Assembly Bill No. 182–Committee on Government Affairs
CHAPTER..........
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 278.150 is hereby amended to read as follows:
278.150 1. The planning commission shall prepare and adopt a
comprehensive, long-term general plan for the physical development of
the city, county or region which in the commission’s judgment bears
relation to the planning thereof.
2. The plan must be known as the master plan, and must be so
prepared that all or portions thereof, except as otherwise provided in
[subsection 3,] subsections 3 and 4, may be adopted by the governing
body, as provided in NRS 278.010 to 278.630, inclusive, as a basis for the
development of the city, county or region for such reasonable period of
time next ensuing after the adoption thereof as may practically be covered
thereby.
3. In counties whose population is 100,000 or more[,] but less than
400,000, if the governing body of the city or county adopts only a portion
of the master plan, it shall include in that portion a conservation plan, 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 of the city or
county that must address each of the subjects set forth in subsection 1 of
NRS 278.160.
Sec. 2. NRS 278.160 is hereby amended to read as follows:
278.160 1. [The] Except as otherwise provided in subsection 4 of
NRS 278.150 and subsection 3 of NRS 278.170, the master plan, with the
accompanying charts, drawings, diagrams, schedules and reports, may
include such of the following subject matter or portions thereof as are
appropriate to the city, county or region, and as may be made the basis for
the physical development thereof:
(a) Community design. Standards and principles governing the
subdivision of land and suggestive patterns for community design and
development.
(b) Conservation plan. For the conservation, development and
utilization of natural resources, including,without limitation, water and its
hydraulic force, underground water, water supply, forests, soils, rivers and
other waters, harbors, fisheries, wildlife, minerals and other natural
resources. The plan must also cover the reclamation of land and waters,
flood control, prevention and control of the pollution of streams and other
waters, regulation of the use of land in stream channels and other areas
required for the accomplishment of the conservation plan, prevention,
control and correction of the erosion of soils through proper clearing,
grading and landscaping, beaches and shores, and protection of
watersheds. The plan must also indicate the maximum tolerable level of
air pollution.
(c) Economic plan. Showing recommended schedules for the allocation
and expenditure of public money in order to provide for the economical
and timely execution of the various components of the plan.
(d) Historical properties preservation plan. An inventory of significant
historical, archaeological and architectural properties as defined by a city,
county or region, and a statement of methods to encourage the
preservation of those properties.
(e) Housing plan. The housing plan must include, without limitation:
(1) An inventory of housing conditions, needs and plans and
procedures for improving housing standards and for providing adequate
housing.
(2) An inventory of affordable housing in the community.
(3) An analysis of the demographic characteristics of the community.
(4) A determination of the present and prospective need for
affordable housing in the community.
(5) An analysis of any impediments to the development of affordable
housing and the development of policies to mitigate those impediments.
(6) An analysis of the characteristics of the land that is the most
appropriate for the construction of affordable housing.
(7) An analysis of the needs and appropriate methods for the
construction of affordable housing or the conversion or rehabilitation of
existing housing to affordable housing.
(8) A plan for maintaining and developing affordable housing to meet
the housing needs of the community.
(f) Land use plan. An inventory and classification of types of natural
land and of existing land cover and uses, and comprehensive plans for the
most desirable utilization of land. The land use plan may include a
provision concerning the acquisition and use of land that is under federal
management within the city, county or region, including, without
limitation, a plan or statement of policy prepared pursuant to NRS
321.7355.
(g) Population plan. An estimate of the total population which the
natural resources of the city, county or region will support on a continuing
basis without unreasonable impairment.
(h) Public buildings. Showing locations and arrangement of civic
centers and all other public buildings, including the architecture thereof
and the landscape treatment of the grounds thereof.
(i) Public services and facilities. Showing general plans for sewage,
drainage and utilities, and rights of way, easements and facilities therefor,
including, without limitation, any utility projects required to be reported
pursuant to NRS 278.145.
(j) Recreation plan. Showing a comprehensive system of recreation
areas, including, without limitation, natural reservations, parks, parkways,
trails, reserved riverbank strips, beaches, playgrounds and other recreation
areas, including, when practicable, the locations and proposed development
thereof.
