reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.462 - Requirements which may be imposed by governing body.

The governing body or, if authorized by the governing body, the planning commission or other authorized person:
1. May require street grading, drainage provisions and lot designs as are reasonably necessary.
2. If it anticipates, based upon duly adopted ordinances and plans, that the parcels will be used for residential, commercial or industrial purposes, may require off-site access, street alignment, surfacing and width, water quality, water supply and sewerage provisions only as necessary and consistent with the existing use of any land zoned for similar use which is within 660 feet of the proposed parcel. If the proposed parcels are less than 1 acre, the governing body or, if authorized by the governing body, the planning commission or other authorized person may require additional improvements which are reasonably necessary and consistent with the use of the land if it is developed as proposed.
3. For a second or subsequent parcel map with respect to:
(a) A single parcel; or
(b) A contiguous tract of land under the same ownership,
may require any reasonable improvement, but not more than would be required if the parcel were a subdivision.
(Added to NRS by 1977, 1509; A 1991, 624; 1993, 2570; 1995, 710; 2003, 656)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.463 - Survey required; exception.

Except as otherwise provided in this section, a parcel map must be based on a survey made for that purpose. The county surveyor, city surveyor or professional land surveyor appointed by the governing body, may pursuant to NRS 278.464 waive the requirement of a survey if, in his or her judgment, a survey is not required to accomplish the purposes of NRS 278.010 to 278.630, inclusive.
(Added to NRS by 1975, 1562; A 1993, 2571)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.467 - Preparation, recordation and contents of document which may be required if parcel map waived; statement indicating that property taxes have been paid; county recorder to provide copy of document or access to digital document to county assessor.

1. If the requirement for a parcel map is waived, the authority which granted the waiver may require the preparation and recordation of a document which contains:
(a) A legal description of all parts based on a system of rectangular surveys;
(b) A provision for the dedication or reservation of any road right-of-way or easement; and
(c) The approval of the authority which granted the waiver.
2. If a description by metes and bounds is necessary in describing the parcel division, it must be prepared by a professional land surveyor and bear his or her signature and stamp.
3. The person preparing the document may include the following statement:
This document was prepared from existing information (identifying it and stating where filed and recorded), and the undersigned assumes no responsibility for the existence of monuments or correctness of other information shown on or copied from any such prior documents.
4. A document recorded pursuant to this section must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.
5. A county recorder who records a document pursuant to this section shall, within 7 working days after he or she records the document, provide to the county assessor at no charge:
(a) A duplicate copy of the document; or
(b) Access to the digital document. The document must be in a form that is acceptable to the county recorder and the county assessor.
(Added to NRS by 1977, 1511; A 1989, 501, 794; 1991, 1384; 1993, 2573; 2001, 1560; 2003, 2786)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.468 - Duties of preparer of parcel map upon approval; duties of county recorder.

1. If a parcel map is approved or deemed approved pursuant to NRS 278.464, the preparer of the map shall:
(a) Except as otherwise provided in subsection 2, cause the approved map to be recorded in the office of the county recorder within 1 year after the date the map was approved or deemed approved, unless the governing body establishes by ordinance a longer period, not to exceed 2 years, for recording the map. The map must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.
(b) Pay a fee of $17 for the first sheet of the map plus $10 for each additional sheet to the county recorder for filing and indexing.
2. In a county whose population is less than 100,000, if the parcel map shows an area totaling 50 acres or more that is subject to a conservation easement, the preparer of the map shall cause the approved map to be recorded in the office of the county recorder within 3 years after the date the map was approved or deemed approved, unless the governing body grants an extension of time for recording the map, which may not exceed 1 year. As used in this subsection, "conservation easement" means an easement that permanently preserves or protects open space, a floodplain or agricultural land from being parceled, subdivided or otherwise developed in a manner incompatible with the preservation or protection of the open space, floodplain or agricultural land.
3. Upon receipt of a parcel map, the county recorder shall file the map in a suitable place. The county recorder shall keep proper indexes of parcel maps by the name of grant, tract, subdivision or United States subdivision.
4. A county recorder who records a parcel map pursuant to this section shall, within 7 working days after he or she records the parcel map, provide to the county assessor at no charge:
(a) A duplicate copy of the parcel map and any supporting documents; or
(b) Access to the digital parcel map and any digital supporting documents. The map and supporting documents must be in a form that is acceptable to the county recorder and the county assessor.
[Part 27.2:110:1941; added 1947, 834; 1943 NCL § 5063.26b]—(NRS A 1969, 255; 1973, 1339; 1975, 757; 1981, 214; 1993, 1357, 2574; 1995, 710; 1997, 2428; 1999, 895; 2001, 1560, 3217; 2003, 2786; 2011, 695)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.469 - Map to indicate record of survey not in conflict with planning and zoning requirements.

