Nevada Code § 278.0282

Review of proposed adoption or amendment of master plan, facilities plan or other similar plan; objection filed with regional planning commission; appeal of final determination to board
Open in Lexace · Ask the AI about this section
1. Before the adoption or amendment of any
master plan, facilities plan or other similar plan, each governing body and any
other affected entity shall submit the proposed plan or amendment to the
regional planning commission, which shall review the plan or amendment at one
or more public hearings held within 60 days after its receipt of that plan or
amendment and determine whether the proposed plan or amendment conforms with
the comprehensive regional plan. The commission shall specify those parts of
the plan or amendment, if any, that are not in conformance and why they fail to
conform.
2. Before the adoption or amendment of any
master plan, facilities plan or other similar plan by a state agency or a
public utility whose plan must be approved by the Public Utilities Commission
of Nevada, the agency or utility shall submit the proposed plan or amendment to
the regional planning commission, which shall, within 60 days after its
receipt, review the plan or amendment and offer suggestions to the agency or
utility regarding the conformance of the plan with the comprehensive regional
plan.
3. Except as otherwise provided in NRS 278.028 , a local governing body or any
other affected entity shall not adopt a master plan, facilities plan or other
similar plan, or any amendment to any of those plans, unless the regional
planning commission has determined that the plan or amendment is in conformance
with the comprehensive regional plan. A proposed plan is in conformance with
the comprehensive regional plan if it is not in conflict with the comprehensive
regional plan and it promotes the goals and policies of the comprehensive
regional plan.
4. If the regional planning commission
fails to make a determination within 60 days after its receipt from an affected
entity or local governing body of a proposed plan or amendment pursuant to this
section, the plan or amendment shall be deemed to be in conformance with the
comprehensive regional plan.
5. An affected entity or a local governing
body which has submitted a proposed plan and which disagrees with the reasons
given by the regional planning commission for making a determination of
nonconformance pursuant to this section, may file an objection with the
regional planning commission within 45 days after the issuance of that
determination. The affected entity or local governing body shall attach its
reasons why the plan is in conformance with the comprehensive regional plan.
The regional planning commission shall consider the objection and issue its
final determination of conformance or nonconformance within 45 days after the
objection is filed. The determination may be appealed to the governing board
not later than 30 days after its issuance.
6. Within 45 days after its receipt of an
appeal, the governing board shall consider the appeal and issue its decision,
which must be made by the affirmative votes of a simple majority of its total
membership. If the board affirms the determination of the commission, the
affected entity or local governing body shall, within 60 days after the
issuance of the decision, propose revisions to the plan and resubmit the plan
together with those proposed revisions to the commission for review in
accordance with the provisions of this section.
7. Any determination of conformance made
by the commission pursuant to this section must be made by the affirmative
votes of not less than two-thirds of its total membership.

‹ Prev All Nevada sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.