2005 Nevada Revised Statutes - Chapter 278 — Planning and Zoning

CHAPTER 278 - PLANNING AND ZONING

GENERAL PROVISIONS

NRS 278.010 Definitions.

NRS 278.0105 Affordablehousing defined.

NRS 278.0107 Averageresidential density defined.

NRS 278.011 Buildingcode defined.

NRS 278.0115 Buildingofficial defined.

NRS 278.012 Citiesand counties defined.

NRS 278.0125 Citysurveyor defined.

NRS 278.013 Commissionor planning commission defined.

NRS 278.0135 Common-interestcommunity defined.

NRS 278.014 Countysurveyor defined.

NRS 278.0145 Finalmap defined.

NRS 278.0147 Gamingenterprise district defined.

NRS 278.015 Governingbody defined.

NRS 278.0155 Improvementdefined.

NRS 278.0157 Infrastructureor public facilities defined.

NRS 278.016 Localordinance defined.

NRS 278.0165 Lotdefined.

NRS 278.0167 Mobilehome park defined.

NRS 278.017 Parcelmap defined.

NRS 278.0172 Regionalplanning coalition defined.

NRS 278.0174 Residentialdwelling unit defined.

NRS 278.0175 Right-of-waydefined.

NRS 278.0177 Ruralpreservation neighborhood defined.

NRS 278.018 Streetsdefined.

NRS 278.0185 Subdividerdefined.

NRS 278.019 Tentativemap defined.

NRS 278.0193 Usedfor residential purposes defined.

NRS 278.0195 Utilityproject defined.

NRS 278.020 Regulationby governing bodies of improvement of land and location of structures forgeneral welfare.

NRS 278.0201 Agreementwith governing body concerning development of land: Applicability ofordinances, resolutions and regulations adopted after agreement made;restrictions on subsequent action by governing body.

NRS 278.0203 Agreementwith governing body concerning development of land: Approval by ordinance;recording.

NRS 278.0205 Agreementwith governing body concerning development of land: Amendment or cancellation;review of development by governing body; notice; approval of amendment; filingand recording of amendment.

NRS 278.0207 Agreementwith governing body concerning development of land: Recording of certified copyof ordinance adopting agreement.

NRS 278.0208 Restrictionson use of system for obtaining solar or wind energy prohibited.

NRS 278.02081 Mandatoryconsideration of certain standards and guidelines if governing body establishescommittee or task force on sustainable energy.

NRS 278.02083 Prohibitionof restriction on right of owner to display United States flag on realproperty; limitations.

NRS 278.02085 Amateurradio: Limitations on restrictions on amateur service communications;limitations on regulation of station antenna structures; exception.

NRS 278.0209 Factory-builthousing: Inclusion in definition of single-family residence; standards forsafety and development; installation prohibited under certain circumstances.

NRS 278.02095 Manufacturedhomes: Inclusion in definition of single-family residence; governing body toadopt standards for placement outside mobile home park; surrender ofcertificate of ownership of certain manufactured homes to Manufactured HousingDivision; limitations.

NRS 278.021 Residentialfacilities for groups, homes for individual residential care and halfway housesfor recovering alcohol and drug abusers: Inclusion in definition ofsingle-family residence; Health Division to compile and maintain registry;location in larger counties.

NRS 278.0213 Obstructionof outdoor advertising structures by certain improvement projects; governingbody required to take certain actions; authorized actions to comply withapplicable laws, statutes, agreements and ordinances governing regulation ofoutdoor advertising structures; city or county may implement provisions ofsection; applicability of provisions of section.

NRS 278.0215 Nonconformingoutdoor advertising structures: City or county to pay just compensation orauthorize relocation if requires removal or prohibits routine maintenance;exceptions; required removal of structure pursuant to amortization scheduleprohibited; city or county to hold public hearing in certain circumstances;appeal of amount of just compensation.

NRS 278.0217 Certaindocuments to be retained by governing body or other entity that causes noticesof hearing to be provided.

NRS 278.022 Restrictionof adult motion picture theaters and bookstores: Declaration of legislativeintent.

NRS 278.0221 Restrictionof adult motion picture theaters and bookstores: Definitions.

NRS 278.0222 Restrictionof adult motion picture theaters and bookstores: Power of governing body torestrict location to specific districts.

NRS 278.0226 Preparationof annual plan for capital improvements; contents of plan.

NRS 278.023 Enactmentof separate zoning and planning ordinances for specific parts of territories.

NRS 278.0231 Requirementto place street address or identifying number on exterior of certain buildings.

NRS 278.02313 Maintenance,reconstruction and repair of sidewalks: Circumstances under which governingbody may compel action by owner of property.

NRS 278.02317 Governingbody may not require dedication of real property as condition for issuance ofbuilding permit; exceptions.

NRS 278.0232 Closureor conversion of mobile home park: Report required to be filed with planningcommission or governing body.

NRS 278.02325 Conversionof existing mobile home park into individually owned lots: Restrictionsgoverning body, commission or board may not impose as condition of approval.

NRS 278.0233 Actionsagainst agency: Conditions and limitations.

NRS 278.0235 Actionsagainst agency: Commencement.

NRS 278.0237 Actionsagainst agency: Defenses; attorneys fees, court costs and interest; remedycumulative.

RED ROCK CANYON

NRS 278.0239 Supremacyof limits upon development established by Red Rock Canyon Conservation Area andAdjacent Lands Act.

REGIONAL PLANNING AGENCIES

NRS 278.024 Powersof Nevada Tahoe Regional Planning Agency. [Effective upon proclamation byGovernor of withdrawal of California from Tahoe Regional Planning Compact or ofhis finding that the Tahoe Regional Planning Agency has become unable to performits duties or exercise its powers.]

NRS 278.025 Powersof regional planning agency created by interstate compact.

REGIONAL PLANNING IN COUNTIES WHOSE POPULATION IS 400,000 ORMORE

General Provisions

NRS 278.02507 Applicability.

NRS 278.02514 Regionalplanning coalition: Establishment.

 

Comprehensive Regional Policy Planning

NRS 278.02521 Legislativeintent.

NRS 278.02528 Regionalplanning coalition to develop comprehensive regional policy plan; consultation;contents of plan; adoption or amendment of plan.

NRS 278.02535 Regionalplanning coalition: Study and development of incentives for certain types ofdevelopment.

NRS 278.02542 Powersof regional planning coalition; establishment of definition of term project ofregional significance.

NRS 278.02549 Certainpublic entities to submit plans to regional planning coalition for review;certain public entities to ensure consistency of land use plans and decisionswith comprehensive regional policy plan and certified plans.

NRS 278.02556 Certainpublic entities prohibited from adopting or amending certain plans after March1, 2001, unless regional planning coalition afforded opportunity to makerecommendations; exception.

NRS 278.02563 Regionalplanning coalition to annually prepare, adopt and submit budget to localgovernments in region.

NRS 278.0257 Regionalplanning coalition authorized to employ persons and contract for services tocarry out certain duties.

NRS 278.02577 Regionalplanning coalition to biennially review plans of public entities forconformance with comprehensive regional policy plan; procedure if nonconformanceexists; determination of substantial conformance; certification; grants.

 

Integrated, Long-Range Planning for Land Use, Transportation and AirQuality

NRS 278.02584 Regionalplanning coalition to cooperate with local air pollution control board andregional transportation commission for consistency of action and to carry outprogram of integrated, long-range planning; public hearings; preparation and submissionof report.

 

Extension of Infrastructure to Undeveloped Areas

NRS 278.02591 Analysisby governing body of cost to construct infrastructure in undeveloped area:Establishment; contents; approval; provision to regional planning coalition.

NRS 278.02598 Governingbody authorized to negotiate master development agreements to carry out planfor infrastructure.

REGIONAL PLANNING IN COUNTIES WHOSE POPULATION IS 100,000 ORMORE BUT LESS THAN 400,000

NRS 278.026 Definitions.

NRS 278.0261 Declarationof legislative intent.

NRS 278.0262 Regionalplanning commission: Creation; membership; chairman; compensation; training.

NRS 278.0263 Regionalplanning commission: Request for assistance.

NRS 278.02632 Regionalplanning commission: Study and development of incentives for certain types ofdevelopment.

NRS 278.0264 Governingboard for regional planning: Creation; membership; chairman; compensation;operational needs; authority to sue and be sued; budget.

NRS 278.0265 Governingboard for regional planning: Adoption of regulations; prescription of trainingfor members of regional planning commission; fees for services provided; entryinto cooperative agreements and interlocal agreements.

NRS 278.0266 Directorof regional planning: Appointment; qualifications; powers and duties.

NRS 278.0268 Appointmentof subcommittees and advisory committees.

NRS 278.0272 Development,review and amendment of regional plan; public hearings required.

NRS 278.0274 Contentsof regional plan.

NRS 278.0276 Adoptionof regional plan.

NRS 278.0277 Projectof regional significance: Adoption of guidelines and procedures for review ofproposal.

NRS 278.0278 Projectof regional significance: Finding of conformance with adopted regional planrequired before final approval and commencement of construction; appeal ofdetermination to governing board.

NRS 278.02784 Jointplanning area: Designation in regional plan; master plan required for area.

NRS 278.02786 Jointplanning area: Procedure for recommendation and adoption of master plan.

NRS 278.02788 Adoptionof master plan for sphere of influence; appeal of decision concerning use ofland within sphere of influence.

NRS 278.028 Reviewand amendment of existing master plan, facilities plan or other similar plan;objection filed with regional planning commission; appeal of finaldetermination to board.

NRS 278.0282 Reviewof proposed adoption or amendment of master plan, facilities plan or othersimilar plan; objection filed with regional planning commission; appeal offinal determination to board.

NRS 278.0284 Conformityof local ordinances and regulations to master plan.

NRS 278.0286 Annualreport by local planning commission; local government to file informationrelating to proposed actions concerning regional plan.

NRS 278.0288 Exemptedregion.

NRS 278.029 Facilitiesplan not required.

PLANNING COMMISSIONS

NRS 278.030 Creationby 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 Chairman:Election; term.

NRS 278.070 Employees;consultants.

NRS 278.080 Expenditures.

NRS 278.090 Regionalplanning commission: Creation; selection of representatives of governingbodies.

NRS 278.100 Regionalplanning commission: Members; terms; membership on city or county planningcommission not public office; compensation; removal; vacancies.

NRS 278.110 Regionalplanning commission: Chairman; employees.

NRS 278.120 Regionalplanning commission: Appropriation of money for expenses.

NRS 278.130 Regionalplanning commission: Performance of duties and functions of city or countyplanning commission; regional or intergovernmental decisions.

NRS 278.140 Regionalplanning districts: Formation and functions.

NRS 278.145 Reportof location of utility project.

NRS 278.147 Facilitiesfor use, manufacture, processing, transfer or storage of explosives or certainother substances; conditional use permit required for operation; applicationfor and issuance of conditional use permit.

NRS 278.150 Masterplan: Preparation and adoption by planning commission; adoption by governingbody of city or county.

NRS 278.160 Subjectmatter of master plan.

NRS 278.170 Coordinationof master plans; adoption of all or parts.

NRS 278.180 Schoolsites: Commission to notify school boards of preparation of plans for communityand public buildings.

NRS 278.185 Noticeof plan for future construction of school.

NRS 278.190 Commissionto promote public interest in master plan: Powers.

NRS 278.200 Formof master plan.

NRS 278.210 Adoptionof master plan and amendments by commission: Notice; hearing; neighborhoodmeeting; resolution; frequency of certain amendments; attested copies;certification by electronic means.

NRS 278.220 Adoptionof master plan by governing body: Notice; hearing; procedure for changes inplan.

NRS 278.225 Governingbody may establish by ordinance procedure for adopting minor amendments tomaster plan; public hearing and notice required before adoption of ordinance.

NRS 278.230 Governingbody to put adopted master plan into effect.

NRS 278.240 Approvalrequired for certain dedications, closures, abandonments, construction orauthorizations.

NRS 278.243 Cityor county authorized to represent own interests in certain matters if governingbody has adopted master plan.

NRS 278.246 Cityor county authorized to enter into certain actions if governing body hasadopted master plan.

NRS 278.250 Zoningdistricts and regulations.

NRS 278.260 Determination,establishment, enforcement and amendment of zoning districts, regulations andrestrictions: Notice and hearing; transmittal of information regardingapplication for recommendations to town board, citizens advisory council ortown advisory board of certain unincorporated towns; signs; additionalprerequisites for approval of certain applications in larger counties.

NRS 278.262 Hearingexaminers: Power of governing body to appoint.

NRS 278.263 Hearingexaminers: Compensation; qualifications; removal.

NRS 278.264 Hearingexaminers: Rules of procedure.

NRS 278.265 Hearingexaminers: Notice and hearing; duties and powers; final action on certainmatters; appeal of final action.

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 fromdecisions of board of adjustment; alternative procedure if board of adjustmenthas not been created.

SPECIAL EXCEPTIONS

NRS 278.315 Grantingof variances, special and conditional use permits and other special exceptionsby board of adjustment, planning commission or hearing examiner: Application;notice; hearing; transmittal of information regarding application for recommendationsto town board, citizens advisory council or town advisory board of certainunincorporated towns; appeal; signs; fee; exception.

NRS 278.319 Grantingof minor deviations without hearing; appeal.

APPEALS

NRS 278.3195 Governingbody to adopt ordinance allowing appeal to governing body concerning certaindecisions regarding use of land; required contents of ordinance; appeal ofdecision of governing body to district court.

DIVISIONS OF LAND

Subdivision of Land: General Provisions

NRS 278.320 Subdivisiondefined; exemptions for certain land.

NRS 278.325 Mappingfor industrial or commercial development; restriction on sale of parcel forresidential use; requirements for creating boundary by conveyance.

NRS 278.326 Enactmentof local ordinance governing improvements and related subjects.

NRS 278.327 Approvalof map does not preclude further division.

NRS 278.328 Finalaction on tentative map and final map: Appeal.

NRS 278.329 Relieffrom requirement to dedicate certain easements.

 

Subdivision of Land: Tentative Maps

NRS 278.330 Preparationof tentative map; filing and distribution of copies; action by planningcommission.

NRS 278.335 Reviewof tentative map by agencies of State; inspections by district board of health.

NRS 278.340 Reviewby city of tentative map of subdivision proposed to be located within 1 mile ofboundary of city.

NRS 278.345 Reviewby county of tentative map of subdivision proposed to be located within 1 mileof boundary of unincorporated area of county.

NRS 278.346 Tentativemap to be forwarded to school board; acquisition or disposal of school site.

NRS 278.347 Reviewof tentative map by general improvement district.

NRS 278.348 Reviewof tentative map by irrigation district in county whose population is less than100,000.

NRS 278.3485 Reviewof tentative map by subdivider of land on which irrigation ditch is located andwhich is outside boundaries of irrigation district in county whose populationis less than 100,000.

NRS 278.349 Actionon tentative map by governing body; considerations in determining action ontentative map; final disposition.

NRS 278.350 Limitationson time for action on tentative or final map.

NRS 278.353 Disclosurerequired when property offered for sale before final map recorded.

 

Subdivision of Land: Final Maps

NRS 278.360 Requirementsfor 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 Finalmap: Requirements and contents.

NRS 278.373 Certificatesand acknowledgments to appear on final map.

NRS 278.374 Certificateof owner of land; report and guarantee of title company.

NRS 278.375 Certificateof professional land surveyor.

NRS 278.376 Certificateby county or city surveyor or by county or city engineer.

NRS 278.377 Certificatesof certain governmental entities required; appeal from adverse decision ofDivision of Environmental Protection; copies of certain certificates to befurnished to subdivider and purchaser.

NRS 278.378 Certificateby clerk of governing body, planning commission or other authorized person oragency; clerk to present final map to county recorder for recording.

NRS 278.380 Approvalof final map: Acceptance of dedications; requirements to improve streets oreasements; security; appeal.

NRS 278.385 Approvalof final map: Submission of plans to install water meters.

NRS 278.390 Titleto dedicated property passes when final map recorded; offer of dedication mayremain open.

NRS 278.450 Feefor recording final map.

NRS 278.460 Requirementsfor recording final map; county recorder to provide copy of final map or accessto digital final map to county assessor.

 

Parcel Maps

NRS 278.461 Generalrequirements; exemptions.

NRS 278.462 Requirementswhich may be imposed by governing body.

NRS 278.4625 Minimumsize of mobile home lot.

NRS 278.463 Surveyrequired; exception.

NRS 278.464 Actionon parcel map by planning commission, governing body or other authorized personor agency; waiver of requirement for map and survey; consideration of certaincriteria authorized in determining approval of certain parcel maps; appeals;certificate of approval of parcel map.

NRS 278.466 Formand 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 mapwaived; statement indicating that property taxes have been paid; countyrecorder to provide copy of document or access to digital document to county assessor.

NRS 278.468 Dutiesof preparer of parcel map upon approval; duties of county recorder.

NRS 278.469 Mapto indicate record of survey not in conflict with planning and zoningrequirements.

 

Division of Land Into Large Parcels

NRS 278.471 Divisionsof land subject to NRS 278.471 to 278.4725, inclusive; exemption.

NRS 278.4713 Preparation,contents and filing of tentative map.

NRS 278.4715 Waiverof requirement to file tentative map; designation of easements.

NRS 278.472 Finalmap: Filing; form and contents.

NRS 278.4725 Finalmap: Action by planning commission or governing body; appeal; procedures inevent of disapproval; conditions for approval; filing; contents; fee forrecording; county recorder to provide copy of final map or access to digitalfinal map to county assessor.

 

Amendment of Plats, Surveys and Maps

NRS 278.473 Certificateof amendment to correct or amend recorded plat, survey or map if correction oramendment does not change location of surveyors monument or property line:Request; preparation, contents and recordation.

NRS 278.475 Amendedplat, survey or map to correct or amend recorded plat, survey or map ifcorrection or amendment changes location of surveyors monument or propertyline: Request; preparation and recordation.

NRS 278.477 Amendedplat, survey or map to correct or amend recorded plat, survey or map ifcorrection or amendment changes location of surveyors monument or propertyline: Additional requirements.

 

Maintenance of Certain Improvements

NRS 278.478 Definitions.

NRS 278.4781 Landscapingdefined.

NRS 278.4783 Publiclighting defined.

NRS 278.4785 Securitywall defined.

NRS 278.4787 Assumptionof maintenance by governing body.

NRS 278.4789 Provisionthrough association for common-interest community; notice of failure tomaintain; hearings; remedies of governing body.

 

Vacation or Abandonment of Streets, Easements or Maps; Reversion ofDivided Land

NRS 278.479 Contiguousdefined.

NRS 278.480 Vacationor abandonment of street or easement: Petition; authority to approve inconjunction with tentative map; government patent easements; notice; hearing;appeal; continuation of utility easements; recordation of order of vacation;reversion or purchase of vacated portion; adjacent easements for light and air;reservation or exception of easements; simplified procedure for certain utilityeasements.

NRS 278.490 Reversionof maps and reversion of division of land to acreage: Application; review andapproval or disapproval of map of reversion; map of reversion exempt fromcertain requirements; recording of approved map of reversion; county recorderto provide copy of or digital access to map of reversion to county assessor.

NRS 278.4925 Mergerand resubdivision of land without reversion to acreage; recordation;delineation of remaining streets and easements; crediting of security.

NRS 278.4955 Requirementsfor submitting map of reversion.

NRS 278.496 Requirementsfor presenting map of reversion for recording.

NRS 278.4965 Mapof reversion must include certificate of approval from appropriate person.

 

Parks and Playgrounds for Residential Developments

NRS 278.497 Definitions.

NRS 278.4971 Apartmenthouse defined.

NRS 278.4973 Mobilehome defined.

NRS 278.4975 Mobilehome lot defined.

NRS 278.4977 Residentialdwelling unit defined.

NRS 278.4979 Governingbody may by ordinance require dedication of land for parks or playgrounds.

NRS 278.498 Ordinancerequiring dedication: Conformity to or adoption of plan for recreation.

NRS 278.4981 Ordinancerequiring dedication: Contents.

NRS 278.4982 Landdedicated for park or playground: Compensation of developer for excess; planfor development; time limited for development.

NRS 278.4983 Residentialconstruction tax.

NRS 278.4985 Applicabilityto planned unit developments.

NRS 278.4987 Provisionsfor dedication and residential construction tax mutually exclusive; concurrentapplication prohibited.

 

Deed Restrictions for Subdivisions in Unincorporated Areas ofCertain Counties

NRS 278.563 Constructioncommittee and deed restriction defined.

NRS 278.564 Constructioncommittee: Establishment and operation pursuant to deed restrictions; officersof committee to file affidavit with building official on annual basis; requiredcontents of affidavit.

NRS 278.565 Deedrestrictions: Copy to be filed with tentative map and with building officialand presented to prospective purchaser; recording of original copy.

NRS 278.566 Writtenreport of construction committee required before building official may issuebuilding permit; application for written report; exceptions.

NRS 278.567 Procedurewhen construction committee inoperative.

NRS 278.568 Applicabilityto preexisting subdivisions.

 

Miscellaneous Provisions

NRS 278.569 Reservationin map of right-of-way for existing irrigation ditch.

NRS 278.5692 Approvalof adjustments to boundary lines by governing body.

NRS 278.5693 Requirementsfor adjustment of boundary line or transfer of land involving adjacentproperty.

NRS 278.5695 Countyrecorder required to indicate on copy of plot, plat, map or survey thatsubsequent changes should be examined.

 

Inspection of Structures and Enforcement of Zoning Regulations

NRS 278.570 Buildingofficial: Purpose; appointment; compensation; certification and continuingeducation; employees; expenditures.

NRS 278.573 Statementof restrictions: Duty of building official to deliver to owner who is issuedpermit for construction on his residence; owner to acknowledge receipt inwriting; text.

NRS 278.575 Programto allow independent contractors to review plans for and inspect buildings.

NRS 278.577 Certaincities and counties to require certification and continuing education forpersons who act as building official, review plans or inspect structure orbuilding or portion thereof; exception; application in smaller counties.

NRS 278.580 Buildingcodes: Adoption; fees for permits; applicability to State, Nevada System ofHigher Education and school districts; authorization of use of materials andtechnologies that conserve resources in construction and use of solar or windenergy; adoption of seismic provisions and standards.

NRS 278.581 Adoption,enforcement and application of construction and energy codes in county whosepopulation is 100,000 or more.

NRS 278.582 Minimalstandards for plumbing fixtures in certain structures.

NRS 278.583 NationalElectrical Code: Applicability; approval; modification.

NRS 278.585 Compliancewith city or county building codes required.

NRS 278.587 Dutyof city or county building official to notify State Board of ProfessionalEngineers and Land Surveyors concerning submission of incomplete or rejectedplans.

NRS 278.589 Dutyof city or county building official to notify State Board of Architecture,Interior Design and Residential Design concerning submission of incomplete orrejected plans.

 

Unlawful Acts and Penalties

NRS 278.590 Unlawfulsale or transfer of divided land; penalties; remedies.

NRS 278.600 Unlawfulrecording of map by recorder: Penalty.

NRS 278.610 Unlawfulto erect, construct, reconstruct, alter or change use of structure withoutbuilding permit; requirements for obtaining permit.

NRS 278.630 Violationof provisions concerning maps: County assessor to determine and reportdiscrepancies and not place on tax roll or maps any land for which discrepancyexists; investigation; prosecution.

IMPOSITION OF PLANS AND ZONING REGULATIONS BY GOVERNOR

NRS 278.640 Applicabilityof NRS 278.640 to 278.675, inclusive.

NRS 278.645 Impositionby Governor of plans and zoning regulations in absence of local action;extension of time for local action.

NRS 278.650 Requirementsof plans and zoning regulations; enforcement; hearings.

NRS 278.655 Purposesand goals of comprehensive physical planning.

NRS 278.660 Noticeto Governor of proposed building construction.

NRS 278.665 Governormay contract for appropriate services.

NRS 278.670 Durationof plans and zoning regulations imposed by Governor.

NRS 278.675 Powerof Governor to institute civil actions to remedy violations.

TAX FOR IMPROVEMENT OF TRANSPORTATION

NRS 278.710 Impositionof tax on privilege of development; special election; rate of tax; collectionof tax; use of revenue; applicability of chapter278B of NRS.

1973 NEVADA TAHOE REGIONAL PLANNING AGENCY

Findings and Declaration of Policy

NRS 278.780 Legislativefindings and declaration.

 

General Provisions

NRS 278.782 Definitions.

NRS 278.784 Agencydefined.

NRS 278.786 Governingbody defined.

NRS 278.788 Planningcommission defined.

NRS 278.790 Regiondefined.

NRS 278.791 Restrictedgaming license defined.

 

Organization

NRS 278.792 NevadaTahoe Regional Planning Agency: Creation; composition of governing body.[Effective until proclamation by Governor of withdrawal of California fromTahoe Regional Planning Compact or of his finding that the Tahoe RegionalPlanning Agency has become unable to perform its duties or exercise itspowers.]

NRS 278.792 NevadaTahoe Regional Planning Agency: Creation; composition and interests ofgoverning body. [Effective upon proclamation by Governor of withdrawal ofCalifornia from Tahoe Regional Planning Compact or of his finding that theTahoe Regional Planning Agency has become unable to perform its duties orexercise its powers, unless the 1987 amendments made to the Compact by theState of Nevada become effective before that time.]

NRS 278.792 NevadaTahoe Regional Planning Agency: Creation; composition and interests ofgoverning body. [Effective upon proclamation by Governor of withdrawal ofCalifornia from Tahoe Regional Planning Compact or of his finding that theTahoe Regional Planning Agency has become unable to perform its duties orexercise its powers, if the 1987 amendments made to the Compact by the State ofNevada become effective before that time.]

NRS 278.794 Termsof office of members of governing body. [Effective until proclamation byGovernor of withdrawal of California from Tahoe Regional Planning Compact or ofhis finding that the Tahoe Regional Planning Agency has become unable to performits duties or exercise its powers.]

NRS 278.794 Termsof office of members of governing body; review of appointments. [Effective uponproclamation by Governor of withdrawal of California from Tahoe RegionalPlanning Compact or of his finding that the Tahoe Regional Planning Agency hasbecome unable to perform its duties or exercise its powers.]

NRS 278.796 Vacancies.

NRS 278.798 Expensesof 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 278.808 Advisoryplanning commission: Appointment; composition. [Effective until proclamation byGovernor of withdrawal of California from Tahoe Regional Planning Compact or ofhis finding that the Tahoe Regional Planning Agency has become unable toperform its duties or exercise its powers.]

NRS 278.808 Advisoryplanning commission: Appointment; composition; terms; vacancies; quorum.[Effective upon proclamation by Governor of withdrawal of California from TahoeRegional Planning Compact or of his finding that the Tahoe Regional PlanningAgency has become unable to perform its duties or exercise its powers.]

NRS 278.810 ExecutiveOfficer; staff; attorney.

 

Planning

NRS 278.8111 Regionalplan: Adoption and review; contents. [Effective upon proclamation by Governorof withdrawal of California from Tahoe Regional Planning Compact or of hisfinding that the Tahoe Regional Planning Agency has become unable to performits duties or exercise its powers.]

NRS 278.8113 Regionalplan: Public hearings by planning commission in preparing plan and amendments;action by governing body. [Effective upon proclamation by Governor ofwithdrawal of California from Tahoe Regional Planning Compact or of his findingthat the Tahoe Regional Planning Agency has become unable to perform its dutiesor exercise its powers.]

NRS 278.8115 Regionalplan: Correlated elements. [Effective upon proclamation by Governor ofwithdrawal of California from Tahoe Regional Planning Compact or of his findingthat the Tahoe Regional Planning Agency has become unable to perform its dutiesor exercise its powers.]

NRS 278.8117 Regionalplan: Formulation and maintenance; duties of planning commission, governingbody and Agency. [Effective upon proclamation by Governor of withdrawal ofCalifornia from Tahoe Regional Planning Compact or of his finding that theTahoe Regional Planning Agency has become unable to perform its duties orexercise its powers.]

NRS 278.8119 Maintenanceand availability of data, maps and other information; assistance in exchangesof property. [Effective upon proclamation by Governor of withdrawal ofCalifornia from Tahoe Regional Planning Compact or of his finding that theTahoe Regional Planning Agency has become unable to perform its duties orexercise its powers.]

 

Agencys Powers

NRS 278.812 Reviewof applications approved by local authorities. [Effective until proclamation byGovernor of withdrawal of California from Tahoe Regional Planning Compact or ofhis finding that the Tahoe Regional Planning Agency has become unable to performits duties or exercise its powers.]

NRS 278.8121 Reviewand approval of public works. [Effective upon proclamation by Governor ofwithdrawal of California from Tahoe Regional Planning Compact or of his findingthat the Tahoe Regional Planning Agency has become unable to perform its dutiesor exercise its powers.]

NRS 278.8123 Timelimited for review and approval of proposal by Agency. [Effective upon proclamationby Governor of withdrawal of California from Tahoe Regional Planning Compact orof his finding that the Tahoe Regional Planning Agency has become unable toperform its duties or exercise its powers.]

NRS 278.8125 Permittedand conforming uses.

NRS 278.8127 Exemptionfrom and intendment of NRS 278.8125.

NRS 278.813 Ordinances,rules and regulations; general and regional standards. [Effective uponproclamation by Governor of withdrawal of California from Tahoe RegionalPlanning Compact or of his finding that the Tahoe Regional Planning Agency hasbecome unable to perform its duties or exercise its powers.]

NRS 278.814 Ordinances:Publication by title; copies transmitted to political subdivisions withinregion.

NRS 278.816 Enforcementof ordinances, rules, regulations and policies; jurisdiction of courts.

NRS 278.818 Violationof ordinance, rule or regulation: Penalty.

NRS 278.820 Financialpowers of Agency. [Effective until proclamation by Governor of withdrawal ofCalifornia from Tahoe Regional Planning Compact or of his finding that theTahoe Regional Planning Agency has become unable to perform its duties orexercise its powers.]

NRS 278.820 Financialpowers and duties of Agency. [Effective upon proclamation by Governor ofwithdrawal of California from Tahoe Regional Planning Compact or of his findingthat the Tahoe Regional Planning Agency has become unable to perform its dutiesor exercise its powers.]

NRS 278.822 Powersof local authorities subordinate to those of Agency.

NRS 278.824 Limitationon powers of Agency. [Effective until proclamation by Governor of withdrawal ofCalifornia from Tahoe Regional Planning Compact or of his finding that theTahoe Regional Planning Agency has become unable to perform its duties orexercise its powers.]

NRS 278.826 Assumptionof powers and duties by Agency. [Effective upon proclamation by Governor ofwithdrawal of California from Tahoe Regional Planning Compact or of his findingthat the Tahoe Regional Planning Agency has become unable to perform its dutiesor exercise its powers.]

 

Unlawful Acts

NRS 278.828 Unlawfulcontract or purchase by member of governing body; penalties.

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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 278.010to 278.630, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 278.0105 to 278.0195, inclusive, have the meaningsascribed to them in those sections.

[1:110:1941; A 1947, 834; 1943 NCL 5063](NRS A1969, 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)

NRS 278.0105 Affordablehousing defined. Affordable housing meanshousing affordable for a family with a total gross income less than 110 percentof the median gross income for the county concerned based upon the estimates ofthe United States Department of Housing and Urban Development of the mostcurrent median gross family income for the county.

(Added to NRS by 1995, 2225)

NRS 278.0107 Averageresidential density defined. Average residentialdensity means the number of lots intended for residential dwelling unitswithin the boundaries of a subdivided or developed area, divided by the totalnumber of acres within the boundaries of the subdivision or developed area.

(Added to NRS by 1999, 3363)

NRS 278.011 Buildingcode defined. Building code meansordinances, plans, regulations or rulings adopted by the governing body for thepurpose of regulating and specifying the soundness of construction ofstructures.

(Added to NRS by 1993, 2557)

NRS 278.0115 Buildingofficial defined. Building official means aperson employed by a city or county who is charged with the administration andenforcement of building codes. The term includes a person appointed to fill theposition of building official pursuant to NRS278.570 and an administrative official of the city or county who isauthorized by the city or county to assume the functions of the position ofbuilding official pursuant to NRS 278.570.

(Added to NRS by 2001, 1245)

NRS 278.012 Citiesand counties defined. Cities and countiesmeans all counties and cities located in counties. Carson City is considered asa county.

(Added to NRS by 1993, 2557)

NRS 278.0125 Citysurveyor defined. City surveyor means aperson appointed as such or a person designated by a city council or otherlegislative body of the city to perform the duties of a city surveyor pursuantto this chapter.

(Added to NRS by 1993, 2557)

NRS 278.013 Commissionor planning commission defined. Commissionor planning commission means the planning commission of the city, the countyor the region, as established by ordinance or by the provisions of thischapter.

(Added to NRS by 1993, 2557)

NRS 278.0135 Common-interestcommunity defined. Common-interestcommunity has the meaning ascribed to it in NRS116.021.

(Added to NRS by 1993, 2557)

NRS 278.014 Countysurveyor defined. County surveyor means aperson appointed as such or a person designated by a board of countycommissioners or the Board of Supervisors of Carson City to perform the dutiesof a county surveyor pursuant to this chapter.

(Added to NRS by 1993, 2557)

NRS 278.0145 Finalmap defined. Final map means a map preparedin accordance with the provisions of NRS278.325, 278.360 to 278.460, inclusive, 278.472, 278.4725or 278.4955 and any applicable localordinance, which is designed to be placed on record in the office of the countyrecorder of the county in which any part of the subdivision is located or therecorder of Carson City.

(Added to NRS by 1993, 2557; A 1997, 2419)

NRS 278.0147 Gamingenterprise district defined. Gamingenterprise district has the meaning ascribed to it in NRS 463.0158.

(Added to NRS by 2005, 1583)

NRS 278.015 Governingbody defined. Governing body means the citycouncil or other legislative body of the city or the board of county commissionersor, in the case of Carson City, the Board of Supervisors.

(Added to NRS by 1993, 2557)

NRS 278.0155 Improvementdefined. Improvement means such street workand utilities to be installed on land dedicated or to be dedicated for streetsand easements as are necessary for local drainage, local traffic and thegeneral use of property owners in the subdivision.

(Added to NRS by 1993, 2557)

NRS 278.0157 Infrastructureor 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 Localordinance defined. Local ordinance means anordinance enacted by the governing body of any city or county, pursuant to thepowers granted in NRS 278.010 to 278.630, inclusive.

(Added to NRS by 1993, 2557)

NRS 278.0165 Lotdefined. Lot means a distinct part or parcelof land which has been divided to transfer ownership or to build. The term doesnot include a parcel of land used or intended solely for use as a location fora water well.

(Added to NRS by 1993, 2558)

NRS 278.0167 Mobilehome park defined. Mobile home park has themeaning ascribed to manufactured home park in NRS 118B.017.

(Added to NRS by 1999, 3464; A 2001, 1190)

NRS 278.017 Parcelmap defined. Parcel map means a map as providedin NRS 278.461, 278.462, 278.463,278.464 or 278.466.

(Added to NRS by 1993, 2558; A 1997, 2419)

NRS 278.0172 Regionalplanning coalition defined. Regionalplanning coalition means the regional planning coalition described in NRS 278.02514.

(Added to NRS by 1999, 1973)

NRS 278.0174 Residentialdwelling unit defined. Residential dwellingunit has the meaning ascribed to it in NRS278.4977.

(Added to NRS by 1999, 3363)

NRS 278.0175 Right-of-waydefined. Right-of-way includes all publicand private rights-of-way and all areas required for public use in accordancewith any master plan or parts thereof.

(Added to NRS by 1993, 2558)

NRS 278.0177 Ruralpreservation neighborhood defined. Rural preservationneighborhood means a subdivided or developed area:

1. Which consists of 10 or more residential dwellingunits;

2. Where the outer boundary of each lot that is usedfor residential purposes is not more than 330 feet from the outer boundary ofany other lot that is used for residential purposes;

3. Which has no more than two residential dwellingunits per acre; and

4. Which allows residents to raise or keep animalsnoncommercially.

(Added to NRS by 1999, 3363)

NRS 278.018 Streetsdefined. 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 Subdividerdefined. Subdivider means a person or governmentalentity which causes land to be divided into a subdivision for himself or forothers.

(Added to NRS by 1993, 2558)

NRS 278.019 Tentativemap defined. Tentative map means a map madeto show the design of a proposed subdivision and the existing conditions in andaround it.

(Added to NRS by 1993, 2558)

NRS 278.0193 Usedfor residential purposes defined. Used forresidential purposes means a lot or parcel of land that is 5 acres or less inarea and contains a residential dwelling unit of a permanent nature.

(Added to NRS by 1999, 3363)

NRS 278.0195 Utilityproject defined. Utility project means:

1. An electric transmission line which is designed tooperate at 200 kilovolts or more; or

2. A line used to transport natural gas which operatesat 20 percent or more of the specified minimum yield strength of the materialfrom which the line is constructed,

which hasbeen approved for construction after October 1, 1991, by the State or FederalGovernment or a governing body.

(Added to NRS by 1993, 2558)

NRS 278.020 Regulationby governing bodies of improvement of land and location of structures forgeneral welfare.

1. For the purpose of promoting health, safety,morals, or the general welfare of the community, the governing bodies of citiesand counties are authorized and empowered to regulate and restrict theimprovement of land and to control the location and soundness of structures.

2. Any such regulation, restriction and control musttake into account:

(a) The potential impairment of natural resources andthe total population which the available natural resources will support withoutunreasonable impairment; and

(b) The availability of and need for affordable housingin the community, including affordable housing that is accessible to personswith disabilities.

[2:110:1941; A 1947, 834; 1943 NCL 5063.01](NRS A1973, 1241; 1995, 2225)

NRS 278.0201 Agreementwith governing body concerning development of land: Applicability ofordinances, resolutions and regulations adopted after agreement made;restrictions on subsequent action by governing body.

1. In the manner prescribed by ordinance, a governingbody may, upon application of any person having a legal or equitable interestin land, enter into an agreement with that person concerning the development ofthat land. This agreement must describe the land which is the subject of theagreement and specify the duration of the agreement, the permitted uses of theland, the density or intensity of its use, the maximum height and size of theproposed buildings and any provisions for the dedication of any portion of theland for public use. The agreement may fix the period within which constructionmust commence and provide for an extension of that deadline.

2. Unless the agreement otherwise provides, theordinances, resolutions or regulations applicable to that land and governingthe permitted uses of that land, density and standards for design, improvementsand construction are those in effect at the time the agreement is made.

3. This section does not prohibit the governing bodyfrom adopting new ordinances, resolutions or regulations applicable to thatland which do not conflict with those ordinances, resolutions and regulationsin effect at the time the agreement is made, except that any subsequent actionby the governing body must not prevent the development of the land as set forthin the agreement. The governing body is not prohibited from denying orconditionally approving any other plan for development pursuant to anyordinance, resolution or regulation in effect at the time of that denial orapproval.

4. The provisions of subsection 2 of NRS 278.315 and NRS 278.350 and 278.360 do not apply if an agreemententered into pursuant to this section contains provisions which are contrary tothe respective sections.

(Added to NRS by 1985, 2114; A 1991, 582; 1997, 2419)

NRS 278.0203 Agreementwith governing body concerning development of land: Approval by ordinance;recording.

1. The governing body may, if it finds that theprovisions of the agreement are consistent with the master plan, approve theagreement by ordinance.

2. Within a reasonable time after approval of theagreement, the clerk of the governing body shall cause the original agreementto be recorded with the county recorder or the recorder of Carson City. Uponrecordation, the agreement binds all parties and their successors in interestfor the duration of the agreement.

(Added to NRS by 1985, 2114; A 2001, 1759)

NRS 278.0205 Agreementwith governing body concerning development of land: Amendment or cancellation;review of development by governing body; notice; approval of amendment; filingand recording of amendment.

1. The agreement for development of land may beamended or cancelled, in whole or in part, by mutual consent of the parties tothe agreement or their successors in interest, except that if the governingbody determines, upon a review of the development of the land held at leastonce every 24 months, that the terms or conditions of the agreement are notbeing complied with, it may cancel or amend the agreement without the consentof the breaching party.

2. Notice of intention to amend or cancel any portionof the agreement must be given by publication in a newspaper of generalcirculation in the applicable city or county. The governing body may approveany amendment to the agreement by ordinance if the amendment is consistent withthe master plan. The original of the amendment must be filed for recording withthe county recorder or the recorder of Carson City.

