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2023 Nevada Revised Statutes › Chapter 383 - Historic Preservation and Archeology › NRS 383.180 - Prohibited acts; penalties; exceptions.

1. Except as otherwise provided in NRS 383.170, a person who willfully removes without obtaining any required permit, mutilates, defaces, injures or destroys the cairn or grave of a native Indian:
(a) For a first offense, is guilty of a gross misdemeanor.
(b) For a second offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.
(c) For a third or subsequent offense, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
In addition to any other penalty, the court shall order a person found guilty of any violation of this subsection to pay restitution for the cost to reinter with appropriate dignity all artifacts and human remains associated with the cairn or grave.
2. A person who fails to notify the Office of the discovery and location of an Indian burial site in violation of NRS 383.170 is guilty of a gross misdemeanor and shall be punished by a fine of $500 for the first offense, or by a fine of not more than $1,500 for a second or subsequent offense, and may be further punished by imprisonment in the county jail for not more than 364 days.
3. A person who:
(a) Possesses any artifact or human remains taken from the cairn or grave of a native Indian on or after October 1, 1989, in a manner other than that authorized by NRS 383.170;
(b) Publicly displays or exhibits any of the human remains of a native Indian, except during a funeral ceremony; or
(c) Sells any artifact or human remains taken from the cairn or grave of a native Indian,
is guilty of a category D felony and shall be punished as provided in NRS 193.130.
4. This section does not apply to:
(a) The possession or sale of an artifact:
(1) Discovered in or taken from a location other than the cairn or grave of a native Indian; or
(2) Removed from the cairn or grave of a native Indian by other than human action; or
(b) Action taken by a peace officer in the performance of his or her duties.
(Added to NRS by 1989, 574; A 1993, 929; 1995, 1271; 2013, 983; 2017, 3548; 2019, 585)
2023 Nevada Revised Statutes › Chapter 383 - Historic Preservation and Archeology › NRS 383.190 - Civil remedy.

1. In addition to the imposition of any criminal penalty, an Indian tribe or an enrolled member of an Indian tribe may bring a civil action to secure an injunction, damages and other appropriate relief against a person who violates NRS 383.170 or 383.180. The action must be brought within 2 years after the discovery of the action by the plaintiff. The action may be filed in the district court for the county in which the cairn, grave, artifacts or remains are located, or within which the defendant resides.
2. If the plaintiff prevails in the action:
(a) The court may award reasonable attorney fees to the plaintiff.
(b) The court may grant injunctive or such other equitable relief as is appropriate, including forfeiture of any artifacts or human remains acquired or equipment used in the violation. The court shall order the disposition of any forfeited equipment as it sees fit, and order the reinterment of the artifacts and human remains at the defendant’s expense under the supervision of the Indian tribe.
(c) The plaintiff may recover actual damages.
3. If the defendant prevails in the action, the court may award reasonable attorney fees to the defendant.
(Added to NRS by 1989, 575)
2023 Nevada Revised Statutes › Chapter 383 - Historic Preservation and Archeology › NRS 383.400 - Definitions.

As used in NRS 383.400 to 383.440, inclusive, unless the context otherwise requires, the words and terms defined in NRS 383.405 to 383.425, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2005, 569)
2023 Nevada Revised Statutes › Chapter 383 - Historic Preservation and Archeology › NRS 383.435 - Prohibited acts; penalties; exceptions; civil remedy.

1. Except as otherwise provided in this section, a person who knowingly and willfully removes, mutilates, defaces, excavates, injures or destroys a historic or prehistoric site or resource on state land or who receives, traffics in or sells cultural property appropriated from state land without a valid permit, unless a greater penalty is provided by a specific statute:
(a) For a first offense, is guilty of a gross misdemeanor.
(b) For a second offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.
(c) For a third or subsequent offense, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
In addition to any other penalty, the court shall order a person found guilty of any violation of this subsection to pay restitution for the cost of restoration, stabilization and interpretation of the site or cultural property, as applicable.
2. This section does not apply to any action taken:
(a) In accordance with an agreement with the Office entered into pursuant to NRS 383.430; or
(b) In accordance with the provisions of NRS 381.195 to 381.227, inclusive, by the holder of a permit issued pursuant to those sections.
3. In addition to any other penalty, a person who violates a provision of this section is liable for civil damages to the state agency or political subdivision which has jurisdiction over the state land in an amount equal to the cost or, in the discretion of the court, an amount equal to twice the cost of the restoration, stabilization and interpretation of the site plus any court costs and fees.
(Added to NRS by 2005, 570; A 2013, 983; 2017, 3549; 2019, 586)
2023 Nevada Revised Statutes › Chapter 383 - Historic Preservation and Archeology › NRS 383.440 - Regulations.

