, 1448; A 1979, 660; 1983, 1548)
NRS 278.4983 Residential construction tax.
1. The city council of any city or the
board of county commissioners of any county which has adopted a master plan and
recreation plan, as provided in this chapter, which includes, as a part of the
plan, future or present sites for neighborhood parks may, by ordinance, impose
a residential construction tax pursuant to this section.
2. If imposed, the residential
construction tax must be imposed on the privilege of constructing apartment
houses and residential dwelling units and developing mobile home lots in the
respective cities and counties. The rate of the tax must not exceed:
(a) With respect to the construction of apartment
houses and residential dwelling units, 1 percent of the valuation of each
building permit issued or $1,000 per residential dwelling unit, whichever is
less. For the purpose of the residential construction tax, the city council of
the city or the board of county commissioners of the county shall adopt an
ordinance basing the valuation of building permits on the actual costs of
residential construction in the area.
(b) With respect to the development of mobile
home lots, for each mobile home lot authorized by a lot development permit, 80
percent of the average residential construction tax paid per residential
dwelling unit in the respective city or county during the calendar year next
preceding the fiscal year in which the lot development permit is issued.
3. The purpose of the tax is to raise
revenue to enable the cities and counties to provide neighborhood parks and
facilities for parks which are required by the residents of those apartment
houses, mobile homes and residences.
4. An ordinance enacted pursuant to
subsection 1 must establish the procedures for collecting the tax, set its
rate, and determine the purposes for which the tax is to be used, subject to
the restrictions and standards provided in this chapter. The ordinance must,
without limiting the general powers conferred in this chapter, also include:
(a) Provisions for the creation, in accordance
with the applicable master plan, of park districts which would serve neighborhoods
within the city or county.
(b) A provision for collecting the tax at the
time of issuance of a building permit for the construction of any apartment
houses or residential dwelling units, or a lot development permit for the
development of mobile home lots.
5. All residential construction taxes
collected pursuant to the provisions of this section and any ordinance enacted
by a city council or board of county commissioners, and all interest accrued on
the money, must be placed with the city treasurer or county treasurer in a
special fund. Except as otherwise provided in subsection 6, the money in the
fund may only be used for the acquisition, improvement and expansion of
neighborhood parks or the installation of facilities in existing or neighborhood
parks in the city or county. Money in the fund must be expended for the benefit
of the neighborhood from which it was collected.
6. If a neighborhood park has not been
developed or facilities have not been installed in an existing park in the park
district created to serve the neighborhood in which the subdivision or
development is located within 3 years after the date on which 75 percent of the
residential dwelling units authorized within that subdivision or development
first became occupied, all money paid by the subdivider or developer, together
with interest at the rate at which the city or county has invested the money in
the fund, must be refunded to the owners of the lots in the subdivision or
development at the time of the reversion on a pro rata basis.
7. The limitation of time established
pursuant to subsection 6 is suspended for any period, not to exceed 1 year,
during which this State or the Federal Government takes any action to protect
the environment or an endangered species which prohibits, stops or delays the
development of a park or installation of facilities.
8. For the purposes of this section:
(a) “Facilities” means turf, trees, irrigation,
playground apparatus, playing fields, areas to be used for organized amateur
sports, play areas, picnic areas, horseshoe pits and other recreational
equipment or appurtenances designed to serve the natural persons, families and
small groups from the neighborhood from which the tax was collected.
(b) “Neighborhood park” means a site not exceeding
25 acres, designed to serve the recreational and outdoor needs of natural
persons, families and small groups.
(Added to NRS by 1973, 1449; A 1983, 1551; 1987, 1611; 1991, 299; 1999, 807, 1689)
NRS 278.4985 Applicability to planned unit developments.
1. The city council of any city or the
board of county commissioners of any county which has adopted a master plan as
provided in this chapter which includes future or present sites for parks and
playgrounds may require that:
(a) The developers of a planned unit development
dedicate land as provided by NRS 278.4979, 278.498 and 278.4981; or
(b) A residential construction tax be imposed on
the privilege of constructing planned unit developments in the manner provided
by NRS 278.4983,
Ê if the
ordinance defining and regulating planned unit developments in the particular
city or county imposes open space requirements less than those required by the
ordinance adopted pursuant to NRS 278.4981.
2. If a requirement to dedicate land or
pay a residential construction tax is imposed on the construction of a planned
unit development, the planned unit development is eligible to receive a credit
against the amount of land to be dedicated or the amount of the residential
construction tax imposed, for the amount and value of the developed open space
within the planned unit development.
(Added to NRS by 1973, 1450; A 1983, 1552)
NRS 278.4987 Provisions for dedication and residential construction tax
mutually exclusive; concurrent application prohibited.
1. The requirement for dedication of land
under NRS 278.4979, 278.498
and 278.4981 and the imposition of the residential
construction tax under NRS 278.4983, are mutually
exclusive as to any particular subdivision, apartment house, mobile home lot or
residential dwelling unit which may be benefited or affected by any such
requirement or imposition.
2. Any city council or board of county commissioners
determining to provide park or playground facilities under the provisions of NRS 278.497 to 278.4987,
inclusive, shall elect, for any one period, to follow only one of the
procedures provided in these sections.
(Added to NRS by 1973, 1450; A 1975, 1564)
Deed Restrictions for Subdivisions in Unincorporated Areas
of Certain Counties
NRS 278.563 “Construction committee” and “deed restriction” defined. As used in NRS 278.563
to 278.568, inclusive, unless a different meaning
clearly appears in the context:
1. “Construction committee” means a
committee, homeowners group or other similarly constituted body empowered by
deed restrictions to determine whether any construction, reconstruction,
alteration or use of a building or other structure on a lot subject to such
restrictions complies with the requirements of such restrictions.
2. “Deed restriction” means any recorded
deed restriction, restrictive covenant or negative servitude governing the
construction, reconstruction, alteration or use of any building or other
structure on a lot in a subdivision of land created pursuant to this chapter.
(Added to NRS by 1973, 1724)
NRS 278.564 Construction committee: Establishment and operation pursuant to
deed restrictions; officers of committee to file affidavit with building
official on annual basis; required contents of affidavit.
1. Any deed restrictions in the
unincorporated area of a county whose population is 100,000 or more but less
than 700,000, recorded after July 1, 1973, may provide for the establishment
and operation, under appropriate rules and procedure, of a construction
committee.
2. As soon as a construction committee has
been established and organized pursuant to the provisions of subsection 1, and
no later than January 1 of each year thereafter, the officers of the committee
shall file an affidavit with the building official having jurisdiction over the
area within which the subdivision is situated, identifying the committee as the
constituted construction committee empowered pursuant to recorded deed
restrictions to determine compliance with those restrictions on lots in the
subdivision. The affidavit must also set forth the names of the officers of the
committee, including the address of a particular officer designated as the
authorized representative of the committee for the purposes of NRS 278.563 to 278.568,
inclusive.
(Added to NRS by 1973, 1724; A 1979, 531; 1989, 1918; 2001, 1246; 2011, 1201)
NRS 278.565 Deed restrictions: Copy to be filed with tentative map and with
building official and presented to prospective purchaser; recording of original
copy.
1. A copy of deed restrictions proposed
for a subdivision in a county whose population is 100,000 or more but less than
700,000 must be filed with the planning commission or governing body with the
tentative map.
2. Upon final approval of the subdivision,
a copy of the restrictions must be:
(a) Filed with the building official having
jurisdiction over the area within which the subdivision is situated.
(b) Presented to each prospective purchaser of
real property within the subdivision.
3. The original copy of the restrictions
may be recorded with the county recorder immediately following the recording of
the final map.
(Added to NRS by 1973, 1724; A 1977, 1512; 1979, 531; 1985, 1690; 1989, 1918; 2001, 1246; 2011, 1201)
NRS 278.566 Written report of construction committee required before
building official may issue building permit; application for written report;
exceptions.
1. Except as provided in subsection 3, the
building official in a county whose population is 100,000 or more but less than
700,000, shall not issue any building permit for the construction,
reconstruction, alteration or use of any building or other structure on a lot
subject to deed restrictions unless the building official has received a written
report thereon from the construction committee.
2. An application for a written report
must be made by certified mail addressed to the authorized representative of
the construction committee. If the construction committee fails or refuses to
submit its written report to the building official within 20 days from the date
of its receipt of a written request therefor, the building official must
proceed as provided by law in cases where there is no functioning construction
committee.
3. This section does not apply if the cost
of the construction, reconstruction, alteration or use specified in subsection
1 is $500 or less.
(Added to NRS by 1973, 1725; A 1979, 531; 1989, 1918; 2001, 1247; 2011, 1201)
NRS 278.567 Procedure when construction committee inoperative. If the construction committee required by NRS 278.564 fails to be organized, is dissolved or
becomes inactive:
1. The building official may issue an
otherwise proper building permit for an improvement on property subject to deed
restrictions.
2. An owner or owners of real property
within a subdivision may lawfully undertake to prevent, or seek damages by
reason of, a violation of deed restrictions pertaining to such subdivision.
(Added to NRS by 1973, 1725; A 2001, 1247)
NRS 278.568 Applicability to preexisting subdivisions. NRS 278.566 and 278.567 apply to any subdivision created prior to July
1, 1973, all or a portion of the parcels of which are subject to deed
restrictions providing for the establishment and operation of a construction
committee.
(Added to NRS by 1973, 1725)
Miscellaneous Provisions
NRS 278.569 Reservation in map of right-of-way for existing irrigation ditch. Each governing body shall require by ordinance
that each:
1. Tentative map of a subdivision indicate
the location of irrigation ditches and rights-of-way and easements for
irrigation ditches.
2. Final map of a subdivision, parcel map
or final map of a division of land into large parcels reserve a right-of-way
for any existing irrigation ditch and its maintenance.
