[Rev. 6/10/2016 2:59:17 PM]
[NAC-278 Revised Date: 6-16]
CHAPTER 278 - PLANNING AND ZONING
SUBDIVISION OF LAND
General Provisions
278.010 Definitions.
278.030 “Condominium” defined.
278.040 “Developer” defined.
278.050 “Division” defined.
278.070 “Improvements” defined.
278.080 “Individual system for disposal of sewage” defined.
278.090 “Local agency” defined.
278.100 “Lot” defined.
278.110 “Planned unit development” defined.
278.120 “Potable water” defined.
278.130 “Private water system” defined.
278.140 “Public water system” defined.
278.150 “Septic tank” defined.
278.160 “Sewage” defined.
278.170 “Sludge” defined.
278.180 “Subdivider” defined.
278.190 “Subdivision” defined.
278.200 “Subsurface disposal of sewage” defined.
278.205 “System for absorption by soil” defined.
278.210 “System of community sewerage” defined.
278.220 “System of sewerage” defined.
278.240 Applicability.
278.250 Severability.
Review of Tentative Map
278.260 Information required for review of tentative map.
278.270 Completeness of application.
Review of Final Map or Plan for Improvements
278.290 Plan for improvements for water and sewerage required; submission of plan before submission of final map.
278.300 Completeness of application.
278.310 Certification: Form of statement required.
278.320 Certification: Reference to compliance with chapter.
278.330 Time for review of final map or plan for improvements; notice of decision; delay in recording map.
278.340 Construction prohibited until plan for improvements approved.
278.350 Approval of map constitutes approval of concept of proposed methods.
278.360 Manner of development.
278.370 Inspection by third persons.
Water Supply; Sewerage
278.390 Analysis of water quality.
278.400 Conditions of approval with respect to water quality; exceeding maximum contaminant level for arsenic.
278.410 Water quantity.
278.420 Acceptable methods of sewerage.
278.430 Conditions for connection to existing system of community sewerage.
278.440 Conditions for connection to new system of community sewerage.
278.450 Percolation tests.
278.460 System of disposal; system of absorption.
278.470 Soil conditions; groundwater; soil characteristics.
278.480 Disposal of sludge.
Miscellaneous Provisions
278.490 Fees for services of Division.
278.500 Procedure for review of actions taken by Division.
278.510 Proof of approval; order to cease and desist.
278.520 Approval of construction.
278.530 Appeals to State Environmental Commission.
PRACTICE BEFORE THE NEVADA TAHOE REGIONAL PLANNING AGENCY
278.800 Definitions.
278.810 Construction; deviation.
278.820 Meetings.
278.830 Adoption of ordinances.
278.840 Petition for adoption, amendment, repeal of regulation.
278.850 Adoption of regulations by resolution.
278.860 Advisory Planning Commission.
278.870 Applications.
SUBDIVISION OF LAND
General Provisions
NAC 278.010 Definitions. (NRS 439.200, 445A.855, 445A.860) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 278.030 to 278.220, inclusive, have the meanings ascribed to them in those sections.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 2, eff. 9-15-82] — (NAC A by Environmental Comm’n by R152-08, 12-17-2008)
NAC 278.030 “Condominium” defined. (NRS 439.200) “Condominium” has the meaning ascribed to it in NRS 117.010.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 4, eff. 9-15-82]
NAC 278.040 “Developer” defined. (NRS 439.200) “Developer” means a subdivider, an owner of a condominium project or an applicant for approval of a planned unit development.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 5, eff. 9-15-82]
NAC 278.050 “Division” defined. (NRS 439.200, 445A.855, 445A.860) “Division” means the Division of Environmental Protection of the State Department of Conservation and Natural Resources.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 6, eff. 9-15-82] — (NAC A by Environmental Comm’n by R152-08, 12-17-2008)
NAC 278.070 “Improvements” defined. (NRS 439.200) “Improvements” has the meaning ascribed to it in NRS 278.0155.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 8, eff. 9-15-82]
NAC 278.080 “Individual system for disposal of sewage” defined. (NRS 439.200) “Individual system for disposal of sewage” means a system which:
1. Consists of a septic tank for treating sewage and a system for the distribution and disposal of effluent; and