1. The Office may adopt regulations to carry out the provisions of NRS 383.400 to 383.440, inclusive.
2. The Office shall adopt regulations as necessary to carry out the provisions of NRS 383.150 to 383.440, inclusive, including, without limitation, regulations which set forth the process for repatriation of prehistoric native Indian human remains and funerary objects. The regulations must be developed in consultation with Indian tribes and incorporate the values, beliefs and traditions of the Indian tribes as determined and conveyed by the members of the Indian tribes during the consultation with the Office.
(Added to NRS by 2005, 570; A 2017, 3542)
2023 Nevada Revised Statutes › Chapter 383 - Historic Preservation and Archeology › NRS 383.500 - Creation; members; Chair; rules; meetings; quorum; allowances and expenses.

1. The Commission for Cultural Centers and Historic Preservation is hereby created. The Commission is advisory to the Department and consists of:
(a) The Chair of the Board of Trustees of Nevada Humanities or a member of the Board of Trustees of Nevada Humanities designated by the Chair;
(b) The Chair of the Board of the Nevada Arts Council of the Department of Tourism and Cultural Affairs or a member of the Board of the Nevada Arts Council designated by the Chair;
(c) The Chair of the Advisory Board or a member of the Advisory Board designated by the Chair;
(d) A member of the Advisory Board appointed by the Governor;
(e) A member of the Advisory Board appointed by the Governor after giving consideration to any recommendation of an enrolled member of a Nevada Indian tribe which is submitted by the Nevada Indian Commission, after consultation with the Inter-Tribal Council of Nevada, Inc., or its successor organization;
(f) One representative of the general public who has a working knowledge of the promotion of tourism in Nevada and who is appointed by the Governor; and
(g) The Chair of the State Council on Libraries and Literacy or a member of the State Council on Libraries and Literacy designated by the Chair.
2. The Commission shall:
(a) Elect from its membership a Chair who shall serve for a term of 2 years. A vacancy occurring in this position must be filled by election of the members of the Commission for the remainder of the unexpired term.
(b) Prescribe rules for its own management and government.
(c) Meet biannually, or at more frequent times if it deems necessary, and may, within the limitations of its budget, hold special meetings at the call of the Chair.
3. Four members of the Commission constitute a quorum, but a majority of the members of the Commission is necessary to consider particular business before it and to exercise the power conferred on the Commission.
4. The members of the Commission are not entitled to be paid a salary, but are entitled, while engaged in the business of the Commission, to receive the per diem allowance and travel expenses provided for state officers and employees generally.
(Added to NRS by 2015, 70; A 2015, 138; 2017, 3550)
2023 Nevada Revised Statutes › Chapter 383 - Historic Preservation and Archeology › NRS 383.510 - Plan for preservation and promotion of cultural resources.

1. The Commission shall maintain, and revise at least once every 2 years, a 10-year plan to:
(a) Preserve and promote Nevada’s cultural resources; and
(b) Develop a network of cultural centers and activities in this State.
2. The plan must include:
(a) A description of the means by which a statewide network of cultural centers and activities is to be developed;
(b) A program for awarding financial assistance to pay the actual expenses of preserving or protecting historical buildings to be used to develop a network of cultural centers and activities; and
(c) A detailed list of the initial projects to be undertaken.
3. The plan must be submitted to:
(a) The Governor;
(b) The Legislative Commission; and
(c) The State Board of Examiners.
(Added to NRS by 2015, 71)
2023 Nevada Revised Statutes › Chapter 383 - Historic Preservation and Archeology › NRS 383.520 - Program for awarding financial assistance.

The Commission may, in establishing the program for awarding financial assistance described in paragraph (b) of subsection 2 of NRS 383.510:
1. Award financial assistance to governmental entities and nonprofit corporations formed for educational or charitable purposes, including, without limitation, the preservation or promotion of cultural resources.
2. Establish the conditions an applicant must satisfy to receive an award of financial assistance. Financial assistance may only be awarded for the actual expense of preserving or protecting historical buildings to be used to develop a network of cultural centers and activities.
3. Specify the criteria by which proposed projects will be judged. The criteria must include, but is not limited to, a consideration of the degree to which a proposed project:
(a) May become a recurring event without the necessity of future state financial support;
(b) Will be accessible to the community;
(c) Will promote tourism in the State;
(d) Will promote or preserve some historic or prehistoric feature of Nevada;
(e) Will have multiple uses for many types of cultural organizations;
(f) Will supplement training in the classroom in the arts and humanities; and
(g) Incorporates the various disciplines directly associated with cultural resources.
4. Give priority to projects of statewide historical, prehistorical or cultural significance which demonstrate an ability to raise and sustain required amounts of financial support from sources other than the State of Nevada, including donations of goods and services. The ability of a project to raise and sustain support must be weighed against the relative means and abilities of the applicants.
(Added to NRS by 2015, 71)
2023 Nevada Revised Statutes › Chapter 383 - Historic Preservation and Archeology › NRS 383.530 - Determination of annual amount of financial assistance to be granted by Commission; notice to State Board of Examiners and State Board of Finance; issuance of bonds.

