S.B. 410
Senate Bill No. 410–Senator Titus
March 19, 2001
____________
Referred to Committee on Government Affairs
SUMMARY—Requires certain larger counties and cities in those counties to establish program for protection of environmentally sensitive areas. (BDR 22‑62)
FISCAL NOTE: Effect on Local Government: No.
CONTAINS UNFUNDED MANDATE (§§ 9, 12)
(Not Requested by Affected Local Government)
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to land use planning; requiring certain larger counties and the cities in those counties to establish a program for the protection of environmentally sensitive areas; setting forth the requirements for such a program; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Chapter 278 of NRS is hereby amended by adding thereto
1-2 the provisions set forth as sections 2 to 17, inclusive, of this act.
1-3 Sec. 2. The legislature hereby finds and declares that:
1-4 1. The State of Nevada has an interest in promoting, within the
1-5 boundaries of this state:
1-6 (a) The conservation of cultural resources, including, without
1-7 limitation, archaeological and historic resources;
1-8 (b) The conservation of natural resources;
1-9 (c) The conservation of outdoor recreation areas and values; and
1-10 (d) The protection of the public health, safety and welfare; and
1-11 2. The interest of the State of Nevada in promoting the objectives set
1-12 forth in subsection 1 arises not only from the inherent value of the
1-13 resources and values to be conserved and protected, but also from the
1-14 need to conserve and protect those resources and values to maintain the
1-15 status of the State of Nevada as an attractive and viable destination for
1-16 tourism.
1-17 Sec. 3. The provisions of sections 2 to 17, inclusive, of this act apply
1-18 only to counties whose population is 100,000 or more and cities located
1-19 within those counties.
2-1 Sec. 4. As used in sections 2 to 17, inclusive, of this act, unless the
2-2 context otherwise requires, the words and terms defined in sections 5 to
2-3 8, inclusive, of this act have the meanings ascribed to them in those
2-4 sections.
2-5 Sec. 5. 1. “Environmentally sensitive area” means:
2-6 (a) An area with an average prevailing slope that exceeds 30 percent;
2-7 (b) A wetland, as that term is defined in NRS 244.388;
2-8 (c) An area containing potentially significant concentrations of
2-9 cultural resources, as indicated by:
2-10 (1) Previous archaeological and historic surveys;
2-11 (2) Consultation with the administrator of the office of historic
2-12 preservation of the department of museums, library and arts; or
2-13 (3) The use of geographic information systems, predictive modeling
2-14 or other methods;
2-15 (d) An area within 1 mile of a national conservation area, national
2-16 recreation area or a federally designated wilderness or roadless area; or
2-17 (e) An area within 5 miles of a national conservation area, national
2-18 recreation area or a federally designated wilderness or roadless area that
2-19 is visible from public areas within the national conservation area,
2-20 national recreation area or federally designated wilderness or roadless
2-21 area.
2-22 2. The term does not include:
2-23 (a) An area that is smaller than 1 square mile;
2-24 (b) An area in which the natural and cultural resources are not
2-25 threatened with degradation;
2-26 (c) An urbanized area;
2-27 (d) Land within the jurisdiction of the Tahoe Regional Planning
2-28 Agency; or
2-29 (e) Land held in trust for an Indian tribe.
2-30 Sec. 6. “Management plan” means a management plan that is
2-31 required to be prepared pursuant to section 12 of this act.
2-32 Sec. 7. “Regional planning commission” means the regional
2-33 planning commission created pursuant to NRS 278.0262.
2-34 Sec. 8. “Study” means a study that is required to be prepared
2-35 pursuant to section 9 of this act.
2-36 Sec. 9. 1. In a county whose population is 100,000 or more:
2-37 (a) The governing body of the county shall prepare or cause to be
2-38 prepared a study of the environmentally sensitive areas within the
2-39 unincorporated areas of the county; and
2-40 (b) The governing body of each city in the county shall prepare or
2-41 cause to be prepared a study of the environmentally sensitive areas
2-42 within the boundaries of the city.
2-43 The study must comply with the requirements set forth in section 10 of
2-44 this act.