2. Serves one single-family dwelling.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 9, eff. 9-15-82]
NAC 278.090 “Local agency” defined. (NRS 439.200, 445A.855, 445A.860) “Local agency” means a district board of health, county or city, which is authorized to act for the Division pursuant to NRS 278.335.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 10, eff. 9-15-82] — (NAC A by Environmental Comm’n by R152-08, 12-17-2008)
NAC 278.100 “Lot” defined. (NRS 439.200) “Lot” has the meaning ascribed to it in NRS 278.0165.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 11, eff. 9-15-82]
NAC 278.110 “Planned unit development” defined. (NRS 439.200) “Planned unit development” has the meaning ascribed to it in NRS 278A.065.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 12, eff. 9-15-82]
NAC 278.120 “Potable water” defined. (NRS 439.200) “Potable water” means water which:
1. Is intended for and suitable for human consumption, culinary use and other domestic uses; and
2. Meets the standards set forth in NAC 445A.453 to 445A.457, inclusive.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 13, eff. 9-15-82]
NAC 278.130 “Private water system” defined. (NRS 439.200) “Private water system” means a system which:
1. Is used or intended to be used to supply potable water for one building or one lot; and
2. Does not or is not intended to serve more than one family or one business.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 14, eff. 9-15-82]
NAC 278.140 “Public water system” defined. (NRS 439.200) “Public water system” has the meaning ascribed to it in NRS 445A.840.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 15, eff. 9-15-82]
NAC 278.150 “Septic tank” defined. (NRS 439.200) “Septic tank” means a watertight, covered receptacle designed and constructed to:
1. Receive the discharge of sewage from a building and allow the solids to separate from the liquid;
2. Provide for organic matter to be digested by bacteria and the digested solids to be stored during a period of detention; and
3. Allow the clarified liquids to be discharged for final disposal.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 16, eff. 9-15-82]
NAC 278.160 “Sewage” defined. (NRS 439.200) “Sewage” means any liquid waste containing:
1. Human, animal or vegetable matter, whether in suspension or solution; or
2. Chemicals in solution.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 17, eff. 9-15-82]
NAC 278.170 “Sludge” defined. (NRS 439.200) “Sludge” means the precipitated solid matter produced by the treatment of sewage.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 18, eff. 9-15-82]
NAC 278.180 “Subdivider” defined. (NRS 439.200) “Subdivider” has the meaning ascribed to it in NRS 278.0185.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 19, eff. 9-15-82]
NAC 278.190 “Subdivision” defined. (NRS 439.200)
1. “Subdivision” has the meaning ascribed to it in NRS 278.320.
2. The term includes a condominium project or a planned unit development.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 20, eff. 9-15-82]
NAC 278.200 “Subsurface disposal of sewage” defined. (NRS 439.200) “Subsurface disposal of sewage” means treatment and disposal of domestic sewage by means of:
1. A septic tank or other underground treatment unit; and
2. A system of absorption by soil.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 21, eff. 9-15-82]
NAC 278.205 “System for absorption by soil” defined. (NRS 439.200) “System for absorption by soil” means a system that uses soil to absorb sewage, for example, an absorption trench, a seepage bed or a seepage pit.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 24, eff. 9-15-82] — (Substituted in revision for NAC 278.230)
NAC 278.210 “System of community sewerage” defined. (NRS 439.200, 445A.855, 445A.860) “System of community sewerage” means a system of sanitary sewerage which:
1. Has been approved by the Division; and
2. Serves or is intended to serve two or more dwellings, buildings or lots in a subdivision.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 22, eff. 9-15-82] — (NAC A by Environmental Comm’n by R152-08, 12-17-2008)
NAC 278.220 “System of sewerage” defined. (NRS 439.200)
1. “System of sewerage” means a system, whether on the surface or underground, for disposing of sewage, industrial waste or any liquid waste.