If a record of survey contains two or more lots or parcels, the surveyor or a person for whom the record of survey is made shall place upon the map thereof a statement of the facts which will clearly show that such record of survey is not in conflict with the requirements of NRS 278.010 to 278.630, inclusive, and the regulations of transactions pertaining thereto shall be complied with.
[Part 27.2:110:1941; added 1947, 834; 1943 NCL § 5063.26b]—(NRS A 1973, 1339; 1977, 1511)—(Substituted in revision for NRS 278.540)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.471 - Divisions of land subject to NRS 278.471 to 278.4725, inclusive; exemption.

1. Except as provided in subsections 2 and 3, a proposed division of land is subject to the provisions of NRS 278.471 to 278.4725, inclusive, if each proposed lot is at least:
(a) One-sixteenth of a section as described by a government land office survey; or
(b) Forty acres in area, including roads and easements.
2. The governing body of a city, the board of county commissioners with respect to the unincorporated area, may by ordinance elect to make NRS 278.471 to 278.4725, inclusive, apply to each proposed division of land where each proposed lot is at least:
(a) One-sixty-fourth of a section as described by a government land office survey; or
(b) Ten acres in area, including roads and easements.
3. A proposed division of land into lots or parcels, each of which contains not less than one section or 640 acres, is not subject to NRS 278.471 to 278.4725, inclusive.
(Added to NRS by 1979, 1504)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.4713 - Preparation, contents and filing of tentative map; affidavit required.

1. Unless the filing of a tentative map is waived, a person who proposes to make a division of land pursuant to NRS 278.471 to 278.4725, inclusive, must first:
(a) File a tentative map for the area in which the land is located with the planning commission or its designated representative or with the clerk of the governing body if there is no planning commission;
(b) Submit an affidavit stating that the person will make provision for the payment of the tax imposed by chapter 375 of NRS and for compliance with the disclosure and recording requirements of paragraph (f) of subsection 1 of NRS 598.0923, if applicable, by the person who proposes to make a division of land or any successor in interest; and
(c) Pay a filing fee of no more than $750 set by the governing body.
2. This map must be:
(a) Entitled "Tentative Map of Division into Large Parcels"; and
(b) Prepared and certified by a professional land surveyor.
3. This map must show:
(a) The approximate, calculated or actual acreage of each lot and the total acreage of the land to be divided.
(b) Any roads or easements of access which exist, are proposed in the applicable master plan or are proposed by the person who intends to divide the land.
(c) Except as otherwise provided in NRS 278.329, an easement for public utilities that provide gas, electric and telecommunications services and for any video service providers that are authorized pursuant to chapter 711 of NRS to operate a video service network in that area.
(d) Except as otherwise provided in NRS 278.329, an easement for public utilities that provide water and sewer services.
(e) Any existing easements for irrigation or drainage, and any normally continuously flowing watercourses.
(f) An indication of any existing road or easement which the owner does not intend to dedicate.
(g) The name and address of the owner of the land.
4. The planning commission and the governing body or its authorized representative shall not approve the tentative map unless the person proposing to divide the land has submitted an affidavit stating that the person will make provision for the payment of the tax imposed by chapter 375 of NRS and for compliance with the disclosure and recording requirements of paragraph (f) of subsection 1 of NRS 598.0923, if applicable, by the person proposing to divide the land or any successor in interest.
(Added to NRS by 1979, 1504; A 1989, 794; 1993, 2574; 1997, 2429; 1999, 895; 2003, 2347; 2007, 1381; 2009, 1117; 2021, 1359)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.4715 - Waiver of requirement to file tentative map; designation of easements.

1. The planning commission or, if there is no planning commission, the governing body or its authorized representative may waive the requirement of filing the tentative map.
2. If the tentative map is filed with the planning commission or with the governing body or its authorized representative, the planning commission or the governing body or its authorized representative may within 60 days after the filing of the tentative map designate the location and width of any easements for roads and public utilities as shown on the master plan if there is one applicable to the area to be divided, or designate the location and width of any easements for roads and public utilities which may be reasonably necessary to serve the area to be divided if there is no master plan.
3. The planning commission or the governing body or its authorized representative shall not designate an easement after the expiration of 60 days from the filing of the tentative map.
(Added to NRS by 1979, 1505; A 1997, 2429)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.475 - Amended plat, survey or map to correct or amend recorded plat, survey or map if correction or amendment changes location of survey monument, property line or boundary line: Request; preparation and recordation.

