NRS278.8113. Regional plan: Public hearings by planning commission in preparing plan and amendments; action by governing body. [Effective: (1) upon the proclamation by the Governor of this State of the withdrawal by the State of California from the Tahoe Regional Planning Compact or of a finding by the Governor of this State that the Tahoe Regional Planning Agency has become unable to perform its duties or exercise its powers; or (2) October 1, 2015, unless: (a) on or before January 1, 2014, the Governor of this State issues a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (b) before October 1, 2015, the amendments to the Compact proposed by this State in 2011 are approved pursuant to Public Law 96-551, the State of California enacts amendments that are substantially identical to those amendments and the governing board of the Tahoe Regional Planning Agency adopts an update to the 1987 Regional Plan; or (3) October 1, 2017, if: (a) on or before January 1, 2014, the Governor of this State does not issue a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; and (b) the amendments to the Compact proposed by this State in 2011 are not approved pursuant to Public Law 96-551, the State of California has not enacted amendments that are substantially identical to those amendments and the governing board of the Tahoe Regional Planning Agency has not adopted an update to the 1987 Regional Plan by July 1, 2015, and the Governor of this State issues a proclamation before October 1, 2015, that those events are likely to take place in the reasonably foreseeable future but those events do not take place by September 30, 2017.]

      1.  In preparing the regional plan and each amendment thereto, if any, subsequent to its adoption, the planning commission after due notice shall hold at least one public hearing, which may be continued from time to time, and shall review the testimony and any written recommendations presented at such hearing before recommending the plan or amendment. The notice required by this subsection must be given at least 20 days prior to the public hearing by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county or city a portion of whose territory lies within the region.

      2.  The planning commission shall then recommend such plan or amendment to the governing body for adoption by ordinance. The governing body may adopt, modify or reject the proposed plan or amendment, or may initiate and adopt a plan or amendment without referring it to the planning commission. If the governing body initiates or substantially modifies a plan or amendment, it shall hold at least one public hearing thereon after due notice as required in subsection 1.

      3.  If a request is made for the amendment of the regional plan by:

      (a) A political subdivision a part of whose territory would be affected by such amendment; or

      (b) The owner or lessee of real property which would be affected by such amendment,

Ê the governing body shall complete its action on such amendment within 180 days after the request is accepted as complete according to standards which must be prescribed by ordinance of the Agency.

      (Added to NRS by 1979, 1130; A 2011, 3739; 2013, 2367, effective: (1) upon the proclamation by the Governor of this State of the withdrawal by the State of California from the Tahoe Regional Planning Compact or of a finding by the Governor of this State that the Tahoe Regional Planning Agency has become unable to perform its duties or exercise its powers; or (2) October 1, 2015, unless: (a) on or before January 1, 2014, the Governor of this State issues a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (b) before October 1, 2015, the amendments to the Compact proposed by this State in 2011 are approved pursuant to Public Law 96-551, the State of California enacts amendments that are substantially identical to those amendments and the governing board of the Tahoe Regional Planning Agency adopts an update to the 1987 Regional Plan; or (3) October 1, 2017, if: (a) on or before January 1, 2014, the Governor of this State does not issue a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; and (b) by July 1, 2015, the amendments to the Compact proposed by this State in 2011 are not approved pursuant to Public Law 96-551, the State of California has not enacted amendments that are substantially identical to those amendments and the governing board of the Tahoe Regional Planning Agency has not adopted an update to the 1987 Regional Plan, and the Governor of this State issues a proclamation before October 1, 2015, that those events are likely to take place in the reasonably foreseeable future but those events do not take place by September 30, 2017)