SB554_EN

Senate Bill No. 554–Committee on Government Affairs

CHAPTER..........

AN ACT relating to land use planning; requiring the governing body of each county and city to adopt an ordinance providing for the appeal of certain land use decisions to the governing body; providing for an appeal of such decisions by the governing body to the district court; authorizing the governing body of a county or city to adopt an alternative procedure allowing certain decisions of a board of adjustment to be appealed directly to the district court; raising the maximum compensation that a governing body may provide to its planning commission for each meeting of the planning commission; authorizing certain attested copies of a master plan to be certified by electronic means; modifying the period within which certain entities must take action on a tentative map, parcel map or final map; revising provisions regarding the presentation of a series of final maps for a subdivision; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 278 of NRS is hereby amended by adding thereto a

new section to read as follows:

1. Except as otherwise provided in NRS 278.310, each governing

body shall adopt an ordinance providing that any person who is

aggrieved by a decision of:

(a) The planning commission, if the governing body has created a

planning commission pursuant to NRS 278.030;

(b) The board of adjustment, if the governing body has created a

board of adjustment pursuant to NRS 278.270;

hearing examiner pursuant to NRS 278.262; or

(d) Any other person appointed or employed by the governing body

who is authorized to make administrative decisions regarding the use of

land,

may appeal the decision to the governing body.

2. Except as otherwise provided in NRS 278.310, an ordinance

adopted pursuant to subsection 1 must set forth, without limitation:

(a) The period within which an appeal must be filed with the

governing body.

(b) The procedures pursuant to which the governing body will hear

the appeal.

(d) The period within which the governing body must render its

decision except that:

(1) In a county whose population is 400,000 or more, that period

must not exceed 45 days.

(2) In a county whose population is less than 400,000, that period

must not exceed 60 days.

(e) That the decision of the governing body is a final decision for the

purpose of judicial review.

(f) That, in reviewing a decision, the governing body will be guided by

the statement of purpose underlying the regulation of the improvement

of land expressed in NRS 278.020.

(g) That the governing body may charge the appellant a fee for the

filing of an appeal.

3. Any person who:

(a) Has appealed a decision to the governing body in accordance with

an ordinance adopted pursuant to subsection 1; and

(b) Is aggrieved by the decision of the governing body,

may appeal that decision to the district court of the proper county by

filing a petition for judicial review within 25 days after the date of filing

of notice of the decision with the clerk or secretary of the governing

body, as set forth in NRS 278.0235.

Sec. 2. NRS 278.010 is hereby amended to read as follows:

278.010 As used in NRS 278.010 to 278.630, inclusive, and section 1

of this act, unless the context otherwise requires, the words and terms

defined in NRS 278.0105 to 278.0195, inclusive, have the meanings

ascribed to them in those sections.

Sec. 3. NRS 278.040 is hereby amended to read as follows:

278.040 1. The members of the planning commission are appointed

by the chief executive officer of the city, or in the case of a county by the

chairman of the board of county commissioners, with the approval of the

governing body. The members must not be members of the governing

body of the city or county. The majority of the members of the county

planning commission in any county whose population is 400,000 or more

must reside within the unincorporated area of the county.

2. In Carson City, the members of the planning commission

established as provided in NRS 278.030 are appointed by the mayor from

the city at large, with the approval of the board of supervisors.

3. The governing body may provide for compensation to its planning

commission in an amount of not more than [$50] $80 per meeting of the

commission, with a total of not more than $400 per month, and may

provide travel expenses and subsistence allowances for the members in the

same amounts as are allowed for other officers and employees of the

county or city.

4. Except as otherwise provided in this subsection, the term of each

member is 4 years, or until his successor takes office. If applicable, the

term of each member of a county or city planning commission in any

county whose population is 400,000 or more is coterminous with the term

of the member of the governing body who recommended his appointment

to the appointing authority. If the recommending member resigns his

office before the expiration of his term, the corresponding member of the

planning commission may continue to serve until the office is next filled

by election. If the office of the recommending member becomes vacant

before the expiration of the term for any other reason, the corresponding

member of the planning commission may continue to serve for the

duration of the original term.

5. Members may be removed, after public hearing, by a majority vote

of the governing body for just cause.

6. Vacancies occurring otherwise than through the expiration of term

must be filled for the unexpired term.

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, 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. 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] must be certified to the governing body of [such] the city,

county or region. The governing body of the city, county or region may

authorize such certification by electronic means.

5. 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. The

county planning commission and board of county commissioners may

authorize such certification by electronic means.

Sec. 5. NRS 278.265 is hereby amended to read as follows:

278.265 1. Any ordinance enacted pursuant to the provisions of NRS

278.264 must provide, in substance, the same notice of hearing and

conduct of hearing safeguards required by NRS 278.315 or 278.480,

whichever is applicable.

2. The governing body shall, by ordinance, set forth the duties and

powers of the hearing examiner, including a statement of whether the

hearing examiner may take final action on any matter assigned to him by

the governing body.