2-45 2. In carrying out the provisions of subsection 1, a governing body
2-46 may:
2-47 (a) Form a steering committee;
2-48 (b) Procure the services of such experts, researchers and consultants
2-49 as it determines to be necessary; and
3-1 (c) Enter into a cooperative agreement with one or more other local
3-2 governments pursuant to chapter 277 of NRS.
3-3 3. Upon completion of the preparation of the study, the governing
3-4 body shall hold a public hearing on the study and, after receiving public
3-5 comment, adopt the study as prepared or with such modifications as it
3-6 deems appropriate. A governing body must adopt the study within 1 year
3-7 after the date on which the provisions of this section become applicable
3-8 to the governing body.
3-9 4. As soon as is practicable but not later than 30 days after the date
3-10 of adoption of the study pursuant to subsection 3, the governing body
3-11 shall submit the study to the regional planning commission or regional
3-12 planning coalition, as applicable, for certification pursuant to section 11
3-13 of this act.
3-14 Sec. 10. A study prepared pursuant to section 9 of this act must
3-15 include:
3-16 1. The identification of each environmentally sensitive area within
3-17 the unincorporated areas of the county or within the boundaries of the
3-18 city, as applicable; and
3-19 2. For each environmentally sensitive area identified pursuant to
3-20 subsection 1:
3-21 (a) A delineation of the boundaries of the environmentally sensitive
3-22 area;
3-23 (b) A preliminary inventory of the cultural and natural resources
3-24 located in the environmentally sensitive area;
3-25 (c) Guidelines to govern the carrying out of new development within
3-26 the environmentally sensitive area pending certification of the applicable
3-27 management plan; and
3-28 (d) A list of local, regional, state and federal agencies that manage
3-29 land within the environmentally sensitive area or conduct programs
3-30 which affect the environmentally sensitive area.
3-31 Sec. 11. 1. A study that is adopted and submitted pursuant to
3-32 section 9 of this act is not effective until:
3-33 (a) In a county whose population is 100,000 or more but less than
3-34 400,000, the regional planning commission has certified that the study is
3-35 consistent with the goals and requirements set forth in sections 2 to 17,
3-36 inclusive, of this act; or
3-37 (b) In a county whose population is 400,000 or more, the regional
3-38 planning coalition has certified that the study is consistent with the goals
3-39 and requirements set forth in sections 2 to 17, inclusive, of this act.
3-40 2. If the regional planning commission or regional planning
3-41 coalition determines that the study is not consistent with the goals and
3-42 requirements set forth in sections 2 to 17, inclusive, of this act, the
3-43 regional planning commission or regional planning coalition shall
3-44 return the study to the governing body that submitted the study
3-45 accompanied by:
3-46 (a) A written explanation of changes that must be made to the study
3-47 before the study may be certified in accordance with this section; and
3-48 (b) A statement of the date by which a revised study must be submitted
3-49 to the regional planning commission or regional planning coalition. The
4-1 regional planning commission or regional planning coalition may extend
4-2 that date at the request of the governing body.
4-3 3. If the governing body fails to submit a study or revised study in a
4-4 timely manner, the regional planning commission or regional planning
4-5 coalition shall inform the governor of that fact.
4-6 4. Upon the receipt of notice pursuant to subsection 3 that the
4-7 governing body failed to submit a study or revised study in a timely
4-8 manner, the governor shall, in accordance with the procedures set forth
4-9 in NRS 321.770, cause a management plan to be prepared for the city or
4-10 county, as applicable. A management plan prepared pursuant to the
4-11 provisions of this subsection:
4-12 (a) Must comply with the requirements set forth in section 13 of this
4-13 act; and
4-14 (b) Shall be deemed to have been certified by the regional planning
4-15 commission or regional planning coalition, as applicable.
4-16 5. If the governor causes a management plan to be prepared
4-17 pursuant to subsection 4:
4-18 (a) Such action does not prohibit the governing body on whose behalf
4-19 the management plan is prepared from submitting a study or revised
4-20 study to the regional planning commission or regional planning coalition
4-21 for certification.
4-22 (b) Unless and until the governor withdraws the management plan
4-23 that he caused to be prepared, that management plan takes precedence
4-24 over any study which the governing body submits subsequently to the
4-25 regional planning commission or regional planning coalition for
4-26 certification.
