reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 278 - Planning and Zoning › SUBDIVISION OF LAND › Review of Tentative Map › Section 278.260 - Information required for review of tentative map

Current through June 11, 2024
A developer shall submit all the following items of
				  information to the Division or local agency for its review of a tentative
				  map:
1. A map showing the topographic
				features of the subdivision, including contours at intervals of 2 feet for
				slopes of 10 percent or less and intervals of 5 feet for slopes of over 10
				percent.
2. Two copies of the map
				showing the tentative design of the subdivision, including the arrangement of
				lots, the alignment of roads and easements.
3. If a system for subsurface disposal of
				sewage will be used in the subdivision, a report on the soil, including the
				types of soil, a table showing seasonal high water levels and the rate of
				percolation at the depth of any proposed system for absorption by
				soil.
4. A statement of the type of
				water system to be used and the water source, for example, private wells or a
				public water system.
5. Unless
				water for the subdivision is to be supplied from an existing public water
				system, a report of the analyses , performed pursuant to NAC 278.390, of four
				samples taken in or adjacent to the subdivision from different wells. The
				analyses must show that the water meets the standards prescribed in NAC
				445A.450 to 445A.492, inclusive.
6.
				A map of the 100-year floodplain for the applicable area. The map must have
				been prepared by recognized methods or by an appropriate governmental agency
				for those areas subject to flooding.
7. A description of the subdivision in terms
				of 40-acre parts of a designated section, township and range, or any other
				description which provides a positive identification of the location of the
				subdivision.
8. A map of the
				vicinity of the subdivision, showing the location of the proposed subdivision
				relative to the nearest city or major highway.
9. The names and addresses of the owners and
				developers of the subdivision.
10.
				A master plan showing the future development and intended use of all land under
				the ownership or control of the developer in the vicinity of the proposed
				subdivision.
Bd. of Health,
				  Subdiv., Condo., & PUD Reg. § 25, eff. 9-15-82-NAC A 8-1-94; R088-00,
				  8-3-2001; A by Environmental Comm'n by R152-08, 12-17-2008; A by
				  R020-15,
				  eff. 10/27/2015
NRS
					 445A.855,
					 445A.860
Nevada Administrative Code › Chapter 278 - Planning and Zoning › SUBDIVISION OF LAND › Review of Tentative Map › Section 278.270 - Completeness of application

Current through June 11, 2024
1. An application
				for review of a tentative map is not complete until all the required items of
				information have been submitted by the local government. The period allowed the
				Division or local agency for its review begins on the date when the application
				is complete.
2. If an incomplete
				application for review is received by the Division or local agency, it shall
				give the local government written notice of that fact. The notice must include
				a list of the specific items which are missing.
Bd. of Health,
				  Subdiv., Condo., & PUD Reg. part § 25, eff. 9-15-82-NAC A by
				  Environmental Comm'n by R152-08, 12-17-2008
NRS
					 439.200,
					 445A.855,
					 445A.860
Nevada Administrative Code › Chapter 278 - Planning and Zoning › SUBDIVISION OF LAND › Review of Final Map or Plan for Improvements › Section 278.290 - Plan for water and sewerage required

Current through June 11, 2024
1. Except as
				otherwise provided in subsection 2, when a developer submits a final map of his
				or her subdivision for review, the developer must also provide a complete plan
				for improvements showing the systems of water supply and sewage disposal for
				the area to be developed.
2. A
				developer may submit a plan for improvements for review before submitting the
				final map. If such a plan for improvements is approved before the final map is
				submitted:
(a) The plan for improvements must
				be resubmitted for review to the Division or local agency if any changes are
				made to the plan before the final map is submitted. The changes must be clearly
				identified on the plan when it is resubmitted to the Division or local agency.
(b) When submitting the final map
				for review, the developer must include a certification by the professional
				engineer of record for the subdivision stating that no changes have been made
				to the plan for improvements, except for any changes approved in accordance
				with paragraph (a).
Nevada Administrative Code › Chapter 278 - Planning and Zoning › SUBDIVISION OF LAND › Review of Final Map or Plan for Improvements › Section 278.300 - Completeness of application

Current through June 11, 2024
An application for review of a final map is subject to the
				  same provisions on completeness as those which are prescribed in NAC 278.260
				  and 278.270.
Bd. of Health,
				  Subdiv., Condo., & PUD Reg. § 27, eff.
				  9-15-82
NRS
					 439.200
Nevada Administrative Code › Chapter 278 - Planning and Zoning › SUBDIVISION OF LAND › Review of Final Map or Plan for Improvements › Section 278.310 - Certification: Form of statement required

Current through June 11, 2024
In preparing the certificate required by subsection 1 of
				  NRS
				  278.377, the Division or a local agency
				  acting for the Division shall include the following statement:
This final map is approved by the (Division of Environmental
				  Protection of the State Department of Conservation and Natural Resources, or
				  the health district, county or city for the Division of Environmental
				  Protection). This approval concerns sewage disposal, water pollution, water
				  quality and water supply facilities and is predicated upon plans for a (public,
				  private) water supply and (a community, individual systems) for disposal of
				  sewage.
...............................................................
				  .........................................
(Division of Environmental Protection; Date
Health District, County, City)
Bd. of Health,
				  Subdiv., Condo., & PUD Reg. § 28, eff. 9-15-82-NAC A by Environmental
				  Comm'n by R152-08, 12-17-2008
NRS
					 439.200,
					 445A.855,
					 445A.860
Nevada Administrative Code › Chapter 278 - Planning and Zoning › SUBDIVISION OF LAND › Review of Final Map or Plan for Improvements › Section 278.320 - Certification: Reference to compliance with chapter