(Added to NRS by 1981, 196; A 1987, 1392)
NRS 278.5692 Approval of adjustments to boundary lines by governing body. A governing body that approves a division of
land pursuant to the provisions of NRS 278.010 to 278.630, inclusive, may approve adjustments to
boundary lines.
(Added to NRS by 1991, 1381)
NRS 278.5693 Requirements for adjustment of boundary line or transfer of land
involving adjacent property.
1. For a boundary line to be adjusted or
for land to be transferred pursuant to paragraph (c) of subsection 5 of NRS 278.461, a professional land surveyor must have
performed a field survey, set monuments and filed a record of survey pursuant
to NRS 625.340.
2. A record of survey filed pursuant to
subsection 1 must contain:
(a) A certificate by the professional land
surveyor who prepared the map stating that:
(1) He or she has performed a field survey
sufficient to locate and identify properly the proposed boundary line
adjustment;
(2) All corners and angle points of the adjusted
boundary line have been defined by monuments or will be otherwise defined on a
document of record as required by NRS
625.340; and
(3) The map is not in conflict with the
provisions of NRS 278.010 to 278.630,
inclusive.
(b) A certificate that is executed and
acknowledged by each affected owner of the abutting parcels which states that:
(1) The owner has examined the plat and
approves and authorizes the recordation thereof;
(2) The owner agrees to execute the
required documents creating any easement which is shown;
(3) The owner agrees to execute the
required documents abandoning any existing easement pursuant to the provisions
of NRS 278.010 to 278.630,
inclusive;
(4) All property taxes on the land for the
fiscal year have been paid; and
(5) Any lender with an impound account for
the payment of taxes has been notified of the adjustment of the boundary line
or the transfer of the land.
(c) A certificate by the governing body or its
designated representative approving the adjustment of the boundary line.
(Added to NRS by 1991, 1381; A 1993, 1197, 2582; 2007, 853)
NRS 278.5695 County recorder required to indicate on copy of plot, plat, map
or survey that subsequent changes should be examined. If
a county recorder maintains a cumulative index, the county recorder shall
indicate on any copy of a plot, plat, map or survey which the county recorder
provides that subsequent changes to that document should be examined and may be
determined by reference to the cumulative index.
(Added to NRS by 1987, 379)
INSPECTION OF STRUCTURES AND ENFORCEMENT OF ZONING
REGULATIONS
NRS 278.570 Building official: Purpose; appointment; compensation;
certification and continuing education; employees; expenditures.
1. The governing body of any city or
county may provide for the inspection of structures and the enforcement of the
zoning regulations and building codes by means of the withholding of building
permits. For the purpose of the inspection of structures and the enforcement of
building codes by means of the withholding of building permits, the governing
body may establish and fill a position of city or county building official, and
may fix the compensation attached to the position, or may authorize an
administrative official of the city or county to assume the functions of the
position in addition to his or her customary functions. A building official
must comply with the requirements for certification and continuing education
established pursuant to NRS 278.577.
2. The building official may appoint such
employees as the building official may deem necessary for the fulfillment of
the duties of his or her position. The appointment, promotion, demotion and
removal of such employees shall be subject to the same provisions of law as
govern other corresponding civil employees in the city or county. Except as
otherwise provided in NRS 278.577, any employee
appointed pursuant to this subsection whose duties include the reviewing of
plans or the inspection of any portion of a structure must comply with the
requirements for certification and continuing education established pursuant to
that section.
3. The expenditures of the building
official shall be within the amounts appropriated for the purpose by the
governing body which may provide the funds, equipment and accommodations
necessary for the building official’s work.
[Part 34:110:1941; 1931 NCL § 5063.33] +
[35:110:1941; 1931 NCL § 5063.34]—(NRS A 2001, 1247)
NRS 278.573 Statement of restrictions: Delivery to owner of residence who is
issued permit for construction thereon; acknowledgment of receipt; text.
1. A building official who issues a permit
to the owner of a residence to construct, alter, repair, add to, subtract from,
improve, move, wreck or demolish the residence shall, at the same time, deliver
to the owner a statement. The owner of the residence shall acknowledge in
writing receipt of the statement.
2. The statement delivered by the building
official must include the following text:
State law requires
construction to be done by licensed contractors. You have applied for a permit
under an exemption to that law. The exemption allows you, as the owner of your
property, to act as your own contractor with certain restrictions although you
do not have a license.
You must directly supervise
the construction, on the job, yourself. The building or residence must be for
your own use or occupancy. It may not be built or substantially improved for
sale or lease. If you sell or lease a building you have built or substantially
improved yourself within 1 year after the construction is complete, it is
presumed that you built or substantially improved it for sale or lease, which
is a violation of this exemption and a violation of chapter 624 of NRS.
You may not hire an
unlicensed person to act as your contractor or to supervise people working on
your building. It is your responsibility to make sure that people employed by
you have the licenses required by state law and by county or municipal
licensing ordinances. You may not delegate the responsibility for supervising
work to a contractor unless the contractor is licensed to perform the work
being done. Any person working on your building who is not licensed must work
under your direct supervision and must be employed by you, which means that you
must deduct FICA and withholding tax and provide industrial insurance and pay
the required contribution for unemployment compensation for that employee, and
comply with other state and federal laws relating to employment. Your
construction must comply with all applicable laws, ordinances, building codes
and zoning regulations.
(Added to NRS by 1997, 2697; A 2001, 1248)
NRS 278.575 Program to allow independent contractors to review plans for and
inspect buildings. The governing
body of a city or county which, pursuant to NRS 278.570,
appoints a building official may establish a program to allow independent
contractors who comply with the requirements for certification and continuing
education established pursuant to NRS 278.577 to
review plans for and inspect buildings on behalf of the building official.
(Added to NRS by 1995, 2062; A 2001, 1248)
NRS 278.577 Certain cities and counties to require certification and
continuing education for persons who act as building official, review plans or
inspect structure or building or portion thereof; exception; application in
smaller counties.
1. Except as otherwise provided in
subsection 2, in a county whose population is 100,000 or more, or in any city
located within such a county, if the city or county provides for the inspection
of structures and the enforcement of building codes pursuant to NRS 278.570, 278.573 and 278.575, the city or county shall:
(a) Prepare a list of national and international
organizations which certify persons who inspect a structure or a portion of a
structure and which are approved by the city or county, as appropriate, for
certifying persons pursuant to this subsection;
(b) Require a person who fills the position of
building official, reviews plans or inspects a structure or building or a
portion of a structure or building pursuant to NRS
278.570 or 278.575 to be certified by an
organization included on the list prepared pursuant to paragraph (a);
(c) Establish requirements for continuing
education for a person who is required to be certified pursuant to this
subsection; and
(d) Prohibit a person who is not certified or
does not fulfill the requirements for continuing education pursuant to this
subsection from filling the position of building official, reviewing plans or
inspecting a structure or building or a portion of a structure or building
pursuant to NRS 278.570 or 278.575.
2. A city or county specified in
subsection 1 may authorize an employee of the city or county to perform duties
for which certification is required pursuant to that subsection if those duties
are performed under the supervision of a person who is certified by an
organization that is included on the list prepared by the city or county
pursuant to paragraph (a) of that subsection. The city or county may authorize
an employee to perform duties pursuant to this subsection for not more than 1
year.
3. The requirements for continuing
education established pursuant to paragraph (c) of subsection 1 must:
(a) Include the completion of at least 45 hours
of continuing education every 3 years; and
(b) Specify the manner in which a person may
complete those hours.
4. In a county whose population is less
than 100,000, or in any city located within such a county, if the city or
county provides for the inspection of structures and the enforcement of
building codes pursuant to NRS 278.570, 278.573 and 278.575, the
city or county shall, by resolution, establish the requirements for certifying
and for continuing education for a person who, on a full-time basis, fills the
position of building official, reviews plans or inspects a structure or
building or a portion of a structure or building pursuant to NRS 278.570 or 278.575.
(Added to NRS by 2001, 1245)
NRS 278.580 Building codes: Adoption; fees for permits; applicability to
State and Nevada System of Higher Education; authorization of use of materials
and technologies that conserve resources in construction and use of solar or
wind energy; adoption of seismic provisions and standards.
1. Subject to the limitation set forth in NRS 244.368, the governing body of any
city or county may adopt a building code, specifying the design, soundness and
materials of structures, and may adopt rules, ordinances and regulations for
the enforcement of the building code.
2. The governing body may also fix a
reasonable schedule of fees for the issuance of building permits. A schedule of
fees so fixed does not apply to the State of Nevada or the Nevada System of
Higher Education, except that such entities may enter into a contract with the
governing body to pay such fees for the issuance of building permits, the review
of plans and the inspection of construction. Except as it may agree to in such
a contract, a governing body is not required to provide for the review of plans
or the inspection of construction with respect to a structure of the State of
Nevada or the Nevada System of Higher Education.
3. Notwithstanding any other provision of
law, the State and its political subdivisions shall comply with all zoning
regulations adopted pursuant to this chapter, except for the expansion of any
activity existing on April 23, 1971.
4. A governing body shall amend its
building codes and, if necessary, its zoning ordinances and regulations to
permit the use of:
(a) Straw or other materials and technologies
which conserve scarce natural resources or resources that are renewable in the
construction of a structure; and
(b) Systems which use solar or wind energy to
reduce the costs of energy for a structure if such systems and structures are
otherwise in compliance with applicable building codes and zoning ordinances,
including those relating to the design, location and soundness of such systems
and structures,
Ê to the
extent the local climate allows for the use of such materials, technologies,
resources and systems.
5. The amendments required by subsection 4
may address, without limitation:
(a) The inclusion of characteristics of land and
structures that are most appropriate for the construction and use of systems
using solar and wind energy.
(b) The recognition of any impediments to the
development of systems using solar and wind energy.