3. Except as otherwise provided in subsection 4, the governing body

may authorize the hearing examiner to take final action on matters relating

to a variance, vacation, abandonment, special use permit, conditional use

permit and other special exception or application specified in the

ordinance.

4. The governing body shall not authorize the hearing examiner to take

final action on:

(a) Matters relating to a zoning classification, zoning district or an

amendment to a zoning boundary.

(b) An application for a conditional use permit that is filed pursuant to

NRS 278.147.

5. An [ordinance adopted pursuant to NRS 278.264 must set forth the

manner in which an] applicant or protestant may appeal any final action

taken by the hearing examiner [to the governing body.] in accordance

with the ordinance adopted pursuant to section 1 of this act.

Sec. 6. NRS 278.310 is hereby amended to read as follows:

278.310 1. [Appeals] 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 a building permit, or

by the decision of any administrative officer or agency based upon or

made in the course of the administration or enforcement of the provisions

of any zoning regulation or any regulation relating to the location or

soundness of structures.

(b) Any officer, department, board or bureau of the city or county

affected by the grant or refusal of a building permit or by other decision of

an administrative officer or agency based on or made in the course of the

administration or enforcement of the provisions of any zoning regulations.

2. [The] Except as otherwise provided in subsection 4, the time within

which an appeal must be made, and the form of other procedure relating

thereto, [shall] must be as specified in the general rules provided by the

governing body to govern the procedure of the board of adjustment and in

the supplemental rules of procedure adopted by the board of adjustment.

3. Each governing body which has created a board of adjustment

pursuant to NRS 278.270 shall adopt an ordinance providing that any

person who is aggrieved by a decision of the board of adjustment

regarding an appeal of an administrative decision may appeal the

decision of the board of adjustment. An ordinance that a governing body

is required to adopt pursuant to this subsection must either:

(a) Comply with subsection 2 of section 1 of this act, thereby requiring

the aggrieved person first to appeal the decision of the board of

adjustment to the governing body; or

(b) Set forth a separate procedure which allows the aggrieved person

to appeal the decision of the board of adjustment directly to the district

court of the proper county by filing a petition for judicial review within

25 days after the date of filing of notice of the decision with the clerk or

secretary of the board of adjustment, as provided in NRS 278.0235.

4. If the governing body has not created a board of adjustment

pursuant to NRS 278.270, any person aggrieved by the decision of an

administrative officer or agency, as described in subsection 1, may

appeal the decision in accordance with the ordinance adopted pursuant

to section 1 of this act.

Sec. 7. 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;

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, as listed on the county assessor’s records, of at least 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. An [ordinance adopted pursuant to this section must provide an

opportunity for the] applicant or a protestant [to appeal from] may appeal

a decision of the board of adjustment, planning commission or hearing

examiner [to the governing body.] in accordance with the ordinance

adopted pursuant to section 1 of this act.

5. 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;

(d) A telephone number which may be used by interested persons to

obtain additional information.

6. A sign required pursuant to subsection 5 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. 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, if any. The

additional fee is not subject to the limitation imposed by NRS 354.5989.

8. The governing body shall remove or cause to be removed any sign

required by subsection 5 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. The provisions of this section do not apply to an application for

conditional use permit filed pursuant to NRS 278.147.

Sec. 8. NRS 278.319 is hereby amended to read as follows:

278.319 1. The governing body may adopt an ordinance that

authorizes the director of planning or another person or agency to grant

minor deviations from requirements for land use established within a

zoning district without conducting a hearing. The ordinance must require

an applicant for a minor deviation to obtain the written consent of the

owner of any real property that would be affected by the minor deviation.

2. If the director of planning or other authorized person or agency

grants a deviation in accordance with its authority delegated pursuant to

subsection 1, the director of planning or other authorized person or agency

shall ensure that the deviation will not impair the purpose of the zoning

district or any regulations adopted by the governing body pursuant to NRS

278.250.

3. An [ordinance adopted pursuant to this section must provide an

opportunity for an] applicant or other aggrieved person [to] may appeal the

decision of the director of planning or other authorized person or agency

[to the governing body.] in accordance with the ordinance adopted

pursuant to section 1 of this act.

Sec. 9. NRS 278.328 is hereby amended to read as follows:

278.328 The governing body may, by ordinance, authorize the

planning commission to take final action on a tentative map and a final

map. Any person aggrieved by the commission’s action may appeal the

commission’s decision [to the governing body within a reasonable period

to be determined, by ordinance, by the governing body.] in accordance

with the ordinance adopted pursuant to section 1 of this act.

Sec. 10. NRS 278.330 is hereby amended to read as follows:

278.330 1. The initial action in connection with the making of any

subdivision is the preparation of a tentative map.

2. The subdivider shall file copies of such map with the planning

commission or its designated representative, or with the clerk of the

governing body if there is no planning commission, together with a filing

fee in an amount determined by the governing body.

3. The commission, its designated representative, the clerk or other

designated representative of the governing body or, when authorized by

the governing body, the subdivider or any other appropriate agency shall

distribute copies of the map and any accompanying data to all state and

local agencies charged with reviewing the proposed subdivision.