(Added to NRS by 1985, 2114)

NRS 278.0207 Agreementwith governing body concerning development of land: Recording of certified copyof ordinance adopting agreement. A certifiedcopy of any local ordinance adopting the agreement for the development ofproperty and any amendments thereto must be recorded in the office of thecounty recorder or the recorder of Carson City.

(Added to NRS by 1985, 2115)

NRS 278.0208 Restrictionson use of system for obtaining solar or wind energy prohibited.

1. A governing body shall not adopt an ordinance,regulation or plan or take any other action that prohibits or unreasonablyrestricts the owner of real property from using a system for obtaining solar orwind energy on his property.

2. Any covenant, restriction or condition contained ina deed, contract or other legal instrument which affects the transfer, sale orany other interest in real property that prohibits or unreasonably restrictsthe owner of the property from using a system for obtaining solar or windenergy on his property is void and unenforceable.

3. For the purposes of this section, unreasonablyrestricting the use of a system for obtaining solar or wind energy meansplacing a restriction or requirement on the use of such a system whichsignificantly decreases the efficiency or performance of the system and doesnot allow for the use of an alternative system at a comparable cost and withcomparable efficiency and performance.

(Added to NRS by 1995, 1105; A 2005, 1820)

NRS 278.02081 Mandatoryconsideration of certain standards and guidelines if governing body establishescommittee or task force on sustainable energy. Ifa 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 andrenovated buildings; and

4. Performance guidelines for retrofit projects.

including,without limitation, energy consumption, use of potable water, use of water forlandscaping purposes and solid waste disposal.

(Added to NRS by 2005, 22nd SpecialSession, 69)

NRS 278.02083 Prohibitionof restriction on right of owner to display United States flag on realproperty; limitations.

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 realproperty from engaging in the display of the flag of the United States on hisproperty.

(b) Any covenant, condition or restriction contained ina deed, contract or other legal instrument which affects the transfer, sale orany other interest in real property that prohibits the owner of the propertyfrom engaging in the display of the flag of the United States on his propertyis void and unenforceable.

2. The provisions of this section do not:

(a) Apply to the display of the flag of the UnitedStates for commercial advertising purposes.

(b) Preclude a governing body from imposing reasonablerestrictions as to the time, place and manner of display of the flag of theUnited States if the governing body determines that such restrictions arenecessary to protect the health, safety or welfare of the public. For thepurposes of this paragraph, reasonable restrictions as to the time, place andmanner of display of the flag of the United States may include, withoutlimitation, reasonable restrictions as to height and setback.

3. In any action commenced to enforce the provisionsof this section, the prevailing party is entitled to recover reasonableattorneys fees and costs.

4. As used in this section, display of the flag ofthe 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 4U.S.C. chapter 1.

The termdoes not include a depiction or emblem of the flag of the United States that ismade of balloons, flora, lights, paint, paving materials, roofing, siding orany other similar building, decorative or landscaping component.

(Added to NRS by 2003, 2965)

NRS 278.02085 Amateurradio: 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 servicecommunications or that in any other manner does not conform to the provisionsof 47 C.F.R. 97.15 and the limited preemption entitled Amateur RadioPreemption, 101 F.C.C. 2d 952 (1985) as issued by the Federal CommunicationsCommission.

2. If a governing body adopts an ordinance, regulationor plan or takes any other action that regulates the placement, screening orheight of a station antenna structure based on health, safety or aestheticconsiderations, the ordinance, regulation, plan or action must:

(a) Reasonably accommodate amateur servicecommunications; and

(b) Constitute the minimum level of regulationpracticable to carry out the legitimate purpose of the governing body.

3. The provisions of this section do not apply to anydistrict organized pursuant to federal, state or local law for the purpose ofhistoric or architectural preservation.

4. Any ordinance, regulation or plan adopted by orother action taken by a governing body in violation of the provisions of thissection is void.

5. As used in this section:

(a) Amateur radio services has the meaning ascribedto it in 47 C.F.R. 97.3.

(b) Amateur service communications meanscommunications carried out by one or more of the amateur radio services.

(c) Amateur station has the meaning ascribed to it in47 C.F.R. 97.3.

(d) Station antenna structure means the antenna thatserves an amateur station, including such appurtenances and other structures asmay be necessary to support, stabilize, raise, lower or otherwise adjust theantenna.

(Added to NRS by 2001, 596)

NRS 278.0209 Factory-builthousing: Inclusion in definition of single-family residence; standards forsafety and development; installation prohibited under certain circumstances.

1. In any ordinance relating to the zoning of landadopted or amended by a governing body, the definition of single-familyresidence must include factory-built housing that has been built in compliancewith the standards for single-family residential dwellings of the UniformBuilding Code most recently adopted by the International Conference of BuildingOfficials.

2. An ordinance of the governing body may requirefactory-built housing to comply with standards for safety which exceed thestandards prescribed in subsection 1 if a single-family residential dwelling onthe same lot is also required to comply with those standards.

3. The governing body shall adopt the same standardsfor development for the factory-built housing and the lot on which it is placedas those to which a conventional single-family residential dwelling on the samelot 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 ofvehicles.

(d) Aesthetic requirements.

(e) Requirements for minimum square footage.

(f) Requirements for design, style and structure.

4. The governing body may prohibit the installation offactory-built housing in a specified area if:

(a) More than 5 years have elapsed between the date ofmanufacture of factory-built housing and the date of the application for theissuance of a permit to install factory-built housing in the affected area; or

(b) The area contains a building, structure or otherobject having a special character or special historical interest or value.

5. As used in this section, factory-built housinghas the meaning ascribed to it in NRS461.080.

6. The provisions of this section do not abrogate arecorded restrictive covenant.

(Added to NRS by 1995, 2759)

NRS 278.02095 Manufacturedhomes: Inclusion in definition of single-family residence; governing body toadopt standards for placement outside mobile home park; surrender ofcertificate of ownership of certain manufactured homes to Manufactured HousingDivision; limitations.

1. Except as otherwise provided in this section, in anordinance relating to the zoning of land adopted or amended by a governingbody, the definition of single-family residence must include a manufacturedhome.

2. Notwithstanding the provisions of subsection 1, agoverning body shall adopt standards for the placement of a manufactured homethat 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 5 yearsimmediately preceding the date on which it is affixed to the residential lot;

(3) Have exterior siding and roofing which issimilar in color, material and appearance to the exterior siding and roofingprimarily used on other single-family residential dwellings in the immediatevicinity 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 ofliving area unless the governing body, by administrative variance or otherexpedited procedure established by the governing body, approves a lesser amountof square footage based on the size or configuration of the lot or the squarefootage of single-family residential dwellings in the immediate vicinity of themanufactured home; and

(b) If the manufactured home has an elevatedfoundation, the foundation is masked architecturally in a manner determined bythe governing body.

Thegoverning body of a local government in a county whose population is less than40,000 may adopt standards that are less restrictive than the standards setforth in this subsection.

3. Standards adopted by a governing body pursuant tosubsection 2 must be objective and documented clearly and must not be adoptedto discourage or impede the construction or provision of affordable housing,including, without limitation, the use of manufactured homes for affordablehousing.

4. Before a building department issues a permit toplace a manufactured home on a lot pursuant to this section, other than a newmanufactured home, the owner must surrender the certificate of ownership to theManufactured Housing Division of the Department of Business and Industry. TheDivision shall provide proof of such a surrender to the owner who must submitthat proof to the building department.

5. The provisions of this section do not abrogate arecorded restrictive covenant prohibiting manufactured homes nor do theprovisions apply within the boundaries of a historic district establishedpursuant to NRS 384.005 or 384.100. An application to place amanufactured home on a residential lot pursuant to this section constitutes anattestation by the owner of the lot that the placement complies with allcovenants, conditions and restrictions placed on the lot and that the lot isnot located within a historic district.

6. As used in this section:

(a) Manufactured home has the meaning ascribed to itin NRS 489.113.

(b) New manufactured home has the meaning ascribed toit in NRS 489.125.

(Added to NRS by 1999, 3464; A 2001, 1119, 1964)

NRS 278.021 Residentialfacilities for groups, homes for individual residential care and halfway housesfor recovering alcohol and drug abusers: Inclusion in definition ofsingle-family residence; Health Division to compile and maintain registry;location in larger counties.

1. In any ordinance adopted by a city or county, thedefinition of single-family residence must include a:

(a) Residential facility for groups in which 10 orfewer unrelated persons with disabilities reside with:

(1) House parents or guardians who need not berelated to any of the persons with disabilities; and

(2) If applicable, additional persons who arerelated to the house parents or guardians within the third degree ofconsanguinity or affinity.

(b) Home for individual residential care.

(c) Halfway house for recovering alcohol and drugabusers.

2. The provisions of subsection 1 do not prohibit adefinition of single-family residence which permits more persons to reside ina residential facility for groups, nor does it prohibit regulation of homeswhich are operated on a commercial basis. For the purposes of this subsection,a residential facility for groups, a halfway house for recovering alcohol anddrug abusers or a home for individual residential care shall not be deemed tobe a home that is operated on a commercial basis for any purposes relating tobuilding codes or zoning.

3. The Health Division of the Department of Health andHuman Services shall compile and maintain a registry of information relating toeach residential establishment that exists in this State and shall makeavailable for access on the Internet or its successor, if any, the informationcontained in the registry. The registry must include with respect to eachresidential establishment:

(a) The name of the owner of the establishment;

(b) The name of the administrator of the establishment;

(c) The address of the establishment; and

(d) The number of clients for which the establishmentis licensed.

Anydepartment or agency of a county or city that becomes aware of the existence ofa residential establishment that is not included in the registry shall transmitsuch information to the Health Division, as is necessary, for inclusion in theregistry within 30 days after obtaining the information.

4. The governing body of a county whose population is100,000 or more or the governing body of a city in such a county or anydepartment or agency of the city or county shall approve the first applicationsubmitted on or after July 1, 2000, to operate a residential establishmentwithin a particular neighborhood in the jurisdiction of the governing body. Ifa subsequent application is submitted to operate an additional residentialestablishment at a location that is within the minimum distance established bythe governing body pursuant to this subsection from an existing residentialestablishment, the governing body shall review the application based onapplicable zoning ordinances. The requirements of this subsection do notrequire the relocation or displacement of any residential establishment whichexisted before July 1, 2001, from its location on that date. The provisions ofthis subsection do not create or impose a presumption that the location of morethan one residential establishment within the minimum distance of each otherestablished by the governing body pursuant to this subsection is inappropriateunder all circumstances with respect to the enforcement of zoning ordinancesand regulations. For purposes of this subsection, each governing body shallestablish by ordinance a minimum distance between residential establishmentsthat is at least 660 feet but not more than 1,500 feet.

5. The governing body of a county or city shall notrefuse to issue a special use permit to a residential establishment that meetslocal public health and safety standards.

6. The provisions of this section must not be appliedin any manner which would result in a loss of money from the Federal Governmentfor programs relating to housing.

7. As used in this section:

(a) Halfway house for recovering alcohol and drugabusers has the meaning ascribed to it in NRS449.008.

(b) Home for individual residential care has themeaning ascribed to it in NRS 449.0105.

(c) Person with a disability means a person:

(1) With a physical or mental impairment thatsubstantially limits one or more of the major life activities of the person;

(2) With a record of such an impairment; or

(3) Who is regarded as having such animpairment.

(d) Residential establishment means a home forindividual residential care in a county whose population is 100,000 or more, ahalfway house for recovering alcohol and drug abusers or a residential facilityfor groups.

(e) Residential facility for groups has the meaningascribed to it in NRS 449.017.

(Added to NRS by 1983, 220; A 1987, 1163; 1999, 3365; 2001, 241, 1907; 2003, 106, 107)

NRS 278.0213 Obstructionof outdoor advertising structures by certain improvement projects; governingbody required to take certain actions; authorized actions to comply withapplicable laws, statutes, agreements and ordinances governing regulation ofoutdoor advertising structures; city or county may implement provisions ofsection; applicability of provisions of section.

1. If any improvement project is caused to beconstructed for purposes of noise abatement by the governing body of a city orcounty within the right-of-way of a controlled-access freeway, which obstructsthe visibility from the main-traveled way of the controlled-access freeway ofan 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 ofTransportation pursuant to chapter 410 of NRSand at no cost to the State or any local government, the owner of the outdooradvertising structure to adjust the height or angle of the structure to aheight or angle that restores the visibility of the structure to the same orcomparable visibility as before the construction of the improvement project;

(b) Authorize, with the consent of the Department ofTransportation pursuant to chapter 410 of NRSand at no cost to the State or any local government, the owner of the outdooradvertising structure to relocate the structure to another location on the sameparcel of land or on another parcel of land where the owner of the structurehas secured the right to construct a structure pursuant to the applicable localordinances in existence at that time and the relocation restores the visibilityof the structure to the same or comparable visibility as before theconstruction of the improvement project;

(c) Evaluate the impact of the improvement project onthe visibility of the outdoor advertising structure and may, in its discretion,implement design modifications to the project which maintain the integrity ofthe project and which eliminate the effect of the project on the visibility ofthe structure so that adjustments to or relocation of the structure are notrequired to maintain its visibility;

(d) Authorize, with the consent of the Department ofTransportation pursuant to chapter 410 of NRSand at no cost to the State or any local government, any other relief which isconsistent with the public health, safety and welfare and which is mutuallyagreed upon by the governing body of the city or county, the Department ofTransportation 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 thevisibility of the structure remain obstructed.

2. Any action authorized pursuant to subsection 1 mustcomply with applicable federal and state statutes and regulations, agreementswith the Federal Government or the State and, to the extent that theirprovisions do not conflict with this section, local ordinances governing theregulation of outdoor advertising structures.

3. The provisions of subsection 1 do not authorize theowner of an outdoor advertising structure to increase the size of the area ofdisplay of the structure.

4. A city or county may implement the provisions ofthis 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 andnonconforming outdoor advertising structures;

(b) Are not intended to grant an express or impliedright of light, air or view over a controlled-access freeway if such a right isnot otherwise provided by law;

(c) Do not apply to an outdoor advertising structurewhose visibility was obstructed on or before the effective date of this act byan improvement project for noise abatement;

(d) Do not change the designation of an existingnonconforming outdoor advertising structure from nonconforming to conforming;and

(e) Do not authorize an increase in the number ofnonconforming outdoor advertising structures.

6. As used in this section:

(a) Controlled-access freeway means every highway toor from which owners or occupants of abutting lands and other persons areprohibited from having direct private access, and where access is allowed onlyat interchanges; and

(b) Outdoor advertising structure means a billboard,subject to a permit issued by the Department of Transportation, that isdesigned, intended or used to disseminate commercial and noncommercial messagesthat do not concern the premises upon which the billboard is located.

(Added to NRS by 2005, 980)

NRS 278.0215 Nonconformingoutdoor advertising structures: City or county to pay just compensation orauthorize relocation if requires removal or prohibits routine maintenance;exceptions; required removal of structure pursuant to amortization schedule prohibited;city or county to hold public hearing in certain circumstances; appeal ofamount of just compensation.

1. If a city or county, through the adoption,operation or enforcement of any ordinance or code, requires the removal of anonconforming outdoor advertising structure, the city or county shall:

(a) Pay just compensation for the loss of thenonconforming outdoor advertising structure to the owner of the nonconformingoutdoor advertising structure and to the owner of the real property upon whichthe nonconforming outdoor advertising structure is located; or

(b) Authorize the owner of the nonconforming outdooradvertising structure to relocate that structure to a site which is determinedto be a comparable site by the owner of the nonconforming outdoor advertisingstructure and which is approved by the city or county as an appropriate sitefor the structure.

2. If a city or county prohibits the owner of anonconforming outdoor advertising structure from engaging in routinemaintenance of the nonconforming outdoor advertising structure, the city orcounty shall provide just compensation or authorize a comparable alternativelocation for the nonconforming outdoor advertising structure in the same manneras if the city or county had required the removal of the nonconforming outdooradvertising structure pursuant to subsection 1.

3. A city or county shall not require the removal of anonconforming outdoor advertising structure to occur pursuant to anamortization schedule, regardless of the length of the period set forth in theamortization schedule.

4. The requirements of subsection 1 do not apply to anonconforming outdoor advertising structure that is:

(a) Required to be removed as a result of the owner ofthe real property upon which the nonconforming outdoor advertising structure islocated terminating the lease that governs the placement of the nonconformingoutdoor advertising structure on that property pursuant to the terms of thatlease; or

(b) Destroyed or damaged in excess of 50 percent of itsmaterial structural value as a result of a natural disaster, including, withoutlimitation, a fire, flood, earthquake, windstorm, rainstorm and snowstorm.

5. A city or county shall not require the removal of anonconforming outdoor advertising structure as a condition to the developmentor redevelopment of the property upon which the nonconforming outdooradvertising structure is located without first holding a public hearing atwhich the owner of the nonconforming outdoor advertising structure has anopportunity to be heard. The requirements of subsection 1 do not apply if,after the public hearing required by this subsection, a city or county requiresthe removal of the nonconforming outdoor advertising structure.

6. If the owner of a nonconforming outdoor advertisingstructure or the owner of the real property upon which the nonconformingoutdoor advertising structure is located disagrees with the amount of justcompensation the city or county determines should be paid to him, the owner mayappeal the determination to a court of competent jurisdiction. In determiningthe amount of just compensation that should be paid to an owner pursuant tosubsection 1, the court shall consider:

(a) The uniqueness of the location of the property uponwhich the nonconforming outdoor advertising structure is erected;

(b) Whether the nonconforming outdoor advertisingstructure can be relocated to a comparable site;

(c) The amount of income generated by the nonconformingoutdoor advertising structure; and

(d) The length of time remaining on any applicable termof a lease governing the nonconforming outdoor advertising structure.

7. As used in this section:

(a) Amortization schedule means an extended periodover which a person is required to remove a nonconforming outdoor advertisingstructure.

(b) Just compensation means the most probable pricethat a nonconforming outdoor advertising structure would bring in a competitiveand open market under the conditions of a fair sale, without the price beingaffected by undue stimulus.

(c) Material structural value means the cost of laborand materials necessary to erect an outdoor advertising structure. The termdoes not include any revenue or expenses related to the lease of real propertyupon which the outdoor advertising structure is located.

(d) Nonconforming outdoor advertising structure meansan outdoor advertising structure which is constructed or erected in conformancewith all applicable local ordinances and codes in effect on the date a buildingpermit is issued for the outdoor advertising structure and which does notconform subsequently because of a change to the local ordinances or codes. Theterm does not include an outdoor advertising structure that is authorized by aspecial use permit, conditional use permit, variance, waiver, condition ofzoning or other approval for the use of land if, when the special use permit,conditional use permit, variance, waiver, condition of zoning or other approvalfor the use of land was first approved, the special use permit, conditional usepermit, variance, waiver, condition of zoning or other approval for the use ofland was limited by a specific condition which allowed or required thegoverning 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 toadvertise or inform readers about services rendered or goods produced or soldon property other than the property upon which the sign, display, billboard orother device is erected.

(f) Routine maintenance means normal repair andupkeep of the structural integrity and appearance of a nonconforming outdooradvertising structure. The term does not include any increase in the size orheight of the structure or any addition or enhancement to the structure thatincreases the visual effect of the structure or increases the impact on the useof the land in the area around the structure.

(Added to NRS by 2001, 2281)

NRS 278.0217 Certaindocuments to be retained by governing body or other entity that causes noticesof hearing to be provided. If a governing bodyor 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 entityshall retain:

1. A copy of the notice;

2. A list of the persons or governmental entities towhich the notice was addressed; and

3. A record of the date on which the notice wasdeposited in the United States mail, postage prepaid, or, if applicable, sentby electronic means.

(Added to NRS by 2003, 2337)

NRS 278.022 Restrictionof adult motion picture theaters and bookstores: Declaration of legislativeintent.

1. It is hereby declared a matter of legislativedeclaration and belief that the morals of the youth of the State of Nevada arethreatened by the presence of adult motion picture theaters and adultbookstores which are appearing throughout some of the communities of our State.These establishments and the type and character of the merchandise andparaphernalia sold in them create an aura of mystery and enticement forNevadas youngsters that is increased by the lascivious and suggestive advertisingthat is often employed to promulgate the availability of these products andservices. It is the intent of the Legislature to minimize the exposure of ouryouth to the influence of these establishments.

2. It is further the firm belief that the moral valuesof our youth and therefore the mores of our society are in great partinfluenced and determined by the family, but are affected by the presence of anexposure to these establishments; therefore, it is the firm belief of theLegislature that society has a vital duty and role in the protection of ourmoral fiber and standards for the well being of us all as a society.

3. The location of these establishments is of vitalconcern to society in regard to their location near areas where our youth maylearn, play, pass by, or would be exposed to their advertising, windowdisplays, or the general atmosphere encompassing their operation.

(Added to NRS by 1973, 321)

NRS 278.0221 Restrictionof adult motion picture theaters and bookstores: Definitions.

1. Adult motion picture theater means a motionpicture theater whose program, during the time of its operation, contains oneor more motion pictures which are rated X by the Code Rating Administrationof the Motion Picture Association of America, or are not rated, and whoseprogram is intended to appeal to the prurient interests of the viewer.

2. Adult bookstore, for the purposes of thischapter, means an establishment which merchandises printed material or movieswhich are intended to appeal to the prurient interests of the reader.

(Added to NRS by 1973, 321)

NRS 278.0222 Restrictionof adult motion picture theaters and bookstores: Power of governing body torestrict location to specific districts. Acommission may recommend or a governing body may adopt zoning regulationsrestricting the construction, reconstruction, alteration, repair or use ofbuildings, structures or land as adult bookstores or adult motion picturetheaters to specific districts within the geographical jurisdiction of thecommission and governing body.

(Added to NRS by 1973, 321)

NRS 278.0226 Preparationof annual plan for capital improvements; contents of plan. The governing body of each local government whose budget includesany expenditure for the acquisition or maintenance of a capital improvementshall annually prepare a plan for capital improvements which conforms with itsmaster plan and which includes at least the 3 ensuing fiscal years but not morethan 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 willuse,

to acquire,maintain, operate and replace capital improvements.

(Added to NRS by 1989, 188; A 1989, 768; 1999, 2124)

NRS 278.023 Enactmentof separate zoning and planning ordinances for specific parts of territories. Where parts of the territory of any county or city liewithin the jurisdiction of different regional planning commissions or otherplanning authorities, the governing body of such county or city may enact a separatebuilding, subdivision, zoning or similar ordinance for each such part of itsterritory.

(Added to NRS by 1969, 861)

NRS 278.0231 Requirementto place street address or identifying number on exterior of certain buildings.

1. Each governing body shall require by ordinance thatthe owner of every:

(a) Apartment complex place the number of its streetaddress on the complex in such a manner that the police, fire department andother persons responding to an emergency can readily locate individual dwellingunits within the complex.

(b) Commercial shopping center place on the back doorof each business in the shopping center, in numerals at least 3 inches high, anumber identifying that business.

(c) Building which is owned by or leased to the State ora political subdivision thereof and located within the jurisdiction of thegoverning body place the number of its street address on the front of thebuilding in such a manner that the police, fire department and other personsresponding to an emergency can readily locate the building.

(d) Building which is used for commercial purposesplace the number of its street address on the front of the building in such amanner that the police, fire department and other persons responding to anemergency can readily locate the building.

2. If, during an inspection of a building, any memberof a fire department becomes aware of a violation of an ordinance adoptedpursuant to subsection 1, the chief officer of the fire department or anemployee designated by him, shall give notice of the violation to the owner oroccupant of the building.

3. As used in this section, apartment complex meansa building or group of buildings, each building of which is arranged in severalsuites 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 governingbody may compel action by owner of property.

1. Except as otherwise provided in subsection 2, agoverning body shall not require an owner of property to maintain, reconstructor repair a sidewalk in a public right-of-way that abuts his property.

2. The provisions of subsection 1 do not prohibit agoverning body from:

(a) Imposing an assessment or other charge authorizedby law for any reconstruction or repair of a sidewalk that the governing bodycauses to be performed within a public right-of-way;

(b) Requiring any reconstruction or repair of asidewalk as a condition of approval for a change in the use of the land;

(c) Requiring an owner of property to maintain asidewalk in a public right-of-way that abuts his property if the sidewalk wasconstructed pursuant to standards that exceed the general standards of thegoverning body for sidewalks; or

(d) Requiring, by ordinance, owners of property to beresponsible for:

(1) The repair and reconstruction of a sidewalkin the public right-of-way that abuts the property of the owner if the ownercaused the need for such repair or reconstruction.

(2) The general maintenance of a sidewalk in thepublic right-of-way that abuts the property of the owner, including, withoutlimitation, sweeping, removal of snow, ice and weeds, and maintenance of anygrass, shrubs or trees that encroach on the sidewalk.

(Added to NRS by 2003, 1738)

NRS 278.02317 Governingbody may not require dedication of real property as condition for issuance ofbuilding permit; exceptions.

1. Except as otherwise provided in subsection 2, agoverning body shall not require an owner of land to dedicate real property orany interest in real property as a condition for the issuance of a buildingpermit.

2. The provisions of subsection 1 do not prohibit:

(a) A governing body from requiring, before theissuance of a building permit, that an owner of land comply with any applicableconditions of a discretionary approval, including, without limitation, aspecial use permit, that has been granted previously; or

(b) The application of any requirements that agoverning body imposes by ordinance with respect to a broad class of owners ofland.

(Added to NRS by 2003, 656)

NRS 278.0232 Closureor conversion of mobile home park: Report required to be filed with planningcommission or governing body.

1. Before a mobile home park is closed or converted toany other use, the person proposing the closure or conversion shall file withthe appropriate planning commission or governing body a report containinginformation concerning the closure or conversion of the park. The report mustaddress the availability of comparable parks in the area and the cost ofrelocating a mobile home to another park.

2. The planning commission or governing body shallmake the report available for review by the general public.

(Added to NRS by 1987, 932)

NRS 278.02325 Conversionof existing mobile home park into individually owned lots: Restrictionsgoverning body, commission or board may not impose as condition of approval. A governing body, commission or board whose approval isnecessary pursuant to NRS 278.010 to 278.630, inclusive, for the conversion ofan existing mobile home park into individually owned mobile home lots:

1. Except as otherwise provided in subsection 2, maynot require any change to existing densities, uses, lot sizes, setbacks orother similar restrictions applicable to the mobile home park as a condition ofthe approval of the conversion.

2. May impose reasonable restrictions related tohealth and safety as a condition of the approval of the conversion.

(Added to NRS by 2003, 681)

NRS 278.0233 Actionsagainst agency: Conditions and limitations.

1. Any person who has any right, title or interest inreal property, and who has filed with the appropriate state or local agency anapplication for a permit which is required by statute or an ordinance,resolution or regulation adopted pursuant to NRS278.010 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 agencywhich imposes requirements, limitations or conditions upon the use of theproperty in excess of those authorized by ordinances, resolutions orregulations adopted pursuant to NRS 278.010to 278.630, inclusive, in effect on thedate 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 agencyimposing a tax, fee or other monetary charge that is not expressly authorizedby statute or that is in excess of the amount expressly authorized by statute.

(c) The failure of the agency to act on thatapplication within the time for that action as limited by statute, ordinance orregulation.

2. An action must not be brought under subsection 1:

(a) Where the agency did not know, or reasonably couldnot have known, that its action, decision or order was unlawful or in excess ofits authority.

(b) Based on the invalidation of an ordinance,resolution or regulation in effect on the date the application for the permitwas filed.

(c) Where a lawful action, decision or order of theagency is taken or made to prevent a condition which would constitute a threatto the health, safety, morals or general welfare of the community.

(d) Where the applicant agrees in writing to extensionsof time concerning his application.

(e) Where the applicant agrees in writing or orally onthe record during a hearing to the requirements, limitations or conditionsimposed by the action, decision or order, unless the applicant expressly statesin writing or orally on the record during the hearing that a requirement,limitation or condition is agreed to under protest and specifies whichparagraph of subsection 1 provides cause for the protest.

(f) For unintentional procedural or ministerial errorsof the agency.

(g) Unless all administrative remedies have beenexhausted.

(h) Against any individual member of the agency.

(Added to NRS by 1983, 2099; A 1995, 1035)

NRS 278.0235 Actionsagainst agency: Commencement. No action orproceeding may be commenced for the purpose of seeking judicial relief orreview from or with respect to any final action, decision or order of anygoverning body, commission or board authorized by NRS 278.010 to 278.630, inclusive, unless the action orproceeding is commenced within 25 days after the date of filing of notice ofthe final action, decision or order with the clerk or secretary of thegoverning body, commission or board.

(Added to NRS by 1971, 1264; A 1991, 48)

NRS 278.0237 Actionsagainst agency: Defenses; attorneys fees, court costs and interest; remedycumulative.

1. It is a complete defense to any action broughtunder NRS 278.0233 against a politicalsubdivision of this State that the final action, decision or order complainedof was required by federal or state law or by a regulation of a state agencywhich became effective after the date on which the application for a permit wasfiled.

2. The court may award reasonable attorneys 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 otherremedy provided by law.

(Added to NRS by 1983, 2100; A 1995, 1036)

RED ROCK CANYON

NRS 278.0239 Supremacyof limits upon development established by Red Rock Canyon Conservation Area andAdjacent Lands Act. In the region of thisState for which the Red Rock Canyon Conservation Area and Adjacent Lands Actestablishes limits upon development, the powers conferred by this chapter whichrelate to planning, subdivision regulation and zoning are subordinate to thoselimits.

(Added to NRS by 2003, 596)

REGIONAL PLANNING AGENCIES

NRS 278.024 Powersof Nevada Tahoe Regional Planning Agency. [Effective upon proclamation byGovernor of withdrawal of California from Tahoe Regional Planning Compact or ofhis finding that the Tahoe Regional Planning Agency has become unable toperform its duties or exercise its powers.]

1. In the region of this State for which there hasbeen created by NRS 278.780 to 278.828, inclusive, a regional planningagency, the powers conferred by NRS 278.010to 278.630, inclusive, upon any otherauthority are subordinate to the powers of such regional planning agency, andmay be exercised only to the extent that their exercise does not conflict withany ordinance or plan adopted by such regional planning agency. The powersconferred by NRS 278.010 to 278.630, inclusive, shall be exercisedwhenever appropriate in furtherance of a plan adopted by the regional planningagency.

2. Upon the adoption by a regional planning agencycreated by NRS 278.780 to 278.828, inclusive, of any regional plan,any plan adopted pursuant to NRS 278.010to 278.630, inclusive, shall cease to beeffective as to the territory embraced in such regional plan. Each planningcommission and governing body whose previously adopted plan is so affectedshall, within 90 days after the effective date of the regional plan, initiateany necessary procedure to revise its plan and any related zoning ordinanceswhich affect adjacent territory.

(Added to NRS by 1969, 50; A 1979, 1127, effectiveupon proclamation by Governor of withdrawal of California from Tahoe RegionalPlanning Compact or of his finding that the Tahoe Regional Planning Agency hasbecome unable to perform its duties or exercise its powers)

NRS 278.025 Powersof regional planning agency created by interstate compact.

1. In any region of this State for which there hasbeen created by interstate compact a regional planning agency, the powersconferred by NRS 278.010 to 278.630, inclusive, are subordinate to thepowers of such regional planning agency, and may be exercised only to theextent that their exercise does not conflict with any ordinance or plan adoptedby such regional planning agency. The powers conferred by NRS 278.010 to 278.630, inclusive, shall be exercisedwhenever appropriate in furtherance of a plan adopted by the regional planningagency.

2. Upon the adoption by a regional planning agencycreated by interstate compact of any regional plan or interim plan, any planadopted pursuant to NRS 278.010 to 278.630, inclusive, shall cease to beeffective as to the territory embraced in such regional or interim plan. Eachplanning commission and governing body whose previously adopted plan is soaffected shall, within 90 days after the effective date of the regional orinterim plan, initiate any necessary procedure to revise its plan and anyrelated zoning ordinances which affect adjacent territory.

(Added to NRS by 1968, 14)

REGIONAL PLANNING IN COUNTIES WHOSE POPULATION IS 400,000OR MORE

General Provisions

NRS 278.02507 Applicability. The provisions of NRS278.02507 to 278.02598, inclusive,apply only to counties whose population is 400,000 or more and cities locatedwithin those counties.

(Added to NRS by 1999, 3364)

NRS 278.02514 Regionalplanning coalition: Establishment. In a countywhose population is 400,000 or more, the board of county commissioners and thecity council of each of at least the three largest cities in the county shallestablish a regional planning coalition by cooperative agreement pursuant to chapter 277 of NRS.

(Added to NRS by 1999, 1973; A 1999, 3374)

Comprehensive Regional Policy Planning

NRS 278.02521 Legislativeintent.

1. The Legislature recognizes the need for innovativestrategies of planning and development that:

(a) Address the anticipated needs and demands ofcontinued urbanization and the corresponding need to protect environmentallysensitive areas; and

(b) Will allow the development of less populous regionsof this State if such regions:

(1) Seek increased economic development; and

(2) Have sufficient resources of land and waterto accommodate development in a manner that is environmentally sound.

2. The Legislature further recognizes that innovativestrategies of planning and development may be superior to conventionalstrategies of planning and development with respect to:

(a) Protecting environmentally sensitive areas;

(b) Maintaining the economic viability of agriculturaland other predominantly rural land uses; and

(c) Providing cost-effective public facilities andservices.

3. It is the intent of the Legislature that eachcomprehensive regional policy plan adopted or amended pursuant to this chaptershould set forth a process of planning which:

(a) Allows for:

(1) The efficient use of land within existingurban areas; and

(2) The conversion of rural lands to other uses,if such other uses are appropriate and consistent with the provisions of thischapter and the master plan of each affected city and county.

(b) Uses innovative and flexible strategies of planningand development and creative techniques of land use planning which promotesustainable 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 thatwhen the governing body of a local government adopts a master plan or zoningregulation, the plan or regulation should promote a strategy of maximizing theuse of existing facilities and services through redevelopment, interspersion ofnew housing and businesses in established neighborhoods and other mechanismsfor urban revitalization.

5. It is the further intent of the Legislature thatthe construction of public facilities and the provision of services necessaryto support development should be coordinated with activities of development toensure that demand for such facilities and services can be met at the time thedemand is created. In carrying out this intent, local and regional governmentalentities are encouraged to construct public facilities, including, withoutlimitation, buildings that are certified in accordance with the Leadership inEnergy and Environmental Design Green Building System or its equivalent,provide services or carry out development in phases. Public facilitiesconstructed and services provided to accommodate new development should be consistentwith plans for capital improvements prepared pursuant to NRS 278.0226.

(Added to NRS by 1999, 1926; A 2005, 1583)

NRS 278.02528 Regionalplanning coalition to develop comprehensive regional policy plan; consultation;contents of plan; adoption or amendment of plan.

1. The regional planning coalition shall develop acomprehensive regional policy plan for the balanced economic, social, physical,environmental and fiscal development and orderly management of the growth ofthe region for a period of at least 20 years. The comprehensive regional policyplan 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 interestedor involved in regional planning within the county.

(b) Shall ensure that the comprehensive regional policyplan 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, withoutlimitation, a map of land use plans that have been adopted by localgovernmental entities within the region, and that the plan addresses, ifapplicable, mixed-use development, transit-oriented development, master-plannedcommunities and gaming enterprise districts.

(4) Transportation.

(5) The efficient provision of public facilitiesand 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 andbusinesses in established neighborhoods; and

(II) Development in areas in which publicservices are available.

3. The regional planning coalition shall not adopt oramend the comprehensive regional policy plan unless the adoption or amendmentis by resolution of the regional planning coalition:

(a) Carried by the affirmative votes of not less thantwo-thirds of its total membership; and

(b) Ratified by the board of county commissioners ofthe county and the city council of each city that jointly established theregional planning coalition pursuant to NRS278.02514.

(Added to NRS by 1999, 1928; A 1999, 3370; 2005, 1584)

NRS 278.02535 Regionalplanning coalition: Study and development of incentives for certain types ofdevelopment.

1. Theregional planning coalition shall study and develop methods to provideincentives for:

(a) Theinterspersion of new housing and businesses in established neighborhoods,including, without limitation, the:

(1) Creationof an expedited process for granting necessary permits for a development thatfeatures such interspersion; and

(2) Impositionof a fee for the extension of infrastructure to encourage such interspersion.

(b) Mixed-usedevelopment, transit-oriented development, the development of a brownfield siteand development which minimizes the negative impact on the environment. As usedin this paragraph, brownfield site has the meaning ascribed to it in 42U.S.C. 9601.

(c) Largecommercial development which provides employee parking at a site other than thecommercial development. Such incentives may be developed in cooperation withthe regional transportation commission and other governmental entities.

2. As used in this section, infrastructure meanspublicly owned or publicly supported facilities that are necessary or desirableto support intense habitation within a region, including, without limitation,parks, roads, schools, libraries, community centers, police and fireprotection, sanitary sewers, facilities for mass transit and facilities for theconveyance of water and the treatment of wastewater.

(Added to NRS by 1999, 1928; A 1999, 3371; 2005, 1585)

NRS 278.02542 Powersof regional planning coalition; establishment of definition of term project ofregional significance.

1. Theregional planning coalition may:

(a) Coordinatesources of information.

(b) Recommendmeasures to increase the efficiency of governmental entities and services.

(c) Makerecommendations regarding the disposal of federal land.

(d) Establishmethods for resolving issues related to annexation, boundaries and othermatters that arise between jurisdictions.

(e) At leastevery 5 years, review:

(1) Masterplans, facilities plans and other similar plans, and amendments thereto,adopted by a governing body, regional agency, state agency or public utilitythat is located in whole or in part within the region; and

(2) Theannual plan for capital improvements that is prepared by each local governmentin the region pursuant to NRS 278.0226.

(f) Develop andrecommend, to the extent practicable, standardized classifications for land usefor the region.

(g) Considerand take necessary action with respect to any issue that the regional planningcoalition 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 agenciesof the Federal Government and applications for federal assistance for federallyassisted programs or projects.

(i) Designateallowable future land uses for each part of the county, including, withoutlimitation, the identification of each category of land use in which the constructionand operation of a public school is permissible. The identification of a categoryof land use in which the construction and operation of a public school ispermissible must be carried out in consultation with the county school districtand include a determination of whether there is sufficient land in theproximity of a residential development to meet projected needs for public schools.

2. Theregional planning coalition shall establish a definition for the term projectof regional significance. In establishing the definition, the regionalplanning coalition shall consider:

(a) Existingdefinitions of the term within the Nevada Revised Statutes; and

(b) That a project may have regional significance forseveral reasons, including, without limitation, the potential impact that theproject may have on historic, archaeological, cultural, scenic and naturalresources, public facilities, including, without limitation, schools, andpublic services within the region.

(Added to NRS by 1999, 1929; A 1999, 3371; 2001, 2116; 2005, 1585)

NRS 278.02549 Certainpublic entities to submit plans to regional planning coalition for review;certain public entities to ensure consistency of land use plans and decisionswith comprehensive regional policy plan and certified plans.

1. Each governing body, regional agency, state agencyor 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 itsreview all master plans, facilities plans and other similar plans of thegoverning body, regional agency, state agency or public utility.

2. Each regional agency and state agency that islocated 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 anddecisions pertaining to the use of land are consistent with:

(a) The comprehensive regional policy plan developedand adopted by the regional planning coalition pursuant to NRS 278.02528; and

(b) The master plans, facilities plans and othersimilar plans of a city or county which have been certified by the regionalplanning coalition pursuant to subsection 4 of NRS 278.02577 as being in substantialconformance with the comprehensive regional policy plan.

(Added to NRS by 1999, 1929; A 1999, 3372; 2001, 2117)

NRS 278.02556 Certainpublic entities prohibited from adopting or amending certain plans after March1, 2001, unless regional planning coalition afforded opportunity to makerecommendations; exception. Except as otherwiseprovided in this section, a governing body, regional agency, state agency orpublic utility that is located in whole or in part within the region shall notadopt a master plan, facilities plan or other similar plan, or an amendmentthereto, after March 1, 2001, unless the regional planning coalition has beenafforded an opportunity to make recommendations regarding the plan oramendment. A governing body, regional agency, state agency or public utilitymay adopt an amendment to a land use plan described in paragraph (f) ofsubsection 1 of NRS 278.160 withoutaffording the regional planning coalition the opportunity to makerecommendations regarding the amendment.