1. To correct an error or omission in or to amend any recorded subdivision plat, record of survey, parcel map, map of division into large parcels or reversionary map, if the correction or amendment changes or purports to change the physical location of any survey monument, property line or boundary line, an amended plat, survey or map must be requested and recorded pursuant to this section.
2. An amended plat, survey or map may be requested by:
(a) The county surveyor to make a correction or amendment which affects land located within the boundaries of an unincorporated area or Carson City;
(b) The city surveyor or a professional land surveyor appointed by the governing body of the city to make a correction or amendment which affects land located within an incorporated city;
(c) The planning commission if authorized by local ordinance; or
(d) A professional land surveyor registered pursuant to chapter 625 of NRS.
3. Except as otherwise provided in this subsection, a surveyor who:
(a) Performed the survey; or
(b) Is responsible for an error or omission which is to be corrected,
shall prepare and record the amended plat, survey or map within 90 days after the surveyor receives notification of the request made pursuant to subsection 2. The time within which the surveyor must prepare and record the amended plat, survey or map may be extended by the county surveyor, the city surveyor or a professional land surveyor appointed by the governing body of the city or the planning commission. If the surveyor who performed the survey or is responsible for the error or omission is no longer professionally active, the county surveyor, city surveyor or a professional land surveyor appointed by the governing body shall prepare and file the amended plat, survey or map.
(Added to NRS by 1977, 1505; A 1979, 1501; 1991, 1152; 1993, 2578; 1997, 2434)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.478 - Definitions.

As used in NRS 278.478 to 278.4789, inclusive, unless the context otherwise requires, the words and terms defined in NRS 278.4781, 278.4783 and 278.4785 have the meanings ascribed to them in those sections.
(Added to NRS by 1997, 3009)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.4781 - "Landscaping" defined.

1. "Landscaping" means trees, shrubs, grass and other ornamentation, whether or not natural or artificial, located:
(a) On the perimeter of a development or subdivision.
(b) On a median strip on the perimeter of a development or subdivision.
2. The term includes drainage necessary for the maintenance of the landscaping described in subsection 1.
(Added to NRS by 1997, 3009; A 2001, 744)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.479 - "Contiguous" defined.

As used in NRS 278.479 to 278.4965, inclusive, unless the context otherwise requires, "contiguous" means either abutting directly on the boundary or separated by a street, alley, public right-of-way, creek, river or the right-of-way of a railroad or other public service corporation.
(Added to NRS by 1999, 784)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.490 - Reversion of maps and reversion of division of land to acreage: Procedure and requirements; exemption from certain requirements.

1. Except as otherwise provided in NRS 278.4925, an owner or governing body desiring to revert any recorded subdivision map, parcel map, map of division into large parcels, or part thereof to acreage or to revert the map or portion thereof, or to revert more than one map if the parcels to be reverted are contiguous, shall submit a written application accompanied by a map of the proposed reversion which contains the same survey dimensions as the recorded map or maps to the governing body or, if authorized by local ordinance, to the planning commission or other authorized person. The application must describe the requested changes.
2. At its next meeting, or within a period of not more than 30 days after the filing of the map of reversion, whichever occurs later, the governing body or, if authorized by local ordinance, the planning commission or other authorized person shall review the map and approve, conditionally approve or disapprove it.
3. Except for the provisions of this section, NRS 278.4955, 278.496 and 278.4965 and any provision or local ordinance relating to the payment of fees in conjunction with filing, recordation or checking of a map of the kind offered, no other provision of NRS 278.010 to 278.630, inclusive, applies to a map made solely for the purpose of reversion of a former map or for reversion of any division of land to acreage.
4. Upon approval of the map of reversion, it must be recorded in the office of the county recorder. The county recorder shall make a written notation of the fact on each sheet of the previously recorded map affected by the later recording, if the county recorder does not maintain a cumulative index for such maps and amendments. If such an index is maintained, the county recorder shall direct an appropriate entry for the amendment.
5. A county recorder who records a map pursuant to this section shall, within 7 working days after he or she records the map, provide to the county assessor at no charge:
(a) A duplicate copy of the map and any supporting documents; or
(b) Access to the digital map and any digital supporting documents. The map and supporting documents must be in a form that is acceptable to the county recorder and the county assessor.
[31:110:1941; 1931 NCL § 5063.30]—(NRS A 1973, 1774; 1977, 1507; 1979, 1502; 1981, 1160; 1985, 1689; 1987, 381; 1991, 1152, 1891; 1993, 580, 2581; 1997, 2437; 1999, 792; 2001, 1564; 2003, 2790)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.4925 - Merger and resubdivision of land without reversion to acreage: Authority; procedure; delineation of remaining streets and easements; crediting of security.