(k) Rural neighborhoods preservation plan. In any county whose
population is 400,000 or more, showing general plans to preserve the
character and density of rural neighborhoods.
(l) Safety plan. In any county whose population is 400,000 or more,
identifying potential types of natural and man-made hazards, including,
without limitation, hazards from floods, landslides or fires, or resulting
from the manufacture, storage, transfer or use of bulk quantities of
hazardous materials. The plan may set forth policies for avoiding or
minimizing the risks from those hazards.
(m) School facilities plan. Showing the general locations of current and
future school facilities based upon information furnished by the
appropriate local school district.
(n) Seismic safety plan. Consisting of an identification and appraisal of
seismic hazards such as susceptibility to surface ruptures from faulting, to
ground shaking or to ground failures.
(o) Solid waste disposal plan. Showing general plans for the disposal of
solid waste.
(p) Streets and highways plan. Showing the general locations and
widths of a comprehensive system of major traffic thoroughfares and other
traffic ways and of streets and the recommended treatment thereof,
building line setbacks, and a system of naming or numbering streets and
numbering houses, with recommendations concerning proposed changes.
(q) Transit plan. Showing a proposed multimodal system of transit
lines, including [rapid] mass transit, streetcar, motorcoach and trolley
coach lines , paths for bicycles and pedestrians, and related facilities.
(r) Transportation plan. Showing a comprehensive transportation
system, including, without limitation, locations of rights of way, terminals,
viaducts and grade separations. The plan may also include port, harbor,
aviation and related facilities.
2. The commission may prepare and adopt, as part of the master plan,
other and additional plans and reports dealing with such other subjects as
may in its judgment relate to the physical development of the city, county
or region, and nothing contained in NRS 278.010 to 278.630, inclusive,
prohibits the preparation and adoption of any such subject as a part of the
master plan.
Sec. 3. NRS 278.170 is hereby amended to read as follows:
278.170 1. [The] Except as otherwise provided in subsections 2 and
3, the commission may prepare and adopt all or any part of the master plan
or any subject thereof[, except as provided in subsection 2,] for all or any
part of the city, county or region. Master regional plans must be
coordinated with similar plans of adjoining regions, and master county and
city plans within each region must be coordinated so as to fit properly into
the master plan for the region.
2. In counties whose population is 100,000 or more[,] but less than
400,000, if the commission prepares and adopts less than all subjects of
the master plan, as outlined in NRS 278.160, it shall include, in its
preparation and adoption, the conservation, 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 or county that
must address each of the subjects set forth in subsection 1 of NRS
278.160.
Sec. 4. NRS 278.210 is hereby amended to read as follows:
278.210 1. Before adopting the master plan or any part of it[,] in
accordance with NRS 278.170, or any substantial amendment thereof, the
commission shall hold at least one public hearing thereon, notice of the
time and place of which [shall] must be given at least by one publication
in a newspaper of general circulation in the city or county, or in the case of
a regional planning commission, by one publication in a newspaper in
each county within the regional district, at least 10 days before the day of
the hearing.
2. The adoption of the master plan, or of any amendment, extension or
addition thereof, [shall] must be by resolution of the commission carried
by the affirmative votes of not less than two-thirds of the total membership
of the commission. The resolution [shall] must refer expressly to the maps,
descriptive matter and other matter intended by the commission to
constitute the plan or any amendment, addition or extension thereof, and
the action taken [shall] must be recorded on the map and plan and
descriptive matter by the identifying signatures of the secretary and
chairman of the commission.
3. No plan or map, hereafter, [shall] may have indicated thereon that it
is a part of the master plan until it [shall have] has been adopted as part of
the master plan by the commission as herein provided for the adoption
thereof, whenever changed conditions or further studies by the
commission require such amendments, extension, or addition.
4. Except as otherwise provided in this subsection, the commission
shall not amend the land use plan of the master plan set forth in
paragraph (f) of subsection 1 of NRS 278.160, or any portion of such a
land use plan, more than four times in a calendar year. The provisions
of this subsection do not apply to a change in the land use designated for
a particular area if the change does not affect more than 25 percent of
the area.