(c) The preparation of design standards for the
construction, conversion or rehabilitation of new and existing systems using
solar and wind energy.
6. A governing body shall amend its
building codes to include:
(a) The seismic provisions of the International
Building Code published by the International Code Council; and
(b) Standards for the investigation of hazards
relating to seismic activity, including, without limitation, potential surface
ruptures and liquefaction.
[Part 34:110:1941; 1931 NCL § 5063.33]—(NRS A 1959,
500; 1971, 957; 1975, 226; 1993, 2583; 1995, 710, 1925; 1999, 1064; 2003, 1895; 2005, 1823; 2007, 3098)
NRS 278.581 Adoption, enforcement and application of construction and energy
codes in county whose population is 100,000 or more. In
each county whose population is 100,000 or more:
1. If the governing body of the county or
any city in the county has adopted a building code, each such governing body
shall, as part of its building code, adopt construction codes and energy codes
that regulate:
(a) The design of energy efficient residential,
commercial and industrial structures; and
(b) The installation of energy efficient
mechanical, lighting and power systems in such structures.
2. If the governing body of the county or
any city in the county has not adopted a building code, each such governing
body shall:
(a) By ordinance, adopt the codes described in
subsection 1; and
(b) Provide for the enforcement of such codes by
the officers or employees of the county or city or by the officers or employees
of another local government pursuant to an interlocal agreement.
3. The codes described in subsection 1
must:
(a) Be adopted and become effective not later
than January 1, 2002; and
(b) Be applied to each new residential,
commercial and industrial structure on which construction begins on or after
the date on which the codes become effective.
(Added to NRS by 2001, 2531)
NRS 278.582 Minimal standards for plumbing fixtures in certain structures.
1. Each county and city shall include in
its respective building code the requirements of this section. If a county or
city has no building code, it shall adopt those requirements by ordinance and
provide for their enforcement by its own officers or employees or through
interlocal agreement by the officers or employees of another local government.
Additionally, each county and city shall prohibit by ordinance the sale and
installation of any plumbing fixture which does not meet the standards made
applicable for the respective county or city pursuant to this section.
2. Except as otherwise provided in
subsections 3 and 4, each residential, commercial or industrial structure on
which construction begins on or after March 1, 1992, and each existing
residential, commercial or industrial structure which is expanded or renovated
on or after March 1, 1992, must incorporate the following minimal standards for
plumbing fixtures:
(a) A toilet which uses water must not be
installed unless its consumption of water does not exceed 3.5 gallons of water
per flush.
(b) A shower apparatus which uses more than 3
gallons of water per minute must not be installed unless it is equipped with a
device to reduce water consumption to 3 gallons of water or less per minute.
(c) Each faucet installed in a lavatory or
kitchen must not allow water to flow at a rate greater than 3 gallons per
minute.
(d) A urinal which continually flows or flushes
water must not be installed.
3. Except as otherwise provided in
subsection 4, each residential, commercial or industrial structure on which
construction begins on or after March 1, 1993, and each existing residential,
commercial or industrial structure which is expanded or renovated on or after March
1, 1993, must incorporate the following minimal standards for plumbing
fixtures:
(a) A toilet which uses water must not be
installed unless its consumption of water does not exceed 1.6 gallons of water
per flush.
(b) A shower apparatus which uses more than 2.5
gallons of water per minute must not be installed unless it is equipped with a
device to reduce water consumption to 2.5 gallons of water or less per minute.
(c) A urinal which uses water must not be
installed unless its consumption of water does not exceed 1 gallon of water per
flush.
(d) A toilet or urinal which employs a timing
device or other mechanism to flush periodically, irrespective of demand, must
not be installed.
(e) A urinal which continually flows or flushes
water must not be installed.
(f) Each faucet installed in a lavatory or
kitchen must not allow water to flow at a rate greater than 2.5 gallons per
minute.
(g) Each faucet installed in a public restroom
must contain a mechanism which closes the faucet automatically after a
predetermined amount of water has flowed through the faucet. Multiple faucets
that are activated from a single point must not be installed.
4. The requirements of this section for
the installation of certain plumbing fixtures do not apply to any portion of an
existing residential, commercial or industrial structure which is not being
expanded or renovated.
(Added to NRS by 1991, 1166)
NRS 278.583 National Electrical Code: Applicability; approval; modification.
1. After January 1, 1974, any
construction, alteration or change in the use of a building or other structure
in this State by any person, firm, association or corporation, whether public
or private, must be in compliance with the technical provisions of the National
Electrical Code of the National Fire Protection Association in the form
most recently approved by the governing body of the city or county in which the
building or other structure is located. The governing body of each city or
county shall review each edition of the National Electrical Code that is
published by the National Fire Protection Association after the 1996 edition to
ensure its suitability for that city or county. Each new edition of the code
shall be deemed approved by the governing body of each city or county unless
the edition is disapproved by that governing body within 60 days after the date
of publication by the National Fire Protection Association.
2. Any city or county within the State may
adopt such modifications of the code as are deemed reasonably necessary, if
such modifications do not reduce the standards established in the code.
(Added to NRS by 1973, 1140; A 1975, 1196; 1985, 373; 1997, 2483)
NRS 278.585 Compliance with appropriate city or county building code. Except as otherwise provided in NRS 393.110, all persons and political
subdivisions shall comply with the appropriate city or county building code.
(Added to NRS by 1973, 912; A 1985, 24; 2009, 511)
NRS 278.587 Duty of city or county building official to notify State Board
of Professional Engineers and Land Surveyors concerning submission of
incomplete or rejected plans. A
city or county building official shall notify the State Board of Professional
Engineers and Land Surveyors in writing if a licensed professional engineer or
land surveyor:
1. Submits plans that are substantially
incomplete; or
2. Submits plans for the same project that
are rejected by the department at least three times.
(Added to NRS by 1997, 155; A 2001, 1248)
NRS 278.589 Duty of city or county building official to notify State Board
of Architecture, Interior Design and Residential Design concerning submission
of incomplete or rejected plans. A
city or county building official shall notify the State Board of Architecture,
Interior Design and Residential Design in writing if a registered architect,
interior designer or residential designer:
1. Submits plans for a project which are
substantially incomplete; or
2. Submits plans for the same project
which are rejected by the city or county building official at least three
times.
(Added to NRS by 1997, 1408; A 2001, 1248)
UNLAWFUL ACTS AND PENALTIES
NRS 278.590 Unlawful sale or transfer of divided land; penalties; remedies.
1. It is unlawful for any person to
contract to sell, to sell or to transfer any subdivision or any part thereof,
or land divided pursuant to a parcel map or map of division into large parcels,
unless:
(a) The required map thereof, in full compliance
with the appropriate provisions of NRS 278.010 to 278.630, inclusive, and any local ordinance, has been
recorded in the office of the recorder of each county in which the subdivision
or land divided is located; or
(b) The person is contractually obligated to
record the required map before title is transferred or possession is delivered,
whichever is earlier, as provided in paragraph (a).
2. A person who violates the provisions of
subsection 1 is guilty of a misdemeanor and is liable for a civil penalty of
not more than $300 for each lot or parcel sold or transferred.
3. This section does not bar any legal,
equitable or summary remedy to which any aggrieved municipality or other
political subdivision, or any person, may otherwise be entitled, and any such
municipality or other political subdivision or person may file suit in the
district court of the county in which any property attempted to be divided or
sold in violation of any provision of NRS 278.010
to 278.630, inclusive, is located to restrain or
enjoin any attempted or proposed division or transfer in violation of those
sections.
[20:110:1941; A 1947, 834; 1943 NCL § 5063.19]—(NRS A
1967, 546; 1973, 1339; 1975, 1567; 1977, 1512; 1979, 1361, 1502, 1714; 1993, 2583; 1999, 1635; 2003, 976; 2013, 3227)
NRS 278.600 Unlawful recording of map by recorder: Penalty. Any county recorder who records a map contrary
to the provisions of NRS 278.010 to 278.630, inclusive, or of any local ordinance adopted
pursuant thereto is guilty of a misdemeanor.
[33:110:1941; 1931 NCL § 5063.32]—(NRS A 1993, 2583; 2003, 977)
NRS 278.610 Unlawful to erect, construct, reconstruct, alter or change use
of structure without building permit; requirements for obtaining permit.
1. After a building official is appointed
pursuant to NRS 278.570, it is unlawful to erect,
construct, reconstruct, alter or change the use of any building or other
structure within the territory covered by the building code or zoning
regulations without obtaining a building permit from the building official.
2. The building official shall not issue
any permit unless the plans of and for the proposed erection, construction,
reconstruction, alteration or use fully:
(a) Conform to all building code and zoning
regulations then in effect.
(b) If applicable, comply with the provisions of NRS 393.110.
3. A building official shall not issue a
building permit to a person acting for another unless the applicant proves to
the satisfaction of the building official that he or she is licensed as a
contractor for that work pursuant to the provisions of chapter 624 of NRS.
[Part 34:110:1941; 1931 NCL § 5063.33]—(NRS A 1993, 2412; 1997, 2698; 1999, 2853, 2967; 2001, 213, 1249)
NRS 278.630 Violation of provisions concerning maps: County assessor to
determine and report discrepancies and not place on tax roll or maps any land
for which discrepancy exists; investigation; prosecution.
1. When there is no final map, parcel map
or map of division into large parcels as required by the provisions of NRS 278.010 to 278.630,
inclusive, then the county assessor shall:
(a) Determine any apparent discrepancies with
respect to the provisions of NRS 278.010 to 278.630, inclusive;
(b) Report his or her determinations to the
governing body of the county or city in which such apparent violation occurs in
writing, including, without limitation, by noting such determinations in the
appropriate parcel record of the county assessor; and
(c) Not place on the tax roll or maps of the
county assessor any land for which the county assessor has determined that a
discrepancy exists with respect to the provisions of NRS
278.010 to 278.630, inclusive.
