1. An applicant for the issuance of a special use permit for the construction of any utility project or for the construction of a renewable energy generation project with a nameplate capacity of 10 megawatts or more who:
(a) Believes that the decision of the planning commission or governing body to approve or deny the applicant’s application was not timely; or
(b) Disagrees with any conditions imposed by the special use permit issued by the planning commission or governing body,
may, in the manner prescribed by the Public Utilities Commission of Nevada by regulation, petition the Public Utilities Commission of Nevada to review the decision of the planning commission or governing body.
2. A petition submitted to the Public Utilities Commission of Nevada pursuant to this section must include:
(a) The name, mailing address and telephone number of the petitioner;
(b) The name of the planning commission or governing body to whom the petitioner applied for a special use permit;
(c) A statement of the decision of the planning commission or governing body from which review is sought;
(d) A statement of the resolution sought by the petitioner;
(e) A statement of the legal basis for the resolution sought by the petitioner;
(f) A copy of the application and all supporting documents submitted by the petitioner to the planning commission or governing body;
(g) A copy of each document issued by the planning commission or governing body relating to the application; and
(h) Any other information required by the Public Utilities Commission of Nevada.
3. In any proceeding before the Public Utilities Commission of Nevada concerning a petition submitted pursuant to this section, the parties:
(a) Must include:
(1) The petitioner;
(2) The planning commission or governing body whose decision is the subject of the petition; and
(3) The Regulatory Operations Staff of the Public Utilities Commission of Nevada; and
(b) May include:
(1) The Bureau of Consumer Protection in the Office of the Attorney General, upon the filing by the Bureau of Consumer Protection of a notice to intervene; and
(2) Any other person or entity that participated in any proceeding before the planning commission or governing body relating to the application for the issuance of a special use permit, if the person or entity petitions the Public Utilities Commission of Nevada for, and is granted, leave to intervene.
4. Not later than 150 days after receiving a petition to review the decision of a planning commission or governing body, the Public Utilities Commission of Nevada shall issue an order:
(a) Approving the decision of the planning commission or governing body;
(b) Directing the planning commission or governing body to issue a special use permit with such terms and conditions as the Public Utilities Commission of Nevada determines are reasonable; or
(c) Directing the planning commission or governing body to modify the terms and conditions of a special use permit in the manner prescribed by the Public Utilities Commission of Nevada.
5. An order issued by the Public Utilities Commission of Nevada pursuant to this section is final for the purposes of judicial review.
6. The Public Utilities Commission of Nevada shall adopt such regulations as it determines necessary to carry out the provisions of this section.
(Added to NRS by 2013, 3214)
Structure Nevada Revised Statutes
Chapter 278 - Planning and Zoning
NRS 278.0103 - "Aboveground utility" defined.
NRS 278.0105 - "Affordable housing" defined.
NRS 278.0107 - "Average residential density" defined.
NRS 278.011 - "Building code" defined.
NRS 278.0115 - "Building official" defined.
NRS 278.012 - "Cities and counties" defined.
NRS 278.0125 - "City surveyor" defined.
NRS 278.013 - "Commission" and "planning commission" defined.
NRS 278.0135 - "Common-interest community" defined.
NRS 278.014 - "County surveyor" defined.
NRS 278.0145 - "Final map" defined.
NRS 278.0147 - "Gaming enterprise district" defined.
NRS 278.015 - "Governing body" defined.
NRS 278.0153 - "Historic neighborhood" defined.
NRS 278.0155 - "Improvement" defined.
NRS 278.0157 - "Infrastructure" and "public facilities" defined.
NRS 278.016 - "Local ordinance" defined.
NRS 278.0166 - "Military installation" defined.
NRS 278.0167 - "Mobile home park" defined.
NRS 278.017 - "Parcel map" defined.
NRS 278.0172 - "Regional planning coalition" defined.
NRS 278.0173 - "Renewable energy" defined.
NRS 278.01735 - "Renewable energy generation project" defined.
NRS 278.0174 - "Residential dwelling unit" defined.
NRS 278.0175 - "Right-of-way" defined.
NRS 278.0177 - "Rural preservation neighborhood" defined.
NRS 278.018 - "Streets" defined.
NRS 278.0185 - "Subdivider" defined.
NRS 278.019 - "Tentative map" defined.
NRS 278.01902 - "Tier one affordable housing" defined.
