NRS543.5975. Amendment of master plan for expenditure or provision of money to protect public or private property from flooding.


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  •       1.  The district’s chief engineer or any governmental entity may propose an amendment to the district’s master plan to allow the expenditure or provision of money pursuant to subsection 6 of NRS 543.360. The proposed amendment must be submitted to the district.

          2.  Upon receipt of an amendment proposed pursuant to subsection 1, the board shall determine whether it:

          (a) Is consistent with the general principles set forth in subsection 3 of NRS 543.590 for the master plan;

          (b) Is the most cost-effective structural or regulatory means of protecting structures from floodwaters of the district; and

          (c) Does not adversely affect the continued implementation of the master plan.

          3.  If the board determines that the proposed amendment meets the requirements of subsection 2, the board shall hold a public hearing to consider the adoption of the amendment. The board may adopt a proposed amendment to the district’s master plan with the approval of two-thirds of the members voting on the proposed amendment.

          4.  The board shall file a copy of any amendment adopted by it with the governing body of each local government whose jurisdiction includes a hydrographic area affected by the adopted amendment.

          5.  Except as otherwise provided in subsection 6, upon receipt of an amendment, the governing body of each local government affected shall hold a public hearing to consider the adoption of the proposed amendment as a component of its comprehensive master plan pursuant to chapter 278 of NRS. If the governing bodies of each local government whose jurisdiction includes a hydrographic area affected by the amendment to the district’s master plan approve the proposed amendment, it becomes effective.

          6.  If a proposed amendment to the master plan is adopted unanimously by the board, and by the governing body of the local government in whose jurisdiction the project will be located, after a public hearing by each, the amendment becomes effective and no other hearing or approval is required by any other board or commission, including those responsible for decisions relating to planning or zoning.

      (Added to NRS by 2001, 891)