2. Upon receipt of the report, the
governing body shall cause an investigation to be made by the district
attorney’s office when such lands are within an unincorporated area, or by the
city attorney when such lands are within a city, the county recorder and any
planning commission having jurisdiction over the lands in question.
3. If the report shows evidence of
violation of the provisions of NRS 278.010 to 278.630, inclusive, with respect to the division of
lands or upon the filing of a verified complaint by any municipality or other political
subdivision or person, firm or corporation with respect to violation of the
provisions of those sections, the district attorney of each county in this
State shall prosecute all such violations in respective counties in which the
violations occur.
[32.1:110:1941; added 1947, 834; 1943 NCL §
5063.31a]—(NRS A 1963, 662; 1973, 1340; 1975, 1567; 1979, 1503, 1716; 1993, 2584; 2001, 1565; 2013, 3227)
IMPOSITION OF PLANS AND ZONING REGULATIONS BY GOVERNOR
NRS 278.640 Applicability of NRS 278.640 to 278.675,
inclusive. If after July 1, 1975,
there is any land lying within the boundaries of any county of this State which
has not been made subject to a comprehensive land use plan pursuant to NRS 278.150, and zoning regulations pursuant to the
provisions of NRS 278.010 to 278.630,
inclusive, the provisions of NRS 278.640 to 278.675, inclusive, apply to the extent and in the
manner indicated therein.
(Added to NRS by 1973, 841)
NRS 278.645 Imposition by Governor of plans and zoning regulations in
absence of local action; extension of time for local action.
1. Upon being advised that there is any
such land as is identified in NRS 278.640, lying
within the boundaries of any county of this State, the Governor shall confirm
the fact.
2. Thereafter, the Governor may prescribe,
may amend and shall thereafter administer comprehensive land use plans and
zoning regulations for such land.
3. The Governor may grant a reasonable
extension of time, if any governing body has under consideration on July 1,
1975, a comprehensive land use plan and zoning regulation, and if there is
evidence of satisfactory progress toward the final enactment of such plan and
ordinance.
(Added to NRS by 1973, 842)
NRS 278.650 Requirements of plans and zoning regulations; enforcement;
hearings.
1. Any comprehensive land use plan
prescribed or amended by the Governor, pursuant to NRS
278.645, shall be in accordance with the standards provided in NRS 278.655, and the notice and hearing requirements
provided in NRS 278.210.
2. Any zoning regulations prescribed or
amended by the Governor pursuant to NRS 278.645
shall be in accordance with the standards provided in NRS
278.250 and the notice and hearing requirements provided in NRS 278.260.
3. A comprehensive land use plan or zoning
regulation prescribed or amended by the Governor pursuant to NRS 278.645 may be effected for any purpose provided
in NRS 278.010 to 278.630,
inclusive. The Governor may cause to be instituted an appropriate proceeding to
enjoin the construction of buildings or performance of any other acts which
would constitute a land use that does not conform to the applicable land use
plan or zoning regulation.
4. Any hearings required by this section
may be held by the Governor or by a person or agency designated by the
Governor, and all such hearings shall be held in the county seat of the county
in which the comprehensive land use plan or zoning regulation is to be
prescribed.
(Added to NRS by 1973, 842)
NRS 278.655 Purposes and goals of comprehensive physical planning.
1. Comprehensive physical planning shall
to the extent feasible:
(a) Provide guidance for physical development
within the State responsive to economic development, human resource
development, natural resource development and regional and metropolitan area
development;
(b) Assist in the attainment of the optimum
living environment for the residents of this State and assure sound housing,
employment opportunities, educational fulfillment and sound health facilities;
(c) Relate to intermediate and long-range growth
objectives; and
(d) Set a pattern upon which state agencies and
local government may base their programs and local area plans.
2. Goals for comprehensive physical
planning are:
(a) To preserve the quality of the air and water
resources of the State.
(b) To conserve open space and protect natural
and scenic resources.
(c) To provide for the recreational needs of
citizens of the State and visitors.
(d) To conserve prime farm lands for the
production of crops and provide for an orderly and efficient transition from
rural to urban land use.
(e) To protect life and property in areas subject
to floods, landslides and other natural disasters.
(f) To provide and encourage a safe, convenient
and economic transportation system including all modes of transportation such
as air, water, rail, highway and mass transit, and recognizing differences in
the social costs in the various modes of transportation.
(g) To develop a timely, orderly and efficient
arrangement of public facilities and services to serve as a framework for urban
and rural development.
(h) To diversify and improve the economy of the
State.
(i) To ensure that the development of properties
within the State is commensurate with the character and the physical
limitations of the land.
(j) To take into account the immediate and
long-range financial impact of the application of particular land to particular
kinds of development, and the relative suitability of such land for such
development.
(Added to NRS by 1973, 842)
NRS 278.660 Notice to Governor of proposed building construction.
1. As used in this section, “building”
means a structure having one or more walls or columns, with or without a roof,
which is designed to protect persons, animals or property from the elements.
2. When a building valued at $300 or more
is proposed to be erected on land subject to zoning regulations prescribed by
the Governor, the person so proposing shall give written notice to the Governor
10 days before construction is scheduled to commence.
3. The notice shall provide information
concerning location, construction dates, value of building materials and
intended use of the building. It shall be accompanied by a sketch and
elevations of the building.
4. If the land is subject to local building
regulations, the person otherwise authorized by law to issue the building
permit shall give the notice required by subsection 2.
(Added to NRS by 1973, 843)
NRS 278.665 Governor may contract for appropriate services. The Governor may enter into contracts for such
services as the Governor considers appropriate for carrying out his or her land
use planning and zoning duties.
(Added to NRS by 1973, 843)
NRS 278.670 Duration of plans and zoning regulations imposed by Governor. Any comprehensive land use plan and zoning
regulation promulgated by the Governor, as provided by NRS
278.640 to 278.675, inclusive, shall remain in
effect until a county or city governing body adopts its own comprehensive land
use plan and zoning ordinance.
(Added to NRS by 1973, 843)
NRS 278.675 Power of Governor to institute civil actions to remedy
violations. In addition to the
remedy prescribed in subsection 3 of NRS 278.650,
the Governor may cause to be instituted any civil action or suit the Governor
considers appropriate to remedy violations of any comprehensive land use plan
or zoning regulation prescribed by the Governor pursuant to NRS 278.640 and 278.645.
(Added to NRS by 1973, 843)
TAX FOR IMPROVEMENT OF TRANSPORTATION
NRS 278.710 Imposition of tax on privilege of development; special election;
rate of tax; collection of tax; use of revenue; applicability of chapter
278B of NRS.
1. A board of county commissioners may by
ordinance, but not as in a case of emergency, impose a tax for the improvement
of transportation on the privilege of new residential, commercial, industrial
and other development pursuant to paragraph (a) or (b) as follows:
(a) After receiving the approval of a majority of
the registered voters of the county voting on the question at a special
election or the next primary or general election, the board of county
commissioners may impose the tax throughout the county, including any such
development in incorporated cities in the county. A county may combine this
question with a question submitted pursuant to NRS 244.3351, 371.045 or 377A.020, or any combination thereof.
(b) After receiving the approval of a majority of
the registered voters who reside within the boundaries of a transportation
district created pursuant to NRS 244A.252,
voting on the question at a special or general district election or primary or
general state election, the board of county commissioners may impose the tax
within the boundaries of the district. A county may combine this question with
a question submitted pursuant to NRS
244.3351.
2. A special election may be held only if
the board of county commissioners determines, by a unanimous vote, that an
emergency exists. The determination made by the board of county commissioners
is conclusive unless it is shown that the board acted with fraud or a gross
abuse of discretion. An action to challenge the determination made by the board
must be commenced within 15 days after the board’s determination is final. As
used in this subsection, “emergency” means any unexpected occurrence or
combination of occurrences which requires immediate action by the board of
county commissioners to prevent or mitigate a substantial financial loss to the
county or to enable the board of county commissioners to provide an essential
service to the residents of the county.
3. The tax imposed pursuant to this
section must be at such a rate and based on such criteria and classifications
as the board of county commissioners determines to be appropriate. Each such
determination is conclusive unless it constitutes an arbitrary and capricious abuse
of discretion, but the tax imposed must not:
(a) For any fiscal year beginning:
(1) Before July 1, 2003, exceed $500;
(2) On or after July 1, 2003, and before
July 1, 2005, exceed $650;
(3) On or after July 1, 2005, and before
July 1, 2010, exceed $700;
(4) On or after July 1, 2010, and before
July 1, 2015, exceed $800;
(5) On or after July 1, 2015, and before
July 1, 2020, exceed $900; or
(6) On or after July 1, 2020, exceed
$1,000,
Ê per
single-family dwelling unit of new residential development, or the equivalent
thereof as determined by the board of county commissioners; or
(b) For any fiscal year beginning:
(1) Before July 1, 2003, $0.50;
(2) On or after July 1, 2003, and before
July 1, 2005, exceed $0.65;
(3) On or after July 1, 2005, and before
July 1, 2010, exceed $0.75;
(4) On or after July 1, 2010, and before
July 1, 2015, exceed $0.80;
(5) On or after July 1, 2015, and before
July 1, 2020, exceed $0.90; or
(6) On or after July 1, 2020, exceed
$1.00,
Ê per square
foot on other new development.
4. If so provided in an ordinance adopted
pursuant to this section, a newly developed lot for a mobile home must be
considered a single-family dwelling unit of new residential development.
