exempt

                                                 (Reprinted with amendments adopted on April 16, 2003)

 

Assembly Bill No. 488–Committee on Natural Resources,
Agriculture, and Mining

 

March 24, 2003

____________

 

Referred to Committee on Natural Resources,
Agriculture, and Mining

 

SUMMARY—Makes various changes concerning ditches. (BDR 48‑1293)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: Yes.

 

~

 

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

 

AN ACT relating to ditches; requiring the State Engineer to investigate and prepare a report concerning certain complaints concerning possible criminal acts involving ditches; requiring a copy of a subdivider’s tentative map to be forwarded to the owner of record of land to which an irrigation ditch is appurtenant under certain circumstances; 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. Chapter 536 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  In a county whose population is less than 100,000, the

1-4  State Engineer shall, upon request of the owner of a ditch or a

1-5  local governmental entity in whose jurisdiction a ditch is located,

1-6  investigate a complaint involving a possible violation of the

1-7  provisions of NRS 536.120 which involves the ditch if the ditch is

1-8  located:

1-9  (a) Within the boundaries of an adjudicated stream system for

1-10  which the State Engineer has appointed an engineer to work in a

1-11  supervisory capacity pursuant to NRS 533.275; and

2-1  (b) Outside the boundaries of an irrigation district organized

2-2  pursuant to chapter 539 of NRS.

2-3  2.  For any complaint investigated pursuant to subsection 1,

2-4  the State Engineer shall:

2-5  (a) Prepare a report concerning the investigation, including,

2-6  without limitation, the condition of the ditch; and

2-7  (b) Make the report available to the person or local

2-8  governmental entity that requested the investigation.

2-9  3.  A person or local governmental entity that obtains a report

2-10  pursuant to subsection 2 may submit a copy of the report with any

2-11  report of a violation of the provisions of NRS 536.120 that is

2-12  reported to a law enforcement agency.

2-13      Sec. 2.  Chapter 278 of NRS is hereby amended by adding

2-14  thereto a new section to read as follows:

2-15      1.  In any county whose population is less than 100,000, when

2-16  any subdivider proposes to subdivide land which is located outside

2-17  the boundaries of any irrigation district organized pursuant to

2-18  chapter 539 of NRS on which an irrigation ditch is located, the

2-19  planning commission or its designated representative, or if there is

2-20  no planning commission, the clerk or other designated

2-21  representative of the governing body, shall forward a copy of the

2-22  subdivider’s tentative map, by certified or registered mail, to the

2-23  last known address of the owner of record of any land to which

2-24  the irrigation ditch is appurtenant that is on file in the office of the

2-25  county assessor pursuant to this section. An owner of record who

2-26  receives a copy of a subdivider’s tentative map shall, within 30

2-27  days after receiving the map, review and comment in writing upon

2-28  the map to the planning commission or governing body. The

2-29  planning commission or governing body shall take those

2-30  comments into consideration before approving the tentative map.

2-31      2.  A subdivider whose tentative map is provided to an owner

2-32  of record pursuant to this section is responsible for any costs

2-33  incurred by the planning commission or its designated

2-34  representative, or by the clerk or other designated representative of

2-35  the governing body, in identifying the owner of record and

2-36  providing a copy of the tentative map to the owner of record.

2-37      Sec. 3.  NRS 278.010 is hereby amended to read as follows:

2-38      278.010 As used in NRS 278.010 to 278.630, inclusive, and

2-39  section 2 of this act, unless the context otherwise requires, the

2-40  words and terms defined in NRS 278.0105 to 278.0195, inclusive,

2-41  have the meanings ascribed to them in those sections.

2-42      Sec. 4.  NRS 278.320 is hereby amended to read as follows:

2-43      278.320  1.  “Subdivision” means any land, vacant or

2-44  improved, which is divided or proposed to be divided into five or

2-45  more lots, parcels, sites, units or plots, for the purpose of any

3-1  transfer [,] or development , or any proposed transfer or

3-2  development , unless exempted by one of the following provisions:

3-3  (a) The term “subdivision” does not apply to any division of

3-4  land which is subject to the provisions of NRS 278.471 to 278.4725,

3-5  inclusive.

