S.B. 61
- *SB61*
SENATE BILL NO. 61–COMMITTEE ON GOVERNMENT AFFAIRS
(ON BEHALF OF CLARK COUNTY)
PREFILED NOVEMBER 20, 2024
____________
Referred to Committee on Government Affairs
SUMMARY—Revises provisions relating to the powers and duties
of certain cities relating to the annexation and
detachment of territory. (BDR 21-467)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: No.
CONTAINS UNFUNDED MANDATE (§ 3)
(REQUESTED BY AFFECTED LOCAL GOVERNMENT)
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to cities; requiring, under certain circumstances, a
board of county commissioners in certain counties to
appoint a public body to carry out certain duties of a
regional planning coalition; requiring certain cities to
adopt a program of annexation; creating a city annexation
and detachment commission in certain counties; setting
forth the powers and duties of the commission;
authorizing the governing body of certain cities to detach
territory using certain procedures; setting forth procedures
for the review of a proposal to annex or detach territory
by a commission in certain counties; revising procedures
relating to a proposal to annex territory in certain
counties; establishing procedures relating to a proposal by
certain cities to detach territory; repealing the authority of
certain cities to use certain alternative procedures to
annex territory; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
In a county whose population is 700,000 or more (currently Clark County), 1
existing law authorizes the board of county commissioners and the city council of 2
each of at least the three largest cities in the county to establish a regional planning 3
– 2 –
- *SB61*
coalition by cooperative agreement and, if established, develop a comprehensive 4
regional policy plan for the region. (NRS 278.02514, 278.02528) Section 2 of this 5
bill provides that, for the purposes of certain requirements and procedures relating 6
to the annexation or detachment of territory, if a regional planning coalition has not 7
been established, the board of county commissioners must appoint a similar public 8
body that is responsible for the development of comprehensive policy planning in 9
the region to carry out certain duties established for a regional planning coalition. 10
Existing law authorizes the governing body of a city located in a county whose 11
population is 700,000 or more to extend the corporate limits of the city by annexing 12
territory using certain procedures. (NRS 268.570-268.608) In a city located in a 13
county whose population is less than 700,000 (currently all counties other than 14
Clark County), existing law: (1) creates a city annexation commission which 15
reviews proposals for the annexation of territory and adopts procedures for 16
evaluating proposals to annex territory; and (2) authorizes a governing body of the 17
city to diminish, reduce or contract the corporate limits of the city by detaching 18
territory using certain procedures. (NRS 268.626-268.634, 268.664) Section 4 of 19
this bill creates a city annexation and detachment commission in each county 20
whose population is 700,000 or more, consisting of two members representing the 21
county and one member representing each city. Section 5 of this bill establishes the 22
powers and duties of the commission. Section 26 of this bill requires the initial 23
members of the commission to be appointed not later than January 1, 2026, and to 24
serve until December 31, 2026. Section 3 of this bill requires the governing body of 25
each city in such a county to adopt a program of annexation. 26
Section 15 of this bill authorizes the governing body of an incorporated city in 27
a county whose population is 700,000 or more (Cities of Las Vegas, Henderson, 28
North Las Vegas, Mesquite and Boulder City) to detach territory from the corporate 29
limits of the city using certain procedures. Section 18 of this bill authorizes the 30
governing body of the city to initiate detachment proceedings on its own motion or 31
upon the petition of the board of county commissioners or a majority of the owners 32
of real property of the territory sought to be detached. 33
To initiate detachment proceedings, section 6 of this bill requires the governing 34
body of the city to: (1) prepare a plan for the detachment of services and file a 35
report of the plan with the city clerk; and (2) file a petition for detachment with the 36
board of county commissioners. Section 6 requires the board of county 37
commissioners to pass a resolution approving, approving with conditions or 38
disapproving the petition and notify the city clerk of the resolution. If approved or 39
approved with conditions, section 6 requires the city clerk to notify the city 40
annexation and detachment commission created by section 4 not later than 7 days 41
after receiving this resolution. 42
Section 7 of this bill sets forth certain requirements for the plan for detachment 43
required by section 6. 44
Under existing law, a city in a county whose population is 700,000 or more that 45
wishes to initiate the annexation of territory must: (1) pass a resolution stating the 46