5. The tax imposed pursuant to this section
must be collected before the time a certificate of occupancy for a building or
other structure constituting new development is issued, or at such other time
as is specified in the ordinance imposing the tax. If so provided in the
ordinance, no certificate of occupancy may be issued by any local government
unless proof of payment of the tax is filed with the person authorized to issue
the certificate of occupancy. Collection of the tax imposed pursuant to this
section must not commence earlier than the first day of the second calendar
month after adoption of the ordinance imposing the tax.
6. In a county in which a tax has been
imposed pursuant to paragraph (a) of subsection 1, the revenue derived from the
tax must be used exclusively to pay the cost of:
(a) Projects related to the construction and
maintenance of sidewalks, streets, avenues, boulevards, highways and other
public rights-of-way used primarily for vehicular traffic, including, without
limitation, overpass projects, street projects and underpass projects, as
defined in NRS 244A.037, 244A.053 and 244A.055, respectively:
(1) Within the boundaries of the county;
(2) Within 1 mile outside the boundaries
of the county if the board of county commissioners finds that such projects
outside the boundaries of the county will facilitate transportation within the
county; or
(3) Within 30 miles outside the boundaries
of the county and the boundaries of this State, where those boundaries are
coterminous, if:
(I) The projects consist of
improvements to a highway which is located wholly or partially outside the
boundaries of this State and which connects this State to an interstate
highway; and
(II) The board of county
commissioners finds that such projects will provide a significant economic
benefit to the county;
(b) The principal and interest on notes, bonds or
other obligations incurred to fund projects described in paragraph (a); or
(c) Any combination of those uses.
7. In a transportation district in which a
tax has been imposed pursuant to paragraph (b) of subsection 1, the revenue derived
from the tax must be used exclusively to pay the cost of:
(a) Projects related to the construction and
maintenance of sidewalks, streets, avenues, boulevards, highways and other
public rights-of-way used primarily for vehicular traffic, including, without
limitation, overpass projects, street projects and underpass projects, as
defined in NRS 244A.037, 244A.053 and 244A.055, respectively, within the
boundaries of the district or within such a distance outside those boundaries
as is stated in the ordinance imposing the tax, if the board of county commissioners
finds that such projects outside the boundaries of the district will facilitate
transportation within the district;
(b) The principal and interest on notes, bonds or
other obligations incurred to fund projects described in paragraph (a); or
(c) Any combination of those uses.
8. The county may expend the proceeds of
the tax authorized by this section, or any borrowing in anticipation of the
tax, pursuant to an interlocal agreement between the county and the regional
transportation commission of the county with respect to the projects to be
financed with the proceeds of the tax.
9. The provisions of chapter 278B of NRS and any action taken
pursuant to that chapter do not limit or in any other way apply to any tax
imposed pursuant to this section.
(Added to NRS by 1991, 33; A 1993, 1046, 2780, 2822; 1999, 1671; 2001, 1666; 2003, 956)
SOUTHERN NEVADA ENTERPRISE COMMUNITY PROJECTS ACCOUNT
NRS 278.750 Creation and administration; credit of interest and income;
expenditure.
1. The Southern Nevada Enterprise Community
Projects Account is hereby created in the State General Fund. The interest and
income earned on the money in the Account, after deducting any applicable
charges, must be credited to the Account.
2. The Southern Nevada Enterprise
Community Board shall administer the Account and may accept gifts, grants and
other money for deposit in the Account.
3. The money in the Account may only be
used to fund projects in the Southern Nevada Enterprise Community and is hereby
authorized for expenditure as a continuing appropriation for this purpose.
(Added to NRS by 2009, 2758;
A 2011, 444)
1973 NEVADA TAHOE REGIONAL PLANNING AGENCY
Findings and Declaration of Policy
NRS 278.780 Legislative findings and declaration. The
Legislature finds and declares that:
1. The waters of Lake Tahoe and other
resources of the Lake Tahoe region are threatened with deterioration or
degeneration, which may endanger the natural beauty and economic productivity
of the region.
2. By virtue of the special conditions and
circumstances of the natural ecology, developmental pattern, population
distribution and human needs in the Lake Tahoe region, the region is
experiencing problems of resource use and deficiencies of environmental
control.
3. There is a need to maintain an
equilibrium between the region’s natural endowment and its artificially created
environment, and to preserve the scenic beauty and recreational opportunities
of the region.
4. For the purpose of enhancing the
efficiency and governmental effectiveness of the region, it is imperative that
there be established an areawide planning agency with power to exercise
effective environmental controls and to perform other essential functions.
5. It is not the intent of NRS 278.780 to 278.828,
inclusive, to rezone areas subject to the provisions of those sections.
6. Every application referred to the
agency created by NRS 278.780 to 278.828, inclusive, must be considered individually as
to its effect on the facilities necessary for people and traffic and whether or
not the granting of such application would exceed the capacity of the
environment to tolerate development in those particular areas under the
jurisdiction of the agency.
(Added to NRS by 1973, 1382; A 1979, 432)
General Provisions
NRS 278.782 Definitions. As
used in NRS 278.780 to 278.828,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 278.784 to 278.791,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1973, 1382; A 1979, 433; 2011, 3732;
2013, 2367)
NRS 278.784 “Agency” defined. “Agency”
means the Nevada Tahoe Regional Planning Agency.
(Added to NRS by 1973, 1382)
NRS 278.786 “Governing body” defined. “Governing
body” means the governing body of the Agency.
(Added to NRS by 1973, 1382)
NRS 278.788 “Planning commission” defined. “Planning
commission” means the advisory planning commission.
(Added to NRS by 1973, 1382)
NRS 278.790 “Region” defined. “Region”
includes Lake Tahoe and the adjacent parts of Carson City and the counties of
Douglas and Washoe lying within the Tahoe Basin in the State of Nevada. The
region defined and described in this section shall be precisely delineated on
official maps of the agency.
(Added to NRS by 1973, 1383)
NRS 278.791 “Restricted gaming license” defined. “Restricted
gaming license” means a license to operate not more than 15 slot machines for
which a quarterly fee is charged pursuant to NRS
463.373.
(Added to NRS by 1979, 433)
Organization
NRS 278.792 Nevada Tahoe Regional Planning Agency: Creation; composition of
governing body. [Effective until the proclamation by the Governor of this State
of the withdrawal by the State of California from the Tahoe Regional Planning
Compact or of a finding by the Governor of this State that the Tahoe Regional
Planning Agency has become unable to perform its duties or exercise its
powers.]
1. The Nevada Tahoe Regional Planning
Agency is hereby created as a separate legal entity.
2. The governing body of the Agency shall
consist of the Nevada members of the Tahoe Regional Planning Agency created by
the Tahoe Regional Planning Compact.
(Added to NRS by 1973, 1383)
NRS 278.792 Nevada Tahoe Regional
Planning Agency: Creation; composition, appointment and interests of governing
body. [Effective upon the proclamation by the Governor of this State of the
withdrawal by the State of California from the Tahoe Regional Planning Compact
or of a finding by the Governor of this State that the Tahoe Regional Planning
Agency has become unable to perform its duties or exercise its powers.]
1. The Nevada Tahoe Regional Planning
Agency is hereby created as a separate legal entity.
2. The governing body of the Agency
consists of:
(a) One member appointed by each of the boards of
county commissioners of Douglas and Washoe counties and one member appointed by
the Board of Supervisors of Carson City. Any such member may be a member of the
board of county commissioners or Board of Supervisors, respectively, and must
reside in the territorial jurisdiction of the governmental body making the
appointment.
(b) One member appointed by the Governor of
Nevada, the Secretary of State of Nevada or a designee of the Secretary of
State, and the Director of the State Department of Conservation and Natural
Resources of Nevada or a designee of the Director. A member who is appointed or
designated pursuant to this paragraph must not be a resident of the region and
shall represent the public at large within the State of Nevada.
(c) One member appointed for a 1-year term by the
six other members. If at least four members are unable to agree upon the
selection of a seventh member within 30 days after this section becomes
effective or the occurrence of a vacancy, the Governor shall make the
appointment. The member appointed pursuant to this paragraph may but is not
required to be a resident of the region.
3. If any appointing authority fails to
make an appointment within 30 days after the effective date of this section or
the occurrence of a vacancy on the governing body, the Governor shall make the
appointment.
4. The position of any member of the
governing body shall be deemed vacant if the member is absent from three
consecutive meetings of the governing body in any calendar year.
5. Each member and employee of the Agency
shall disclose his or her economic interests in the region within 10 days after
taking the seat on the governing body or being employed by the Agency and shall
thereafter disclose any further economic interest which he or she acquires, as
soon as feasible after acquiring it. As used in this section, “economic
interest” means:
(a) Any business entity operating in the region
in which the member has a direct or indirect investment worth more than $1,000;
(b) Any real property located in the region in
which the member has a direct or indirect interest worth more than $1,000;
(c) Any source of income attributable to
activities in the region, other than loans by or deposits with a commercial
lending institution in the regular course of business, aggregating $250 or more
in value received by or promised to the member within the preceding 12 months;
or
(d) Any business entity operating in the region
in which the member is a director, officer, partner, trustee, employee or holds
any position of management.
Ê No member or
employee of the Agency may make or attempt to influence an Agency decision in
which the member or employee knows or has reason to know he or she has a
financial interest. Members and employees of the Agency must disqualify
themselves from making or participating in the making of any decision of the
Agency when it is reasonably foreseeable that the decision will have a material
financial effect, distinguishable from its effect on the public generally, on
the economic interest of the member or employee.
(Added to NRS by 1973, 1383; A 1979, 1127,
effective upon proclamation by the Governor of this State of the withdrawal by
the State of California from the Tahoe Regional Planning Compact or of a
finding by the Governor of this State that the Tahoe Regional Planning Agency
has become unable to perform its duties or exercise its powers; A 2011, 3732,
3739; 2013, 2367)
NRS 278.794 Terms of office of members of governing body. [Effective until
the proclamation by the Governor of this State of the withdrawal by the State
of California from the Tahoe Regional Planning Compact or of a finding by the
Governor of this State that the Tahoe Regional Planning Agency has become
unable to perform its duties or exercise its powers.] The
terms of office of the members of the governing body shall coincide with the
terms of office of such persons as members of the Tahoe Regional Planning
Agency.
