SUMMARY--Revises provisions relating to certain plans of state land use planning agency and master plans of cities and counties. (BDR 26-960)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Contains Appropriation not included in Executive Budget.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to plans for the use of land; requiring the state land use planning agency to cooperate with appropriate federal agencies in developing certain plans or statements of policy; requiring the agency biennially to prepare and submit a written report to the legislature; repealing the provision that requires the approval of the governor before certain plans or statements of policy of the agency are put into effect; authorizing the planning commission of a city, county or region to include in its master plan a provision concerning the acquisition and use of certain land under federal management; making an appropriation; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 NRS 321.7355 is hereby amended to read as follows:
321.7355 1. The state land use planning agency shall prepare, in cooperation with appropriate federal and state agencies and local governments throughout the state, plans or [policy] statements of policy concerning the acquisition and use of lands in Nevada which are under federal management.
2. The state land use planning agency shall, in preparing the plans and statements of policy , [statements,] identify lands which are suitable for acquisition for:
(a) Commercial, industrial or residential development;
(b) The expansion of the property tax base, including the potential for an increase in revenue by the lease and sale of those lands; or
(c) Accommodating increases in the population of this state.
The plans or [policy] statements of policy must not include matters concerning zoning or the division of land and must be consistent with local plans and regulations concerning the use of private property.
3. The state land use planning agency shall [encourage] :
(a) Encourage public comment upon the various matters treated in a proposed plan or [policy] statement of policy throughout its preparation and [shall submit] incorporate such comments into the proposed plan or statement of policy as are appropriate;
(b) Submit its work on a plan or statement of policy periodically for review and comment by the land use planning advisory council, the advisory board on natural resources and any committees of the legislature or subcommittees of the legislative commission which deal with matters concerning the public lands [.] ;
(c) On or before February 1 of each odd-numbered year, prepare and submit a written report to the legislature concerning any activities engaged in by the agency pursuant to the provisions of this section during the immediately preceding biennium, including, without limitation:
(1) The progress and any results of its work; or
(2) Any plans or statements of policy prepared pursuant to this section; and
(d) Provide written responses to written comments received from a county or city upon the various matters treated in a proposed plan or statement of policy.
4. A plan or statement of policy must be approved by the governing bodies of the county and cities affected by it [, and by the governor,] before it is put into effect.
Sec. 2 NRS 278.160 is hereby amended to read as follows:
278.160 1. The master plan, with the accompanying charts, drawings, diagrams, schedules and reports, may include such of the following subject matter or portions thereof as are appropriate to the city, county or region, and as may be made the basis for the physical development thereof:
(a) Community design. Standards and principles governing the subdivision of land and suggestive patterns for community design and development.
(b) Conservation plan. For the conservation, development and utilization of natural resources, including water and its hydraulic force, underground water, water supply, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals and other natural resources. The plan must also cover the reclamation of land and waters, flood control, prevention and control of the pollution of streams and other waters, regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan, prevention, control and correction of the erosion of soils through proper clearing, grading and landscaping, beaches and shores, and protection of watersheds. The plan must also indicate the maximum tolerable level of air pollution.
(c) Economic plan. Showing recommended schedules for the allocation and expenditure of public money in order to provide for the economical and timely execution of the various components of the plan.
(d) Historical properties preservation plan. An inventory of significant historical, archaeological and architectural properties as defined by a city, county or region, and a statement of methods to encourage the preservation of those properties.
(e) Housing plan. The housing plan must include, but is not limited to:
(1) An inventory of housing conditions, needs and plans and procedures for improving housing standards and for providing adequate housing.
(2) An inventory of affordable housing in the community.
(3) An analysis of the demographic characteristics of the community.
(4) A determination of the present and prospective need for affordable housing in the community.
(5) An analysis of any impediments to the development of affordable housing and the development of policies to mitigate those impediments.
(6) An analysis of the characteristics of the land that is the most appropriate for the construction of affordable housing.
(7) An analysis of the needs and appropriate methods for the construction of affordable housing or the conversion or rehabilitation of existing housing to affordable housing.
(8) A plan for maintaining and developing affordable housing to meet the housing needs of the community.
(f) Land use plan. An inventory and classification of types of natural land and of existing land cover and uses, and comprehensive plans for the most desirable utilization of land. The land use plan may include a provision concerning the acquisition and use of land that is under federal management within the city, county or region, including, without limitation, a plan or statement of policy prepared pursuant to NRS 321.7355.
(g) Population plan. An estimate of the total population which the natural resources of the city, county or region will support on a continuing basis without unreasonable impairment.
(h) Public buildings. Showing locations and arrangement of civic centers and all other public buildings, including the architecture thereof and the landscape treatment of the grounds thereof.
(i) Public services and facilities. Showing general plans for sewage, drainage and utilities, and rights of way, easements and facilities therefor, including any utility projects required to be reported pursuant to NRS 278.145.
(j) Recreation plan. Showing a comprehensive system of recreation areas, including natural reservations, parks, parkways, reserved riverbank strips, beaches, playgrounds and other recreation areas, including, when practicable, the locations and proposed development thereof.
(k) Safety plan. In any county whose population is 400,000 or more, identifying potential types of natural and man-made hazards, including hazards from floods, landslides or fires, or resulting from the manufacture, storage, transfer or use of bulk quantities of hazardous materials. The plan may set forth policies for avoiding or minimizing the risks from [such] those hazards.
(l) Seismic safety plan. Consisting of an identification and appraisal of seismic hazards such as susceptibility to surface ruptures from faulting, to ground shaking or to ground failures.
(m) Solid waste disposal plan. Showing general plans for the disposal of solid waste.
(n) Streets and highways plan. Showing the general locations and widths of a comprehensive system of major traffic thoroughfares and other traffic ways and of streets and the recommended treatment thereof, building line setbacks, and a system of naming or numbering streets and numbering houses, with recommendations concerning proposed changes.
(o) Transit plan. Showing a proposed system of transit lines, including rapid transit, streetcar, motorcoach and trolley coach lines and related facilities.
(p) Transportation plan. Showing a comprehensive transportation system, including locations of rights of way, terminals, viaducts and grade separations. The plan may also include port, harbor, aviation and related facilities.
2. The commission may prepare and adopt, as part of the master plan, other and additional plans and reports dealing with such other subjects as may in its judgment relate to the physical development of the city, county or region, and nothing contained in NRS 278.010 to 278.630, inclusive, prohibits the preparation and adoption of any such subject as a part of the master plan.
Sec. 3 There is hereby appropriated from the state general fund to the state land use planning agency for the preparation of plans or statements of policy pursuant to NRS 321.7355:
For the fiscal year 1997-98 $68,497
For the fiscal year 1998-99 $62,118
Sec. 4 Any balance of the sums appropriated by section 3 of this act remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund as soon as all payments of money committed have been made.