1. The Commission shall determine annually the total amount of financial assistance it will grant from the proceeds of bonds issued pursuant to this section in that calendar year pursuant to NRS 383.500 to 383.540, inclusive. The Commission shall notify the State Board of Examiners and the State Board of Finance of that amount.
2. After receiving the notice given pursuant to subsection 1, the State Board of Finance shall issue general obligation bonds of the State of Nevada in the amount necessary to generate the amount to be granted by the Commission from the proceeds of the bonds issued pursuant to this section, to pay the expenses related to the issuance of the bonds and to pay for the administrative services of the Commission. The expenses related to the issuance of bonds pursuant to this section must be paid from the proceeds of the bonds, and must not exceed 2 percent of the face amount of the bonds sold. In no case may the total face amount of the bonds issued pursuant to this section exceed $3,000,000 per year. No public debt is created, within the meaning of Section 3 of Article 9 of the Nevada Constitution, until the issuance of the bonds.
3. The proceeds from the sale of the bonds authorized by this section, after deducting the expenses relating to the issuance of the bonds, must be deposited with the State Treasurer and credited to the Fund for the Preservation and Promotion of Cultural Resources created by NRS 383.540.
4. The provisions of the State Securities Law, contained in chapter 349 of NRS, apply to the issuance of bonds pursuant to this section.
(Added to NRS by 2015, 72; A 2015, 139)
2023 Nevada Revised Statutes › Chapter 383 - Historic Preservation and Archeology › NRS 383.540 - Fund for the Preservation and Promotion of Cultural Resources.

1. There is hereby created in the State Treasury the Fund for the Preservation and Promotion of Cultural Resources. The Commission is responsible for the administration of the Fund. All money received and held by the State Treasurer for that purpose must be deposited in the Fund. The Commission shall account separately for money received from the proceeds of bonds issued pursuant to NRS 383.530.
2. The Commission may expend money in the Fund only:
(a) For projects identified in the Commission’s plan to promote and preserve the State’s cultural resources pursuant to NRS 383.500 to 383.540, inclusive. In addition to the amount of financial assistance granted from the proceeds of bonds issued pursuant to NRS 383.530, the Commission may grant as financial assistance not more than $750,000 each calendar year of the interest earned on the deposit or investment of the money in the Fund; and
(b) For any administrative services provided by the Commission. The Commission may not use more than 5 percent of the proceeds from any particular issuance of bonds to pay for the administrative services.
3. The money in the Fund must be invested as the money in other state funds is invested. All interest on the deposit or investment of the money in the Fund must be credited to the Fund.
4. Claims against the Fund must be paid as other claims against the State are paid.
(Added to NRS by 2015, 72; A 2015, 140)
2023 Nevada Revised Statutes › Chapter 384 - Historic Districts › NRS 384.005 - Establishment of historic district by city or county.

1. Any county or city may establish a historic district, the boundaries of which do not include the Comstock Historic District, for the purpose of promoting the educational, cultural, economic and general welfare of the public through the preservation, maintenance and protection of structures, sites and areas of historic interest and scenic beauty.
2. Before establishing any historic district, the board of county commissioners of a county or the governing body of a city shall hold a public hearing after giving notice of the time and the place of the hearing in a newspaper of general circulation in that county or city. The notice must be published once a week for 3 consecutive weeks and include the purpose of the hearing and the boundaries of the proposed district. At the hearing any person may appear in support of or in opposition to the establishment of the proposed district.
3. Within 15 days after the hearing, the board or governing body shall:
(a) Establish the historic district and fix its boundaries; or
(b) Determine not to establish the historic district.
4. If the historic district is established, the board or governing body may adopt any ordinances it determines are in the best interest of the historic district in accordance with the purposes expressed in subsection 1. An ordinance establishing a historic district must:
(a) Contain criteria which substantially achieve the preservation and rehabilitation of buildings of historic significance to the district; and
(b) Provide for a designated review board with the power to review proposed alterations to structures within the district.
5. This section is not intended to discourage the exploration, development or extraction of mineral resources.
(Added to NRS by 1979, 643; A 1989, 22)
2023 Nevada Revised Statutes › Chapter 384 - Historic Districts › NRS 384.020 - Declaration of public policy.

It is hereby declared to be the public policy of the State of Nevada to promote the educational, cultural, economic and general welfare and the safety of the public through the preservation and protection of structures, sites and areas of historic interest and scenic beauty, through the maintenance of such landmarks in the history of architecture, and the history of the District, State and Nation, and through the development of appropriate settings for such structures, sites and District.
(Added to NRS by 1969, 1635)
2023 Nevada Revised Statutes › Chapter 384 - Historic Districts › NRS 384.030 - Definitions.