2. The term includes pipelines, pumping stations, treatment works, disposal wells and any related facilities.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 23, eff. 9-15-82]
NAC 278.240 Applicability. (NRS 439.200) This chapter applies to subdivisions of land, condominiums and planned unit developments.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 1, eff. 9-15-82]
NAC 278.250 Severability. (NRS 439.200) If any provision of this chapter or any application thereof to any person, thing or circumstance is declared invalid, it is intended that such invalidity not affect the remaining provisions or applications to the extent that they can be given effect.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 49, eff. 9-15-82]
Review of Tentative Map
NAC 278.260 Information required for review of tentative map. (NRS 439.200, 445A.855, 445A.860) A developer shall submit all the following items of information to the Division or local agency for its review of a tentative map:
1. A map showing the topographic features of the subdivision, including contours at intervals of 2 feet for slopes of 10 percent or less and intervals of 5 feet for slopes of over 10 percent.
2. Two copies of the map showing the tentative design of the subdivision, including the arrangement of lots, the alignment of roads and easements.
3. If a system for subsurface disposal of sewage will be used in the subdivision, a report on the soil, including the types of soil, a table showing seasonal high water levels and the rate of percolation at the depth of any proposed system for absorption by soil.
4. A statement of the type of water system to be used and the water source, for example, private wells or a public water system.
5. Unless water for the subdivision is to be supplied from an existing public water system, a report of the analyses, performed pursuant to NAC 278.390, of four samples taken in or adjacent to the subdivision from different wells. The analyses must show that the water meets the standards prescribed in NAC 445A.450 to 445A.492, inclusive.
6. A map of the 100-year floodplain for the applicable area. The map must have been prepared by recognized methods or by an appropriate governmental agency for those areas subject to flooding.
7. A description of the subdivision in terms of 40-acre parts of a designated section, township and range, or any other description which provides a positive identification of the location of the subdivision.
8. A map of the vicinity of the subdivision, showing the location of the proposed subdivision relative to the nearest city or major highway.
9. The names and addresses of the owners and developers of the subdivision.
10. A master plan showing the future development and intended use of all land under the ownership or control of the developer in the vicinity of the proposed subdivision.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 25, eff. 9-15-82] — (NAC A 8-1-94; R088-00, 8-3-2001; A by Environmental Comm’n by R152-08, 12-17-2008; R020-15, 10-27-2015)
NAC 278.270 Completeness of application. (NRS 439.200, 445A.855, 445A.860)
1. An application for review of a tentative map is not complete until all the required items of information have been submitted by the local government. The period allowed the Division or local agency for its review begins on the date when the application is complete.
2. If an incomplete application for review is received by the Division or local agency, it shall give the local government written notice of that fact. The notice must include a list of the specific items which are missing.
[Bd. of Health, Subdiv., Condo., & PUD Reg. part § 25, eff. 9-15-82] — (NAC A by Environmental Comm’n by R152-08, 12-17-2008)
Review of Final Map or Plan for Improvements
NAC 278.290 Plan for improvements for water and sewerage required; submission of plan before submission of final map. (NRS 439.200, 445A.855, 445A.860)
1. Except as otherwise provided in subsection 2, when a developer submits a final map of his or her subdivision for review, the developer must also provide a complete plan for improvements showing the systems of water supply and sewage disposal for the area to be developed.
2. A developer may submit a plan for improvements for review before submitting the final map. If such a plan for improvements is approved before the final map is submitted:
(a) The plan for improvements must be resubmitted for review to the Division or local agency if any changes are made to the plan before the final map is submitted. The changes must be clearly identified on the plan when it is resubmitted to the Division or local agency.
(b) When submitting the final map for review, the developer must include a certification by the professional engineer of record for the subdivision stating that no changes have been made to the plan for improvements, except for any changes approved in accordance with paragraph (a).
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 26, eff. 9-15-82] — (NAC A by Environmental Comm’n by R020-15, 10-27-2015)
NAC 278.300 Completeness of application. (NRS 439.200) An application for review of a final map is subject to the same provisions on completeness as those which are prescribed in NAC 278.260 and 278.270.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 27, eff. 9-15-82]
NAC 278.310 Certification: Form of statement required. (NRS 439.200, 445A.855, 445A.860) In preparing the certificate required by subsection 1 of NRS 278.377, the Division or a local agency acting for the Division shall include the following statement:
This final map is approved by the (Division of Environmental Protection of the State Department of Conservation and Natural Resources, or the health district, county or city for the Division of Environmental Protection). This approval concerns sewage disposal, water pollution, water quality and water supply facilities and is predicated upon plans for a (public, private) water supply and (a community, individual systems) for disposal of sewage.