intent to consider the annexation; and (2) make plans for the extension of services 47
to the territory proposed to be annexed and prepare and file a report setting forth the 48
plans. (NRS 268.578, 268.584) Section 19 of this bill requires the city clerk to 49
transmit a copy of the resolution to the board of county commissioners. Section 16 50
of this bill requires the city clerk to notify the city annexation and detachment 51
commission created by section 4 of the intention of the governing body to initiate 52
an annexation not later than 7 days after this report setting forth the plans for the 53
extension of services is filed. Section 24 of this bill makes a conforming change to 54
refer to provisions that have been renumbered by section 16. 55
Sections 8 and 9 of this bill establish the process for the regional planning 56
coalition and city annexation and detachment commission to review any proposal to 57
annex or detach territory and requirements for the commission to hold a public 58
– 3 –
- *SB61*
hearing on the proposal. Section 10 of this bill sets forth the factors the commission 59
must consider when reviewing a proposal. Section 11 of this bill establishes 60
requirements for the commission to approve or disapprove a proposal. 61
If the city annexation and detachment commission approves a proposal to 62
annex or detach territory, section 20 of this bill requires the city clerk to provide 63
notice for a public hearing on the proposal. 64
Existing law requires the governing body of a city in a county whose 65
population is 700,000 or more to: (1) before a public hearing on a proposal to annex 66
territory, approve the report for the expansion of services and make the report 67
available to the public; and (2) at the public hearing, make an explanation of the 68
report. (NRS 268.588, 268.590) Section 21 of this bill removes the requirement for 69
the governing body to approve the report and instead requires the governing body 70
to make the report and findings of the commission available to the public. Sections 71
21 and 22 of this bill require the governing body to perform these actions for a 72
proposal to detach territory. 73
Existing law: (1) prohibits the governing body of a city in a county whose 74
population is 700,000 or more from annexing territory if a majority of the property 75
owners protest the annexation; and (2) authorizes the governing body to annex 76
territory if a majority of property owners do not protest the annexation by adopting 77
an ordinance at a regular or special meeting of the governing body. (NRS 268.592) 78
Section 12 of this bill: (1) establishes similar requirements for a proposal to detach 79
territory from a city in a county whose population is 700,000 or more; and (2) 80
requires the city clerk to file a certified copy of the ordinance and the map showing 81
the territory proposed to be detached and the boundaries of the city proposed to be 82
contracted with the county recorder. Section 13 of this bill establishes provisions 83
for the governing body of the city to determine any outstanding general obligations 84
of the city with respect to the detached territory. 85
Existing law establishes a method to determine the number and identity of 86
owners of real property of a territory proposed to be annexed by a city in a county 87
whose population is 700,000 or more. (NRS 268.594) Section 23 of this bill 88
expands this to owners of real property of a territory proposed to be detached. 89
Existing law authorizes certain persons who appear and protest or file a written 90
protest to an annexation by a city in a county whose population is 700,000 or more 91
to apply to a court for judicial relief. (NRS 268.604) Section 25 of this bill provides 92
that any person, city or county that protests an annexation or detachment may apply 93
for judicial relief. 94
Existing law authorizes a governing body of a city in a county whose 95
population is 700,000 or more to annex territory using certain alternative 96
procedures. (NRS 268.597) Section 28 of this bill repeals the provision authorizing 97
such procedures. Section 17 of this bill makes a conforming change to remove a 98
reference to these alternative procedures. 99
Section 14 of this bill defines certain terms relating to annexation and 100
detachment. 101
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 268 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 2 to 13, inclusive, of this 2
act. 3
Sec. 2. If a regional planning coalition has not been 4
established pursuant to NRS 278.02514, the board of county 5
– 4 –
- *SB61*
commissioners shall appoint a similar public body that is 1
responsible for the development of comprehensive policy planning 2
in the region to carry out any duty assigned to the regional 3
planning coalition pursuant to NRS 268.570 to 268.608, inclusive, 4
and sections 2 to 13, inclusive, of this act. 5
Sec. 3. 1. The governing body of each city in a county 6
whose population is 700,000 or more shall adopt a program of 7
annexation. The program must identify areas in any sphere of 8
influence of the city to be considered for annexation within the 9