NRS 278.01904 - "Tier three affordable housing" defined.
NRS 278.01906 - "Tier two affordable housing" defined.
NRS 278.0191 - "Undeveloped land" defined.
NRS 278.0193 - "Used for residential purposes" defined.
NRS 278.0195 - "Utility project" defined.
NRS 278.02075 - Authority to establish urban agriculture zone; conditions and limitations.
NRS 278.0221 - Restriction of adult motion picture theaters and bookstores: Definitions.
NRS 278.0226 - Preparation of annual plan for capital improvements; contents of plan.
NRS 278.0233 - Actions against agency: Conditions and limitations.
NRS 278.0235 - Actions against agency: Commencement; memorandum of points and authorities; reply.
NRS 278.02375 - "Home for individual residential care" defined.
NRS 278.02376 - "Residential facility for groups" defined.
NRS 278.0239 - Supremacy of limits upon development established by certain special legislative acts.
NRS 278.025 - Powers of regional planning agency created by interstate compact.
NRS 278.02507 - Applicability.
NRS 278.02514 - Regional planning coalition: Establishment.
NRS 278.02521 - Legislative intent.
NRS 278.0261 - Legislative findings and declaration.
NRS 278.0262 - Regional planning commission: Creation; membership; chair; compensation; training.
NRS 278.0263 - Regional planning commission: Request for assistance.
NRS 278.0266 - Director of regional planning: Appointment; qualifications; powers and duties.
NRS 278.0268 - Appointment of subcommittees and advisory committees.
NRS 278.0272 - Development, review and amendment of regional plan; public hearings required.
NRS 278.0274 - Contents of regional plan.
NRS 278.0276 - Adoption of regional plan.
NRS 278.02784 - Joint planning area: Designation in regional plan; master plan required for area.
NRS 278.02786 - Joint planning area: Procedure for recommendation and adoption of master plan.
NRS 278.0284 - Conformity of local ordinances and regulations to master plan.
NRS 278.0288 - Exempted region.
NRS 278.029 - Facilities plan not required.
NRS 278.030 - Creation by cities and counties; number of members.
NRS 278.050 - Meetings; rules; records; continuances.
NRS 278.060 - Chair: Election; term.
NRS 278.070 - Additional officers; employees; consultants.
NRS 278.080 - Expenditures; operational needs.
NRS 278.090 - Regional planning commission: Creation; selection of representatives.
NRS 278.110 - Regional planning commission: Chair; employees.
NRS 278.120 - Regional planning commission: Appropriation of money for expenses.
NRS 278.140 - Regional planning districts: Formation and functions.
NRS 278.145 - Report of location of utility project.
NRS 278.160 - Elements of master plan.
NRS 278.165 - Development and adoption of aboveground utility plan.
NRS 278.170 - Coordination of master plans; adoption of all or parts.
NRS 278.185 - Notice of plan for future construction of school.
NRS 278.200 - Form of master plan.
NRS 278.230 - Governing body to put adopted master plan into effect.
NRS 278.250 - Zoning districts and regulations.
NRS 278.253 - Ordinance for zoning of tiny houses. [Effective January 1, 2024.]
NRS 278.262 - Hearing examiners: Power of governing body to appoint.
NRS 278.263 - Hearing examiners: Compensation; qualifications; removal.
NRS 278.264 - Hearing examiners: Rules of procedure.
NRS 278.280 - Members: Appointment; compensation; terms; removal; vacancies.
NRS 278.290 - Meetings, rules and records.
NRS 278.319 - Granting of minor deviations without hearing; appeal of decision.
NRS 278.320 - "Subdivision" defined; exemptions for certain land.
NRS 278.327 - Approval of map does not preclude further division.
NRS 278.329 - Relief from requirement to dedicate certain easements.
NRS 278.346 - Tentative map to be forwarded to school board; acquisition or disposal of school site.
NRS 278.347 - Review of tentative map by general improvement district.
NRS 278.353 - Disclosure required when property offered for sale before final map recorded.
NRS 278.371 - Survey, setting of monuments and preparation of final map; performance bond.
NRS 278.372 - Final map: Requirements and contents.
NRS 278.373 - Certificates and acknowledgments to appear on final map.
NRS 278.374 - Certificate of owner of land; report and guarantee of title company.
NRS 278.375 - Certificate of professional land surveyor.
NRS 278.376 - Certificate by county or city surveyor or by county or city engineer.