............................................................... .........................................
(Division of Environmental Protection; Date
Health District, County, City)
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 28, eff. 9-15-82] — (NAC A by Environmental Comm’n by R152-08, 12-17-2008)
NAC 278.320 Certification: Reference to compliance with chapter. (NRS 439.200, 445A.855, 445A.860) A local agency which certifies to the Division, pursuant to subsection 3 of NRS 278.335, that the water quality and quantity, sewage disposal and control of water pollution for a subdivision meet all the requirements of law must also certify that the requirements of this chapter are met, if the agency so finds.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 29, eff. 9-15-82] — (NAC A by Environmental Comm’n by R152-08, 12-17-2008)
NAC 278.330 Time for review of final map or plan for improvements; notice of decision; delay in recording map. (NRS 439.200, 445A.855, 445A.860)
1. The Division or local agency shall review and either approve or disapprove the final map and related plans or the plan for improvements submitted in accordance with subsection 2 of NAC 278.290 within 30 days after receipt of the map and related plans or the plan for improvements.
2. The Division or local agency shall give written notice of its approval or disapproval to the developer. If the Division or local agency disapproves the map or related plans or the plan for improvements, its notice must include the reasons for its action.
3. If the developer fails to record an approved final map within the time allowed by NRS 278.360, the developer must resubmit a tentative map through the governing body to the Division or local agency for its review and approval.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 30, eff. 9-15-82] — (NAC A by Environmental Comm’n by R152-08, 12-17-2008; R020-15, 10-27-2015)
NAC 278.340 Construction prohibited until plan for improvements approved. (NRS 439.200, 445A.855, 445A.860) The developer shall not perform any construction on the site of a subdivision, except that necessary to evaluate the subdivision, until the Division or local agency approves the plan for improvements.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 31, eff. 9-15-82] — (NAC A by Environmental Comm’n by R152-08, 12-17-2008; R020-15, 10-27-2015)
NAC 278.350 Approval of map constitutes approval of concept of proposed methods. (NRS 439.200, 445A.855, 445A.860) An approval by the Division or local agency of a tentative map constitutes an approval of the concept of the proposed methods of providing for disposal of sewage, controlling water pollution, ensuring the quality of water and providing facilities for water supply.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 32, eff. 9-15-82] — (NAC A by Environmental Comm’n by R152-08, 12-17-2008)
NAC 278.360 Manner of development. (NRS 439.200, 445A.855, 445A.860) Development of a subdivision must be carried on in a manner which will:
1. Minimize water pollution; and
2. Be in conformance with the applicable plans and specifications approved by the Division or local agency.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 34, eff. 9-15-82] — (NAC A by Environmental Comm’n by R152-08, 12-17-2008)
NAC 278.370 Inspection by third persons. (NRS 439.200, 445A.855, 445A.860)
1. If the Division has not authorized the county or city to conduct inspections of the construction of the system for water supply and sewerage in a subdivision, the developer must have the design engineer or a third person conduct those inspections.
2. The inspector shall, at intervals of construction specified by the Division or local agency, certify in writing that the improvements are being installed in accordance with the approved plans and recognized practices of the trade.
3. The developer must bear the cost of the inspections.
4. The developer may select a third-person inspector but the selection must be approved by the Division or local agency. A third-person inspector must be a disinterested person who is not an employee of the developer.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 35, eff. 9-15-82] — (NAC A by Environmental Comm’n by R152-08, 12-17-2008)
Water Supply; Sewerage
NAC 278.390 Analysis of water quality. (NRS 439.200, 445A.855, 445A.860) Analyses of water quality may be performed in the State Public Health Laboratory, or any other laboratory certified by the Division, upon the developer’s submission, in sample containers that are appropriate for such analyses, of an adequately identified sample consisting of the volume of water necessary to conduct analyses of water quality.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 37, eff. 9-15-82] — (NAC A by Environmental Comm’n by R020-15, 10-27-2015)
NAC 278.400 Conditions of approval with respect to water quality; exceeding maximum contaminant level for arsenic. (NRS 439.200, 445A.855, 445A.860)
1. If a public water system is to be used for the subdivision, the system must have:
(a) Necessary facilities to treat water to meet the standards provided in NAC 445A.450 to 445A.492, inclusive.
