SB358_R1

Senate Bill No. 358–Senators Titus, Wiener, Care,
Schneider and Coffin

CHAPTER..........

AN ACT relating to land use planning; limiting certain powers of planning and zoning that may be exercised by local governments within certain enumerated lands adjacent to the Red Rock Canyon National Conservation Area; providing certain exceptions; and providing other matters properly relating thereto.

Whereas, Red Rock Canyon is a natural wonder within the State of Nevada that is uniquely beautiful and of scenic interest; and

Whereas, Red Rock Canyon includes several distinctive and significant geologic features, including, without limitation, the Keystone Thrust Fault, Willow Spring and Rainbow Mountain; and

Whereas, In addition to its scenic beauty and geologic significance, Red Rock Canyon provides numerous recreational opportunities to visitors from both within and without the State of Nevada, including, without limitation, hiking, climbing, bicycling, camping and horseback riding; and

Whereas, With regard to tourism, Red Rock Canyon provides a dramatic counterpoint to the activities offered within the more urban portions of Clark County, helping to draw to the area tourists who might not otherwise be interested in participating in gaming, attending shows or other such activities; and

Whereas, A significant part of the reason that Red Rock Canyon is of interest to tourists, sightseers and recreational users is that it provides an area of sanctuary from the congestion and sprawl of the more urban portions of Clark County; and

Whereas, If the scenic views and largely rural character of Red Rock Canyon were to be encroached upon by development that is on a large scale or of inappropriate character, the value of Red Rock Canyon with respect to tourism, sightseeing and recreation would be greatly diminished, to the detriment of Clark County and the State of Nevada as a whole; now, therefore,

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:

In the region of this state for which the Red Rock Canyon

Conservation Area and Adjacent Lands Act establishes limits upon

development, the powers conferred by this chapter which relate to

planning, subdivision regulation and zoning are subordinate to

those limits.

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. Chapter 244 of NRS is hereby amended by adding

thereto a new section to read as follows:

In the region of this state for which the Red Rock Canyon

Conservation Area and Adjacent Lands Act establishes limits upon

development, the powers conferred by this chapter which relate to

planning, subdivision regulation and zoning are subordinate to

those limits.

Sec. 4. Chapter 268 of NRS is hereby amended by adding

thereto a new section to read as follows:

In the region of this state for which the Red Rock Canyon

Conservation Area and Adjacent Lands Act establishes limits upon

development, the powers conferred by this chapter which relate to

planning, subdivision regulation and zoning are subordinate to

those limits.

Sec. 5. Chapter 269 of NRS is hereby amended by adding

thereto a new section to read as follows:

In the region of this state for which the Red Rock Canyon

Conservation Area and Adjacent Lands Act establishes limits upon

development, the powers conferred by this chapter which relate to

planning, subdivision regulation and zoning are subordinate to

those limits.

Sec. 6. Chapter 639, Statutes of Nevada 1993, at page 2673, is

hereby amended by adding thereto a new section to be designated as

section 0.5, immediately preceding section 1, to read as follows:

This act shall be known as the Red Rock Canyon

Conservation Area and Adjacent Lands Act.

Sec. 7. Chapter 639, Statutes of Nevada 1993, at page 2673, is

hereby amended by adding thereto new sections to be designated as

sections 1.3 and 1.7, immediately following section 1, to read as

follows:

Sec. 1.3. As used in this act, unless the context

otherwise requires, the words and terms defined in sections

1.7 and 2 of this act have the meanings ascribed to them in

those sections.