(Added to NRS by 1973, 1383)
NRS 278.794 Terms of office of
members of governing body; review of appointments. [Effective upon the
proclamation by the Governor of this State of the withdrawal by the State of
California from the Tahoe Regional Planning Compact or of a finding by the
Governor of this State that the Tahoe Regional Planning Agency has become
unable to perform its duties or exercise its powers.] The
terms of office of the members of the governing body, other than the member
appointed by the other members, are at the pleasure of the appointing authority
in each case, but each appointment must be reviewed no less often than every 4
years.
(Added to NRS by 1973, 1383; A 1979, 1128,
effective upon proclamation by the Governor of this State of the withdrawal by
the State of California from the Tahoe Regional Planning Compact or of a
finding by the Governor of this State that the Tahoe Regional Planning Agency
has become unable to perform its duties or exercise its powers; A 2011, 3733,
3739; 2013, 2367)
NRS 278.796 Vacancies. The
position of a member of the governing body is vacated upon the loss of any of
the qualifications required for his or her appointment, and the appointing
authority shall appoint a successor.
(Added to NRS by 1973, 1383)
NRS 278.798 Expenses of members and agency. The
members of the Agency shall serve without compensation, but are entitled to
receive the per diem expense allowances and travel expenses provided by law for
city, county and state employees, respectively. All other expenses incurred by
the governing body in the course of exercising the powers conferred upon it by NRS 278.780 to 278.828,
inclusive, unless met in some other manner specifically provided, shall be paid
by the Agency out of its own funds.
(Added to NRS by 1973, 1383)
NRS 278.800 Officers: Election; terms; vacancies. The
governing body shall elect from its own members a chair and vice chair, whose
terms of office shall be 2 years, and who may be reelected. If a vacancy occurs
in either office, the governing body may fill such vacancy for the unexpired
term.
(Added to NRS by 1973, 1383)
NRS 278.802 Meetings.
1. The governing body of the Agency shall
meet at the call of the chair or on the request of any two members. All
meetings shall be open to the public to the extent required by the law
applicable to local governments at the time such meeting is held.
2. Notice of any meeting so called shall
be given by publishing the date, place and agenda at least 5 days prior to the
meeting in a newspaper or combination of newspapers whose circulation is
general throughout the region and in Carson City and in each county a portion
of whose territory lies within the region.
(Added to NRS by 1973, 1383)
NRS 278.804 Quorum; voting; rules of procedure.
1. A majority of the members of the
governing body constitute a quorum for the transaction of the business of the
Agency. A majority vote of the members present shall be required to take action
with respect to any matter. The vote of each member of the governing body shall
be individually recorded.
2. The governing body may in other
respects adopt its own rules of procedure.
(Added to NRS by 1973, 1383)
NRS 278.806 Office; records; budget.
1. The Agency shall establish and maintain
an office within the State. The Agency may rent property and equipment. Every
plan, ordinance and other record of the Agency which is of such nature as to
constitute a public record under the law of the State of Nevada shall be open
to inspection and copying during regular office hours.
2. The Agency shall be deemed to be a
local government for the purposes of the Local Government Budget and Finance
Act.
(Added to NRS by 1973, 1383; A 2001, 1821)
NRS 278.807 Account for the Nevada Tahoe Regional Planning Agency.
Repealed. (See chapter 424, Statutes of Nevada 2013, at page 2367.)
NRS 278.808 Advisory planning commission: Appointment; composition.
[Effective until the proclamation by the Governor of this State of the
withdrawal by the State of California from the Tahoe Regional Planning Compact
or of a finding by the Governor of this State that the Tahoe Regional Planning
Agency has become unable to perform its duties or exercise its powers.] The Agency shall appoint an advisory planning
commission to serve in an advisory capacity to the Agency. The planning
commission shall include:
1. The chief planning officers of Carson
City and the counties of Douglas and Washoe;
2. The county health officer of Douglas
County or a designee of the county health officer;
3. The county health officer of Washoe
County or a designee of the county health officer;
4. The Administrator of the Division of
Environmental Protection of the State Department of Conservation and Natural
Resources or a designee of the Administrator;
5. The Executive Officer of the Nevada
Tahoe Regional Planning Agency, who shall act as chair; and
6. At least two lay members, each of whom
shall be a resident of the region.
(Added to NRS by 1973, 1383, 1406; A 1977, 1123)
NRS 278.808 Advisory planning
commission: Appointment; composition; terms; vacancies; quorum. [Effective upon
the proclamation by the Governor of this State of the withdrawal by the State
of California from the Tahoe Regional Planning Compact or of a finding by the
Governor of this State that the Tahoe Regional Planning Agency has become
unable to perform its duties or exercise its powers.]
1. The Agency shall appoint an advisory
planning commission to serve in an advisory capacity to the Agency. The
planning commission must include:
(a) The chief planning officers of Carson City
and the counties of Douglas and Washoe;
(b) The Chief of the Bureau of Environmental
Health of the Division of Public and Behavioral Health of the Department of
Health and Human Services;
(c) The Director of the State Department of
Conservation and Natural Resources;
(d) The Executive Officer of the Nevada Tahoe
Regional Planning Agency, who shall act as chair; and
(e) At least two lay members, each of whom must
be a resident of the region.
Ê Any official
member may designate a substitute.
2. The term of office of each lay member
of the advisory planning commission is 2 years. Members may be reappointed.
3. The position of each member of the
advisory planning commission shall be considered vacated upon loss of any of
the qualifications required for appointment, and in that event the appointing
authority shall appoint a successor.
4. A majority of the members of the
advisory planning commission shall constitute a quorum for the transaction of
the business of the commission. A majority vote of the quorum present shall be
required to take action with respect to any matter.
(Added to NRS by 1973, 1383, 1406; A 1977, 1123; 1979, 1129,
effective upon the proclamation by the Governor of this State of the withdrawal
by the State of California from the Tahoe Regional Planning Compact or of a
finding by the Governor of this State that the Tahoe Regional Planning Agency
has become unable to perform its duties or exercise its powers; A 2011, 3739;
2013, 2367)
NRS 278.810 Executive Officer; staff; attorney.
1. The governing body may determine the
qualifications of and appoint an Executive Officer for the Agency and may,
within the limits of available funds, fix the salary of the Executive Officer.
The governing body may also, within the limits of available funds, employ such
other staff as may be necessary to execute the powers and functions provided
for under NRS 278.780 to 278.828,
inclusive, or in accordance with any intergovernmental contracts or agreements
which the Agency may be responsible for administering.
2. The Agency is a public employer for the
purposes of chapter 286 of NRS, and a public
agency for the purposes of chapter 287 of
NRS.
3. The Attorney General may, upon request,
act as the attorney for the Agency. If the Attorney General chooses not to
represent the Agency, the Agency may employ legal counsel to act as its
attorney.
(Added to NRS by 1973, 1384; A 1983, 748; 1985, 267)
Planning
NRS 278.8111 Regional plan: Adoption and review; contents. [Effective upon
the proclamation by the Governor of this State of the withdrawal by the State
of California from the Tahoe Regional Planning Compact or of a finding by the
Governor of this State that the Tahoe Regional Planning Agency has become
unable to perform its duties or exercise its powers.] The
governing body shall adopt a regional plan. After adoption, the planning
commission and governing body shall continuously review and maintain the
regional plan. The regional plan must consist of a diagram or diagrams and text
or texts setting forth the projects and proposals for implementation of the
regional plan, a description of the needs and goals of the region and a
statement of the policies, standards and elements of the regional plan.
(Added to NRS by 1979, 1130,
effective upon the proclamation by the Governor of this State of the withdrawal
by the State of California from the Tahoe Regional Planning Compact or of a
finding by the Governor of this State that the Tahoe Regional Planning Agency
has become unable to perform its duties or exercise its powers; A 2011, 3739;
2013, 2367)
NRS 278.8113 Regional plan: Public hearings by planning commission in
preparing plan and amendments; action by governing body. [Effective upon the
proclamation by the Governor of this State of the withdrawal by the State of
California from the Tahoe Regional Planning Compact or of a finding by the
Governor of this State that the Tahoe Regional Planning Agency has become
unable to perform its duties or exercise its powers.]
1. In preparing the regional plan and each
amendment thereto, if any, subsequent to its adoption, the planning commission
after due notice shall hold at least one public hearing, which may be continued
from time to time, and shall review the testimony and any written
recommendations presented at such hearing before recommending the plan or
amendment. The notice required by this subsection must be given at least 20
days prior to the public hearing by publication at least once in a newspaper or
combination of newspapers whose circulation is general throughout the region
and in each county or city a portion of whose territory lies within the region.
2. The planning commission shall then
recommend such plan or amendment to the governing body for adoption by
ordinance. The governing body may adopt, modify or reject the proposed plan or
amendment, or may initiate and adopt a plan or amendment without referring it
to the planning commission. If the governing body initiates or substantially
modifies a plan or amendment, it shall hold at least one public hearing thereon
after due notice as required in subsection 1.
3. If a request is made for the amendment
of the regional plan by:
(a) A political subdivision a part of whose
territory would be affected by such amendment; or
(b) The owner or lessee of real property which
would be affected by such amendment,
Ê the
governing body shall complete its action on such amendment within 180 days
after the request is accepted as complete according to standards which must be
prescribed by ordinance of the Agency.