(Added to NRS by 1999, 1929)

NRS 278.02563 Regionalplanning coalition to annually prepare, adopt and submit budget to localgovernments in region. The regional planningcoalition shall, on or before July 1 of each year, prepare and adopt a budgetfor the immediately succeeding fiscal year and shall submit that budget to eachof the local governments within the region as a recommendation for funding.

(Added to NRS by 1999, 1930)

NRS 278.0257 Regionalplanning coalition authorized to employ persons and contract for services tocarry out certain duties. The regionalplanning coalition may employ persons or contract for services necessary tocarry out:

1. The provisions of NRS 278.02528 to 278.02577, inclusive; and

2. Other responsibilities set forth in the cooperativeagreement pursuant to which the regional planning coalition was establishedpursuant to NRS 278.02514.

(Added to NRS by 1999, 1930; A 1999, 3372)

NRS 278.02577 Regionalplanning coalition to biennially review plans of public entities forconformance with comprehensive regional policy plan; procedure ifnonconformance exists; determination of substantial conformance; certification;grants.

1. At leastevery 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 thoseplans are in substantial conformance with the comprehensive regional policyplan.

2. If theregional planning coalition determines that a plan reviewed pursuant tosubsection 1 is not in substantial conformance with the comprehensive regionalpolicy plan, the regional planning coalition shall return the plan to thesubmitting entity accompanied by recommendations regarding the manner in whichthe submitting entity may bring the plan into substantial conformance with thecomprehensive regional policy plan.

3. Within 90days after the date on which a submitting entity receives the plan andrecommendations from the regional planning coalition pursuant to subsection 2,the submitting entity shall provide to the regional planning coalition awritten response setting forth the:

(a) Manner inwhich the submitting entity changed the plan to be in substantial conformancewith the comprehensive regional policy plan; or

(b) Reasons ofthe submitting entity for not bringing the plan into substantial conformance.

4. If the regional planning coalition determines thatall the plans that a city or county is required to submit pursuant to NRS 278.02549 are in substantial conformancewith the comprehensive regional policy plan, the regional planning coalitionshall issue to the city or county a certificate or other indicia of thatdetermination. Upon receipt of such a certificate or other indicia, the city orcounty, until the next time the regional planning coalition reviews the plansof the city or county pursuant to subsection 1, is entitled to establish itsown policies and procedures with respect to regional planning, to the extentthat those policies and procedures do not conflict with federal or state law.

5. The regional planning coalition may, within thelimits of legislative appropriations and other available money, provide grantsto a city or county if the regional planning coalition has issued to the cityor county a certificate or other indicia pursuant to subsection 4 of thedetermination of the regional planning coalition that all the plans that thecity or county is required to submit pursuant to NRS 278.02549 are in substantialconformance with the comprehensive regional policy plan. Grants provided to a cityor county pursuant to this subsection must be expended by the city or countyonly to pay the costs of establishing, maintaining and carrying out programsrelated to land use planning.

(Added to NRS by 1999, 1930; A 1999, 3372; 2001, 2117)

Integrated, Long-Range Planning for Land Use,Transportation and Air Quality

NRS 278.02584 Regionalplanning coalition to cooperate with local air pollution control board andregional transportation commission for consistency of action and to carry outprogram of integrated, long-range planning; public hearings; preparation andsubmission of report.

1. Theregional planning coalition shall cooperate with the local air pollutioncontrol board and the regional transportation commission in the county in whichit is located to:

(a) Ensure thatthe plans, policies and programs adopted by each of them are consistent to thegreatest extent practicable.

(b) In additionto the comprehensive regional policy plan required by NRS 278.02528, establish and carry out aprogram of integrated, long-range planning that conserves the economic,financial and natural resources of the region and supports a common vision ofdesired future conditions.

2. Beforeadopting or amending a plan, policy or program, the regional planning coalitionshall:

(a) Consultwith the local air pollution control board and the regional transportationcommission; and

(b) Conducthearings to solicit public comment on the consistency of the plan, policy orprogram with:

(1) Theplans, policies and programs adopted or proposed to be adopted by the local airpollution control board and the regional transportation commission; and

(2) Plansfor capital improvements that have been prepared pursuant to NRS 278.0226.

3. If theprogram for control of air pollution established and administered by the localair pollution control board includes measures for the control of traffic ortransportation, the regional planning coalition shall consider recommending theuse of alternative land use designations, densities and design standards tomeet local and regional needs with respect to transportation.

4. Not morethan once every 2 years, the regional planning coalition shall:

(a) Prepare areport that summarizes the policies related to land use, transportation and airquality which it has adopted and which the local air pollution control boardand the regional transportation commission have adopted; and

(b) Submit acopy of the report to the:

(1) Countyclerk of the appropriate county;

(2) Divisionof Environmental Protection of the State Department of Conservation and NaturalResources;

(3) Divisionof State Lands of the State Department of Conservation and Natural Resources;and

(4) Departmentof Transportation.

5. As used inthis section:

(a) Local airpollution control board means a board that establishes a program for thecontrol of air pollution pursuant to NRS445B.500.

(b) Regional transportation commission means aregional transportation commission created and organized in accordance with chapter 373 of NRS.

(Added to NRS by 1999, 1974; A 1999, 3375)

Extension of Infrastructure to Undeveloped Areas

NRS 278.02591 Analysisby 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 inconjunction with another governing body, an analysis of the cost to constructinfrastructure in an area which is relatively undeveloped and which is likelyto become developed.

2. The analysis of the cost to constructinfrastructure in an area that is relatively undeveloped must include, withoutlimitation:

(a) A precise description of the area, either in theform 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 thearea when the land becomes fully developed;

(c) An assessment of the infrastructure that will benecessary to support the area when it becomes fully developed according to themaster plan adopted by the governing body pursuant to NRS 278.220; and

(d) A plan for the development of the infrastructurewhich includes, without limitation:

(1) Any minimum requirements for the developmentof infrastructure that have been determined by the regional planning coalition;

(2) A plan to meet the anticipated needs of thearea for police and fire protection, parks, roads, regional transportation andflood control facilities when the land becomes fully developed;

(3) An estimate of the date on which each phaseof the development will occur;

(4) The manner in which the plan for thedevelopment of the infrastructure will be implemented; and

(5) An economic analysis of the cost to plan anddevelop fully the infrastructure for the area.

3. The governing body may, if it finds that theanalysis of the projected need for infrastructure is consistent with the masterplan, approve the analysis by ordinance.

4. The governing body shall provide the necessarycopies of the analysis to the regional planning coalition for review andinformation.

(Added to NRS by 1999, 3364)

NRS 278.02598 Governingbody authorized to negotiate master development agreements to carry out planfor infrastructure.

1. A governing body may carry out the plan forinfrastructure by negotiating master development agreements, independently orin conjunction with an interlocal agreement for the area.

2. As used in this section, master developmentagreement means a written agreement:

(a) Between a governing body and a person who has alegal or equitable interest in land that is entered into upon the applicationof the person who wishes to develop that land;

(b) To enable the governing body to distributeequitably the costs to develop infrastructure for an area of land that islargely undeveloped; and

(c) That is based on an analysis of the need forinfrastructure that is prepared pursuant to NRS278.02591.

(Added to NRS by 1999, 3365)

REGIONAL PLANNING IN COUNTIES WHOSE POPULATION IS 100,000OR MORE BUT LESS THAN 400,000

NRS 278.026 Definitions. As used in NRS 278.026to 278.029, inclusive, unless thecontext otherwise requires:

1. Affected entity means a public utility, franchiseholder, local or regional agency, or any other entity having responsibility forplanning or providing public facilities relating to transportation, solidwaste, energy generation and transmission, conventions and the promotion oftourism, air quality or public education. The term does not include:

(a) A state agency; or

(b) A public utility which is subject to regulation bythe Public Utilities Commission of Nevada.

2. Facilities plan means a plan for the developmentof public facilities which will have a regional impact or which will aid inaccomplishing regional goals relating to transportation, solid waste, energygeneration and transmission, conventions and the promotion of tourism, airquality or public education. The term does not include a plan for thedevelopment of a specific site or regulations adopted by an affected entity toimplement the comprehensive regional plan.

3. Governing board means the governing board forregional planning created pursuant to NRS278.0264.

4. Joint planning area means an area that is thesubject of common study and planning by the governing body of a county and oneor more cities.

5. Project of regional significance, with respect toa project proposed by any person other than a public utility, means a projectwhich:

(a) Has been identified in the guidelines of the regionalplanning commission as a project which will result in the loss or significantdegradation of a designated historic, archeological, cultural or scenicresource;

(b) Has been identified in the guidelines of theregional planning commission as a project which will result in the creation ofsignificant new geothermal or mining operations;

(c) Has been identified in the guidelines of theregional planning commission as a project which will have a significant effecton 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 usepermit, an amendment to a master plan, a tentative map or other approval forthe use of land which, if approved, will have an effect on the region ofincreasing:

(1) Employment by not less than 938 employees;

(2) Housing by not less than 625 units;

(3) Hotel accommodations by not less than 625rooms;

(4) Sewage by not less than 187,500 gallons perday;

(5) Water usage by not less than 625 acre feetper year; or

(6) Traffic by not less than an average of 6,250trips daily.

The termdoes not include any project for which a request for an amendment to a masterplan, a change in zoning, a tentative map or a special use permit has beenapproved by the local planning commission before June 17, 1989.

6. Project of regional significance, with respect toa project proposed by a utility, includes:

(a) An electric substation;

(b) A transmission line that carries 60 kilovolts ormore;

(c) A facility that generates electricity greater than5 megawatts;

(d) Natural gas storage and peak shaving facilities;and

(e) Gas regulator stations and mains that operate over100 pounds per square inch.

7. Sphere of influence means an area into which acity plans to expand as designated in the comprehensive regional plan withinthe time designated in the comprehensive regional plan.

(Added to NRS by 1989, 759; A 1991, 1733; 1995, 2662;1997, 1981; 1999,2124; 2005, 1586)

NRS 278.0261 Declarationof legislative intent. The Legislature herebyfinds and declares that:

1. The process of regional planning in a county whosepopulation is 100,000 or more but less than 400,000, as set forth in NRS 278.026 to 278.029, inclusive, ensures thatcomprehensive 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 specificallylimit the premature expansion of development into undeveloped areas or addressthe unique needs and opportunities that are characteristic of olderneighborhoods in a county whose population is 100,000 or more but less than400,000.

3. The problem of the premature expansion ofdevelopment into undeveloped areas and the unique needs and opportunities thatare characteristic of older neighborhoods may be addressed through:

(a) Cooperative efforts to preserve and revitalizeurban areas and older neighborhoods; and

(b) Review of the master plans, facilities plans andother similar plans of local governments and other affected entities.

4. It is the intent of the Legislature with respect toNRS 278.026 to 278.029, inclusive, that each localgovernment and affected entity shall exercise its powers and duties in a mannerthat is in harmony with the powers and duties exercised by other localgovernments and affected entities to enhance the long-term health and welfareof the county and all its residents.

(Added to NRS by 1999, 2123)

NRS 278.0262 Regionalplanning commission: Creation; membership; chairman; compensation; training.

1. There is hereby created in each county whosepopulation is 100,000 or more but less than 400,000, a regional planningcommission consisting of:

(a) Three members from the local planning commission ofeach city in the county whose population is 60,000 or more, appointed by therespective governing bodies of those cities;

(b) One member from the local planning commission ofeach city in the county whose population is less than 60,000, appointed by therespective governing bodies of those cities; and

(c) Three members from the local planning commission ofthe county, appointed by the governing body of the county, at least two of whommust reside in unincorporated areas of the county.

2. Except for the terms of the initial members of thecommission, the term of each member is 3 years and until the selection andqualification of his successor. A member may be reappointed. A member whoceases to be a member of the local planning commission of the jurisdiction fromwhich he is appointed automatically ceases to be a member of the commission. Avacancy must be filled for the unexpired term by the governing body which madethe original appointment.

3. The commission shall elect its chairman from amongits members. The term of the chairman is 1 year. The member elected chairmanmust have been appointed by the governing body of the county or a city whosepopulation is 60,000 or more, as determined pursuant to a schedule adopted bythe commission and made a part of its bylaws which provides for the annualrotation of the chairmanship among each of those governing bodies.

4. A member ofthe commission must be compensated at the rate of $80 per meeting or $400 permonth, whichever is less.

5. Each memberof the commission must successfully complete the course of training prescribedby the governing body pursuant to subsection 2 of NRS 278.0265 within 1 year after the dateon which his term of appointment commences. A member who fails to completesuccessfully the course of training as required pursuant to this subsectionforfeits his appointment 1 year after the date on which his term of appointmentcommenced.

(Added to NRS by 1989, 759; A 1999, 2125; 2001, 1965)

NRS 278.0263 Regionalplanning commission: Request for assistance. Theregional planning commission shall request assistance from the governing bodyof a county, the governing body of a city, a state agency or an affected entityas required to perform its duties.

(Added to NRS by 1991, 1732)

NRS 278.02632 Regionalplanning commission: Study and development of incentives for certain types ofdevelopment. The regional planning commissionshall continue to study and develop methods to provide incentives for:

1. Mixed-use development, transit-orienteddevelopment, the development of a brownfield site and development whichminimizes 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 providesemployee parking at a site other than the commercial development. Suchincentives may be developed in cooperation with the regional transportationcommission and other local governmental entities.

(Added to NRS by 2005, 1583)

NRS 278.0264 Governingboard for regional planning: Creation; membership; chairman; compensation;operational needs; authority to sue and be sued; budget.

1. There is hereby created in each county whosepopulation is 100,000 or more but less than 400,000, a governing board forregional planning consisting of:

(a) Three representatives appointed by the board ofcounty commissioners, at least two of whom must represent or reside withinunincorporated areas of the county. If the representative is:

(1) A county commissioner, his district must beone of the two districts in the county with the highest percentage ofunincorporated area.

(2) Not a county commissioner, he must residewithin an unincorporated area of the county.

(b) Four representatives appointed by the governingbody of the largest incorporated city in the county.

(c) Three representatives appointed by the governingbody of every other incorporated city in the county whose population is 60,000or more.

(d) One representative appointed by the governing bodyof each incorporated city in the county whose population is less than 60,000.

2. Except for the terms of the initial members of thegoverning board, the term of each member is 3 years and until the selection andqualification of his successor. A member may be reappointed. A vacancy must befilled for the unexpired term by the governing body which made the originalappointment.

3. The governing bodies may appoint representatives tothe governing board from within their respective memberships. A member of alocal governing body who is so appointed and who subsequently ceases to be amember of that body, automatically ceases to be a member of the governingboard. The governing body may also appoint alternative representatives who mayact in the respective absences of the principal appointees.

4. The governing board shall elect its chairman fromamong its members. The term of the chairman is 1 year. The member electedchairman must have been appointed by the governing body of the county or a citywhose population is more than 60,000, as determined pursuant to a scheduleadopted by the governing board and made a part of its bylaws which provides forthe annual rotation of the chairmanship among each of those governing bodies.

5. A member of the governing board who is also amember of the governing body which appointed him shall serve without additionalcompensation. All other members must be compensated at the rate of $40 permeeting or $200 per month, whichever is less.

6. The governing board may appoint such employees asit 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 governingboard shall provide the necessary facilities, equipment, staff, supplies andother usual operating expenses necessary to enable the governing board to carryout its functions. The local governments shall enter into an agreement wherebythose costs are shared by the local governments in proportion to the number ofmembers that each appoints to the governing board. The agreement must alsocontain a provision specifying the responsibility of each local government,respectively, of paying for legal services needed by the governing board or bythe regional planning commission.

8. The governing board may sue or be sued in any courtof competent jurisdiction.

9. The governing board shall prepare and adopt anannual budget and transmit it as a recommendation for funding to each of thelocal governments.

(Added to NRS by 1989, 760; A 1991, 1734; 2001, 1966)

NRS 278.0265 Governingboard for regional planning: Adoption of regulations; prescription of trainingfor members of regional planning commission; fees for services provided; entryinto cooperative agreements and interlocal agreements.The governing board:

1. Shall adopt such regulations as are necessary tocarry out its specific powers and duties.

2. Shallprescribe an appropriate course of at least 12 hours of training in land useplanning for the members of the regional planning commission. The course oftraining must include, without limitation, training relating to:

(a) Statestatutes and regulations and local ordinances, resolutions and regulationsconcerning land use planning; and

(b) The provisions of chapter241 of NRS.

3. May establish and collect reasonable fees for theprovision 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 isconsistent with the provisions of NRS278.026 to 278.029, inclusive.

(Added to NRS by 1991, 1732; A 1993, 572; 1999, 2126; 2001, 756; 2005, 1587)

NRS 278.0266 Directorof regional planning: Appointment; qualifications; powers and duties. There is hereby created the position of director ofregional planning. The director:

1. Is appointed by the governing board from a list ofthree names submitted by the regional planning commission, and serves at thepleasure of the governing board;

2. Must be selected on the basis of his training,experience, capability and interest in planning;

3. Must have the demonstrated ability to administer amajor program relating to planning;

4. Shall devote his entire time and attention to thebusiness of his office and shall not pursue any other business or occupation orhold any other office of profit;

5. Shall not hold any other position relating toplanning with a regional or local entity in the county or be on leave ofabsence from any other regional or local entity in the county while holding theposition of director;

6. Is responsible for administration of the regionalplanning program;

7. Shall appoint a professional assistant experiencedin planning to assist in administration of the program; and

8. May:

(a) Appoint professional, technical or clerical staffto, and dismiss them from, positions which are approved by the governing board;

(b) Execute contracts for services and interlocalagreements which are approved by the governing board;

(c) Direct the activities of all other persons employedby the governing board; and

(d) Prepare an annual budget.

(Added to NRS by 1989, 761)

NRS 278.0268 Appointment of subcommittees andadvisory committees.

1. The governing board and the regional planningcommission may, jointly or separately, appoint subcommittees for any purposethat is consistent with NRS 278.026 to 278.029, inclusive. A subcommitteeappointed pursuant to this subsection must be composed only of:

(a) Members of the governing board or regional planningcommission, as appropriate, if the subcommittee is appointed separately; or

(b) Members from both the governing board and theregional planning commission, if the subcommittee is appointed jointly.

2. To assist in the formulation and the implementationof the comprehensive regional plan, the governing board and the regionalplanning commission may, jointly or separately, appoint advisory committees toadvise 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 planningcommission may, jointly or separately, appoint advisory committees to examineissues that affect the county in which the governing board and regionalplanning commission are located. The governing board and regional planningcommission may appoint persons from outside the county in which the governingboard and regional planning commission are located and from outside this Stateto serve on an advisory committee appointed pursuant to this section. Anadvisory committee appointed pursuant to this subsection may:

(a) Identify, examine and discuss regional issues thataffect the county in which the governing board and regional planning commissionare located, including, without limitation, issues relating to land use, fiscalmatters, 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 acomprehensive regional plan for the physical development and orderly managementof the growth of the region for the next 20 years.

2. The plan must consist of written text, appropriatemaps and such goals and policies, including those addressing current and futureproblems, as may, in the opinion of the commission, affect the region as awhole 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 andmaster plan that has been adopted pursuant to the provisions of this chapterand that applies to any area in the region, and any similar plan of a localgovernment, and may seek and consider the advice of each local planningcommission and any other affected entity; and

(b) Coordinate the elements of the plan and make themconsistent with each other.

4. Before approving the plan, the commission must holda public hearing on the proposed plan in each of the cities within the regionand in the unincorporated area of the county.

5. Before amending the plan, the commission must holdat least one public hearing on the proposed amendment at a location in theregion.

6. The approval of the plan or any amendment to itmust be by resolution of the commission carried by the affirmative votes of notless than two-thirds of its total membership.

7. The regional planning commission shall review theplan annually, update it not less than every 5 years, and forward itsrecommendations regarding proposed amendments to the plan to the governingboard for adoption. Amendments to the comprehensive regional plan may beproposed only by the regional planning commission, the governing board or alocal governing body. Except as otherwise provided in subsection 8, allrequests for amendments to the plan must be studied and considered at publichearings held annually by the commission.

8. The commission may consider a proposed amendmentand determine whether it is necessary to the health and welfare of thecommunity or substantially benefits the community in general. If the commissiondetermines that the amendment is necessary, it may schedule a public hearing onthe amendment at any time. Any person may appeal the determination of thecommission 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 thissection must be given by publication in a newspaper of general circulation inthe region at least 10 days before the day of the hearing. If there is morethan one newspaper of general circulation in the region, notice must be givenby publication in at least two such newspapers. Notice of the time and place ofthe initial meeting of the regional planning commission and the hearing atwhich the commission receives testimony concerning final approval of thecomprehensive regional plan must be given by publication at least 30 daysbefore the day of the meeting or hearing. Notice given pursuant to thissubsection must be a display advertisement of not less than 3 inches by 5inches.

(Added to NRS by 1989, 761)

NRS 278.0274 Contentsof regional plan. The comprehensive regionalplan must include goals, policies, maps and other documents relating to:

1. Population, including a projection of populationgrowth in the region and the resources that will be necessary to support thatpopulation.

2. Conservation, including policies relating to theuse and protection of air, land, water and other natural resources, ambient airquality, natural recharge areas, floodplains and wetlands, and a map showingthe areas that are best suited for development based on those policies.

3. The limitation of the premature expansion ofdevelopment into undeveloped areas, preservation of neighborhoods andrevitalization of urban areas, including, without limitation, policies thatrelate to the interspersion of new housing and businesses in establishedneighborhoods and set forth principles by which growth will be directed toolder urban areas.

4. Land use and transportation, including theclassification of future land uses by density or intensity of development basedupon the projected necessity and availability of public facilities, including,without limitation, schools, and services and natural resources, and thecompatibility of development in one area with that of other areas in theregion. This portion of the plan must:

(a) Address, if applicable, mixed-use development,transit-oriented development, master-planned communities and gaming enterprisedistricts;

(b) Allow for a variety of uses;

(c) Describe the transportation facilities that will benecessary to satisfy the requirements created by those future uses; and

(d) Be based upon the policies and map relating toconservation that are developed pursuant to subsection 2, surveys, studies anddata relating to the area, the amount of land required to accommodate plannedgrowth, the population of the area projected pursuant to subsection 1, and thecharacteristics of undeveloped land in the area.

5. Public facilities and services, includingprovisions relating to sanitary sewer facilities, solid waste, flood control,potable water and groundwater aquifer recharge which are correlated withprinciples and guidelines for future land uses, and which specify ways tosatisfy the requirements created by those future uses. This portion of the planmust:

(a) Describe the problems and needs of the arearelating to public facilities and services and the general facilities that willbe required for their solution and satisfaction;

(b) Identify the providers of public services withinthe region and the area within which each must serve, including serviceterritories set by the Public Utilities Commission of Nevada for publicutilities;

(c) Establish the time within which those publicfacilities and services necessary to support the development relating to landuse and transportation must be made available to satisfy the requirementscreated by that development; and

(d) Contain asummary prepared by the regional planning commission regarding the plans forcapital improvements that:

(1) Arerequired to be prepared by each local government in the region pursuant to NRS 278.0226; and

(2) May be prepared by the water planningcommission of the county, the regional transportation commission and the countyschool district.

6. Annexation, including the identification of spheresof influence for each unit of local government, improvement district or otherservice district and specifying standards and policies for changing theboundaries of a sphere of influence and procedures for the review ofdevelopment within each sphere of influence. As used in this subsection,sphere of influence means an area into which a political subdivision mayexpand in the foreseeable future.

7. Intergovernmental coordination, including theestablishment of guidelines for determining whether local master plans andfacilities plans conform with the comprehensive regional plan.

8. Any utility project required to be reportedpursuant to NRS 278.145.

(Added to NRS by 1989, 762; A 1991, 953; 1997, 1982; 1999, 2126; 2005, 1587)

NRS 278.0276 Adoptionof regional plan. The governing board shalladopt the plan approved by the regional planning commission with any amendmentsit deems necessary. Before adopting the plan with any amendments the boardshall submit each proposed amendment to the regional planning commission forits review and comment. The commission shall complete its review and return theplan to the governing board within 30 days or as specified by the board. Within30 days after its receipt of the commissions comments, the governing boardshall consider those comments and adopt the plan with or without amendment. Theadoption of the plan or any amendment must be by resolution of the governingboard carried by a simple majority of its total membership. Before the adoptionof 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 anewspaper of general circulation in the region not later than 10 days beforethe day of the hearing.

(Added to NRS by 1989, 763)

NRS 278.0277 Projectof regional significance: Adoption of guidelines and procedures for review ofproposal. The regional planning commissionshall adopt guidelines and procedures for the review of whether a proposal forthe use of land submitted to a county or city located in the region is aproject of regional significance. The county or city shall use the guidelinesand procedures adopted by the regional planning commission to determine if aproposal for the use of land is a project of regional significance.

(Added to NRS by 1991, 1731)

NRS 278.0278 Projectof regional significance: Finding of conformance with adopted regional planrequired before final approval and commencement of construction; appeal ofdetermination to governing board.

1. Before a project of regional significance is approvedfinally by the county or city and before construction on a project of regionalsignificance may begin, the regional planning commission must make a findingthat the project is in conformance with the adopted regional plan. In makingits determination, the commission shall limit its review to the substance andcontent of the adopted comprehensive regional plan and shall not consider themerits or deficiencies of a project in a manner other than is necessary toenable it to make that determination.

2. If the commission fails to make any findingregarding a project of regional significance within 60 days after the projectis submitted to it, it shall be deemed that the commission has made a findingthat the project conforms with the regional plan.

3. If the commission determines that the project isnot in conformance with the regional plan, the determination may be appealed tothe governing board within 45 days after the determination is made. Thegoverning board shall consider the appeal and may reverse the determination ofthe commission or recommend that the county or city take actions to make theproposal consistent with the comprehensive regional plan. The county or cityshall, within 45 days after receipt, consider any such recommendations and directsuch changes in the project as are necessary to assure the consistency of theproposal 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 suchperiod as may be necessary to complete the review and any appeal provided forin this section.

(Added to NRS by 1989, 764; A 1991, 1735)

NRS 278.02784 Jointplanning area: Designation in regional plan; master plan required for area.

1. The regional planning commission may designate oneor more joint planning areas in the comprehensive regional plan.

2. If an area is designated a joint planning area, thecounty 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 isincluded within the sphere of influence of a city;

(c) Designate the portion of the area, if any, that issubject to the jurisdiction of the county for planning and zoning anddevelopment decisions; and

(d) Be submitted to the regional planning commissionfor review pursuant to NRS 278.028.

(Added to NRS by 1991, 1731)

NRS 278.02786 Jointplanning area: Procedure for recommendation and adoption of master plan.

1. Before recommending the master plan for a jointplanning area, each affected local planning commission shall jointly hold atleast one public hearing thereon. Notice of the time and place of the hearingmust be given by at least one publication in a newspaper of general circulationin the county at least 10 days before the day of the hearing.

2. The recommendation of the master plan for a jointplanning area must be by resolution of each affected local planning commissionin the joint planning area carried by the affirmative votes of not less thantwo-thirds of the total membership of each commission. The resolution mustrefer expressly to the maps, descriptive matter and other matter intended bythe county planning commission and the planning commission of each city in thejoint planning area to constitute the recommended master plan for the jointplanning area.

3. The master plan for the joint planning area that isrecommended by the affected local planning commissions must be considered foradoption by each affected local governing body.

4. The affected local governing bodies may adopt suchparts thereof as may practicably be applied to the development of the jointplanning area. The master plan for the joint planning area becomes effectiveupon the approval by a majority of the membership of each affected localgoverning body.

5. Before adopting the master plan for the jointplanning area, or part thereof, the affected local governing bodies shalljointly hold at least one public hearing thereon. Notice of the time and placeof the hearing must be published at least once in a newspaper of generalcirculation in the county at least 10 days before the day of the publichearing.

(Added to NRS by 1991, 1732)

NRS 278.02788 Adoptionof master plan for sphere of influence; appeal of decision concerning use ofland within sphere of influence.

1. If a city has a sphere of influence that isdesignated in the comprehensive regional plan, the city shall adopt a masterplan concerning the territory within the sphere of influence. The master planand any ordinance required by the master plan must be consistent with thecomprehensive regional plan. After adoption and certification of a master planconcerning the territory within the sphere of influence and after adopting theordinances required by the master plan, if any, the city may exercise any powerconferred pursuant to NRS 278.010 to 278.630, inclusive, within its sphere ofinfluence.

2. If the comprehensive regional plan designates thatall or part of the sphere of influence of a city is a joint planning area, themaster plan and any ordinance adopted by the city pursuant to subsection 1 mustbe consistent with the master plan that is adopted for the joint planning area.

3. Before certification of the master plan for thesphere of influence pursuant to NRS 278.028,any action taken by the county pursuant to NRS278.010 to 278.630, inclusive,within the sphere of influence of a city must be consistent with the comprehensiveregional plan.

4. A person, county or city that is represented on thegoverning board and is aggrieved by a final determination of the county or,after the certification of the master plan for a sphere of influence, isaggrieved by a final determination of the city, concerning zoning, asubdivision map, a parcel map or the use of land within the sphere of influencemay appeal the decision to the regional planning commission within 30 daysafter the determination. A person, county or city that is aggrieved by thedetermination of the regional planning commission may appeal the decision tothe governing board within 30 days after the determination. A person, county orcity that is aggrieved by the determination of the governing board may seekjudicial review of the decision within 25 days after the determination.

(Added to NRS by 1991, 1731)

NRS 278.028 Reviewand amendment of existing master plan, facilities plan or other similar plan;objection filed with regional planning commission; appeal of finaldetermination to board.

1. Following the initial adoption of the comprehensiveregional plan or any portion of it, each local planning commission, and anyother affected entity shall review its respective master plan, facilities planand other similar plans, amend them to conform with the provisions of thecomprehensive regional plan, and submit them, within 60 days after the adoptionof the comprehensive plan, to the regional planning commission. The regionalplanning commission shall review the plans at one or more public hearings heldwithin 180 days after their submission and determine whether they conform withthe comprehensive regional plan. The regional planning commission shall specifywhich parts of the plan, if any, are not in conformance and why they fail toconform.

2. If the regional planning commission fails to make adetermination within 180 days after the submission of a plan pursuant to thissection, the plan shall be deemed to be in conformance with the comprehensiveregional plan.

3. An affected entity or local governing body that hassubmitted a plan and disagrees with the reasons given by the regional planningcommission for making a determination of nonconformance pursuant to thissection may file an objection with the regional planning commission within 45days after the issuance of that determination. The affected entity or localgoverning body shall attach its reasons why the plan is in conformance with thecomprehensive regional plan. The regional planning commission shall considerthe objection and issue its final determination of conformance ornonconformance within 45 days after the objection is filed. The determinationmay be appealed to the governing board not later than 30 days after itsissuance.

4. Within 45 days after its receipt of an appeal, thegoverning board shall consider the appeal and issue its decision. If the boardaffirms the determination of the commission, the affected entity or localgoverning body shall, within 60 days after the issuance of the decision,propose revisions to the plan and resubmit the plan together with the proposedrevisions to the commission for review in accordance with this section.

(Added to NRS by 1989, 765)

NRS 278.0282 Reviewof proposed adoption or amendment of master plan, facilities plan or othersimilar plan; objection filed with regional planning commission; appeal offinal determination to board.

1. Before the adoption or amendment of any masterplan, facilities plan or other similar plan, each governing body and any otheraffected entity shall submit the proposed plan or amendment to the regionalplanning commission, which shall review the plan or amendment at one or morepublic hearings held within 60 days after its receipt of that plan or amendmentand determine whether the proposed plan or amendment conforms with thecomprehensive regional plan. The commission shall specify those parts of theplan or amendment, if any, that are not in conformance and why they fail toconform.

2. Before the adoption or amendment of any masterplan, facilities plan or other similar plan by a state agency or a publicutility whose plan must be approved by the Public Utilities Commission ofNevada, the agency or utility shall submit the proposed plan or amendment tothe regional planning commission, which shall, within 60 days after itsreceipt, review the plan or amendment and offer suggestions to the agency orutility regarding the conformance of the plan with the comprehensive regionalplan.

3. Except as otherwise provided in NRS 278.028, a local governing body or anyother affected entity shall not adopt a master plan, facilities plan or othersimilar plan, or any amendment to any of those plans, unless the regionalplanning commission has determined that the plan or amendment is in conformancewith the comprehensive regional plan. A proposed plan is in conformance withthe comprehensive regional plan if it is not in conflict with the comprehensiveregional plan and it promotes the goals and policies of the comprehensiveregional plan.

4. If the regional planning commission fails to make adetermination within 60 days after its receipt from an affected entity or localgoverning body of a proposed plan or amendment pursuant to this section, theplan or amendment shall be deemed to be in conformance with the comprehensiveregional plan.

5. An affected entity or a local governing body whichhas submitted a proposed plan and which disagrees with the reasons given by theregional planning commission for making a determination of nonconformancepursuant to this section, may file an objection with the regional planningcommission within 45 days after the issuance of that determination. Theaffected entity or local governing body shall attach its reasons why the planis in conformance with the comprehensive regional plan. The regional planningcommission shall consider the objection and issue its final determination ofconformance or nonconformance within 45 days after the objection is filed. Thedetermination may be appealed to the governing board not later than 30 daysafter its issuance.

6. Within 45 days after its receipt of an appeal, thegoverning board shall consider the appeal and issue its decision, which must bemade by the affirmative votes of a simple majority of its total membership. Ifthe board affirms the determination of the commission, the affected entity orlocal governing body shall, within 60 days after the issuance of the decision,propose revisions to the plan and resubmit the plan together with thoseproposed revisions to the commission for review in accordance with theprovisions of this section.

7. Any determination of conformance made by thecommission pursuant to this section must be made by the affirmative votes ofnot less than two-thirds of its total membership.

(Added to NRS by 1989, 764; A 1997, 1983)

NRS 278.0284 Conformityof local ordinances and regulations to master plan. Anyaction of a local government relating to development, zoning, the subdivisionof land or capital improvements must conform to the master plan of the localgovernment. In adopting any ordinance or regulation relating to development, zoning,the subdivision of land or capital improvements, the local government shallmake a specific finding that the ordinance conforms to the master plan. Within1 year after its adoption of any portion of a master plan, the local governmentshall review and, if necessary, amend its existing ordinances to ensure theirconformity with the provisions of the master plan. If any provision of themaster plan is inconsistent with any regulation relating to land development,the provision of the master plan governs any action taken in regard to anapplication for development.

(Added to NRS by 1989, 766)

NRS 278.0286 Annualreport by local planning commission; local government to file informationrelating to proposed actions concerning regional plan.

1. Each local planning commission responsible for thepreparation of a city or county master plan and each affected entity shallprepare and submit to the regional planning commission and the governing boarda complete report by April 1 of each year indicating any action taken withinthe previous calendar year which furthers or assists in carrying out thepolicies or programs contained in the comprehensive regional plan, and any workrelating to the comprehensive regional plan that is proposed for the nextfiscal year.

2. Before submitting a recommendation for proposedlegislation or beginning any program or project relating to the mandatoryprovisions of the comprehensive regional plan, a unit of local government or anaffected 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 Exemptedregion. The region defined in NRS 278.790 is exempt from the provisionsof NRS 278.026 to 278.029, inclusive, and 278.145.

(Added to NRS by 1989, 766; A 1991, 954)

NRS 278.029 Facilitiesplan not required. Nothing contained in theprovisions of NRS 278.026 to 278.029, inclusive, requires any entitythat has not already adopted a facilities plan to do so.

(Added to NRS by 1989, 766)

PLANNING COMMISSIONS

NRS 278.030 Creationby cities and counties; number of members.

1. The governing body of each city whose population is25,000 or more and of each county whose population is 40,000 or more shallcreate by ordinance a planning commission to consist of seven members.

2. Cities whose population is less than 25,000 andcounties whose population is less than 40,000 may create by ordinance a planningcommission to consist of seven members. If the governing body of any city whosepopulation is less than 25,000 or of any county whose population is less than40,000 deems the creation of a planning commission unnecessary or inadvisable,the governing body may, in lieu of creating a planning commission as providedin this subsection, perform all the functions and have all of the powers whichwould 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)

NRS 278.040 Members:Appointment; qualifications; compensation and expenses; terms; removal;vacancies.

1. The members of the planning commission areappointed by the chief executive officer of the city, or in the case of acounty by the chairman of the board of county commissioners, with the approvalof the governing body. The members must not be members of the governing body ofthe city or county. The majority of the members of the county planningcommission in any county whose population is 400,000 or more must reside withinthe unincorporated area of the county.

2. In Carson City, the members of the planning commissionestablished as provided in NRS 278.030are appointed by the Mayor from the city at large, with the approval of theBoard of Supervisors.

3. The governing body may provide for compensation toits planning commission in an amount of not more than $80 per meeting of thecommission, with a total of not more than $400 per month, and may providetravel expenses and subsistence allowances for the members in the same amountsas 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 successor takes office. Ifapplicable, the term of each member of a county or city planning commission inany county whose population is 400,000 or more is coterminous with the term ofthe member of the governing body who recommended his appointment to theappointing authority. If the recommending member resigns his office before theexpiration of his term, the corresponding member of the planning commission maycontinue to serve until the office is next filled by election. If the office ofthe recommending member becomes vacant before the expiration of the term forany other reason, the corresponding member of the planning commission maycontinue 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 publichearing, by a majority vote of the governing body for just cause. In a countywhose population is 400,000 or more, members of a county or city planningcommission serve at the pleasure of their appointing authority.

6. Vacancies occurring otherwise than through theexpiration 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)

NRS 278.050 Meetings;rules; records; continuances.

1. The commission shall hold at least one regularmeeting in each month.

2. The commission shall adopt rules for transaction ofbusiness and shall keep a record of its resolutions, transactions, findings anddeterminations, which record is a public record.

3. Except as otherwise provided in subsection 4, in acounty whose population is 400,000 or more, the commission shall not grant toan applicant or his authorized representative more than two continuancesrequested by the applicant or his authorized representative on the same matter,unless the commission determines, upon good cause shown, that the granting ofadditional continuances is warranted. If the commission grants a continuancepursuant to this subsection for good cause shown, the person on whose behalfthe continuance was granted must make a good faith effort to resolve the issuesconcerning which the continuance was requested.

4. An applicant or his authorized representative mayrequest a continuance on a matter on behalf of an officer or employee of a cityor county, a member of the commission or any owner of property that may bedirectly affected by the matter. If the commission grants the continuance, thecontinuance must not be counted toward the limitation on the granting ofcontinuances set forth in subsection 3 relating to that matter.

5. As used in this section:

(a) Applicant means the person who owns the propertyto which the application pending before the commission pertains.

(b) Good cause includes, without limitation:

(1) The desire by the applicant or his authorizedrepresentative to:

(I) Revise plans, drawings or otherdocuments relating to the matter;

(II) Engage in negotiations concerning thematter with any person or governmental entity; or

(III) Retain counsel to represent him inthe matter.

(2) Circumstances relating to the matter thatare beyond the control of the applicant or his authorized representative.

[Part 6:110:1941; 1931 NCL 5063.05](NRS A 2003, 1734; 2005, 529)

NRS 278.060 Chairman:Election; term. The commission shall elect itschairman from among the appointed members. The term of chairman shall be 1year, with eligibility for reelection.

[Part 6:110:1941; 1931 NCL 5063.05]

NRS 278.070 Employees;consultants.

1. In addition to electing its chairman, thecommission shall create and fill such other of its offices as it may determine.

2. The commission may appoint such employees as it maydeem necessary for its work, whose appointment, promotion, demotion and removalshall be subject to the same provisions of law as govern other correspondingcivil employees of the municipality.

3. The commission may also contract with cityplanners, engineers, architects and other consultants for such services as itmay require.

[Part 6:110:1941; 1931 NCL 5063.05] + [Part7:110:1941; 1931 NCL 5063.06]

NRS 278.080 Expenditures. 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 thecommissions work.

[Part 7:110:1941; 1931 NCL 5063.06]

NRS 278.090 Regionalplanning commission: Creation; selection of representatives of governingbodies.

