[Rev. 11/22/2013 3:21:34 PM--2013]

RED ROCK CANYON CONSERVATION AREA AND ADJACENT LANDS ACT

Chapter 639, Statutes of Nevada 1993

AN ACT relating to the Red Rock Canyon National Conservation Area; prescribing the control of activities within the Red Rock Canyon National Conservation Area; prohibiting certain activities in that area; and providing other matters properly relating thereto.

[Approved: July 13, 1993]

(Leadlines for sections have been supplied by the Legislative Counsel of the State of Nevada)

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

      Section 0.5.  Short title.  This act shall be known as the Red Rock Canyon Conservation Area and Adjacent Lands Act.

      (Added—Ch. 105, Stats. 2003 p. 596)

      Section 1.  Legislative findings and declarations.  The Legislature hereby finds and declares that:

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

      (a) The unusual beauty of the Red Rock Canyon National Conservation Area;

      (b) The rapidly increasing population and growth in the region around the Red Rock Canyon National Conservation Area; and

      (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 Canyon National Conservation Area;

      (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.

      (Ch. 639, Stats. 1993 p. 2673; A—Ch. 105, Stats. 2003 p. 598)

      Sec. 1.3.  Definitions.  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.

      (Added—Ch. 105, Stats. 2003 p. 597)

      Sec. 1.7.  “Adjacent lands” defined.  “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, Range 58 East, MDM;

      3.  All 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 21 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;

      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 59 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.

      (Added—Ch. 105, Stats. 2003 p. 597)

      Sec. 2.  “Red Rock Canyon National Conservation Area” defined.  “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.

      (Ch. 639, Stats. 1993 p. 2673; A—Ch. 105, Stats. 2003 p. 598)

      Sec. 3.  Regulation of use of land by city or county; exception for certain mining claims.

      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 extraction of any substance, or the making of improvements 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.

      (Ch. 639, Stats. 1993 p. 2673)

      Sec. 4.  Permit from Division of Environmental Protection of State Department of Conservation and Natural Resources required in absence of local regulation.  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 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.

      (Ch. 639, Stats. 1993 p. 2673)

      Sec. 4.3.  Regulation of adjacent lands by local government: Limitations.  With respect to adjacent lands, a local government:

      1.  Shall not, in regulating the use of those lands:

      (a) Increase the number of residential dwelling units allowed by zoning regulations in existence on the 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:

      (a) Regulate matters to include, without limitation, landscaping, buffering, screening, signage and lighting; and

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

      (Added—Ch. 105, Stats. 2003 p. 597)

      Sec. 4.7.  Applicability of limitations on regulation of adjacent lands by local government.  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;

      2.  Any future use or development of real property that is not part of those adjacent lands; or

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

      (Added—Ch. 105, Stats. 2003 p. 598)