(Added to NRS by 1979, 1130,
effective upon the proclamation by the Governor of this State of the withdrawal
by the State of California from the Tahoe Regional Planning Compact or of a
finding by the Governor of this State that the Tahoe Regional Planning Agency
has become unable to perform its duties or exercise its powers; A 2011, 3739;
2013, 2367)
NRS 278.8115 Regional plan: Correlated elements. [Effective upon the
proclamation by the Governor of this State of the withdrawal by the State of
California from the Tahoe Regional Planning Compact or of a finding by the
Governor of this State that the Tahoe Regional Planning Agency has become
unable to perform its duties or exercise its powers.] The
regional plan must include the following correlated elements:
1. A land-use plan for the integrated
arrangement and general location and extent of, and the criteria and standards
for, the uses of land, water, air, space and other natural resources within the
region, including but not limited to, an indication or allocation of maximum
population densities and permitted uses.
2. A transportation plan for the
integrated development of a regional system of transportation, including but
not limited to freeways, parkways, highways, transportation facilities, transit
routes, waterways, navigation and aviation aids and facilities, and appurtenant
terminals and facilities for the movement of people and goods within the
region.
3. A conservation plan for the
preservation, development, utilization and management of the scenic and other
natural resources within the basin, including but not limited to soils,
shoreline and submerged lands, scenic corridors along transportation routes,
open spaces, recreational and historical facilities.
4. A recreation plan for the development,
utilization and management of the recreational resources of the region,
including but not limited to wilderness and forested lands, parks and parkways,
riding and hiking trails, beaches and playgrounds, marinas, areas for skiing
and other recreational facilities.
5. A public services and facilities plan
for the general location, scale and provision of public services and facilities
which, by the nature of their function, size, extent and other characteristics,
are necessary or appropriate for inclusion in the regional plan.
(Added to NRS by 1979, 1130,
effective upon the proclamation by the Governor of this State of the withdrawal
by the State of California from the Tahoe Regional Planning Compact or of a
finding by the Governor of this State that the Tahoe Regional Planning Agency
has become unable to perform its duties or exercise its powers; A 2011, 3739;
2013, 2367)
NRS 278.8117 Regional plan: Formulation, maintenance, realization and
administration. [Effective upon the proclamation by the Governor of this State
of the withdrawal by the State of California from the Tahoe Regional Planning
Compact or of a finding by the Governor of this State that the Tahoe Regional
Planning Agency has become unable to perform its duties or exercise its
powers.]
1. In formulating and maintaining the
regional plan, the planning commission and governing body shall take account of
and shall seek to harmonize the needs of the region as a whole, the plans of
the counties and cities within the region, the plans and planning activities of
the state, federal and other public agencies and nongovernmental agencies and
organizations which affect, or are concerned with planning and development
within, the region.
2. Where necessary for the realization of
the regional plan, the Agency may engage in collaborative planning with local
and regional governmental jurisdictions located outside the region but
contiguous to its boundaries.
3. In formulating the regional plan and
putting it into effect, the Agency shall seek the cooperation and consider the
recommendations of counties and cities and other agencies of local government,
of state and federal agencies, of educational institutions and research
organizations, whether public or private, and of civic groups and private
persons.
(Added to NRS by 1979, 1131,
effective upon the proclamation by the Governor of this State of the withdrawal
by the State of California from the Tahoe Regional Planning Compact or of a
finding by the Governor of this State that the Tahoe Regional Planning Agency
has become unable to perform its duties or exercise its powers; A 2011, 3739;
2013, 2367)
NRS 278.8119 Maintenance and availability of data, maps and other
information; assistance in exchanges of property. [Effective upon the
proclamation by the Governor of this State of the withdrawal by the State of
California from the Tahoe Regional Planning Compact or of a finding by the
Governor of this State that the Tahoe Regional Planning Agency has become
unable to perform its duties or exercise its powers.]
1. The Agency shall maintain the data,
maps and other information developed in the course of formulating and
administering the regional plan in a form suitable to assure a consistent view
of developmental trends and other relevant information for the availability of
and use by other agencies of government and by private organizations and
persons concerned.
2. The Agency shall cooperate with owners
of unimproved real estate within the basin in order to perfect exchanges of
their property for unimproved real property owned by the United States outside
the basin. The Agency shall maintain a current list of real property owned by
the United States and known to be available for exchange, and it shall
participate in negotiations between the United States and the other owners to
perfect exchanges of property.
(Added to NRS by 1979, 1131,
effective upon the proclamation by the Governor of this State of the withdrawal
by the State of California from the Tahoe Regional Planning Compact or of a
finding by the Governor of this State that the Tahoe Regional Planning Agency
has become unable to perform its duties or exercise its powers; A 2011, 3739;
2013, 2367)
Agency’s Powers
NRS 278.812 Review of applications approved by local authorities. [Effective
until the proclamation by the Governor of this State of the withdrawal by the
State of California from the Tahoe Regional Planning Compact or of a finding by
the Governor of this State that the Tahoe Regional Planning Agency has become
unable to perform its duties or exercise its powers.]
1. When an application for approval of the
development or construction of a business or recreational establishment subject
to the provisions of NRS 278.780 to 278.828, inclusive, has been submitted to the
appropriate local authority, and the local authority has made its final
determination of approval, the application shall be referred forthwith to the
Agency for review as to environmental impact and effect. The Agency shall
consider each application on an individual basis and shall, by resolution,
either approve, approve with conditions or disapprove each application within
30 days plus notice and publication time as provided in subsection 3. A
resolution adopted by the Agency approving the application shall be required
before the applicant may proceed with such development or construction.
2. The governing body shall adopt all
necessary ordinances, rules, regulations and policies for the determination of
environmental impact and effect, for the approval or disapproval of individual
applications and for otherwise implementing the provisions of NRS 278.780 to 278.828,
inclusive. Such ordinances, rules, regulations and policies shall include but
need not be limited to criteria for determining the effect of each proposal
upon the availability of services, public facilities and natural resources, and
the capacity of the environment to tolerate additional development.
3. Whenever an application is referred to
the Agency for review, the Agency shall take final action upon whether to
approve, to require modification or to reject such application within 30 days
after such application is delivered to the Agency, plus the 5-day notice and
publication period required by subsection 2 of NRS
278.802. If the Agency does not take final action within such 30-day period
plus notice and publication time, the application shall be deemed approved.
4. Except as otherwise provided in NRS 278.780 to 278.828,
inclusive, Agency procedures shall be subject to the provisions of chapter 233B of NRS.
(Added to NRS by 1973, 1384; R 1979, 1133; 2011, 3739;
2013, 2367,
effective upon the proclamation by the Governor of this State of the withdrawal
by the State of California from the Tahoe Regional Planning Compact or of a
finding by the Governor of this State that the Tahoe Regional Planning Agency
has become unable to perform its duties or exercise its powers)
NRS 278.8121 Review and approval of public works. [Effective upon the
proclamation by the Governor of this State of the withdrawal by the State of
California from the Tahoe Regional Planning Compact or of a finding by the
Governor of this State that the Tahoe Regional Planning Agency has become
unable to perform its duties or exercise its powers.]
1. Every public works project proposed to
be constructed within the region must be submitted to the Agency for its review
and recommendation as to conformity with the regional plan.
2. Except as provided in subsection 3, a
public works project must not be constructed unless it has been approved by the
Agency.
3. If the public works project is proposed
and is to be constructed by a department of this State, the Agency shall submit
its recommendations to the executive head of the department and to the Governor,
but the project may be constructed as approved by the executive head of the
department.
(Added to NRS by 1979, 1132,
effective upon the proclamation by the Governor of this State of the withdrawal
by the State of California from the Tahoe Regional Planning Compact or of a
finding by the Governor of this State that the Tahoe Regional Planning Agency
has become unable to perform its duties or exercise its powers; A 2011, 3739;
2013, 2367)
NRS 278.8123 Review and approval of proposals by Agency: Time limitations.
[Effective upon the proclamation by the Governor of this State of the
withdrawal by the State of California from the Tahoe Regional Planning Compact
or of a finding by the Governor of this State that the Tahoe Regional Planning
Agency has become unable to perform its duties or exercise its powers.]
1. Whenever, under the provisions of NRS 278.8121 or any ordinance, rule, regulation or
policy of the Agency, the Agency is required to review or approve any proposal,
public or private, the Agency shall take final action upon whether to approve,
to require modification or to reject the proposal within 90 days after the
proposal is delivered to the Agency in compliance with the Agency’s regulations
concerning such delivery unless the applicant has agreed to an extension of
this time limit. If the Agency does not take final action within 90 days, the
proposal shall be deemed rejected.
2. Approval by the Agency of any proposed
construction or use expires 3 years after the date of final action by the
Agency unless construction is begun within that time and diligently pursued
thereafter or the use has commenced. In computing the 3-year period, any period
of time during which the proposed construction or use is the subject of a legal
action must not be counted.
(Added to NRS by 1979, 1132,
effective upon the proclamation by the Governor of this State of the withdrawal
by the State of California from the Tahoe Regional Planning Compact or of a
finding by the Governor of this State that the Tahoe Regional Planning Agency
has become unable to perform its duties or exercise its powers; A 2011, 3739;
2013, 2367)
NRS 278.8125 Permitted and conforming uses.
1. Subject to the final order of any court
of competent jurisdiction entered in litigation contesting the validity of an
approval by the Tahoe Regional Planning Agency, whether that approval was
affirmative or by default, if that litigation was pending on January 1, 1979,
the Agency shall recognize as a permitted and conforming use:
(a) Every structure housing gaming under a
nonrestricted license which existed as a licensed gaming establishment on
January 1, 1979, or whose construction was approved by the Tahoe Regional
Planning Agency affirmatively or by default before that date. The Agency shall
not permit the construction of any structure to house gaming under a
nonrestricted license not so existing or approved, or the enlargement in cubic
volume of any such existing or approved structure.