(b) The capacity to meet the demands upon the system.
2. The Division or local agency shall not approve a subdivision with respect to water quality if the subdivision is in an area where:
(a) The water is to be supplied from individual wells and the water does not meet the standards established by the Division in NAC 445A.450 to 445A.492, inclusive; or
(b) Where there is a community water supply and the water is treated by the use of individual units in single-family dwellings.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 39, eff. 9-15-82] — (NAC A 8-31-89; R088-00, 8-3-2001; A by Environmental Comm’n by R152-08, 12-17-2008)
NAC 278.410 Water quantity. (NRS 439.200, 445A.860) Except as otherwise required pursuant to NAC 445A.65505 to 445A.6731, inclusive, for any part of a subdivision served by a public water system:
1. The minimum quantity of water which must be made available for domestic use per single-family dwelling in a subdivision is:
(a) Where the subdivision contains common areas, 1 gallon per minute at peak flow, with an average of 1,000 gallons per day, or separate water systems must be provided for the common areas.
(b) Where the subdivision does not contain such areas, 200 gallons per person per day (average demand) under a metered system or 350 gallons per person per day under an unmetered system. The occupancy factor is 3.5 persons per hookup.
2. The water system for a subdivision must have a sufficient capacity to meet 2.5 times the average demand for water on peak days.
3. A subdivision must have:
(a) Enough water in storage to provide a 24-hour supply for each hookup plus the reserve amount required for fire fighting; or
(b) An alternative pumping capacity which is adequate to meet regular and emergency needs.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 38, eff. 9-15-82] — (NAC A 2-20-97)
NAC 278.420 Acceptable methods of sewerage. (NRS 439.200, 445A.855, 445A.860) The Division, or a local agency when the written approval of the Division is obtained, may approve any of the following methods for disposing of sewage:
1. Connection to an existing system of community sewerage if the system:
(a) Will not be brought to overcapacity by the connection; and
(b) Will be expanded to provide for the additional demand.
2. Connection to a newly constructed system of community sewerage.
3. Connection to a system for subsurface disposal of sewage.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 40, eff. 9-15-82] — (NAC A by Environmental Comm’n by R152-08, 12-17-2008)
NAC 278.430 Conditions for connection to existing system of community sewerage. (NRS 439.200, 445A.855, 445A.860) To obtain approval for connection to an existing system of community sewerage, the developer must submit to the Division or local agency a written statement from the local authority responsible for sewage disposal stating that service from the existing system will be extended to the subdivision and:
1. The community facility for treatment will not be caused to exceed its capacity and the discharge permit requirements by this added service; or
2. The facility will be expanded to provide for the added service.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 41, eff. 9-15-82] — (NAC A by Environmental Comm’n by R152-08, 12-17-2008)
NAC 278.440 Conditions for connection to new system of community sewerage. (NRS 439.200, 445A.855, 445A.860) To obtain the approval of the Division or a local agency for connection to a new system of community sewerage, the developer must first submit complete engineering plans and specifications to and have them approved by the Division.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 42, eff. 9-15-82] — (NAC A by Environmental Comm’n by R152-08, 12-17-2008)
NAC 278.450 Percolation tests. (NRS 439.200, 445A.855, 445A.860)
1. Before the Division or local agency may approve the use in a subdivision of a system for subsurface disposal of sewage or private systems for disposal of sewage, the developer must comply with the conditions set forth in this section.
2. Percolation tests of soil must be made at the rate of four tests per 10 acres or fraction thereof and one additional test for each additional 10 acres or fraction thereof. For example, 10 such tests are required for a 67-acre subdivision. In a subdivision covering an area of more than 1 square mile, at least 16 percolation tests per square mile are required for the initial submission of data. Complete results of these tests must be submitted to the Division and to the local agency for review.
3. In any subdivision where the characteristics of soil percolation are questionable, the developer may be required to make additional tests. The location of test holes must be shown on the plan.
4. If the percolation tests show that the times for seepage exceed 60 minutes per inch, the method of absorption by soil must not be used for disposal.