Current through June 11, 2024
A local agency which certifies to the Division, pursuant to
				  subsection 3 of
				  NRS
				  278.335, that the water quality and quantity,
				  sewage disposal and control of water pollution for a subdivision meet all the
				  requirements of law must also certify that the requirements of this chapter are
				  met, if the agency so finds.
Bd. of Health,
				  Subdiv., Condo., & PUD Reg. § 29, eff. 9-15-82-NAC A by Environmental
				  Comm'n by R152-08, 12-17-2008
NRS
					 439.200,
					 445A.855,
					 445A.860
Nevada Administrative Code › Chapter 278 - Planning and Zoning › SUBDIVISION OF LAND › Review of Final Map or Plan for Improvements › Section 278.330 - Time for review of final map; notice of decision; delay in recording map

Current through June 11, 2024
1. The Division or local agency shall review
				and either approve or disapprove the final map and related plans or the plan
				for improvements submitted in accordance with subsection 2 of NAC 278.290
				within 30 days after receipt of the map and related plans or the plan for
				improvements.
2. The Division or
				local agency shall give written notice of its approval or disapproval to the
				developer. If the Division or local agency disapproves the map or related plans
				or the plan for improvements, its notice must include the reasons for its
				action.
3. If the developer fails
				to record an approved final map within the time allowed by NRS NRS
				NRS
				278.360, the developer must resubmit a
				tentative map through the governing body to the Division or local agency for
				its review and approval.
Bd. of Health,
				  Subdiv., Condo., & PUD Reg. § 30, eff. 9-15-82-NAC A by Environmental
				  Comm'n by R152-08, 12-17-2008; A by
				  R020-15,
				  eff. 10/27/2015
NRS
					 445A.855,
					 445A.860
Nevada Administrative Code › Chapter 278 - Planning and Zoning › SUBDIVISION OF LAND › Review of Final Map or Plan for Improvements › Section 278.340 - Construction prohibited until final map approved

Current through June 11, 2024
The developer shall not perform any construction on the site
				  of a subdivision, except that necessary to evaluate the subdivision, until the
				  Division or local agency approves the plan for improvements.
Bd. of Health,
				  Subdiv., Condo., & PUD Reg. § 31, eff. 9-15-82-NAC A by Environmental
				  Comm'n by R152-08, 12-17-2008; A by
				  R020-15,
				  eff. 10/27/2015
NRS
					 445A.855,
					 445A.860
Nevada Administrative Code › Chapter 278 - Planning and Zoning › SUBDIVISION OF LAND › Review of Final Map or Plan for Improvements › Section 278.350 - Approval of map constitutes approval of concept of proposed methods

Current through June 11, 2024
An approval by the Division or local agency of a tentative
				  map constitutes an approval of the concept of the proposed methods of providing
				  for disposal of sewage, controlling water pollution, ensuring the quality of
				  water and providing facilities for water supply.
Bd. of Health,
				  Subdiv., Condo., & PUD Reg. § 32, eff. 9-15-82-NAC A by Environmental
				  Comm'n by R152-08, 12-17-2008
NRS
					 439.200,
					 445A.855,
					 445A.860
Nevada Administrative Code › Chapter 278 - Planning and Zoning › SUBDIVISION OF LAND › Review of Final Map or Plan for Improvements › Section 278.360 - Manner of development

Current through June 11, 2024
Development of a subdivision must be carried on in a manner
				  which will:
1. Minimize water
				pollution; and
2. Be in conformance
				with the applicable plans and specifications approved by the Division or local
				agency.
Bd. of Health,
				  Subdiv., Condo., & PUD Reg. § 34, eff. 9-15-82-NAC A by Environmental
				  Comm'n by R152-08, 12-17-2008
NRS
					 439.200,
					 445A.855,
					 445A.860
Nevada Administrative Code › Chapter 278 - Planning and Zoning › SUBDIVISION OF LAND › Review of Final Map or Plan for Improvements › Section 278.370 - Inspection by third persons

Current through June 11, 2024
1. If the Division
				has not authorized the county or city to conduct inspections of the
				construction of the system for water supply and sewerage in a subdivision, the
				developer must have the design engineer or a third person conduct those
				inspections.
2. The inspector
				shall, at intervals of construction specified by the Division or local agency,
				certify in writing that the improvements are being installed in accordance with
				the approved plans and recognized practices of the trade.
3. The developer must bear the cost of the
				inspections.
4. The developer may
				select a third-person inspector but the selection must be approved by the
				Division or local agency. A third-person inspector must be a disinterested
				person who is not an employee of the developer.
Bd. of Health,
				  Subdiv., Condo., & PUD Reg. § 35, eff. 9-15-82-NAC A by Environmental
				  Comm'n by R152-08, 12-17-2008
NRS
					 439.200,
					 445A.855,
					 445A.860
Nevada Administrative Code › Chapter 278 - Planning and Zoning › SUBDIVISION OF LAND › Water Supply; Sewerage › Section 278.390 - Analysis of water quality