next 7 years. The governing body shall not consider the 10
annexation of any area that is not within the designated sphere of 11
influence and is not included in its program of annexation. 12
2. Before adopting a program of annexation pursuant to 13
subsection 1, the governing body must hold one or more public 14
hearings. Notice of the time and place of the hearing must be 15
mailed to all owners of real property in the proposed program of 16
annexation. At the public hearing the governing body shall 17
consider: 18
(a) The location of any property to be considered for 19
annexation; 20
(b) The logical extension of city limits; 21
(c) The need for the expansion to accommodate planned 22
regional growth; 23
(d) The location of existing and planned water and sewer 24
service; 25
(e) Community goals that would be met by any proposed 26
annexation; 27
(f) The efficient and cost-effective provision of service areas 28
and capital facilities; and 29
(g) Any other factors concerning any proposed annexation 30
deemed appropriate for consideration by the governing body of the 31
city. 32
3. The governing body shall submit its program of 33
annexation adopted pursuant to subsection 1 to the regional 34
planning coalition and the county in which the city is located for 35
recommendations. 36
4. The regional planning coalition must certify that a 37
program of annexation adopted pursuant to subsection 1 conforms 38
with the comprehensive regional policy plan, if adopted pursuant 39
to NRS 278.02528, before the program is put into effect. The city 40
may appeal an adverse determination of the regional planning 41
coalition by filing an objection within 45 days after the issuance of 42
that determination. The objection must include the reasons why 43
the program of annexation conforms with the comprehensive 44
– 5 –
- *SB61*
regional policy plan, if a comprehensive regional policy plan has 1
been adopted. 2
5. The regional planning coalition shall consider any appeal 3
filed pursuant to subsection 4 and issue its final determination of 4
conformance or nonconformance within 45 days after the 5
objection is filed. 6
6. After the regional planning coalition certifies the program 7
of annexation pursuant to subsection 4, any facilities plan, capital 8
improvement program, development project or location of facilities 9
by a county, city, annexation commission, regional planning 10
coalition or any other affected entity must be consistent with the 11
certified program of annexation. 12
Sec. 4. 1. There is hereby created, in each county of the 13
State whose population is 700,000 or more, a city annexation and 14
detachment commission which consists of members to be 15
appointed as follows: 16
(a) Two members representing the county, one of whom must 17
be the chair of the board of county commissioners and the other a 18
member of the board to be chosen by the board. 19
(b) One member representing each city, who must be a 20
member of the governing body of the city to be chosen by the 21
governing body. 22
2. Except as otherwise provided in this subsection, the 23
members of the city annexation and detachment commission serve 24
for terms of 2 years. Any member who ceases to be a member of 25
the body from which the member was chosen ceases to be a 26
member of the commission. A vacancy must be filled for the 27
remainder of the unexpired term by the body which made the 28
original selection. 29
3. The members of the city annexation and detachment 30
commission: 31
(a) Shall elect a chair and vice chair of the commission from 32
among the members; and 33
(b) Serve without compensation. 34
4. The representative of any city incorporated on or after 35
October 1, 2025, must be selected within 30 days after the first 36
meeting of the governing body and must serve until the next 37
ensuing December 31 of an even-numbered year until the 38
selection and qualification of his or her successor. 39
5. The governing body of a county and each city in the county 40
may execute an interlocal agreement to transfer the duties of the 41
city annexation and detachment commission to the regional 42
planning coalition. 43
Sec. 5. 1. The commission shall: 44
– 6 –
- *SB61*
(a) Except as otherwise provided in NRS 268.581, review and 1
approve or disapprove, with or without amendment, wholly, 2
partially or conditionally, proposals for the annexation or 3
detachment of territory to cities within the county; 4
(b) Adopt procedures for the evaluation of proposals for the 5
annexation or detachment of territory to cities within the county; 6
and 7
(c) On or before July 1 of each year, prepare and adopt a 8
budget for the immediately succeeding fiscal year and submit that 9
budget to the governing body of the county as a recommendation 10
for funding. 11
2. The commission may employ persons, contract for services 12
necessary or incur usual and necessary expenses for the 13
performance of its duties and functions specified in NRS 268.570 14
to 268.608, inclusive, and sections 2 to 13, inclusive, of this act. 15
Sec. 6. 1. The governing body of any city may, by 16
ordinance, detach and sever from the city any territory within the 17