4. If there is no planning commission, the clerk of the governing body

shall submit the tentative map to the governing body at its next regular

meeting.

5. Except as otherwise provided by subsection 6, if there is a planning

commission, it shall:

(a) In a county whose population is [50,000] 400,000 or more, within 45

days; or

(b) In a county whose population is less than [50,000,] 400,000, within

60 days,

after accepting as a complete application a tentative map, recommend

approval, conditional approval or disapproval of the map in a written

report filed with the governing body.

6. If the governing body has authorized the planning commission to

take final action on a tentative map, the planning commission shall:

(a) In a county whose population is [50,000] 400,000 or more, within 45

days; or

(b) In a county whose population is less than [50,000,] 400,000, within

60 days,

after accepting as a complete application a tentative map, approve,

conditionally approve or disapprove the tentative map in the manner

provided for in NRS 278.349. [It] The planning commission shall file its

written decision with the governing body.

Sec. 11. NRS 278.349 is hereby amended to read as follows:

278.349 1. Except as otherwise provided in subsection 2, the

governing body, if it has not authorized the planning commission to take

final action, shall, by an affirmative vote of a majority of all the members,

approve, conditionally approve or disapprove a tentative map filed

pursuant to NRS 278.330:

(a) In a county whose population is [50,000] 400,000 or more, within 45

days; or

(b) In a county whose population is less than [50,000,] 400,000, within

60 days,

after receipt of the planning commission’s recommendations.

2. If there is no planning commission, the governing body shall

approve, conditionally approve or disapprove a tentative map:

(a) In a county whose population is [50,000] 400,000 or more, within 45

days; or

(b) In a county whose population is less than [50,000,] 400,000, within

60 days,

after the map is filed with the clerk of the governing body.

3. The governing body, or planning commission if it is authorized to

take final action on a tentative map, shall consider:

(a) Environmental and health laws and regulations concerning water

and air pollution, the disposal of solid waste, facilities to supply water,

community or public sewage disposal and, where applicable, individual

systems for sewage disposal;

(b) The availability of water which meets applicable health standards

and is sufficient in quantity for the reasonably foreseeable needs of the

subdivision;

(d) The availability and accessibility of public services such as schools,

police protection, transportation, recreation and parks;

(e) Conformity with the zoning ordinances and master plan, except that

if any existing zoning ordinance is inconsistent with the master plan, the

zoning ordinance takes precedence;

(f) General conformity with the governing body’s master plan of streets

and highways;

(g) The effect of the proposed subdivision on existing public streets and

the need for new streets or highways to serve the subdivision;

(h) Physical characteristics of the land such as flood plain, slope and

soil;

(i) The recommendations and comments of those entities reviewing the

tentative map pursuant to NRS 278.330 to 278.348, inclusive; and

(j) The availability and accessibility of fire protection, including, but not

limited to, the availability and accessibility of water and services for the

prevention and containment of fires, including fires in wild lands.

4. The governing body or planning commission shall, by an

affirmative vote of a majority of all the members, make a final disposition

of the tentative map. Any disapproval or conditional approval must

include a statement of the reason for that action.

Sec. 12. NRS 278.360 is hereby amended to read as follows:

278.360 1. Unless a longer time is provided in an agreement entered

into pursuant to NRS 278.0201:

(a) Unless the time is extended, the subdivider shall present to the

governing body, or[,] the planning commission or the director of planning

or other authorized person or agency if authorized to take final action by

the governing body, within 2 years after the approval of a tentative map:

(1) A final map, prepared in accordance with the tentative map, for

the entire area for which a tentative map has been approved; or

(2) The first of a series of final maps covering a portion of the

approved tentative map. [The subdivider shall] If the subdivider elects to

present a successive map in a series of final maps, each covering a portion

of the approved tentative map, [within successive 1-year periods after the

date of approval of the latest final map in the series.] the subdivider shall

present to the governing body, or the planning commission or the

director of planning or other authorized person or agency if authorized

to take final action by the governing body, on or before the anniversary

of the date on which the subdivider presented to that entity for

recordation the first in the series of final maps:

(I) A final map, prepared in accordance with the tentative map,

for the entire area for which the tentative map has been approved; or

(II) The next final map in the series of final maps covering a

portion of the approved tentative map.

(b) If the subdivider fails to [record a final map for any portion of the

tentative map within 2 years after the date of approval of the tentative

map, or within 1 year after the date of approval of the most recently

recorded final map,] comply with the provisions of paragraph (a), all

proceedings concerning the subdivision are terminated.

of not more than 1 year for the presentation of any final map after the 1

-year period for presenting a successive final map has expired.

2. If the subdivider is presenting in a timely manner a series of final

maps, each covering a portion of the approved tentative map, no

requirements other than those imposed on each of the final maps in the

series may be placed on the map when an extension of time is granted

unless the requirement is directly attributable to a change in applicable

laws which affect the public health, safety or welfare.