4-27 6. The governor may bring legal proceedings to enjoin the
4-28 construction of buildings or the performance of any other acts within the
4-29 area covered by the management plan that the governor caused to be
4-30 prepared pursuant to subsection 4 which would constitute a use of land
4-31 that the governor determines to be inconsistent with the goals and
4-32 requirements set forth in sections 2 to 17, inclusive, of this act.
4-33 Sec. 12. 1. In a county whose population is 100,000 or more:
4-34 (a) The governing body of the county; and
4-35 (b) The governing body of each city in the county,
4-36 shall, within 18 months after its study is certified pursuant to section 11
4-37 of this act, prepare or cause to be prepared a management plan for the
4-38 environmentally sensitive areas identified in the study. The management
4-39 plan must comply with the requirements set forth in section 13 of this act.
4-40 2. In carrying out the provisions of subsection 1, the governing body
4-41 may:
4-42 (a) Form a steering committee;
4-43 (b) Procure the services of such experts, researchers and consultants
4-44 as it determines to be necessary; and
4-45 (c) Enter into a cooperative agreement with one or more other local
4-46 governments pursuant to chapter 277 of NRS.
4-47 3. Upon completion of the preparation of a management plan, the
4-48 governing body shall hold a public hearing on the management plan
5-1 and, after receiving public comment, adopt the management plan as
5-2 prepared or with such modifications as it deems appropriate.
5-3 4. A management plan adopted pursuant to subsection 3 constitutes
5-4 an amendment of the master plan of the city or county whose governing
5-5 body adopted the management plan.
5-6 5. As soon as is practicable but not later than 30 days after the date
5-7 of adoption of a management plan pursuant to subsection 3, the
5-8 governing body shall submit the management plan to the regional
5-9 planning commission or regional planning coalition, as applicable, for
5-10 certification pursuant to section 14 of this act.
5-11 Sec. 13. A management plan prepared pursuant to section 12 of this
5-12 act:
5-13 1. Must incorporate the following goals for each environmentally
5-14 sensitive area identified in the study:
5-15 (a) Attainment and maintenance of all applicable state and federal
5-16 standards for air and water quality;
5-17 (b) Compliance with all applicable provisions of state implementation
5-18 plans for the preservation of air quality;
5-19 (c) Conservation of the soil and the minimization of erosion and
5-20 hydrologic modifications;
5-21 (d) Conservation of cultural resources in a manner that is consistent
5-22 with all applicable state and federal regulations; and
5-23 (e) The maintenance of the quality of existing daytime and nighttime
5-24 views from national conservation areas, national recreation areas and
5-25 federally designated wilderness and roadless areas.
5-26 2. Must not conflict with other programs for the conservation of
5-27 cultural and natural resources that have been or may foreseeably be
5-28 adopted, including, without limitation:
5-29 (a) A habitat conservation plan prepared and approved in accordance
5-30 with the federal Endangered Species Act of 1973, 16 U.S.C. §§ 1531 et
5-31 seq., as amended; and
5-32 (b) Any applicable plans for the preservation of historic resources, air
5-33 quality and water quality.
5-34 3. May incorporate by reference a habitat conservation plan
5-35 prepared and approved in accordance with the federal Endangered
5-36 Species Act of 1973, 16 U.S.C. §§ 1531 et seq., as amended.
5-37 4. Must include, for each environmentally sensitive area identified in
5-38 the study:
5-39 (a) An identification of:
5-40 (1) The development that is likely to occur pursuant to land use
5-41 plans which have been adopted for the city or county; and
5-42 (2) Any additional development that is reasonably foreseeable;
5-43 (b) An assessment of adverse effects on cultural and natural resources
5-44 that are likely to occur as a result of the development identified pursuant
5-45 to paragraph (a);
5-46 (c) A list of measures that the governing body will take to monitor,
5-47 minimize and mitigate the adverse effects described in paragraph (b),
5-48 including, without limitation, the trading of marketable mitigation
6-1 credits, the creation of a mitigation fund, the making of payments to that
6-2 fund, and the acquisition of property or interests in property;
6-3 (d) An identification of the money and other resources that the
6-4 governing body will use to carry out the measures described in paragraph
6-5 (c); and
6-6 (e) A description of procedures that the governing body will follow in
6-7 addressing unforeseen or extraordinary circumstances, including,
6-8 without limitation:
6-9 (1) Development of a type or on a scale not previously foreseen; and
6-10 (2) The loss of money and other resources that the governing body
6-11 had planned to use to carry out the measures described in paragraph (c).
