Assembly Bill No. 379–Assemblymen Gustavson,
Angle, Gibbons and Marvel

 

March 17, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Requires super-majority vote for approval of certain decisions relating to land use planning in certain counties. (BDR 22‑328)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to land use planning; requiring a super-majority vote for the approval of certain decisions relating to land use planning in certain counties; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 278.0272 is hereby amended to read as

1-2  follows:

1-3  278.0272  1.  The regional planning commission shall develop

1-4  a comprehensive regional plan for the physical development and

1-5  orderly management of the growth of the region for the next 20

1-6  years.

1-7  2.  The plan must consist of written text, appropriate maps and

1-8  such goals and policies, including those addressing current and

1-9  future problems, as may, in the opinion of the commission, affect

1-10  the region as a whole and are proper for inclusion in the regional

1-11  plan.

1-12      3.  In developing the plan, the commission shall:

1-13      (a) Review and consider each existing regional plan and master

1-14  plan that has been adopted pursuant to the provisions of this chapter

1-15  and that applies to any area in the region, and any similar plan of a

2-1  local government, and may seek and consider the advice of each

2-2  local planning commission and any other affected entity; and

2-3  (b) Coordinate the elements of the plan and make them

2-4  consistent with each other.

2-5  4.  Before approving the plan, the commission must hold a

2-6  public hearing on the proposed plan in each of the cities within the

2-7  region and in the unincorporated area of the county.

2-8  5.  Before amending the plan, the commission must hold at least

2-9  one public hearing on the proposed amendment at a location in the

2-10  region.

2-11      6.  The approval of the plan or any amendment to it must be by

2-12  resolution of the commission [carried] :

2-13      (a) Voted upon separately by each group of members on the

2-14  commission who represent each local planning commission

2-15  described in paragraphs (a) and (c) of subsection 1 of NRS

2-16  278.0262; and

2-17      (b) Carried by the affirmative votes of not less than two-thirds

2-18  of [its total membership.] each group of members on the

2-19  commission who represent each local planning commission

2-20  described in paragraphs (a) and (c) of subsection 1 of

2-21  NRS 278.0262.

2-22      7.  The regional planning commission shall review the plan

2-23  annually, update it not less than every 5 years, and forward its

2-24  recommendations regarding proposed amendments to the plan to the

2-25  governing board for adoption. Amendments to the comprehensive

2-26  regional plan may be proposed only by the regional planning

2-27  commission, the governing board or a local governing body. Except

2-28  as otherwise provided in subsection 8, all requests for amendments

2-29  to the plan must be studied and considered at public hearings held

2-30  annually by the commission.

2-31      8.  The commission may consider a proposed amendment and

2-32  determine whether it is necessary to the health and welfare of the

2-33  community or substantially benefits the community in general. If the

2-34  commission determines that the amendment is necessary, it may

2-35  schedule a public hearing on the amendment at any time. Any

2-36  person may appeal the determination of the commission to the

2-37  governing board.

2-38      9.  Except as otherwise provided in this subsection, notice of

2-39  the time and place of each hearing required by the provisions of this

2-40  section must be given by publication in a newspaper of general

2-41  circulation in the region at least 10 days before the day of the

2-42  hearing. If there is more than one newspaper of general circulation

2-43  in the region, notice must be given by publication in at least two

2-44  such newspapers. Notice of the time and place of the initial meeting

2-45  of the regional planning commission and the hearing at which the

3-1  commission receives testimony concerning final approval of the

3-2  comprehensive regional plan must be given by publication at least

3-3  30 days before the day of the meeting or hearing. Notice given

3-4  pursuant to this subsection must be a display advertisement of not

3-5  less than 3 inches by 5 inches.

3-6  Sec. 2.  NRS 278.0282 is hereby amended to read as follows:

3-7  278.0282  1.  Before the adoption or amendment of any master

3-8  plan, facilities plan or other similar plan, each governing body and

3-9  any other affected entity shall submit the proposed plan or

3-10  amendment to the regional planning commission, which shall

3-11  review the plan or amendment at one or more public hearings held

3-12  within 60 days after its receipt of that plan or amendment and

3-13  determine whether the proposed plan or amendment conforms with

3-14  the comprehensive regional plan. The commission shall specify

3-15  those parts of the plan or amendment, if any, that are not in

3-16  conformance and why they fail to conform.

3-17      2.  Before the adoption or amendment of any master plan,

3-18  facilities plan or other similar plan by a state agency or a public

3-19  utility whose plan must be approved by the Public Utilities

3-20  Commission of Nevada, the agency or utility shall submit the

3-21  proposed plan or amendment to the regional planning commission,

3-22  which shall, within 60 days after its receipt, review the plan or

3-23  amendment and offer suggestions to the agency or utility regarding

3-24  the conformance of the plan with the comprehensive regional plan.

3-25      3.  Except as otherwise provided in NRS 278.028, a local

3-26  governing body or any other affected entity shall not adopt a master

3-27  plan, facilities plan or other similar plan, or any amendment to any

3-28  of those plans, unless the regional planning commission has

3-29  determined that the plan or amendment is in conformance with the

3-30  comprehensive regional plan. A proposed plan is in conformance

3-31  with the comprehensive regional plan if it is not in conflict with the

3-32  comprehensive regional plan and it promotes the goals and policies

3-33  of the comprehensive regional plan.

3-34      4.  If the regional planning commission fails to make a

3-35  determination within 60 days after its receipt from an affected entity

3-36  or local governing body of a proposed plan or amendment pursuant

3-37  to this section, the plan or amendment shall be deemed to be in

3-38  conformance with the comprehensive regional plan.

3-39      5.  An affected entity or a local governing body which has

3-40  submitted a proposed plan and which disagrees with the reasons

3-41  given by the regional planning commission for making a

3-42  determination of nonconformance pursuant to this section, may file

3-43  an objection with the regional planning commission within 45 days

3-44  after the issuance of that determination. The affected entity or local

3-45  governing body shall attach its reasons why the plan is in

4-1  conformance with the comprehensive regional plan. The regional

4-2  planning commission shall consider the objection and issue its final

4-3  determination of conformance or nonconformance within 45 days

4-4  after the objection is filed. The determination may be appealed to

4-5  the governing board not later than 30 days after its issuance.

4-6  6.  Within 45 days after its receipt of an appeal, the governing

4-7  board shall consider the appeal and issue its decision, which must be

4-8  made by the affirmative votes of a simple majority of its total

4-9  membership. If the board affirms the determination of the

4-10  commission, the affected entity or local governing body shall,

4-11  within 60 days after the issuance of the decision, propose revisions

4-12  to the plan and resubmit the plan together with those proposed

4-13  revisions to the commission for review in accordance with the

4-14  provisions of this section.

4-15      7.  Any determination of conformance made by the commission

4-16  pursuant to this section must be [made] :

4-17      (a) Voted upon separately by each group of members on the

4-18  commission who represent each local planning commission

4-19  described in paragraphs (a) and (c) of subsection 1 of NRS

4-20  278.0262; and

4-21      (b) Carried by the affirmative votes of not less than two-thirds

4-22  of [its total membership.] each group of members on the

4-23  commission who represent each local planning commission

4-24  described in paragraphs (a) and (c) of subsection 1 of

4-25  NRS 278.0262.

 

4-26  H