1. An owner or governing body that owns two or more contiguous parcels may merge and resubdivide the land into new parcels or lots without reverting the preexisting parcels to acreage pursuant to NRS 278.490.
2. Parcels merged without reversion to acreage pursuant to this section must be resubdivided and recorded on a final map, parcel map or map of division into large parcels, as appropriate, in accordance with NRS 278.320 to 278.4725, inclusive, and any applicable local ordinances. The recording of the resubdivided parcels or lots on a final map, parcel map or map of division into large parcels, as appropriate, constitutes the merging of the preexisting parcels into a single parcel and the simultaneous resubdivision of that single parcel into parcels or lots of a size and description set forth in the final map, parcel map or map of division into large parcels, as appropriate.
3. With respect to a merger and resubdivision of parcels pursuant to this section, the owner or governing body conducting the merger and resubdivision shall ensure that streets, easements and utility easements, whether public or private, that will remain in effect after the merger and resubdivision, are delineated clearly on the final map, parcel map or map of division into large parcels, as appropriate, on which the merger and resubdivision is recorded.
4. If a governing body required an owner or governing body to post security to secure the completion of improvements to two or more contiguous parcels and those improvements will not be completed because of a merger and resubdivision conducted pursuant to this section, the governing body shall credit on a pro rata basis the security posted by the owner or governing body toward the same purposes with respect to the parcels as merged and resubdivided.
(Added to NRS by 1999, 784; A 2017, 280)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.4955 - Requirements for submitting map of reversion.

1. The map of reversion submitted pursuant to NRS 278.490 must contain the appropriate certificates required by NRS 278.376, 278.3765 and 278.377, if applicable, for the original division of the land, any agreement entered into for a required improvement pursuant to NRS 278.380 for the original division of the land, and the certificates required by NRS 278.496 and 278.4965. If the map includes the reversion of any street or easement owned by a city, a county or the State, the provisions of NRS 278.480 must be followed before approval of the map.
2. The final map of reversion must:
(a) Be prepared by a professional land surveyor licensed pursuant to chapter 625 of NRS. The professional land surveyor shall state in his or her certificate that the map has been prepared from information on a recorded map or maps that are being reverted. The professional land surveyor may state in the certificate that he or she assumes no responsibility for the existence of the monuments or for correctness of other information shown on or copied from the document. The professional land surveyor shall include in the certificate information which is sufficient to identify clearly the recorded map or maps being reverted.
(b) Be clearly and legibly drawn in black permanent ink upon good tracing cloth or produced by the use of other materials of a permanent nature generally used for such a purpose in the engineering profession. Affidavits, certificates and acknowledgments must be legibly stamped or printed upon the map with black permanent ink.
3. The size of each sheet of the final map must be 24 by 32 inches. A marginal line must be drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom and right edges, and of 2 inches at the left edge along the 24-inch dimension.
4. The scale of the final map must be large enough to show all details clearly, and enough sheets must be used to accomplish this end.
5. The particular number of the sheet and the total number of sheets comprising the final map must be stated on each of the sheets, and its relation to each adjoining sheet must be clearly shown.
6. Each future conveyance of the reverted property must contain a metes and bounds legal description of the property and must include the name and mailing address of the person who prepared the legal description.
(Added to NRS by 1993, 2558; A 1997, 1066, 2438; 2003, 2791; 2023, 1271)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.496 - Requirements for presenting map of reversion for recording.

1. A map of reversion presented for recording must include a certificate signed and acknowledged, pursuant to NRS 240.166, 240.1665 or 240.167, by each person who is an owner of the land consenting to the preparation and recordation of the map for the purpose of reversion.
2. A governing body may by ordinance require a map of reversion presented for recording to include:
(a) A report from a title company which lists the names of:
(1) Each owner of record of the land; and
(2) Each holder of record of a security interest in the land, if the security interest was created by a mortgage or a deed of trust.
(b) The written consent of each holder of record of a security interest listed pursuant to subparagraph (2) of paragraph (a), to the preparation and recordation of the map of reversion. A holder of record of a security interest may consent by signing:
(1) The map of reversion; or
(2) A separate document that is recorded with the map of reversion and declares his or her consent to the reversion, if the map contains a notation that a separate document has been recorded to this effect.
3. For the purpose of this section, the following shall be deemed not to be an interest in land:
(a) A lien for taxes or special assessments.
(b) A trust interest under a bond indenture.
(Added to NRS by 1993, 2559)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.497 - Definitions.

