AB 277 — Revises provisions governing land use planning. (BDR 22-954)

595) In 2013, the Nevada Supreme Court ruled that the 2003 Red Rock Canyon Act violatesgrounds Sections 20, 21 and 25 of Article 4 of the Nevada Constitution on the (2) establishes a “system of county government” that isit: not “uniform throughouts”;

and(1) theis State.”a (Attorney“local Generalor v.special law” that “regulates county business”;

and (2) establishes a “system of county government” that is not “uniform throughout the State.” (Attorney General v.

4, 294 P.3d 404 (2013)) To conform existing statutory provisions with the constitutional requirements established by the Nevada Supreme Court in Gypsum Resources and to resolve any statutory conflicts with this bill, section 5 of this bill repeals:

269.617,and 278.0239)(2) Inrelated addition, section 5 also repeals certain provisions of the,the Spring Mountains National Recreation Area Act, chapter 198, Statutes of Nevada 2009,Revised p.Statutes.

734,(NRS which244.154, are268.105, similar269.617, to278.0239) theIn addition, section 5 also repeals certain provisions of the 2003Spring RedMountains RockNational CanyonRecreation ActArea Act, chapter 198, Statutes of Nevada that the Court in Gypsum Resources held unconstitutional.unconstitutional.2003 Red Rock Canyon Act EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

(b) The natural resources found within national conservation areas in Nevada also contribute to the public’s health, well-being and welfare and stimulate this State’s economy because those - *AB277_R2* – 5 – natural resources offer unparalleled recreational opportunities in peaceful and idyllic settings which are enjoyed by the residents of this State and which draw many tourists, sightseers and recreational users from other states and countries to Nevada;

and (c) Because of the importance of the natural resources found within national conservation areas in Nevada, there is a legitimate and compelling need to enact uniform statewide standards to regulate development on lands within or surrounding national conservation areas in Nevada to ensure that development on such lands proceeds at the local level in an orderly and responsible manner without detrimentally and irreversibly impacting the - 79th Session (2017) – 5 – natural resources found within national conservation areas in Nevada.

The Legislature hereby declares that it is in the best interests of this State, beneficial to the public’s health, well-being and welfare and necessary and essential for protecting and preserving this State’s natural resources and for securing, promoting and obtaining the benefits of those natural resources for present and future generations to:

“Development agreement” means any agreement for the development of lands authorized pursuant to NRS2.78The term does not include any development agreement that was approved and recorded pursuant to NRS 278.0201 to 278.0207, inclusive.inclusive, before the effective date of this act.

2.

The term does not include any development agreement that was approved and recorded pursuant to NRS 278.0201 to 278.0207, inclusive, before the effective date of this act.

“Environmental impact statement” means a detailed report which a developer prepares and submits pursuant - *AB277_R2* – 6 – to sections 1.1 to 1.8, inclusive, of this act for the purposes of providing both the local government and the public with detailed information concerning the environmental impacts that a proposed project will have on natural resources overlay lands.

or (b) Any public officer, as defined in NRS 281.005, or commission, board or other body of the local government that is - 79th Session (2017) – 6 – taking such final action, decision or order in lieu of any final action, decision or order taken by the governing body.

(a) Establishing new zoning districts;

(c)smaller Anyparcels parcelor oflots;d land that is subdivided or developed into smaller(d) parcelsAny parcel of land that is developed for any residential or lots;nonresidential use;

(d) Any parcel of land that is developed for any residential or nonresidential use;

The term does not include any parcel of land subject to or any other land developed pursuant to any development agreement - *AB277_R2* – 7 – that was approved and recorded pursuant to NRS 278.0201 to 278.0207, inclusive, before the effective date of this act.

and - 79th Session (2017) – 7 – (b) The remaining portion of the parcel is not subject to sections 1.1 to 1.8, inclusive, of this act, unless a proposed project on the remaining portion includes any part of the portion of the parcel within natural resources overlay lands.

Sec.improve or build on natural resources overlay lands that requires final action by a local government.

1.5.

1.

“Project” means any project to develop, improve or build on natural resources overlay lands that requires final action by a local government.

and (b) Must not be interpreted to preempt or otherwise limit a local government from imposing, with regard to those lands, standards relating to planning, subdivision regulation and zoning that are stricter or more protective of natural resources overlay lands than the standards set forth in sections 1.1 to 1.8, inclusive, of this act.