1. Except in a county in which a regional planningcommission is created pursuant to the provisions of NRS 278.026 to 278.029, inclusive, the board of countycommissioners of any county alone or in collaboration with the governing bodyof the incorporated cities in the county or any of them or in collaborationwith the board or boards of county commissioners of any adjacent county orcounties, or the governing bodies of adjacent cities may establish a regionalplanning commission to consist of representatives of the county or counties orcities or region within the county or counties where the local governmentbodies participate in the formation of the regional planning commission.

2. The commission may also contain representatives ofthe municipalities to be selected in a manner to be determined by ordinanceadopted by the governing bodies of the municipalities, or municipalities andthe county or counties concerned.

[Part 4:110:1941; A 1947, 834; 1943 NCL 5063.03](NRS A 1989, 767)

NRS 278.100 Regionalplanning commission: Members; terms; membership on city or county planningcommission not public office; compensation; removal; vacancies.

1. The ordinance must specify the membership of thecommission, which must consist of not less than six members or more than 12members.

2. The ordinance must provide that the term of eachmember is 4 years, or until his successor takes office, except that the termsof two of the members first appointed are 3 years, and the respective terms oftwo members first appointed are 1 and 2 years. No more than one-third of themembers may hold any other public office. For the purposes of this subsection,membership on the planning commission of a county or city must not beconsidered holding a public office.

3. The governing body creating the commission shall,by resolution, provide what compensation, if any, each of the members shallreceive for his services as a member, not to exceed $40 per meeting or a totalof $200 per month.

4. Members may be removed, after public hearing, by amajority vote of the governing body, for inefficiency, neglect of duty ormalfeasance of office.

5. All appointments to fill vacancies must be for theunexpired term.

[Part 4:110:1941; A 1947, 834; 1943 NCL 5063.03](NRS A 1959, 14; 1979, 1386; 1987, 987)

NRS 278.110 Regionalplanning commission: Chairman; employees.

1. Annually, each county or regional planningcommission shall elect a chairman from its own members.

2. It shall have power to employ experts, clerks and asecretary, and to pay for their services and such other expenses as may benecessary and proper, not exceeding, in all, the annual appropriation that maybe made by the county or counties or municipalities for the commission,together with such other funds as may be made available through grant, gift orother means.

[Part 4:110:1941; A 1947, 834; 1943 NCL 5063.03](NRS A 1959, 84)

NRS 278.120 Regionalplanning commission: Appropriation of money for expenses.

1. The governing body of each municipality and of eachcounty included within a regional planning district is authorized independentlyor in collaboration with other governing bodies, in their discretion, toappropriate from the funds received by the county or municipality from generaltaxation or other source money for the expenses of the regional or countyplanning commission.

2. The county or counties or municipal corporationsshall not be chargeable with any expense incurred by the planning commissionexcept pursuant to such an appropriation.

[Part 4:110:1941; A 1947, 834; 1943 NCL 5063.03]

NRS 278.130 Regionalplanning commission: Performance of duties and functions of city or countyplanning commission; regional or intergovernmental decisions.

1. If the governing body of a city or countycollaborates in the creation of a regional planning commission and does notcreate a separate city or county planning commission, the regional planningcommission shall perform for the city or county all the duties and functionsdelegated 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 andfunctions pursuant to NRS 278.010 to 278.630, inclusive, which parallel theduties and functions of a city or county planning commission, the city orcounty planning commission has the responsibility for making decisionspertaining to planning which have a local effect, and the regional planningcommission has the responsibility for making decisions pertaining to planningwhich have a regional or intergovernmental effect.

[Part 5:110:1941; A 1947, 834; 1943 NCL 5063.04](NRS A 1987, 988)

NRS 278.140 Regionalplanning districts: Formation and functions.

1. The formation of regional planning districts isauthorized and a regional planning commission may be created, in accordancewith the provisions of NRS 278.010 to 278.630, inclusive, in lieu of separatecity 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 portionof a political subdivision, two or more contiguous political subdivisions orcontiguous portions of two or more political subdivisions.

3. All territory embraced within a regional planningdistrict shall be contiguous, except where the regional district is composed oftwo or more municipalities such territories need not be contiguous.

4. In a regional planning district, a regionalplanning commission shall function in all respects in accordance with theprovisions of NRS 278.010 to 278.630, inclusive, except that the plansof the regional planning commission shall coordinate the plans of any city orcounty planning commission within the region.

5. Reports required by NRS 278.010 to 278.630, inclusive, to be made to agoverning body of a city or a county shall be made to the governing body ofeach city or county within the region, and the procedure set forth in NRS 278.010 to 278.630, inclusive, for action with respectto maps or subdivisions shall not be followed by the regional planningcommission for subdivisions which lie within any territory in which thereexists a functioning county or city planning commission.

[Part 5:110:1941; A 1947, 834; 1943 NCL 5063.04]

NRS 278.145 Reportof location of utility project.

1. Each public utility which owns an interest in or isengaged in the construction or operation of a utility project, or on whosebehalf the utility project is constructed, which is located in a region orcounty whose population is 100,000 or more shall, within 60 days after theutility project has been approved for construction, report the location of theutility project to the planning commission of each city, county or region inwhich it is located.

2. The planning commission of each city, county orregion shall maintain a record of each report it receives from a public utilitypursuant to subsection 1.

(Added to NRS by 1991, 952)

NRS 278.147 Facilitiesfor use, manufacture, processing, transfer or storage of explosives or certainother substances; conditional use permit required for operation; applicationfor and issuance of conditional use permit.

1. No person may commence operation in this State of afacility where an explosive, a highly hazardous substance designated pursuantto NRS 459.3816 if present in aquantity equal to or greater than the amount designated pursuant to NRS 459.3816, or a hazardous substancelisted in the regulations adopted pursuant to NRS 459.3833 will be used, manufactured,processed, transferred or stored without first obtaining a conditional usepermit therefor from the governing body of the city or county in which thefacility is to be located. Each governing body shall establish by localordinance, in accordance with the provisions of this section, the proceduresfor obtaining such a permit.

2. An application for a conditional use permit must befiled with the planning commission of the city, county or region in which thefacility is to be located. The planning commission shall, within 90 days afterthe filing of an application, hold a public hearing to consider theapplication. The planning commission shall, at least 30 days before the date ofthe hearing, cause notice of the time, date, place and purpose of the hearingto be:

(a) Sent by mail or, if requested by a party to whomnotice must be provided pursuant to this paragraph, by electronic means ifreceipt of such an electronic notice can be verified, to:

(1) The applicant;

(2) Each owner or tenant of real propertylocated within 1,000 feet of the property in question;

(3) The owner, as listed on the countyassessors records, of each of the 30 separately owned parcels nearest theproperty in question, to the extent this notice does not duplicate the noticegiven pursuant to subparagraph (2);

(4) If a mobile home park or multiple-unitresidence is located within 1,000 feet of the property in question, each tenantof that mobile home park or multiple-unit residence;

(5) Any advisory board that has been establishedfor the affected area by the governing body;

(6) The Administrator of the Division ofEnvironmental Protection of the State Department of Conservation and NaturalResources;

(7) The State Fire Marshal; and

(8) The Administrator of the Division ofIndustrial Relations of the Department of Business and Industry; and

(b) Published in a newspaper of general circulationwithin 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 theproperty in question and a description of all explosives, and all substancesdescribed in subsection 1, that will be located at the facility.

4. In considering the application, the planningcommission shall:

(a) Consult with:

(1) Local emergency planning committees;

(2) The Administrator of the Division ofEnvironmental Protection of the State Department of Conservation and NaturalResources;

(3) The State Fire Marshal;

(4) The Administrator of the Division ofIndustrial Relations of the Department of Business and Industry; and

(5) The governing body of any other city orcounty that may be affected by the operation of the facility; and

(b) Consider fully the effect the facility will have onthe health and safety of the residents of the city, county or region.

5. The planning commission shall, within a reasonabletime after the public hearing, submit to the governing body its recommendationsfor any actions to be taken on the application. If the planning commissionrecommends that a conditional use permit be granted to the applicant, theplanning commission shall include in its recommendations such terms andconditions for the operation of the facility as it deems necessary for theprotection of the health and safety of the residents of the city, county orregion.

6. The governing body shall, within 30 days after thereceipt of the recommendations of the planning commission, hold a public hearingto consider the application. The governing body shall:

(a) Cause notice of the hearing to be given in themanner prescribed by subsection 2; and

(b) Grant or deny the conditional use permit within 30days after the public hearing.

7. Notwithstanding any provision of this section tothe contrary, the provisions of this section do not apply to the miningindustry.

8. As used in this section, explosive means amaterial subject to regulation as an explosive pursuant to NRS 459.3816.

(Added to NRS by 1999, 1135; A 2001, 1444; 2003, 1611)

NRS 278.150 Masterplan: Preparation and adoption by planning commission; adoption by governingbody of city or county.

1. The planning commission shall prepare and adopt acomprehensive, long-term general plan for the physical development of the city,county or region which in the commissions judgment bears relation to theplanning thereof.

2. The plan must be known as the master plan, and mustbe so prepared that all or portions thereof, except as otherwise provided insubsections 3 and 4, may be adopted by the governing body, as provided in NRS 278.010 to 278.630, inclusive, as a basis for thedevelopment of the city, county or region for such reasonable period of timenext ensuing after the adoption thereof as may practically be covered thereby.

3. In counties whose population is 100,000 or more butless than 400,000, if the governing body of the city or county adopts only aportion of the master plan, it shall include in that portion a conservationplan, a housing plan and a population plan as provided in NRS 278.160.

4. In counties whose population is 400,000 or more,the governing body of the city or county shall adopt a master plan for all ofthe city or county that must address each of the subjects set forth insubsection 1 of NRS 278.160.

[Part 8:110:1941; A 1947, 834; 1943 NCL 5063.07](NRS A 1973, 1241; 1979, 530; 1995, 2225; 2001, 1679)

NRS 278.160 Subjectmatter of master plan.

1. Except as otherwise provided in subsection 4 of NRS 278.150 and subsection 3 of NRS 278.170, the master plan, with theaccompanying charts, drawings, diagrams, schedules and reports, may includesuch of the following subject matter or portions thereof as are appropriate tothe city, county or region, and as may be made the basis for the physicaldevelopment thereof:

(a) Community design. Standards and principlesgoverning the subdivision of land and suggestive patterns for community designand development.

(b) Conservation plan. For the conservation,development and utilization of natural resources, including, withoutlimitation, 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 plan must alsocover the reclamation of land and waters, flood control, prevention and controlof the pollution of streams and other waters, regulation of the use of land instream channels and other areas required for the accomplishment of theconservation plan, prevention, control and correction of the erosion of soilsthrough proper clearing, grading and landscaping, beaches and shores, andprotection of watersheds. The plan must also indicate the maximum tolerablelevel of air pollution.

(c) Economic plan. Showing recommended schedules forthe allocation and expenditure of public money in order to provide for theeconomical and timely execution of the various components of the plan.

(d) Historical properties preservation plan. Aninventory of significant historical, archaeological and architecturalproperties as defined by a city, county or region, and a statement of methodsto encourage the preservation of those properties.

(e) Housing plan. The housing plan must include,without limitation:

(1) An inventory of housing conditions, needsand plans and procedures for improving housing standards and for providingadequate housing.

(2) An inventory of affordable housing in thecommunity.

(3) An analysis of the demographiccharacteristics of the community.

(4) A determination of the present andprospective need for affordable housing in the community.

(5) An analysis of any impediments to thedevelopment of affordable housing and the development of policies to mitigatethose impediments.

(6) An analysis of the characteristics of theland that is the most appropriate for the construction of affordable housing.

(7) An analysis of the needs and appropriatemethods for the construction of affordable housing or the conversion orrehabilitation of existing housing to affordable housing.

(8) A plan for maintaining and developingaffordable housing to meet the housing needs of the community.

(f) Land use plan. An inventory and classification oftypes of natural land and of existing land cover and uses, and comprehensiveplans for the most desirable utilization of land. The land use plan:

(1) Must address, if applicable, mixed-usedevelopment, transit-oriented development, master-planned communities andgaming enterprise districts.

(2) May include a provision concerning theacquisition and use of land that is under federal management within the city,county or region, including, without limitation, a plan or statement of policyprepared pursuant to NRS 321.7355.

(g) Population plan. An estimate of the totalpopulation which the natural resources of the city, county or region willsupport on a continuing basis without unreasonable impairment.

(h) Public buildings. Showing locations and arrangementof civic centers and all other public buildings, including the architecturethereof and the landscape treatment of the grounds thereof.

(i) Public services and facilities. Showing generalplans for sewage, drainage and utilities, and rights-of-way, easements andfacilities therefor, including, without limitation, any utility projectsrequired to be reported pursuant to NRS278.145.

(j) Recreation plan. Showing a comprehensive system ofrecreation areas, including, without limitation, natural reservations, parks,parkways, trails, reserved riverbank strips, beaches, playgrounds and otherrecreation areas, including, when practicable, the locations and proposeddevelopment thereof.

(k) Rural neighborhoods preservation plan. In anycounty whose population is 400,000 or more, showing general plans to preservethe character and density of rural neighborhoods.

(l) Safety plan. In any county whose population is400,000 or more, identifying potential types of natural and man-made hazards,including, without limitation, hazards from floods, landslides or fires, orresulting from the manufacture, storage, transfer or use of bulk quantities ofhazardous materials. The plan may set forth policies for avoiding or minimizingthe risks from those hazards.

(m) School facilities plan. Showing the generallocations of current and future school facilities based upon informationfurnished by the appropriate local school district.

(n) Seismic safety plan. Consisting of anidentification and appraisal of seismic hazards such as susceptibility tosurface ruptures from faulting, to ground shaking or to ground failures.

(o) Solid waste disposal plan. Showing general plansfor the disposal of solid waste.

(p) Streets and highways plan. Showing the generallocations and widths of a comprehensive system of major traffic thoroughfaresand other traffic ways and of streets and the recommended treatment thereof,building line setbacks, and a system of naming or numbering streets andnumbering houses, with recommendations concerning proposed changes.

(q) Transit plan. Showing a proposed multimodal systemof transit lines, including mass transit, streetcar, motorcoach and trolleycoach lines, paths for bicycles and pedestrians, satellite parking and relatedfacilities.

(r) Transportation plan. Showing a comprehensivetransportation system, including, without limitation, locations ofrights-of-way, terminals, viaducts and grade separations. The plan may alsoinclude port, harbor, aviation and related facilities.

2. The commission may prepare and adopt, as part ofthe master plan, other and additional plans and reports dealing with such othersubjects as may in its judgment relate to the physical development of the city,county or region, and nothing contained in NRS278.010 to 278.630, inclusive,prohibits the preparation and adoption of any such subject as a part of themaster 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)

NRS 278.170 Coordinationof master plans; adoption of all or parts.

1. Except as otherwise provided in subsections 2 and3, the commission may prepare and adopt all or any part of the master plan orany subject thereof for all or any part of the city, county or region. Masterregional plans must be coordinated with similar plans of adjoining regions, andmaster county and city plans within each region must be coordinated so as tofit properly into the master plan for the region.

2. In counties whose population is 100,000 or more butless than 400,000, if the commission prepares and adopts less than all subjectsof the master plan, as outlined in NRS278.160, it shall include, in its preparation and adoption, theconservation, housing and population plans described in that section.

3. In counties whose population is 400,000 or more,the commission shall prepare and adopt a master plan for all of the city orcounty that must address each of the subjects set forth in subsection 1 of NRS 278.160.

[Part 8:110:1941; A 1947, 834; 1943 NCL 5063.07](NRS A 1973, 1243; 1979, 530; 1995, 2228; 2001, 1682)

NRS 278.180 Schoolsites: Commission to notify school boards of preparation of plans for communityand public buildings. The county and cityplanning commission shall, during the formulation of plans for community designand public buildings, notify the governing boards of school districts havingjurisdiction of the areas considered of the preparation of such plans to theend 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 Noticeof plan for future construction of school. Whenthe board of trustees of a school district develops a plan for the futureconstruction of one or more schools, it shall notify each city, county orregional planning commission any part of whose territory will be served by aproposed school. The notice must include the grades to be taught, the number ofpupils to be accommodated, and the area to be served. The board shall notifyeach 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 NRS278.349)

NRS 278.190 Commissionto promote public interest in master plan: Powers.

1. The commission shall endeavor to promote publicinterest in and understanding of the master plan and of official plans andregulations relating thereto. As a means of furthering the purpose of a masterplan, the commission shall annually make recommendations to the governing bodyfor the implementation of the plan.

2. It also shall consult and advise with publicofficials and agencies, public utility companies, civic, educational,professional and other organizations, and with citizens generally with relationto the carrying out of such plans.

3. The commission, and its members, officers andemployees, in the performance of their functions, may enter upon any land andmake examinations and surveys and place and maintain necessary monuments andmarks thereon.

4. In general, the commission shall have such power asmay be necessary to enable it to fulfill its functions and carry out theprovisions of NRS 278.010 to 278.630, inclusive.

[Part 8:110:1941; A 1947, 834; 1943 NCL 5063.07](NRS A 1973, 1826)

NRS 278.200 Formof master plan. The master plan shall be amap, together with such charts, drawings, diagrams, schedules, reports,ordinances, or other printed or published material, or any one or a combinationof 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)

NRS 278.210 Adoptionof master plan and amendments by commission: Notice; hearing; neighborhoodmeeting; resolution; frequency of certain amendments; attested copies;certification by electronic means.

1. Before adopting the master plan or any part of itin accordance with NRS 278.170, or anysubstantial amendment thereof, the commission shall hold at least one publichearing thereon, notice of the time and place of which must be given at leastby 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 anewspaper in each county within the regional district, at least 10 days beforethe day of the hearing.

2. Before a public hearing may be held pursuant tosubsection 1 in a county whose population is 100,000 or more on an amendment toa master plan, including, without limitation, a gaming enterprise district, ifapplicable, the person who requested the proposed amendment must hold aneighborhood meeting to provide an explanation of the proposed amendment.Notice of such a meeting must be given by the person requesting the proposedamendment to:

(a) Each owner, as listed on the county assessorsrecords, of real property located within a radius of 750 feet of the area towhich the proposed amendment pertains;

(b) The owner, as listed on the county assessorsrecords, of each of the 30 separately owned parcels nearest to the area towhich the proposed amendment pertains, to the extent this notice does notduplicate the notice given pursuant to paragraph (a); and

(c) Each tenant of a mobile home park if that park islocated within a radius of 750 feet of the area to which the proposed amendmentpertains.

The noticemust be sent by mail at least 10 days before the neighborhood meeting andinclude the date, time, place and purpose of the neighborhood meeting.

3. Except as otherwise provided in NRS 278.225, the adoption of the masterplan, or of any amendment, extension or addition thereof, must be by resolutionof the commission carried by the affirmative votes of not less than two-thirdsof the total membership of the commission. The resolution must refer expresslyto the maps, descriptive matter and other matter intended by the commission toconstitute the plan or any amendment, addition or extension thereof, and theaction taken must be recorded on the map and plan and descriptive matter by theidentifying signatures of the secretary and chairman of the commission.

4. Except as otherwise provided in NRS 278.225, no plan or map, hereafter, mayhave indicated thereon that it is a part of the master plan until it has beenadopted as part of the master plan by the commission as herein provided for theadoption thereof, whenever changed conditions or further studies by thecommission 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 forthin paragraph (f) of subsection 1 of NRS278.160, or any portion of such a land use plan, more than four times in acalendar year. The provisions of this subsection do not apply to:

(a) A change in the land use designated for aparticular 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, extensionof or addition to the master plan adopted by the planning commission of anycity, county or region in accordance with NRS278.170 must be certified to the governing body of the city, county orregion. The governing body of the city, county or region may authorize suchcertification by electronic means.

7. An attested copy of any part, amendment, extensionof or addition to the master plan adopted by any regional planning commissionmust be certified to the county planning commission and to the board of countycommissioners of each county within the regional district. The county planningcommission and board of county commissioners may authorize such certificationby electronic means.

[10:110:1941; 1931 NCL 5063.09](NRS A 2001, 1682, 2805, 2816; 2005, 185, 1591)

NRS 278.220 Adoptionof master plan by governing body: Notice; hearing; procedure for changes inplan. Except as otherwise provided insubsection 4 of NRS 278.150 and NRS 278.225:

1. Upon receipt of a certified copy of the masterplan, or of any part thereof, as adopted by the planning commission, thegoverning body may adopt such parts thereof as may practicably be applied tothe development of the city, county or region for a reasonable period of timenext ensuing.

2. The parts must thereupon be endorsed and certifiedas master plans thus adopted for the territory covered, and are hereby declaredto be established to conserve and promote the public health, safety and generalwelfare.

3. Before adopting any plan or part thereof, thegoverning body shall hold at least one public hearing thereon, notice of thetime and place of which must be published at least once in a newspaper ofgeneral circulation in the city or counties at least 10 days before the day ofhearing.

4. No change in or addition to the master plan or anypart thereof, as adopted by the planning commission, may be made by thegoverning body in adopting the same until the proposed change or addition hasbeen referred to the planning commission for a report thereon and an attestedcopy of the report has been filed with the governing body. Failure of theplanning commission so to report within 40 days, or such longer period as maybe designated by the governing body, after such reference shall be deemed to beapproval 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 Governingbody may establish by ordinance procedure for adopting minor amendments tomaster plan; public hearing and notice required before adoption of ordinance.

1. A governing body may establish by ordinance aprocedure by which the governing body may adopt minor amendments to the masterplan, or any part thereof, without action by the planning commission.

2. Before adopting an ordinance or a minor amendmentpursuant to subsection 1, the governing body shall hold a public hearing andgive notice of the hearing in the manner required by subsection 3 of NRS 278.220.

3. As used in this section, unless the contextotherwise requires, minor amendment means:

(a) A change in a boundary that is based on ageographical feature, including, without limitation, topography, slopes,hydrographic features, wetland delineation and floodplains, when evidence isproduced that the mapped location of the geographical feature is in error;

(b) A change made to reflect the alteration of the nameof 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 lawto make such an alteration; and

(c) An update of statistical information that is basedon a new or revised study.

(Added to NRS by 2005, 185)

NRS 278.230 Governingbody to put adopted master plan into effect.

1. Except as otherwise provided in subsection 4 of NRS 278.150, whenever the governing body ofany city or county has adopted a master plan or part thereof for the city orcounty, or for any major section or district thereof, the governing body shall,upon recommendation of the planning commission, determine upon reasonable andpractical means for putting into effect the master plan or part thereof, inorder that the same will serve as:

(a) A pattern and guide for that kind of orderlyphysical growth and development of the city or county which will cause theleast amount of natural resource impairment and will conform to the adoptedpopulation plan, where required, and ensure an adequate supply of housing,including affordable housing; and

(b) A basis for the efficient expenditure of fundsthereof relating to the subjects of the master plan.

2. The governing body may adopt and use such procedureas 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)

NRS 278.240 Approvalrequired for certain dedications, closures, abandonments, construction or authorizations. Whenever the governing body of a city, county or regionhas adopted a master plan, or one or more subject matters thereof, for thecity, 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 bydedication or otherwise, except by bequest, and no street or public way may beclosed or abandoned, and no public building or structure may be constructed orauthorized in the area for which the master plan or one or more subject mattersthereof has been adopted by the governing body unless the dedication, closure,abandonment, construction or authorization is approved in a manner consistentwith the requirements of the governing body, board or commission havingjurisdiction over such a matter.

[12:110:1941; 1931 NCL 5063.11](NRS A 1997, 2419)

NRS 278.243 Cityor county authorized to represent own interests in certain matters if governingbody has adopted master plan. A city or countywhose governing body has adopted a master plan pursuant to NRS 278.220 may represent its own interestswith respect to land and appurtenant resources that are located within the cityor county and are affected by policies and activities involving the use offederal land.

(Added to NRS by 1999, 1421)

NRS 278.246 Cityor county authorized to enter into certain actions if governing body hasadopted master plan.

1. Except as otherwise provided in subsection 2, acity 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 actionin its own name and on its own behalf; or

(b) Intervene on behalf of or bring and maintain anaction on the relation of, any person in any meritorious case,

in any courtor before any federal agency, if an action or proposed action by a federalagency or instrumentality with respect to the lands, appurtenant resources orstreets that are located within the city or county impairs or tends to impairthe traditional functions of the city or county or the carrying out of themaster plan.

2. A city or county may not:

(a) Bring and maintain an action pursuant to subsection1 that would request a court to grant relief that would violate a statestatute;

(b) Participate in any proceeding of a federal agencypursuant to subsection 1 to request the federal agency to take any action thatwould violate a state statute; or

(c) Bring or maintain an action pursuant to subsection1 on behalf of this State or as representative of the interests of this Stateor any of its agencies.

(Added to NRS by 1999, 1421)

NRS 278.250 Zoningdistricts and regulations.

1. For the purposes of NRS 278.010 to 278.630, inclusive, the governing body maydivide the city, county or region into zoning districts of such number, shapeand area as are best suited to carry out the purposes of NRS 278.010 to 278.630, inclusive. Within the zoningdistrict, 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 inaccordance 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 theprotection of other natural and scenic resources from unreasonable impairment.

(c) To consider existing views and access to solarresources by studying the height of new buildings which will cast shadows onsurrounding residential and commercial developments.

(d) To reduce the consumption of energy by encouragingthe use of products and materials which maximize energy efficiency in theconstruction of buildings.

(e) To provide for recreational needs.

(f) To protect life and property in areas subject tofloods, landslides and other natural disasters.

(g) To conform to the adopted population plan, ifrequired by NRS 278.170.

(h) To develop a timely, orderly and efficientarrangement of transportation and public facilities and services, includingpublic access and sidewalks for pedestrians, and facilities and services forbicycles.

(i) To ensure that the development on land iscommensurate with the character and the physical limitations of the land.

(j) To take into account the immediate and long-rangefinancial impact of the application of particular land to particular kinds ofdevelopment, 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 ofhousing for the community, including the development of affordable housing.

(m) To ensure the protection of existing neighborhoodsand communities, including the protection of rural preservation neighborhoods.

(n) To promote systems which use solar or wind energy.

3. The zoning regulations must be adopted withreasonable consideration, among other things, to the character of the area andits peculiar suitability for particular uses, and with a view to conserving thevalue of buildings and encouraging the most appropriate use of land throughoutthe city, county or region.

4. Inexercising the powers granted in this section, the governing body may use any controlsrelating to land use or principles of zoning that the governing body determinesto be appropriate, including, without limitation, density bonuses, inclusionaryzoning and minimum density zoning.

5. As used inthis section:

(a) Densitybonus means an incentive granted by a governing body to a developer of realproperty that authorizes the developer to build at a greater density than wouldotherwise be allowed under the master plan, in exchange for an agreement by thedeveloper to perform certain functions that the governing body determines to besocially desirable, including, without limitation, developing an area toinclude a certain proportion of affordable housing.

(b) Inclusionaryzoning means a type of zoning pursuant to which a governing body requires orprovides incentives to a developer who builds residential dwellings to build acertain percentage of those dwellings as affordable housing.

(c) Minimum density zoning means a type of zoningpursuant to which development must be carried out at or above a certain densityto 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)

NRS 278.260 Determination,establishment, enforcement and amendment of zoning districts, regulations andrestrictions: Notice and hearing; transmittal of information regardingapplication for recommendations to town board, citizens advisory council ortown advisory board of certain unincorporated towns; signs; additionalprerequisites for approval of certain applications in larger counties.

1. The governing body shall provide for the manner inwhich zoning regulations and restrictions and the boundaries of zoningdistricts are determined, established, enforced and amended.

2. A zoning regulation, restriction or boundary, or anamendment thereto, must not become effective until after transmittal of a copyof the relevant application to the town board, citizens advisory council ortown advisory board pursuant to subsection 5, if applicable, and after a publichearing at which parties in interest and other persons have an opportunity tobe heard. The governing body shall cause notice of the time and place of thehearing to be:

(a) Published in an official newspaper, or a newspaperof general circulation, in the city, county or region; and

(b) Mailed to each tenant of a mobile home park if thatpark is located within 300 feet of the property in question,

at least 10days before the hearing.

3. If a proposed amendment involves a change in theboundary of a zoning district in a county whose population is less than100,000, the governing body shall, to the extent this notice does not duplicatethe notice required by subsection 2, cause a notice of the hearing to be sentat least 10 days before the hearing to:

(a) The applicant;

(b) Each owner, as listed on the county assessorsrecords, of real property located within 300 feet of the portion of theboundary being changed;

(c) The owner, as listed on the county assessorsrecords, of each of the 30 separately owned parcels nearest to the portion ofthe boundary being changed, to the extent this notice does not duplicate the noticegiven pursuant to paragraph (b); and

(d) Any advisory board which has been established forthe affected area by the governing body.

The noticemust be sent by mail or, if requested by a party to whom notice must beprovided pursuant to paragraphs (a) to (d), inclusive, by electronic means if receiptof such an electronic notice can be verified, and must be written in languagewhich is easy to understand. The notice must set forth the time, place andpurpose of the hearing and a physical description of or a map detailing theproposed change, must indicate the existing zoning designation and the proposedzoning designation of the property in question, and must contain a briefsummary of the intent of the proposed change. If the proposed amendment involvesa change in the boundary of the zoning district that would reduce the densityor intensity with which a parcel of land may be used, the notice must include asection that an owner of property may complete and return to the governing bodyto indicate his approval of or opposition to the proposed amendment.

4. If a proposed amendment involves a change in theboundary 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 thenotice required by subsection 2, cause a notice of the hearing to be sent atleast 10 days before the hearing to:

(a) The applicant;

(b) Each owner, as listed on the county assessorsrecords, of real property located within 750 feet of the portion of theboundary being changed;

(c) The owner, as listed on the county assessorsrecords, of each of the 30 separately owned parcels nearest to the portion ofthe boundary being changed, to the extent this notice does not duplicate thenotice given pursuant to paragraph (b);

(d) Each tenant of a mobile home park if that park islocated within 750 feet of the property in question; and

(e) Any advisory board which has been established forthe affected area by the governing body.

The noticemust be sent by mail or, if requested by a party to whom notice must beprovided pursuant to paragraphs (a) to (e), inclusive, by electronic means if receiptof such an electronic notice can be verified, and must be written in languagewhich is easy to understand. The notice must set forth the time, place andpurpose of the hearing and a physical description of or a map detailing theproposed change, must indicate the existing zoning designation and the proposedzoning designation of the property in question, and must contain a briefsummary of the intent of the proposed change. If the proposed amendmentinvolves a change in the boundary of the zoning district that would reduce thedensity or intensity with which a parcel of land may be used, the notice mustinclude a section that an owner of property may complete and return to thegoverning body to indicate his approval of or opposition to the proposedamendment.

5. If an application is filed with the governing bodyand the application involves a change in the boundary of a zoning districtwithin an unincorporated town that is located more than 10 miles from anincorporated city, the governing body shall, at least 10 days before thehearing on the application is held pursuant to subsection 2, transmit a copy ofany information pertinent to the application to the town board, citizensadvisory council or town advisory board, whichever is applicable, of theunincorporated town. The town board, citizens advisory council or town advisoryboard may make recommendations regarding the application and submit its recommendationsbefore the hearing on the application is held pursuant to subsection 2. Thegoverning body or other authorized person or entity conducting the hearingshall consider any recommendations submitted by the town board, citizensadvisory council or town advisory board regarding the application and, within10 days after making its decision on the application, shall transmit a copy ofits decision to the town board, citizens advisory council or town advisoryboard.

6. In a county whose population is 400,000 or more, ifa 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 anotice sent by electronic means,

must bear astatement, in at least 10-point bold type or font, in substantially thefollowing form:

 

OFFICIAL NOTICE OFPUBLIC HEARING

 

7. In addition to sending the notice required pursuantto subsection 4, in a county whose population is 400,000 or more, the governingbody shall, not later than 10 days before the hearing, erect or cause to beerected on the property at least one sign not less than 2 feet high and 2 feetwide. The sign must be made of material reasonably calculated to withstand theelements for 40 days. The governing body must be consistent in its use ofcolors for the background and lettering of the sign. The sign must include thefollowing information:

(a) The existing zoning designation of the property inquestion;

(b) The proposed zoning designation of the property inquestion;

(c) The date, time and place of the public hearing;

(d) A telephone number which may be used by interestedpersons to obtain additional information; and

(e) A statement which indicates whether the proposed zoningdesignation of the property in question complies with the requirements of themaster plan of the city or county in which the property is located.

8. A sign required pursuant to subsection 7 is forinformational purposes only and must be erected regardless of any localordinance regarding the size, placement or composition of signs to thecontrary.

9. A governing body may charge an additional fee foreach application to amend an existing zoning regulation, restriction orboundary to cover the actual costs resulting from the mailed notice required bythis section and the erection of not more than one of the signs required bysubsection 7, if any. The additional fee is not subject to the limitationimposed by NRS 354.5989.

10. The governing body shall remove or cause to beremoved any sign required by subsection 7 within 5 days after the final hearingfor the application for which the sign was erected. There must be no additionalcharge to the applicant for such removal.

11. If a proposed amendment involves a change in theboundary of a zoning district in a county whose population is 400,000 or morethat would reduce the density or intensity with which a parcel of land may beused and at least 20 percent of the property owners to whom notices were sentpursuant to subsection 4 indicate in their responses opposition to the proposedamendment, the governing body shall not approve the proposed amendment unlessthe governing body:

(a) Considers separately the merits of each aspect ofthe proposed amendment to which the owners expressed opposition; and

(b) Makes a written finding that the public interestand necessity will be promoted by approval of the proposed amendment.

12. The governing body of a county whose population is400,000 or more shall not approve a zoning regulation, restriction or boundary,or an amendment thereof, that affects any unincorporated area of the countythat is surrounded completely by the territory of an incorporated city withoutsending a notice to the governing body of the city. The governing body of thecity, or its designee, must submit any recommendations to the governing body ofthe county within 15 days after receiving the notice. The governing body of thecounty shall consider any such recommendations. If the governing body of thecounty does not accept a recommendation, the governing body of the county, orits 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)

NRS 278.262 Hearingexaminers: Power of governing body to appoint. Thegoverning body of any county or city may appoint as many full-time or part-timehearing examiners as are necessary or appropriate to assist the planning commissionand the governing body in acting upon proposals for changes in zoning classification,zoning districts, special use permits, variances and other matters affectingzoning.

(Added to NRS by 1973, 337; A 1977, 1017; 1979, 371)

NRS 278.263 Hearingexaminers: Compensation; qualifications; removal.

1. Hearing examiners appointed under the authority of NRS 278.262 are entitled to receive suchcompensation as is considered necessary by the governing body and shall possessqualifications similar to those of a licensed architect, attorney, engineer ora member of the American Institute of Certified Planners.

2. Hearing examiners serve at the pleasure of thegoverning body in accordance with any appropriate personnel ordinance orregulation.

(Added to NRS by 1973, 337; A 1995, 453)

NRS 278.264 Hearingexaminers: Rules of procedure. Upon the determinationof any governing body that a hearing examiner is to be employed and before anyhearings are conducted utilizing his services, an ordinance shall be enacted settingforth rules of procedure for the processing and hearing of applications whichare to be considered by a hearing examiner.

(Added to NRS by 1973, 338)

NRS 278.265 Hearingexaminers: Notice and hearing; duties and powers; final action on certainmatters; appeal of final action.

1. Any ordinance enacted pursuant to the provisions ofNRS 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 forththe duties and powers of the hearing examiner, including a statement of whetherthe hearing examiner may take final action on any matter assigned to him by thegoverning body.

3. Except as otherwise provided in subsection 4, thegoverning body may authorize the hearing examiner to take final action onmatters relating to a variance, vacation, abandonment, special use permit,conditional use permit and other special exception or application specified inthe ordinance.

4. The governing body shall not authorize the hearingexaminer to take final action on:

(a) Matters relating to a zoning classification, zoningdistrict or an amendment to a zoning boundary.

(b) An application for a conditional use permit that isfiled pursuant to NRS 278.147.

5. An applicant or protestant may appeal any finalaction taken by the hearing examiner in accordance with the ordinance adoptedpursuant to NRS 278.3195.

(Added to NRS by 1973, 338; A 1995, 453; 1997, 2422; 1999, 1137; 2001, 2805)

ZONING BOARDS OF ADJUSTMENT

NRS 278.270 Creation. The governing body of any county or of any city whichenacts zoning regulations under the authority of NRS 278.010 to 278.630, inclusive, may provide byordinance 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 appointedmembers.

2. Any ordinance providing for the appointment ofmembers must prescribe:

(a) The manner of appointment and compensation of themembers.

(b) The terms of the members, which must be arranged sothat no more than two will expire each year.

3. If the members of the board are appointed, nomember may hold another public office except that one member may also be amember of the planning commission.

4. Members who are appointed may be removed after apublic hearing for inefficiency, neglect of duty or malfeasance of office.

5. Vacancies must be filled for the unexpired term ofany 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 ofthe chairman and at such other times as the board may determine. The chairman,or in his absence the acting chairman, may administer oaths and compel theattendance of witnesses. All meetings of the board must be open to the public.

2. The board shall adopt rules in accordance with theprovisions 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 tovote, indicating such fact, and audio recordings or transcripts of itsproceedings, and shall keep records of its examinations and other officialactions, 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.

[Part 15:110:1941; A 1955, 197](NRS A 2005, 1408)

NRS 278.300 Powers.

1. The board of adjustment shall have the followingpowers:

(a) To hear and decide appeals where it is alleged bythe appellant that there is an error in any order, requirement, decision orrefusal made by an administrative official or agency based on or made in theenforcement of any zoning regulation or any regulation relating to the locationor soundness of structures.

(b) To hear and decide, in accordance with theprovisions of any such regulation, requests for variances, or forinterpretation of any map, or for decisions upon other special questions uponwhich 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 theenactment of the regulation, or by reason of exceptional topographic conditionsor other extraordinary and exceptional situation or condition of the piece ofproperty, the strict application of any regulation enacted under NRS 278.010 to 278.630, inclusive, would result inpeculiar and exceptional practical difficulties to, or exceptional and unduehardships upon, the owner of the property, to authorize a variance from thatstrict application so as to relieve the difficulties or hardship, if the reliefmay be granted without substantial detriment to the public good, withoutsubstantial impairment of affected natural resources and without substantiallyimpairing the intent and purpose of any ordinance or resolution.

(d) To hear and decide requests for special use permitsor other special exceptions, in such cases and under such conditions as theregulations may prescribe.

2. The majority vote of the board of adjustment isnecessary to reverse any order, requirement, decision or determination of anyadministrative 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)

NRS 278.310 Appeals:Persons entitled to appeal to board of adjustment; procedure; appeals fromdecisions of board of adjustment; alternative procedure if board of adjustmenthas 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 inability to obtain abuilding permit, or by the decision of any administrative officer or agencybased upon or made in the course of the administration or enforcement of theprovisions of any zoning regulation or any regulation relating to the locationor soundness of structures.

(b) Any officer, department, board or bureau of thecity or county affected by the grant or refusal of a building permit or byother decision of an administrative officer or agency based on or made in thecourse of the administration or enforcement of the provisions of any zoningregulations.

2. Except as otherwise provided in subsection 4, thetime within which an appeal must be made, and the form of other procedure relatingthereto, must be as specified in the general rules provided by the governingbody to govern the procedure of the board of adjustment and in the supplementalrules of procedure adopted by the board of adjustment.

3. Each governing body which has created a board ofadjustment pursuant to NRS 278.270 shalladopt an ordinance providing that any person who is aggrieved by a decision ofthe board of adjustment regarding an appeal of an administrative decision mayappeal the decision of the board of adjustment. An ordinance that a governingbody is required to adopt pursuant to this subsection must either:

(a) Comply with subsection 2 of NRS 278.3195, thereby requiring theaggrieved person first to appeal the decision of the board of adjustment to thegoverning body; or

(b) Set forth a separate procedure which allows theaggrieved person to appeal the decision of the board of adjustment directly tothe district court of the proper county by filing a petition for judicialreview within 25 days after the date of filing of notice of the decision withthe clerk or secretary of the board of adjustment, as provided in NRS 278.0235.

4. If the governing body has not created a board ofadjustment pursuant to NRS 278.270, anyperson aggrieved by the decision of an administrative officer or agency, asdescribed in subsection 1, may appeal the decision in accordance with the ordinanceadopted pursuant to NRS 278.3195.

