1. To determine the advisability of incorporation and the feasibility of the proposed city, the board of county commissioners shall consider the following factors with regard to the area proposed to be incorporated:
(a) Its population and, if the area is located in a county whose population is 100,000 or more, the density of population;
(b) The land area, land uses, topography, natural boundaries and drainage basin;
(c) The extent to which the area is devoted to agriculture, mineral production or other uses that may not require significant improvements to the property;
(d) The extent of commercial and industrial development;
(e) The extent and age of residential development;
(f) The comparative size and assessed value of subdivided land and unsubdivided land;
(g) Current and potential issues concerning transportation;
(h) Past expansion of population and construction;
(i) The likelihood of significant growth in the area and in adjacent incorporated and unincorporated areas during the next 10 years;
(j) The present cost, method and adequacy of regulatory controls and governmental service, including, but not limited to, water and sewer service, fire rating and protection, police protection, improvement and maintenance of streets, administrative services and recreational facilities in the area and the future need for such services and controls;
(k) The present and projected revenues for the county and the proposed city;
(l) The probable effect of incorporation on revenues and services in the county and local governments in adjacent areas;
(m) The probable effect of the proposed incorporation and of any alternatives to incorporation on the social, economic and governmental structure of the affected county and adjacent areas;
(n) The probable effect of the proposed incorporation and of any alternatives to incorporation on the availability and requirement of water and other natural resources; and
(o) Any determination by a governmental agency that the area is suitable for residential, commercial or industrial development, or that the area will be opened to private acquisition.
2. If the area proposed to be incorporated is within 5 miles of an existing city, in addition to the factors listed in subsection 1, the board of county commissioners shall consider:
(a) The size and population of the existing city;
(b) Growth in population and commercial and industrial development in the existing city during the past 10 years;
(c) Any extension of the boundaries of the existing city during the past 10 years;
(d) The probability of growth of the existing city toward the area proposed to be incorporated in the next 10 years, considering natural barriers and other factors that might influence such growth; and
(e) The willingness of the existing city to annex the area proposed for incorporation and to provide services to the area.
3. The board of county commissioners shall also consider:
(a) The recommendations of any commission, agency, district or member of the public who submits a written report;
(b) Testimony from any person who testifies at a hearing; and
(c) Existing petitions for annexation of any part of the area.
(Added to NRS by 1989, 233; A 1999, 881)
Structure Nevada Revised Statutes
Chapter 266 - General Law for Incorporation of Cities and Towns
NRS 266.005 - Inapplicability to certain cities.
NRS 266.007 - Special election may be held upon determination by city council that emergency exists.
NRS 266.010 - Home rule granted; limitations.
NRS 266.015 - Municipal government vested in mayor and city council.
NRS 266.017 - Area suitable for incorporation.
NRS 266.018 - Notice to incorporate: Filing; contents.
NRS 266.019 - Petition for incorporation: Contents; form.
NRS 266.021 - Petition for incorporation: Information; affidavits.
NRS 266.023 - Verification of signatures; request to remove name from petition.
NRS 266.024 - Amendment of petition; verification of additional signatures.
NRS 266.026 - Determination of sufficiency of petition; review by board of county commissioners.
NRS 266.0262 - Review of petition by planning agencies and local governments.
NRS 266.0265 - Judicial review of determination that proposed area is unsuitable for incorporation.
NRS 266.027 - Public hearing on petition and report of Committee on Local Government Finance.
NRS 266.028 - Record of public hearing; testimony at hearing; additional hearings.
NRS 266.031 - Withdrawal of petition.
NRS 266.032 - Form and contents of ballot.
NRS 266.033 - Canvass of votes; notice of results.
NRS 266.0335 - Preparation of legal description of incorporated city.
NRS 266.034 - Liability for costs of incorporation.
NRS 266.036 - Election of officers of city; notice.
NRS 266.037 - Limitations on circulation of petition for incorporation.
NRS 266.038 - Candidate for elective office of newly created city.
NRS 266.039 - Articles of incorporation.
NRS 266.041 - Powers of elected officers before incorporation becomes effective.
NRS 266.042 - Effective date of incorporation; presumption of incorporation.
NRS 266.044 - Apportionment of county’s fixed assets located within city.
NRS 266.0445 - Assessment and taxation of certain property to pay for indebtedness of county.
NRS 266.045 - Bonds of first elected officers.