As used in NRS 278.497 to 278.4987, inclusive, the words and terms defined in NRS 278.4971 to 278.4977, inclusive, have the meanings ascribed to them in those sections, unless the context otherwise requires.
(Added to NRS by 1973, 1447; A 1975, 1564; 1977, 1508)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.4971 - "Apartment house" defined.

"Apartment house" means a building arranged in several suites of connecting rooms, each suite designed for independent housekeeping, but with certain typical mechanical conveniences, such as air-conditioning, heat, light or elevator services shared in common by all families occupying the building.
(Added to NRS by 1973, 1447)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.4977 - "Residential dwelling unit" defined.

"Residential dwelling unit" means a building or a portion of a building, planned, designed or used as a residence for one family only, living independently of other families or persons, and having its own bathroom and housekeeping facilities included in the unit.
(Added to NRS by 1973, 1447)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.4979 - Governing body may by ordinance require dedication of land for parks or playgrounds.

The governing body of a city or county may, by ordinance, require that a subdivider of land or a developer of land for mobile home lots or an apartment house dedicate such land areas, sites and locations for park and playground purposes as are reasonably necessary to serve the proposed subdivision or development and the future residents of the subdivision or development.
(Added to NRS by 1973, 1447)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.498 - Ordinance requiring dedication: Conformity to or adoption of plan for recreation.

1. The ordinance adopted pursuant to NRS 278.4979 must, insofar as practicable, conform to the recreation plan incorporated in the applicable master plan.
2. If no recreation plan is incorporated in the master plan, the ordinance must, by means of accompanying maps, diagrams, charts, descriptive matter and reports, also adopt a recreation plan. The plan must provide for a comprehensive system of recreation areas, including natural reservations, parks, parkways, beaches, playgrounds and other recreation areas, as well as the location thereof, when practicable.
3. The recreation plan adopted pursuant to subsection 1 or 2 must discuss and outline the proposed method or methods of carrying out the acquisition, development, operation and maintenance of the recreation facilities for which it provides.
(Added to NRS by 1973, 1448; A 1983, 1548)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.4981 - Ordinance requiring dedication: Contents.

1. The ordinance adopted pursuant to NRS 278.4979 must set forth the standards to be applied in determining the amount of land that is required to be dedicated. The ordinance must contain standards determining the amount, quality and location of land that is required to be dedicated which are based upon the number and type of dwelling units or structures, apartment houses or mobile home lots, or any combination thereof, included in each subdivision or development and give due consideration to the relative desirability and market value of the land that may be included within the area of any particular proposed subdivision or development.
2. The ordinance must, without limiting the general powers conferred in this chapter, include the following:
(a) Provisions for the creation, in accordance with the applicable master plan, of park districts or service areas which would serve neighborhoods or communities of interest within the city or county.
(b) A delegation of authority to designated departments or agencies of the city or county to select the location of the land areas to be dedicated for park and playground purposes. The land to be dedicated for park and playground purposes must be within the park district or service area created pursuant to paragraph (a) in which the subdivision, apartment house or mobile home lots are located.
(c) A provision limiting the amount of land required to be dedicated to an amount of land having a fair market value, determined by independent appraisal, which does not exceed the amount of any residential construction tax which would otherwise have been collected under NRS 278.4983.
(d) A provision for the transfer of title to the dedicated land upon the issuance of building permits and the construction of the first unit of the subdivision or development from which the land was dedicated.
The ordinance may also contain a provision allowing an increase in the number of dwelling units or structures, apartment houses or mobile home lots, or any combination of them, in the subdivision equal to the number which would otherwise have been allowed on the land dedicated for parks and playgrounds.
(Added to NRS by 1973, 1448; A 1979, 660; 1983, 1548)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.4982 - Land dedicated for park or playground: Compensation of developer for excess; plan for development; time limited for development.

1. If the land area dedicated by any subdivider or developer exceeds a proportionate contribution to the total park site, taking into consideration the total residents of the subdivision or development and residents of nearby areas reasonably expected to benefit therefrom, the subdivider or developer making the dedication shall be compensated at fair market value for the excess value contributed.
2. When 25 percent of the property is developed within the subdivision or development from which the land was dedicated, the local governing body or agency to which the dedicated land is conveyed shall provide for planning, public hearings and the adoption of a plan for development of the site, a schedule of that development and a plan for financing which includes operational and maintenance costs of the park or playground.
3. If a park or playground has not been developed on the land dedicated for that purpose within 3 years after the date on which 75 percent of the residential dwelling units authorized within that subdivision or development first become occupied, title to the land reverts to the owners of the lots in the subdivision at the time of the reversion on a pro rata basis.
(Added to NRS by 1973, 1448; A 1979, 660; 1983, 1548)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.4985 - Applicability to planned unit developments.