[16:110:1941; 1931 NCL 5063.15](NRS A 2001, 2806)

SPECIAL EXCEPTIONS

NRS 278.315 Grantingof variances, special and conditional use permits and other special exceptionsby board of adjustment, planning commission or hearing examiner: Application;notice; hearing; transmittal of information regarding application forrecommendations to town board, citizens advisory council or town advisoryboard of certain unincorporated towns; appeal; signs; fee; exception.

1. The governing body may provide by ordinance for thegranting of variances, special use permits, conditional use permits or otherspecial exceptions by the board of adjustment, the planning commission or ahearing examiner appointed pursuant to NRS278.262. The governing body may impose this duty entirely on the board,commission or examiner, respectively, or provide for the granting of enumeratedcategories of variances, special use permits, conditional use permits orspecial exceptions by the board, commission or examiner.

2. A hearing to consider an application for thegranting of a variance, special use permit, conditional use permit or specialexception must be held before the board of adjustment, planning commission orhearing examiner within 65 days after the filing of the application, unless alonger time or a different process of review is provided in an agreemententered 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 atleast 10 days before the hearing to:

(a) The applicant;

(b) Each owner of real property, as listed on thecounty assessors records, located within 300 feet of the property in question;

(c) If a mobile home park is located within 300 feet ofthe property in question, each tenant of that mobile home park; and

(d) Any advisory board which has been established forthe affected area by the governing body.

4. Except as otherwise provided in subsection 7, in acounty 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 thehearing to:

(a) The applicant;

(b) If the application is for a deviation of at least10 percent but not more than 30 percent from a standard for development:

(1) Each owner, as listed on the countyassessors records, of real property located within 100 feet of the property inquestion; and

(2) Each tenant of a mobile home park locatedwithin 100 feet of the property in question;

(c) If the application is for a special use permit or adeviation of more than 30 percent from a standard for development:

(1) Each owner, as listed on the countyassessors records, of real property located within 500 feet of the property inquestion;

(2) The owner, as listed on the countyassessors records, of each of the 30 separately owned parcels nearest theproperty in question, to the extent this notice does not duplicate the noticegiven pursuant to subparagraph (1); and

(3) Each tenant of a mobile home park locatedwithin 500 feet of the property in question;

(d) If the application is for a project of regionalsignificance, as that term is described in NRS278.02542:

(1) Each owner, as listed on the countyassessors records, of real property located within 750 feet of the property inquestion;

(2) The owner, as listed on the countyassessors records, of each of the 30 separately owned parcels nearest theproperty in question, to the extent this notice does not duplicate the noticegiven pursuant to subparagraph (1); and

(3) Each tenant of a mobile home park locatedwithin 750 feet of the property in question; and

(e) Any advisory board which has been established forthe affected area by the governing body.

5. If an application is filed with the governing bodyfor the issuance of a special use permit with regard to property situatedwithin an unincorporated town that is located more than 10 miles from anincorporated city, the governing body shall, at least 10 days before thehearing on the application is held pursuant to subsection 2, transmit a copy ofany information pertinent to the application to the town board, citizensadvisory council or town advisory board, whichever is applicable, of theunincorporated town. The town board, citizens advisory council or townadvisory board may make recommendations regarding the application and submitits recommendations before the hearing on the application is held pursuant tosubsection 2. The governing body or other authorized person or entity conductingthe hearing shall consider any recommendations submitted by the town board,citizens advisory council or town advisory board regarding the applicationand, within 10 days after making its decision on the application, shalltransmit a copy of its decision to the town board, citizens advisory councilor town advisory board.

6. An applicant or a protestant may appeal a decisionof the board of adjustment, planning commission or hearing examiner inaccordance with the ordinance adopted pursuant to NRS 278.3195.

7. In a county whose population is 400,000 or more, ifthe application is for the issuance of a special use permit for anestablishment which serves alcoholic beverages for consumption on or off of thepremises as its primary business in a district which is not a gaming enterprisedistrict 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 andpurpose of the hearing to:

(1) The applicant;

(2) Each owner, as listed on the countyassessors records, of real property located within 1,500 feet of the propertyin question;

(3) The owner, as listed on the countyassessors records, of each of the 30 separately owned parcels nearest theproperty in question, to the extent this notice does not duplicate the noticegiven pursuant to subparagraph (2);

(4) Each tenant of a mobile home park locatedwithin 1,500 feet of the property in question; and

(5) Any advisory board which has beenestablished for the affected area by the governing body; and

(b) Erect or cause to be erected on the property, atleast one sign not less than 2 feet high and 2 feet wide. The sign must be madeof material reasonably calculated to withstand the elements for 40 days. Thegoverning body must be consistent in its use of colors for the background andlettering of the sign. The sign must include the following information:

(1) The existing permitted use and zoningdesignation of the property in question;

(2) The proposed permitted use of the propertyin question;

(3) The date, time and place of the publichearing; and

(4) A telephone number which may be used byinterested persons to obtain additional information.

8. A sign required pursuant to subsection 7 is forinformational purposes only and must be erected regardless of any localordinance regarding the size, placement or composition of signs to thecontrary.

9. A governing body may charge an additional fee foreach application for a special use permit to cover the actual costs resultingfrom 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 beremoved any sign required by subsection 7 within 5 days after the final hearingfor the application for which the sign was erected. There must be no additionalcharge to the applicant for such removal.

11. The notice required to be provided pursuant tosubsections 3, 4 and 7 must be sent by mail or, if requested by a party to whomnotice must be provided pursuant to those subsections, by electronic means ifreceipt of such an electronic notice can be verified, and must be written inlanguage which is easy to understand. The notice must set forth the time, placeand purpose of the hearing and a physical description or map of the property inquestion.

12. The provisions of this section do not apply to anapplication 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)

NRS 278.319 Grantingof minor deviations without hearing; appeal.

1. The governing body may adopt an ordinance thatauthorizes the director of planning or another person or agency to grant adeviation of less than 10 percent from requirements for land use establishedwithin a zoning district without conducting a hearing. The ordinance mustrequire an applicant for such a deviation to obtain the written consent of theowner of any real property that would be affected by the deviation.

2. If the director of planning or other authorizedperson or agency grants a deviation in accordance with its authority delegatedpursuant to subsection 1, the director of planning or other authorized personor agency shall ensure that the deviation will not impair the purpose of thezoning district or any regulations adopted by the governing body pursuant to NRS 278.250.

3. An applicant or other aggrieved person may appealthe decision of the director of planning or other authorized person or agencyin 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 Governingbody to adopt ordinance allowing appeal to governing body concerning certaindecisions regarding use of land; required contents of ordinance; appeal ofdecision of governing body to district court.

1. Except as otherwise provided in NRS 278.310, each governing body shalladopt an ordinance providing that any person who is aggrieved by a decision of:

(a) The planning commission, if the governing body hascreated a planning commission pursuant to NRS278.030;

(b) The board of adjustment, if the governing body hascreated a board of adjustment pursuant to NRS278.270;

(c) A hearing examiner, if the governing body hasappointed a hearing examiner pursuant to NRS278.262; or

(d) Any other person appointed or employed by thegoverning body who is authorized to make administrative decisions regarding theuse of land,

may appealthe decision to the governing body. In a county whose population is 400,000 ormore, a person shall be deemed to be aggrieved under an ordinance adoptedpursuant to this subsection if the person appeared, either in person, throughan authorized representative or in writing, before a person or entity describedin paragraphs (a) to (d), inclusive, on the matter which is the subject of thedecision.

2. Except as otherwise provided in NRS 278.310, an ordinance adopted pursuantto subsection 1 must set forth, without limitation:

(a) The period within which an appeal must be filedwith the governing body.

(b) The procedures pursuant to which the governing bodywill hear the appeal.

(c) That the governing body may affirm, modify orreverse a decision.

(d) The period within which the governing body mustrender its decision except that:

(1) In a county whose population is 400,000 ormore, that period must not exceed 45 days.

(2) In a county whose population is less than400,000, that period must not exceed 60 days.

(e) That the decision of the governing body is a finaldecision for the purpose of judicial review.

(f) That, in reviewing a decision, the governing bodywill be guided by the statement of purpose underlying the regulation of theimprovement of land expressed in NRS 278.020.

(g) That the governing body may charge the appellant afee for the filing of an appeal.

3. In addition to the requirements set forth in subsection2, in a county whose population is 400,000 or more, an ordinance adoptedpursuant to subsection 1 must:

(a) Set forth procedures for the consolidation ofappeals; and

(b) Prohibit the governing body from granting to anaggrieved person more than two continuances on the same matter, unless thegoverning body determines, upon good cause shown, that the granting ofadditional continuances is warranted.

4. Any person who:

(a) Has appealed a decision to the governing body inaccordance with an ordinance adopted pursuant to subsection 1; and

(b) Is aggrieved by the decision of the governing body,

may appealthat decision to the district court of the proper county by filing a petitionfor judicial review within 25 days after the date of filing of notice of thedecision with the clerk or secretary of the governing body, as set forth in NRS 278.0235.

(Added to NRS by 2001, 2803; A 2003, 1734)

DIVISIONS OF LAND

Subdivision of Land: General Provisions

NRS 278.320 Subdivisiondefined; 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 development, or anyproposed transfer or development, unless exempted by one of the followingprovisions:

(a) The term subdivision does not apply to anydivision 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 bedeemed a single interest in land.

(c) Unless a method of disposition is adopted for thepurpose of evading this chapter or would have the effect of evading thischapter, the term subdivision does not apply to:

(1) Any division of land which is ordered by anycourt in this State or created by operation of law;

(2) A lien, mortgage, deed of trust or any othersecurity instrument;

(3) A security or unit of interest in anyinvestment trust regulated under the laws of this State or any other interestin an investment entity;

(4) Cemetery lots; or

(5) An interest in oil, gas, minerals orbuilding materials, which are now or hereafter severed from the surfaceownership of real property.

2. A common-interest community consisting of five ormore units shall be deemed to be a subdivision of land within the meaning ofthis section, but need only comply with NRS278.326 to 278.460, inclusive, and 278.473 to 278.490, inclusive.

3. The board of county commissioners of any county mayexempt 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 anonprofit corporation organized and existing pursuant to the provisions of chapter 81 or 82of NRS which is an immediate successor in title to a railroad company, and theland was in the past used in connection with any railroad operation; and

(b) Other persons now permanently reside on the land.

4. This chapter does not apply to the division of landfor agricultural purposes into parcels of more than 10 acres, if a street,road, or highway opening or widening or easement of any kind is not involved.

[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)

NRS 278.325 Mappingfor industrial or commercial development; restriction on sale of parcel forresidential use; requirements for creating boundary by conveyance.

1. If a subdivision is proposed on land which is zonedfor industrial or commercial development, neither the tentative nor the finalmap need show any division of the land into lots or parcels, but the streetsand 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 usefrom a subdivision whose final map does not show a division of the land intolots.

3. Except as otherwise provided in subsection 4, a boundaryor line must not be created by a conveyance of a parcel from an industrial orcommercial subdivision unless a professional land surveyor has surveyed theboundary or line and set the monuments. The surveyor shall file a record of thesurvey pursuant to the requirements set forth in NRS 625.340. Any conveyance of such aparcel must contain a legal description of the parcel that is independent ofthe record of survey.

4. The provisions of subsection 3 do not apply to aboundary or line that is created entirely within an existing industrial orcommercial building. A certificate by a professional engineer or registeredarchitect which certifies compliance with the applicable building code must beattached to any document which proposes to subdivide a building.

(Added to NRS by 1969, 723; A 1993, 2560; 2005, 2668)

NRS 278.326 Enactmentof local ordinance governing improvements and related subjects.

1. Local subdivision ordinances shall be enacted bythe governing body of every incorporated city and every county, prescribingregulations which, in addition to the provisions of NRS 278.010 to 278.630, inclusive, govern matters ofimprovements, mapping, accuracy, engineering and related subjects, but shallnot be in conflict with NRS 278.010 to 278.630, inclusive.

2. The subdivider shall comply with the provisions ofthe appropriate local ordinance before the final map is approved.

[23:110:1941; 1931 NCL 5063.22](NRS A 1973, 1769;1977, 1500)(Substituted in revision for NRS 278.370)

NRS 278.327 Approvalof map does not preclude further division. Approvalof any map pursuant to the provisions of NRS278.010 to 278.630, inclusive, doesnot in itself prohibit the further division of the lots, parcels, sites, unitsor plots described, but any such further division shall conform to theapplicable provisions of those sections.

(Added to NRS by 1975, 1562; A 1977, 1496)

NRS 278.328 Finalaction on tentative map and final map: Appeal. Thegoverning body may, by ordinance, authorize the planning commission to takefinal action on a tentative map and a final map. Any person aggrieved by thecommissions action may appeal the commissions decision in accordance with theordinance adopted pursuant to NRS 278.3195.

(Added to NRS by 1987, 658; A 1997, 2424; 2001, 2808)

NRS 278.329 Relieffrom requirement to dedicate certain easements. Agoverning body or its authorized representative may relieve a person whoproposes to divide land pursuant to NRS278.360 to 278.460, inclusive, or 278.471 to 278.4725, inclusive, from the requirementto dedicate easements to public utilities that provide gas, electric,telecommunications, water and sewer services and any franchised communityantenna television companies pursuant to paragraph (d) or (e) of subsection 9of NRS 278.372 or paragraph (c) or (d)of subsection 4 of NRS 278.472 if theperson demonstrates to the public body or its authorized representative thatthere is not an essential nexus to the public purpose for the dedication andthe dedication is not roughly proportional in nature and extent to the impactof the proposed development.

(Added to NRS by 2003, 2345)

Subdivision of Land: Tentative Maps

NRS 278.330 Preparationof tentative map; filing and distribution of copies; action by planningcommission.

1. The initial action in connection with the making ofany subdivision is the preparation of a tentative map.

2. The subdivider shall file copies of the map withthe planning commission or its designated representative, or with the clerk ofthe governing body if there is no planning commission, together with a filingfee in an amount determined by the governing body.

3. The commission, its designated representative, theclerk or other designated representative of the governing body or, whenauthorized by the governing body, the subdivider or any other appropriateagency shall distribute copies of the map and any accompanying data to allstate and local agencies and persons charged with reviewing the proposedsubdivision.

4. If there is no planning commission, the clerk ofthe governing body shall submit the tentative map to the governing body at itsnext regular meeting.

5. Except as otherwise provided by subsection 6, ifthere is a planning commission, it shall:

(a) In a county whose population is 400,000 or more,within 45 days; or

(b) In a county whose population is less than 400,000,within 60 days,

afteraccepting as a complete application a tentative map, recommend approval,conditional approval or disapproval of the map in a written report filed withthe governing body.

6. If the governing body has authorized the planningcommission to take final action on a tentative map, the planning commissionshall:

(a) In a county whose population is 400,000 or more,within 45 days; or

(b) In a county whose population is less than 400,000,within 60 days,

afteraccepting as a complete application a tentative map, approve, conditionallyapprove or disapprove the tentative map in the manner provided for in NRS 278.349. The planning commission shallfile 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)

NRS 278.335 Reviewof tentative map by agencies of State; inspections by district board of health.

1. A copy of the tentative map must be forwarded bythe planning commission or its designated representative, or if there is noplanning commission, the clerk or other designated representative of thegoverning body, for review to:

(a) The Division of Water Resources and the Division ofEnvironmental Protection of the State Department of Conservation and NaturalResources;

(b) The district board of health acting for theDivision of Environmental Protection pursuant to subsection 2; and

(c) If the subdivision is subject to the provisions of NRS 704.6672, the Public UtilitiesCommission of Nevada.

2. In a county whose population is 100,000 or more, ifthe county and one or more incorporated cities in the county have established adistrict board of health, the authority of the Division of EnvironmentalProtection to review and certify proposed subdivisions and to conductconstruction or installation inspections must be exercised by the districtboard of health.

3. A district board of health which conducts reviewsand inspections under this section shall consider all the requirements of thelaw concerning sewage disposal, water pollution, water quality and water supplyfacilities. At least four times annually, the district board of health shallnotify the Division of Environmental Protection which subdivisions met theserequirements of law and have been certified by the district board of health.

4. The State is not chargeable with any expense incurredby a district board of health acting pursuant to this section.

5. Each reviewing agency shall, within 15 days afterthe receipt of the tentative map, file its written comments with the planningcommission or the governing body recommending approval, conditional approval ordisapproval 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 Reviewby city of tentative map of subdivision proposed to be located within 1 mile ofboundary of city. Except as otherwise providedin a comprehensive regional plan adopted pursuant to NRS 278.026 to 278.029, inclusive, whenever a subdividerproposes to subdivide any land within 1 mile of the boundary of a city, theplanning commission of the county or its designated representative, or, ifthere is no planning commission, the clerk or other designated representativeof the governing body of the county shall forward a copy of the tentative mapto 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 Reviewby county of tentative map of subdivision proposed to be located within 1 mileof boundary of unincorporated area of county. Whenevera subdivider proposes to subdivide any land within an incorporated city in acounty whose population is 100,000 or more, and the proposed subdivision iswithin 1 mile of the boundary of an unincorporated area of the county, theplanning commission of the city or its designated representative, or, if thereis no planning commission, the governing body of the city or its designatedrepresentative shall forward a copy of the subdividers tentative map:

1. To the planning commission of the county for reviewand 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 themap to the governing body of the county at its next regular meeting for reviewand comment.

(Added to NRS by 1963, 102; A 1969, 1539; 1973, 1768;1979, 530; 1989, 1917; 1993, 2563)

NRS 278.346 Tentativemap to be forwarded to school board; acquisition or disposal of school site.

1. The planning commission or its designatedrepresentative, or, if there is no planning commission, the clerk or otherdesignated representative of the governing body shall forward a copy of thetentative map to the board of trustees of the school district within which theproposed subdivision is located. Within 15 days after receipt of the copy, theboard of trustees shall, if a school site is needed within the area, notify thecommission or governing body that a site is requested.

2. If the board of trustees requests a site, theperson proposing the subdivision shall set aside a site of the size which isdetermined by the board. The person proposing the subdivision and the board oftrustees shall negotiate for the price of the site, which must not exceed thefair market value of the land as determined by an independent appraisal paidfor by the board. If any land purchased by a school district pursuant to theprovisions of this subsection have not been placed in use as a school site atthe end of 10 years from the date of purchase, the land must be offered to thesubdivider or his successor in interest at a sale price equal to the fairmarket value. If such person does not accept the offer, then the board oftrustees may:

(a) Sell or lease such property in the manner providedin 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 isdetermined to be in the best interests of the school district.

3. Except as provided in subsection 4, when any landdedicated to the use of the public school system or any land purchased and usedas a school site becomes unsuitable, undesirable or impractical for any schooluses or purposes, the board of trustees of the county school district in whichthe land is located shall dispose of the land as provided in subsection 2.

4. Land dedicated under the provisions of former NRS 116.020, as it read beforeApril 6, 1961, which the board of trustees determines is unsuitable,undesirable or impractical for school purposes may be reconveyed without costto the dedicator or his successor or successors in interest.

(Added to NRS by 1977, 1499; A 1993, 2563)

NRS 278.347 Reviewof tentative map by general improvement district. Whenany subdivider proposes to subdivide land, any part of which is located withinthe boundaries of any general improvement district organized or reorganizedpursuant to chapter 318 of NRS, the planningcommission or its designated representative, or, if there is no planningcommission, the clerk or other designated representative of the governing bodyshall file a copy of the subdividers tentative map with the board of trusteesof the district. The board of trustees may within 30 days review and comment inwriting upon the map to the planning commission or governing body. The planningcommission or governing body shall take any such comments into considerationbefore approving the tentative map.

(Added to NRS by 1977, 424; A 1993, 2564)

NRS 278.348 Reviewof tentative map by irrigation district in county whose population is less than100,000. In any county whose population isless than 100,000, when any subdivider proposes to subdivide land, any part ofwhich is located within the boundaries of any irrigation district organizedpursuant to chapter 539 of NRS, the planningcommission or its designated representative, or, if there is no planningcommission, the clerk or other designated representative of the governing bodyshall file a copy of the subdividers tentative map with the board of directorsof the district. The board of directors shall within 30 days review and commentin writing upon the map to the planning commission or governing body. The planningcommission or governing body shall take those comments into considerationbefore approving the tentative map.

(Added to NRS by 1987, 1391; A 1993, 2564)

NRS 278.3485 Reviewof tentative map by subdivider of land on which irrigation ditch is located andwhich is outside boundaries of irrigation district in county whose populationis less than 100,000.

1. In any county whose population is less than100,000, when any subdivider proposes to subdivide land which is locatedoutside the boundaries of any irrigation district organized pursuant to chapter 539 of NRS on which an irrigation ditchis located, the planning commission or its designated representative, or ifthere is no planning commission, the clerk or other designated representativeof the governing body, shall forward a copy of the subdividers tentative map,by certified or registered mail, to the last known address of the owner ofrecord of any land to which the irrigation ditch is appurtenant that is on filein the office of the county assessor pursuant to this section. An owner ofrecord who receives a copy of a subdividers tentative map shall, within 30days after receiving the map, review and comment in writing upon the map to theplanning commission or governing body. The planning commission or governingbody shall take those comments into consideration before approving the tentativemap.

2. A subdivider whose tentative map is provided to anowner of record pursuant to this section is responsible for any costs incurredby the planning commission or its designated representative, or by the clerk orother designated representative of the governing body, in identifying the ownerof record and providing a copy of the tentative map to the owner of record.

(Added to NRS by 2003, 974)

NRS 278.349 Actionon tentative map by governing body; considerations in determining action ontentative map; final disposition.

1. Except as otherwise provided in subsection 2, thegoverning body, if it has not authorized the planning commission to take finalaction, 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 400,000 or more,within 45 days; or

(b) In a county whose population is less than 400,000,within 60 days,

afterreceipt of the planning commissions recommendations.

2. If there is no planning commission, the governingbody shall approve, conditionally approve or disapprove a tentative map:

(a) In a county whose population is 400,000 or more,within 45 days; or

(b) In a county whose population is less than 400,000,within 60 days,

after themap is filed with the clerk of the governing body.

3. The governing body, or planning commission if it isauthorized to take final action on a tentative map, shall consider:

(a) Environmental and health laws and regulationsconcerning water and air pollution, the disposal of solid waste, facilities tosupply water, community or public sewage disposal and, where applicable,individual systems for sewage disposal;

(b) The availability of water which meets applicablehealth standards and is sufficient in quantity for the reasonably foreseeableneeds of the subdivision;

(c) The availability and accessibility of utilities;

(d) The availability and accessibility of publicservices such as schools, police protection, transportation, recreation andparks;

(e) Conformity with the zoning ordinances and masterplan, except that if any existing zoning ordinance is inconsistent with themaster plan, the zoning ordinance takes precedence;

(f) General conformity with the governing bodys masterplan of streets and highways;

(g) The effect of the proposed subdivision on existingpublic streets and the need for new streets or highways to serve thesubdivision;

(h) Physical characteristics of the land such asfloodplain, slope and soil;

(i) The recommendations and comments of those entitiesand persons reviewing the tentative map pursuant to NRS 278.330 to 278.3485, inclusive; and

(j) The availability and accessibility of fireprotection, including, but not limited to, the availability and accessibilityof water and services for the prevention and containment of fires, includingfires in wild lands.

4. The governing body or planning commission shall, byan affirmative vote of a majority of all the members, make a final dispositionof the tentative map. Any disapproval or conditional approval must include astatement 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)

NRS 278.350 Limitationson time for action on tentative or final map. Unlessa longer time is provided in an agreement entered into pursuant to NRS 278.0201:

1. The time limit for acting and reporting on atentative or final map may be extended by mutual consent of the subdivider andthe governing body or planning commission, as the case may be.

2. If no action is taken within the time limits setforth in NRS 278.010 to 278.630, inclusive, a tentative map asfiled shall be deemed to be approved, and the clerk of the governing body, orthe planning commission if it has been authorized to take final action, shallcertify the map as approved.

3. The time limits set forth in NRS 278.010 to 278.630, inclusive, for tentative and finalmaps are suspended for a period, not to exceed 1 year, during which this Stateor the Federal Government takes any action to protect the environment or anendangered species which prohibits, stops or delays the processing of atentative map or the development, processing or recordation of a final map.

[Part 22:110:1941; 1931 NCL 5063.21](NRS A 1977,1499; 1985, 2116; 1987, 660, 1304; 1991, 299; 1997, 2425)

NRS 278.353 Disclosurerequired when property offered for sale before final map recorded. If any property in a subdivision is offered for salebefore a final map is recorded for that subdivision, the seller or his agentshall 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 Requirementsfor presentation of final map or series of final maps; extensions of time.

1. Unless a longer time is provided in an agreemententered into pursuant to NRS 278.0201:

(a) Unless the time is extended, the subdivider shallpresent to the governing body, or the planning commission or the director ofplanning or other authorized person or agency if authorized to take finalaction by the governing body, within 2 years after the approval of a tentativemap:

(1) A final map, prepared in accordance with thetentative map, for the entire area for which a tentative map has been approved;or

(2) The first of a series of final maps coveringa portion of the approved tentative map. If the subdivider elects to present asuccessive map in a series of final maps, each covering a portion of theapproved tentative map, the subdivider shall present to the governing body, orthe planning commission or the director of planning or other authorized personor agency if authorized to take final action by the governing body, on orbefore the anniversary of the date on which the subdivider recorded the firstin the series of final maps:

(I) A final map, prepared in accordancewith the tentative map, for the entire area for which the tentative map hasbeen approved; or

(II) The next final map in the series offinal maps covering a portion of the approved tentative map.

(b) If the subdivider fails to comply with theprovisions of paragraph (a), all proceedings concerning the subdivision areterminated.

(c) The governing body or planning commission may grantan extension of not more than 1 year for the presentation of any final mapafter the 1-year period for presenting a successive final map has expired.

2. If the subdivider is presenting in a timely mannera 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 theseries may be placed on the map when an extension of time is granted unless therequirement is directly attributable to a change in applicable laws whichaffect 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)

NRS 278.371 Survey,setting of monuments and preparation of final map; performance bond.

1. The survey, setting of monuments and final map mustbe made by a professional land surveyor licensed in the State of Nevada.

2. The final monuments must be set before therecordation of the final map unless the subdivider furnishes a performance bondor other suitable assurance to the governing body or planning commissionguaranteeing that the subdivider will provide a professional land surveyor toset the monuments on or before a day certain. The governing body or planningcommission shall determine the amount of the performance bond, if any isrequired. If a surveyor other than the one signing the final plat acceptsresponsibility for the setting of monuments, a certificate of amendment must befiled and recorded.

3. The final monument must, except as otherwiseprovided in subsections 6 and 7, consist of a nonferrous tablet, disc or capsecurely attached to the top of a metallic shaft solidly embedded in theground, with a minimum diameter of 5/8 of an inch and a length sufficient toresist removal, and a mark for the exact point and stamped PLS followed bythe number of the professional land surveyors license.

4. Final monuments must be set at:

(a) Each corner of the boundary of the subdivision andat any point necessary to ensure that each monument on a given boundary can beseen from the next monument on that boundary.

(b) Intersections of centerlines of streets.

(c) Sufficient locations along the centerlines ofstreets so that the centerlines may be retraced. These locations may be at, oron an offset to, an angle to the centerline of a street, the center of acul-de-sac, a point which defines a curve (the beginning or end of a curve or apoint of intersection of a tangent) or an intersection with a boundary of thesubdivision.

(d) A position for a corner of the system ofrectangular surveys which is used as control in the survey required by thischapter to establish property lines and corners of the subdivision.

Thegoverning body shall, by ordinance, adopt any additional standards for thesetting of final monuments which are reasonably necessary, including theestablishment of Nevada state plane coordinates thereon pursuant to chapter 327 of NRS.

5. A final monument required in subsection 4 whichfalls in a paved area must:

(a) Consist of a well with lid placed so that the topof the tablet, disc or cap of the monument is not less than 4 inches below thesurface of the pavement; or

(b) Be of comparable construction as required by thegoverning body.

The monumentmust be set flush with the top of the pavement with such references as arerequired by the governing body.

6. If a point designated in subsection 4 falls onsolid bedrock or on a concrete or stone roadway, curb, gutter or walk, adurable nonferrous metal tablet, disc or cap must be securely anchored in therock or concrete and marked as required in subsection 3.

7. If a monument required by subsection 3 cannot beset because of steep terrain, water, marsh or existing structures, or if itwould be obliterated as a result of proposed construction, one or morereference monuments must be set. In addition to the physical requirements for amonument set forth in subsections 3 to 6, inclusive, the letters RM and WCmust be stamped in the tablet, disc or cap. If only one reference monument isused, 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 deemedfinal monuments.

8. A corner of a lot must be set by the land surveyorin 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 Finalmap: Requirements and contents.

1. The final map must be clearly and legibly drawn inpermanent black ink upon good tracing cloth or produced by the use of othermaterials of a permanent nature generally used for such purpose in theengineering profession. Affidavits, certificates and acknowledgments must belegibly stamped or printed upon the final map with permanent black ink.

2. The size of each sheet of the final map must be 24by 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 toshow all details clearly. The final map must have a sufficient number of sheetsto accomplish this end.

4. Each sheet of the final map must indicate itsparticular number, the total number of sheets in the final map and its relationto each adjoining sheet.

5. The final map must show all surveyed andmathematical information and data necessary to locate all monuments and tolocate and retrace all interior and exterior boundary lines appearing thereon,including the bearings and distances of straight lines, central angle, radiiand arc length for all curves and such information as may be necessary to determinethe location of the centers of curves.

6. Each lot must be numbered or lettered.

7. Each street must be named and each block may benumbered or lettered.

8. The exterior boundary of the land included withinthe 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 landin the subdivision in the following manner:

(1) In acres, calculated to the nearestone-hundredth of an acre, if the area is 2 acres or more; or

(2) In square feet if the area is less than 2acres.

(c) Any roads or easements of access which the ownerintends to offer for dedication.

(d) Except as otherwise provided in NRS 278.329, an easement for public utilitiesthat provide gas, electric and telecommunications services and for any communityantenna television companies that have a franchise to operate a communityantenna television system in that area.

(e) Except as otherwise provided in NRS 278.329, an easement for public utilitiesthat provide water and sewer services.

10. The final map for a condominium must alsoindicate, for the purpose of assessing taxes, whether any garage units, parkingspaces or storage units may be conveyed separately from the units within thecondominium or are parceled separately from those units. As used in thissubsection, condominium has the meaning ascribed to it in NRS 116.027.

11. The final map must also satisfy any additionalsurvey and map requirements, including the delineation of Nevada state planecoordinates established pursuant to chapter 327of NRS, for any corner of the subdivision or any other point prescribed by thelocal 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)

NRS 278.373 Certificatesand acknowledgments to appear on final map. Thecertificates and acknowledgments required by NRS116.2109 and 278.374 to 278.378, inclusive, must appear on a finalmap and may be combined where appropriate.

(Added to NRS by 1977, 1502; A 1991, 583)

NRS 278.374 Certificateof owner of land; report and guarantee of title company.

1. Except as otherwise provided in subsection 2, afinal map presented for filing must include a certificate signed andacknowledged, in the manner provided in NRS240.1665 or 240.167, by each personwho is an owner of the land:

(a) Consenting to the preparation and recordation ofthe final map.

(b) Offering for dedication that part of the land whichthe person wishes to dedicate for public use, subject to any reservationcontained therein.

(c) Reserving any parcel from dedication.

(d) Granting any permanent easement for utility orcommunity antenna television cable installation or access, as designated on thefinal map, together with a statement approving such easement, signed by thepublic utility, community antenna television company or person in whose favorthe easement is created or whose services are required.

2. If the map presented for filing is an amended mapof a common-interest community, the certificate need only be signed andacknowledged by a person authorized to record the map under chapter 116 of NRS.

3. A final map of a common-interest communitypresented for recording and, if required by local ordinance, a final map of anyother subdivision presented for recording must include:

(a) A report from a title company in which the titlecompany certifies that it has issued a guarantee for the benefit of the localgovernment which lists the names of:

(1) Each owner of record of the land to bedivided; and

(2) Each holder of record of a security interestin the land to be divided, if the security interest was created by a mortgageor a deed of trust.

Theguarantee accompanying a final map of a common-interest community must alsoshow that there are no liens of record against the common-interest community orany part thereof for delinquent state, county, municipal, federal or localtaxes or assessments collected as taxes or special assessments.

(b) The written consent of each holder of record of asecurity interest listed pursuant to subparagraph (2) of paragraph (a), to thepreparation and recordation of the final map. A holder of record may consent bysigning:

(1) The final map; or

(2) A separate document that is filed with thefinal map and declares his consent to the division of land.

4. For the purpose of this section, the followingshall 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 aguarantee of the type filed with the Commissioner of Insurance pursuant toparagraph (e) of subsection 1 of NRS692A.120.

(Added to NRS by 1977, 1502; A 1991, 583; 1993, 205,2337, 2378, 2566; 1995, 710; 2003, 2346)

NRS 278.375 Certificateof professional land surveyor. A final map presentedfor filing must include a certificate of the surveyor responsible for thesurvey. The certificate must be in the following form:

 

Surveyors Certificate

 

I,.........................(Name of Surveyor), a Professional Land Surveyorlicensed in the State of Nevada, certify that:

 

1. This platrepresents the results of a survey conducted under my direct supervision at theinstance of

(Owner,Trustee, Etc.).

2. The lands surveyed lie within.................................................................................

(Section, Township, Range, Meridianand, if required by the governing body, a description by metes and bounds forany subdivision which is divided into lots containing 5 acres in area or less),

and the survey was completedon............................................................. (date).

3. This plat complies with theapplicable state statutes and any local ordinances in effect on the date thatthe governing body gave its final approval.

4. The monuments depicted on theplat are of the character shown, occupy the positions indicated and are ofsufficient number and durability.

 

(OR)

4. The monuments depicted on theplat will be of the character shown and occupy the positions indicated by.............................. (a day certain) and an appropriate financialguarantee will be posted with the governing body before recordation to ensurethe installation of the monuments.

........................................................ LicenseNumber 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 Certificateby county or city surveyor or by county or city engineer.

1. A final map presented for filing must include acertificate by the county surveyor or county engineer if a subdivision lieswithin an unincorporated area, and if a subdivision lies within a city, acertificate by the city surveyor, city engineer or county surveyor when forthat purpose appointed by the governing body of the city, stating:

(a) That he has examined the final map; and

(b) That the map is technically correct and that if themonuments have not been set, that a proper performance bond has been depositedguaranteeing their setting on or before a day certain.

2. The person certifying the information required bythis section must be licensed as a professional land surveyor or civil engineerpursuant to chapter 625 of NRS.

(Added to NRS by 1977, 1503; A 1989, 792; 1991, 1890;1997, 1065)

NRS 278.377 Certificatesof certain governmental entities required; appeal from adverse decision ofDivision of Environmental Protection; copies of certain certificates to befurnished to subdivider and purchaser.

1. A final map presented for filing must include acertificate by:

(a) The Division of Environmental Protection of theState Department of Conservation and Natural Resources or the district board ofhealth acting pursuant to NRS 278.335indicating that the final map is approved concerning sewage disposal, waterpollution, water quality and water supply facilities. The district board ofhealth may not issue a certificate unless it has received:

(1) Written verification from the Division ofEnvironmental Protection that the final map has been approved by the Divisionwith regard to water pollution and sewage disposal in accordance with theNevada Water Pollution Control Law; and

(2) If the final map pertains to a subdivisionwhich is subject to the provisions of NRS704.6672, written verification from the Public Utilities Commission ofNevada that the final map has been approved by the Public Utilities Commissionwith regard to continuity and adequacy of water supply or sewer service, orboth, as applicable.

(b) The Division of Water Resources of the StateDepartment of Conservation and Natural Resources, showing that the final map isapproved by the Division of Water Resources concerning water quantity. If thefinal map pertains to a subdivision which is subject to the provisions of NRS 704.6672, the Division of WaterResources may not issue a certificate unless it has received writtenverification from the Public Utilities Commission of Nevada that the final maphas been approved by the Public Utilities Commission with regard to continuityand adequacy of water supply or sewer service, or both, as applicable.

2. Any person aggrieved by the issuance or denial ofapproval with regard to water pollution and sewage disposal by the Division ofEnvironmental Protection may appeal to the State Environmental Commission,which shall affirm, modify or reverse the action of the Division ofEnvironmental Protection. The State Environmental Commission shall adoptregulations providing the time within which appeals must be taken and themanner of taking the appeal to the State Environmental Commission.

3. A copy of the certificate by the Division of WaterResources required by subsection 1 must be furnished to the subdivider who inturn shall provide a copy of the certificate to each purchaser of land beforethe time the sale is completed. Any statement of approval as required in subsection1 is not a warranty or representation in favor of any person as to the safetyor quantity of such water.

(Added to NRS by 1977, 1504; A 1979, 706, 1919, 1920;1993, 2568; 2005, 560,693)

NRS 278.378 Certificateby clerk of governing body, planning commission or other authorized person oragency; clerk to present final map to county recorder for recording.

1. A final mappresented to the county recorder for recording must include a certificate bythe clerk of the governing body or planning commission, or the director ofplanning or other authorized person or agency if authorized to take finalaction by the governing body, stating that the governing body, planningcommission, director of planning or other authorized person or agency:

(a) Approvedthe map;

(b) Accepted orrejected on behalf of the public any parcel of land offered for dedication forpublic use in conformity with the terms of the offer of dedication; and

(c) Ifapplicable, determined that a public street, easement or utility easement thatwill not remain in effect after a merger and resubdivision of parcels conductedpursuant to NRS 278.4925, has beenvacated or abandoned in accordance with NRS278.480.

2. Thedirector of planning or, if there is no director of planning, the clerk of thegoverning body shall certify on the final map that it substantially complieswith the tentative map and all conditions have been met.

3. The clerk of the governing body or planningcommission shall cause the approved final map to be presented to the countyrecorder for recording.

(Added to NRS by 1977, 1504; A 1985, 566; 1987, 662; 1999, 788; 2001, 1759)

NRS 278.380 Approvalof final map: Acceptance of dedications; requirements to improve streets oreasements; security; appeal.

1. After receipt of the final map:

(a) The governing body or planning commission, at itsnext meeting; or

(b) If authorized by the governing body, the directorof planning or other authorized person or agency, within 10 days after the mapis accepted as a complete application by the governing body, planningcommission, the director of planning or other authorized person or agency,

shallapprove the map if it conforms to all the requirements of NRS 278.010 to 278.630, inclusive, and of any localordinance applicable at the time of approval of the final map, or any rulingsmade thereunder.

2. The governing body, planning commission or directorof planning or other authorized person or agency shall at that time also acceptor reject all offers of dedication and may, as a condition precedent to theacceptance of streets or easements, require that the subdivider improve oragree to improve the streets or easements.

3. If an agreement for a required improvement isentered into, the governing body or planning commission may require that theagreement be secured by a good and sufficient bond or other security in theamount determined by the governing body, planning commission or director ofplanning 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 thissection 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 extendeduntil 10 days after:

(a) The decision of the governing body on the appeal;or

(b) The decision of the district court, if the decisionof 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 Approvalof final map: Submission of plans to install water meters. The governing body, planning commission or director ofplanning or other authorized person or agency shall not approve any final mapfor a subdivision served by a public water system which it receives after May15, 1977, unless the subdivider has submitted plans which provide for theinstallation of water meters or other devices which will measure waterdelivered to each water user in the subdivision.

(Added to NRS by 1977, 1401; A 1987, 662; 1997, 2427)

NRS 278.390 Titleto dedicated property passes when final map recorded; offer of dedication mayremain open. Title to property dedicated oraccepted for streets and easements passes when the final map is recorded. If atthe time the final map is approved any streets are rejected, the offer ofdedication shall be deemed to remain open and the governing body or planningcommission may by resolution at any later date, and without further action bythe subdivider, rescind its action and accept and open the streets for publicuse. Such an acceptance must be recorded in the office of the county recorderand be so noted by the recorder on the subdivision plat, if the county recorderdoes not maintain a cumulative index for such plats and amendments. If such anindex is maintained, the county recorder shall direct an appropriate entry forthe acceptance or amendment.

[25:110:1941; 1931 NCL 5063.24](NRS A 1977, 1501;1987, 379, 662, 664; 1997, 2427)

NRS 278.450 Feefor recording final map. For the recordationof any final map, the county recorder shall collect a fee of $50 for the firstsheet of the map and $10 for each additional sheet. The fee must be depositedin 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 Requirementsfor recording final map; county recorder to provide copy of final map or accessto digital final map to county assessor.