Current through June 11, 2024
Analyses of water quality may be performed in the State
				  Public Health Laboratory, or any other laboratory certified by the Division,
				  upon the developer's submission , in sample containers that are appropriate for
				  such analyses, of an adequately identified sample consisting of the volume of
				  water necessary to conduct analyses of water quality.
Bd. of Health,
				  Subdiv., Condo., & PUD Reg. § 37, eff. 9-15-82; A by
				  R020-15,
				  eff. 10/27/2015
NRS
					 445A.855,
					 445A.860
Nevada Administrative Code › Chapter 278 - Planning and Zoning › SUBDIVISION OF LAND › Water Supply; Sewerage › Section 278.400 - Conditions of approval with respect to water quality; exceeding maximum contaminant level for arsenic

Current through June 11, 2024
1. If a public
				water system is to be used for the subdivision, the system must have:
(a) Necessary facilities to treat water to
				meet the standards provided in NAC 445A.450 to 445A.492, inclusive.
(b) The capacity to meet the demands upon the
				system.
Nevada Administrative Code › Chapter 278 - Planning and Zoning › SUBDIVISION OF LAND › Water Supply; Sewerage › Section 278.410 - Water quantity

Current through June 11, 2024
Except as otherwise required pursuant to NAC 445A.65505 to
				  445A.6731, inclusive, for any part of a subdivision served by a public water
				  system:
1. The minimum quantity of
				water which must be made available for domestic use per single-family dwelling
				in a subdivision is:
(a) Where the subdivision
				contains common areas, 1 gallon per minute at peak flow, with an average of
				1,000 gallons per day, or separate water systems must be provided for the
				common areas.
(b) Where the
				subdivision does not contain such areas, 200 gallons per person per day
				(average demand) under a metered system or 350 gallons per person per day under
				an unmetered system. The occupancy factor is 3.5 persons per hookup.
Nevada Administrative Code › Chapter 278 - Planning and Zoning › SUBDIVISION OF LAND › Water Supply; Sewerage › Section 278.420 - Acceptable methods of sewerage

Current through June 11, 2024
The Division, or a local agency when the written approval of
				  the Division is obtained, may approve any of the following methods for
				  disposing of sewage:
1. Connection to
				an existing system of community sewerage if the system:
(a) Will not be brought to overcapacity by
				the connection; and
(b) Will be
				expanded to provide for the additional demand.
Nevada Administrative Code › Chapter 278 - Planning and Zoning › SUBDIVISION OF LAND › Water Supply; Sewerage › Section 278.430 - Conditions for connection to existing system of community sewerage

Current through June 11, 2024
To obtain approval for connection to an existing system of
				  community sewerage, the developer must submit to the Division or local agency a
				  written statement from the local authority responsible for sewage disposal
				  stating that service from the existing system will be extended to the
				  subdivision and:
1. The community
				facility for treatment will not be caused to exceed its capacity and the
				discharge permit requirements by this added service; or
2. The facility will be expanded to provide
				for the added service.
Bd. of Health,
				  Subdiv., Condo., & PUD Reg. § 41, eff. 9-15-82-NAC A by Environmental
				  Comm'n by R152-08, 12-17-2008
NRS
					 439.200,
					 445A.855,
					 445A.860
Nevada Administrative Code › Chapter 278 - Planning and Zoning › SUBDIVISION OF LAND › Water Supply; Sewerage › Section 278.440 - Conditions for connection to new system of community sewerage

Current through June 11, 2024
To obtain the approval of the Division or a local agency for
				  connection to a new system of community sewerage, the developer must first
				  submit complete engineering plans and specifications to and have them approved
				  by the Division.
Bd. of Health,
				  Subdiv., Condo., & PUD Reg. § 42, eff. 9-15-82-NAC A by Environmental
				  Comm'n by R152-08, 12-17-2008
NRS
					 439.200,
					 445A.855,
					 445A.860
Nevada Administrative Code › Chapter 278 - Planning and Zoning › SUBDIVISION OF LAND › Water Supply; Sewerage › Section 278.450 - Percolation tests

Current through June 11, 2024
1. Before the
				Division or local agency may approve the use in a subdivision of a system for
				subsurface disposal of sewage or private systems for disposal of sewage, the
				developer must comply with the conditions set forth in this section.
2. Percolation tests of soil must be made at
				the rate of four tests per 10 acres or fraction thereof and one additional test
				for each additional 10 acres or fraction thereof. For example, 10 such tests
				are required for a 67-acre subdivision. In a subdivision covering an area of
				more than 1 square mile, at least 16 percolation tests per square mile are
				required for the initial submission of data. Complete results of these tests
				must be submitted to the Division and to the local agency for review.
3. In any subdivision where the
				characteristics of soil percolation are questionable, the developer may be
				required to make additional tests. The location of test holes must be shown on
				the plan.
4. If the percolation
				tests show that the times for seepage exceed 60 minutes per inch, the method of
				absorption by soil must not be used for disposal.
Bd. of Health,
				  Subdiv., Condo., & PUD Reg. part § 43, eff. 9-15-82-NAC A by
				  Environmental Comm'n by R152-08, 12-17-2008
NRS
					 439.200,
					 445A.855,
					 445A.860
Nevada Administrative Code › Chapter 278 - Planning and Zoning › SUBDIVISION OF LAND › Water Supply; Sewerage › Section 278.460 - System of disposal; system of absorption

Current through June 11, 2024
1. A developer
				must provide a detailed layout to show the system of disposal for the lot which
				presents the greatest difficulty in design if:
(a) The natural slope of the ground surface
				in the subdivision exceeds 5 percent; or
(b) Any drainage channels, ditches, ponds or
				watercourses, high water table and high bedrock or any easements which are in
				or near the subdivision are so located as to complicate the design and location
				of systems for subsurface disposal.
Nevada Administrative Code › Chapter 278 - Planning and Zoning › SUBDIVISION OF LAND › Water Supply; Sewerage › Section 278.470 - Soil conditions; groundwater; soil characteristics

