AB 478 — Revises provisions governing construction times in counties and cities. (BDR 20-1091)

(ReprintedAssembly withBill amendmentsNo. adopted on April 21, 2025) FIRST REPRINT A.B.

478478–Committee Aon SSEMBLYGovernment BAffairs ILLNCHAPTER.......... O.

478–COMMITTEE ON GOVERNMENT A FFAIRS M ARCH 19, 2025 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions governing construction times in certain counties and cities.

(BDR 20-1091) 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.

setting forth certain limitations on a board of county commissioners in certain counties or the governing body of a city in such a county in adopting an ordinance restricting the hours in which construction work may begin during certain times of the year;

revising certain prohibitions on a declarant-controlled common-interest community from restricting the hours that construction work may begin during certain times of the year;

LegislativeLegiExisting Counsel’slaw Digest:provides that if the board of county commissioners in a county whose population is 700,000 or more (currently only Clark County) or the governing body of a city which is located in such a county (currently the cities of Boulder City, Henderson, Las Vegas, Mesquite and North Las Vegas) adopts an ordinance restricting the hours in which construction work may begin in a common-interest community, the hours for construction work in a declarant- controlled common-interest community must be allowed to begin at, but not earlier (NRS 244.3679, 268.4137) Sections 3.3 and 3.5 of this bill provide that, regardless of the population of the county, if a board or governing body adopts an ordinance restricting the hours in which construction work may begin, the hours for construction work on any project that is more than 300 feet from an occupied residential unit must be allowed to begin by 5 a.m.

Existing law provides that if the board of county commissioners in a county whose population is 700,000 or more (currently only Clark County) or the governing body of a city which is located in such a county (currently the cities of Boulder City, Henderson, Las Vegas, Mesquite and North Las Vegas) adopts an common-interest community, the hours for construction work in a declarant- controlled common-interest community must be allowed to begin at, but not earlier than, 5 a.m.

(NRSExisting 244.3679,law 268.4137)provides Sectionsthat 3.3if, andin 3.5a ofcounty thiswhose billpopulation provideis that700,000 ifor suchmore a(currently boardonly orClark County), the governing body of the county or city adopts an ordinancecontrolled restrictingcommon-interest community must not restrict the hours inthat which construction work may begin,begin in the hoursdeclarant-controlled forcommon-interest constructioncommunity workduring the period beginning on anyApril project1 thatand isending earlieron than,September 530 a.m.to hours other than those set forth in the ordinance.

during(NRS 116.347) Section 3.6 of this bill applies such authorization to the periodgoverning beginningbody onof Aprila 1county andor endingcity onutregardless notof Septemberthe 30.population of the county.

Section 3.7 of this bill provides that if, on the effective date of this bill, the board of county commissioners in a county whose population is 700,000 or more or the governing body of a city located in such a county has adopted an ordinance restrictingdoes thenot hoursallow in which construction work maymore beginthan and300 thefeet ordinancefrom doesan butoccupied notresidential earlierunit than,to begin by 5 a.m.

during the period beginning on April 1 and ending ont,on September 30, the ordinance is void and unenforceable.

-Section *AB478_R1*3.7 –further 2provides –that THEany PEOPLEprovision OFin THEa STATEgoverning OFdocument NEVADA,of REPRESENTEDan INexecutive SENATEboard ANDof ASSEMBLY,a DOcommon-interest ENACTcommunity ASor FOLLOWS:a plan for the development of a planned development which is more restrictive than the provisions of this bill is void and unenforceable.

Section- 1.83rd Session (2025) – 2 – 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:

Sections 1-3.

2.

(Deleted by amendment.) Sec.

3.

(Deleted by amendment.) Sec.

If the board of county commissioners in a county whose population is 700,000 or more adopts an ordinance restricting the hours in which construction work may begin, the hours for construction work on any project that is more than 300 feet from aan occupied residential unit must be allowed to begin at,by but not earlier than, 5 a.m.

As used in this section, “residential unit” means a single- family residence or an individual residential unit within a larger building, including, without limitation, a condominium, townhouse, duplex or other multifamily dwelling.

The term doesm, not include a time share or other unit that is subject to the provisions of chapter 119A of NRS.

If the governing body of a city located in a county whose population is 700,000 or more adopts an ordinance restricting the hours in which construction work may begin, the hours for construction work on any project that is more than 300 feet from aan occupied residential unit must be allowed to begin at,by but not earlier than, 5 a.m.

As used in this section, “residential unit” means a single- family residence or an individual residential unit within a larger building, including, without limitation, a condominium, towSec.townhouse, duplex or other multifamily dwelling.

The term does not include a time share or other unit that is subject to the provisions of chapter 119A of NRS.

Sec.

3.6.

NRS 116.347 is hereby amended to read as follows:

116.347 1.

If [, in a county whose population is 700,000 or more,] the governing body of a county or city in which a declarant- controlled common-interest community is located adopts an ordinance restricting the hours in which construction work may must not restrict the hours that construction work may begin in the declarant-controlled common-interest community during the period - 83rd Session (2025) – 3 – than those set forth in the ordinance.tember 30 to hours other 2.

The provisions of subsection 1 do not preclude the executive board or the governing documents from restricting the hours that construction work may begin:

(a) If a governing body of a county or city has not adopted an ordinance restricting the hours in which construction work may begin;

or (b) During the period beginning on October 1 and ending on March 31.