As used in NRS 384.010 to 384.210, inclusive:
1. "Commission" means the Comstock Historic District Commission.
2. "Exterior architectural features" means the architectural style, general design and general arrangement of the exterior of a structure, including the kind and texture of the building material, the type and style of all windows, doors, light fixtures and signs, color, and other appurtenant fixtures.
3. "Historic district" means an area within which structures and places of historical interest are under the protection of the Commission.
4. "Structure" means any building for whatever purpose constructed or used, house trailer as defined in NRS 484A.100, mobile home as defined in NRS 484D.030, stone wall, fence, light fixture, step, paving, advertising sign, bill poster and any fixture appurtenant thereto, but does not include structures or signs of a temporary nature such as those erected for celebrations or parades.
(Added to NRS by 1969, 1635; A 1973, 672; 1977, 1212; 1979, 638; 2005, 892)
2023 Nevada Revised Statutes › Chapter 384 - Historic Districts › NRS 384.050 - Appointment, qualifications and compensation of members of Commission; officers; allowances and expenses for members and employees.

1. The Governor shall appoint to the Commission:
(a) One member who is a county commissioner of Storey County.
(b) One member who is a county commissioner of Lyon County.
(c) One member who is the Administrator or an employee of the Office of Historic Preservation of the State Department of Conservation and Natural Resources.
(d) Two members who are persons licensed as general engineering contractors or general building contractors pursuant to chapter 624 of NRS or persons who hold a certificate of registration to practice architecture pursuant to chapter 623 of NRS.
(e) Four members who are persons interested in the protection and preservation of structures, sites and areas of historic interest and are residents of the district.
2. The Commission shall elect one of its members as Chair and another as Vice Chair, who shall serve for a term of 1 year or until their successors are elected and qualified.
3. Each member of the Commission is entitled to receive a salary of not more than $80, as fixed by the Commission, for each day’s attendance at a meeting of the Commission.
4. While engaged in the business of the Commission, each member and employee of the Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
(Added to NRS by 1969, 1636; A 1971, 285; 1973, 667; 1977, 1213; 1979, 639; 1981, 1981; 1985, 418; 1989, 1713; 1993, 1594; 2001, 934, 1654; 2011, 2982)
2023 Nevada Revised Statutes › Chapter 384 - Historic Districts › NRS 384.060 - Meetings of Commission; quorum.

1. Meetings of the Commission shall be held at such times and places as the Chair or a majority of the commissioners may designate, or as shall be established by the regulations adopted by the Commission.
2. Five members of the Commission shall constitute a quorum for all purposes and the affirmative vote of a majority of the members present shall be necessary for the adoption or promulgation of any regulation or order of the Commission.
(Added to NRS by 1969, 1636)
2023 Nevada Revised Statutes › Chapter 384 - Historic Districts › NRS 384.070 - Establishment of office by Commission; inspection of records; copies of minutes or audio recordings of meetings; maintenance of library.

1. The Commission may establish and maintain an office in Virginia City, Storey County, Nevada, in which, except as otherwise provided in NRS 241.035, there must be at all times open to public inspection a complete record of applications for certificates of appropriateness and their disposition, minutes and audio recordings or transcripts of the Commission’s meetings, and any regulations adopted by the Commission. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.
2. The Commission shall maintain a library in the office for the purpose of guiding applicants in their design or embellishment of the exterior of their buildings, new or remodeled. The library must consist of, but not be limited to, documents, paintings, photographs, drawings and histories descriptive of the period which are deemed appropriate guidelines to the applicant. A card index system must also be made and maintained for reference to more comprehensive information in libraries other than the one maintained by the Commission.
(Added to NRS by 1969, 1636; A 1971, 285; 2005, 1411; 2013, 330)
2023 Nevada Revised Statutes › Chapter 384 - Historic Districts › NRS 384.080 - Functions and powers of Commission; employment of personnel.

1. The Commission is vested with all of the functions and powers relating to the administration of NRS 384.010 to 384.210, inclusive.
2. It may, to the extent permitted by money appropriated or otherwise received therefor, employ such technical and clerical personnel, including a building inspector or other similar authority, as may be necessary to the discharge of its duties, and fix their compensation.
(Added to NRS by 1969, 1636; A 1973, 672; 1979, 639; 2001, 1249)
2023 Nevada Revised Statutes › Chapter 384 - Historic Districts › NRS 384.090 - Appointment by Commission of committees and subcommittees; regulations.

The Commission may appoint such committees and subcommittees and adopt such reasonable regulations as are necessary to carry out the provisions of NRS 384.010 to 384.210, inclusive.
(Added to NRS by 1969, 1636; A 1979, 639)
2023 Nevada Revised Statutes › Chapter 384 - Historic Districts › NRS 384.100 - Establishment of historic district in designated area: Procedure; alteration of boundaries; house trailer, mobile home or recreational vehicle prohibited; exception.