5. An attested copy of any part, amendment, extension of or addition
to the master plan adopted by the planning commission of any city, county
or region [shall] in accordance with NRS 278.170 must be certified to the
governing body of [such] the city, county or region.
[5.] 6. An attested copy of any part, amendment, extension of or
addition to the master plan adopted by any regional planning commission
[shall] must be certified to the county planning commission and to the
board of county commissioners of each county within the regional district.
Sec. 5. NRS 278.220 is hereby amended to read as follows:
278.220 Except as otherwise provided in subsection 4 of NRS
278.150:
1. Upon receipt of a certified copy of the master plan, or of any part
thereof, as adopted by the planning commission, the governing body may
adopt such parts thereof as may practicably be applied to the development
of the city, county or region for a reasonable period of time next ensuing.
2. The parts [shall] must thereupon be endorsed and certified as master
plans thus adopted for the territory covered, and are hereby declared to be
established to conserve and promote the public health, safety and general
welfare.
3. Before adopting any plan or part thereof, the governing body shall
hold at least one public hearing thereon, notice of the time and place of
which [shall] must be published at least once in a newspaper of general
circulation in the city or counties at least 10 days before the day of
hearing.
4. No change in or addition to the master plan or any part thereof, as
adopted by the planning commission, [shall] may be made by the
governing body in adopting the same until the proposed change or addition
[shall have] has been referred to the planning commission for a report
thereon and an attested copy of the report [shall have] has been filed with
the governing body. Failure of the planning commission so to report
within 40 days, or such longer period as may be designated by the
governing body, after such reference shall be deemed to be approval of the
proposed change or addition.
Sec. 6. NRS 278.230 is hereby amended to read as follows:
278.230 1. [Whenever] Except as otherwise provided in subsection
4 of NRS 278.150, whenever the governing body of any city or county has
adopted a master plan or part thereof for the city or county, or for any
major section or district thereof, the governing body shall, upon
recommendation of the planning commission, determine upon reasonable
and practical means for putting into effect the master plan or part thereof,
in order that the same will serve as:
(a) A pattern and guide for that kind of orderly physical growth and
development of the city or county which will cause the least amount of
natural resource impairment and will conform to the adopted population
plan, where required, and ensure an adequate supply of housing, including
affordable housing; and
(b) A basis for the efficient expenditure of funds thereof relating to the
subjects of the master plan.
2. The governing body may adopt and use such procedure as may be
necessary for this purpose.
Sec. 7. NRS 278.260 is hereby amended to read as follows:
278.260 1. The governing body shall provide for the manner in
which zoning regulations and restrictions and the boundaries of zoning
districts are determined, established, enforced and amended.
2. A zoning regulation, restriction or boundary or an amendment
thereto must not become effective until after transmittal of a copy of the
relevant application to the town board, citizens’ advisory council or town
advisory board pursuant to subsection 5, if applicable, and after a public
hearing at which parties in interest and other persons have an opportunity
to be heard. The governing body shall cause notice of the time and place
of the hearing to be:
(a) Published in an official newspaper, or a newspaper of general
circulation, in the city, county or region; and
(b) Mailed to each tenant of a mobile home park if that park is located
within 300 feet of the property in question,
at least 10 days before the hearing.
3. If [the] a proposed amendment involves a change in the boundary of
a zoning district in a county whose population is less than 400,000, the
governing body shall, to the extent this notice does not duplicate the notice
required by subsection 2, cause a notice to be sent at least 10 days before
the hearing to:
(a) The applicant;
(b) Each owner, as listed on the county assessor’s records, of real
property located within 300 feet of the portion of the boundary being
changed;
(c) Each [owner,] of the owners, as listed on the county assessor’s
records, of at least the 30 parcels nearest to the portion of the boundary
being changed, to the extent this notice does not duplicate the notice given
pursuant to paragraph (b); and
(d) Any advisory board which has been established for the affected area
by the governing body.
The notice must be sent by mail or, if requested by a party to whom notice
must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic
means if receipt of such an electronic notice can be verified, and be
written in language which is easy to understand. The notice must set forth
the time, place and purpose of the hearing and a physical description of, or
a map detailing, the proposed change, must indicate the existing zoning
designation, and the proposed zoning designation, of the property in
question, and must contain a brief summary of the intent of the proposed
change. If the proposed amendment involves a change in the boundary of
the zoning district that would reduce the density or intensity with which a
parcel of land may be used, the notice must include a section that an owner
of property may complete and return to the governing body to indicate his
approval of or opposition to the proposed amendment.
