Nrs: Chapter 278 - Planning And Zoning

Link to law: https://www.leg.state.nv.us/NRS/NRS-278.html
Published: 2015

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[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)