1. The Commission shall establish an historic district in such portions of Storey and Lyon counties as it may designate as provided in NRS 384.010 to 384.210, inclusive, embracing an area within which historic structures, sites and railroads relating to the Comstock lode and its history are or were located.
2. Before establishing the district, the Commission shall hold a public hearing after giving notice of the time and place of the hearing in a newspaper of general circulation in each county a portion of which is located within the proposed district.
3. The notice must be published once a week for 3 consecutive weeks and must include the purpose of the hearing and the boundaries of the proposed district.
4. At the hearing any person may appear in support of or in opposition to the establishment of the district.
5. Within 15 days after the hearing the Commission shall:
(a) Establish an historic district and fix its boundaries; or
(b) Determine not to establish an historic district.
6. If an historic district is established, notice thereof must be given by one publication in a newspaper of general circulation in each county a portion of which is located within the district.
7. The Commission may alter or change the boundaries of the district by following the same procedure as provided in this section for the establishment of a district.
8. After an historic district is established, no house trailer, mobile home, or recreational vehicle may be placed or established in any area within the district, unless the Commission and the board of county commissioners in the appropriate county, by agreement, permit the establishment of a trailer overlay or the location of a mobile home park within the district, upon a finding that such action is needed and that it would not conflict with the historic aspect and character of the affected area.
(Added to NRS by 1969, 1636; A 1971, 285; 1973, 672; 1979, 640; 1981, 1949)
2023 Nevada Revised Statutes › Chapter 384 - Historic Districts › NRS 384.110 - Certificate of appropriateness: Application; considerations in deliberations by Commission and staff.

1. No structure may be erected, reconstructed, altered, restored, moved or demolished within the historic district until after an application for a certificate of appropriateness as to exterior architectural features has been submitted to and approved by the Commission, or by its staff pursuant to NRS 384.115. The application for a certificate of appropriateness must be in such form and accompanied by such plans, specifications and other material as the Commission may from time to time prescribe.
2. In its deliberations under the provisions of NRS 384.010 to 384.210, inclusive, the Commission and its staff shall not consider interior arrangement or use and shall take no action under NRS 384.010 to 384.210, inclusive, except for the purpose of preventing the erection, reconstruction, restoration, alteration, moving or razing of buildings in the district obviously incongruous with the historic aspects of the district.
3. The provisions of NRS 384.010 to 384.210, inclusive, do not prevent:
(a) The ordinary maintenance or repair of any exterior architectural feature in the historic district which does not involve a change of design or material or the outward appearance thereof;
(b) The construction, reconstruction, alteration or demolition of any such feature which the building inspector or similar authority certifies is required by the public safety because of an unsafe or dangerous condition; or
(c) The construction, reconstruction, alteration or demolition of any such feature under a permit issued by a building inspector or similar authority prior to the effective date of the establishment of such district.
(Added to NRS by 1969, 1637; A 1973, 673; 1979, 640; 2001, 1249; 2005, 893)
2023 Nevada Revised Statutes › Chapter 384 - Historic Districts › NRS 384.115 - Certificate of appropriateness: Authorization by Commission for staff to issue certificates under certain circumstances.

1. The Commission may authorize its staff to issue certificates of appropriateness on behalf of the Commission for specific categories and types of applications if those applications comply substantially with the requirements and public policy set forth in NRS 384.010 to 384.210, inclusive.
2. If an application for a certificate of appropriateness submitted to the Commission:
(a) Does not fall within a category or type for which the Commission has authorized its staff to issue certificates of appropriateness pursuant to subsection 1; or
(b) Is determined by the staff of the Commission as not being in substantial compliance with the requirements and public policy set forth in NRS 384.010 to 384.210, inclusive,
the staff shall forward the application to the Commission for a hearing and determination by the Commission pursuant to NRS 384.120 and 384.130.
3. If the staff forwards an application to the Commission pursuant to subsection 2 because the application does not comply substantially with the requirements and public policy set forth in NRS 384.010 to 384.210, inclusive, the staff shall include a statement of the reasons for its determination.
(Added to NRS by 2005, 892)
2023 Nevada Revised Statutes › Chapter 384 - Historic Districts › NRS 384.120 - Certificate of appropriateness: Public hearing; exceptions; notice.

1. The Commission shall hold a public hearing upon each application for a certificate of appropriateness within 30 days after the application has been filed with the Commission, excluding Saturdays, Sundays and legal holidays, unless:
(a) The application is approved by the staff of the Commission pursuant to NRS 384.115; and
(b) The holding of a hearing is waived in writing by the applicant or the designated representative of the applicant.
2. The Commission shall cause notice of a hearing to be held on an application pursuant to subsection 1 to be given in accordance with NRS 241.020 to:
(a) The applicant;
(b) The owners of all properties deemed by the Commission to be materially affected by the application as they appear on the most recent tax list; and
(c) Any person who has filed a written request for notice of hearings during the preceding calendar year.
3. The Commission may, if it determines the matter to be of sufficient public interest, give an additional notice of the time and place of the hearing by publication in the form of a legal advertisement in a newspaper having a substantial circulation in the district at least 7 days before such hearing.
(Added to NRS by 1969, 1637; A 2005, 893)
2023 Nevada Revised Statutes › Chapter 384 - Historic Districts › NRS 384.130 - Certificate of appropriateness: Determinations by Commission.