1. A county recorder shall not record any final mapunless the map:

(a) Contains or is accompanied by the report of a titlecompany and all the certificates of approval, conveyance and consent requiredby the provisions of NRS 278.374 to 278.378, inclusive, and by the provisionsof any local ordinance; and

(b) Is accompanied by a written statement signed by thetreasurer of the county in which the land to be divided is located indicatingthat all property taxes on the land for the fiscal year have been paid and thatthe full amount of any deferred property taxes for the conversion of theproperty from agricultural use has been paid pursuant to NRS 361A.265.

2. The provisions of NRS278.010 to 278.630, inclusive, donot prevent the recording, pursuant to the provisions of NRS 278.010 to 278.630, inclusive, and any applicablelocal ordinances, of a map of any land which is not a subdivision, nor do NRS 278.010 to 278.630, inclusive, prohibit the recordingof a map in accordance with the provisions of any statute requiring therecording of professional land surveyors records of surveys.

3. A county recorder shall accept or refuse a finalmap for recordation within 10 days after its delivery to him.

4. A county recorder who records a final map pursuantto this section shall, within 7 working days after he records the final map,provide to the county assessor at no charge:

(a) A duplicate copy of the final map and anysupporting documents; or

(b) Access to the digital final map and any digitalsupporting documents. The map and supporting documents must be in a form thatis 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)

Parcel Maps

NRS 278.461 Generalrequirements; exemptions.

1. Except as otherwise provided in this section, aperson who proposes to divide any land for transfer or development into fourlots 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 commissionor its designated representative or, if there is no planning commission, withthe clerk of the governing body; and

(b) Pay a filing fee in an amount determined by thegoverning body,

unless theserequirements are waived or the provisions of NRS278.471 to 278.4725, inclusive,apply. The map must be accompanied by a written statement signed by thetreasurer of the county in which the land to be divided is located indicatingthat all property taxes on the land for the fiscal year have been paid.

2. If the parcel map is submitted to the clerk of thegoverning body, he shall submit the parcel map to the governing body at itsnext regular meeting.

3. A common-interest community consisting of fourunits or less shall be deemed to be a division of land within the meaning ofthis section, but need only comply with this section and NRS 278.371, 278.373 to 278.378, inclusive, 278.462, 278.464and 278.466.

4. A parcel map is not required when the division isfor the express purpose of:

(a) The creation or realignment of a publicright-of-way by a public agency.

(b) The creation or realignment of an easement.

(c) An adjustment of the boundary line between twoabutting parcels or the transfer of land between two owners of abuttingparcels, which does not result in the creation of any additional parcels, ifsuch an adjustment is approved pursuant to NRS278.5692 and is made in compliance with the provisions of NRS 278.5693.

(d) The purchase, transfer or development of spacewithin an apartment building or an industrial or commercial building.

(e) Carrying out an order of any court or dividing landas a result of an operation of law.

5. A parcel map is not required for any of thefollowing transactions involving land:

(a) The creation of a lien, mortgage, deed of trust orany other security instrument.

(b) The creation of a security or unit of interest inany investment trust regulated under the laws of this State or any otherinterest in an investment entity.

(c) Conveying an interest in oil, gas, minerals orbuilding materials, which is severed from the surface ownership of realproperty.

(d) Conveying an interest in land acquired by theDepartment of Transportation pursuant to chapter408 of NRS.

(e) Filing a certificate of amendment pursuant to NRS 278.473.

6. When two or more separate lots, parcels, sites,units or plots of land are purchased, they remain separate for the purposes ofthis section and NRS 278.468, 278.590 and 278.630. When the lots, parcels, sites, unitsor plots are resold or conveyed they are exempt from the provisions of NRS 278.010 to 278.630, inclusive, until further divided.

7. Unless a method of dividing land is adopted for thepurpose or would have the effect of evading this chapter, the provisions forthe division of land by a parcel map do not apply to a transaction exempted byparagraph (c) of subsection 1 of NRS 278.320.

[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)

NRS 278.462 Requirementswhich may be imposed by governing body. Thegoverning body or, if authorized by the governing body, the planning commissionor other authorized person:

1. May require street grading, drainage provisions andlot designs as are reasonably necessary.

2. If it anticipates, based upon duly adoptedordinances and plans, that the parcels will be used for residential, commercialor industrial purposes, may require off-site access, street alignment,surfacing and width, water quality, water supply and sewerage provisions onlyas necessary and consistent with the existing use of any land zoned for similaruse which is within 660 feet of the proposed parcel. If the proposed parcelsare less than 1 acre, the governing body or, if authorized by the governingbody, the planning commission or other authorized person may require additionalimprovements which are reasonably necessary and consistent with the use of theland if it is developed as proposed.

3. For a second or subsequent parcel map with respectto:

(a) A single parcel; or

(b) A contiguous tract of land under the sameownership,

may requireany reasonable improvement, but not more than would be required if the parcelwere a subdivision.

(Added to NRS by 1977, 1509; A 1991, 624; 1993, 2570;1995, 710; 2003, 656)

NRS 278.4625 Minimumsize of mobile home lot. The governing body ofa city or county may not require the minimum size of a mobile home lot that isindividually owned to be larger than the minimum size of a mobile home lot thatis leased to a tenant.

(Added to NRS by 1993, 1470)

NRS 278.463 Surveyrequired; exception. Except as otherwiseprovided in this section, a parcel map must be based on a survey made for thatpurpose. The county surveyor, city surveyor or professional land surveyorappointed by the governing body, may pursuant to NRS 278.464 waive the requirement of asurvey if, in his judgment, a survey is not required to accomplish the purposesof NRS 278.010 to 278.630, inclusive.

(Added to NRS by 1975, 1562; A 1993, 2571)

NRS 278.464 Actionon parcel map by planning commission, governing body or other authorized personor agency; waiver of requirement for map and survey; consideration of certaincriteria authorized in determining approval of certain parcel maps; appeals;certificate of approval of parcel map.

1. Except as otherwise provided in subsection 2, ifthere is a planning commission, it shall:

(a) In a county whose population is 400,000 or more,within 45 days; or

(b) In a county whose population is less than 400,000,within 60 days,

afteraccepting as a complete application a parcel map, recommend approval,conditional approval or disapproval of the map in a written report. Theplanning commission shall submit the parcel map and the written report to thegoverning body.

2. If the governing body has authorized the planningcommission to take final action on a parcel map, the planning commission shall:

(a) In a county whose population is 400,000 or more,within 45 days; or

(b) In a county whose population is less than 400,000,within 60 days,

afteraccepting as a complete application the parcel map, approve, conditionallyapprove or disapprove the map. The planning commission shall file its writtendecision with the governing body. Unless the time is extended by mutualagreement, if the planning commission is authorized to take final action and itfails to take action within the period specified in this subsection, the parcelmap shall be deemed approved.

3. If there is no planning commission or if thegoverning body has not authorized the planning commission to take final action,the governing body or, by authorization of the governing body, the director ofplanning or other authorized person or agency shall:

(a) In a county whose population is 400,000 or more,within 45 days; or

(b) In a county whose population is less than 400,000,within 60 days,

afteracceptance of the parcel map as a complete application by the governing bodypursuant to subsection 1 or pursuant to subsection 2 of NRS 278.461, review and approve,conditionally approve or disapprove the parcel map. Unless the time is extendedby mutual agreement, if the governing body, the director of planning or otherauthorized person or agency fails to take action within the period specified inthis subsection, the parcel map shall be deemed approved.

4. Except as otherwise provided in NRS 278.463, if unusual circumstances exist,a governing body or, if authorized by the governing body, the planning commissionmay waive the requirement for a parcel map. Before waiving the requirement fora parcel map, a determination must be made by the county surveyor, city surveyoror professional land surveyor appointed by the governing body that a survey isnot required. Unless the time is extended by mutual agreement, a request for awaiver must be acted upon:

(a) In a county whose population is 400,000 or more,within 45 days; or

(b) In a county whose population is less than 400,000,within 60 days,

after thedate of the request for the waiver or, in the absence of action, the waivershall be deemed approved.

5. 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 toapprove, conditionally approve or disapprove a second or subsequent parcel mapfor land that has been divided by a parcel map which was recorded within the 5years immediately preceding the acceptance of the second or subsequent parcelmap as a complete application.

6. An applicant or other person aggrieved by adecision of the governing bodys authorized representative or by a final act ofthe planning commission may appeal the decision in accordance with theordinance adopted pursuant to NRS 278.3195.

7. If a parcel map and the associated division of landare approved or deemed approved pursuant to this section, the approval must benoted on the map in the form of a certificate attached thereto and executed bythe clerk of the governing body, the governing bodys designated representativeor the chairman of the planning commission. A certificate attached to a parcelmap pursuant to this subsection must indicate, if applicable, that thegoverning body or planning commission determined that a public street, easementor utility easement which will not remain in effect after a merger andresubdivision of parcels conducted pursuant to NRS 278.4925 has been vacated or abandonedin 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)

NRS 278.466 Formand contents of parcel map; reference to parcel number and recording.

1. The parcel map must be legibly drawn in permanentblack ink on tracing cloth or produced by the use of other materials of apermanent nature generally used for that purpose in the engineering profession.Affidavits, certificates and acknowledgments must be legibly stamped or printedupon the map with permanent black ink. The size of each sheet must be 24 by 32inches. A marginal line must be drawn completely around each sheet, leaving anentirely blank margin of 1 inch at the top, bottom and right edges, and of 2inches at the left edge along the 24-inch dimension.

2. A parcel map must indicate the owner of anyadjoining 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 areaof the land to be divided in the following manner:

(1) In acres, calculated to the nearestone-hundredth of an acre, if the area is 2 acres or more; or

(2) In square feet if the area is less than 2acres.

(b) All monuments found, set, reset, replaced orremoved, describing their kind, size and location and giving other datarelating thereto.

(c) Bearing or witness monuments, the basis ofbearings, bearing and length of lines and the scale of the map.

(d) The name and legal designation of the tract orgrant 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 intelligentinterpretation of the various items and locations of the points, lines and areashown.

4. A parcel map must include:

(a) The memorandum of oaths described in NRS 625.320.

(b) The certificate of the surveyor required pursuantto NRS 278.375.

(c) The signature of each owner of the land to bedivided.

5. A governing body may by local ordinance require aparcel map to include:

(a) A report from a title company which lists the namesof:

(1) Each owner of record of the land to bedivided; and

(2) Each holder of record of a security interestin the land to be divided,

if thesecurity interest was created by a mortgage or a deed of trust.

(b) The written consent of each holder of record of asecurity interest listed pursuant to subparagraph (2) of paragraph (a) to thepreparation and recordation of the parcel map. A holder of record of a securityinterest may consent by signing:

(1) The parcel map; or

(2) A separate document that is recorded withthe parcel map and declares his consent to the division of land, if the mapcontains a notation that a separate document has been recorded to this effect.

6. If the requirement for a parcel map is waived, thegoverning body may specify by local ordinance the type and extent ofinformation or mapping necessary for the division of land.

7. Reference to the parcel number and recording dataof a recorded parcel map is a complete legal description of the land containedin 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)

NRS 278.467 Preparation,recordation and contents of document which may be required if parcel mapwaived; statement indicating that property taxes have been paid; county recorderto provide copy of document or access to digital document to county assessor.

1. If the requirement for a parcel map is waived, theauthority which granted the waiver may require the preparation and recordationof a document which contains:

(a) A legal description of all parts based on a systemof rectangular surveys;

(b) A provision for the dedication or reservation ofany road right-of-way or easement; and

(c) The approval of the authority which granted thewaiver.

2. If a description by metes and bounds is necessaryin describing the parcel division, it must be prepared by a professional landsurveyor and bear his signature and stamp.

3. The person preparing the document may include thefollowing statement:

 

This document was prepared fromexisting information (identifying it and stating where filed and recorded), andthe undersigned assumes no responsibility for the existence of monuments orcorrectness of other information shown on or copied from any such priordocuments.

 

4. A document recorded pursuant to this section mustbe accompanied by a written statement signed by the treasurer of the county inwhich the land to be divided is located indicating that all property taxes onthe land for the fiscal year have been paid.

5. A county recorder who records a document pursuantto this section shall, within 7 working days after he 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 mustbe 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 Dutiesof preparer of parcel map upon approval; duties of county recorder.

1. If a parcel map is approved or deemed approvedpursuant to NRS 278.464, the preparer ofthe map shall:

(a) Cause the approved map to be recorded in the officeof the county recorder within 1 year after the date the map was approved ordeemed approved, unless the governing body establishes by ordinance a longerperiod, not to exceed 2 years, for recording the map. The map must beaccompanied by a written statement signed by the treasurer of the county inwhich the land to be divided is located indicating that all property taxes onthe land for the fiscal year have been paid.

(b) Pay a fee of $17 for the first sheet of the mapplus $10 for each additional sheet to the county recorder for filing andindexing.

2. Upon receipt of a parcel map, the county recorder shallfile the map in a suitable place. He shall keep proper indexes of parcel mapsby the name of grant, tract, subdivision or United States subdivision.

3. A county recorder who records a parcel map pursuantto this section shall, within 7 working days after he records the parcel map,provide to the county assessor at no charge:

(a) A duplicate copy of the parcel map and anysupporting documents; or

(b) Access to the digital parcel map and any digitalsupporting documents. The map and supporting documents must be in a form thatis 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)

NRS 278.469 Mapto indicate record of survey not in conflict with planning and zoningrequirements. If a record of survey containstwo or more lots or parcels, the surveyor or a person for whom the record ofsurvey is made shall place upon the map thereof a statement of the facts whichwill clearly show that such record of survey is not in conflict with therequirements of NRS 278.010 to 278.630, inclusive, and the regulations oftransactions 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 NRS278.540)

Division of Land Into Large Parcels

NRS 278.471 Divisionsof land subject to NRS 278.471 to 278.4725, inclusive; exemption.

1. Except as provided in subsections 2 and 3, aproposed division of land is subject to the provisions of NRS 278.471 to 278.4725, inclusive, if each proposed lotis at least:

(a) One-sixteenth of a section as described by agovernment land office survey; or

(b) Forty acres in area, including roads and easements.

2. The governing body of a city, the board of countycommissioners with respect to the unincorporated area, may by ordinance electto make NRS 278.471 to 278.4725, inclusive, apply to eachproposed division of land where each proposed lot is at least:

(a) One-sixty-fourth of a section as described by agovernment 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 subjectto NRS 278.471 to 278.4725, inclusive.

(Added to NRS by 1979, 1504)

NRS 278.4713 Preparation,contents and filing of tentative map.

1. Unless the filing of a tentative map is waived, aperson 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 landis located with the planning commission or its designated representative orwith the clerk of the governing body if there is no planning commission; and

(b) Pay a filing fee of no more than $750 set by thegoverning body.

2. This map must be:

(a) Entitled Tentative Map of Division into LargeParcels; and

(b) Prepared and certified by a professional landsurveyor.

3. This map must show:

(a) The approximate, calculated or actual acreage ofeach lot and the total acreage of the land to be divided.

(b) Any roads or easements of access which exist, areproposed in the applicable master plan or are proposed by the person whointends to divide the land.

(c) Except as otherwise provided in NRS 278.329, an easement for public utilitiesthat provide gas, electric and telecommunications services and for any communityantenna television companies that have a franchise to operate a communityantenna television system in that area.

(d) Except as otherwise provided in NRS 278.329, an easement for public utilitiesthat 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 easementwhich the owner does not intend to dedicate.

(g) The name and address of the owner of the land.

(Added to NRS by 1979, 1504; A 1989, 794; 1993, 2574;1997, 2429; 1999, 895;2003, 2347)

NRS 278.4715 Waiverof requirement to file tentative map; designation of easements.

1. The planning commission or, if there is no planningcommission, the governing body or its authorized representative may waive therequirement of filing the tentative map.

2. If the tentative map is filed with the planningcommission or with the governing body or its authorized representative, theplanning commission or the governing body or its authorized representative maywithin 60 days after the filing of the tentative map designate the location andwidth of any easements for roads and public utilities as shown on the masterplan if there is one applicable to the area to be divided, or designate thelocation and width of any easements for roads and public utilities which may bereasonably necessary to serve the area to be divided if there is no masterplan.

3. The planning commission or the governing body orits authorized representative shall not designate an easement after theexpiration of 60 days from the filing of the tentative map.

(Added to NRS by 1979, 1505; A 1997, 2429)

NRS 278.472 Finalmap: Filing; form and contents.

1. After the planning commission or the governing bodyor its authorized representative has approved the tentative map or waived therequirement of its filing, or 60 days after the date of its filing, whicheveris earlier, the person who proposes to divide the land may file a final map ofthe division with the governing body or its authorized representative or, ifauthorized by the governing body, with the planning commission. The map must beaccompanied by a written statement signed by the treasurer of the county inwhich the land to be divided is located indicating that all property taxes onthe 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 authorizedrepresentative or, if authorized by the governing body, with the planningcommission not later than 1 year after the date that the tentative map wasfirst filed with the planning commission or the governing body or itsauthorized 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 andshow the date of the survey and contain the certificate of the surveyorrequired pursuant to NRS 278.375.

(e) Clearly and legibly drawn in permanent black inkupon good tracing cloth or produced by the use of other materials of apermanent nature generally used for this purpose in the engineering profession.Affidavits, certificates and acknowledgments must be legibly stamped or printedupon the map with permanent black ink.

(f) Twenty-four by 32 inches in size with a marginal linedrawn completely around each sheet, leaving an entirely blank margin of 1 inchat the top, bottom, and right edges, and of 2 inches at the left edge along the24-inch dimension.

(g) Of scale large enough to show clearly all details.

3. The particular number of the sheet and the totalnumber of sheets comprising the map must be stated on each of the sheets, andits relation to each adjoining sheet must be clearly shown.

4. This map must show and define:

(a) All subdivision lots by the number and actualacreage of each lot.

(b) Any roads or easements of access which exist andwhich the owner intends to offer for dedication, any roads or easements ofaccess which are shown on the applicable master plan and any roads or easementsof access which are specially required by the planning commission or thegoverning body or its authorized representative.

(c) Except as otherwise provided in NRS 278.329, an easement for public utilitiesthat provide gas, electric and telecommunications services and for any communityantenna television companies that have a franchise to operate a communityantenna television system in that area.

(d) Except as otherwise provided in NRS 278.329, an easement for public utilitiesthat 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)

NRS 278.4725 Finalmap: Action by planning commission or governing body; appeal; procedures in eventof disapproval; conditions for approval; filing; contents; fee for recording;county recorder to provide copy of final map or access to digital final map tocounty assessor.

1. Except as otherwise provided in this section, ifthe governing body has authorized the planning commission to take final actionon a final map, the planning commission shall approve, conditionally approve ordisapprove the final map, basing its action upon the requirements of NRS 278.472:

(a) In a county whose population is 400,000 or more,within 45 days; or

(b) In a county whose population is less than 400,000,within 60 days,

afteraccepting the final map as a complete application. The planning commission shallfile its written decision with the governing body. Except as otherwise providedin subsection 5, or unless the time is extended by mutual agreement, if theplanning commission is authorized to take final action and it fails to takeaction within the period specified in this subsection, the final map shall bedeemed approved unconditionally.

2. If there is no planning commission or if thegoverning 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 therequirements of NRS 278.472:

(a) In a county whose population is 400,000 or more,within 45 days; or

(b) In a county whose population is less than 400,000,within 60 days,

after thefinal map is accepted as a complete application. Except as otherwise providedin subsection 5 or unless the time is extended by mutual agreement, if the governingbody or its authorized representative fails to take action within the periodspecified in this subsection, the final map shall be deemed approvedunconditionally.

3. An applicant or other person aggrieved by adecision of the authorized representative of the governing body or by a finalact of the planning commission may appeal the decision in accordance with theordinance adopted pursuant to NRS 278.3195.

4. If the map is disapproved, the governing body orits authorized representative or the planning commission shall return the mapto the person who proposes to divide the land, with the reason for its actionand a statement of the changes necessary to render the map acceptable.

5. If the final map divides the land into 16 lots ormore, the governing body or its authorized representative or the planningcommission shall not approve a map, and a map shall not be deemed approved,unless:

(a) Each lot contains an access road that is suitablefor use by emergency vehicles; and

(b) The corners of each lot are set by a professionalland surveyor.

6. If the final map divides the land into 15 lots orless, the governing body or its authorized representative or the planning commissionmay, if reasonably necessary, require the map to comply with the provisions ofsubsection 5.

7. Upon approval, the map must be filed with thecounty recorder. Filing with the county recorder operates as a continuing:

(a) Offer to dedicate for public roads the areas shownas proposed roads or easements of access, which the governing body may acceptin whole or in part at any time or from time to time.

(b) Offer to grant the easements shown for publicutilities, which any public utility may similarly accept without excluding anyother public utility whose presence is physically compatible.

8. The map filed with the county recorder mustinclude:

(a) A certificate signed and acknowledged by each ownerof land to be divided consenting to the preparation of the map, the dedicationof the roads and the granting of the easements.

(b) A certificate signed by the clerk of the governingbody or authorized representative of the governing body or the secretary to theplanning commission that the map was approved, or the affidavit of the personpresenting the map for filing that the time limited by subsection 1 or 2 foraction by the governing body or its authorized representative or the planningcommission has expired and that the requirements of subsection 5 have been met.A certificate signed pursuant to this paragraph must also indicate, ifapplicable, that the governing body or planning commission determined that apublic street, easement or utility easement which will not remain in effectafter a merger and resubdivision of parcels conducted pursuant to NRS 278.4925, has been vacated orabandoned in accordance with NRS 278.480.

(c) A written statement signed by the treasurer of thecounty in which the land to be divided is located indicating that all propertytaxes on the land for the fiscal year have been paid.

9. A governing body may by local ordinance require afinal map to include:

(a) A report from a title company which lists the namesof:

(1) Each owner of record of the land to bedivided; and

(2) Each holder of record of a security interestin the land to be divided, if the security interest was created by a mortgageor a deed of trust.

(b) The signature of each owner of record of the landto be divided.

(c) The written consent of each holder of record of asecurity interest listed pursuant to subparagraph (2) of paragraph (a), to thepreparation and recordation of the final map. A holder of record may consent bysigning:

(1) The final map; or

(2) A separate document that is filed with thefinal map and declares his consent to the division of land.

10. After a map has been filed with the countyrecorder, any lot shown thereon may be conveyed by reference to the map,without further description.

11. The county recorder shall charge and collect forrecording the map a fee set by the board of county commissioners of not morethan $50 for the first sheet of the map plus $10 for each additional sheet.

12. A county recorder who records a final map pursuantto this section shall, within 7 working days after he records the final map,provide to the county assessor at no charge:

(a) A duplicate copy of the final map and anysupporting documents; or

(b) Access to the digital final map and any digitalsupporting documents. The map and supporting documents must be in a form thatis 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)

Amendment of Plats, Surveys and Maps

NRS 278.473 Certificateof amendment to correct or amend recorded plat, survey or map if correction oramendment does not change location of surveyors monument or property line:Request; preparation, contents and recordation.

1. To correct an error or omission in or to amend anyrecorded subdivision plat, record of survey, parcel map, map of division intolarge parcels or reversionary map, if the correction or amendment does notchange or purport to change the physical location of any survey monument,property line or boundary line, a certificate of amendment must be requestedand recorded pursuant to this section.

2. A certificate of amendment may be requested by:

(a) The county surveyor to make a correction oramendment which affects land located within the boundaries of an unincorporatedarea or Carson City;

(b) The city surveyor or a professional land surveyorappointed by the governing body of the city to make a correction or amendmentwhich affects land located within an incorporated city;

(c) The planning commission if authorized by localordinance; or

(d) A professional land surveyor registered pursuant tochapter 625 of NRS.

3. If a certificate of amendment is requested tocorrect 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 tobe corrected,

shallprepare and record the certificate of amendment within 90 days after he receivesnotification of the request made pursuant to subsection 2. If the surveyor isno longer professionally active, the county surveyor, city surveyor or aprofessional land surveyor appointed by the governing body shall prepare andfile the certificate.

4. The certificate of amendment must:

(a) Be in the form of a letter addressed to the countysurveyor, the city surveyor, a professional land surveyor appointed by thegoverning body of the city or, if authorized by local ordinance, the planningcommission;

(b) Specify the title, legal description and recordingdate of the document being corrected or amended;

(c) Concisely state the data being changed and thecorrection or amendment;

(d) Be dated, signed and sealed by the surveyorpreparing the certificate; and

(e) Contain the following statement, dated and signedby the county surveyor, city surveyor or a professional land surveyor appointedby the governing body:

 

I hereby certify that I haveexamined the certificate of amendment and that the changes to the originaldocument specified therein are provided for in applicable sections of NRS 278.010 to 278.630, inclusive, 625.340 to 625.380, inclusive, and local ordinancesadopted pursuant thereto, and I am satisfied that this certificate of amendmentso 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 allrecorded sheets of the original document being amended, if the county recorderdoes not maintain a cumulative index for such maps and amendments. If such anindex is maintained, the county recorder shall direct an appropriate entry forthe amendment.

(Added to NRS by 1977, 1505; A 1979, 1500; 1987, 380;1989, 795; 1991, 1151; 1993, 2577; 1997, 2432)

NRS 278.475 Amendedplat, survey or map to correct or amend recorded plat, survey or map ifcorrection or amendment changes location of surveyors monument or propertyline: Request; preparation and recordation.

1. To correct an error or omission in or to amend anyrecorded subdivision plat, record of survey, parcel map, map of division intolarge parcels or reversionary map, if the correction or amendment changes orpurports to change the physical location of any survey monument, property lineor boundary line, an amended plat, survey or map must be requested and recordedpursuant to this section.

2. An amended plat, survey or map may be requested by:

(a) The county surveyor to make a correction oramendment which affects land located within the boundaries of an unincorporatedarea or Carson City;

(b) The city surveyor or a professional land surveyorappointed by the governing body of the city to make a correction or amendmentwhich affects land located within an incorporated city;

(c) The planning commission if authorized by localordinance; or

(d) A professional land surveyor registered pursuant tochapter 625 of NRS.

3. Except as otherwise provided in this subsection, asurveyor who:

(a) Performed the survey; or

(b) Is responsible for an error or omission which is tobe corrected,

shallprepare and record the amended plat, survey or map within 90 days after hereceives notification of the request made pursuant to subsection 2. The timewithin which the surveyor must prepare and record the amended plat, survey ormap may be extended by the county surveyor, the city surveyor or a professionalland surveyor appointed by the governing body of the city or the planningcommission. If the surveyor who performed the survey or is responsible for theerror or omission is no longer professionally active, the county surveyor, citysurveyor or a professional land surveyor appointed by the governing body shallprepare 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 Amendedplat, survey or map to correct or amend recorded plat, survey or map ifcorrection or amendment changes location of surveyors monument or propertyline: Additional requirements.

1. In addition to the requirements of subsection 2, anamendment of a recorded subdivision plat, parcel map, map of division intolarge parcels or record of survey which changes or purports to change thephysical location of any survey monument, property line or boundary line issubject to the following requirements:

(a) If the proposed amendment is to a parcel map, mapof division into large parcels or record of survey, the same procedures andrequirements 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 ofdivision into large parcels or record of survey required pursuant to subsection1 must:

(a) Be identical in size and scale to the documentbeing amended, drawn in the manner and on the material provided by law;

(b) Have the words Amended Plat of prominentlydisplayed on each sheet above the title of the document amended;

(c) Have a legal description that describes only theproperty which is to be included in the amendment;

(d) Have a blank margin for the county recorders indexinformation;

(e) Have a 3-inch square adjacent to and on the leftside of the existing square for the county recorders information and stamp;and

(f) Contain a certificate of the professional landsurveyor licensed pursuant to chapter 625 ofNRS who prepared the amendment stating that it complies with all pertinentsections of NRS 278.010 to 278.630, inclusive, and 625.340 to 625.380, inclusive, and with any applicablelocal ordinance.

3. Any amended subdivision plat, parcel map, map ofdivision into large parcels or record of survey that is recorded in support ofan adjusted boundary must:

(a) Contain or be accompanied by the report of a titlecompany and the certificate required by NRS278.374 or an order of the district court of the county in which the landis located that the amendment may be approved without all the necessarysignatures if the order is based upon a finding that:

(1) A bona fide effort was made to notify thenecessary persons;

(2) All persons who responded to the notice haveconsented to the amendment; and

(3) The amendment does not adversely affect thepersons who did not respond; and

(b) Contain a certificate executed by the appropriatecounty surveyor, county engineer, city surveyor or city engineer, if he isregistered as a professional land surveyor or civil engineer pursuant to chapter 625 of NRS, stating that he has examinedthe document and that it is technically correct.

4. Upon recording the amended document, the countyrecorder shall cause a proper notation to be entered upon all recorded sheetsof the document being amended, if the county recorder does not maintain acumulative 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 recordof survey pursuant to this section shall, within 7 working days after herecords the plat, map or record of survey, provide to the county assessor at nocharge:

(a) A duplicate copy of the plat, map or record ofsurvey and any supporting documents; or

(b) Access to the digital plat, map or record of surveyand any digital supporting documents. The plat, map or record of survey and thesupporting documents must be in a form that is acceptable to the countyrecorder 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 278.478to 278.4789, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 278.4781, 278.4783 and 278.4785 have the meanings ascribed tothem in those sections.

(Added to NRS by 1997, 3009)

NRS 278.4781 Landscapingdefined.

1. Landscaping means trees, shrubs, grass and otherornamentation, 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 developmentor subdivision.

2. The term includes drainage necessary for themaintenance of the landscaping described in subsection 1.

(Added to NRS by 1997, 3009; A 2001, 744)

NRS 278.4783 Publiclighting defined. Public lighting meansworks or improvements useful in lighting a street, sidewalk or other place usedfor a public purpose.

(Added to NRS by 1997, 3009)

NRS 278.4785 Securitywall defined. Security wall has the meaningascribed to it in NRS 271.203.

(Added to NRS by 1997, 3009)

NRS 278.4787 Assumptionof maintenance by governing body.

1. Except as otherwise provided in subsection 5, aperson who proposes to divide land for transfer or development into four ormore lots pursuant to NRS 278.360 to 278.460, inclusive, or chapter 278A of NRS, may, in lieu of providingfor the creation of an association for a common-interest community, request thegoverning body of the jurisdiction in which the land is located to assume themaintenance 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 asubstantial public benefit or which are required by the governing body for theprimary use of the public.

2. A governing body shall establish by ordinance aprocedure pursuant to which a request may be submitted pursuant to subsection 1in the form of a petition, which must be signed by a majority of the ownerswhose property will be assessed and which must set forth descriptions of alltracts of land or residential units that would be subject to such anassessment.

3. The governing body may by ordinance designate aperson 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 bereviewed to determine whether it would be desirable for the governing body toassume the maintenance of the proposed improvements.

(b) Procedures for the establishment of a maintenancedistrict or unit of assessment.

(c) A method for:

(1) Determining the relative proportions inwhich the assumption of the maintenance of the proposed improvements by thegoverning body will:

(I) Benefit the development or subdivisionin which the improvements are located; and

(II) Benefit the public;

(2) Assessing the tracts of land or residentialunits in the development or subdivision to pay the costs that will be incurredby the governing body in assuming the maintenance of the proposed improvements,in the proportion that such maintenance will benefit the development orsubdivision in which the improvements are located; and

(3) Allocating an amount of public money to paythe costs that will be incurred by the governing body in assuming themaintenance of the proposed improvements, in the proportion that suchmaintenance will benefit the public.

(d) Procedures for a petitioner or other aggrievedperson to appeal to the governing body a decision of the person designated bythe governing body by ordinance adopted pursuant to this subsection to approveor disapprove a petition.

4. If the governing body does not designate by anordinance adopted pursuant to subsection 3 a person to approve or disapprove apetition, the governing body shall, after receipt of a complete petitionsubmitted 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 forthe land, unless otherwise waived by the governing body, to determine thedesirability of assuming the maintenance of the proposed improvements. If thegoverning body determines that it would be undesirable for the governing bodyto assume the maintenance of the proposed improvements, the governing bodyshall specify for the record its reasons for that determination. If the governingbody determines that it would be desirable for the governing body to assume themaintenance of the proposed improvements, the governing body shall by ordinance:

(a) Determine the relative proportions in which theassumption of the maintenance of the proposed improvements by the governingbody will:

(1) Benefit the development or subdivision inwhich the improvements are located; and

(2) Benefit the public.

(b) Create a maintenance district or unit of assessmentconsisting of the tracts of land or residential units set forth in the petitionor include the tracts of land or residential units set forth in the petition inan existing maintenance district or unit of assessment.

(c) Establish the method or, if the tracts or units areincluded within an existing maintenance district or unit of assessment, applyan existing method for determining:

(1) The amount of an assessment to pay the coststhat will be incurred by the governing body in assuming the maintenance of theproposed improvements. The amount of the assessment must be determined inaccordance with the proportion to which such maintenance will benefit thedevelopment or subdivision in which the improvements are located.

(2) The time and manner of payment of theassessment.

(d) Provide that the assessment constitutes a lien uponthe tracts of land or residential units within the maintenance district or unitof assessment. The lien must be executed, and has the same priority, as a lienfor property taxes.

(e) Prescribe the levels of maintenance to be provided.

(f) Allocate to the cost of providing the maintenancethe appropriate amount of public money to pay for that part of the maintenancewhich creates the public benefit.

(g) Address any other matters that the governing bodydetermines to be relevant to the maintenance of the improvements, including,without limitation, matters relating to the ownership of the improvements andthe land on which the improvements are located and any exposure to liabilityassociated with the maintenance of the improvements.

5. If the governing body requires an owner of land todedicate a tract of land as a trail identified in the recreation plan of thegoverning body adopted pursuant to paragraph (j) of subsection 1 of NRS 278.160, the governing body shall:

(a) Accept ownership of the tract; and

(b) Assume the maintenance of the tract and any otherimprovement located on the land that is authorized in subsection 1.

6. The governing body shall record, in the office ofthe county recorder for the county in which the tracts of land or residentialunits included in a petition approved pursuant to this section are located, anotice of the creation of the maintenance district or unit of assessment thatis sufficient to advise the owners of the tracts of land or residential unitsthat the tracts of land or residential units are subject to the assessment. Thecosts of recording the notice must be paid by the petitioner.

7. The provisions of this section apply retroactivelyto a development or subdivision with respect to which:

(a) An agreement or agreements between the owners oftracts of land within the development or subdivision and the developer allowfor the provision of services in the manner set forth in this section; or

(b) The owners of affected tracts of land orresidential units agree to dissolve the association for their common-interestcommunity in accordance with the governing documents of the common-interestcommunity upon approval by the governing body of a petition filed by the ownerspursuant to this section.

(Added to NRS by 1997, 3009; A 2001, 744)

NRS 278.4789 Provisionthrough association for common-interest community; notice of failure tomaintain; hearings; remedies of governing body.

1. If a person who proposes to divide land fortransfer 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 themaintenance of landscaping, public lighting or security walls, or anycombination thereof, through an association for a common-interest community,the governing body of the jurisdiction in which the land is located may, as acondition of the approval of any final map related to the proposal for thetransfer or development of the land, require the association to adopt a planfor the maintenance of the improvements located on the land. The plan mustinclude the proposed level of maintenance to be provided.

2. If the association fails to maintain theimprovements in the manner set forth in the plan, the governing body may servewritten notice upon the association, setting forth the manner in which theassociation has failed to maintain the improvements. The notice must:

(a) Include a demand that the deficiencies ofmaintenance be cured within 30 days after receipt of the notice; and

(b) State the date, time and place of a hearing to beheld regarding the deficiencies of maintenance. The hearing must be held within14 days after the receipt of the notice.

Thegoverning body shall provide to each owner of an affected tract of land a copyof 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 servedpursuant to subsection 2; and

(b) Provide an extension of time within which thedeficiencies of maintenance may be cured.

4. If the deficiencies in maintenance are not curedwithin 30 days after the receipt of the notice or any extension of timeprovided pursuant to subsection 3, the governing body or its authorized agentmay:

(a) Enter the land on which the improvements arelocated and maintain the improvements for a period of not more than 1 year; and

(b) Assess the affected tracts of land to recover thecost of the maintenance.

5. Entry and maintenance authorized pursuant tosubsection 4 does not authorize a member of the public to use the improvementsunless the land on which the improvements are located has been dedicated to andaccepted by the governing body.

6. Before the expiration of the period of maintenancerequired pursuant to subsection 4, the local government, on its own motion orupon request of the association, shall hold a public hearing at which theowners of the affected tracts of land and the association may show cause whythe governing body or its authorized agent need not continue to maintain theimprovements 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 tomaintain the improvements that are located on the affected tracts of land inthe manner required by the plan. If the governing body determines that theassociation is ready and able to maintain the improvements, the governing bodyshall cease its maintenance of the affected tracts of land at the end of theperiod. If the governing body determines that the association is not ready andable to maintain the improvements, the governing body may continue themaintenance of the improvements located on the affected tracts of land duringthe next succeeding year, subject to a similar hearing and determination ineach year thereafter.

8. Any decision made by the governing body pursuant tothis 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 Contiguousdefined. As used in NRS 278.479 to 278.4965, inclusive, unless the contextotherwise requires, contiguous means either abutting directly on the boundaryor separated by a street, alley, public right-of-way, creek, river or theright-of-way of a railroad or other public service corporation.

(Added to NRS by 1999, 784)

NRS 278.480 Vacationor abandonment of street or easement: Petition; authority to approve inconjunction with tentative map; government patent easements; notice; hearing;appeal; continuation of utility easements; recordation of order of vacation;reversion or purchase of vacated portion; adjacent easements for light and air;reservation or exception of easements; simplified procedure for certain utilityeasements.

1. Except as otherwise provided in subsection 11, anyabutting owner or local government desiring the vacation or abandonment of anystreet or easement owned by a city or a county, or any portion thereof, shallfile a petition in writing with the planning commission or the governing bodyhaving jurisdiction.

2. The governing body may establish by ordinance aprocedure by which, after compliance with the requirements for notification ofpublic hearing set forth in this section, a vacation or abandonment of a streetor an easement may be approved in conjunction with the approval of a tentativemap pursuant to NRS 278.349.

3. A government patent easement which is no longerrequired for a public purpose may be vacated by:

(a) The governing body; or

(b) The planning commission, hearing examiner or otherdesignee, if authorized to take final action by the governing body,

withoutconducting a hearing on the vacation if the applicant for the vacation obtainsthe written consent of each owner of property abutting the proposed vacationand any utility that is affected by the proposed vacation.

4. Except as otherwise provided in subsection 3, ifany right-of-way or easement required for a public purpose that is owned by acity or a county is proposed to be vacated, the governing body, or the planningcommission, hearing examiner or other designee, if authorized to take finalaction by the governing body, shall notify by certified mail each owner ofproperty abutting the proposed abandonment and cause a notice to be publishedat 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 forpublic hearing, which must be not less than 10 days and not more than 40 daysafter the date the notice is first published.

5. Except as provided in subsection 6, if, upon publichearing, the governing body, or the planning commission, hearing examiner orother designee, if authorized to take final action by the governing body, issatisfied that the public will not be materially injured by the proposedvacation, it shall order the street or easement vacated. The governing body, orthe planning commission, hearing examiner or other designee, if authorized totake final action by the governing body, may make the order conditional, andthe order becomes effective only upon the fulfillment of the conditionsprescribed. An applicant or other person aggrieved by the decision of theplanning commission, hearing examiner or other designee may appeal the decisionin accordance with the ordinance adopted pursuant to NRS 278.3195.

6. If a utility has an easement over the property, thegoverning body, or the planning commission, hearing examiner or other designee,if authorized to take final action by the governing body, shall provide in itsorder for the continuation of that easement.

7. The order must be recorded in the office of thecounty recorder, if all the conditions of the order have been fulfilled, andupon the recordation, title to the street or easement reverts to the abuttingproperty owners in the approximate proportion that the property was dedicatedby the abutting property owners or their predecessors in interest. In the eventof a partial vacation of a street where the vacated portion is separated fromthe property from which it was acquired by the unvacated portion of it, thegoverning body may sell the vacated portion upon such terms and conditions asit deems desirable and in the best interests of the city or county. If thegoverning body sells the vacated portion, it shall afford the right of firstrefusal to each abutting property owner as to that part of the vacated portionwhich abuts his property, but no action may be taken by the governing body toforce the owner to purchase that portion and that portion may not be sold toany person other than the owner if the sale would result in a complete loss ofaccess to a street from the abutting property.