(b) Every other nonrestricted gaming
establishment whose use was seasonal and whose license was issued before
January 1, 1979, for the same season and for the number and type of games and
slot machines on which taxes or fees were paid in the calendar year 1978.
(c) Gaming conducted pursuant to a restricted
gaming license issued before January 1, 1979, to the extent permitted by that
license on that date.
Ê The area
within any structure housing gaming under a nonrestricted license which may be
open to public use (as distinct from that devoted to the private use of guests
and exclusive of any parking area) is limited to the area existing or approved
for public use on May 4, 1979. Within these limits, any external modification
of the structure which requires a permit from a local government also requires
approval from the Agency. The Agency shall not permit restaurants, convention
facilities, showrooms or other public areas to be constructed elsewhere in the region
outside the structure in order to replace areas existing or approved for public
use on May 4, 1979.
2. Any structure housing licensed gaming
may be rebuilt or replaced to a size not to exceed the cubic volume and land
coverage existing or approved on May 4, 1979.
(Added to NRS by 1979, 433)
NRS 278.8127 Exemption from and intendment of NRS 278.8125.
1. Gaming conducted pursuant to a
restricted gaming license is exempt from the provisions of NRS 278.8125 if it is incidental to the primary use
of the premises.
2. The provisions of NRS 278.8125 are intended only to limit gaming and
related activities as conducted within a gaming establishment, or construction
designed to permit the enlargement of such activities, and not to limit any
other use of property zoned for commercial use or the accommodation of
tourists.
(Added to NRS by 1979, 434)
NRS 278.813 Ordinances, rules and regulations; general and regional
standards. [Effective upon the proclamation by the Governor of this State of
the withdrawal by the State of California from the Tahoe Regional Planning
Compact or of a finding by the Governor of this State that the Tahoe Regional
Planning Agency has become unable to perform its duties or exercise its
powers.]
1. The governing body shall adopt all
necessary ordinances, rules, regulations and policies to effectuate the adopted
regional plan. Every such ordinance, rule or regulation must establish a
minimum standard applicable throughout the region, and any political
subdivision may adopt and enforce an equal or higher standard applicable to the
same subject of regulation in its territory.
2. The regulations must contain general,
regional standards, including but not limited to the following:
(a) Water purity and clarity;
(b) Subdivision;
(c) Zoning;
(d) Tree removal;
(e) Disposal of solid waste;
(f) Sewage disposal;
(g) Land fills, excavations, cuts and grading;
(h) Piers, harbors, breakwaters, channels and
other shoreline developments;
(i) Waste disposal in shoreline areas;
(j) Waste disposal from boats;
(k) Mobile home parks;
(l) House relocation;
(m) Outdoor advertising;
(n) Protection of floodplains;
(o) Protection of soil and control of
sedimentation;
(p) Air pollution; and
(q) Watershed protection.
3. Whenever possible without diminishing
the effectiveness of the regional plan, the ordinances, rules, regulations and
policies shall be confined to matters which are general and regional in
application, leaving to the jurisdiction of the respective counties and cities
the enactment of specific and local ordinances, rules, regulations and policies
which conform to the regional plan.
(Added to NRS by 1979, 1132,
effective upon the proclamation by the Governor of this State of the withdrawal
by the State of California from the Tahoe Regional Planning Compact or of a
finding by the Governor of this State that the Tahoe Regional Planning Agency
has become unable to perform its duties or exercise its powers; A 2011, 3739;
2013, 2367)
NRS 278.814 Ordinances: Publication by title; copies transmitted to
political subdivisions within region.
1. Every ordinance adopted by the Agency
shall be published at least once by title in a newspaper or combination of
newspapers whose circulation is general throughout the region.
2. Immediately after its adoption, a copy
of each ordinance shall be transmitted to the governing body of each political
subdivision having territory within the region.
(Added to NRS by 1973, 1385)
NRS 278.816 Enforcement of ordinances, rules, regulations and policies;
jurisdiction of courts. All
ordinances, rules, regulations and policies adopted by the Agency shall be
enforced by the Agency and by Carson City and the counties. The appropriate
courts of this State, each within its limits of territory and subject matter
provided by law, are vested with jurisdiction over civil actions to which the
Agency is a party and criminal actions for violations of its ordinances, rules
and regulations.
(Added to NRS by 1973, 1385)
NRS 278.818 Violation of ordinance, rule or regulation: Penalty. Violation of any ordinance, rule and
regulation of the Agency is a misdemeanor.
(Added to NRS by 1973, 1385)
NRS 278.820 Fees for services of Agency. [Effective until the proclamation
by the Governor of this State of the withdrawal by the State of California from
the Tahoe Regional Planning Compact or of a finding by the Governor of this
State that the Tahoe Regional Planning Agency has become unable to perform its
duties or exercise its powers.] The
Agency may fix and collect reasonable fees for any services rendered by it.
(Added to NRS by 1973, 1385; A 1979, 617)
NRS 278.820 Financial powers and
duties of Agency. [Effective upon the proclamation by the Governor of this
State of the withdrawal by the State of California from the Tahoe Regional
Planning Compact or of a finding by the Governor of this State that the Tahoe
Regional Planning Agency has become unable to perform its duties or exercise
its powers.]
1. The Agency may fix and collect
reasonable fees for any services rendered by it.
2. On or before December 30 of each
calendar year the Agency shall establish the amount of money necessary to
support its activities for the next succeeding fiscal year commencing July 1 of
the following year. The Agency shall apportion not more than $75,000 of this
amount among the counties within the region on the same ratio to the total sum
required as the full cash valuation of taxable property within the region in
each county bears to the total full cash valuation of taxable property within
the region. Each county shall pay such sum from its general fund or from any
other money available therefor.
3. The Agency is strictly accountable to
each county in the region for all money paid by it to the Agency and is
strictly accountable to all participating bodies for all receipts and
disbursements.
(Added to NRS by 1973, 1385; A 1979, 617, 1129,
effective upon the proclamation by the Governor of this State of the withdrawal
by the State of California from the Tahoe Regional Planning Compact or of a
finding by the Governor of this State that the Tahoe Regional Planning Agency
has become unable to perform its duties or exercise its powers; A 2011, 3739;
2013, 2367)
NRS 278.822 Powers of local authorities subordinate to those of Agency. In the region of this State for which there
has been created by NRS 278.780 to 278.828, inclusive, a Regional Planning Agency, the
powers conferred by this chapter upon any other authority with respect to the
business and recreational establishments subject to the provisions of NRS 278.780 to 278.828,
inclusive, are subordinate to the powers of such Regional Planning Agency, and
may be exercised only to the extent that their exercise does not conflict with
any ordinance, rule, regulation or policy adopted by such Regional Planning
Agency.
(Added to NRS by 1973, 1385)
NRS 278.824 Limitations on powers of Agency. [Effective until the
proclamation by the Governor of this State of the withdrawal by the State of
California from the Tahoe Regional Planning Compact or of a finding by the
Governor of this State that the Tahoe Regional Planning Agency has become
unable to perform its duties or exercise its powers.] The
Nevada Tahoe Regional Planning Agency shall exercise authority, powers and
functions within the region pursuant to NRS 278.780
to 278.828, inclusive:
1. Only with respect to business and
recreational establishments which are required by law to be individually
licensed by the State of Nevada, whether or not any such business or
establishment was so licensed prior to April 30, 1973, or is to be constructed
on land which was so zoned or designated in a finally adopted master plan on
February 5, 1968, as to permit the construction of any such business or
establishment; and
2. Only with respect to authority, powers
and functions which are not granted to the Tahoe Regional Planning Agency by
the Tahoe Regional Planning Compact or which are excluded, excepted or limited,
wholly or partially, from the authority, powers and functions granted to the
Tahoe Regional Planning Agency by such Compact.
(Added to NRS by 1973, 1385; R 1979, 1133; 2011, 3739;
2013, 2367,
effective upon the proclamation by the Governor of this State of the withdrawal
by the State of California from the Tahoe Regional Planning Compact or of a
finding by the Governor of this State that the Tahoe Regional Planning Agency
has become unable to perform its duties or exercise its powers)
NRS 278.826 Assumption of powers and duties by Agency. [Effective upon the
proclamation by the Governor of this State of the withdrawal by the State of
California from the Tahoe Regional Planning Compact or of a finding by the
Governor of this State that the Tahoe Regional Planning Agency has become
unable to perform its duties or exercise its powers.]
1. If at any time the State of California
or the State of Nevada withdraws from the Tahoe Regional Planning Compact, the
Nevada Tahoe Regional Planning Agency shall perform all duties and exercise all
powers provided in NRS 278.780 to 278.828, inclusive.
2. Upon receiving a notice of withdrawal
or determining as a fact that the Tahoe Regional Planning Agency has become
unable to perform its duties or exercise its powers, the Governor shall
proclaim publicly the withdrawal or finding.
(Added to NRS by 1973, 1386; A 1979, 1129; 2011, 3739;
2013, 2366,
2367, effective
upon the proclamation by the Governor of this State of the withdrawal of the
State of California from the Tahoe Regional Planning Compact or of a finding by
the Governor of this State that the Tahoe Regional Planning Agency has become
unable to perform its duties or exercise its powers; A 2013, 3838)
Unlawful Acts
NRS 278.828 Unlawful contract or purchase by member of governing body;
penalties.
1. It is unlawful for any member of the
governing body of the Agency to be interested, directly or indirectly, in any
contract made by that member, or be a purchaser or be interested, directly or
indirectly, in any purchase of a sale made by that member in the discharge of
his or her official duties.
2. All contracts made in violation of
subsection 1 may be declared void at the instance of the Agency, or of any
other party interested in such contract, except the member prohibited from
making or being interested in such contract.
3. Any person who violates the provisions
of this section is guilty of a gross misdemeanor and shall forfeit his or her
office.
(Added to NRS by 1973, 1385)