Sec. 13. NRS 278.380 is hereby amended to read as follows:

278.380 1. After receipt of the final map:

(a) The governing body or planning commission, at its next meeting; or

(b) If authorized by the governing body, the director of planning or

other authorized person or agency, within 10 days after the map is

accepted as a complete application by the governing body, planning

commission, the director of planning or other authorized person or agency,

shall approve the map if it conforms to all the requirements of NRS

278.010 to 278.630, inclusive, and section 1 of this act, and of any local

ordinance applicable at the time of approval of the final map, or any

rulings made thereunder.

2. The governing body, planning commission or director of planning

or other authorized person or agency shall at that time also accept or reject

all offers of dedication and may, as a condition precedent to the

acceptance of streets or easements, require that the subdivider improve or

agree to improve the streets or easements.

3. If an agreement for a required improvement is entered into, the

governing body or planning commission may require that the agreement

be secured by a good and sufficient bond or other security in the amount

determined by the governing body, planning commission or director of

planning or other authorized person or agency.

4. Any requirement imposed by the planning commission, director of

planning or other authorized person or agency pursuant to this section may

be appealed [to the governing body.] in accordance with the ordinance

adopted pursuant to section 1 of this act. If such an appeal is filed, the

limit on time to approve or disapprove a final map in subsection 1 is

extended until 10 days after [the] :

(a) The decision of the governing body on the appeal[.] ; or

(b) The decision of the district court, if the decision of the governing

body is appealed to the district court.

Sec. 14. NRS 278.464 is hereby amended to read as follows:

278.464 1. Except as otherwise provided in subsection 2, if there is a

planning commission, it shall:

(a) In a county whose population is [50,000] 400,000 or more, within 45

days; or

(b) In a county whose population is less than [50,000,] 400,000, within

60 days,

after accepting as a complete application a parcel map, recommend

approval, conditional approval or disapproval of the map in a written

report. The planning commission shall submit the parcel map and the

written report to the governing body.

2. If the governing body has authorized the planning commission to

take final action on a parcel map, the planning commission shall:

(a) In a county whose population is [50,000] 400,000 or more, within 45

days; or

(b) In a county whose population is less than [50,000,] 400,000, within

60 days,

after accepting as a complete application the parcel map, approve,

conditionally approve or disapprove the map. [It] The planning

commission shall file its written decision with the governing body. Unless

the time is extended by mutual agreement, if the planning commission is

authorized to take final action and it fails to take action within the period

specified in this subsection, the parcel map shall be deemed approved.

3. If there is no planning commission or if the governing body has not

authorized the planning commission to take final action, the governing

body or, by authorization of the governing body, the director of planning

or other authorized person or agency shall:

(a) In a county whose population is [50,000] 400,000 or more, within 45

days; or

(b) In a county whose population is less than [50,000,] 400,000, within

60 days,

after acceptance of the parcel map as a complete application by the

governing body pursuant 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 extended by mutual agreement, if the

governing body, the director of planning or other authorized person or

agency fails to take action within the period specified in this subsection,

the parcel map shall be deemed approved.

4. Except as otherwise provided in NRS 278.463, if unusual

circumstances exist, a governing body or, if authorized by the governing

body, the planning commission may waive the requirement for a parcel

map. Before waiving the requirement for a parcel map, a determination

must be made by the county surveyor, city surveyor or professional land

surveyor appointed by the governing body that a survey is not required.

Unless the time is extended by mutual agreement, a request for a waiver

must be acted upon:

(a) In a county whose population is [50,000] 400,000 or more, within 45

days; or

(b) In a county whose population is less than [50,000,] 400,000, within

60 days,

after the date of the request for the waiver[,] or, in the absence of action,

the waiver shall 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 to approve, conditionally approve or disapprove a

second or subsequent parcel map for land that has been divided by a parcel

map which was recorded within the 5 years immediately preceding the

acceptance of the second or subsequent parcel map as a complete

application.

6. An applicant or other person aggrieved by a decision of the

governing body’s authorized representative or by a final act of the

planning commission may appeal [to the governing body within a

reasonable period to be determined, by ordinance, by the governing body.

The governing body shall render its decision:

(a) In a county whose population is 50,000 or more, within 45 days; or

(b) In a county whose population is less than 50,000, within 60 days,

after the date the appeal is filed.] the decision in accordance with the

ordinance adopted pursuant to section 1 of this act.

7. If a parcel map and the associated division of land are approved or

deemed approved pursuant to this section, the approval must be noted on

the map in the form of a certificate attached thereto and executed by the

clerk of the governing body, the governing body’s designated

representative or the chairman of the planning commission. A certificate

attached to a parcel map pursuant to this subsection must indicate, if

applicable, that the governing body or planning commission determined

that a public street, easement or utility easement which will not remain in

effect after a merger and resubdivision of parcels conducted pursuant to

NRS 278.4925[,] has been vacated or abandoned in accordance with

NRS 278.480.