1. The city council of any city or the board of county commissioners of any county which has adopted a master plan as provided in this chapter which includes future or present sites for parks and playgrounds may require that:
(a) The developers of a planned unit development dedicate land as provided by NRS 278.4979, 278.498 and 278.4981; or
(b) A residential construction tax be imposed on the privilege of constructing planned unit developments in the manner provided by NRS 278.4983,
if the ordinance defining and regulating planned unit developments in the particular city or county imposes open space requirements less than those required by the ordinance adopted pursuant to NRS 278.4981.
2. If a requirement to dedicate land or pay a residential construction tax is imposed on the construction of a planned unit development, the planned unit development is eligible to receive a credit against the amount of land to be dedicated or the amount of the residential construction tax imposed, for the amount and value of the developed open space within the planned unit development.
(Added to NRS by 1973, 1450; A 1983, 1552)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.4987 - Provisions for dedication and residential construction tax mutually exclusive; concurrent application prohibited.

1. The requirement for dedication of land under NRS 278.4979, 278.498 and 278.4981 and the imposition of the residential construction tax under NRS 278.4983, are mutually exclusive as to any particular subdivision, apartment house, mobile home lot or residential dwelling unit which may be benefited or affected by any such requirement or imposition.
2. Any city council or board of county commissioners determining to provide park or playground facilities under the provisions of NRS 278.497 to 278.4987, inclusive, shall elect, for any one period, to follow only one of the procedures provided in these sections.
(Added to NRS by 1973, 1450; A 1975, 1564)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.563 - "Construction committee" and "deed restriction" defined.

As used in NRS 278.563 to 278.568, inclusive, unless a different meaning clearly appears in the context:
1. "Construction committee" means a committee, homeowners group or other similarly constituted body empowered by deed restrictions to determine whether any construction, reconstruction, alteration or use of a building or other structure on a lot subject to such restrictions complies with the requirements of such restrictions.
2. "Deed restriction" means any recorded deed restriction, restrictive covenant or negative servitude governing the construction, reconstruction, alteration or use of any building or other structure on a lot in a subdivision of land created pursuant to this chapter.
(Added to NRS by 1973, 1724)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.564 - Construction committee: Establishment and operation pursuant to deed restrictions; officers of committee to file affidavit with building official on annual basis; required contents of affidavit.

1. Any deed restrictions in the unincorporated area of a county whose population is 100,000 or more but less than 700,000, recorded after July 1, 1973, may provide for the establishment and operation, under appropriate rules and procedure, of a construction committee.
2. As soon as a construction committee has been established and organized pursuant to the provisions of subsection 1, and no later than January 1 of each year thereafter, the officers of the committee shall file an affidavit with the building official having jurisdiction over the area within which the subdivision is situated, identifying the committee as the constituted construction committee empowered pursuant to recorded deed restrictions to determine compliance with those restrictions on lots in the subdivision. The affidavit must also set forth the names of the officers of the committee, including the address of a particular officer designated as the authorized representative of the committee for the purposes of NRS 278.563 to 278.568, inclusive.
(Added to NRS by 1973, 1724; A 1979, 531; 1989, 1918; 2001, 1246; 2011, 1201)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.565 - Deed restrictions: Copy to be filed with tentative map and with building official and presented to prospective purchaser; recording of original copy.

1. A copy of deed restrictions proposed for a subdivision in a county whose population is 100,000 or more but less than 700,000 must be filed with the planning commission or governing body with the tentative map.
2. Upon final approval of the subdivision, a copy of the restrictions must be:
(a) Filed with the building official having jurisdiction over the area within which the subdivision is situated.
(b) Presented to each prospective purchaser of real property within the subdivision.
3. The original copy of the restrictions may be recorded with the county recorder immediately following the recording of the final map.
(Added to NRS by 1973, 1724; A 1977, 1512; 1979, 531; 1985, 1690; 1989, 1918; 2001, 1246; 2011, 1201)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.566 - Written report of construction committee required before building official may issue building permit; application for written report; exceptions.