Current through June 11, 2024
1. As a further condition of the approval of
				a subsurface system or private systems for sewage disposal, the developer must
				have all the following items prepared and submitted to the Division and the
				local agency:
(a) For a tentative map, a
				report containing a comprehensive log of the soil conditions existing
				throughout the area of the subdivision to a depth of at least 5 feet below the
				bottom of the proposed system for subsurface disposal. This report must be
				prepared by a professional engineer or other person who is qualified by
				training and experience to make such a report. For absorption by soil to be
				approved as a method of disposal, the soil cover throughout the area must be
				adequate to ensure that at least 4 feet of suitable soil lie between bedrock
				(or any other impervious formation) and the bottom of the trenches used to
				allow absorption in soil of the effluent from the septic tank.
(b) For a tentative map, a statement of the
				present and maximum elevation of groundwater throughout the area of the
				subdivision. This statement must be prepared by a professional engineer or
				other person who is qualified by training and experience to prepare such a
				statement. A subsurface system for disposal of sewage must not be approved if
				there is evidence that groundwater rises to within 5 feet of the bottom of the
				trenches.
(c) For a final map, a
				report presenting information in sufficient detail to demonstrate that the soil
				characteristics of all parcels of land within the subdivision will be suitable
				for a subsurface system for disposal of sewage. The report must be prepared by
				a professional engineer or other person authorized under state law to prepare
				such a report.
Nevada Administrative Code › Chapter 278 - Planning and Zoning › SUBDIVISION OF LAND › Water Supply; Sewerage › Section 278.480 - Disposal of sludge

Current through June 11, 2024
Before approval is given for a subdivision which is to be
				  served by septic tanks, the local government within whose jurisdiction the
				  subdivision is located must submit a written statement that a site for disposal
				  of sludge had been provided and will be maintained in a sanitary
				  manner.
Bd. of Health,
				  Subdiv., Condo., & PUD Reg. § 45, eff.
				  9-15-82
NRS
					 439.200
Nevada Administrative Code › Chapter 278 - Planning and Zoning › SUBDIVISION OF LAND › Miscellaneous Provisions › Section 278.490 - Fees for services of Division

Current through June 11, 2024
The following fees are prescribed for services performed by
				  the Division:
For reviewing a tentative
							 map................................................................
.... $400
Plus $3 for each building lot shown on the map.
For reviewing a final
							 map.......................................................................
...... 400
Plus $3 for each building lot shown on the final
							 map.
For a preliminary evaluation of a plant for water
							 treatment for a subdivision, an additional fee
							 of.................................................................................................
........ 50
For requesting and considering information which the
							 subdivider has failed to submit in accordance with NAC 278.260 to 278.370,
							 inclusive, each request................
...... 100
Bd. of Health,
				  Subdiv., Condo., & PUD Reg. § 36, eff. 9-15-82-NAC A 6-23-86; 7-22-87;
				  8-31-89; R191-03, 1-21-2004; A by Environmental Comm'n by R152-08,
				  12-17-2008
NRS
					 439.150,
					 439.200,
					 445A.855,
					 445A.860
Nevada Administrative Code › Chapter 278 - Planning and Zoning › SUBDIVISION OF LAND › Miscellaneous Provisions › Section 278.500 - Procedure for review of actions taken by Division

Current through June 11, 2024
1. Any
				developer who has reason to believe that an action taken by the Division
				pursuant to this chapter was incorrect or based on inadequate knowledge may,
				within 10 business days after receiving notice of the action, request an
				informal discussion with the employee responsible for the action and the
				immediate supervisor of the employee.
2. If the informal discussion does not lead
				to a resolution of the developer's problem, the developer may, within 10
				business days after the date scheduled for the informal discussion, submit a
				written request to the Division for an informal conference. The informal
				conference must be scheduled for a date, place and time mutually agreed upon by
				the developer and the Division, except that the informal conference must be
				held not later than 60 days after the date on which the Division received the
				written request.
3. The
				determination of the Division resulting from the informal conference cannot be
				appealed and is the final remedy available to the developer.
4. The Division may waive the informal
				procedures by giving written notice to the developer.
5. Local agencies shall adopt a parallel
				procedure for handling similar situations.
Bd. of Health,
				  Subdiv., Condo., & PUD Reg. § 46, eff. 9-15-82-NAC A 10-30-97; A by
				  Environmental Comm'n by R152-08, 12-17-2008
NRS
					 439.200,
					 445A.855,
					 445A.860
Nevada Administrative Code › Chapter 278 - Planning and Zoning › SUBDIVISION OF LAND › Miscellaneous Provisions › Section 278.510 - Proof of approval; order to cease and desist

Current through June 11, 2024
1. Before
				the developer begins construction of any improvements based on the final map or
				the plan for improvements, the developer must be able to show proof that :
(a) The map includes a certificate of
				approval issued by the Division or local agency pursuant to NRS
				NRS
				278.377 and NAC 278.310; or
(b) The plan for improvements includes a
				written notice of approval issued by the Division or local agency in accordance
				with subsection 2 of NAC 278.330
The proof must be available at the
				  jobsite.
Nevada Administrative Code › Chapter 278 - Planning and Zoning › SUBDIVISION OF LAND › Miscellaneous Provisions › Section 278.520 - Approval of construction