3-6  (b) Any joint tenancy or tenancy in common shall be deemed a

3-7  single interest in land.

3-8  (c) Unless a method of disposition is adopted for the purpose of

3-9  evading this chapter or would have the effect of evading this

3-10  chapter, the term “subdivision” does not apply to:

3-11          (1) Any division of land which is ordered by any court in this

3-12  state or created by operation of law;

3-13          (2) A lien, mortgage, deed of trust or any other security

3-14  instrument;

3-15          (3) A security or unit of interest in any investment trust

3-16  regulated under the laws of this state or any other interest in an

3-17  investment entity;

3-18          (4) Cemetery lots; or

3-19          (5) An interest in oil, gas, minerals or building materials,

3-20  which are now or hereafter severed from the surface ownership of

3-21  real property.

3-22      2.  A common-interest community consisting of five or more

3-23  units shall be deemed to be a subdivision of land within the meaning

3-24  of this section, but need only comply with NRS 278.326 to 278.460,

3-25  inclusive, and section 2 of this act, and 278.473 to 278.490,

3-26  inclusive.

3-27      3.  The board of county commissioners of any county may

3-28  exempt any parcel or parcels of land from the provisions of NRS

3-29  278.010 to 278.630, inclusive, and section 2 of this act if:

3-30      (a) The land is owned by a railroad company or by a nonprofit

3-31  corporation organized and existing pursuant to the provisions of

3-32  chapter 81 or 82 of NRS which is an immediate successor in title to

3-33  a railroad company, and the land was in the past used in connection

3-34  with any railroad operation; and

3-35      (b) Other persons now permanently reside on the land.

3-36      4.  This chapter does not apply to the division of land for

3-37  agricultural purposes into parcels of more than 10 acres, if a street,

3-38  road, or highway opening or widening or easement of any kind is

3-39  not involved.

3-40      Sec. 5.  NRS 278.330 is hereby amended to read as follows:

3-41      278.330 1.  The initial action in connection with the making

3-42  of any subdivision is the preparation of a tentative map.

3-43      2.  The subdivider shall file copies of [such] the map with the

3-44  planning commission or its designated representative, or with the

3-45  clerk of the governing body if there is no planning commission,

4-1  together with a filing fee in an amount determined by the governing

4-2  body.

4-3  3.  The commission, its designated representative, the clerk or

4-4  other designated representative of the governing body or, when

4-5  authorized by the governing body, the subdivider or any other

4-6  appropriate agency shall distribute copies of the map and any

4-7  accompanying data to all state and local agencies and persons

4-8  charged with reviewing the proposed subdivision.

4-9  4.  If there is no planning commission, the clerk of the

4-10  governing body shall submit the tentative map to the governing

4-11  body at its next regular meeting.

4-12      5.  Except as otherwise provided by subsection 6, if there is a

4-13  planning commission, it shall:

4-14      (a) In a county whose population is 400,000 or more, within 45

4-15  days; or

4-16      (b) In a county whose population is less than 400,000, within 60

4-17  days,

4-18  after accepting as a complete application a tentative map,

4-19  recommend approval, conditional approval or disapproval of the

4-20  map in a written report filed with the governing body.

4-21      6.  If the governing body has authorized the planning

4-22  commission to take final action on a tentative map, the planning

4-23  commission shall:

4-24      (a) In a county whose population is 400,000 or more, within 45

4-25  days; or

4-26      (b) In a county whose population is less than 400,000, within 60

4-27  days,

4-28  after accepting as a complete application a tentative map, approve,

4-29  conditionally approve or disapprove the tentative map in the manner

4-30  provided for in NRS 278.349. The planning commission shall file its

4-31  written decision with the governing body.

4-32      Sec. 6.  NRS 278.349 is hereby amended to read as follows:

4-33      278.349  1.  Except as otherwise provided in subsection 2, the

4-34  governing body, if it has not authorized the planning commission to

4-35  take final action, shall, by an affirmative vote of a majority of all the

4-36  members, approve, conditionally approve or disapprove a tentative

4-37  map filed pursuant to NRS 278.330:

4-38      (a) In a county whose population is 400,000 or more, within 45

4-39  days; or

4-40      (b) In a county whose population is less than 400,000, within 60

4-41  days,

4-42  after receipt of the planning commission’s recommendations.