1. Except as provided in subsection 3, the building official in a county whose population is 100,000 or more but less than 700,000, shall not issue any building permit for the construction, reconstruction, alteration or use of any building or other structure on a lot subject to deed restrictions unless the building official has received a written report thereon from the construction committee.
2. An application for a written report must be made by certified mail addressed to the authorized representative of the construction committee. If the construction committee fails or refuses to submit its written report to the building official within 20 days from the date of its receipt of a written request therefor, the building official must proceed as provided by law in cases where there is no functioning construction committee.
3. This section does not apply if the cost of the construction, reconstruction, alteration or use specified in subsection 1 is $500 or less.
(Added to NRS by 1973, 1725; A 1979, 531; 1989, 1918; 2001, 1247; 2011, 1201)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.567 - Procedure when construction committee inoperative.

If the construction committee required by NRS 278.564 fails to be organized, is dissolved or becomes inactive:
1. The building official may issue an otherwise proper building permit for an improvement on property subject to deed restrictions.
2. An owner or owners of real property within a subdivision may lawfully undertake to prevent, or seek damages by reason of, a violation of deed restrictions pertaining to such subdivision.
(Added to NRS by 1973, 1725; A 2001, 1247)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.568 - Applicability to preexisting subdivisions.

NRS 278.566 and 278.567 apply to any subdivision created prior to July 1, 1973, all or a portion of the parcels of which are subject to deed restrictions providing for the establishment and operation of a construction committee.
(Added to NRS by 1973, 1725)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.569 - Reservation in map of right-of-way for existing irrigation ditch.

Each governing body shall require by ordinance that each:
1. Tentative map of a subdivision indicate the location of irrigation ditches and rights-of-way and easements for irrigation ditches.
2. Final map of a subdivision, parcel map or final map of a division of land into large parcels reserve a right-of-way for any existing irrigation ditch and its maintenance.
(Added to NRS by 1981, 196; A 1987, 1392)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.5691 - Dedication of right to appropriate water: Prerequisites to supplier of water requiring dedication; prohibitions.

1. Before a supplier of water may require the dedication of a right to appropriate water in order to ensure a sufficient supply of water to provide new or modified water service to one or more parcels that will be developed, divided or subdivided pursuant to the provisions of this section and NRS 278.010 to 278.630, inclusive, the dedication requirement must:
(a) Be required pursuant to an ordinance, rule, regulation or any other requirement adopted by the supplier of water;
(b) Be based on reliable data and procedures estimating demand;
(c) Consider any requirements for a sustainable water supply; and
(d) Consider historic usage by similar existing water services.
2. If a right to appropriate water has been dedicated pursuant to subsection 1 in connection with the approval of a final map filed pursuant to the provisions of this section and NRS 278.010 to 278.630, inclusive, a supplier of water may not reduce the rate of diversion of the right to appropriate water that has been dedicated unless the State Engineer approves the reduction.
3. Except as otherwise provided in this subsection, a supplier of water may not sell, lease, convey or transfer a right to appropriate water that has been dedicated pursuant to subsection 1. This subsection does not apply to:
(a) Mergers and acquisitions of a water system owned or operated by a utility;
(b) Sales, leases, conveyances or transfers by the supplier of water to:
(1) Develop, improve or maintain the availability and reliability of the water supply; and
(2) Further the sustainable and efficient management of the water supply; or
(c) Settlements of judicial or administrative proceedings concerning a water system owned or operated by a utility.
4. As used in this section:
(a) "Final map" has the meaning ascribed to it in NRS 278.0145.
(b) "Modified water service" means a change or alteration to:
(1) The quantity of water delivered to one or more parcels;
(2) The capacity to deliver water to one or more parcels; or
(3) Any facility of the supplier of water necessitated by construction on one or more parcels.
(c) "Supplier of water" includes, without limitation:
(1) Any county, city, town, local improvement district, general improvement district and water conservancy district;
(2) Any water district, water system, water project or water planning and advisory board created by a special act of the Legislature;
(3) A public utility; and
(4) Any other public or private entity,
that supplies water for municipal, industrial or domestic purposes.
(Added to NRS by 2019, 2531)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.5693 - Requirements for adjustment of boundary line or transfer of land involving adjacent property.