NRS 266.055 - Categorization of cities by population.
NRS 266.060 - Attainment of higher population category; proclamation of Governor.
NRS 266.070 - Vested rights on incorporation or change in population category; remedies.
NRS 266.085 - City is municipal corporation; name; general powers.
NRS 266.110 - Enactment of ordinance: Subject; title.
NRS 266.115 - Enactment of ordinance: Style; introduction and notice; final action; publication.
NRS 266.165 - Chief executive is mayor.
NRS 266.180 - Vacancy filled by city council.
NRS 266.215 - Qualifications of city council members.
NRS 266.220 - Election and number of council members.
NRS 266.225 - Vacancy in office of council member filled by mayor and council; exception.
NRS 266.240 - Rules; punishment or expulsion of members.
NRS 266.245 - Meetings: Frequency, time and place of holding; compliance with Open Meeting Law.
NRS 266.255 - Deferment of final action on committee’s report.
NRS 266.261 - Public works: General powers of city council.
NRS 266.263 - Public works: City’s powers subordinate to powers of regional planning agency.
NRS 266.265 - City’s property: General powers of city council; exceptions.
NRS 266.267 - Requirements for sale or lease of real property owned by city.
NRS 266.270 - Condemnation of property for public uses.
NRS 266.275 - Streets, sidewalks, parks and public grounds.
NRS 266.277 - Traffic and parking.
NRS 266.280 - Parking meters; off-street facilities for public parking.
NRS 266.285 - Provision of utilities.
NRS 266.290 - Acquisition or establishment of municipal utility: Procedure.
NRS 266.295 - Railroads and railways.
NRS 266.300 - Franchises for certain public purposes.
NRS 266.310 - Fire department; arson investigators; storage of hazardous material; fire code.
NRS 266.316 - Acquisition, maintenance and abolishment of cemeteries.
NRS 266.321 - Police ordinances: Enactment and enforcement; penalty for violation of state law.
NRS 266.323 - Employment of security officers.
NRS 266.325 - Control of animals and poultry; collection of fee; limitation.
NRS 266.335 - Nuisances: Abatement, prevention and removal; costs as lien.
NRS 266.342 - "Trunk line" defined.
NRS 266.348 - Recovering cost of collection.
NRS 266.355 - Power of city council to regulate and license.
NRS 266.386 - Resolution proposing sale or lease of system; election required.
NRS 266.3861 - Appointment of appraisers.
NRS 266.3862 - Negotiation with qualified lessees.
NRS 266.3863 - Measure and explanation to be drafted by city attorney.
NRS 266.3864 - Registration of voters for special election; notice; office hours of county clerk.
NRS 266.3865 - Notice of special election: Publication; contents.
NRS 266.3866 - Powers and duties of county clerk at special election; costs of special election.
NRS 266.3867 - Sale of system: Advertisement; sealed bids.
NRS 266.390 - Officers and offices: General powers of council.
NRS 266.395 - Appointment of officers by mayor.
NRS 266.425 - Bonds filed with clerk; council may require additional bonds.
NRS 266.430 - Nonfeasance, misfeasance or malfeasance; penalty.
NRS 266.435 - Delivery of property to successor; liability.
NRS 266.450 - Compensation; restrictions on increase or decrease.
NRS 266.455 - Deputies: Appointment; powers; compensation.
NRS 266.460 - Duties of officers may be defined by ordinance.
NRS 266.475 - Employment of counsel to assist city attorney.
NRS 266.505 - Payment of warrants.
NRS 266.510 - Receipt for payment.
NRS 266.520 - Treasurer’s report: Contents.
NRS 266.525 - Money from special assessment kept as special fund; restrictions on use.
NRS 266.530 - Appointment; duties.
NRS 266.565 - Pleadings; practice.
NRS 266.585 - Reports and payments by municipal judge.
NRS 266.590 - Fines and penalties: Commitment; recovery by execution; chain gang.
NRS 266.600 - General powers of city council.
NRS 266.605 - Levy and collection of taxes.
NRS 266.610 - Apportionment of money from road fund by county commissioners.
NRS 266.615 - Ordinances to carry out revenue laws.
NRS 266.620 - Payment of fines, forfeitures and other money into city treasury.
NRS 266.780 - Judgment of disincorporation.
NRS 266.785 - Creation of unincorporated town on disincorporation: Procedure.
NRS 266.790 - Procedure for completion of unfinished business of court.