For the purposes of carrying out the provisions of sections 1.1 to 1.8, inclusive, of this act, a local government may enact ordinances and adopt policies and procedures that implement and facilitate those provisions and are consistent therewith, including, without limitation, requiring developers to - *AB277_R2* – 8 – pay for the costs of the local government to review and analyze an environmental impact statement.

- 79th Session (2017) – 8 – (a) The developer prepares and submits an environmental impact statement that complies with section 1.7 of this act;

(b) The local government posts the environmental impact statement on its Internet website at least 15 calendar days before the public hearing at which the local government may take final action;

andandhearing at which the local government may take final (c) The local government applies and weighs the factors set forth in section 1.75 of this act.

(b) All significant adverse environmental impacts of the proposed project which cannot be avoided if the proposed project is completed or which would have irreversible consequences if the project is completed;

- *AB277_R2* – 9 – (a) Significant beneficial environmental impacts may include, without limitation:

- 79th Session (2017) – 9 – (2) The establishment or maintenance of public parks, trailheads, trails or other public recreational facilities;

(3) The development or use of land for recreational, educational or charitable purposes by a nonprofit organization that§ qualifies501(c) asor astate tax-exemptlaw; organization pursuant to 26 U.S.C.

§orxempt 501(c)organization orpursuant stateto law;26 U.S.C.

or (4) The protection or preservation of natural terrain, native vegetation, wildlife habitat, watershed areas, scenic views or geological formations.

Before a local government takes any final action regarding a proposed project on natural resources overlay lands, the local government shall apply and weigh the followingfollowingy factors:

- *AB277_R2* – 10 – (d) Whether the proposed project will restrict or impair open space or public access to open space.

- 79th Session (2017) – 10 – (e) Whether the proposed project will protect or preserve or destroy or impair natural terrain, native vegetation, wildlife habitat, watershed areas, scenic views or geological formations.

(a) Establish, as a minimum threshold, the factors that a local government must apply and weigh before the local governmentgovernmenta local takes any final action regarding a proposed project on natural resources overlay lands;

and (b) Any person aggrieved by the final action may appeal the final action to the district court of the proper county by filing a petition for judicial review against the local government within 25 days after the date of filing of notice of the final action with the clerkas orset secretaryforth ofin theNRS governing278.0235.erning body of the local government as3. set forth in NRS 278.0235.

3.

- *AB277_R2*79th Session (2017) – 11 – (b) If the person prevails on any claim for relief against the local government, the court shall award reasonable attorney’s fees and court costs to the person regarding the prevailing claim, but the developer whose proposed project is the subject of the judicial review may not be awarded attorney’s fees or court costs, regardless of the outcome of the judicial review, unless the court imposes them as a penalty against another party for ethically or procedurally improper conduct that is independently sanctionable under court rules or laws other than this section.

(a) Establish, as a minimum threshold, uniform statewide sta(b) Must not be interpreted to preempt or otherwise limit a local government from imposing, with regard to those lands, standards relating to planning, subdivision regulation and zoning that are stricter or more protective of natural resources overlay lands;lands than the standards set forth in sections 1.1 to 1.8, inclusive, of this act.

and (b) Must not be interpreted to preempt or otherwise limit a local government from imposing, with regard to those lands, standards relating to planning, subdivision regulation and zoning that are stricter or more protective of natural resources overlay lands than the standards set forth in sections 1.1 to 1.8, inclusive, of this act.

and - 79th Session (2017) – 12 – (b) A local government shall strictly comply with the provisions of sections 1.1 to 1.8, inclusive, of this act.

- *AB277_R2* – 12 – 2.

If there is a conflict between any other provisions of this chapter and the provisions of sections 1.1 to 1.8, inclusive, of this act, the provisions of sections 1.1 to 1.8, inclusive, of this act control.

provisions of sections 1.1 to 1.8, inclusive, of this act 3.

If there is a conflict between any other provisions of this chapter and the provisions of sections 1.1 to 1.8, inclusive, of this act, the provisions of sections 1.1 to 1.8, inclusive, of this act control.con3.ol.The provisions of sections 1.1 to 1.8, inclusive, of this act:

3.

The provisions of sections 1.1 to 1.8, inclusive, of this act:

If, before the effective date of this act, a local government took final action that approved any project to develop lands located within natural resources overlay lands, including, without limitation, any project under a development agreement approved and recorded pursuant to NRS 278.0201 to 278.0207, - 79th Session (2017) – 13 – inclusive, and the local government’s final action of approval remained in effect and was enforceable on the effective date of this act, the provisions of this act do not apply to such a project or agreement.