As soon as practicable after a public hearing held pursuant to NRS 384.120, but not more than 60 days, Saturdays, Sundays and legal holidays excluded, after the filing of the application for the certificate of appropriateness, or within such further time as the applicant may in writing allow, the Commission shall determine:
1. That the proposed erection, construction, reconstruction, restoration, alteration, moving or razing of the exterior architectural feature involved will be appropriate to the preservation of the historic district for the purposes of NRS 384.010 to 384.210, inclusive;
2. That, even though the proposed project may be inappropriate, failure to issue a certificate would involve a substantial hardship to the applicant because of conditions especially affecting the structure involved, but not affecting the historic district generally, and that a certificate could be issued without substantial detriment to the public welfare or the purposes of NRS 384.010 to 384.210, inclusive; or
3. That the proposed project is inappropriate.
(Added to NRS by 1969, 1638; A 1979, 641; 2005, 894)
2023 Nevada Revised Statutes › Chapter 384 - Historic Districts › NRS 384.140 - Certificate of appropriateness: Factors to be considered by Commission and staff in passing upon appropriateness; refusal.

1. In passing upon the appropriateness of an application pursuant to NRS 384.115 or 384.130, the Commission, and its staff shall consider, in addition to any other pertinent factors:
(a) Historic and architectural value and significance;
(b) Architectural style;
(c) Location on the lot;
(d) Position of the structure in relation to the street or public way and whether it is subject to public view from a public place;
(e) General design, arrangement, texture, material, color and size of the exterior architectural features involved and the relationship thereof to the exterior architectural features of other structures in the immediate neighborhood; and
(f) The relationship of the exterior architectural features to well recognized styles of early western architecture of the late 19th and early 20th centuries.
2. A certificate of appropriateness may be refused for any structure, the erection, reconstruction, restoration, alteration, moving or razing of which, in the opinion of the Commission, would be detrimental to the interest of the historic district or incongruous with the historic aspects of the surroundings and the historic environment of the district.
(Added to NRS by 1969, 1638; A 2005, 894)
2023 Nevada Revised Statutes › Chapter 384 - Historic Districts › NRS 384.170 - Creation and use of Account for the Comstock Historic District; acceptance of gifts, donations, devises and bequests; sale and lease of property; no power of eminent domain.

1. The Commission may accept gifts, donations, devises or bequests of real or personal property for the purpose of enabling it to carry out a program of historic preservation and restoration within the District, and it may expend the same for that purpose. The Commission may sell, or lease for periods not to exceed 20 years, real or personal property for use within the District which it may acquire.
2. The Commission shall deposit gifts or donations of money and any money acquired from selling or leasing the items described in subsection 1 in the Account for the Comstock Historic District which is hereby created in the State General Fund. The Account must be administered by the Commission. Any interest earned on the money in the Account must be credited to the Account. The money deposited in the Account and all interest paid thereon may be expended only for the maintenance of the Commission or to carry out the program of historic preservation and restoration within the District.
3. The Commission has no power of eminent domain.
(Added to NRS by 1969, 1639; A 1995, 52; 2011, 445)
2023 Nevada Revised Statutes › Chapter 384 - Historic Districts › NRS 384.180 - Recommendations of Commission to State and political subdivisions.

The Commission may recommend:
1. To the State and to political subdivisions within the District appropriate measures to effectuate, supplement, foster and promote the purposes of NRS 384.010 to 384.210, inclusive.
2. To any political subdivision within the District appropriate zoning and traffic regulations, including but not limited to designating mobile home and trailer sites, parking, modes of public transportation, ingress and egress to public streets and alleys, and closing of such streets or alleys or restriction of vehicular traffic thereon in order to effectuate the purposes of NRS 384.010 to 384.210, inclusive, such as restoration of historic modes of travel and safety of pedestrians.
(Added to NRS by 1969, 1639; A 1979, 642)
2023 Nevada Revised Statutes › Chapter 384 - Historic Districts › NRS 384.190 - Powers of building inspector or similar authority employed by Commission; order to stop work.

1. The building inspector or similar authority employed by the Commission may investigate, inspect and examine any structure, place or area in the District, either in connection with an application for a certificate of appropriateness, or at any time to determine whether it is in violation of any provision of NRS 384.010 to 384.210, inclusive, or any regulation or order adopted or issued under authority of NRS 384.010 to 384.210, inclusive.
2. Whenever any work is being done contrary to the provisions of NRS 384.010 to 384.210, inclusive, the building inspector or similar authority may order the work stopped by notice in writing served on any person engaged in the doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the Commission to proceed with the work.
(Added to NRS by 1969, 1640; A 1973, 673; 1979, 642; 2001, 1250)
2023 Nevada Revised Statutes › Chapter 384 - Historic Districts › NRS 384.200 - Penalty; jurisdiction of district court; injunctive relief.

