AB 333 — Makes changes to provisions relating to land use planning. (BDR 22-357)

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

333333–Assemblymen ASSEMBLYKrasner, BRoberts; ILLN O.

333–AEllison, SSEMBLYMENHardy Kand RASNERO’Neill ,RCHAPTER.......... OBERTS ;

E LLISON , ARDY AND O’N EILL M ARCH 18, 2021 ____________ Referred to Committee on Government Affairs SUMMARY—Makes changes to provisions relating to land use planning.

(BDR 22-357) FISCAL NOTE:

EffEffect on the State:

No.

No.

~ EXPLANATION – Matter in bolded italics is new;

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

Existing law prohibits the filing of an action against a governing body, commission or board with respect to any final action, decision or order related to land use planning unless the action is commenced within 25 days after the filing of theestablishes noticedeadlines offor: a final action, decision or order.

(NRS 278.0235) Section 1 of this bill establishes deadlines for:

(2) bill serving and filing a hearing.reply memorandum of points and authorities;

Section 1 authorizes the court to extend the deadlines and requires(3) allgrequesting memorandaa ofhearing. points and authorities to comply with Rule 28 of the Nevada Rules of Appellate Procedure.

Section 1 authorizes the court to extend the deadlines and requires all memoranda of points and authorities to comply with Rule 28 of the Nevada Rules of Appellate Procedure.

(NRS 533.030, 533.325) Section 2.5 of this bill provides that in a county to whose population is 100,000 or more but less than 700,000 (currently Washoeall counties other than Clark County), the requirements of chapter 533 of NRS do not apply to the retention or detention of developed stormwater flow for the purpose of flood control or stormwater management if:

and (2) such retention or detention does not impair the predevelopment recharge of the relevant sources of surface waterwater. or groundwater.

Sections 3 and 4 of this bill make conforming changeschangesant related to exempting such - *AB333_R1* – 2 – retention or detention of developed stormwater flow from the general requirements of chapter 533 of NRS.

EXPLANATION – Matter in bolded italics is new;

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

No action or proceeding may be commenced for the purpose of seeking judicial relief or review from or with respect to any final action, decision or order of any governing body, commission or board authorized by NRS 278.010 to 278.630, - 81st Session (2021) – 2 – inclusive, unless the action or proceeding is commenced within 25 days after the date of filing of notice of the final action, decision or order with the clerk or secretary of the governing body, commission or board.

2.review must serve and file a memorandum of points andng judicial authorities within 40 days after an action is commenced.

A petitioner or cross-petitioner who is seeking judicial review must serve and file a memorandum of points and authorities within 40 days after an action is commenced.

In a county whose population is 100,000 or more but less than 700,000, the provisions of this chapter do not apply to the retention or detention of developed stormwater flow for the purpose of flood control ororntion stormwater management if:

and - *AB333_R1* – 3 – (b) Such retention or detention does not impair the predevelopment flowrecharge of the relevant sources of groundwater or the offsite predevelopment rechargeflow of the relevant sources of surface waterwater. or groundwater.

As used in this section, “developed stormwater flow” means the increase of surface stormwater runoff created by or resultingattributable fromto the construction of man-made impervious surfaces as part of the development of land.

- 81st Session (2021) – 3 – Sec.

Subject to existing rights, and except as otherwise provided in this section and NRS 533.0241 and 533.027 [,] and section 2.5 of this act, all water may be appropriated for beneficial use2.s pThe use of water, from any stream system as provided in this chapter and notfrom otherwise.underground water as provided in NRS 534.080, for any recreational purpose, or the use of water from the Muddy River or the Virgin River to create any developed shortage supply or intentionally created surplus, is hereby declared to be a beneficial use.

2.

The use of water, from any stream system as provided in this chapter and from underground water as provided in NRS 534.080, for any recreational purpose, or the use of water from the Muddy River or the Virgin River to create any developed shortage supply or intentionally created surplus, is hereby declared to be a beneficial use.

4.provisions of subsection 1 and of any ordinance adopted pursuant to subsection 3 do not apply to:

In any county whose population is 700,000 or more, the provisions of subsection 1 and of any ordinance adopted pursuant to subsection 3 do not apply to:

- *AB333_R1* – 4 – Sec.

533.325 Except as otherwise provided in NRS 533.027 and 534.065 [,] and section 2.5 of this act, any person who wishes to appropriate any of the public waters, or to change the place of diversion, manner of use or place of use of water already appropriated, shall, before performing any work in connection with - 81st Session (2021) – 4 – such appropriation, change in place of diversion or change in manner or place of use, apply to the State Engineer for a permit to do so.

H~~~~~ 21 - *AB333_R1*81st Session (2021)