NRS543.595. Adoption of uniform regulations; variances; incorporation of regulations into ordinances by city or county; compliance with standards, criteria and policies of board.

      1.  The board shall adopt uniform regulations for the control of drainage, in accordance with the master plan, from land which is developed after the regulations become effective. The regulations may include provisions for the granting of a variance by the board upon application by the governmental entity having jurisdiction and a showing of conditions which justify the variance. The board may grant a variance from the strict enforcement of the uniform regulations for that piece of property if the granting of the variance will not cause any:

      (a) Detriment to the public good;

      (b) Impairment of any affected natural resources; or

      (c) Deviation from the intent and purpose of the district’s master plan.

      2.  Before granting such a variance, the board must consider the effect of the proposed variance on the adjacent property, the entire hydrographic area and the continued implementation of the master plan.

      3.  On and after July 1, 1987, a county or city is not eligible to receive money, from the regional fund for the control of floods, for the acquisition of a project or improvement unless it has incorporated these regulations in its ordinances governing the subdivision of land, parcel maps, and division of land into large parcels. The county or city is then responsible for their enforcement, but the county or any city may bring an action against any of the others to compel enforcement in the latter’s territory.

      4.  The board may also require as a condition of granting money to a county or city that the recipient comply with the standards and criteria developed by the board concerning the design of systems for drainage and with the policies established by the board for the design, construction, operation and maintenance of a project or improvement.

      (Added to NRS by 1985, 1190; A 1987, 432; 1991, 1372)