1. Any person who violates any of the provisions of NRS 384.010 to 384.210, inclusive, or any regulation or order adopted or issued pursuant to the provisions of NRS 384.010 to 384.210, inclusive, shall be punished by a fine of not more than $500 for each offense. Each day of the violation constitutes a separate offense.
2. The district court of the county in which any property subject to the provisions of NRS 384.010 to 384.210, inclusive, is located has jurisdiction to enforce the provisions of NRS 384.010 to 384.210, inclusive, and any regulations or orders adopted or issued pursuant to the provisions of NRS 384.010 to 384.210, inclusive, and may restrain by injunction violations thereof.
(Added to NRS by 1969, 1640; A 1979, 642)
2023 Nevada Revised Statutes › Chapter 384 - Historic Districts › NRS 384.210 - Appeal to district court from determination of Commission or Board of Museums and History.

1. Any person aggrieved by a determination of the Commission, or of the Board of Museums and History made pursuant to subsection 5 of NRS 384.150, may, within 30 days after the making of the determination, appeal to the district court of the county where the property in question is located.
2. The court may reverse the determination of the Commission if it finds that the reasons given for the determination are unsupported by the evidence or contrary to law. The proceeding in the district court is limited to the record made before the Commission.
(Added to NRS by 1969, 1640; A 1981, 1950; 1993, 1596; 2005, 895)
2023 Nevada Revised Statutes › Chapter 385 - State Administrative Organization › NRS 385.005 - Declaration of legislative intent; policies of integration or desegregation of public schools; recommendations to Legislature for equality of educational opportunity.

1. The Legislature reaffirms its intent that public education in the State of Nevada is essentially a matter for local control by local school districts. The provisions of this title are intended to reserve to the boards of trustees of local school districts within this state such rights and powers as are necessary to maintain control of the education of the children within their respective districts. These rights and powers may only be limited by other specific provisions of law.
2. The responsibility of establishing a statewide policy of integration or desegregation of public schools is reserved to the Legislature. The responsibility for establishing a local policy of integration or desegregation of public schools consistent with the statewide policy established by the Legislature is delegated to the respective boards of trustees of local school districts and to the governing body of each charter school.
3. The State Board shall, and the State Public Charter School Authority, each board of trustees of a local school district, the governing body of each charter school and any other school officer may, advise the Legislature at each regular session of any recommended legislative action to ensure high standards of equality of educational opportunity for all children in the State of Nevada.
(Added to NRS by 1973, 471; A 1997, 1840; 2011, 2318; 2015, 3777; 2019, 1994, 2050)
2023 Nevada Revised Statutes › Chapter 385 - State Administrative Organization › NRS 385.007 - Definitions.

As used in this title, unless the context otherwise requires:
1. "Challenge school" has the meaning ascribed to it in NRS 388D.305.
2. "Charter school" means a public school that is formed pursuant to the provisions of chapter 388A of NRS.
3. "Department" means the Department of Education.
4. "English learner" has the meaning ascribed to it in 20 U.S.C. § 7801(20).
5. "Homeschooled child" means a child who receives instruction at home and who is exempt from compulsory enrollment and attendance pursuant to NRS 392.070.
6. "Local school precinct" has the meaning ascribed to it in NRS 388G.535.
7. "Public schools" means all kindergartens and elementary schools, junior high schools and middle schools, high schools, charter schools and any other schools, classes and educational programs which receive their support through public taxation and, except for charter schools, whose textbooks and courses of study are under the control of the State Board.
8. "School bus" has the meaning ascribed to it in NRS 484A.230.
9. "School counselor" or "counselor" means a person who holds a license issued pursuant to chapter 391 of NRS and an endorsement to serve as a school counselor issued pursuant to regulations adopted by the Commission on Professional Standards in Education or who is otherwise authorized by the Superintendent of Public Instruction to serve as a school counselor.
10. "School psychologist" or "psychologist" means a person who holds a license issued pursuant to chapter 391 of NRS and an endorsement to serve as a school psychologist issued pursuant to regulations adopted by the Commission on Professional Standards in Education or who is otherwise authorized by the Superintendent of Public Instruction to serve as a school psychologist.
11. "School social worker" or "social worker" means a social worker licensed pursuant to chapter 641B of NRS who holds a license issued pursuant to chapter 391 of NRS and an endorsement to serve as a school social worker issued pursuant to regulations adopted by the Commission on Professional Standards in Education or who is otherwise authorized by the Superintendent of Public Instruction to serve as a school social worker.
12. "State Board" means the State Board of Education.
13. "University school for profoundly gifted pupils" has the meaning ascribed to it in NRS 388C.040.
(Added to NRS by 1979, 1563; A 1997, 1840; 1999, 3289; 2003, 2958; 2003, 19th Special Session, 34; 2005, 2428; 2015, 1831, 3778; 2017, 55, 2178, 2918, 3211; 2019, 1975, 1995, 2050, 3078, 3279; 2023, 1197)
2023 Nevada Revised Statutes › Chapter 385 - State Administrative Organization › NRS 385.010 - Creation; composition; executive head.