1. For a boundary line to be adjusted or for land to be transferred pursuant to paragraph (c) of subsection 5 of NRS 278.461, a professional land surveyor must have performed a field survey, set monuments and filed a record of survey pursuant to NRS 625.340.
2. A record of survey filed pursuant to subsection 1 must contain:
(a) A certificate by the professional land surveyor who prepared the map stating that:
(1) He or she has performed a field survey sufficient to locate and identify properly the proposed boundary line adjustment;
(2) All corners and angle points of the adjusted boundary line have been defined by monuments or will be otherwise defined on a document of record as required by NRS 625.340; and
(3) The map is not in conflict with the provisions of NRS 278.010 to 278.630, inclusive.
(b) A certificate that is executed and acknowledged by each affected owner of the abutting parcels which states that:
(1) The owner has examined the plat and approves and authorizes the recordation thereof;
(2) The owner agrees to execute the required documents creating any easement which is shown;
(3) The owner agrees to execute the required documents abandoning any existing easement pursuant to the provisions of NRS 278.010 to 278.630, inclusive;
(4) All property taxes on the land for the fiscal year have been paid; and
(5) Any lender with an impound account for the payment of taxes has been notified of the adjustment of the boundary line or the transfer of the land.
(c) A certificate by the governing body or its designated representative approving the adjustment of the boundary line.
(Added to NRS by 1991, 1381; A 1993, 1197, 2582; 2007, 853)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.5695 - County recorder required to indicate on copy of plot, plat, map or survey that subsequent changes should be examined.

If a county recorder maintains a cumulative index, the county recorder shall indicate on any copy of a plot, plat, map or survey which the county recorder provides that subsequent changes to that document should be examined and may be determined by reference to the cumulative index.
(Added to NRS by 1987, 379)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.5697 - Validity of electronic documents.

1. Except as otherwise provided in NRS 247.115, if the provisions of NRS 278.320 to 278.5695, inclusive, require that:
(a) A document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document if the file containing the document is locked electronically to prevent any changes to the document.
(b) A document be filed, submitted or presented, the requirement is satisfied if the document is filed, submitted or presented electronically and the file containing the document is locked electronically to prevent any changes to the document.
(c) A document be sealed or stamped, the requirement is satisfied if:
(1) The document is sealed or stamped electronically using an electronically prepared seal or stamp; and
(2) Secure encryption methods are in place to prevent the copying, transferring or removing of the seal or stamp, which must comply, without limitation, with any requirements for digital signatures set forth in chapter 720 of NRS and any regulations adopted pursuant thereto and any standards of the county recorder for such electronic documents.
(d) A document be signed, the requirement is satisfied by the use of a digital signature if the digital signature complies with:
(1) Any requirements regarding the use of digital signatures prescribed in chapter 720 of NRS and any regulations adopted pursuant thereto; and
(2) Any standards for the use of digital signatures adopted by the county recorder to whom the document is being submitted.
(e) A copy of a document to be forwarded, furnished or provided, the requirement is satisfied if the copy is forwarded, furnished or provided electronically.
2. Nothing in this section shall be construed to limit the authority of:
(a) The Secretary of State to adopt regulations regarding digital signatures pursuant to NRS 720.150.
(b) A governmental agency to prescribe requirements relating to the use of electronic records or electronic signatures pursuant to NRS 719.350.
(c) The State Board of Professional Engineers and Land Surveyors to prescribe requirements relating to the signing and stamping of documents produced by a professional engineer or land surveyor pursuant to NRS 625.565.
(d) Any other governmental entity authorized by law to establish requirements or procedures relating to electronic documents or records.
(Added to NRS by 2021, 1297)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.570 - Building official: Purpose; appointment; compensation; certification and continuing education; employees; expenditures.

1. The governing body of any city or county may provide for the inspection of structures and the enforcement of the zoning regulations and building codes by means of the withholding of building permits. For the purpose of the inspection of structures and the enforcement of building codes by means of the withholding of building permits, the governing body may establish and fill a position of city or county building official, and may fix the compensation attached to the position, or may authorize an administrative official of the city or county to assume the functions of the position in addition to his or her customary functions. A building official must comply with the requirements for certification and continuing education established pursuant to NRS 278.577.
2. The building official may appoint such employees as the building official may deem necessary for the fulfillment of the duties of his or her position. The appointment, promotion, demotion and removal of such employees shall be subject to the same provisions of law as govern other corresponding civil employees in the city or county. Except as otherwise provided in NRS 278.577, any employee appointed pursuant to this subsection whose duties include the reviewing of plans or the inspection of any portion of a structure must comply with the requirements for certification and continuing education established pursuant to that section.
3. The expenditures of the building official shall be within the amounts appropriated for the purpose by the governing body which may provide the funds, equipment and accommodations necessary for the building official’s work.
[Part 34:110:1941; 1931 NCL § 5063.33] + [35:110:1941; 1931 NCL § 5063.34]—(NRS A 2001, 1247)