Current through June 11, 2024
Each certificate which the Division or local agency issues to
				  approve construction must include a declaration that:
1. The appropriate inspections were
				performed; and
2. The construction
				and installations at the subdivision meet the requirements of this
				chapter.
Bd. of Health,
				  Subdiv., Condo., & PUD Reg. § 48, eff. 9-15-82-NAC A by Environmental
				  Comm'n by R152-08, 12-17-2008
NRS
					 439.200,
					 445A.855,
					 445A.860
Nevada Administrative Code › Chapter 278 - Planning and Zoning › SUBDIVISION OF LAND › Miscellaneous Provisions › Section 278.530 - Appeals to State Environmental Commission

Current through June 11, 2024
1. Any person
				who requests a hearing before the State Environmental Commission concerning a
				final decision of the Division pursuant to NRS
				NRS
				278.377 may do so by filing a request, within
				10 days after notice of the action of the State Department of Conservation and
				Natural Resources, on Form 3* with the State Environmental Commission, Bryan
				State Office Building, 901 South Stewart Street, Suite 4001, Carson City,
				Nevada 89701-5249.
2. The
				provisions of NAC 445B.875 to 445B.899, inclusive, apply to a hearing of the
				State Environmental Commission requested pursuant to subsection 1.
*(See adopting agency for form.)
Added to NAC by
				  Environmental Comm'n, eff. 10-29-93; A by R152-08,
				  12-17-2008
NRS
					 278.377,
					 445A.855,
					 445A.860
Nevada Administrative Code › Chapter 278 - Planning and Zoning › PRACTICE BEFORE THE NEVADA TAHOE REGIONAL PLANNING AGENCY › Section 278.800 - Definitions

Current through June 11, 2024
As used in NAC 278.800 to 278.870, inclusive, unless the
				context otherwise requires, "Agency" means the Nevada Tahoe Regional Planning
				Agency.
Nev. Tahoe Reg. Planning
				Agency, Practice Rule 1.1, eff. 7-8-73
NRS
				  278.812
Nevada Administrative Code › Chapter 278 - Planning and Zoning › PRACTICE BEFORE THE NEVADA TAHOE REGIONAL PLANNING AGENCY › Section 278.810 - Construction; deviation

Current through June 11, 2024
1. The provisions
				  of NAC 278.800 to 278.870, inclusive, must be liberally construed to secure the
				  just, speedy and economical determination of all matters before the governing
				  body.
2. In special cases, and for
				  good cause, the governing body may permit a deviation from any provision of NAC
				  278.800 to 278.870, inclusive, if it finds that strict compliance would be
				  impracticable or unnecessary.
Nev. Tahoe Reg. Planning Agency,
				  Practice Rules 7.2 & 7.3, eff. 7-8-73
NRS
				  278.812
Nevada Administrative Code › Chapter 278 - Planning and Zoning › PRACTICE BEFORE THE NEVADA TAHOE REGIONAL PLANNING AGENCY › Section 278.820 - Meetings

Current through June 11, 2024
1. The Agency will hold its meetings in the
				  agency office, or at such other place as the governing body may select from
				  time to time.
2.
Mason's
				  Manual of Legislative Procedure
will be used to conduct the meetings
				  in all cases in which the rules apply and where they are not inconsistent with
				  NAC 278.800 to 278.870, inclusive.
Nev. Tahoe Reg. Planning Agency,
				  Practice Rules 2.3 & 2.5, eff. 7-8-73
NRS
				  278.802,
				  278.804,
				  278.812
Nevada Administrative Code › Chapter 278 - Planning and Zoning › PRACTICE BEFORE THE NEVADA TAHOE REGIONAL PLANNING AGENCY › Section 278.830 - Adoption of ordinances

Current through June 11, 2024
1. The introduction
				  and consideration of a proposed ordinance must be an item on the agenda for the
				  meeting at which the ordinance is to be introduced and considered. Final action
				  on a proposed ordinance may be taken immediately after consideration by the
				  governing body at the meeting at which the proposed ordinance was introduced
				  and considered or it may be introduced and given a first reading and final
				  action may be delayed to a later meeting. If action on the ordinance is
				  delayed, further consideration and final action on the proposed ordinance must
				  be on the agenda for a later meeting.
2. The enacting clause of ordinances must be
				  as follows: "The governing body of the Nevada Tahoe Regional Planning Agency
				  does ordain as follows:".
3. An
				  ordinance is effective immediately upon its adoption unless a later effective
				  date is given in the ordinance.
4.
				  Every ordinance adopted by the governing body must have endorsed thereon the
				  votes cast for and against its adoption and must be signed by the chair or vice
				  chair.
Nev. Tahoe Reg. Planning Agency,
				  Practice Rules 3.2-3.5, eff. 7-8-73
NRS
				  278.804,
				  278.812
Nevada Administrative Code › Chapter 278 - Planning and Zoning › PRACTICE BEFORE THE NEVADA TAHOE REGIONAL PLANNING AGENCY › Section 278.840 - Petition for adoption, amendment, repeal of regulation