corporate limits of the city subject to the provisions of this section. 18
To initiate the detachment of any territory on its own motion or 19
upon petition as set forth in NRS 268.582, the governing body 20
shall: 21
(a) Prepare and file with the city clerk a report of a plan for 22
the detachment of services to the territory that complies with the 23
requirements of section 7 of this act; and 24
(b) After filing the report pursuant to paragraph (a), file a 25
petition for detachment with the board of county commissioners 26
which must include: 27
(1) An accurate map or plat made and certified by a 28
licensed surveyor showing the boundaries of the territory proposed 29
to be detached and the boundaries of the city proposed to be 30
contracted; 31
(2) The report of the plan for the detachment of services 32
prepared pursuant to paragraph (a); and 33
(3) A brief statement of the reasons for the proposed 34
detachment. 35
2. Not later than 60 days after receiving a petition for 36
detachment pursuant to subsection 1, the board of county 37
commissioners shall pass a resolution approving the detachment, 38
approving the detachment with conditions or disapproving the 39
detachment. The board of county commissioners shall notify the 40
city clerk not later than 5 days after passing the resolution. 41
3. If the detachment is approved or approved with conditions, 42
not later than 7 days after receiving notice of the resolution 43
pursuant to subsection 2, the city clerk shall file with the 44
commission a notice of the intention of the governing body to 45
– 7 –
- *SB61*
initiate the detachment, which must include, without limitation, 1
the resolution passed by the board of county commissioners and 2
the report required by subsection 1. 3
4. If the board of county commissioners disapproves the 4
detachment, the governing body shall not initiate the detachment 5
of the same or substantially the same territory for at least 1 year 6
after the date of the resolution disapproving the detachment. 7
Sec. 7. The report of the plan for detachment required by 8
section 6 of this act must include, without limitation: 9
1. An accurate map or plat of the area to be detached made 10
and certified by a licensed surveyor showing: 11
(a) The boundaries of the territory proposed to be detached; 12
(b) The existing boundaries of the city and the boundaries 13
proposed to be contracted; and 14
(c) The location of the streets, sewers and water lines in the 15
city; 16
2. A map of the existing land use plan of: 17
(a) The city for the territory proposed to be detached; and 18
(b) The county for the area surrounding the territory proposed 19
to be detached; 20
3. A schedule of the municipal services that are provided by 21
the city to the territory proposed to be detached, including, without 22
limitation, police protection, fire protection, ambulance, street 23
maintenance and garbage collection; and 24
4. Whether any of the parcels in the territory proposed to be 25
detached belong to a local or special improvement district or a 26
redevelopment area created pursuant to chapter 279 of NRS. 27
Sec. 8. 1. Not later than 5 days after a notice is filed with 28
the commission pursuant to subsection 2 of NRS 268.578 or 29
subsection 3 of section 6 of this act, the executive officer of the 30
commission shall transmit a copy of the notice to: 31
(a) The regional planning coalition that has jurisdiction over 32
the area proposed to be annexed or detached, if the duties of the 33
commission have not been transferred to the regional planning 34
coalition pursuant to subsection 5 of section 4 of this act; and 35
(b) The board of county commissioners of the county that has 36
jurisdiction over the area proposed to be annexed or detached. 37
2. Not later than 30 days after receiving the notice from the 38
commission pursuant to subsection 1, the regional planning 39
coalition shall review the proposed annexation or detachment in 40
light of any master plan adopted by the regional planning 41
coalition and any other information in the possession of the 42
regional planning coalition and report its findings to the 43
commission. 44
– 8 –
- *SB61*
3. The commission may request the advice and shall consider 1
the master plan of any city planning commission or county 2
planning commission or staff thereof, city council or board of 3
county commissioners whose territory is located not more than 7 4
miles from the territory proposed to be annexed or detached. 5
Sec. 9. After receiving the report of the regional planning 6
coalition and not more than 60 days after the receipt of the notice 7
of intention to annex or detach, the commission shall set the date, 8
time and place for a public hearing on the proposal and shall 9
provide notice of the date, time and place of the public hearing not 10
less than 15 days before the date set for the public hearing to: 11
1. The board of county commissioners; 12
2. Each city within 7 miles of the exterior boundaries of the 13
territory proposed to be annexed or detached; 14
3. Any interested person who has filed a written request with 15