8. If the street was acquired by dedication from theabutting property owners or their predecessors in interest, no payment isrequired for title to the proportionate part of the street reverted to eachabutting property owner. If the street was not acquired by dedication, thegoverning body may make its order conditional upon payment by the abuttingproperty owners for their proportionate part of the street of suchconsideration as the governing body determines to be reasonable. If the governingbody determines that the vacation has a public benefit, it may apply thebenefit as an offset against a determination of reasonable consideration whichdid not take into account the public benefit.

9. If an easement for light and air owned by a city ora county is adjacent to a street vacated pursuant to the provisions of thissection, the easement is vacated upon the vacation of the street.

10. In any vacation or abandonment of any street ownedby a city or a county, or any portion thereof, the governing body, or theplanning commission, hearing examiner or other designee, if authorized to takefinal action by the governing body, may reserve and except therefrom alleasements, rights or interests therein which the governing body, or theplanning commission, hearing examiner or other designee, if authorized to takefinal action by the governing body, deems desirable for the use of the city,the county or any public utility.

11. The governing body may establish by localordinance a simplified procedure for the vacation or abandonment of an easementfor a public utility owned or controlled by the governing body.

12. As used in this section, government patenteasement means an easement for a public purpose owned by the governing bodyover land which was conveyed by a patent.

[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)

NRS 278.490 Reversionof maps and reversion of division of land to acreage: Application; review andapproval or disapproval of map of reversion; map of reversion exempt fromcertain requirements; recording of approved map of reversion; county recorderto provide copy of or digital access to map of reversion to county assessor.

1. Except as otherwise provided in NRS 278.4925, an owner or governing bodydesiring to revert any recorded subdivision map, parcel map, map of divisioninto large parcels, or part thereof to acreage or to revert the map or portionthereof, or to revert more than one map if the parcels to be reverted arecontiguous, shall submit a written application accompanied by a map of theproposed reversion which contains the same survey dimensions as the recordedmap or maps to the governing body or, if authorized by local ordinance, to theplanning commission or other authorized person. The application must describethe requested changes.

2. At its next meeting, or within a period of not morethan 30 days after the filing of the map of reversion, whichever occurs later,the governing body or, if authorized by local ordinance, the planningcommission 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 localordinance 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 madesolely for the purpose of reversion of a former map or for reversion of anydivision of land to acreage.

4. Upon approval of the map of reversion, it must berecorded in the office of the county recorder. The county recorder shall make awritten notation of the fact on each sheet of the previously recorded mapaffected by the later recording, if the county recorder does not maintain acumulative 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 tothis section shall, within 7 working days after he records the map, provide tothe county assessor at no charge:

(a) A duplicate copy of the map and any supportingdocuments; or

(b) Access to the digital map and any digitalsupporting documents. The map and supporting documents must be in a form thatis 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 Mergerand resubdivision of land without reversion to acreage; recordation;delineation of remaining streets and easements; crediting of security.

1. An owner or governing body that owns two or morecontiguous parcels may merge and resubdivide the land into new parcels or lotswithout reverting the preexisting parcels to acreage pursuant to NRS 278.490.

2. Parcels merged without reversion to acreagepursuant to this section must be resubdivided and recorded on a final map,parcel map or map of division into large parcels, as appropriate, in accordancewith NRS 278.320 to 278.4725, inclusive, and any applicablelocal ordinances. The recording of the resubdivided parcels or lots on a finalmap, parcel map or map of division into large parcels, as appropriate, constitutesthe merging of the preexisting parcels into a single parcel and thesimultaneous resubdivision of that single parcel into parcels or lots of a sizeand description set forth in the final map, parcel map or map of division intolarge parcels, as appropriate.

3. With respect to a merger and resubdivision ofparcels pursuant to this section, the owner or governing body conducting themerger and resubdivision shall ensure that streets, easements and utilityeasements, whether public or private, that will remain in effect after themerger and resubdivision, are delineated clearly on the final map, parcel mapor map of division into large parcels, as appropriate, on which the merger andresubdivision is recorded.

4. If a governing body required an owner or governingbody to post security to secure the completion of improvements to two or morecontiguous parcels and those improvements will not be completed because of amerger and resubdivision conducted pursuant to this section, the governing bodyshall credit on a pro rata basis the security posted by the owner or governingbody toward the same purposes with respect to the parcels as merged andresubdivided.

(Added to NRS by 1999, 784)

NRS 278.4955 Requirementsfor submitting map of reversion.

1. The map of reversion submitted pursuant to NRS 278.490 must contain the appropriatecertificates required by NRS 278.376 and278.377 for the original division of theland, any agreement entered into for a required improvement pursuant to NRS 278.380 for the original division ofthe land, and the certificates required by NRS278.496 and 278.4965. If the mapincludes the reversion of any street or easement owned by a city, a county orthe State, the provisions of NRS 278.480must be followed before approval of the map.

2. The final map of reversion must:

(a) Be prepared by a professional land surveyorlicensed pursuant to chapter 625 of NRS. Theprofessional land surveyor shall state in his certificate that the map has beenprepared from information on a recorded map or maps that are being reverted.The professional land surveyor may state in his certificate that he assumes noresponsibility for the existence of the monuments or for correctness of otherinformation shown on or copied from the document. The professional landsurveyor shall include in his certificate information which is sufficient toidentify clearly the recorded map or maps being reverted.

(b) Be clearly and legibly drawn in black permanent inkupon good tracing cloth or produced by the use of other materials of apermanent nature generally used for such a purpose in the engineeringprofession. Affidavits, certificates and acknowledgments must be legibly stampedor printed upon the map with black permanent ink.

3. The size of each sheet of the final map must be 24by 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 toshow all details clearly, and enough sheets must be used to accomplish thisend.

5. The particular number of the sheet and the totalnumber 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 propertymust contain a metes and bounds legal description of the property and mustinclude the name and mailing address of the person who prepared the legaldescription.

(Added to NRS by 1993, 2558; A 1997, 1066, 2438; 2003, 2791)

NRS 278.496 Requirementsfor presenting map of reversion for recording.

1. A map of reversion presented for recording mustinclude a certificate signed and acknowledged, pursuant to NRS 240.166, 240.1665 or 240.167, by each person who is an owner ofthe land consenting to the preparation and recordation of the map for thepurpose of reversion.

2. A governing body may by ordinance require a map ofreversion presented for recording to include:

(a) A report from a title company which lists the namesof:

(1) Each owner of record of the land; and

(2) Each holder of record of a security interestin the land, if the security interest was created by a mortgage or a deed oftrust.

(b) The written consent of each holder of record of asecurity interest listed pursuant to subparagraph (2) of paragraph (a), to thepreparation and recordation of the map of reversion. A holder of record of asecurity interest may consent by signing:

(1) The map of reversion; or

(2) A separate document that is recorded withthe map of reversion and declares his consent to the reversion, if the mapcontains a notation that a separate document has been recorded to this effect.

3. For the purpose of this section, the followingshall 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 Mapof reversion must include certificate of approval from appropriate person. A map of reversion presented to the county recorder for recordingmust include a certificate by the clerk of the governing body or the planningcommission 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 278.497to 278.4987, inclusive, the words andterms defined in NRS 278.4971 to 278.4977, inclusive, have the meaningsascribed to them in those sections, unless the context otherwise requires.

(Added to NRS by 1973, 1447; A 1975, 1564; 1977,1508)

NRS 278.4971 Apartmenthouse defined. Apartment house means abuilding arranged in several suites of connecting rooms, each suite designedfor independent housekeeping, but with certain typical mechanical conveniences,such as air-conditioning, heat, light or elevator services shared in common byall families occupying the building.

(Added to NRS by 1973, 1447)

NRS 278.4973 Mobilehome defined. Mobile home has the meaningascribed to it in NRS 461A.050.

(Added to NRS by 1973, 1447; A 1999, 1689)

NRS 278.4975 Mobilehome lot defined. Mobile home lot means anyarea or tract of land designated, designed or used for the occupancy of amobile home.

(Added to NRS by 1973, 1447)

NRS 278.4977 Residentialdwelling unit defined. Residential dwellingunit means a building or a portion of a building, planned, designed or used asa residence for one family only, living independently of other families orpersons, and having its own bathroom and housekeeping facilities included inthe unit.

(Added to NRS by 1973, 1447)

NRS 278.4979 Governingbody 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 lotsor an apartment house dedicate such land areas, sites and locations for parkand playground purposes as are reasonably necessary to serve the proposedsubdivision or development and the future residents of the subdivision ordevelopment.

(Added to NRS by 1973, 1447)

NRS 278.498 Ordinancerequiring 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 masterplan, the ordinance must, by means of accompanying maps, diagrams, charts,descriptive matter and reports, also adopt a recreation plan. The plan mustprovide for a comprehensive system of recreation areas, including naturalreservations, parks, parkways, beaches, playgrounds and other recreation areas,as well as the location thereof, when practicable.

3. The recreation plan adopted pursuant to subsection1 or 2 must discuss and outline the proposed method or methods of carrying outthe acquisition, development, operation and maintenance of the recreationfacilities for which it provides.

(Added to NRS by 1973, 1448; A 1983, 1548)

NRS 278.4981 Ordinancerequiring dedication: Contents.

1. The ordinance adopted pursuant to NRS 278.4979 must set forth the standardsto be applied in determining the amount of land that is required to be dedicated.The ordinance must contain standards determining the amount, quality and locationof land that is required to be dedicated which are based upon the number andtype of dwelling units or structures, apartment houses or mobile home lots, orany combination thereof, included in each subdivision or development and givedue consideration to the relative desirability and market value of the landthat may be included within the area of any particular proposed subdivision ordevelopment.

2. The ordinance must, without limiting the generalpowers conferred in this chapter, include the following:

(a) Provisions for the creation, in accordance with theapplicable master plan, of park districts or service areas which would serveneighborhoods or communities of interest within the city or county.

(b) A delegation of authority to designated departmentsor agencies of the city or county to select the location of the land areas tobe dedicated for park and playground purposes. The land to be dedicated forpark and playground purposes must be within the park district or service areacreated pursuant to paragraph (a) in which the subdivision, apartment house ormobile home lots are located.

(c) A provision limiting the amount of land required tobe dedicated to an amount of land having a fair market value, determined byindependent appraisal, which does not exceed the amount of any residentialconstruction tax which would otherwise have been collected under NRS 278.4983.

(d) A provision for the transfer of title to thededicated land upon the issuance of building permits and the construction ofthe first unit of the subdivision or development from which the land wasdedicated.

Theordinance may also contain a provision allowing an increase in the number ofdwelling units or structures, apartment houses or mobile home lots, or anycombination of them, in the subdivision equal to the number which wouldotherwise 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 Landdedicated for park or playground: Compensation of developer for excess; planfor development; time limited for development.

1. If the land area dedicated by any subdivider ordeveloper exceeds a proportionate contribution to the total park site, takinginto consideration the total residents of the subdivision or development andresidents of nearby areas reasonably expected to benefit therefrom, thesubdivider or developer making the dedication shall be compensated at fairmarket value for the excess value contributed.

2. When 25 percent of the property is developed withinthe subdivision or development from which the land was dedicated, the localgoverning body or agency to which the dedicated land is conveyed shall providefor planning, public hearings and the adoption of a plan for development of thesite, a schedule of that development and a plan for financing which includesoperational and maintenance costs of the park or playground.

3. If a park or playground has not been developed onthe land dedicated for that purpose within 3 years after the date on which 75percent of the residential dwelling units authorized within that subdivision ordevelopment first become occupied, title to the land reverts to the owners ofthe 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 Residentialconstruction tax.

1. The citycouncil of any city or the board of county commissioners of any county which hasadopted a master plan and recreation plan, as provided in this chapter, whichincludes, as a part of the plan, future or present sites for neighborhood parksmay, by ordinance, impose a residential construction tax pursuant to this section.

2. If imposed,the residential construction tax must be imposed on the privilege ofconstructing apartment houses and residential dwelling units and developing mobilehome lots in the respective cities and counties. The rate of the tax must not exceed:

(a) With respectto the construction of apartment houses and residential dwelling units, 1percent of the valuation of each building permit issued or $1,000 per residentialdwelling unit, whichever is less. For the purpose of the residentialconstruction tax, the city council of the city or the board of countycommissioners of the county shall adopt an ordinance basing the valuation ofbuilding permits on the actual costs of residential construction in the area.

(b) Withrespect to the development of mobile home lots, for each mobile home lotauthorized by a lot development permit, 80 percent of the average residentialconstruction tax paid per residential dwelling unit in the respective city orcounty during the calendar year next preceding the fiscal year in which the lotdevelopment permit is issued.

3. The purposeof the tax is to raise revenue to enable the cities and counties to provideneighborhood parks and facilities for parks which are required by the residentsof those apartment houses, mobile homes and residences.

4. Anordinance enacted pursuant to subsection 1 must establish the procedures forcollecting the tax, set its rate, and determine the purposes for which the taxis to be used, subject to the restrictions and standards provided in thischapter. The ordinance must, without limiting the general powers conferred inthis chapter, also include:

(a) Provisionsfor the creation, in accordance with the applicable master plan, of parkdistricts which would serve neighborhoods within the city or county.

(b) A provisionfor collecting the tax at the time of issuance of a building permit for theconstruction of any apartment houses or residential dwelling units, or a lotdevelopment permit for the development of mobile home lots.

5. Allresidential construction taxes collected pursuant to the provisions of thissection and any ordinance enacted by a city council or board of countycommissioners, and all interest accrued on the money, must be placed with thecity treasurer or county treasurer in a special fund. Except as otherwiseprovided in subsection 6, the money in the fund may only be used for theacquisition, improvement and expansion of neighborhood parks or theinstallation of facilities in existing or neighborhood parks in the city orcounty. Money in the fund must be expended for the benefit of the neighborhoodfrom which it was collected.

6. If aneighborhood park has not been developed or facilities have not been installedin an existing park in the park district created to serve the neighborhood inwhich the subdivision or development is located within 3 years after the dateon which 75 percent of the residential dwelling units authorized within thatsubdivision or development first became occupied, all money paid by thesubdivider or developer, together with interest at the rate at which the cityor county has invested the money in the fund, must be refunded to the owners ofthe lots in the subdivision or development at the time of the reversion on apro rata basis.

7. Thelimitation of time established pursuant to subsection 6 is suspended for anyperiod, not to exceed 1 year, during which this State or the Federal Governmenttakes any action to protect the environment or an endangered species whichprohibits, stops or delays the development of a park or installation offacilities.

8. For thepurposes of this section:

(a) Facilitiesmeans turf, trees, irrigation, playground apparatus, playing fields, areas tobe used for organized amateur sports, play areas, picnic areas, horseshoe pitsand other recreational equipment or appurtenances designed to serve the naturalpersons, families and small groups from the neighborhood from which the tax wascollected.

(b) Neighborhood park means a site not exceeding 25acres, 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 Applicabilityto planned unit developments.

1. The city council of any city or the board of countycommissioners of any county which has adopted a master plan as provided in thischapter which includes future or present sites for parks and playgrounds mayrequire that:

(a) The developers of a planned unit developmentdedicate land as provided by NRS 278.4979,278.498 and 278.4981; or

(b) A residential construction tax be imposed on theprivilege of constructing planned unit developments in the manner provided by NRS 278.4983,

if theordinance defining and regulating planned unit developments in the particularcity or county imposes open space requirements less than those required by theordinance adopted pursuant to NRS 278.4981.

2. If a requirement to dedicate land or pay aresidential construction tax is imposed on the construction of a planned unitdevelopment, the planned unit development is eligible to receive a creditagainst the amount of land to be dedicated or the amount of the residentialconstruction tax imposed, for the amount and value of the developed open spacewithin the planned unit development.

(Added to NRS by 1973, 1450; A 1983, 1552)

NRS 278.4987 Provisionsfor dedication and residential construction tax mutually exclusive; concurrentapplication prohibited.

1. The requirement for dedication of land under NRS 278.4979, 278.498 and 278.4981 and the imposition of the residentialconstruction 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 affectedby any such requirement or imposition.

2. Any city council or board of county commissionersdetermining to provide park or playground facilities under the provisions of NRS 278.497 to 278.4987, inclusive, shall elect, for anyone 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 Areasof Certain Counties

NRS 278.563 Constructioncommittee and deed restriction defined. Asused in NRS 278.563 to 278.568, inclusive, unless a differentmeaning clearly appears in the context:

1. Construction committee means a committee,homeowners group or other similarly constituted body empowered by deedrestrictions to determine whether any construction, reconstruction, alterationor use of a building or other structure on a lot subject to such restrictionscomplies with the requirements of such restrictions.

2. Deed restriction means any recorded deedrestriction, restrictive covenant or negative servitude governing theconstruction, reconstruction, alteration or use of any building or otherstructure on a lot in a subdivision of land created pursuant to this chapter.

(Added to NRS by 1973, 1724)

NRS 278.564 Constructioncommittee: Establishment and operation pursuant to deed restrictions; officersof committee to file affidavit with building official on annual basis; requiredcontents of affidavit.

1. Any deed restrictions in the unincorporated area ofa county whose population is 100,000 or more but less than 400,000, recordedafter July 1, 1973, may provide for the establishment and operation, underappropriate rules and procedure, of a construction committee.

2. As soon as a construction committee has been establishedand organized pursuant to the provisions of subsection 1, and no later thanJanuary 1 of each year thereafter, the officers of the committee shall file anaffidavit with the building official having jurisdiction over the area withinwhich the subdivision is situated, identifying the committee as the constitutedconstruction committee empowered pursuant to recorded deed restrictions todetermine compliance with those restrictions on lots in the subdivision. Theaffidavit must also set forth the names of the officers of the committee,including the address of a particular officer designated as the authorizedrepresentative 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)

NRS 278.565 Deedrestrictions: Copy to be filed with tentative map and with building officialand presented to prospective purchaser; recording of original copy.

1. A copy of deed restrictions proposed for asubdivision in a county whose population is 100,000 or more but less than400,000 must be filed with the planning commission or governing body with thetentative map.

2. Upon final approval of the subdivision, a copy ofthe restrictions must be:

(a) Filed with the building official havingjurisdiction over the area within which the subdivision is situated.

(b) Presented to each prospective purchaser of realproperty within the subdivision.

3. The original copy of the restrictions may berecorded with the county recorder immediately following the recording of thefinal map.

(Added to NRS by 1973, 1724; A 1977, 1512; 1979, 531;1985, 1690; 1989, 1918; 2001, 1246)

NRS 278.566 Writtenreport of construction committee required before building official may issuebuilding permit; application for written report; exceptions.

1. Except as provided in subsection 3, the buildingofficial in a county whose population is 100,000 or more but less than 400,000,shall not issue any building permit for the construction, reconstruction,alteration or use of any building or other structure on a lot subject to deedrestrictions unless he has received a written report thereon from theconstruction committee.

2. An application for a written report must be made bycertified mail addressed to the authorized representative of the constructioncommittee. If the construction committee fails or refuses to submit its writtenreport to the building official within 20 days from the date of its receipt ofa written request therefor, the building official must proceed as provided bylaw in cases where there is no functioning construction committee.

3. This section does not apply if the cost of theconstruction, 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)

NRS 278.567 Procedurewhen construction committee inoperative. Ifthe construction committee required by NRS278.564 fails to be organized, is dissolved or becomes inactive:

1. The building official may issue an otherwise properbuilding permit for an improvement on property subject to deed restrictions.

2. An owner or owners of real property within asubdivision may lawfully undertake to prevent, or seek damages by reason of, aviolation of deed restrictions pertaining to such subdivision.

(Added to NRS by 1973, 1725; A 2001, 1247)

NRS 278.568 Applicabilityto preexisting subdivisions. NRS 278.566 and 278.567 apply to any subdivision createdprior to July 1, 1973, all or a portion of the parcels of which are subject todeed restrictions providing for the establishment and operation of aconstruction committee.

(Added to NRS by 1973, 1725)

Miscellaneous Provisions

NRS 278.569 Reservationin 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 thelocation of irrigation ditches and rights-of-way and easements for irrigationditches.

2. Final map of a subdivision, parcel map or final mapof a division of land into large parcels reserve a right-of-way for anyexisting irrigation ditch and its maintenance.

(Added to NRS by 1981, 196; A 1987, 1392)

NRS 278.5692 Approvalof adjustments to boundary lines by governing body. Agoverning body that approves a division of land pursuant to the provisions of NRS 278.010 to 278.630, inclusive, may approve adjustmentsto boundary lines.

(Added to NRS by 1991, 1381)

NRS 278.5693 Requirementsfor adjustment of boundary line or transfer of land involving adjacentproperty.

1. For a boundary line to be adjusted or for land tobe transferred pursuant to paragraph (c) of subsection 4 of NRS 278.461, a professional land surveyormust have performed a field survey, set monuments and filed a record of surveypursuant to NRS 625.340.

2. A record of survey filed pursuant to subsection 1must contain:

(a) A certificate by the professional land surveyor whoprepared the map stating that:

(1) He has performed a field survey sufficientto locate and identify properly the proposed boundary line adjustment;

(2) All corners and angle points of the adjustedboundary line have been defined by monuments or will be otherwise defined on adocument of record as required by NRS625.340; and

(3) The map is not in conflict with theprovisions of NRS 278.010 to 278.630, inclusive.

(b) A certificate that is executed and acknowledged byeach affected owner of the abutting parcels which states that:

(1) He has examined the plat and approves andauthorizes the recordation thereof;

(2) He agrees to execute the required documentscreating any easement which is shown;

(3) He agrees to execute the required documentsabandoning any existing easement pursuant to the provisions of NRS 278.010 to 278.630, inclusive;

(4) All property taxes on the land for thefiscal year have been paid; and

(5) Any lender with an impound account for thepayment of taxes has been notified of the adjustment of the boundary line orthe transfer of the land.

(c) A certificate by the governing body or itsdesignated representative approving the adjustment of the boundary line.

(Added to NRS by 1991, 1381; A 1993, 1197, 2582)

NRS 278.5695 Countyrecorder required to indicate on copy of plot, plat, map or survey thatsubsequent changes should be examined. If acounty recorder maintains a cumulative index, he shall indicate on any copy ofa plot, plat, map or survey which he provides that subsequent changes to thatdocument should be examined and may be determined by reference to thecumulative index.

(Added to NRS by 1987, 379)

Inspection of Structures and Enforcement of ZoningRegulations

NRS 278.570 Buildingofficial: Purpose; appointment; compensation; certification and continuingeducation; employees; expenditures.

1. The governing body of any city or county mayprovide for the inspection of structures and the enforcement of the zoningregulations and building codes by means of the withholding of building permits.For the purpose of the inspection of structures and the enforcement of buildingcodes by means of the withholding of building permits, the governing body mayestablish and fill a position of city or county building official, and may fixthe compensation attached to the position, or may authorize an administrativeofficial of the city or county to assume the functions of the position inaddition to his customary functions. A building official must comply with therequirements for certification and continuing education established pursuant toNRS 278.577.

2. The building official may appoint such employees ashe may deem necessary for the fulfillment of the duties of his position. Theappointment, promotion, demotion and removal of such employees shall be subjectto the same provisions of law as govern other corresponding civil employees inthe city or county. Except as otherwise provided in NRS 278.577, any employee appointedpursuant to this subsection whose duties include the reviewing of plans or theinspection of any portion of a structure must comply with the requirements forcertification and continuing education established pursuant to that section.

3. The expenditures of the building official shall bewithin the amounts appropriated for the purpose by the governing body which mayprovide the funds, equipment and accommodations necessary for the buildingofficials work.

[Part 34:110:1941; 1931 NCL 5063.33] +[35:110:1941; 1931 NCL 5063.34](NRS A 2001, 1247)

NRS 278.573 Statementof restrictions: Duty of building official to deliver to owner who is issuedpermit for construction on his residence; owner to acknowledge receipt inwriting; text.

1. A building official who issues a permit to theowner of a residence to construct, alter, repair, add to, subtract from,improve, move, wreck or demolish the residence shall, at the same time, deliverto him a statement. The owner of the residence shall acknowledge in writingreceipt of the statement.

2. The statement delivered by the building officialmust include the following text:

 

State law requiresconstruction to be done by licensed contractors. You have applied for a permitunder an exemption to that law. The exemption allows you, as the owner of yourproperty, to act as your own contractor with certain restrictions although youdo not have a license.

You must directly supervisethe construction, on the job, yourself. The building or residence must be foryour own use or occupancy. It may not be built or substantially improved forsale or lease. If you sell or lease a building you have built or substantiallyimproved yourself within 1 year after the construction is complete, it ispresumed that you built or substantially improved it for sale or lease, whichis a violation of this exemption and a violation of chapter624 of NRS.

You may not hire anunlicensed person to act as your contractor or to supervise people working onyour building. It is your responsibility to make sure that people employed byyou have the licenses required by state law and by county or municipallicensing ordinances. You may not delegate the responsibility for supervising workto a contractor unless he is licensed to perform the work being done. Anyperson working on your building who is not licensed must work under your directsupervision and must be employed by you, which means that you must deduct FICAand withholding tax and provide industrial insurance and pay the requiredcontribution for unemployment compensation for that employee, and comply withother state and federal laws relating to employment. Your construction mustcomply with all applicable laws, ordinances, building codes and zoningregulations.

 

(Added to NRS by 1997, 2697; A 2001, 1248)

NRS 278.575 Programto 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 officialmay establish a program to allow independent contractors who comply with therequirements for certification and continuing education established pursuant toNRS 278.577 to review plans for andinspect buildings on behalf of the building official.

(Added to NRS by 1995, 2062; A 2001, 1248)

NRS 278.577 Certaincities and counties to require certification and continuing education forpersons who act as building official, review plans or inspect structure orbuilding or portion thereof; exception; application in smaller counties.

1. Except as otherwise provided in subsection 2, in acounty whose population is 100,000 or more, or in any city located within sucha county, if the city or county provides for the inspection of structures andthe enforcement of building codes pursuant to NRS278.570, 278.573 and 278.575, the city or county shall:

(a) Prepare a list of national and internationalorganizations which certify persons who inspect a structure or a portion of astructure and which are approved by the city or county, as appropriate, forcertifying persons pursuant to this subsection;

(b) Require a person who fills the position of buildingofficial, reviews plans or inspects a structure or building or a portion of astructure or building pursuant to NRS278.570 or 278.575 to be certifiedby an organization included on the list prepared pursuant to paragraph (a);

(c) Establish requirements for continuing education fora person who is required to be certified pursuant to this subsection; and

(d) Prohibit a person who is not certified or does notfulfill the requirements for continuing education pursuant to this subsectionfrom filling the position of building official, reviewing plans or inspecting astructure 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 mayauthorize an employee of the city or county to perform duties for whichcertification is required pursuant to that subsection if those duties are performedunder the supervision of a person who is certified by an organization that isincluded 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 performduties pursuant to this subsection for not more than 1 year.

3. The requirements for continuing educationestablished pursuant to paragraph (c) of subsection 1 must:

(a) Include the completion of at least 45 hours ofcontinuing education every 3 years; and

(b) Specify the manner in which a person may completethose 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 forthe inspection of structures and the enforcement of building codes pursuant to NRS 278.570, 278.573 and 278.575, the city or county shall, byresolution, establish the requirements for certifying and for continuingeducation for a person who, on a full-time basis, fills the position ofbuilding official, reviews plans or inspects a structure or building or aportion of a structure or building pursuant to NRS 278.570 or 278.575.

(Added to NRS by 2001, 1245)

NRS 278.580 Buildingcodes: Adoption; fees for permits; applicability to State, Nevada System ofHigher Education and school districts; authorization of use of materials andtechnologies that conserve resources in construction and use of solar or windenergy; adoption of seismic provisions and standards.

1. Subject to the limitation set forth in NRS 244.368, the governing body of any cityor county may adopt a building code, specifying the design, soundness and materialsof structures, and may adopt rules, ordinances and regulations for the enforcementof the building code.

2. The governing body may also fix a reasonableschedule of fees for the issuance of building permits. A schedule of fees sofixed does not apply to the State of Nevada, the Nevada System of HigherEducation or any school district, except that such entities may contract withthe governing body to pay such fees for the issuance of building permits, thereview of plans and the inspection of construction. Except as it may agree toin such a contract, a governing body is not required to provide for the reviewof plans or the inspection of construction with respect to a structure of theState of Nevada, the Nevada System of Higher Education or any school district.

3. Notwithstanding any other provision of law, theState and its political subdivisions shall comply with all zoning regulationsadopted pursuant to this chapter, except for the expansion of any activityexisting on April 23, 1971.

4. A governing body shall amend its building codesand, if necessary, its zoning ordinances and regulations to permit the use of:

(a) Straw or other materials and technologies whichconserve scarce natural resources or resources that are renewable in theconstruction of a structure; and

(b) Systems which use solar or wind energy to reducethe costs of energy for a structure if such systems and structures areotherwise in compliance with applicable building codes and zoning ordinances,including those relating to the design, location and soundness of such systemsand structures,

to theextent the local climate allows for the use of such materials, technologies,resources and systems.

5. The amendments required by subsection 4 mayaddress, without limitation:

(a) The inclusion of characteristics of land andstructures that are most appropriate for the construction and use of systemsusing solar and wind energy.

(b) The recognition of any impediments to thedevelopment of systems using solar and wind energy.

(c) The preparation of design standards for theconstruction, conversion or rehabilitation of new and existing systems usingsolar and wind energy.

6. A governing body shall amend its building codes toinclude:

(a) The seismic provisions of the InternationalBuilding Code published by the International Code Council; and

(b) Standards for the investigation of hazards relatingto seismic activity, including, without limitation, potential surface rupturesand 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)

NRS 278.581 Adoption,enforcement and application of construction and energy codes in county whosepopulation is 100,000 or more. In each countywhose population is 100,000 or more:

1. If the governing body of the county or any city inthe county has adopted a building code, each such governing body shall, as partof 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 inthe county has not adopted a building code, each such governing body shall:

(a) By ordinance, adopt the codes described insubsection 1; and

(b) Provide for the enforcement of such codes by theofficers or employees of the county or city or by the officers or employees ofanother local government pursuant to an interlocal agreement.

3. The codes described in subsection 1 must:

(a) Be adopted and become effective not later thanJanuary 1, 2002; and

(b) Be applied to each new residential, commercial andindustrial structure on which construction begins on or after the date on whichthe codes become effective.

(Added to NRS by 2001, 2531)

NRS 278.582 Minimalstandards for plumbing fixtures in certain structures.

1. Each county and city shall include in itsrespective building code the requirements of this section. If a county or cityhas no building code, it shall adopt those requirements by ordinance andprovide for their enforcement by its own officers or employees or throughinterlocal agreement by the officers or employees of another local government.Additionally, each county and city shall prohibit by ordinance the sale andinstallation of any plumbing fixture which does not meet the standards madeapplicable for the respective county or city pursuant to this section.

2. Except as otherwise provided in subsections 3 and4, each residential, commercial or industrial structure on which constructionbegins on or after March 1, 1992, and each existing residential, commercial orindustrial 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 installedunless its consumption of water does not exceed 3.5 gallons of water per flush.

(b) A shower apparatus which uses more than 3 gallonsof water per minute must not be installed unless it is equipped with a deviceto reduce water consumption to 3 gallons of water or less per minute.

(c) Each faucet installed in a lavatory or kitchen mustnot allow water to flow at a rate greater than 3 gallons per minute.

(d) A urinal which continually flows or flushes watermust not be installed.

3. Except as otherwise provided in subsection 4, eachresidential, commercial or industrial structure on which construction begins onor after March 1, 1993, and each existing residential, commercial or industrialstructure which is expanded or renovated on or after March 1, 1993, mustincorporate the following minimal standards for plumbing fixtures:

(a) A toilet which uses water must not be installedunless its consumption of water does not exceed 1.6 gallons of water per flush.

(b) A shower apparatus which uses more than 2.5 gallonsof water per minute must not be installed unless it is equipped with a deviceto reduce water consumption to 2.5 gallons of water or less per minute.

(c) A urinal which uses water must not be installedunless its consumption of water does not exceed 1 gallon of water per flush.

(d) A toilet or urinal which employs a timing device orother mechanism to flush periodically, irrespective of demand, must not beinstalled.

(e) A urinal which continually flows or flushes watermust not be installed.

(f) Each faucet installed in a lavatory or kitchen mustnot allow water to flow at a rate greater than 2.5 gallons per minute.

(g) Each faucet installed in a public restroom mustcontain a mechanism which closes the faucet automatically after a predeterminedamount of water has flowed through the faucet. Multiple faucets that areactivated from a single point must not be installed.

4. The requirements of this section for theinstallation of certain plumbing fixtures do not apply to any portion of anexisting residential, commercial or industrial structure which is not beingexpanded or renovated.

(Added to NRS by 1991, 1166)

NRS 278.583 NationalElectrical Code: Applicability; approval; modification.

1. After January 1, 1974, any construction, alterationor change in the use of a building or other structure in this State by anyperson, firm, association or corporation, whether public or private, must be incompliance with the technical provisions of the National Electrical Code of theNational Fire Protection Association in the form most recently approved by thegoverning body of the city or county in which the building or other structureis located. The governing body of each city or county shall review each editionof the National Electrical Code that is published by the National FireProtection Association after the 1996 edition to ensure its suitability forthat city or county. Each new edition of the code shall be deemed approved bythe governing body of each city or county unless the edition is disapproved bythat governing body within 60 days after the date of publication by theNational Fire Protection Association.

2. Any city or county within the State may adopt suchmodifications of the code as are deemed reasonably necessary, if suchmodifications 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 Compliancewith city or county building codes required. Allpersons and political subdivisions shall comply with the appropriate city orcounty building code.

(Added to NRS by 1973, 912; A 1985, 24)

NRS 278.587 Dutyof city or county building official to notify State Board of ProfessionalEngineers and Land Surveyors concerning submission of incomplete or rejectedplans. A city or county building officialshall notify the State Board of Professional Engineers and Land Surveyors inwriting if a licensed professional engineer or land surveyor:

1. Submits plans that are substantially incomplete; or

2. Submits plans for the same project that arerejected by the department at least three times.

(Added to NRS by 1997, 155; A 2001, 1248)

NRS 278.589 Dutyof city or county building official to notify State Board of Architecture,Interior Design and Residential Design concerning submission of incomplete orrejected plans. A city or county buildingofficial shall notify the State Board of Architecture, Interior Design andResidential Design in writing if a registered architect, interior designer orresidential designer:

1. Submits plans for a project which are substantiallyincomplete; or

2. Submits plans for the same project which arerejected 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 Unlawfulsale 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 dividedpursuant to a parcel map or map of division into large parcels, unless:

(a) The required map thereof, in full compliance withthe appropriate provisions of NRS 278.010to 278.630, inclusive, and any localordinance, has been recorded in the office of the recorder of each county inwhich the subdivision or land divided is located; or

(b) The person is contractually obligated to record therequired map before title is transferred or possession is delivered, whicheveris earlier, as provided in paragraph (a).

2. A person who violates the provisions of subsection1 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 orsummary remedy to which any aggrieved municipality or other politicalsubdivision, or any person, may otherwise be entitled, and any suchmunicipality or other political subdivision or person may file suit in thedistrict court of the county in which any property attempted to be divided orsold in violation of any provision of NRS278.010 to 278.630, inclusive, islocated to restrain or enjoin any attempted or proposed division or transfer inviolation of those sections.

[20:110:1941; A 1947, 834; 1943 NCL 5063.19](NRS A1967, 546; 1973, 1339; 1975, 1567; 1977, 1512; 1979, 1361, 1502, 1714; 1993,2583; 1999, 1635;2003, 976)

NRS 278.600 Unlawfulrecording of map by recorder: Penalty. Anycounty recorder who records a map contrary to the provisions of NRS 278.010 to 278.630, inclusive, or of any localordinance adopted pursuant thereto is guilty of a misdemeanor.

[33:110:1941; 1931 NCL 5063.32](NRS A 1993, 2583; 2003, 977)

NRS 278.610 Unlawfulto erect, construct, reconstruct, alter or change use of structure withoutbuilding 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 structurewithin the territory covered by the building code or zoning regulations withoutobtaining a building permit from the building official.

2. The building official shall not issue any permitunless the plans of and for the proposed erection, construction,reconstruction, alteration or use fully:

(a) Conform to all building code and zoning regulationsthen in effect.

(b) If applicable, comply with the provisions of NRS 393.110.

3. A building official shall not issue a buildingpermit to a person acting for another unless the applicant proves to thesatisfaction of the building official that he is licensed as a contractor forthat work pursuant to the provisions of chapter624 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 Violationof provisions concerning maps: County assessor to determine and reportdiscrepancies and not place on tax roll or maps any land for which discrepancyexists; investigation; prosecution.

1. When there is no final map, parcel map or map ofdivision into large parcels as required by the provisions of NRS 278.010 to 278.630, inclusive, then the countyassessor shall:

(a) Determine any apparent discrepancies with respectto the provisions of NRS 278.010 to 278.630, inclusive;

(b) Report his determinations to the governing body ofthe county or city in which such apparent violation occurs in writing,including, without limitation, by noting his determinations in the appropriateparcel record of the county assessor; and

(c) Not place on the tax roll or maps of the countyassessor any land for which the county assessor has determined that adiscrepancy exists with respect to the provisions of NRS 278.010 to 278.630, inclusive.

2. Upon receipt of the report, the governing bodyshall cause an investigation to be made by the district attorneys office whensuch lands are within an unincorporated area, or by the city attorney when suchlands are within a city, the county recorder and any planning commission havingjurisdiction over the lands in question.

3. If the report shows evidence of violation of theprovisions of NRS 278.010 to 278.630, inclusive, with respect to thedivision of lands or upon the filing of a verified complaint by anymunicipality or other political subdivision or person, firm or corporation withrespect to violation of the provisions of those sections, the district attorneyof each county in this State shall prosecute all such violations in respectivecounties 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)

IMPOSITION OF PLANS AND ZONING REGULATIONS BY GOVERNOR

NRS 278.640 Applicabilityof NRS278.640 to 278.675, inclusive. If after July 1, 1975, there is any land lying within theboundaries of any county of this State which has not been made subject to acomprehensive land use plan pursuant to NRS278.150, 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 andin the manner indicated therein.

(Added to NRS by 1973, 841)

NRS 278.645 Impositionby 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 asis identified in NRS 278.640, lyingwithin the boundaries of any county of this State, the Governor shall confirmthe fact.

2. Thereafter, the Governor may prescribe, may amendand shall thereafter administer comprehensive land use plans and zoningregulations for such land.

3. The Governor may grant a reasonable extension oftime, if any governing body has under consideration on July 1, 1975, acomprehensive land use plan and zoning regulation, and if there is evidence ofsatisfactory progress toward the final enactment of such plan and ordinance.

(Added to NRS by 1973, 842)

NRS 278.650 Requirementsof plans and zoning regulations; enforcement; hearings.

1. Any comprehensive land use plan prescribed oramended by the Governor, pursuant to NRS278.645, shall be in accordance with the standards provided in NRS 278.655, and the notice and hearingrequirements provided in NRS 278.210.

2. Any zoning regulations prescribed or amended by theGovernor pursuant to NRS 278.645 shallbe in accordance with the standards provided in NRS 278.250 and the notice and hearingrequirements provided in NRS 278.260.

3. A comprehensive land use plan or zoning regulationprescribed or amended by the Governor pursuant to NRS 278.645 may be effected for any purposeprovided in NRS 278.010 to 278.630, inclusive. The Governor may causeto be instituted an appropriate proceeding to enjoin the construction ofbuildings or performance of any other acts which would constitute a land usethat does not conform to the applicable land use plan or zoning regulation.

4. Any hearings required by this section may be heldby the Governor or by a person or agency designated by the Governor, and all suchhearings shall be held in the county seat of the county in which thecomprehensive land use plan or zoning regulation is to be prescribed.

(Added to NRS by 1973, 842)

NRS 278.655 Purposesand goals of comprehensive physical planning.

1. Comprehensive physical planning shall to the extentfeasible:

(a) Provide guidance for physical development withinthe 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 livingenvironment 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 localgovernment may base their programs and local area plans.

2. Goals for comprehensive physical planning are:

(a) To preserve the quality of the air and waterresources of the State.