[Bd. of Health, Subdiv., Condo., & PUD Reg. part § 43, eff. 9-15-82] — (NAC A by Environmental Comm’n by R152-08, 12-17-2008)
NAC 278.460 System of disposal; system of absorption. (NRS 439.200)
1. A developer must provide a detailed layout to show the system of disposal for the lot which presents the greatest difficulty in design if:
(a) The natural slope of the ground surface in the subdivision exceeds 5 percent; or
(b) Any drainage channels, ditches, ponds or watercourses, high water table and high bedrock or any easements which are in or near the subdivision are so located as to complicate the design and location of systems for subsurface disposal.
2. A system for absorption of sewage must be located at least 100 feet from any watercourse or lake and at least 200 feet from any public well.
3. Where a proposed subdivision will have a density of two or more dwellings per acre, the construction of individual systems for disposal of sewage is prohibited if the distance from any edge of the subdivision to the nearest suitable point of connection with a public system of sewerage is less than the distance determined by multiplying the proposed number of single-family dwellings by 100 feet.
[Bd. of Health, Subdiv., Condo., & PUD Reg. part § 43, eff. 9-15-82] — (NAC A 8-1-94)
NAC 278.470 Soil conditions; groundwater; soil characteristics. (NRS 439.200, 445A.855, 445A.860)
1. As a further condition of the approval of a subsurface system or private systems for sewage disposal, the developer must have all the following items prepared and submitted to the Division and the local agency:
(a) For a tentative map, a report containing a comprehensive log of the soil conditions existing throughout the area of the subdivision to a depth of at least 5 feet below the bottom of the proposed system for subsurface disposal. This report must be prepared by a professional engineer or other person who is qualified by training and experience to make such a report. For absorption by soil to be approved as a method of disposal, the soil cover throughout the area must be adequate to ensure that at least 4 feet of suitable soil lie between bedrock (or any other impervious formation) and the bottom of the trenches used to allow absorption in soil of the effluent from the septic tank.
(b) For a tentative map, a statement of the present and maximum elevation of groundwater throughout the area of the subdivision. This statement must be prepared by a professional engineer or other person who is qualified by training and experience to prepare such a statement. A subsurface system for disposal of sewage must not be approved if there is evidence that groundwater rises to within 5 feet of the bottom of the trenches.
(c) For a final map, a report presenting information in sufficient detail to demonstrate that the soil characteristics of all parcels of land within the subdivision will be suitable for a subsurface system for disposal of sewage. The report must be prepared by a professional engineer or other person authorized under state law to prepare such a report.
2. The developer must inform the Division or local agency when test holes have been excavated, so that a representative of the Division or the local agency may inspect the holes.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 44, eff. 9-15-82] — (NAC A by Environmental Comm’n by R152-08, 12-17-2008)
NAC 278.480 Disposal of sludge. (NRS 439.200) Before approval is given for a subdivision which is to be served by septic tanks, the local government within whose jurisdiction the subdivision is located must submit a written statement that a site for disposal of sludge had been provided and will be maintained in a sanitary manner.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 45, eff. 9-15-82]
Miscellaneous Provisions
NAC 278.490 Fees for services of Division. (NRS 439.150, 439.200, 445A.855, 445A.860) The following fees are prescribed for services performed by the Division:
|
For reviewing a tentative map................................................................................ |
$400 |
|
Plus $3 for each building lot shown on the map. |
|
|
For reviewing a final map....................................................................................... |
400 |
|
Plus $3 for each building lot shown on the final map. |
|
|
For a preliminary evaluation of a plant for water treatment for a subdivision, an additional fee of................................................................................................ |
50 |
|
For requesting and considering information which the subdivider has failed to submit in accordance with NAC 278.260 to 278.370, inclusive, each request. |
100 |
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 36, eff. 9-15-82] — (NAC A 6-23-86; 7-22-87; 8-31-89; R191-03, 1-21-2004; A by Environmental Comm’n by R152-08, 12-17-2008)
NAC 278.500 Procedure for review of actions taken by Division. (NRS 439.200, 445A.855, 445A.860)
1. Any developer who has reason to believe that an action taken by the Division pursuant to this chapter was incorrect or based on inadequate knowledge may, within 10 business days after receiving notice of the action, request an informal discussion with the employee responsible for the action and the immediate supervisor of the employee.