the executive officer of the commission for notice; and 16
4. The proponents of the annexation. 17
Sec. 10. When reviewing a proposal to annex or detach 18
territory, the factors that must be considered by the commission 19
include, without limitation: 20
1. For an annexation or detachment: 21
(a) The population, population density, land area and land 22
uses, per capita assessed valuation, topography, including natural 23
boundaries and drainage basins, proximity to other populated 24
areas and the likelihood of significant growth in the area and in 25
adjacent incorporated and unincorporated areas during the next 26
10 years; 27
(b) The need for organized community services, the present 28
cost and adequacy of governmental services and controls in the 29
area, probable future needs for such services and controls and the 30
probable effect of the proposed formation and of alternative 31
courses of action on the cost and adequacy of services and 32
controls in the area and adjacent areas; 33
(c) The effect of the proposed annexation or detachment and 34
of alternative actions upon the availability and requirement of 35
water and other natural resources throughout the affected area; 36
(d) The effect of the proposed annexation or detachment and 37
of alternative actions on adjacent areas, on mutual social and 38
economic interests and on the local government structure of the 39
county; and 40
(e) The report of the plan for the extension of services required 41
by NRS 268.578 or the report of the plan for the detachment of 42
services required by section 6 of this act, as applicable; and 43
2. For an annexation, in addition to the factors described in 44
subsection 1: 45
– 9 –
- *SB61*
(a) Any determination by the United States Bureau of Land 1
Management that the territory proposed to be annexed is suitable 2
for residential, commercial or industrial development, or will be 3
opened to private acquisition; and 4
(b) The consistency of the annexation proposal with any 5
applicable comprehensive regional plan, area plan or master plan 6
and the program of annexation adopted and certified pursuant to 7
section 3 of this act. 8
Sec. 11. 1. Upon the conclusion of the public hearing held 9
by the commission on a proposal to annex or detach territory, the 10
commission may take the matter under consideration and shall not 11
later than 30 days after the conclusion of the public hearing, 12
present its determination on the proposal. The commission may 13
also adjourn a public hearing to another date, which must not be 14
more than 30 days after the date of the first hearing. 15
2. If the commission determines that a proposal for 16
annexation is prohibited by NRS 268.581, the commission shall 17
disapprove the proposal. 18
3. If a comprehensive regional policy plan has been 19
developed pursuant to NRS 278.02528 for the region in which the 20
commission is located, the commission shall: 21
(a) Disapprove a proposal for annexation or detachment that 22
is determined by the regional planning coalition to be inconsistent 23
with the comprehensive regional policy plan or with the program 24
of annexation adopted and certified pursuant to section 3 of this 25
act; or 26
(b) Except as otherwise provided in subsection 2, approve a 27
proposal for annexation or detachment that is consistent with the 28
comprehensive regional policy plan and the program of 29
annexation adopted and certified pursuant to section 3 of this act. 30
4. If the commission: 31
(a) Approves the annexation or detachment, the proceedings 32
on the proposal may be continued in accordance with the 33
provisions of NRS 268.570 to 268.608, inclusive, and sections 2 to 34
13, inclusive, of this act. 35
(b) Except as otherwise provided in subsection 5, disapproves 36
the annexation or detachment, further proceedings on the 37
proposal must terminate. 38
5. Not later than 5 days after the final determination of the 39
commission, notice of the final determination of the commission 40
must be sent to the clerk of the governing body of the city to which 41
the annexation or detachment is pending, which must include, 42
without limitation, the findings of fact of the commission upon 43
which the determination was based. 44
– 10 –
- *SB61*
6. If a county and affected cities have executed an interlocal 1
agreement to transfer the duties of the commission to the regional 2
planning coalition, a county or city may appeal a determination of 3
the regional planning coalition by filing an objection with the 4
regional planning coalition not later than 45 days after the 5
issuance of the determination, which must include, without 6
limitation, the reasons why the plan is in conformance with the 7
comprehensive regional policy plan. The regional planning 8
coalition shall consider the objection and issue its final 9
determination of conformance or nonconformance not later than 10
45 days after the objection is filed. 11
7. If the commission disapproves the annexation or 12
detachment, notice of intention to annex or detach the same or 13
substantially the same territory to that city may not be filed with 14
the commission for at least 1 year after the date of the final 15