(b) To conserve open space and protect natural andscenic resources.

(c) To provide for the recreational needs of citizensof the State and visitors.

(d) To conserve prime farm lands for the production ofcrops and provide for an orderly and efficient transition from rural to urbanland use.

(e) To protect life and property in areas subject tofloods, landslides and other natural disasters.

(f) To provide and encourage a safe, convenient andeconomic transportation system including all modes of transportation such asair, water, rail, highway and mass transit, and recognizing differences in thesocial costs in the various modes of transportation.

(g) To develop a timely, orderly and efficientarrangement of public facilities and services to serve as a framework for urbanand rural development.

(h) To diversify and improve the economy of the State.

(i) To ensure that the development of properties withinthe State is commensurate with the character and the physical limitations ofthe land.

(j) To take into account the immediate and long-rangefinancial impact of the application of particular land to particular kinds ofdevelopment, and the relative suitability of such land for such development.

(Added to NRS by 1973, 842)

NRS 278.660 Noticeto Governor of proposed building construction.

1. As used in this section, building means astructure having one or more walls or columns, with or without a roof, which isdesigned to protect persons, animals or property from the elements.

2. When a building valued at $300 or more is proposedto be erected on land subject to zoning regulations prescribed by the Governor,the person so proposing shall give written notice to the Governor 10 daysbefore construction is scheduled to commence.

3. The notice shall provide information concerninglocation, construction dates, value of building materials and intended use ofthe building. It shall be accompanied by a sketch and elevations of thebuilding.

4. If the land is subject to local buildingregulations, the person otherwise authorized by law to issue the buildingpermit shall give the notice required by subsection 2.

(Added to NRS by 1973, 843)

NRS 278.665 Governormay contract for appropriate services. The Governormay enter into contracts for such services as the Governor considers appropriatefor carrying out his land use planning and zoning duties.

(Added to NRS by 1973, 843)

NRS 278.670 Durationof plans and zoning regulations imposed by Governor. Anycomprehensive land use plan and zoning regulation promulgated by the Governor,as provided by NRS 278.640 to 278.675, inclusive, shall remain in effectuntil a county or city governing body adopts its own comprehensive land useplan and zoning ordinance.

(Added to NRS by 1973, 843)

NRS 278.675 Powerof 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 beinstituted any civil action or suit he considers appropriate to remedyviolations of any comprehensive land use plan or zoning regulation prescribedby the Governor pursuant to NRS 278.640and 278.645.

(Added to NRS by 1973, 843)

TAX FOR IMPROVEMENT OF TRANSPORTATION

NRS 278.710 Impositionof tax on privilege of development; special election; rate of tax; collectionof 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 oftransportation on the privilege of new residential, commercial, industrial andother development pursuant to paragraph (a) or (b) as follows:

(a) After receiving the approval of a majority of theregistered voters of the county voting on the question at a special election orthe next primary or general election, the board of county commissioners mayimpose the tax throughout the county, including any such development in incorporatedcities in the county. A county may combine this question with a questionsubmitted pursuant to NRS 244.3351, 371.045 or 377A.020, or any combination thereof.

(b) After receiving the approval of a majority of theregistered voters who reside within the boundaries of a transportation districtcreated pursuant to NRS 244A.252,voting on the question at a special or general district election or primary orgeneral state election, the board of county commissioners may impose the taxwithin the boundaries of the district. A county may combine this question witha question submitted pursuant to NRS244.3351.

2. A special election may be held only if the board ofcounty commissioners determines, by a unanimous vote, that an emergency exists.The determination made by the board of county commissioners is conclusiveunless it is shown that the board acted with fraud or a gross abuse ofdiscretion. An action to challenge the determination made by the board must becommenced within 15 days after the boards determination is final. As used inthis subsection, emergency means any unexpected occurrence or combination ofoccurrences which requires immediate action by the board of countycommissioners to prevent or mitigate a substantial financial loss to the countyor to enable the board of county commissioners to provide an essential serviceto the residents of the county.

3. The tax imposed pursuant to this section must be atsuch a rate and based on such criteria and classifications as the board ofcounty commissioners determines to be appropriate. Each such determination isconclusive unless it constitutes an arbitrary and capricious abuse ofdiscretion, 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,

persingle-family dwelling unit of new residential development, or the equivalentthereof 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,

per squarefoot on other new development.

4. If so provided in an ordinance adopted pursuant tothis section, a newly developed lot for a mobile home must be considered asingle-family dwelling unit of new residential development.

5. The tax imposed pursuant to this section must becollected before the time a certificate of occupancy for a building or otherstructure constituting new development is issued, or at such other time as isspecified in the ordinance imposing the tax. If so provided in the ordinance,no certificate of occupancy may be issued by any local government unless proofof payment of the tax is filed with the person authorized to issue thecertificate of occupancy. Collection of the tax imposed pursuant to thissection must not commence earlier than the first day of the second calendarmonth after adoption of the ordinance imposing the tax.

6. In a county in which a tax has been imposedpursuant to paragraph (a) of subsection 1, the revenue derived from the taxmust be used exclusively to pay the cost of:

(a) Projects related to the construction andmaintenance of sidewalks, streets, avenues, boulevards, highways and otherpublic rights-of-way used primarily for vehicular traffic, including, withoutlimitation, overpass projects, street projects and underpass projects, asdefined 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 thecounty if the board of county commissioners finds that such projects outsidethe boundaries of the county will facilitate transportation within the county;or

(3) Within 30 miles outside the boundaries ofthe county and the boundaries of this State, where those boundaries arecoterminous, if:

(I) The projects consist of improvementsto a highway which is located wholly or partially outside the boundaries ofthis State and which connects this State to an interstate highway; and

(II) The board of county commissionersfinds that such projects will provide a significant economic benefit to thecounty;

(b) The principal and interest on notes, bonds or otherobligations incurred to fund projects described in paragraph (a); or

(c) Any combination of those uses.

7. In a transportation district in which a tax hasbeen imposed pursuant to paragraph (b) of subsection 1, the revenue derivedfrom the tax must be used exclusively to pay the cost of:

(a) Projects related to the construction andmaintenance of sidewalks, streets, avenues, boulevards, highways and otherpublic rights-of-way used primarily for vehicular traffic, including, withoutlimitation, overpass projects, street projects and underpass projects, asdefined in NRS 244A.037, 244A.053 and 244A.055, respectively, within theboundaries of the district or within such a distance outside those boundariesas is stated in the ordinance imposing the tax, if the board of countycommissioners finds that such projects outside the boundaries of the districtwill facilitate transportation within the district;

(b) The principal and interest on notes, bonds or otherobligations incurred to fund projects described in paragraph (a); or

(c) Any combination of those uses.

8. The county may expend the proceeds of the taxauthorized by this section, or any borrowing in anticipation of the tax,pursuant to an interlocal agreement between the county and the regionaltransportation commission of the county with respect to the projects to be financedwith the proceeds of the tax.

9. The provisions of chapter278B of NRS and any action taken pursuant to that chapter do not limit orin 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)

1973 NEVADA TAHOE REGIONAL PLANNING AGENCY

Findings and Declaration of Policy

NRS 278.780 Legislativefindings and declaration. The Legislaturefinds and declares that:

1. The waters of Lake Tahoe and other resources of theLake Tahoe region are threatened with deterioration or degeneration, which mayendanger the natural beauty and economic productivity of the region.

2. By virtue of the special conditions andcircumstances of the natural ecology, developmental pattern, populationdistribution and human needs in the Lake Tahoe region, the region isexperiencing problems of resource use and deficiencies of environmentalcontrol.

3. There is a need to maintain an equilibrium betweenthe regions natural endowment and its man-made environment, and to preservethe scenic beauty and recreational opportunities of the region.

4. For the purpose of enhancing the efficiency andgovernmental effectiveness of the region, it is imperative that there beestablished an areawide planning agency with power to exercise effectiveenvironmental controls and to perform other essential functions.

5. It is not the intent of NRS 278.780 to 278.828, inclusive, to rezone areas subjectto the provisions of those sections.

6. Every application referred to the agency created byNRS 278.780 to 278.828, inclusive, must be consideredindividually as to its effect on the facilities necessary for people andtraffic and whether or not the granting of such application would exceed thecapacity of the environment to tolerate development in those particular areasunder the jurisdiction of the agency.

(Added to NRS by 1973, 1382; A 1979, 432)

General Provisions

NRS 278.782 Definitions. As used in NRS 278.780to 278.828, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 278.784 to 278.791, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1973, 1382; A 1979, 433)

NRS 278.784 Agencydefined. Agency means the Nevada Tahoe RegionalPlanning Agency.

(Added to NRS by 1973, 1382)

NRS 278.786 Governingbody defined. Governing body means thegoverning body of the Agency.

(Added to NRS by 1973, 1382)

NRS 278.788 Planningcommission defined. Planning commissionmeans the advisory planning commission.

(Added to NRS by 1973, 1382)

NRS 278.790 Regiondefined. Region includes Lake Tahoe and theadjacent parts of Carson City and the counties of Douglas and Washoe lyingwithin the Tahoe Basin in the State of Nevada. The region defined and describedin this section shall be precisely delineated on official maps of the agency.

(Added to NRS by 1973, 1383)

NRS 278.791 Restrictedgaming license defined. Restricted gaminglicense means a license to operate not more than 15 slot machines for which aquarterly fee is charged pursuant to NRS463.373.

(Added to NRS by 1979, 433)

Organization

NRS 278.792 NevadaTahoe Regional Planning Agency: Creation; composition of governing body.[Effective until proclamation by Governor of withdrawal of California fromTahoe Regional Planning Compact or of his finding that the Tahoe Regional PlanningAgency has become unable to perform its duties or exercise its powers.]

1. The Nevada Tahoe Regional Planning Agency is herebycreated as a separate legal entity.

2. The governing body of the Agency shall consist ofthe Nevada members of the Tahoe Regional Planning Agency created by the TahoeRegional Planning Compact.

(Added to NRS by 1973, 1383)

NRS 278.792 Nevada Tahoe Regional PlanningAgency: Creation; composition and interests of governing body. [Effective uponproclamation by Governor of withdrawal of California from Tahoe RegionalPlanning Compact or of his finding that the Tahoe Regional Planning Agency hasbecome unable to perform its duties or exercise its powers, unless the 1987amendments made to the Compact by the State of Nevada become effective beforethat time.]

1. The Nevada Tahoe Regional Planning Agency is herebycreated as a separate legal entity.

2. The governing body of the Agency consists of:

(a) One member appointed by each of the boards ofcounty commissioners of Douglas and Washoe counties and one member appointed bythe Board of Supervisors of Carson City. Any such member may be a member of theboard of county commissioners or Board of Supervisors, respectively, and mustreside in the territorial jurisdiction of the governmental body making theappointment.

(b) One member appointed by the Governor of Nevada, theSecretary of State of Nevada or his designee, and the Director of the StateDepartment of Conservation and Natural Resources of Nevada or his designee. Amember who is appointed or designated pursuant to this paragraph must not be aresident of the region and shall represent the public at large within the Stateof Nevada.

(c) One member appointed for a 1-year term by the sixother members. If at least four members are unable to agree upon the selectionof a seventh member within 30 days after this section becomes effective or theoccurrence of a vacancy, the Governor shall make the appointment. The memberappointed pursuant to this paragraph may but is not required to be a residentof the region.

3. If any appointing authority fails to make anappointment within 30 days after the effective date of this section or theoccurrence of a vacancy on the governing body, the Governor shall make theappointment.

4. The position of any member of the governing bodyshall be deemed vacant if the member is absent from three consecutive meetingsof the governing body in any calendar year.

5. Each member and employee of the Agency shalldisclose his economic interests in the region within 10 days after taking hisseat on the governing body or being employed by the Agency and shall thereafterdisclose any further economic interest which he acquires, as soon as feasibleafter he acquires it. As used in this section, economic interest means:

(a) Any business entity operating in the region inwhich the member has a direct or indirect investment worth more than $1,000;

(b) Any real property located in the region in whichthe member has a direct or indirect interest worth more than $1,000;

(c) Any source of income attributable to activities inthe region, other than loans by or deposits with a commercial lendinginstitution in the regular course of business, aggregating $250 or more invalue received by or promised to the member within the preceding 12 months; or

(d) Any business entity operating in the region inwhich the member is a director, officer, partner, trustee, employee or holdsany position of management.

No member oremployee of the Agency may make or attempt to influence an Agency decision inwhich he knows or has reason to know he has a financial interest. Members andemployees of the Agency must disqualify themselves from making or participatingin the making of any decision of the Agency when it is reasonably foreseeablethat the decision will have a material financial effect, distinguishable fromits effect on the public generally, on the economic interest of the member oremployee.

(Added to NRS by 1973, 1383; A 1979, 1127, effectiveupon proclamation by Governor of withdrawal of California from Tahoe RegionalPlanning Compact or of his finding that the Tahoe Regional Planning Agency hasbecome unable to perform its duties or exercise its powers, unless the 1987amendments made to the Compact by the State of Nevada become effective beforethat time)

NRS 278.792 Nevada Tahoe Regional PlanningAgency: Creation; composition and interests of governing body. [Effective uponproclamation by Governor of withdrawal of California from Tahoe RegionalPlanning Compact or of his finding that the Tahoe Regional Planning Agency hasbecome unable to perform its duties or exercise its powers, if the 1987amendments made to the Compact by the State of Nevada become effective beforethat time.]

1. The Nevada Tahoe Regional Planning Agency is herebycreated as a separate legal entity.

2. The governing body of the Agency consists of:

(a) One member appointed by each of the boards ofcounty commissioners of Douglas and Washoe counties and one member appointed bythe Board of Supervisors of Carson City. Any such member may be a member of theboard of county commissioners or Board of Supervisors, respectively, and mustreside in the territorial jurisdiction of the governmental body making theappointment.

(b) Two members appointed by the Governor of thisState.

(c) One member appointed by the Speaker of theAssembly, and one member appointed by the Majority Leader of the Senate, ofthis State.

3. If any appointing authority fails to make anappointment within 30 days after the effective date of this section or theoccurrence of a vacancy on the governing body, the Governor shall make theappointment.

4. The position of any member of the governing bodyshall be deemed vacant if the member is absent from three consecutive meetingsof the governing body in any calendar year.

5. Each member and employee of the Agency shalldisclose his economic interests in the region within 10 days after taking hisseat on the governing body or being employed by the Agency and shall thereafterdisclose any further economic interest which he acquires, as soon as feasibleafter he acquires it. As used in this section, economic interest means:

(a) Any business entity operating in the region inwhich the member has a direct or indirect investment worth more than $1,000;

(b) Any real property located in the region in whichthe member has a direct or indirect interest worth more than $1,000;

(c) Any source of income attributable to activities inthe region, other than loans by or deposits with a commercial lendinginstitution in the regular course of business, aggregating $250 or more invalue received by or promised to the member within the preceding 12 months; or

(d) Any business entity operating in the region inwhich the member is a director, officer, partner, trustee, employee or holdsany position of management.

No member oremployee of the Agency may make or attempt to influence a decision of theAgency in which he knows or has reason to know he has a financial interest.Members and employees of the Agency must disqualify themselves from making orparticipating in the making of any decision of the Agency when it is reasonablyforeseeable that the decision will have a material financial effect,distinguishable from its effect on the public generally, on the economicinterest of the member or employee.

(Added to NRS by 1973, 1383; A 1979, 1127; 1985,1257, effective upon proclamation by Governor of withdrawal of California fromTahoe Regional Planning Compact or of his finding that the Tahoe RegionalPlanning Agency has become unable to perform its duties or exercise its powers,if the 1987 amendments made to the Compact by the State of Nevada becomeeffective before that time)

NRS 278.794 Termsof office of members of governing body. [Effective until proclamation byGovernor of withdrawal of California from Tahoe Regional Planning Compact or ofhis finding that the Tahoe Regional Planning Agency has become unable toperform its duties or exercise its powers.] Theterms of office of the members of the governing body shall coincide with theterms of office of such persons as members of the Tahoe Regional PlanningAgency.

(Added to NRS by 1973, 1383)

NRS 278.794 Terms of office of members ofgoverning body; review of appointments. [Effective upon proclamation byGovernor of withdrawal of California from Tahoe Regional Planning Compact or ofhis finding that the Tahoe Regional Planning Agency has become unable toperform its duties or exercise its powers.] Theterms of office of the members of the governing body, other than the memberappointed by the other members, are at the pleasure of the appointing authorityin each case, but each appointment must be reviewed no less often than every 4years.

(Added to NRS by 1973, 1383; A 1979, 1128, effectiveupon proclamation by Governor of withdrawal of California from Tahoe RegionalPlanning Compact or of his finding that the Tahoe Regional Planning Agency hasbecome unable to perform its duties or exercise its powers)

NRS 278.796 Vacancies. The position of a member of the governing body is vacatedupon his loss of any of the qualifications required for his appointment, andthe appointing authority shall appoint a successor.

(Added to NRS by 1973, 1383)

NRS 278.798 Expensesof members and agency. The members of theAgency shall serve without compensation, but are entitled to receive the perdiem expense allowances and travel expenses provided by law for city, countyand state employees, respectively. All other expenses incurred by the governingbody in the course of exercising the powers conferred upon it by NRS 278.780 to 278.828, inclusive, unless met in someother manner specifically provided, shall be paid by the Agency out of its ownfunds.

(Added to NRS by 1973, 1383)

NRS 278.800 Officers:Election; terms; vacancies. The governing bodyshall elect from its own members a chairman and vice chairman, whose terms ofoffice shall be 2 years, and who may be reelected. If a vacancy occurs ineither 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 thecall of the chairman or on the request of any two members. All meetings shallbe open to the public to the extent required by the law applicable to localgovernments at the time such meeting is held.

2. Notice of any meeting so called shall be given bypublishing the date, place and agenda at least 5 days prior to the meeting in anewspaper or combination of newspapers whose circulation is general throughoutthe region and in Carson City and in each county a portion of whose territory lieswithin 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 bodyconstitute a quorum for the transaction of the business of the Agency. Amajority vote of the members present shall be required to take action withrespect to any matter. The vote of each member of the governing body shall beindividually recorded.

2. The governing body may in other respects adopt itsown rules of procedure.

(Added to NRS by 1973, 1383)

NRS 278.806 Office;records; budget.

1. The Agency shall establish and maintain an officewithin the State. The Agency may rent property and equipment. Every plan,ordinance and other record of the Agency which is of such nature as toconstitute a public record under the law of the State of Nevada shall be opento inspection and copying during regular office hours.

2. The Agency shall be deemed to be a local governmentfor the purposes of the Local Government Budget and Finance Act.

(Added to NRS by 1973, 1383; A 2001, 1821)

NRS 278.808 Advisoryplanning commission: Appointment; composition. [Effective until proclamation byGovernor of withdrawal of California from Tahoe Regional Planning Compact or ofhis finding that the Tahoe Regional Planning Agency has become unable toperform its duties or exercise its powers.] TheAgency shall appoint an advisory planning commission to serve in an advisorycapacity to the Agency. The planning commission shall include:

1. The chief planning officers of Carson City and thecounties of Douglas and Washoe;

2. The county health officer of Douglas County or hisdesignee;

3. The county health officer of Washoe County or hisdesignee;

4. The Administrator of the Division of EnvironmentalProtection of the State Department of Conservation and Natural Resources or hisdesignee;

5. The Executive Officer of the Nevada Tahoe RegionalPlanning Agency, who shall act as chairman; and

6. At least two lay members, each of whom shall be aresident 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 uponproclamation by Governor of withdrawal of California from Tahoe RegionalPlanning Compact or of his finding that the Tahoe Regional Planning Agency hasbecome unable to perform its duties or exercise its powers.]

1. The Agency shall appoint an advisory planning commissionto serve in an advisory capacity to the Agency. The planning commission mustinclude:

(a) The chief planning officers of Carson City and thecounties of Douglas and Washoe;

(b) The Chief of the Bureau of Environmental Health ofthe Health Division of the Department of Health and Human Services;

(c) The Director of the State Department ofConservation and Natural Resources;

(d) The Executive Officer of the Nevada Tahoe RegionalPlanning Agency, who shall act as chairman; and

(e) At least two lay members, each of whom must be aresident of the region.

Any officialmember may designate a substitute.

2. The term of office of each lay member of theadvisory planning commission is 2 years. Members may be reappointed.

3. The position of each member of the advisoryplanning commission shall be considered vacated upon loss of any of thequalifications required for appointment, and in that event the appointingauthority shall appoint a successor.

4. A majority of the members of the advisory planning commissionshall constitute a quorum for the transaction of the business of thecommission. A majority vote of the quorum present shall be required to takeaction with respect to any matter.

(Added to NRS by 1973, 1383, 1406; A 1977, 1123;1979, 1129, effective upon proclamation by Governor of withdrawal of Californiafrom Tahoe Regional Planning Compact or of his finding that the Tahoe RegionalPlanning Agency has become unable to perform its duties or exercise its powers)

NRS 278.810 ExecutiveOfficer; staff; attorney.

1. The governing body may determine the qualificationsof and appoint an Executive Officer for the Agency and may, within the limitsof available funds, fix the salary of the Executive Officer. The governing bodymay also, within the limits of available funds, employ such other staff as maybe necessary to execute the powers and functions provided for under NRS 278.780 to 278.828, inclusive, or in accordance withany intergovernmental contracts or agreements which the Agency may beresponsible for administering.

2. The Agency is a public employer for the purposes ofchapter 286 of NRS, and a public agency forthe purposes of chapter 287 of NRS.

3. The Attorney General may, upon request, act as theattorney for the Agency. If he chooses not to represent the Agency, the Agencymay employ legal counsel to act as its attorney.

(Added to NRS by 1973, 1384; A 1983, 748; 1985, 267)

Planning

NRS 278.8111 Regionalplan: Adoption and review; contents. [Effective upon proclamation by Governorof withdrawal of California from Tahoe Regional Planning Compact or of hisfinding that the Tahoe Regional Planning Agency has become unable to performits duties or exercise its powers.] Thegoverning body shall adopt a regional plan. After adoption, the planningcommission and governing body shall continuously review and maintain theregional plan. The regional plan must consist of a diagram or diagrams and textor texts setting forth the projects and proposals for implementation of theregional plan, a description of the needs and goals of the region and astatement of the policies, standards and elements of the regional plan.

(Added to NRS by 1979, 1130, effective uponproclamation by Governor of withdrawal of California from Tahoe RegionalPlanning Compact or of his finding that the Tahoe Regional Planning Agency hasbecome unable to perform its duties or exercise its powers)

NRS 278.8113 Regionalplan: Public hearings by planning commission in preparing plan and amendments;action by governing body. [Effective upon proclamation by Governor ofwithdrawal of California from Tahoe Regional Planning Compact or of his findingthat the Tahoe Regional Planning Agency has become unable to perform its dutiesor exercise its powers.]

1. In preparing the regional plan and each amendmentthereto, if any, subsequent to its adoption, the planning commission after duenotice shall hold at least one public hearing, which may be continued from timeto time, and shall review the testimony and any written recommendations presentedat such hearing before recommending the plan or amendment. The notice requiredby this subsection must be given at least 20 days prior to the public hearingby publication at least once in a newspaper or combination of newspapers whosecirculation is general throughout the region and in each county or city aportion of whose territory lies within the region.

2. The planning commission shall then recommend suchplan or amendment to the governing body for adoption by ordinance. Thegoverning body may adopt, modify or reject the proposed plan or amendment, ormay initiate and adopt a plan or amendment without referring it to the planningcommission. If the governing body initiates or substantially modifies a plan oramendment, it shall hold at least one public hearing thereon after due noticeas required in subsection 1.

3. If a request is made for the amendment of theregional plan by:

(a) A political subdivision a part of whose territorywould be affected by such amendment; or

(b) The owner or lessee of real property which would beaffected by such amendment,

thegoverning body shall complete its action on such amendment within 180 daysafter the request is accepted as complete according to standards which must beprescribed by ordinance of the Agency.

(Added to NRS by 1979, 1130, effective uponproclamation by Governor of withdrawal of California from Tahoe RegionalPlanning Compact or of his finding that the Tahoe Regional Planning Agency hasbecome unable to perform its duties or exercise its powers)

NRS 278.8115 Regionalplan: Correlated elements. [Effective upon proclamation by Governor ofwithdrawal of California from Tahoe Regional Planning Compact or of his findingthat the Tahoe Regional Planning Agency has become unable to perform its dutiesor exercise its powers.] The regional planmust include the following correlated elements:

1. A land-use plan for the integrated arrangement andgeneral location and extent of, and the criteria and standards for, the uses ofland, water, air, space and other natural resources within the region,including but not limited to, an indication or allocation of maximum populationdensities and permitted uses.

2. A transportation plan for the integrateddevelopment of a regional system of transportation, including but not limitedto freeways, parkways, highways, transportation facilities, transit routes,waterways, navigation and aviation aids and facilities, and appurtenantterminals 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 naturalresources within the basin, including but not limited to soils, shoreline andsubmerged lands, scenic corridors along transportation routes, open spaces,recreational and historical facilities.

4. A recreation plan for the development, utilizationand management of the recreational resources of the region, including but notlimited to wilderness and forested lands, parks and parkways, riding and hikingtrails, beaches and playgrounds, marinas, areas for skiing and otherrecreational facilities.

5. A public services and facilities plan for thegeneral location, scale and provision of public services and facilities which,by the nature of their function, size, extent and other characteristics, arenecessary or appropriate for inclusion in the regional plan.

(Added to NRS by 1979, 1130, effective uponproclamation by Governor of withdrawal of California from Tahoe RegionalPlanning Compact or of his finding that the Tahoe Regional Planning Agency hasbecome unable to perform its duties or exercise its powers)

NRS 278.8117 Regionalplan: Formulation and maintenance; duties of planning commission, governingbody and Agency. [Effective upon proclamation by Governor of withdrawal ofCalifornia from Tahoe Regional Planning Compact or of his finding that theTahoe Regional Planning Agency has become unable to perform its duties orexercise its powers.]

1. In formulating and maintaining the regional plan,the planning commission and governing body shall take account of and shall seekto harmonize the needs of the region as a whole, the plans of the counties andcities within the region, the plans and planning activities of the state,federal and other public agencies and nongovernmental agencies andorganizations which affect, or are concerned with planning and developmentwithin, the region.

2. Where necessary for the realization of the regionalplan, the Agency may engage in collaborative planning with local and regionalgovernmental jurisdictions located outside the region but contiguous to itsboundaries.

3. In formulating the regional plan and putting itinto effect, the Agency shall seek the cooperation and consider therecommendations of counties and cities and other agencies of local government,of state and federal agencies, of educational institutions and researchorganizations, whether public or private, and of civic groups and privatepersons.

(Added to NRS by 1979, 1131, effective uponproclamation by Governor of withdrawal of California from Tahoe RegionalPlanning Compact or of his finding that the Tahoe Regional Planning Agency hasbecome unable to perform its duties or exercise its powers)

NRS 278.8119 Maintenanceand availability of data, maps and other information; assistance in exchangesof property. [Effective upon proclamation by Governor of withdrawal ofCalifornia from Tahoe Regional Planning Compact or of his finding that theTahoe Regional Planning Agency has become unable to perform its duties orexercise its powers.]

1. The Agency shall maintain the data, maps and otherinformation developed in the course of formulating and administering theregional plan in a form suitable to assure a consistent view of developmentaltrends and other relevant information for the availability of and use by otheragencies of government and by private organizations and persons concerned.

2. The Agency shall cooperate with owners ofunimproved real estate within the basin in order to perfect exchanges of theirproperty for unimproved real property owned by the United States outside thebasin. The Agency shall maintain a current list of real property owned by theUnited States and known to be available for exchange, and it shall participatein negotiations between the United States and the other owners to perfectexchanges of property.

(Added to NRS by 1979, 1131, effective uponproclamation by Governor of withdrawal of California from Tahoe RegionalPlanning Compact or of his finding that the Tahoe Regional Planning Agency hasbecome unable to perform its duties or exercise its powers)

Agencys Powers

NRS 278.812 Reviewof applications approved by local authorities. [Effective until proclamation byGovernor of withdrawal of California from Tahoe Regional Planning Compact or ofhis finding that the Tahoe Regional Planning Agency has become unable toperform its duties or exercise its powers.]

1. When an application for approval of the developmentor construction of a business or recreational establishment subject to theprovisions of NRS 278.780 to 278.828, inclusive, has been submitted tothe appropriate local authority, and the local authority has made its finaldetermination of approval, the application shall be referred forthwith to theAgency for review as to environmental impact and effect. The Agency shallconsider each application on an individual basis and shall, by resolution,either approve, approve with conditions or disapprove each application within30 days plus notice and publication time as provided in subsection 3. Aresolution adopted by the Agency approving the application shall be requiredbefore the applicant may proceed with such development or construction.

2. The governing body shall adopt all necessaryordinances, rules, regulations and policies for the determination ofenvironmental impact and effect, for the approval or disapproval of individualapplications 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 fordetermining the effect of each proposal upon the availability of services,public facilities and natural resources, and the capacity of the environment totolerate additional development.

3. Whenever an application is referred to the Agencyfor review, the Agency shall take final action upon whether to approve, torequire modification or to reject such application within 30 days after suchapplication is delivered to the Agency, plus the 5-day notice and publicationperiod required by subsection 2 of NRS278.802. If the Agency does not take final action within such 30-day periodplus 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 shallbe subject to the provisions of chapter 233Bof NRS.

(Added to NRS by 1973, 1384; R 1979, 1133, effectiveupon proclamation by Governor of withdrawal of California from Tahoe RegionalPlanning Compact or of his finding that the Tahoe Regional Planning Agency hasbecome unable to perform its duties or exercise its powers)

NRS 278.8121 Reviewand approval of public works. [Effective upon proclamation by Governor of withdrawalof California from Tahoe Regional Planning Compact or of his finding that theTahoe Regional Planning Agency has become unable to perform its duties orexercise its powers.]

1. Every public works project proposed to beconstructed within the region must be submitted to the Agency for its reviewand recommendation as to conformity with the regional plan.

2. Except as provided in subsection 3, a public worksproject must not be constructed unless it has been approved by the Agency.

3. If the public works project is proposed and is tobe constructed by a department of this State, the Agency shall submit itsrecommendations to the executive head of the department and to the Governor,but the project may be constructed as approved by the executive head of thedepartment.

(Added to NRS by 1979, 1132, effective uponproclamation by Governor of withdrawal of California from Tahoe RegionalPlanning Compact or of his finding that the Tahoe Regional Planning Agency hasbecome unable to perform its duties or exercise its powers)

NRS 278.8123 Timelimited for review and approval of proposal by Agency. [Effective uponproclamation by Governor of withdrawal of California from Tahoe RegionalPlanning Compact or of his finding that the Tahoe Regional Planning Agency hasbecome 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 approveany proposal, public or private, the Agency shall take final action uponwhether to approve, to require modification or to reject the proposal within 90days after the proposal is delivered to the Agency in compliance with theAgencys regulations concerning such delivery unless the applicant has agreedto an extension of this time limit. If the Agency does not take final actionwithin 90 days, the proposal shall be deemed rejected.

2. Approval by the Agency of any proposed constructionor use expires 3 years after the date of final action by the Agency unlessconstruction is begun within that time and diligently pursued thereafter or theuse has commenced. In computing the 3-year period, any period of time during whichthe proposed construction or use is the subject of a legal action must not becounted.

(Added to NRS by 1979, 1132, effective uponproclamation by Governor of withdrawal of California from Tahoe RegionalPlanning Compact or of his finding that the Tahoe Regional Planning Agency hasbecome unable to perform its duties or exercise its powers)

NRS 278.8125 Permittedand conforming uses.

1. Subject to the final order of any court ofcompetent jurisdiction entered in litigation contesting the validity of anapproval by the Tahoe Regional Planning Agency, whether that approval wasaffirmative 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 anonrestricted license which existed as a licensed gaming establishment onJanuary 1, 1979, or whose construction was approved by the Tahoe RegionalPlanning Agency affirmatively or by default before that date. The Agency shallnot permit the construction of any structure to house gaming under anonrestricted license not so existing or approved, or the enlargement in cubicvolume of any such existing or approved structure.

(b) Every other nonrestricted gaming establishmentwhose use was seasonal and whose license was issued before January 1, 1979, forthe same season and for the number and type of games and slot machines on whichtaxes or fees were paid in the calendar year 1978.

(c) Gaming conducted pursuant to a restricted gaminglicense issued before January 1, 1979, to the extent permitted by that licenseon that date.

The areawithin any structure housing gaming under a nonrestricted license which may beopen to public use (as distinct from that devoted to the private use of guestsand exclusive of any parking area) is limited to the area existing or approvedfor public use on May 4, 1979. Within these limits, any external modificationof the structure which requires a permit from a local government also requiresapproval from the Agency. The Agency shall not permit restaurants, conventionfacilities, showrooms or other public areas to be constructed elsewhere in theregion outside the structure in order to replace areas existing or approved forpublic use on May 4, 1979.

2. Any structure housing licensed gaming may berebuilt or replaced to a size not to exceed the cubic volume and land coverageexisting or approved on May 4, 1979.

(Added to NRS by 1979, 433)

NRS 278.8127 Exemptionfrom and intendment of NRS 278.8125.

1. Gaming conducted pursuant to a restricted gaminglicense is exempt from the provisions of NRS278.8125 if it is incidental to the primary use of the premises.

2. The provisions of NRS 278.8125 are intended only to limitgaming and related activities as conducted within a gaming establishment, orconstruction designed to permit the enlargement of such activities, and not tolimit any other use of property zoned for commercial use or the accommodationof tourists.

(Added to NRS by 1979, 434)

NRS 278.813 Ordinances,rules and regulations; general and regional standards. [Effective uponproclamation by Governor of withdrawal of California from Tahoe RegionalPlanning Compact or of his finding that the Tahoe Regional Planning Agency hasbecome unable to perform its duties or exercise its powers.]

1. The governing body shall adopt all necessaryordinances, rules, regulations and policies to effectuate the adopted regionalplan. Every such ordinance, rule or regulation must establish a minimumstandard applicable throughout the region, and any political subdivision mayadopt and enforce an equal or higher standard applicable to the same subject ofregulation in its territory.

2. The regulations must contain general, regionalstandards, 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 othershoreline 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 theeffectiveness of the regional plan, the ordinances, rules, regulations andpolicies shall be confined to matters which are general and regional inapplication, leaving to the jurisdiction of the respective counties and citiesthe enactment of specific and local ordinances, rules, regulations and policieswhich conform to the regional plan.

(Added to NRS by 1979, 1132, effective uponproclamation by Governor of withdrawal of California from Tahoe RegionalPlanning Compact or of his finding that the Tahoe Regional Planning Agency hasbecome unable to perform its duties or exercise its powers)

NRS 278.814 Ordinances:Publication by title; copies transmitted to political subdivisions withinregion.

1. Every ordinance adopted by the Agency shall bepublished at least once by title in a newspaper or combination of newspaperswhose circulation is general throughout the region.

2. Immediately after its adoption, a copy of eachordinance shall be transmitted to the governing body of each politicalsubdivision having territory within the region.

(Added to NRS by 1973, 1385)

NRS 278.816 Enforcementof ordinances, rules, regulations and policies; jurisdiction of courts. All ordinances, rules, regulations and policies adopted bythe 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 andsubject matter provided by law, are vested with jurisdiction over civil actionsto which the Agency is a party and criminal actions for violations of itsordinances, rules and regulations.

(Added to NRS by 1973, 1385)

NRS 278.818 Violationof ordinance, rule or regulation: Penalty. Violationof any ordinance, rule and regulation of the Agency is a misdemeanor.

(Added to NRS by 1973, 1385)

NRS 278.820 Financialpowers of Agency. [Effective until proclamation by Governor of withdrawal ofCalifornia from Tahoe Regional Planning Compact or of his finding that theTahoe Regional Planning Agency has become unable to perform its duties orexercise its powers.] The Agency may fix andcollect reasonable fees for any services rendered by it.

(Added to NRS by 1973, 1385; A 1979, 617)

NRS 278.820 Financial powers and duties ofAgency. [Effective upon proclamation by Governor of withdrawal of Californiafrom Tahoe Regional Planning Compact or of his finding that the Tahoe RegionalPlanning Agency has become unable to perform its duties or exercise itspowers.]

1. The Agency may fix and collect reasonable fees forany services rendered by it.

2. On or before December 30 of each calendar year theAgency shall establish the amount of money necessary to support its activitiesfor 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 thecounties within the region on the same ratio to the total sum required as thefull cash valuation of taxable property within the region in each county bearsto the total full cash valuation of taxable property within the region. Eachcounty shall pay such sum from its general fund or from any other moneyavailable therefor.

3. The Agency is strictly accountable to each countyin the region for all money paid by it to the Agency and is strictly accountableto all participating bodies for all receipts and disbursements.

(Added to NRS by 1973, 1385; A 1979, 617, 1129,effective upon proclamation by Governor of withdrawal of California from TahoeRegional Planning Compact or of his finding that the Tahoe Regional PlanningAgency has become unable to perform its duties or exercise its powers)

NRS 278.822 Powersof local authorities subordinate to those of Agency. Inthe region of this State for which there has been created by NRS 278.780 to 278.828, inclusive, a Regional PlanningAgency, the powers conferred by this chapter upon any other authority withrespect to the business and recreational establishments subject to theprovisions of NRS 278.780 to 278.828, inclusive, are subordinate to thepowers of such Regional Planning Agency, and may be exercised only to theextent that their exercise does not conflict with any ordinance, rule, regulationor policy adopted by such Regional Planning Agency.

(Added to NRS by 1973, 1385)

NRS 278.824 Limitationon powers of Agency. [Effective until proclamation by Governor of withdrawal ofCalifornia from Tahoe Regional Planning Compact or of his finding that theTahoe Regional Planning Agency has become unable to perform its duties orexercise its powers.] The Nevada Tahoe RegionalPlanning Agency shall exercise authority, powers and functions within theregion pursuant to NRS 278.780 to 278.828, inclusive:

1. Only with respect to business and recreationalestablishments which are required by law to be individually licensed by theState of Nevada, whether or not any such business or establishment was solicensed prior to April 30, 1973, or is to be constructed on land which was sozoned or designated in a finally adopted master plan on February 5, 1968, as topermit the construction of any such business or establishment; and

2. Only with respect to authority, powers and functionswhich are not granted to the Tahoe Regional Planning Agency by the TahoeRegional Planning Compact or which are excluded, excepted or limited, wholly orpartially, from the authority, powers and functions granted to the TahoeRegional Planning Agency by such Compact.

(Added to NRS by 1973, 1385; R 1979, 1133, effectiveupon proclamation by Governor of withdrawal of California from Tahoe RegionalPlanning Compact or of his finding that the Tahoe Regional Planning Agency hasbecome unable to perform its duties or exercise its powers)

NRS 278.826 Assumptionof powers and duties by Agency. [Effective upon proclamation by Governor ofwithdrawal of California from Tahoe Regional Planning Compact or of his findingthat the Tahoe Regional Planning Agency has become unable to perform its dutiesor exercise its powers.]

1. If at any time the State of California or the Stateof Nevada withdraws from the Tahoe Regional Planning Compact, the Nevada TahoeRegional Planning Agency shall perform all duties and exercise all powersprovided in NRS 278.780 to 278.828, inclusive.

2. Upon receiving a notice of withdrawal or determiningas a fact that the Tahoe Regional Planning Agency has become unable to performits duties or exercise its powers, the Governor shall proclaim publicly thewithdrawal or finding.

(Added to NRS by 1973, 1386; A 1979, 1129, effectiveupon proclamation by Governor of withdrawal of California from Tahoe RegionalPlanning Compact or of his finding that the Tahoe Regional Planning Agency hasbecome unable to perform its duties or exercise its powers)

Unlawful Acts

NRS 278.828 Unlawfulcontract or purchase by member of governing body; penalties.

1. It is unlawful for any member of the governing bodyof the Agency to be interested, directly or indirectly, in any contract made byhim, or be a purchaser or be interested, directly or indirectly, in anypurchase of a sale made by him in the discharge of his official duties.

2. All contracts made in violation of subsection 1 maybe declared void at the instance of the Agency, or of any other partyinterested in such contract, except the member prohibited from making or beinginterested in such contract.

3. Any person who violates the provisions of thissection is guilty of a gross misdemeanor and shall forfeit his office.

(Added to NRS by 1973, 1385)

 

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