4-43      2.  If there is no planning commission, the governing body shall

4-44  approve, conditionally approve or disapprove a tentative map:

5-1  (a) In a county whose population is 400,000 or more, within 45

5-2  days; or

5-3  (b) In a county whose population is less than 400,000, within 60

5-4  days,

5-5  after the map is filed with the clerk of the governing body.

5-6  3.  The governing body, or planning commission if it is

5-7  authorized to take final action on a tentative map, shall consider:

5-8  (a) Environmental and health laws and regulations concerning

5-9  water and air pollution, the disposal of solid waste, facilities to

5-10  supply water, community or public sewage disposal and, where

5-11  applicable, individual systems for sewage disposal;

5-12      (b) The availability of water which meets applicable health

5-13  standards and is sufficient in quantity for the reasonably foreseeable

5-14  needs of the subdivision;

5-15      (c) The availability and accessibility of utilities;

5-16      (d) The availability and accessibility of public services such as

5-17  schools, police protection, transportation, recreation and parks;

5-18      (e) Conformity with the zoning ordinances and master plan,

5-19  except that if any existing zoning ordinance is inconsistent with the

5-20  master plan, the zoning ordinance takes precedence;

5-21      (f) General conformity with the governing body’s master plan of

5-22  streets and highways;

5-23      (g) The effect of the proposed subdivision on existing public

5-24  streets and the need for new streets or highways to serve the

5-25  subdivision;

5-26      (h) Physical characteristics of the land such as floodplain, slope

5-27  and soil;

5-28      (i) The recommendations and comments of those entities and

5-29  persons reviewing the tentative map pursuant to NRS 278.330 to

5-30  278.348, inclusive [;] , and section 2 of this act; and

5-31      (j) The availability and accessibility of fire protection, including,

5-32  but not limited to, the availability and accessibility of water and

5-33  services for the prevention and containment of fires, including fires

5-34  in wild lands.

5-35      4.  The governing body or planning commission shall, by an

5-36  affirmative vote of a majority of all the members, make a final

5-37  disposition of the tentative map. Any disapproval or conditional

5-38  approval must include a statement of the reason for that action.

5-39      Sec. 7.  NRS 278.590 is hereby amended to read as follows:

5-40      278.590  1.  It is unlawful for any person to contract to sell, to

5-41  sell or to transfer any subdivision or any part thereof, or land

5-42  divided pursuant to a parcel map or map of division into large

5-43  parcels, unless:

5-44      (a) The required map thereof, in full compliance with the

5-45  appropriate provisions of NRS 278.010 to 278.630, inclusive, and

6-1  section 2 of this act, and any local ordinance, has been recorded in

6-2  the office of the recorder of each county in which the subdivision or

6-3  land divided is located; or

6-4  (b) The person is contractually obligated to record the required

6-5  map [,] before title is transferred or possession is delivered,

6-6  whichever is earlier, as provided in paragraph (a).

6-7  2.  A person who violates the provisions of subsection 1 is

6-8  guilty of a misdemeanor and is liable for a civil penalty of not more

6-9  than $300 for each lot or parcel sold or transferred.

6-10      3.  This section does not bar any legal, equitable or summary

6-11  remedy to which any aggrieved municipality or other political

6-12  subdivision, or any person, may otherwise be entitled, and any such

6-13  municipality or other political subdivision or person may file suit in

6-14  the district court of the county in which any property attempted to

6-15  be divided or sold in violation of any provision of NRS 278.010 to

6-16  278.630, inclusive, and section 2 of this act, is located to restrain or

6-17  enjoin any attempted or proposed division or transfer in violation of

6-18  those sections.

6-19      Sec. 8.  NRS 278.600 is hereby amended to read as follows:

6-20      278.600  Any county recorder who records a map contrary to

6-21  the provisions of NRS 278.010 to 278.630, inclusive, and section 2

6-22  of this act, or of any local ordinance adopted pursuant thereto is

6-23  guilty of a misdemeanor.

6-24      Sec. 9.  This act becomes effective on July 1, 2003.

 

6-25  H