6-12 Sec. 14. 1. A management plan that is adopted and submitted
6-13 pursuant to section 12 of this act is not effective until:
6-14 (a) In a county whose population is 100,000 or more but less than
6-15 400,000, the regional planning commission has certified that the
6-16 management plan is consistent with the goals and requirements set forth
6-17 in sections 2 to 17, inclusive, of this act; or
6-18 (b) In a county whose population is 400,000 or more, the regional
6-19 planning coalition has certified that the management plan is consistent
6-20 with the goals and requirements set forth in sections 2 to 17, inclusive, of
6-21 this act.
6-22 2. If the regional planning commission or regional planning
6-23 coalition determines that the management plan is not consistent with the
6-24 goals and requirements set forth in sections 2 to 17, inclusive, of this act,
6-25 the regional planning commission or regional planning coalition shall
6-26 return the management plan to the governing body that submitted the
6-27 management plan accompanied by:
6-28 (a) A written explanation of changes that must be made to the
6-29 management plan before the management plan may be certified in
6-30 accordance with this section; and
6-31 (b) A statement of the date by which a revised management plan must
6-32 be submitted to the regional planning commission or regional planning
6-33 coalition. The regional planning commission or regional planning
6-34 coalition may extend that date at the request of the governing body.
6-35 3. If the governing body fails to submit a management plan or
6-36 revised management plan in a timely manner, the regional planning
6-37 commission or regional planning coalition shall inform the governor of
6-38 that fact.
6-39 4. Upon the receipt of notice pursuant to subsection 3 that the
6-40 governing body failed to submit a management plan or revised
6-41 management plan in a timely manner, the governor shall, in accordance
6-42 with the procedures set forth in NRS 321.770, cause a management plan
6-43 to be prepared for the city or county, as applicable. A management plan
6-44 prepared pursuant to the provisions of this subsection:
6-45 (a) Must comply with the requirements set forth in section 13 of this
6-46 act; and
6-47 (b) Shall be deemed to have been certified by the regional planning
6-48 commission or regional planning coalition, as applicable.
7-1 5. If the governor causes a management plan to be prepared
7-2 pursuant to subsection 4:
7-3 (a) Such action does not prohibit the governing body for which the
7-4 management plan is prepared from submitting a management plan or
7-5 revised management plan to the regional planning commission or
7-6 regional planning coalition for certification.
7-7 (b) Unless and until the governor withdraws the management plan
7-8 that he caused to be prepared, that management plan takes precedence
7-9 over any management plan which the governing body submits
7-10 subsequently to the regional planning commission or regional planning
7-11 coalition for certification.
7-12 6. The governor may bring legal proceedings to enjoin the
7-13 construction of buildings or the performance of any other acts within the
7-14 area covered by the management plan that the governor caused to be
7-15 prepared pursuant to subsection 5 which would constitute a use of land
7-16 that the governor determines to be inconsistent with the goals and
7-17 requirements set forth in sections 2 to 17, inclusive, of this act.
7-18 Sec. 15. 1. After a governing body’s study has been certified and
7-19 before the governing body’s management plan is certified, the governing
7-20 body shall ensure that any development which takes place within an
7-21 environmentally sensitive area that is located within the jurisdiction of
7-22 that governing body is carried out in accordance with the guidelines
7-23 described in paragraph (c) of subsection 2 of section 10 of this act.
7-24 2. After a governing body’s management plan has been certified, the
7-25 governing body shall ensure that any development which takes place
7-26 within an environmentally sensitive area that is located within the
7-27 jurisdiction of that governing body is carried out in accordance with the
7-28 goals and requirements set forth in section 13 of this act.