Current through June 11, 2024
1. Any interested person may petition the
				  governing body for the adoption, filing, amendment or repeal of any regulation.
				  The petition must be accompanied by relevant data, views and
				  arguments.
2. The petition need not
				  be in a particular form but must be in writing and include a statement of the
				  applicant's interest, the nature of the request, the reasons therefor and such
				  other matters as the applicant believes may be helpful to the governing body in
				  determining the proper action to take in the matter. All petitions must be
				  signed by or on behalf of the applicant and be mailed or delivered to the
				  office of the Agency for filing with the Secretary or other person in charge of
				  the office.
3. Upon submission of
				  such a petition, the governing body will within 30 calendar days either deny
				  the petition in writing, stating its reasons, or initiate the action requested
				  for the adoption, amendment or repeal of the regulation.
Nev. Tahoe Reg. Planning Agency,
				  Practice Rule 4.8, eff. 7-8-73
NRS
				  278.804,
				  278.812
Nevada Administrative Code › Chapter 278 - Planning and Zoning › PRACTICE BEFORE THE NEVADA TAHOE REGIONAL PLANNING AGENCY › Section 278.850 - Adoption of regulations by resolution

Current through June 11, 2024
All proposed regulations will be adopted by
				  resolution of the governing body.
Nev. Tahoe Reg. Planning Agency,
				  Practice Rules 4.2-4.6, eff. 7-8-73
NRS
				  278.804,
				  278.812
Nevada Administrative Code › Chapter 278 - Planning and Zoning › PRACTICE BEFORE THE NEVADA TAHOE REGIONAL PLANNING AGENCY › Section 278.860 - Advisory Planning Commission

Current through June 11, 2024
1. Matters which
				  have been submitted to the Agency for approval may first be submitted to the
				  Advisory Planning Commission for review and recommendation, unless the
				  governing body determines that a particular matter is of such a nature or
				  urgency that the public interest requires it to act without delay and without
				  review and recommendation by the Commission.
2. The Commission shall consider each matter
				  submitted with regard to the environmental impact and effect of each such
				  proposal including the availability of services, public facilities and
				  resources and the capacity of the environment to tolerate additional
				  development. Based upon such considerations, the Commission shall submit a
				  report and recommendation of the matters considered by it to the governing
				  body.
3. The governing body may
				  consider the report and recommendations of the Commission but need not be bound
				  thereby. The governing body may hear additional testimony and argument
				  concerning any matter or proposal submitted before acting thereon.
4. The Commission shall meet at such times
				  and upon such notice as directed and determined by the governing
				  body.
5. Members of the governing
				  body may attend and participate in meetings of the Commission but such members
				  may not be counted in determining whether a quorum is present and such members
				  may not vote.
Nev. Tahoe Reg. Planning Agency,
				  Practice Rules 5.2-5.6, eff. 7-8-73
NRS
				  278.804,
				  278.812
Nevada Administrative Code › Chapter 278 - Planning and Zoning › PRACTICE BEFORE THE NEVADA TAHOE REGIONAL PLANNING AGENCY › Section 278.870 - Applications

Current through June 11, 2024
The
				  applicant shall furnish the Agency with supporting records, papers and other
				  data supporting the application which are sufficient for the governing body to
				  determine environmental impact and to approve, approve with conditions or
				  disapprove the application under consideration. In determining the
				  environmental impact and effect of a proposed business or recreational
				  establishment, the governing body may consider, but is not limited to the
				  availability of services, public facilities and natural resources and the
				  capacity of the environment to tolerate the proposed additional development. If
				  the governing body determines that the information submitted is insufficient,
				  it may request that the applicant furnish the required additional information
				  and if the applicant does not do so, or if all information furnished is
				  inadequate, the application may not be approved.
Nev. Tahoe Reg. Planning Agency,
				  Practice Rule 6.2, eff. 7-8-73
NRS
				  278.804,
				  278.812
Nevada Administrative Code › Chapter 281 - Public Officers and Employees › WITHHOLDING FROM STATE PAYROLL › Section 281.250 - Authority and duties of State Controller; reports by certain organizations; resolution of disputes

Current through June 11, 2024
1. In addition to any other withholdings provided by law, the State Controller may withhold money from the salary or wages of an officer or employee of the Executive Department whose payroll is processed by the State Controller for payment to:
(a) Any charitable organization approved by the State Controller.
(b) Employee credit unions.
(c) Except as otherwise provided in subsection 2, insurers.
(d) The United States for the purchase of savings bonds or similar obligations of the United States.
(e) An employee organization or labor organization whose primary mission is the advancement and support of its members within the employment positions and professions of the members, if:
(1) At least 15 percent of the officers or employees of the State request withholdings from their wages or salaries for payment to the organization;
(2) At least 51 percent of the officers or employees of the State who are eligible to be members of a homogeneous unit request withholdings from their wages or salaries for payment to the organization; or
(3) At least 100 of the officers or employees of the State who are eligible to be members of a homogeneous unit request withholdings from their wages or salaries for payment to the organization.
Nevada Administrative Code › Chapter 281 - Public Officers and Employees › WITHHOLDING FROM STATE PAYROLL › Section 281.260 - Requests for and cancellation of withholding

Current through June 11, 2024
An officer or employee of the Executive Department may:
1. Request in writing on a form approved by the State Controller that money be withheld from his or her salary or wages.
2. Except as otherwise provided in subsection 3, cancel a withholding by giving written notice to the State Controller and the appropriate organization. The cancellation is effective on a date determined by the State Controller, but not later than 30 days after the day the State Controller receives the notice.
3. Cancel a withholding for an employee organization or labor organization that receives money pursuant to paragraph (e) of subsection 1 of NAC 281.250 by giving written notice:
(a) In the manner set forth in subsection 2, if the officer or employee is transferred to another position in which membership in the employee organization or labor organization is no longer available; or
(b) To the State Controller and the appropriate organization during the annual period for cancellation. The annual period for cancellation is the 2 weeks preceding each anniversary date of the commencement of the membership of the officer or employee in the organization. The cancellation is effective on a date determined by the State Controller, but not later than 30 days after the day the State Controller receives the notice.
Nevada Administrative Code › Chapter 281 - Public Officers and Employees › WITHHOLDING FROM STATE PAYROLL › Section 281.270 - Payment of costs of administration