determination. 16
Sec. 12. 1. If a majority of the property owners: 17
(a) Protest the detachment, either orally at the public hearing 18
or in writing within 15 days after the conclusion of the public 19
hearing, the governing body of the city shall not detach in that 20
proceeding any part of the territory described in the notice. This 21
provision does not preclude a subsequent proceeding with respect 22
to all or part of that territory if that proceeding is commenced 23
more than 1 year after the date of the public hearing. 24
(b) Do not protest the annexation in the manner or within the 25
time limited by paragraph (a), the governing body may proceed 26
with the detachment pursuant to subsection 2. 27
2. At any regular or special meeting thereof held not earlier 28
than 16 days and not later than 90 days after the conclusion of the 29
public hearing, the governing body of the city may adopt an 30
ordinance detaching the territory described in the notice of the 31
public hearing pursuant to NRS 268.586 and which the governing 32
body has determined should be detached. 33
3. At a meeting held pursuant to subsection 2, the governing 34
body may amend the report required by section 6 of this act to 35
make changes in the plan for the detachment of services to the 36
area proposed to be detached if the changes meet the requirements 37
of section 7 of this act. 38
4. If the ordinance to detach is passed by the governing body 39
pursuant to subsection 2, the city clerk shall file a certified copy of 40
the map filed in accordance with section 6 of this act and the 41
ordinance with the county recorder of the county. Upon such 42
filing, the change in the boundaries of the city shall be deemed 43
complete and the territory detached. 44
– 11 –
- *SB61*
Sec. 13. If the territory is detached from a city pursuant to 1
section 12 of this act, the governing body shall provide for a 2
proportion of any outstanding general obligations of the city as the 3
assessed valuation of property in the territory bears to the total 4
assessed valuation of property in the city and for the proportion of 5
any obligations secured by the pledge of revenues from a public 6
improvement as the revenue arising within the territory bears to 7
the total revenue from the public improvement as follows: 8
1. If the territory is annexed to another city, the proportionate 9
obligation must be assumed according to its terms by the annexing 10
city; 11
2. If the territory is not annexed to another city, the board of 12
county commissioners shall levy taxes upon all taxable property in 13
the district, sufficient to discharge the proportionate general 14
obligation according to its terms; or 15
3. Where substantially all of the physical improvements for 16
which the obligation was incurred are within the territory 17
remaining, and with the consent of the governing body of the city 18
from which the territory was detached and the holders of the 19
obligations, the entire obligation may be assumed by the city and 20
the detached territory released from the obligation. 21
Sec. 14. NRS 268.574 is hereby amended to read as follows: 22
268.574 As used in NRS 268.570 to 268.608, inclusive [:] , 23
and sections 2 to 13, inclusive, of this act: 24
1. “City” means an incorporated city. 25
2. “Commission” means a city annexation and detachment 26
commission created pursuant to section 4 of this act or, in a 27
county which has entered into an interlocal agreement pursuant to 28
subsection 5 of section 4 of this act, the regional planning 29
coalition. 30
3. “Contiguous” means either abutting directly on the boundary 31
of the annexing municipality or separated from the boundary thereof 32
by a street, alley, public right-of-way, creek, river or the right-of-33
way of a railroad or other public service corporation, or by lands 34
owned by the annexing municipality, by some other political 35
subdivision of the State or by the State of Nevada. 36
4. “Executive officer” means: 37
(a) With respect to a city annexation and detachment 38
commission, the county manager or similar administrative officer 39
of the county; and 40
(b) With respect to a city annexation and detachment 41
commission in a county that has executed an interlocal agreement 42
pursuant to subsection 5 of section 4 of this act, the head or 43
similar administrative officer of the regional planning coalition. 44
– 12 –
- *SB61*
[2.] 5. “Lot or parcel” means any tract of land of sufficient size 1
to constitute a legal building lot as determined by the zoning 2
ordinance of the county in which the territory proposed to be 3
annexed is situated. If such county has not enacted a zoning 4
ordinance, the question of what constitutes a building lot shall be 5
determined by reference to the zoning ordinance of the annexing 6
municipality. 7
[3.] 6. “Majority of the property owners” in a territory means 8
the record owners of real property: 9
(a) Whose combined value is greater than 50 percent of the total 10
value of real property in the territory, as determined by assessment 11
for taxation; and 12
(b) Whose combined area is greater than 50 percent of the total 13