Sec. 15. NRS 278.4725 is hereby amended to read as follows:

278.4725 1. Except as otherwise provided in this section, if the

governing body has authorized the planning commission to take final

action on a final map, the planning commission shall approve,

conditionally approve or disapprove the final map, basing its action upon

the requirements of NRS 278.472:

(a) In a county whose population is [50,000] 400,000 or more, within 45

days; or

(b) In a county whose population is less than [50,000,] 400,000, within

60 days,

after accepting the final map as a complete application. The planning

commission shall file its written decision with the governing body. Except

as otherwise provided in subsection 5, or unless the time is extended by

mutual agreement, if the planning commission is authorized to take final

action and it fails to take action within the period specified in this

subsection, the final map shall be deemed approved unconditionally.

2. If there is no planning commission or if the governing body has not

authorized the planning commission to take final action, the governing

body or its authorized representative shall approve, conditionally approve

or disapprove the final map, basing its action upon the requirements of

NRS 278.472:

(a) In a county whose population is [50,000] 400,000 or more, within 45

days; or

(b) In a county whose population is less than [50,000,] 400,000, within

60 days,

after the final map is accepted as a complete application. Except as

otherwise provided in subsection 5 or unless the time is extended by

mutual agreement, if the governing body or its authorized representative

fails to take action within the period specified in this subsection, the final

map shall be deemed approved unconditionally.

3. An applicant or other person aggrieved by a decision of the

authorized representative of the governing body or by a final act of the

planning commission may appeal [to the governing body within a

reasonable period to be determined, by ordinance, by the governing body.

The governing body shall render its decision:

(a) In a county whose population is 50,000 or more, within 45 days; or

(b) In a county whose population is less than 50,000, within 60 days,

after the date on which the appeal is filed.] the decision in accordance

with the ordinance adopted pursuant to section 1 of this act.

4. If the map is disapproved, the governing body or its authorized

representative or the planning commission shall return the map to the

person who proposes to divide the land, with the reason for its action and a

statement of the changes necessary to render the map acceptable.

5. If the final map divides the land into 16 lots or more, the governing

body or its authorized representative or the planning commission shall not

approve a map, and a map shall not be deemed approved, unless:

(a) Each lot contains an access road that is suitable for use by

emergency vehicles; and

(b) The corners of each lot are set by a professional land surveyor.

6. If the final map divides the land into 15 lots or less, the governing

body or its authorized representative or the planning commission may, if

reasonably necessary, require the map to comply with the provisions of

subsection 5.

7. Upon approval, the map must be filed with the county recorder.

Filing with the county recorder operates as a continuing:

(a) Offer to dedicate for public roads the areas shown as proposed roads

or easements of access, which the governing body may accept in whole or

in part at any time or from time to time.

(b) Offer to grant the easements shown for public utilities, which any

public utility may similarly accept without excluding any other public

utility whose presence is physically compatible.

8. The map filed with the county recorder must include:

(a) A certificate signed and acknowledged by each owner of land to be

divided consenting to the preparation of the map, the dedication of the

roads and the granting of the easements.

(b) A certificate signed by the clerk of the governing body or authorized

representative of the governing body or the secretary to the planning

commission that the map was approved, or the affidavit of the person

presenting the map for filing that the time limited by subsection 1 or 2 for

action by the governing body or its authorized representative or the

planning commission has expired and that the requirements of subsection

have been met. A certificate signed pursuant to this paragraph must also

indicate, if applicable, that the governing body or planning commission

determined that a public street, easement or utility easement which will

not remain in effect after a merger and resubdivision of parcels conducted

pursuant to NRS 278.4925, has been vacated or abandoned in accordance

with NRS 278.480.

the land to be divided is located indicating that all property taxes on the

land for the fiscal year have been paid.

9. A governing body may by local ordinance require a final map to

include:

(a) A report from a title company which lists the names of:

(1) Each owner of record of the land to be divided; and

(2) Each holder of record of a security interest in the land to be

divided, if the security interest was created by a mortgage or a deed of

trust.

(b) The signature of each owner of record of the land to be divided.

listed pursuant to subparagraph (2) of paragraph (a), to the preparation and

recordation of the final map. A holder of record may consent by signing:

(1) The final map; or

(2) A separate document that is filed with the final map and declares

his consent to the division of land.

10. After a map has been filed with the county recorder, any lot shown

thereon may be conveyed by reference to the map, without further

description.

11. The county recorder shall charge and collect for recording the map

a fee of not more than $35 per page set by the board of county

commissioners.

12. A county recorder who records a final map pursuant to 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 any supporting documents; or

(b) Access to the digital final map and any digital supporting

documents.

Sec. 16. NRS 278.480 is hereby amended to read as follows:

278.480 1. Except as otherwise provided in subsection 10, any

abutting owner or local government desiring the vacation or abandonment

of any street or easement owned by a city or a county, or any portion

thereof, shall file a petition in writing with the planning commission or the

governing body having jurisdiction.

2. The governing body may establish by ordinance a procedure by

which, after compliance with the requirements for notification of public

hearing set forth in this section, a vacation or abandonment of a street or

an easement may be approved in conjunction with the approval of a

tentative map pursuant to NRS 278.349.