Sec. 1.7. “Adjacent lands” means the following tracts

of land:

1. All of sections 34, 35 and 36, Township 20 South,

Range 58 East, MDM;

2. All of sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 22, 23,

24, 25, 26, 27, 34, 35 and 36, Township 21 South, Range 58

East, MDM;

3. All of sections 1, 2, 3, 10, 11, 12, 13, 14 and 15,

Township 22 South, Range 58 East, MDM;

4. All of sections 31 and 32, Township 20 South, Range

59 East, MDM, with the exception of any lands that are

located within the corporate limits of the City of Las Vegas

on the effective date of this act;

5. All of sections 3 and 4, Township 21 South, Range

59 East, MDM, with the exception of any lands that are

located within the corporate limits of the City of Las Vegas

on the effective date of this act;

6. All of sections 5, 6, 7, 8, 9, 10 and 11, Township 21

South, Range 59 East, MDM, with the exception of any

lands that are located within the Summerlin South

unincorporated area on the effective date of this act;

7. All of sections 15, 16, 17, 18, 19, 20, 21, 22, 27, 28,

29, 30, 31, 32, 33 and 34, Township 21 South, Range 59

East, MDM; and

8. All of sections 3, 4, 5, 6, 7, 8, 9, 10, 17 and 18,

Township 22 South, Range 59 East, MDM.

Sec. 8. Chapter 639, Statutes of Nevada 1993, at page 2673, is

hereby amended by adding thereto new sections to be designated as

sections 4.3 and 4.7, immediately following section 4, to read as

follows:

Sec. 4.3. With respect to adjacent lands, a local

government:

1. Shall not, in regulating the use of those lands:

(a) Increase the number of residential dwelling units

allowed by zoning regulations in existence on the effective

date of this act, unless such an increase can be

accomplished, within a given area, by the trading of

development credits or another mechanism that allows a

greater number of residential dwelling units to be

constructed in that area without increasing the overall

density of residential dwelling units in that area;

(b) Establish any new nonresidential zoning districts,

other than for public facilities; or

in existence on the effective date of this act, other than for

public facilities.

2. Shall, at its discretion:

(a) Regulate matters to include, without limitation,

landscaping, buffering, screening, signage and lighting;

and

(b) Retain all other authority regarding planning,

zoning and regulation of uses of land.

Sec. 4.7. The prohibitions set forth in section 4.3 of

this act with respect to adjacent lands do not restrict or

limit:

1. Any existing or future development or other rights

held by any owner of real property that is not part of those

adjacent lands, including, without limitation, all rights,

consents and agreements established, enacted, granted or

entered into by a governing body, whether reflected in

codes, ordinances, permits, agreements or other documents;

2. Any future use or development of real property that

is not part of those adjacent lands; or

3. The authority of any governing body to regulate real

property that is not part of those adjacent lands.

Sec. 9. Section 1 of chapter 639, Statutes of Nevada 1993, at

page 2673, is hereby amended to read as follows:

Section 1. The legislature hereby finds and declares that

[this] :

1. This special act which regulates activity in the Red

Rock Canyon National Conservation Area and on adjacent

lands is necessary because of:

[1.] (a) The unusual beauty of the Red Rock Canyon

National Conservation Area; [and

2.] (b) The rapidly increasing population and growth in

the region around the Red Rock Canyon National

Conservation Area[.] ; and

(1) The retention of the scenic beauty, small-town

values, historic character, sense of community and

recreational opportunities for visitors and residents of the

Red Rock Canyon National Conservation Area and adjacent

lands; and

(2) Residential and commercial development within

the Red Rock Canyon National Conservation Area and

adjacent lands.

2. The Legislature supports acquisition by the Federal

Government of vacant private lands that are:

(a) Located within and adjacent to the Red Rock

Canyon National Conservation Area;

(b) Located outside of the boundary described in the

Clark County Conservation of Public Lands and Natural

Resources Act of 2002, Public Law 107-282, November 6,

2002; and

Canyon National Conservation Area.

Sec. 10. Section 2 of chapter 639, Statutes of Nevada 1993, at

page 2673, is hereby amended to read as follows:

Sec. 2. [As used in section 1 to 4, inclusive, of this act,]

“Red Rock Canyon National Conservation Area” means the

area in and around Red Rock Canyon which has been

designated as a national conservation area by Congress

pursuant to Title 16 of the United States Code.

Sec. 11. This act becomes effective on July 1, 2003.

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