area of the territory, excluding lands held by public bodies. 14
[4.] 7. “Regional planning coalition” means the regional 15
planning coalition established pursuant to NRS 278.02514 or a 16
public body appointed by the governing body of a city pursuant to 17
section 2 of this act. 18
8. “Sphere of influence” means an area into which a city 19
plans to expand. 20
9. A lot or parcel of land is “used for residential purposes” if it 21
is 5 acres or less in area and contains a habitable dwelling unit of a 22
permanent nature. 23
Sec. 15. NRS 268.576 is hereby amended to read as follows: 24
268.576 The governing body of any incorporated city, whether 25
incorporated or governed under a general act, special legislative act 26
or special charter enacted, adopted or granted pursuant to either 27
Section 1 or Section 8 of Article 8 of the Constitution of the State of 28
Nevada, may extend the corporate limits of such city or detach 29
territory from the corporate limits of such city under the procedures 30
[or alternative procedures] set forth in NRS 268.570 to 268.608, 31
inclusive [.] , and sections 2 to 13, inclusive, of this act. 32
Sec. 16. NRS 268.578 is hereby amended to read as follows: 33
268.578 [Any] 34
1. Upon initiating annexation proceedings pursuant to NRS 35
268.584 using any of the methods set forth in NRS 268.582, any 36
city exercising authority to annex territory under NRS 268.570 to 37
268.608, inclusive, and sections 2 to 13, inclusive, of this act shall 38
make plans for the extension of services to the territory proposed to 39
be annexed and shall [, at least 20 days before the public hearing 40
provided for in NRS 268.590,] prepare and file with its city clerk a 41
report setting forth the plans to provide services to the territory. The 42
report must include: 43
– 13 –
- *SB61*
[1.] (a) An accurate map or plat of the territory proposed to be 1
annexed, prepared under the supervision of a competent surveyor or 2
engineer. 3
[2.] (b) A map or maps of the city and the adjacent territory to 4
show the following information: 5
[(a)] (1) The present and proposed boundaries of the annexing 6
city. 7
[(b)] (2) The present streets and sewer interceptors and outfalls 8
and, if the annexing city operates its own water system or furnishes 9
other utility services, the present major trunk water lines and other 10
utility lines. 11
[(c)] (3) The proposed extensions of the present streets, sewer 12
interceptors and outfalls, major trunk water mains and utility lines, 13
as the case may be, as required in [subsection 4.] paragraph (d). 14
[(d)] (4) The present and proposed general land use pattern in 15
the territory proposed to be annexed. 16
[3.] (c) A statement showing that the territory proposed to be 17
annexed meets the requirements of NRS 268.580. 18
[4.] (d) A statement setting forth the plans of the annexing city 19
for extending into the territory proposed to be annexed each major 20
municipal service performed within the annexing city at the time of 21
annexation. Specifically, such plans: 22
[(a)] (1) Must provide for extending police protection, fire 23
protection, street maintenance and garbage collection to the territory 24
proposed to be annexed on the effective date of the annexation, on 25
substantially the same basis and in the same manner as such services 26
were provided by the annexing city to the property owners and 27
residents within the remainder of the city immediately before the 28
effective date of the annexation. 29
[(b)] (2) Must provide for the extension of streets, sewer 30
interceptors and outfalls and other major municipal services into the 31
territory proposed to be annexed so that when the streets and utility 32
services are so extended, property owners and residents in the 33
territory proposed to be annexed will be able to secure such 34
services, according to the policies in effect in the annexing city for 35
furnishing such services to individual lots or subdivisions. 36
[(c)] (3) May provide that the extension of streets, sewer 37
interceptors and outfalls and other major municipal services be done 38
at the expense of the property owners in the territory proposed to be 39
annexed, if it is the policy of the annexing city, at the time of the 40
annexation, to furnish such services to individual lots or 41
subdivisions at the expense of the property owners, either by means 42
of special assessment districts or the requirement of the dedication 43
of essential rights-of-way and the installation of off-site 44
improvements as a prerequisite to the approval of subdivision plats 45
– 14 –
- *SB61*
or to the issuance of any building permit, rezoning, zone variance or 1
special use permit. In that event, the plans must designate which 2
services, or portions thereof, will be extended at the expense of the 3
annexing city and which services, or portions thereof, will be 4
extended at the expense of the property owners. Services extended 5
at the property owners’ cost must be distributed and allocated to 6
each parcel of property based on current costs, including both 7
improvement costs and projected service costs, and must be a part of 8