- *AB277_R2* – 13 – 2.

The provisions of this act do not apply to any lands located within natural resources overlay lands that, on the effective date of this act, are owned wholly and exclusively by one or more nonprofit organizations that qualify as tax-exempt organizations pursuant to 26 U.S.C.

§ 501(c)(3) or substantially similar provisions of state law, unless on or after the effective date of this act, any interests in the lands are sold, transferred, conveyed or otherwise alienated to any person who is not such a nonprofit organization and is subject to the provisions of this act.

As used in this section, the words and terms defined in tosections them1.1 into those1.5, sections.sive,inclusive, of this act have the meanings ascribed Sec.to them in those sections.

Sec.

LEADLINES~~~~~ OF17 REPEALED- SECTIONS79th OFSession NRS(2017) AND TEXT OF REPEALED SECTIONS OF STATUTES OF NEVADA 244.154 Planning, subdivision regulation and zoning:

County’s powers subordinate to limits upon development established in certain geographical regions by certain state acts.

268.105 City’s powers subordinate in region for which Spring Mountains National Recreation Area Act and Red Rock limits upon development.

and Adjacent Lands Act establish 269.617 Powers relating to planning, subdivision regulation and zoning subordinate in region for which Spring Mountains National Recreation Area and Red Rock Canyon Conservation Area and Adjacent Lands Act establish limits upon development.

278.0239 Supremacy of limits upon development established by certain special legislative acts.

- *AB277_R2* – 14 – Section 1 of chapter 639, Statutes of Nevada 1993:

Section 1.

The legislature finds and declares that this special act which regulates activity in the Red Rock Canyon national conservation area is necessary because of:

1.

The unusual beauty of the Red Rock Canyon national conservation area;

and 2.

The rapidly increasing population and growth in the region around the Red Rock Canyon national conservation area.

Section 2 of chapter 639, Statutes of Nevada 1993:

Sec.

2.

As used in sections 1 to 4, inclusive, of this act, “Red Rock Canyon national conservation area” means the area in and around Red Rock Canyon which has been pursuant to Title 16 of the United States Code.ongress Section 3 of chapter 639, Statutes of Nevada 1993:

Sec.

3.

1.

Except as otherwise provided in subsection 2, the governing body of a city or county whose territory includes all or any part of the Red Rock Canyon national conservation area shall in regulating the use of land prohibit the use of any part of the national conservation area for any purpose other than recreation, and shall prohibit excavation, the extraction of any substance, and the erection of any structure within the national conservation area.

2.

Within the boundaries of a patented or unpatented mining claim the governing body may permit excavation, the only to the extent permitted by a federally approved plan of operations or exempted by federal law or regulation from having an approved plan of operations.

Section 4 of chapter 639, Statutes of Nevada 1993:

Sec.

4.

In the absence or pending the adoption and effectiveness of an ordinance complying with section 3 of this act, excavation, the extraction of any substance, and the erection of any structure are prohibited within the Red Rock Canyon national conservation area unless a permit is first obtained from the division of environmental protection of the state department of conservation and natural resources.

The division shall not issue such a permit if the proposed activity - *AB277_R2* – 15 – would be detrimental to the environment outside the Red Rock Canyon national conservation area or would preclude the designation of the national conservation area as wilderness.

Section 6 of chapter 105, Statutes of Nevada 2003:

Sec.

6.

Chapter 639, Statutes of Nevada 1993, at page 2673, is hereby amended by adding thereto a new section to be designated as section 0.5, immediately preceding section 1, to read as follows:

This act shall be known as the Red Rock Canyon Conservation Area and Adjacent Lands Act.

Section 7 of chapter 105, Statutes of Nevada 2003:

2673, is hereby amended by adding thereto new sections to be designated as sections 1.3 and 1.7, immediately following section 1, to read as follows:

Sec.

1.3.

As used in this act, unless the context otherwise requires, the words and terms defined in sections 1.7 and 2 of this act have the meanings ascribed to them in those sections.

Sec.

1.7.

“Adjacent lands” means the following tracts of land:

1.

All of sections 34, 35 and 36, Township 20 South, Range 58 East, MDM;

2.

All of sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 22, 23, 24, 25, 26, 27, 34, 35 and 36, Township 21 South, Ran3.

5All of sections 1, 2, 3, 10, 11, 12, 13, 14 and 15, Township 22 South, Range 58 East, MDM;

4.

All of sections 31 and 32, Township 20 South, Range 59 East, MDM, with the exception of any lands that are located within the corporate limits of the City of Las Vegas on the effective date of this act;

5.