3. Whenever any street or easement owned by a city or a county is

proposed to be vacated, the governing body, or the planning commission

or hearing examiner if authorized to take final action by the governing

body, shall notify by certified mail each owner of property abutting the

proposed

abandonment and cause a notice to be published at least once in a

newspaper of general circulation in the city or county, setting forth the

extent of the proposed abandonment and setting a date for public hearing,

which must be not less than 10 days and not more than 40 days after the

date the notice is first published.

4. Except as provided in subsection 5, if, upon public hearing, the

governing body, or the planning commission or hearing examiner if

authorized to take final action by the governing body, is satisfied that the

public will not be materially injured by the proposed vacation, it shall

order the street or easement vacated. The governing body, or the planning

commission or hearing examiner if authorized to take final action by the

governing body, may make the order conditional, and the order becomes

effective only upon the fulfillment of the conditions prescribed. An

applicant or other person aggrieved by the decision of the planning

commission or hearing examiner may appeal [to the governing body

within a reasonable period to be determined, by ordinance, by the

governing body.] the decision in accordance with the ordinance adopted

pursuant to section 1 of this act.

5. If a utility has an easement over the property, the governing body, or

the planning commission or hearing examiner if authorized to take final

action by the governing body, shall provide in its order for the

continuation of that easement.

6. The order must be recorded in the office of the county recorder, if

all the conditions of the order have been fulfilled, and upon the recordation

title to the street or easement reverts to the abutting property owners in the

approximate proportion that the property was dedicated by the abutting

property owners or their predecessors in interest. In the event of a partial

vacation of a street where the vacated portion is separated from the

property from which it was acquired by the unvacated portion of it, the

governing body may sell the vacated portion upon such terms and

conditions as it deems desirable and in the best interests of the city or

county. If the governing body sells the vacated portion, it shall afford the

right of first refusal to each abutting property owner as to that part of the

vacated portion which abuts his property, but no action may be taken by

the governing body to force the owner to purchase that portion and that

portion may not be sold to any person other than the owner if the sale

would result in a complete loss of access to a street from the abutting

property.

7. If the street was acquired by dedication from the abutting property

owners or their predecessors in interest, no payment is required for title to

the proportionate part of the street reverted to each abutting property

owner. If the street was not acquired by dedication, the governing body

may make its order conditional upon payment by the abutting property

owners for their proportionate part of the street of such consideration as

the governing body determines to be reasonable. If the governing body

determines that the vacation has a public benefit, it may apply the benefit

as an offset against a determination of reasonable consideration which did

not take into account the public benefit.

8. If an easement for light and air owned by a city or a county is

adjacent to a street vacated pursuant to the provisions of this section, the

easement is vacated upon the vacation of the street.

9. In any vacation or abandonment of any street owned by a city or a

county, or any portion thereof, the governing body, or the planning

commission or hearing examiner if authorized to take final action by the

governing body, may reserve and except therefrom all easements, rights or

interests therein which the governing body, or the planning commission or

hearing examiner if authorized to take final action by the governing body,

deems desirable for the use of the city, the county or any public utility.

10. The governing body may establish by local ordinance a simplified

procedure for the vacation or abandonment of an easement for a public

utility owned or controlled by the governing body.

Sec. 16.3. Sections 4 and 8 of Assembly Bill No. 182 of this session

are hereby amended to read as follows:

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 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, must be by resolution of the

commission carried by the affirmative votes of not less than two

-thirds of the total membership of the commission. The resolution

must refer expressly to the maps, descriptive matter and other matter

intended by the commission to constitute the plan or any amendment,

addition or extension thereof, and the action taken must be recorded

on the map and plan and descriptive matter by the identifying

signatures of the secretary and chairman of the commission.

3. No plan or map, hereafter, may have indicated thereon that it is

a part of the master plan until it has been adopted as part of the

master plan by the commission as herein provided for the adoption

thereof, whenever changed conditions or further studies by the

commission require such amendments, extension or addition.

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 in accordance with NRS 278.170 must be

certified to the governing body of the city, county or region. The

governing body of the city, county or region may authorize such

certification by electronic means.

[5.] 6. An attested copy of any part, amendment, extension of or

addition to the master plan adopted by any regional planning

commission must be certified to the county planning commission and

to the board of county commissioners of each county within the

regional district. The county planning commission and board of

county commissioners may authorize such certification by electronic

means.

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;

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 applicant or a protestant may appeal a decision of the board

of adjustment, planning commission or hearing examiner in

accordance with the ordinance adopted pursuant to section 1 of

Senate Bill No. 554 of this [act.

5.] session.