4. If [the] a proposed amendment involves a change in the boundary of
a zoning district in a county whose population is 400,000 or more, the
governing body shall, to the extent this notice does not duplicate the notice
required by subsection 2, cause a notice to be sent at least 10 days before
the hearing to:
(a) The applicant;
(b) Each owner, as listed on the county assessor’s records, of real
property located within 500 feet [from] of the portion of the boundary
being changed;
(c) Each [owner,] of the owners, as listed on the county assessor’s
records, of at least the 30 parcels nearest to the portion of the boundary
being changed, to the extent this notice does not duplicate the notice given
pursuant to paragraph (b); and
(d) Any advisory board which has been established for the affected area
by the governing body.
The notice must be sent by mail or, if requested by a party to whom notice
must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic
means if receipt of such an electronic notice can be verified, and be
written in language which is easy to understand. The notice must set forth
the time, place and purpose of the hearing and a physical description of, or
a map detailing, the proposed change, must indicate the existing zoning
designation, and the proposed zoning designation, of the property in
question, and must contain a brief summary of the intent of the proposed
change. If the proposed amendment involves a change in the boundary of
the zoning district that would reduce the density or intensity with which a
parcel of land may be used, the notice must include a section that an owner
of property may complete and return to the governing body to indicate his
approval of or opposition to the proposed amendment.
5. If an application is filed with the governing body and the
application involves a change in the boundary of a zoning district within
an unincorporated town that is located more than 10 miles from an
incorporated city, the governing body shall, at least 10 days before the
hearing on the application is held pursuant to subsection 2, transmit a
copy of any information pertinent to the application to the town board,
citizens advisory council or town advisory board, whichever is
applicable, of the unincorporated town. The town board, citizens’
advisory council or town advisory board may make recommendations
regarding the application and submit its recommendations before the
hearing on the application is held pursuant to subsection 2. The
governing body or other authorized person or entity conducting the
hearing shall consider any recommendations submitted by the town
board, citizens’ advisory council or town advisory board regarding the
application and, within 10 days after making its decision on the
application, transmit a copy of its decision to the town board, citizens’
advisory council or town advisory board.
6. If a notice is required to be sent pursuant to subsection 4:
(a) The exterior of a notice sent by mail; or
(b) The cover sheet, heading or subject line of a notice sent by
electronic means,
must bear a statement in at least 10-point bold type or font in substantially
the following form:
OFFICIAL NOTICE OF PUBLIC HEARING
[6.] 7. In addition to sending the notice required pursuant to
subsection 4, in a county whose population is 400,000 or more, the
governing body shall, not later than 10 days before the hearing, erect or
cause to be erected on the property, at least one sign not less than 2 feet
high and 2 feet wide. The sign must be made of material reasonably
calculated to withstand the elements for 40 days. The governing body
must be consistent in its use of colors for the background and lettering of
the sign. The sign must include the following information:
(a) The existing zoning designation of the property in question;
(b) The proposed zoning designation of the property in question;
(c) The date, time and place of the public hearing;
(d) A telephone number which may be used by interested persons to
obtain additional information; and
(e) A statement which indicates whether the proposed zoning
designation of the property in question complies with the requirements of
the master plan of the city or county in which the property is located.
[7.] 8. A sign required pursuant to subsection [6] 7 is for
informational purposes only, and must be erected regardless of any local
ordinance regarding the size, placement or composition of signs to the
contrary.
[8.] 9. A governing body may charge an additional fee for each
application to amend an existing zoning regulation, restriction or boundary
to cover the actual costs resulting from the mailed notice required by this
section and the erection of not more than one of the signs required by
subsection [6,] 7, if any. The additional fee is not subject to the limitation
imposed by NRS 354.5989.
[9.] 10. The governing body shall remove or cause to be removed any
sign required by subsection [6] 7 within 5 days after the final hearing for
the application for which the sign was erected. There must be no
additional charge to the applicant for such removal.