NRS 278.385 - Approval of final map: Submission of plans to install water meters.
NRS 278.450 - Fee for recording final map.
NRS 278.461 - General requirements; exemptions.
NRS 278.462 - Requirements which may be imposed by governing body.
NRS 278.4625 - Minimum size of mobile home lot.
NRS 278.463 - Survey required; exception.
NRS 278.466 - Form and contents of parcel map; reference to parcel number and recording.
NRS 278.468 - Duties of preparer of parcel map upon approval; duties of county recorder.
NRS 278.471 - Divisions of land subject to NRS 278.471 to 278.4725, inclusive; exemption.
NRS 278.4713 - Preparation, contents and filing of tentative map; affidavit required.
NRS 278.4715 - Waiver of requirement to file tentative map; designation of easements.
NRS 278.472 - Final map: Filing; form and contents.
NRS 278.4781 - "Landscaping" defined.
NRS 278.4783 - "Public lighting" defined.
NRS 278.4785 - "Security wall" defined.
NRS 278.4787 - Assumption of maintenance by governing body.
NRS 278.479 - "Contiguous" defined.
NRS 278.4955 - Requirements for submitting map of reversion.
NRS 278.496 - Requirements for presenting map of reversion for recording.
NRS 278.4965 - Map of reversion must include certificate of approval from appropriate person.
NRS 278.4971 - "Apartment house" defined.
NRS 278.4973 - "Mobile home" defined.
NRS 278.4975 - "Mobile home lot" defined.
NRS 278.4977 - "Residential dwelling unit" defined.
NRS 278.4979 - Governing body may by ordinance require dedication of land for parks or playgrounds.
NRS 278.498 - Ordinance requiring dedication: Conformity to or adoption of plan for recreation.
NRS 278.4981 - Ordinance requiring dedication: Contents.
NRS 278.4983 - Residential construction tax.
NRS 278.4985 - Applicability to planned unit developments.
NRS 278.563 - "Construction committee" and "deed restriction" defined.
NRS 278.567 - Procedure when construction committee inoperative.
NRS 278.568 - Applicability to preexisting subdivisions.
NRS 278.569 - Reservation in map of right-of-way for existing irrigation ditch.
NRS 278.5692 - Approval of adjustments to boundary lines by governing body.
NRS 278.5697 - Validity of electronic documents.
NRS 278.575 - Program to allow independent contractors to review plans for and inspect buildings.
NRS 278.583 - National Electrical Code: Applicability; approval; modification.
NRS 278.585 - Compliance with appropriate city or county building code.
NRS 278.590 - Unlawful sale or transfer of divided land; penalties; remedies.
NRS 278.600 - Unlawful recording of map by recorder: Penalty.
NRS 278.640 - Applicability of NRS 278.640 to 278.675, inclusive.
NRS 278.650 - Requirements of plans and zoning regulations; enforcement; hearings.
NRS 278.655 - Purposes and goals of comprehensive physical planning.
NRS 278.660 - Notice to Governor of proposed building construction.
NRS 278.665 - Governor may contract for appropriate services.
NRS 278.670 - Duration of plans and zoning regulations imposed by Governor.
NRS 278.675 - Power of Governor to institute civil actions to remedy violations.
NRS 278.750 - Creation and administration; credit of interest and income; expenditure.
NRS 278.780 - Legislative findings and declaration.
NRS 278.784 - "Agency" defined.
NRS 278.786 - "Governing body" defined.
NRS 278.788 - "Planning commission" defined.
NRS 278.790 - "Region" defined.
NRS 278.791 - "Restricted gaming license" defined.
NRS 278.798 - Expenses of members and agency.
NRS 278.800 - Officers: Election; terms; vacancies.
NRS 278.804 - Quorum; voting; rules of procedure.
NRS 278.806 - Office; records; budget.
NRS 278.810 - Executive Officer; staff; attorney.
NRS 278.8125 - Permitted and conforming uses.
NRS 278.8127 - Exemption from and intendment of NRS 278.8125.
NRS 278.816 - Enforcement of ordinances, rules, regulations and policies; jurisdiction of courts.
NRS 278.818 - Violation of ordinance, rule or regulation: Penalty.
NRS 278.822 - Powers of local authorities subordinate to those of Agency.
NRS 278.828 - Unlawful contract or purchase by member of governing body; penalties.