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;

(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. 16.5. Sections 3, 4 and 5 of Assembly Bill No. 553 of this session

are hereby amended to read as follows:

Sec. 3. 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]

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

[by mail] at least 10 days before the hearing to:

(a) The applicant;

(b) Each owner of real property , as listed on the county assessor’s

records, located within 300 feet of the property in question;

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 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. Except as otherwise provided in subsection 7, in a county

whose population is 100,000 or more, a notice setting forth the time,

place and purpose of the hearing must be sent at least 10 days

before the hearing to:

(a) The applicant;

(b) If the application is for a deviation of at least 10 percent but

not more than 30 percent from a standard for development:

(1) Each owner, as listed on the county assessor’s records, of

real property located within 100 feet of the property in question;

and

(2) Each tenant of a mobile home park located within 100 feet

of the property in question;

more than 30 percent from a standard for development:

(1) Each owner, as listed on the county assessor’s records, of

real property located within 500 feet of the property in question;

(2) The owner, as listed on the county assessor’s records, of

each of the 30 separately owned parcels nearest the property in

question, to the extent this notice does not duplicate the notice given

pursuant to subparagraph (1); and

(3) Each tenant of a mobile home park located within 500 feet

of the property in question;

(d) If the application is for a change in zoning or a project of

regional significance, as that term is described in NRS 278.02542:

(1) Each owner, as listed on the county assessor’s records, of

real property located within 750 feet of the property in question;

(2) The owner, as listed on the county assessor’s records, of

each of the 30 separately owned parcels nearest the property in

question, to the extent this notice does not duplicate the notice given

pursuant to subparagraph (1); and

(3) Each tenant of a mobile home park located within 750 feet

of the property in question; and

(e) Any advisory board which has been established for the

affected area by the governing body.

5. If an application is filed with the governing body for the

issuance of a special use permit with regard to property situated

within an unincorporated town that is located more than 10 miles

from an incorporated city, the governing body shall, at least 10 days

before the hearing on the application is held pursuant to subsection 2,

transmit a copy of any information pertinent to the application to the

town board, citizens’ advisory council or town advisory board,

whichever is applicable, of the unincorporated town. The town board,

citizens’ advisory council or town advisory board may make

recommendations regarding the application and submit its

recommendations before the hearing on the application is held

pursuant to subsection 2. The governing body or other authorized

person or entity conducting the hearing shall consider any

recommendations submitted by the town board, citizens’ advisory

council or town advisory board regarding the application and, within

10 days after making its decision on the application, transmit a copy

of its decision to the town board, citizens’ advisory council or town

advisory board.

[5.] 6. An applicant or a protestant may appeal a decision of the

board of adjustment, planning commission or hearing examiner in

accordance with the ordinance adopted pursuant to section 1 of

Senate Bill No. 554 of this session.

[6.] 7. 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] at least 10 days before the

hearing [, erect] :

(a) Send a notice setting forth the time, place, and purpose of the

hearing to:

(1) The applicant;

(2) Each owner, as listed on the county assessor’s records, of

real property located within 1,500 feet of the property in question;

(3) The owner, as listed on the county assessor’s records, of

each of the 30 separately owned parcels nearest the property in

question, to the extent this notice does not duplicate the notice given

pursuant to subparagraph (2);

(4) Each tenant of a mobile home park located within 1,500

feet of the property in question; and

(5) Any advisory board which has been established for the

affected area by the governing body; and

(b) Erect or cause to be erected on the property, at least one sign

not less than 2 feet high and 2 feet wide. The sign must be made of

material reasonably calculated to withstand the elements for 40 days.

The governing body must be consistent in its use of colors for the

background and lettering of the sign. The sign must include the

following information:

[(a)] (1) The existing permitted use and zoning designation of the

property in question;

[(b)] (2) The proposed permitted use of the property in question;

[(c)] (3) The date, time and place of the public hearing; and

[(d)] (4) A telephone number which may be used by interested

persons to obtain additional information.

[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 for a special use permit to cover the actual costs resulting

from the erection of not more than one sign 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. The notice required to be provided pursuant to

subsections 3, 4 and 7 must be sent by mail or, if requested by a

party to whom notice must be provided pursuant to those

subsections, by electronic means if receipt of such an electronic

notice can be verified, and be written in language which is easy to

understand. The notice must set forth the time, place and purpose

of the hearing and a physical description or map of the property in

question.

12. The provisions of this section do not apply to an application

for a conditional use permit filed pursuant to NRS 278.147.

Sec. 4. NRS 278.319 is hereby amended to read as follows:

278.319 1. The governing body may adopt an ordinance that

authorizes the director of planning or another person or agency to

grant [minor deviations] a deviation of less than 10 percent from

requirements for land use established within a zoning district without

conducting a hearing. The ordinance must require an applicant for

such a [minor] deviation to obtain the written consent of the owner of

any real property that would be affected by the [minor] deviation.

2. If the director of planning or other authorized person or agency

grants a deviation in accordance with its authority delegated pursuant

to subsection 1, the director of planning or other authorized person or

agency shall ensure that the deviation will not impair the purpose of

the zoning district or any regulations adopted by the governing body

pursuant to NRS 278.250.

3. An applicant or other aggrieved person may appeal the

decision of the director of planning or other authorized person or

agency in accordance with the ordinance adopted pursuant to section

1 of Senate Bill No. 554 of this [act.]session.

Sec. 5. NRS 278.480 is hereby amended to read as follows:

278.480 1. Except as otherwise provided in subsection [10,] 11,

any abutting owner or local government desiring the vacation or

abandonment of any street or easement owned by a city or a county,

or any portion thereof, shall file a petition in writing with the

planning commission or the governing body having jurisdiction.