[10.] 11. If a proposed amendment involves a change in the boundary
of a zoning district in a county whose population is 400,000 or more that
would reduce the density or intensity with which a parcel of land may be
used and at least 20 percent of the property owners to whom notices were
sent pursuant to [subsections 3 and] subsection 4 indicate in their
responses opposition to the proposed amendment, the governing body
shall not approve the proposed amendment unless the governing body:
(a) Considers separately the merits of each aspect of the proposed
amendment to which the owners expressed opposition; and
(b) Makes a written finding that the public interest and necessity will be
promoted by approval of the proposed amendment.
[11.] 12. The governing body of a county whose population is
400,000 or more shall not approve a zoning regulation, restriction or
boundary, or [the] an amendment thereof, that affects any unincorporated
area of the county that is surrounded completely by the territory of an
incorporated city without sending a notice to the governing body of the
city. The governing body of the city, or its designee, must submit any
recommendations to the governing body of the county within 15 days after
receiving the notice. The governing body of the county shall consider any
such recommendations. If the governing body of the county does not
accept a recommendation, the governing body of the county, or its
authorized agent, shall specify for the record the reasons for its action.
Sec. 8. NRS 278.315 is hereby amended to read as follows:
278.315 1. The governing body may provide by ordinance for the
granting of variances, special use permits, conditional use permits or other
special exceptions by the board of adjustment, the planning commission or
a hearing examiner appointed pursuant to NRS 278.262. The governing
body may impose this duty entirely on the board, commission or examiner,
respectively, or provide for the granting of enumerated categories of
variances, special use permits, conditional use permits or special
exceptions by the board, commission or examiner.
2. A hearing to consider an application for the granting of a variance,
special use permit, conditional use permit or special exception must be
held before the board of adjustment, planning commission or hearing
examiner within 65 days after the filing of the application, unless a longer
time or a different process of review is provided in an agreement entered
into pursuant to NRS 278.0201. A notice setting forth the time, place and
purpose of the hearing must be sent by mail at least 10 days before the
hearing to:
(a) The applicant;
(b) Each owner of real property located within 300 feet of the property
in question;
(c) If a mobile home park is located within 300 feet of the property in
question, each tenant of that mobile home park; and
(d) Any advisory board which has been established for the affected area
by the governing body.
The notice must be sent by mail or, if requested by a party to whom notice
must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic
means if receipt of such an electronic notice can be verified, and be
written in language which is easy to understand. The notice must set forth
the time, place and purpose of the hearing and a physical description or
map of the property in question.
3. If the application is for the issuance of a special use permit in a
county whose population is 100,000 or more, the governing body shall, to
the extent this notice does not duplicate the notice required by subsection
2, cause a notice to be sent at least 10 days before the hearing to each
[owner,] of the owners, as listed on the county assessor’s records, of at
least the 30 parcels nearest to the property in question. The notice must be
sent by mail or, if requested by an owner to whom notice must be
provided, by electronic means if receipt of such an electronic notice can be
verified, and be written in language which is easy to understand. The
notice must set forth the time, place and purpose of the hearing and a
physical description or map of the property in question.
4. If an application is filed with the governing body for the issuance
of a special use permit with regard to property situated within an
unincorporated town that is located more than 10 miles from an
incorporated city, the governing body shall, at least 10 days before the
hearing on the application is held pursuant to subsection 2, transmit a
copy of any information pertinent to the application to the town board,
citizens’ advisory council or town advisory board, whichever is
applicable, of the unincorporated town. The town board, citizens’
advisory council or town advisory board may make recommendations
regarding the application and submit its recommendations before the
hearing on the application is held pursuant to subsection 2. The
governing body or other authorized person or entity conducting the
hearing shall consider any recommendations submitted by the town
board, citizens’ advisory council or town advisory board regarding the
application and, within 10 days after making its decision on the
application, transmit a copy of its decision to the town board, citizens’
advisory council or town advisory board.
5. An ordinance adopted pursuant to this section must provide an
opportunity for the applicant or a protestant to appeal from a decision of
the board of adjustment, planning commission or hearing examiner to the
governing body.