Current through June 11, 2024
Each employee organization or labor organization that receives money pursuant to the provisions of paragraph (e) of subsection 1 of NAC 281.250 shall pay the cost of administering the withholdings to the State Controller. The cost will be determined by the State Controller by taking into consideration any initial programming expense and any biweekly expense incurred as a result of processing, adding, deleting or changing a withholding.
Added to NAC by St. Controller, eff. 1-2-90
NRS 281.129
Nevada Administrative Code › Chapter 281 - Public Officers and Employees › WITHHOLDING FROM STATE PAYROLL › Section 281.280 - Entry into agreements for immunity from civil liability

Current through June 11, 2024
Before receiving any money pursuant to the provisions of NAC 281.250, an organization must enter into a written agreement with the State Controller which provides that the State of Nevada, the State Controller and his or her officers, employees and agents, and the Division of Human Resource Management of the Department of Administration and its officers, employees and agents are immune from civil liability for damages sustained as a result of any act or omission taken to administer the provisions of NAC 281.250 to 281.290, inclusive.
Added to NAC by St. Controller, eff. 1-2-90
NRS 281.129
Nevada Administrative Code › Chapter 281 - Public Officers and Employees › WITHHOLDING FROM STATE PAYROLL › Section 281.290 - Provisions inapplicable to withholding for deferred compensation

Current through June 11, 2024
NAC 281.250, 281.260 and 281.270 do not apply to an amount withheld from the salary or wages of an officer or employee of the Executive Department for deferred compensation pursuant to the provisions of NRS 287.250 to 287.370, inclusive.
Added to NAC by St. Controller, eff. 1-2-90
NRS 281.129
Nevada Administrative Code › Chapter 281 - Public Officers and Employees › DISCLOSURE OF IMPROPER GOVERNMENTAL ACTION › Section 281.305 - Written appeal by officer or employee who claims retaliatory action was taken against him or her

Current through June 11, 2024
1. A state officer or employee who claims a reprisal or retaliatory action was taken against him or her for disclosing information concerning improper governmental action may file a written appeal pursuant to NRS 281.641 with a hearing officer of the Personnel Commission. The appeal must be:
(a) Filed within 10 workdays after the date the alleged reprisal or retaliatory action took place.
(b) Submitted on a form provided by the Division of Human Resource Management of the Department of Administration.
Nevada Administrative Code › Chapter 281 - Public Officers and Employees › DISCLOSURE OF IMPROPER GOVERNMENTAL ACTION › Section 281.315 - Procedures for conduct of hearing on written appeal

Current through June 11, 2024
1. The provisions of this section and NAC 284.774 to 284.806, inclusive, and 284.818 govern the procedure for conducting a hearing for a written appeal filed pursuant to NRS 281.641.
2. A party may appear in person and may be represented by an attorney or another person of his or her choice, if the party chooses not to represent himself or herself.
3. All testimony must be under oath administered by the hearing officer.
4. The appeal must be heard in the following manner:
(a) The opening statement for the state officer or employee.
(b) The opening statement for the employer, unless reserved.
(c) Presentation of the state officer's or employee's case, followed by cross-examination. The state officer or employee must establish that:
(1) He or she was a state officer or employee on the date of the alleged reprisal or retaliatory action;
(2) He or she disclosed information concerning improper governmental action; and
(3) The alleged reprisal or retaliatory action was taken against the state officer or employee within 2 years after the date he or she disclosed the information concerning improper governmental action.
(d) If the state officer or employee establishes the facts set forth in paragraph (c), presentation of the employer's case, followed by cross-examination, to establish that the employer did not engage in the alleged reprisal or retaliatory action or that the action was taken for a legitimate business purpose and was not the result of the disclosure of information concerning improper governmental action by the state officer or employee.
(e) If the employer establishes a legitimate business purpose for the alleged reprisal or retaliatory action, the state officer or employee may introduce evidence, followed by cross-examination, to demonstrate that the stated business purpose is a pretext for the reprisal or retaliatory action.
(f) The parties may respectively offer rebutting testimony only, unless the hearing officer permits additional evidence upon the original cause.
(g) The argument for the state officer or employee.
(h) The argument for the employer.
(i) The closing argument for the state officer or employee.
(j) Submission of the appeal for a decision.
Nevada Administrative Code › Chapter 281A - Ethics in Government › GENERAL PROVISIONS › Section 281A.010 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires,
				the words and terms defined in NAC
				281A.020 to
				281A.105, inclusive, and
				sections 2 to 11, inclusive of this regulation have the meanings ascribed to
				them in those sections.
Added to NAC by Comm'n
				on Ethics by R038-98, eff. 4-17-98; A by R102-00, 8-28-2000; R111-03,
				10-30-2003; R186-05, 5-4-2006; R134-10, 10-26-2011-Substituted in revision for
				NAC 281.005; A by
				R108-18A,
				eff. 8/21/2018; A by
				R108-18AP,
				eff. 8/30/2018
NRS 281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › GENERAL PROVISIONS › Section 281A.012 - "Adjudicatory hearing" defined