All of sections 3 and 4, Township 21 South, Range 59 East, MDM, with the exception of any lands that are located within the corporate limits of the City of Las Vegas on the effective date of this act;

6.

All of sections 5, 6, 7, 8, 9, 10 and 11, Township South, Range 59 East, MDM, with the exception of any lands that are located within the Summerlin South unincorporated area on the effective date of this act;

- *AB277_R2* – 16 – 7.

All of sections 15, 16, 17, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33 and 34, Township 21 South, Range East, MDM;

and 8.

All of sections 3, 4, 5, 6, 7, 8, 9, 10, 17 and 18, Township 22 South, Range 59 East, MDM.

Section 8 of chapter 105, Statutes of Nevada 2003:

Sec.

8.

Chapter 639, Statutes of Nevada 1993, at page 2673, is hereby amended by adding thereto new sections to be designated as sections 4.3 and 4.7, immediately following section 4, to read as follows:

Sec.

4.3.

With respect to adjacent lands, a local government:

1.

Shall not, in regulating the use of those lands:

allowed by zoning regulations in existence on theg units effective date of this act, unless such an increase can be accomplished, within a given area, by the trading of development credits or another mechanism that allows a greater number of residential dwelling units to be constructed in that area without increasing the overall density of residential dwelling units in that area;

(b) Establish any new nonresidential zoning districts, other than for public facilities;

or (c) Expand the size of any nonresidential zoning district in existence on the effective date of this act, other than for public facilities.

2.

Shall, at its discretion:

landscaping, buffering, screening, signage and lighting;

and (b) Retain all other authority regarding planning, zoning and regulation of uses of land.

Sec.

4.7.

The prohibitions set forth in section 4.3 of this act with respect to adjacent lands do not restrict or limit:

1.

Any existing or future development or other rights held by any owner of real property that is not part of those adjacent lands, including, without limitation, all rights, consents and agreements established, enacted, granted or entered into by a governing body, whether reflected in codes, ordinances, permits, agreements or other documents;

that is not part of those adjacent lands;

or property - *AB277_R2* – 17 – 3.

The authority of any governing body to regulate real property that is not part of those adjacent lands.

Section 9 of chapter 105, Statutes of Nevada 2003:

Sec.

9.

Section 1 of chapter 639, Statutes of Nevada 1993, at page 2673, is hereby amended to read as follows:

Section 1.

The legislature hereby finds and declares that [this]:

1.

This special act which regulates activity in the Red Rock Canyon National Conservation Area and on adjacent lands is necessary because of:

[1.] (a) The unusual beauty of the Red Rock Canyon National Conservation Area;

[and 2.] (b) The rapidly increasing population and growth Conservation Area [.] ;

andd Rock Canyon National (c) The need to harmonize:

(1) The retention of the scenic beauty, small-town values, historic character, sense of community and recreational opportunities for visitors and residents of the Red Rock Canyon National Conservation Area and adjacent lands;

and (2) Residential and commercial development within the Red Rock Canyon National Conservation Area and adjacent lands.

2.

The Legislature supports acquisition by the Federal Government of vacant private lands that are:

(a) Located within and adjacent to the Red Rock Cany(b) Located outside of the boundary described in the Clark County Conservation of Public Lands and Natural Resources Act of 2002, Public Law 107-282, November 6, 2002;

and (c) Essential to the character and value of the Red Rock Canyon National Conservation Area.

Section 10 of chapter 105, Statutes of Nevada 2003:

Sec.

10.

Section 2 of chapter 639, Statutes of Nevada 1993, at page 2673, is hereby amended to read as follows:

Sec.

2.

[As used in section 1 to 4, inclusive, of this act,] “Red Rock Canyon National Conservation Area” means the area in and around Red Rock Canyon which has been designated as a national conservation area by Congress pursuant to Title 16 of the United States Code.

- *AB277_R2* – 18 – Section 8 of chapter 198, Statutes of Nevada 2009:

Sec.

8.

With respect to the Spring Mountains National Recreation Area, a local government:

1.

Shall not, in regulating the use of those lands:

allowed by zoning regulations in existence on the effective date of this act;

(b) Establish any new nonresidential zoning districts, other than for public facilities;

or (c) Expand the size of any nonresidential zoning district in existence on the effective date of this act, other than for public facilities.

landscaping, buffering, screening, signage and lighting.on, 3.

Retains all other authority regarding planning, zoning and regulation of uses of land.

H - *AB277_R2*