NRS473.0355. Alteration of boundaries by exclusion of territory: Procedure.

      1.  Territory may be excluded from any fire protection district organized under this chapter in the manner provided in subsections 2, 3 and 4.

      2.  Should any portion of the territory included in a fire protection district be:

      (a) Annexed to an incorporated city or lands adjacent to an incorporated city be zoned for residential, small estates or commercial use pursuant to law, the State Forester Firewarden may declare the portion so annexed or zoned to be excluded from the district, and shall change the district boundary to conform to the annexation or zoning.

      (b) Used or zoned as industrial, commercial, residential or agricultural land, the State Forester Firewarden shall, immediately upon receiving a written petition:

             (1) Requesting exclusion from the district;

             (2) Containing the description of 10 or more contiguous parcels of land within the territory so used or zoned as industrial, commercial, residential or agricultural land which parcels are each owned separately by different persons; and

             (3) Signed by the owners of a majority of the parcels of the described territory sought to be excluded,

Ê determine the feasibility of excluding that territory and shall notify the board of directors of the district of his or her decision.

      3.  Should any portion of the territory included in a fire protection district be:

      (a) Fifteen acres or less of irrigated land;

      (b) Owned by less than 10 owners; and

      (c) Abutting on a portion of the district’s boundary,

Ê the State Forester Firewarden shall, immediately upon receiving a written petition requesting exclusion from the district, containing a description of the land, and signed by the owners of a majority of the parcels in the described territory sought to be excluded, determine the feasibility of excluding that territory and shall notify the board of directors of the district of his or her decision.

      4.  The board of directors, upon receipt of a notice in writing from the State Forester Firewarden of a decision to exclude territory from the fire protection district, shall prepare a resolution:

      (a) Describing the territory to be excluded; and

      (b) Stating the purpose of its exclusion.

Ê Upon the adoption of the resolution the board of directors shall forthwith notify the State Forester Firewarden of the resolution. The territory is excluded from the fire protection district from the date of the resolution.

      (Added to NRS by 1981, 483)