2. The governing body may establish by ordinance a procedure by

which, after compliance with the requirements for notification of

public hearing set forth in this section, a vacation or abandonment of

a street or an easement may be approved in conjunction with the

approval of a tentative map pursuant to NRS 278.349.

3. [Whenever any street] A government patent easement which is

no longer required for a public purpose may be vacated by:

(a) The governing body; or

(b) The planning commission, hearing examiner or other

designee, if authorized to take final action by the governing body,

without conducting a hearing on the vacation if the applicant for the

vacation obtains the written consent of each owner of property

abutting the proposed vacation and any utility that is affected by the

proposed vacation.

4. Except as otherwise provided in subsection 3, if any right of

way or easement required for a public purpose that is owned by a

city or a county is proposed to be vacated, the governing body, or the

planning commission , [or] hearing examiner or other designee, if

authorized to take final action by the governing body, shall notify by

certified mail each owner of property abutting the proposed

abandonment and cause a notice to be published at least once in a

newspaper of general circulation in the city or county, setting forth

the extent of the proposed abandonment and setting a date for public

hearing, which must be not less than 10 days and not more than 40

days after the date the notice is first published.

[4.] 5. Except as provided in subsection [5,] 6, if, upon public

hearing, the governing body, or the planning commission , [or]

hearing examiner or other designee, if authorized to take final action

by the governing body, is satisfied that the public will not be

materially injured by the proposed vacation, it shall order the street or

easement vacated. The governing body, or the planning commission ,

[or] hearing examiner or other designee, if authorized to take final

action by the governing body, may make the order conditional, and

the order becomes effective only upon the fulfillment of the

conditions prescribed. An applicant or other person aggrieved by the

decision of the planning commission , [or] hearing examiner or other

designee may appeal the decision in accordance with the ordinance

adopted pursuant to section 1 of Senate Bill No. 554 of this [act.

5.] session.

6. If a utility has an easement over the property, the governing

body, or the planning commission , [or] hearing examiner or other

designee, if authorized to take final action by the governing body,

shall provide in its order for the continuation of that easement.

[6.] 7. The order must be recorded in the office of the county

recorder, if all the conditions of the order have been fulfilled, and

upon the recordation title to the street or easement reverts to the

abutting property owners in the approximate proportion that the

property was dedicated by the abutting property owners or their

predecessors in interest. In the event of a partial vacation of a street

where the vacated portion is separated from the property from which

it was acquired by the unvacated portion of it, the governing body

may sell the vacated portion upon such terms and conditions as it

deems desirable and in the best interests of the city or county. If the

governing body sells the vacated portion, it shall afford the right of

first refusal to each abutting property owner as to that part of the

vacated portion which abuts his property, but no action may be taken

by the governing body to force the owner to purchase that portion and

that portion may not be sold to any person other than the owner if the

sale would result in a complete loss of access to a street from the

abutting property.

[7.] 8. If the street was acquired by dedication from the abutting

property owners or their predecessors in interest, no payment is

required for title to the proportionate part of the street reverted to

each abutting property owner. If the street was not acquired by

dedication, the governing body may make its order conditional upon

payment by the abutting property owners for their proportionate part

of the street of such consideration as the governing body determines

to be reasonable. If the governing body determines that the vacation

has a public benefit, it may apply the benefit as an offset against a

determination of reasonable consideration which did not take into

account the public benefit.

[8.] 9. If an easement for light and air owned by a city or a

county is adjacent to a street vacated pursuant to the provisions of

this section, the easement is vacated upon the vacation of the street.

[9.] 10. In any vacation or abandonment of any street owned by a

city or a county, or any portion thereof, the governing body, or the

planning commission , [or] hearing examiner or other designee, if

authorized to take final action by the governing body, may reserve

and except therefrom all easements, rights or interests therein which

the governing body, or the planning commission , [or] hearing

examiner or other designee, if authorized to take final action by the

governing body, deems desirable for the use of the city, the county or

any public utility.

[10.] 11. The governing body may establish by local ordinance a

simplified procedure for the vacation or abandonment of an easement

for a public utility owned or controlled by the governing body.

12. As used in this section, “government patent easement”

means an easement for a public purpose owned by the governing

body over land which was conveyed by a patent.

Sec. 16.7. Assembly Bill No. 553 of this session is hereby amended

by adding thereto a new section designated sec. 7, following sec. 6, to read

as follows:

Sec. 7. 1. This section and sections 1, 2, 4, 5 and 6 of this act

become effective on October 1, 2001.

2. Section 3 of this act becomes effective at 12:01 a.m. on

October 1, 2001.

Sec. 17. NRS 278.317 is hereby repealed.

Sec. 18. 1. This section and sections 1 to 9, inclusive, 12, 13 and 16

to 17, inclusive, of this act become effective on July 1, 2001.

2. Sections 10 and 14 of this act become effective at 12:01 a.m. on

July 1, 2001.

3. Sections 11 and 15 of this act become effective at 12:02 a.m. on

July 1, 2001.

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