AB 211 — Revises provisions relating to land use planning. (BDR 22-795)

(ReprintedAssembly withBill amendmentsNo. adopted on April 19, 2021) FIRST REPRINT A.B.

211211–Assemblywoman AJauregui SSEMBLYCHAPTER.......... BILL N O.

211–ASSEMBLYWOMANAN JAUREGUIACT M ARCH 9, 2021 ____________ Referred to Committee on Government Affairs SUMMARY—Establishes provisions relating to aland planuse toplanning; address impacts to wildlife.

(BDRrequiring, 22-795)with FISCALcertain NOTE:exceptions, a copy of the tentative map of the design of a proposed subdivision of land to be forwarded to the Department of Wildlife for review;

Effect on Local Government:

No.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

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

AN ACT relating to wildlife;

requiring a copy of the tentative map of the design of a proposed subdivision of land to be forwarded to the Department of Wildlife for comment;

(NRS 278.330) Existing law also requires the tentative map to be forwarded to certain state agencies and local governments for comment.review.

(NRS 278.335) Section 1.5 of this bill requires the tentative map to be forwarded to the Department of Wildlife for commentreview onunless: potential impacts to wildlife and wildlife multiple species that includes a determination of the impact to wildlife and wildlife habitat and the habitat conservation plan was approved by the United States Fish and Wildlife Service.

Existing(1) lawthe requires a governing body orhas planningadopted commissiona impact to considerwildlife certainand factorswildlife beforehabitat takingand finalthe actionhabitat onconservation aplan tentativewasof map.the approved by the United States Fish and Wildlife Service;

(NRSor 278.349)(2) Section 2 of this bill additionally requires the governingproposed bodysubdivision oris planninginfill commissiondevelopment towhich actionis proposed on a tentativevacant map.actor tosubstantially wildlifevacant andtract wildlifeof habitatland beforethat takingis finalsurrounded -by *AB211_R1*land –that 2is –already THEdeveloped. PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.2 of this bill authorizes the Board of Wildlife Commissioners to establish by regulation certain fees for the review of a tentative map by the Department.

Section to deposit such fees in the Wildlife Account in the State General Fund.n section 1.2 Existing law requires a governing body or planning commission to consider certain factors before taking final action on a tentative map.

(NRS 278.349) Section of this bill additionally requires the governing body or planning commission to consider the potential impact to wildlife and wildlife habitat before taking final action on a tentative map.

EXPLANATION – Matter in bolded italics is new;

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1.2.

Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:

1.

The Board of Wildlife Commissioners may establish by regulation reasonable fees for the review of a tentative map by the Department of Wildlife pursuant to NRS 278.335.

The amount of such fees for the Department to review a tentative map must not exceed a flat fee of $250 plus an additional fee of not more than $5 per acre shown on the tentative map.

- 81st Session (2021) – 2 – 2.

All fees collected pursuant to subsection 1 must be deposited in the Wildlife Account in the State General Fund pursuant to NRS 501.356.

3.

The Board of Wildlife Commissioners may adopt any other its duties pursuant to NRS 278.335.tment of Wildlife to carry out Sec.

1.3.

NRS 278.010 is hereby amended to read as follows:

278.010 As used in NRS 278.010 to 278.630, inclusive, and section 1.2 of this act unless the context otherwise requires, the words and terms defined in NRS 278.0103 to 278.0195, inclusive, have the meanings ascribed to them in those sections.

Sec.

This paragraph does not apply ifif: the governing body has adopted a habitat conservation plan for multiple species of wildlife that evaluates the potential impacts to wildlife and wildlife habitats from the development of land, including, without limitation, any determination of impact to wildlife and wildlife habitat required pursuant to federal law, and the habitat conservation plan has been approved by the United States Fish and Wildlife Service.

(1) The governing body has adopted a habitat conservation plan for multiple species of wildlife that evaluates the potential land, including, without limitation, any determination of impact to wildlife and wildlife habitat required pursuant to federal law, and the habitat conservation plan has been approved by the United States Fish and Wildlife Service;

or (2) The proposed subdivision is infill development which is proposed on a vacant or substantially vacant tract of land that is surrounded by land that is already developed.

inspections3. under this section shall consider all the requirements of the law concerning sewage disposal, water pollution, water quality and water supply facilities.

A district board of health which conducts reviews and inspections under this section shall consider all the requirements of - 81st Session (2021) – 3 – and water supply facilities.