2. If the informal discussion does not lead to a resolution of the developer’s problem, the developer may, within 10 business days after the date scheduled for the informal discussion, submit a written request to the Division for an informal conference. The informal conference must be scheduled for a date, place and time mutually agreed upon by the developer and the Division, except that the informal conference must be held not later than 60 days after the date on which the Division received the written request.
3. The determination of the Division resulting from the informal conference cannot be appealed and is the final remedy available to the developer.
4. The Division may waive the informal procedures by giving written notice to the developer.
5. Local agencies shall adopt a parallel procedure for handling similar situations.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 46, eff. 9-15-82] — (NAC A 10-30-97; A by Environmental Comm’n by R152-08, 12-17-2008)
NAC 278.510 Proof of approval; order to cease and desist. (NRS 439.200, 445A.855, 445A.860)
1. Before the developer begins construction of any improvements based on the final map or the plan for improvements, the developer must be able to show proof that:
(a) The map includes a certificate of approval issued by the Division or local agency pursuant to NRS 278.377 and NAC 278.310; or
(b) The plan for improvements includes a written notice of approval issued by the Division or local agency in accordance with subsection 2 of NAC 278.330.
Ê The proof must be available at the jobsite.
2. If the proof is not available at the jobsite, the health authority or other enforcing officer shall issue an order to the developer to cease and desist until such time as proper proof is available.
3. If the developer fails to comply with the order to cease and desist, the enforcing officer shall seek injunctive relief through a court of competent jurisdiction.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 47, eff. 9-15-82] — (NAC A by Environmental Comm’n by R152-08, 12-17-2008; R020-15, 10-27-2015)
NAC 278.520 Approval of construction. (NRS 439.200, 445A.855, 445A.860) Each certificate which the Division or local agency issues to approve construction must include a declaration that:
1. The appropriate inspections were performed; and
2. The construction and installations at the subdivision meet the requirements of this chapter.
[Bd. of Health, Subdiv., Condo., & PUD Reg. § 48, eff. 9-15-82] — (NAC A by Environmental Comm’n by R152-08, 12-17-2008)
NAC 278.530 Appeals to State Environmental Commission. (NRS 278.377, 445A.855, 445A.860)
1. Any person who requests a hearing before the State Environmental Commission concerning a final decision of the Division pursuant to NRS 278.377 may do so by filing a request, within 10 days after notice of the action of the State Department of Conservation and Natural Resources, on Form 3* with the State Environmental Commission, Bryan State Office Building, 901 South Stewart Street, Suite 4001, Carson City, Nevada 89701-5249.
2. The provisions of NAC 445B.875 to 445B.899, inclusive, apply to a hearing of the State Environmental Commission requested pursuant to subsection 1.
*(See adopting agency for form.)
(Added to NAC by Environmental Comm’n, eff. 10-29-93; A by R152-08, 12-17-2008)
PRACTICE BEFORE THE NEVADA TAHOE REGIONAL PLANNING AGENCY
NAC 278.800 Definitions. (NRS 278.812) As used in NAC 278.800 to 278.870, inclusive, unless the context otherwise requires, “Agency” means the Nevada Tahoe Regional Planning Agency.
[Nev. Tahoe Reg. Planning Agency, Practice Rule 1.1, eff. 7-8-73]
NAC 278.810 Construction; deviation. (NRS 278.812)
1. The provisions of NAC 278.800 to 278.870, inclusive, must be liberally construed to secure the just, speedy and economical determination of all matters before the governing body.
2. In special cases, and for good cause, the governing body may permit a deviation from any provision of NAC 278.800 to 278.870, inclusive, if it finds that strict compliance would be impracticable or unnecessary.
[Nev. Tahoe Reg. Planning Agency, Practice Rules 7.2 & 7.3, eff. 7-8-73]
NAC 278.820 Meetings. (NRS 278.802, 278.804, 278.812)
1. The Agency will hold its meetings in the agency office, or at such other place as the governing body may select from time to time.