[5.] 6. In a county whose population is 400,000 or more, if the
application is for the issuance of a special use permit for an establishment
which serves alcoholic beverages for consumption on or off of the
premises as its primary business in a district which is not a gaming
enterprise district as defined in NRS 463.0158, the governing body shall, in
addition to sending the notice required pursuant to subsection 3, not later
than 10 days before the hearing, erect or cause to be erected on the
property, at least one sign not less than 2 feet high and 2 feet wide. The
sign must be made of material reasonably calculated to withstand the
elements for 40 days. The governing body must be consistent in its use of
colors for the background and lettering of the sign. The sign must include
the following information:
(a) The existing permitted use and zoning designation of the property in
question;
(b) The proposed permitted use of the property in question;
(c) The date, time and place of the public hearing; and
(d) A telephone number which may be used by interested persons to
obtain additional information.
[6.] 7. A sign required pursuant to subsection [5] 6 is for
informational purposes only, and must be erected regardless of any local
ordinance regarding the size, placement or composition of signs to the
contrary.
[7.] 8. A governing body may charge an additional fee for each
application for a special use permit to cover the actual costs resulting from
the erection of not more than one sign required by subsection [5,] 6, if any.
The additional fee is not subject to the limitation imposed by NRS
354.5989.
[8.] 9. The governing body shall remove or cause to be removed any
sign required by subsection [5] 6 within 5 days after the final hearing for
the application for which the sign was erected. There must be no
additional charge to the applicant for such removal.
[9.] 10. The provisions of this section do not apply to an application
for a conditional use permit filed pursuant to NRS 278.147.
Sec. 9. Chapter 269 of NRS is hereby amended by adding thereto a
new section to read as follows:
Each member of a town advisory board shall, at least once during the
first year of his initial term of office and at least once during every
subsequent year that he serves in office, attend training relating to:
1. State statutes and regulations and local ordinances, resolutions
and regulations concerning land use planning, development and any
other subject matter that the board of county commissioners deems
necessary; and
2. The provisions of chapter 241 of NRS.
Sec. 10. NRS 269.500 is hereby amended to read as follows:
269.500 NRS 269.500 to 269.625, inclusive, and section 9 of this act
may be cited as the Unincorporated Town Government Law.
Sec. 11. NRS 269.576 is hereby amended to read as follows:
269.576 1. Except as appointment may be deferred pursuant to NRS
269.563, the board of county commissioners of any county whose
population is 400,000 or more shall, in each ordinance which establishes
an unincorporated town pursuant to NRS 269.500 to 269.625, inclusive,
provide for:
(a) Appointment by the board of county commissioners or the election
by the registered voters of the unincorporated town of three or five
qualified electors who are residents of the unincorporated town to serve as
the town advisory board. If the ordinance provides for appointment by
the board of county commissioners, in making such appointments, the
board of county commissioners shall consider:
(1) The results of any poll conducted by the town advisory board;
and
(2) Any application submitted to the board of county commissioners
by persons who desire to be appointed to the town advisory board in
response to an announcement made by the town advisory board.
(b) [Terms] A term of 4 years for members of the town advisory board,
which must be staggered and must expire on the first Monday in January
of [each] an odd-numbered year. No person who has served for a term as
a member of a town advisory board is eligible for reappointment until 2
years after the expiration of his term.
(c) Removal of a member of the town advisory board if the board of
county commissioners finds that his removal is in the best interest of the
residents of the unincorporated town, and for appointment of a member to
serve the unexpired term of the member so removed.
2. The board of county commissioners shall provide notice of any
vacancy on a town advisory board to the residents of the unincorporated
town by mail, newsletter or newspaper at least 90 days before filling the
vacancy.
3. The duties of the town advisory board are to:
(a) Assist the board of county commissioners in governing the
unincorporated town by acting as liaison between the residents of the town
and the board of county commissioners; and
(b) Advise the board of county commissioners on matters of importance
to the unincorporated town and its residents.
[3.] 4. The board of county commissioners may provide by ordinance
for compensation for the members of the town advisory board.
Sec. 12. 1. This section and sections 1, 2, 3, 5 to 8, inclusive, 10 and
11 of this act become effective on October 1, 2001.
2. Sections 4 and 9 of this act become effective on January 1, 2002.
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