A.B. 478
- *AB478*
ASSEMBLY BILL NO. 478–COMMITTEE
ON GOVERNMENT AFFAIRS
MARCH 19, 2025
____________
Referred to Committee on Government Affairs
SUMMARY—Revises provisions governing construction times in
certain counties and cities. (BDR 20-1091)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to construction; revising provisions relating to the
times during which residential construction work may
start in certain counties and cities; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law provides that if the board of county commissioners in a county 1
whose population is 700,000 or more (currently only Clark County) or the 2
governing body of a city which is located in such a county (currently the cities of 3
Boulder City, Henderson, Las Vegas, Mesquite and North Las Vegas) adopts an 4
ordinance restricting the hours in which construction work may begin in a 5
common-interest community, the hours for construction work in a declarant-6
controlled common-interest community must be allowed to begin at, but not earlier 7
than, 5 a.m. during the period beginning on April 1 and ending on September 30. 8
(NRS 244.3679, 268.4137) Sections 1 and 3 of this bill provide instead that if such 9
a board or governing body adopts an ordinance restricting the hours in which 10
residential construction work may begin, the hours for residential construction work 11
must be allowed to begin at, but not earlier than, 5 a.m. during the period beginning 12
on April 1 and ending on September 30. 13
Existing law provides that if, in a county whose population is 700,000 or more 14
(currently only Clark County), the governing body of a county or city adopts an 15
ordinance restricting the hours in which construction work may begin, a declarant-16
controlled common-interest community must not restrict the hours that construction 17
work may begin in the declarant-controlled common-interest community during the 18
period beginning on April 1 and ending on September 30 to hours other than those 19
set forth in the ordinance. (NRS 116.347) Section 2 of this bill instead provides that 20
these prohibitions apply to any common-interest community. 21
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244.3679 is hereby amended to read as 1
follows: 2
244.3679 1. If the board of county commissioners in a county 3
whose population is 700,000 or more adopts an ordinance restricting 4
the hours in which residential construction work [in a common-5
interest community] may begin, the hours for residential 6
construction work [in a declarant-controlled common-interest 7
community] must be allowed to begin at, but not earlier than, 5 a.m. 8
during the period beginning on April 1 and ending on September 30. 9
2. The provisions of subsection 1 apply regardless of whether 10
the residential construction work is in a common-interest 11
community. 12
3. As used in this section [: 13
(a) “Common-interest] , “common-interest community” has the 14
meaning ascribed to it in NRS 116.021. 15
[(b) “Declarant-controlled common-interest community” means 16
a common-interest community in which the original developer 17
controls a majority of the units.] 18
Sec. 2. NRS 116.347 is hereby amended to read as follows: 19
116.347 1. If, in a county whose population is 700,000 or 20
more, the governing body of a county or city in which a [declarant-21
controlled] common-interest community is located adopts an 22
ordinance restricting the hours in which construction work may 23
begin, the executive board shall not and the governing documents 24
must not restrict the hours that construction work may begin in the 25
[declarant-controlled] common-interest community during the 26
period beginning on April 1 and ending on September 30 to hours 27
other than those set forth in the ordinance. 28
2. The provisions of subsection 1 do not preclude the executive 29
board or the governing documents from restricting the hours that 30
construction work may begin: 31
(a) If a governing body of a county or city has not adopted an 32
ordinance restricting the hours in which construction work may 33
begin; or 34
(b) During the period beginning on October 1 and ending on 35
March 31. 36
3. If, in a county whose population is less than 700,000, the 37
governing body of a county or city in which a [declarant-controlled] 38
common-interest community is located adopts an ordinance 39
restricting the hours in which construction work may begin, the 40
executive board shall not and the governing documents must 41
not restrict the hours that construction work may begin in the 42
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- *AB478*
[declarant-controlled] common-interest community during the 1
period beginning on May 1 and ending on September 30 to hours 2
other than those set forth in the ordinance. 3
4. The provisions of subsection 3 do not preclude the executive 4
board or the governing documents from restricting the hours that 5
construction work may begin: 6
(a) If a governing body of a county or city has not adopted an 7
ordinance restricting the hours in which construction work may 8
begin; or 9
(b) During the period beginning on October 1 and ending on 10
April 30. 11
Sec. 3. NRS 268.4137 is hereby amended to read as follows: 12
268.4137 1. If the governing body of a city located in a 13
county whose population is 700,000 or more adopts an ordinance 14
restricting the hours that residential construction work may begin , 15
[in a common-interest community,] the hours for residential 16
construction work [in a declarant-controlled common-interest 17
community] must be allowed to begin at, but not earlier than, 5 a.m. 18
during the period beginning on April 1 and ending on September 30. 19
2. The provisions of subsection 1 apply regardless of whether 20
the residential construction work is in a common-interest 21
community. 22
3. As used in this section [: 23
(a) “Common-interest] , “common-interest community” has the 24
meaning ascribed to it in NRS 116.021. 25
[(b) “Declarant-controlled common-interest community” means 26
a common-interest community in which the original developer 27
controls a majority of the units.] 28
Sec. 4. This act becomes effective upon passage and approval. 29
H