2. Mason’s Manual of Legislative Procedure will be used to conduct the meetings in all cases in which the rules apply and where they are not inconsistent with NAC 278.800 to 278.870, inclusive.
[Nev. Tahoe Reg. Planning Agency, Practice Rules 2.3 & 2.5, eff. 7-8-73]
NAC 278.830 Adoption of ordinances. (NRS 278.804, 278.812)
1. The introduction and consideration of a proposed ordinance must be an item on the agenda for the meeting at which the ordinance is to be introduced and considered. Final action on a proposed ordinance may be taken immediately after consideration by the governing body at the meeting at which the proposed ordinance was introduced and considered or it may be introduced and given a first reading and final action may be delayed to a later meeting. If action on the ordinance is delayed, further consideration and final action on the proposed ordinance must be on the agenda for a later meeting.
2. The enacting clause of ordinances must be as follows: “The governing body of the Nevada Tahoe Regional Planning Agency does ordain as follows:”.
3. An ordinance is effective immediately upon its adoption unless a later effective date is given in the ordinance.
4. Every ordinance adopted by the governing body must have endorsed thereon the votes cast for and against its adoption and must be signed by the chair or vice chair.
[Nev. Tahoe Reg. Planning Agency, Practice Rules 3.2-3.5, eff. 7-8-73]
NAC 278.840 Petition for adoption, amendment, repeal of regulation. (NRS 278.804, 278.812)
1. Any interested person may petition the governing body for the adoption, filing, amendment or repeal of any regulation. The petition must be accompanied by relevant data, views and arguments.
2. The petition need not be in a particular form but must be in writing and include a statement of the applicant’s interest, the nature of the request, the reasons therefor and such other matters as the applicant believes may be helpful to the governing body in determining the proper action to take in the matter. All petitions must be signed by or on behalf of the applicant and be mailed or delivered to the office of the Agency for filing with the Secretary or other person in charge of the office.
3. Upon submission of such a petition, the governing body will within 30 calendar days either deny the petition in writing, stating its reasons, or initiate the action requested for the adoption, amendment or repeal of the regulation.
[Nev. Tahoe Reg. Planning Agency, Practice Rule 4.8, eff. 7-8-73]
NAC 278.850 Adoption of regulations by resolution. (NRS 278.804, 278.812) All proposed regulations will be adopted by resolution of the governing body.
[Nev. Tahoe Reg. Planning Agency, Practice Rules 4.2-4.6, eff. 7-8-73]
NAC 278.860 Advisory Planning Commission. (NRS 278.804, 278.812)
1. Matters which have been submitted to the Agency for approval may first be submitted to the Advisory Planning Commission for review and recommendation, unless the governing body determines that a particular matter is of such a nature or urgency that the public interest requires it to act without delay and without review and recommendation by the Commission.
2. The Commission shall consider each matter submitted with regard to the environmental impact and effect of each such proposal including the availability of services, public facilities and resources and the capacity of the environment to tolerate additional development. Based upon such considerations, the Commission shall submit a report and recommendation of the matters considered by it to the governing body.
3. The governing body may consider the report and recommendations of the Commission but need not be bound thereby. The governing body may hear additional testimony and argument concerning any matter or proposal submitted before acting thereon.
4. The Commission shall meet at such times and upon such notice as directed and determined by the governing body.
5. Members of the governing body may attend and participate in meetings of the Commission but such members may not be counted in determining whether a quorum is present and such members may not vote.
[Nev. Tahoe Reg. Planning Agency, Practice Rules 5.2-5.6, eff. 7-8-73]
NAC 278.870 Applications. (NRS 278.804, 278.812) The applicant shall furnish the Agency with supporting records, papers and other data supporting the application which are sufficient for the governing body to determine environmental impact and to approve, approve with conditions or disapprove the application under consideration. In determining the environmental impact and effect of a proposed business or recreational establishment, the governing body may consider, but is not limited to the availability of services, public facilities and natural resources and the capacity of the environment to tolerate the proposed additional development. If the governing body determines that the information submitted is insufficient, it may request that the applicant furnish the required additional information and if the applicant does not do so, or if all information furnished is inadequate, the application may not be approved.
[Nev. Tahoe Reg. Planning Agency, Practice Rule 6.2, eff. 7-8-73]