Current through June 11, 2024
"Adjudicatory hearing" has the meaning ascribed to it in NRS
				281A.032.
Added to NAC
				by Comm'n on Ethics by
				R108-18AP,
				eff. 8/30/2018
NRS 281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › GENERAL PROVISIONS › Section 281A.013 - "Advisory opinion" defined

Current through June 11, 2024
"Advisory opinion" has the meaning ascribed to it in NRS
				281A.033.
Added to NAC
				by Comm'n on Ethics by
				R108-18AP,
				eff. 8/30/2018
NRS 281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › GENERAL PROVISIONS › Section 281A.014 - "Advisory-opinion hearing" defined

Current through June 11, 2024
1.
			 "Advisory-opinion hearing" means a hearing that the Commission may hold to
			 receive evidence concerning a request for an advisory opinion.
2. The term does not include a hearing held
			 on a motion relating to a request for an advisory opinion.
(Added to NAC by Comm'n
				on Ethics by R038-98, eff. 4-17-98; A by R102-00, 8-28-2000; R111-03,
				10-30-2003; R186-05, 5-4-2006; R134-10, 10-26-2011; R108-18, 8-30-2018) -
				(Substituted in revision for NAC
				281A.035)
NRS
				  281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › GENERAL PROVISIONS › Section 281A.020 - "Chair" defined

Current through June 11, 2024
"Chair" means the Chair of the Commission.
Added to NAC by Comm'n
				on Ethics by R038-98, eff. 4-17-98-Substituted in revision for NAC
				281.011
NRS
				  281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › GENERAL PROVISIONS › Section 281A.025 - "Commission Counsel" defined

Current through June 11, 2024
"Commission Counsel" means the legal counsel to the Commission
				appointed by the Commission pursuant to
				NRS
				281A.250.
Added to NAC by Comm'n
				on Ethics by R102-00, eff. 8-28-2000-Substituted in revision for NAC
				281.0151
NRS
				  281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › GENERAL PROVISIONS › Section 281A.027 - "Corrective action" defined

Current through June 11, 2024
"Corrective action" means any action that:
1. The Commission determines is sufficient to
			 mitigate or otherwise correct an action taken by a public officer or employee
			 or former public officer or employee in violation of chapter 281A of NRS or the
			 inaction of a public officer or employee or former public officer or employee
			 where the provisions of chapter 281A of NRS required the public officer or
			 employee or former public officer or employee to act; or
2. A review panel approves as a term or
			 condition of a deferral agreement.
Added to NAC
				by Comm'n on Ethics by
				R108-18AP,
				eff. 8/30/2018
NRS 281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › GENERAL PROVISIONS › Section 281A.028 - "Credible evidence" defined

Current through June 11, 2024
"Credible evidence" means the minimal level of any reliable and
				competent form of proof, including, without limitation, statements of
				witnesses, public or private records, audio or visual recordings, documents,
				exhibits, concrete objects or another form of proof, that supports a reasonable
				belief by a review panel that there is just and sufficient cause for the review
				panel to refer an ethics complaint to the Commission for further proceedings or
				for the review panel to approve a deferral agreement.
Added to NAC
				by Comm'n on Ethics by
				R108-18AP,
				eff. 8/30/2018
NRS 281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › GENERAL PROVISIONS › Section 281A.029 - "Deferral agreement" defined

Current through June 11, 2024
"Deferral agreement" has the meaning ascribed to it in NRS
				281A.082.
Added to NAC
				by Comm'n on Ethics by
				R108-18AP,
				eff. 8/30/2018
NRS 281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › GENERAL PROVISIONS › Section 281A.031 - "Ethics complaint" defined

Current through June 11, 2024
"Ethics complaint" has the meaning ascribed to it in
				NRS
				281A.088.
(Added to NAC by Comm'n
				on Ethics by R134-10, eff. 10-26-2011; A by R108-18, 8-30-2018) - (Substituted
				in revision for NAC
				281A.103)
NRS
				  281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › GENERAL PROVISIONS › Section 281A.033 - "Executive Director" defined

Current through June 11, 2024
"Executive Director" means the Executive Director appointed by
				the Commission pursuant to
				NRS
				281A.230.
Added to NAC by Comm'n
				on Ethics by R084-08, eff. 9-18-2008
NRS
				  281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › GENERAL PROVISIONS › Section 281A.034 - "First-party request for an opinion" defined

Current through June 11, 2024
"Request for an advisory opinion" has the meaning ascribed to
				it in NRS 281A.161.
Added to NAC by Comm'n
				on Ethics by R134-10, eff. 10-26-2011; A by
				R108-18A,
				eff. 8/21/2018; A by
				R108-18AP,
				eff. 8/30/2018
NRS 281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › GENERAL PROVISIONS › Section 281A.035 - "Hearing" defined

Current through June 11, 2024
1.
			 "Advisory-opinion hearing" means a hearing that the Commission may hold to
			 receive evidence concerning a request for an advisory opinion.
2. The term does not include a hearing held
			 on a motion relating to a request for an advisory opinion.
Added to NAC by Comm'n
				on Ethics by R038-98, eff. 4-17-98; A by R102-00, 8-28-2000; R111-03,
				10-30-2003; R186-05, 5-4-2006; R134-10, 10-26-2011-Substituted in revision for
				NAC 281.016; A by
				R108-18A,
				eff. 8/21/2018; A by
				R108-18AP,
				eff. 8/30/2018
NRS 281A.290