7-29 Sec. 16. 1. If a governing body determines that significant
7-30 changes, including, without limitation:
7-31 (a) Development of a type or on a scale not previously foreseen; and
7-32 (b) The loss of money and other resources that the governing body
7-33 had planned to use to carry out the measures described in paragraph (c)
7-34 of subsection 4 of section 13 of this act,
7-35 have taken place in the circumstances affecting one or more of the
7-36 environmentally sensitive areas that are located within the jurisdiction of
7-37 that governing body, the governing body shall notify the regional
7-38 planning commission or regional planning coalition, as applicable, of
7-39 those changes.
7-40 2. If the regional planning commission or regional planning
7-41 coalition determines, independently or by notification pursuant to
7-42 subsection 1, that because of changed circumstances the governing body
7-43 will be unable to comply with the goals and requirements set forth in
7-44 sections 2 to 17, inclusive, of this act, the regional planning commission
7-45 or regional planning coalition may:
7-46 (a) Require that the governing body amend its study or management
7-47 plan, or both;
7-48 (b) Revoke the certification of the governing body’s study or
7-49 management plan, or both; or
8-1 (c) Carry out any combination of the actions authorized pursuant to
8-2 paragraphs (a) and (b).
8-3 3. If the regional planning commission or regional planning
8-4 coalition, pursuant to subsection 2, requires the governing body of a city
8-5 or county to amend its study or management plan or revokes the
8-6 certification of the study or management plan, the regional planning
8-7 commission or regional planning coalition shall provide to the affected
8-8 governing body:
8-9 (a) A written explanation of changes that must be made to the study or
8-10 management plan;
8-11 (b) A statement of the date by which a revised study or revised
8-12 management plan must be submitted to the regional planning
8-13 commission or regional planning coalition; and
8-14 (c) If applicable, a statement setting forth any additional procedures
8-15 that the governing body must follow to have its study or management
8-16 plan recertified.
8-17 Sec. 17. 1. A governing body may propose amendments to its
8-18 certified study or certified management plan, or both.
8-19 2. An amendment proposed pursuant to subsection 1 is not effective
8-20 until:
8-21 (a) In the case of an amendment to the certified study, the amendment
8-22 complies with the requirements of section 10 of this act, is approved by
8-23 the governing body and is certified by the regional planning commission
8-24 or regional planning coalition as consistent with the goals and
8-25 requirements set forth in sections 2 to 17, inclusive, of this act.
8-26 (b) In the case of an amendment to the management plan, the
8-27 amendment complies with the requirements of section 13 of this act, is
8-28 approved by the governing body and is certified by the regional planning
8-29 commission or regional planning coalition as consistent with the goals
8-30 and requirements set forth in sections 2 to 17, inclusive, of this act.
8-31 Sec. 18. NRS 278.010 is hereby amended to read as follows:
8-32 278.010 As used in NRS 278.010 to 278.630, inclusive, and sections 2
8-33 to 17, inclusive, of this act, unless the context otherwise requires, the
8-34 words and terms defined in NRS 278.0105 to 278.0195, inclusive, have the
8-35 meanings ascribed to them in those sections.
8-36 Sec. 19. NRS 278.150 is hereby amended to read as follows:
8-37 278.150 1. The planning commission shall prepare and adopt a
8-38 comprehensive, long-term general plan for the physical development of the
8-39 city, county or region which in the commission’s judgment bears relation
8-40 to the planning thereof.
8-41 2. The plan must be known as the master plan, and must be so
8-42 prepared that all or portions thereof, except as provided in subsection 3,
8-43 may be adopted by the governing body, as provided in NRS 278.010 to
8-44 278.630, inclusive, and sections 2 to 17, inclusive, of this act as a basis for
8-45 the development of the city, county or region for such reasonable period of
8-46 time next ensuing after the adoption thereof as may practically be covered
8-47 thereby.
9-1 3. In counties whose population is 100,000 or more, if the governing
9-2 body of the city or county adopts only a portion of the master plan, it shall
9-3 include in that portion [a] :
9-4 (a) A conservation plan, a housing plan and a population plan as
9-5 provided in NRS 278.160.
9-6 (b) A management plan, as that term is defined in section 7 of this act.
9-7 Sec. 20. The provisions of subsection 1 of NRS 354.599 do not apply
9-8 to any additional expenses of a local government that are related to the
9-9 provisions of this act.
9-10 H