1. A Department of Education is hereby created.
2. The Department consists of the State Board of Education and the Superintendent of Public Instruction.
3. The Superintendent of Public Instruction is the executive head of the Department.
[1:32:1956]—(NRS A 1979, 1564; 1981, 413; 1985, 811; 1995, 32; 2001, 1025; 2005, 1046; 2017, 499)
2023 Nevada Revised Statutes › Chapter 385 - State Administrative Organization › NRS 385.014 - Opinions of the Attorney General relating to powers and duties.

When required, the Attorney General shall give an opinion in writing and without fee to the State Board, the Superintendent of Public Instruction and the Commission on Professional Standards in Education on matters relating to the powers and duties of the Department.
(Added to NRS by 1979, 1564; A 1987, 993)
2023 Nevada Revised Statutes › Chapter 385 - State Administrative Organization › NRS 385.030 - Officers: President; Secretary.

1. At its first meeting after each election and qualification of newly elected members, the State Board of Education shall organize by electing one of its members as President, to serve at the pleasure of the Board.
2. The Superintendent of Public Instruction is the Secretary of the Board and shall serve without additional salary.
[3:32:1956]—(NRS A 1979, 1566)
2023 Nevada Revised Statutes › Chapter 385 - State Administrative Organization › NRS 385.040 - Meetings and quorum.

1. The State Board shall hold at least 9 but not more than 12 regular meetings annually at the State Capital. The Secretary shall call all regular meetings.
2. At least one of the meetings of the State Board must include a discussion with the superintendents of the school districts, presidents of the boards of trustees of the school districts, representatives of the governing bodies of charter schools, representatives of the governing bodies of university schools for profoundly gifted pupils and the chairs of all boards, commissions and councils in the public education system in this State to discuss:
(a) The goals and benchmarks of the State for improving the academic achievement of pupils enrolled in public schools;
(b) The effects of those goals and benchmarks on the school districts and public schools;
(c) The status of the school districts and public schools in achieving the goals and benchmarks; and
(d) The status of any plan of corrective action requested by the Superintendent of Public Instruction and of any measures taken to ensure compliance with a plan of corrective action or an order of a hearing officer pursuant to NRS 388.4354.
3. The State Board may hold special meetings at such other times and places as the State Board may direct. The Secretary shall call special meetings upon the written request of the President or any three voting members of the State Board.
4. A majority of the voting members of the State Board constitutes a quorum for the transaction of business, and no action of the State Board is valid unless that action receives, at a legally called meeting, the approval of a majority of all voting members.
[4:32:1956]—(NRS A 1979, 1566; 1983, 1441; 2011, 2302; 2017, 3143)
2023 Nevada Revised Statutes › Chapter 385 - State Administrative Organization › NRS 385.050 - Compensation of members; claims.

1. Each member of the State Board of Education is entitled to receive compensation of not more than $80 per day, as fixed by the State Board, for attending each meeting of the State Board, not to exceed 12 meetings in any calendar year.
2. While engaged in the business of the State Board, each member and employee of the State Board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
3. Claims for compensation and expenses must be approved by the Superintendent of Public Instruction and the State Board of Examiners, and must be paid from money provided by direct legislative appropriation from the State General Fund as other claims against the State are paid.
[5:32:1956]—(NRS A 1975, 497; 1979, 73; 1981, 1982; 1985, 418; 1989, 1714)
2023 Nevada Revised Statutes › Chapter 385 - State Administrative Organization › NRS 385.080 - Regulations.

The State Board may adopt regulations for its own government and as necessary for the execution of the powers and duties conferred upon it by law.
[8:32:1956]—(NRS A 1977, 222; 1979, 1566; 1987, 993, 1489; 1995, 1382)
2023 Nevada Revised Statutes › Chapter 385 - State Administrative Organization › NRS 385.085 - Regulations: Conditions for acceptance of money, services, commodities or equipment for public schools from federal agencies; exceptions.

1. The State Board of Education shall prescribe regulations under which contracts, agreements or arrangements may be made with agencies of the Federal Government for money, services, commodities or equipment to be made available to the public schools, subject to the supervision and control of the Superintendent of Public Instruction.
2. All contracts, agreements or arrangements made by public schools in the State of Nevada involving money, services, commodities or equipment which may be provided by agencies of the Federal Government, must be entered into in accordance with the regulations prescribed by the State Board and in no other manner.
3. This section does not apply to any money received by any school district in the State of Nevada pursuant to the provisions of:
(a) "An Act to provide financial assistance for local educational agencies in areas affected by federal activities, and for other purposes," being Public Law 874-81st Congress; and
(b) "An Act relating to the construction of school facilities in areas affected by federal activities, and for other purposes," being Public Law 815-81st Congress,
as these statutes were enacted and may be amended.
[10:32:1956]—(NRS A 1979, 1567)—(Substituted in revision for NRS 385.100)