NRS244.3653. Program to provide financial assistance to owners of public or private property, to make such property resistant to flood damage, in county whose population is 100,000 or more but less than 700,000.

      1.  Except as otherwise provided in this section, a board of county commissioners of a county whose population is 100,000 or more but less than 700,000 may:

      (a) Establish by ordinance a program to provide financial assistance to owners of public and private property in areas that are likely to be flooded in order to make such property resistant to flood damage.

      (b) Accept gifts, grants and other sources of money to pay the costs associated with a program established pursuant to paragraph (a).

      (c) Pay costs associated with a program established pursuant to paragraph (a) through the use of:

             (1) Revenue and bond proceeds derived from a flood management project, except that no bond proceeds may be used to provide any loans pursuant to the program.

             (2) Funds from the infrastructure fund of the county.

             (3) Gifts, grants and other sources of money available to the board of county commissioners.

      2.  An ordinance adopted by a board of county commissioners pursuant to paragraph (a) of subsection 1:

      (a) Must include, without limitation, a finding of the board that the creation of a program to provide financial assistance to owners of public and private property in areas that are likely to be flooded is necessary to promote and protect the public health, safety and welfare.

      (b) May include a provision that the award of financial assistance is subject to any limitation or condition that the board determines is necessary.

      3.  Financial assistance provided pursuant to a program established pursuant to subsection 1:

      (a) May be in the form of grants or loans, or any combination thereof.

      (b) May only be used to pay the actual and necessary costs to make private or public property resistant to flood damage, including, without limitation, flood-proofing the property, erecting barriers, elevating foundations of buildings, structures or improvements, and relocating buildings, structures or improvements to areas that are not likely to be flooded.

      (c) May not be awarded:

             (1) To protect any building, structure or improvement unless the building, structure or improvement exists or construction has begun on the building, structure or improvement on or before July 1, 2009.

             (2) To relocate any building, structure or improvement to property that is also in an area likely to be flooded.

             (3) Unless the property owner:

                   (I) Submits an application for financial assistance on or before June 30, 2019.

                   (II) Has not received and agrees not to apply for any further financial assistance to make the property resistant to flood damage from a tourism improvement district established pursuant to NRS 271A.070, a tax increment area created pursuant to NRS 278C.155, a redevelopment area established pursuant to NRS 279.426, a program for the rehabilitation of residential neighborhoods established pursuant to NRS 279A.030 or a program for the rehabilitation of abandoned residential properties established pursuant to NRS 279B.030.

                   (III) Satisfies any conditions adopted by the board of county commissioners.

      4.  The board of county commissioners may delegate its authority to administer a program of financial assistance established pursuant to this section to a flood management authority.

      5.  The board of county commissioners or, if the board has delegated its authority to administer a program of financial assistance pursuant to subsection 4, a flood management authority may bring an action against the property owner for the collection of any delinquent payments, charges, fees, interest or penalties related to any loan provided pursuant to a program established pursuant to this section.

      6.  Nothing in this section shall be so construed as to require:

      (a) A board of county commissioners to provide financial assistance to any property owner pursuant to this section; or

      (b) A property owner to apply for or accept financial assistance pursuant to a program of financial assistance established pursuant to this program.

      7.  As used in this section:

      (a) “Drainage and flood control project” has the meaning ascribed to it in NRS 244A.027.

      (b) “Flood management authority” means any entity that is created by cooperative agreement pursuant to chapter 277 of NRS, the functions of which include the acquisition, construction, improvement, operation and maintenance of a flood management project.

      (c) “Flood management project,” or any phrase of similar import, means a project or improvement that is located within or without a county whose population is 100,000 or more but less than 700,000 and is established for the control or management of any flood or storm waters of the county or any flood or storm waters of a stream of which the source is located outside of the county. The term includes, without limitation:

             (1) A drainage and flood control project;

             (2) A project to construct, repair or restore an ecosystem;

             (3) A project to mitigate any adverse effect of flooding or flood management activity or improvement;

             (4) A project to conserve any flood or storm waters for any beneficial and useful purpose by spreading, storing, reusing or retaining those waters or causing those waters to percolate into the ground to improve water quality;

             (5) A project that alters or diverts or proposes to alter or divert a natural watercourse, including any improvement for the passage of fish;

             (6) A park project that is related to a flood management project;

             (7) Any landscaping or similar amenity that is constructed:

                   (I) To increase the usefulness of a flood management project to any community or to provide aesthetic compatibility with any surrounding community; or

                   (II) To mitigate any adverse effect on the environment relating to a flood management project;

             (8) A project to relocate or replace a utility, transmission line, conduit, bridge or similar feature or structure that exacerbates any flooding or is located in an area that is susceptible to flooding;

             (9) A project to protect and manage a floodplain;

             (10) A project that is designed to improve the quality of any flood or storm waters or the operation of any flood management system, including, without limitation, any monitoring, measurement or assessment of that system; and

             (11) Any real property or interest in real property that is acquired to support the carrying out of a flood management project, including, without limitation, any property that may become flooded because of any improvement for flood management, or any combination thereof and any other structure, fixture, equipment or property required for a flood management project.

      (Added to NRS by 2009, 1429; A 2011, 1110)