the annexation plan prepared by the municipality. 9
[(d)] (4) Must, if the extension of any streets, sewer interceptors 10
and outfalls or other major municipal services into the territory 11
proposed to be annexed is to be done at the expense of the annexing 12
city, set forth a proposed schedule for the construction of the 13
extensions as soon as possible following the effective date of the 14
annexation. In any event, the plans must call for contracts to be let 15
and construction to begin within 24 months following the effective 16
date of the annexation. 17
[(e)] (5) Must set forth the method under which the annexing 18
city plans to finance the extension of any services into the territory 19
proposed to be annexed which is to be done at the expense of the 20
annexing city. 21
2. Not later than 7 days after the report required by this 22
section is filed with the city clerk, the city clerk shall file with the 23
commission a notice of the intention of the governing body to 24
initiate the annexation, which must include, without limitation, 25
the resolution passed pursuant to NRS 268.584 and the report 26
prepared pursuant to this section. 27
Sec. 17. NRS 268.581 is hereby amended to read as follows: 28
268.581 1. Except as otherwise provided in subsection 2, the 29
governing body of a city shall not annex into the corporate limits of 30
the city territory that: 31
(a) Is conveyed or transferred to the county, or authorized to be 32
conveyed or transferred to the county, pursuant to a federal law that: 33
(1) Is enacted after January 1, 2000; and 34
(2) Conveys or transfers to the county, or authorizes to be 35
conveyed or transferred to the county, at least 5,000 acres for the 36
purpose of: 37
(I) Developing an airport and any related infrastructure; 38
or 39
(II) Addressing noise compatibility issues related to an 40
airport; or 41
(b) Is located not more than 1 mile from any territory described 42
in paragraph (a). 43
2. The governing body of a city may annex into the corporate 44
limits of the city any territory described in subsection 1 if, in 45
– 15 –
- *SB61*
addition to the governing body of the city complying with the 1
procedures for annexation set forth in NRS [268.578] 268.570 to 2
[268.596,] 268.608, inclusive, [or the alternative procedures set 3
forth in NRS 268.597,] and sections 2 to 13, inclusive, of this act, 4
one of the following circumstances apply: 5
(a) The annexation is approved by a resolution of the board of 6
county commissioners of the county; 7
(b) The annexation occurs before May 29, 2023; 8
(c) The annexation occurs before the effective date of the federal 9
law which causes the territory to satisfy the criteria set forth in 10
subsection 1; or 11
(d) The territory is located within the boundaries of an area 12
subject to an interlocal agreement between the governing body of 13
the city and the board of county commissioners for joint land use 14
planning which has a term of not less than 5 years. 15
Sec. 18. NRS 268.582 is hereby amended to read as follows: 16
268.582 [In addition to initiating] The governing body of any 17
city may initiate annexation or detachment proceedings [on its own 18
motion pursuant to NRS 268.584, the governing body of any city 19
shall commence action] in accordance with the provisions of NRS 20
[268.584] 268.570 to [268.590,] 268.608, inclusive, [upon] and 21
sections 2 to 13, inclusive, of this act: 22
1. On its own motion; 23
2. Upon the petition of the board of county commissioners ; [,] 24
or [upon] 25
3. Upon the petition of a majority of [the] : 26
(a) For an annexation, the owners of real property in an 27
unincorporated area developed for urban purposes which is 28
approximately described in the petition. 29
(b) For a detachment, the owners of real property of the 30
territory sought to be detached. 31
Sec. 19. NRS 268.584 is hereby amended to read as follows: 32
268.584 [The] 33
1. To initiate annexation proceedings on its own motion or 34
upon petition as set forth in NRS 268.582, the governing body of 35
any city desiring to annex territory under the provisions of NRS 36
268.570 to 268.608, inclusive, and sections 2 to 13, inclusive, of 37
this act, shall [first pass] : 38
(a) Pass a resolution stating the intent of the city to consider the 39
annexation. The resolution must: 40
[1.] (1) Describe the boundaries of the territory proposed to be 41
annexed; 42
[2.] (2) Fix the date for a public hearing on the question of 43
annexation, which must not be less than 30 days nor more than 60 44
days following the passage of the resolution; and 45
– 16 –
- *SB61*
[3.] (3) Direct that notice of the public hearing be given in the 1
manner provided in NRS 268.586 [.] ; and 2
(b) Make plans for the extension of services to the territory 3
proposed to be annexed in accordance with NRS 268.578. 4
2. The city clerk shall transmit a copy of the resolution passed 5
pursuant to subsection 1 to the board of county commissioners. 6
Sec. 20. NRS 268.586 is hereby amended to read as follows: 7
268.586 1. Upon receiving notice from the commission that 8
a proposal to attach or detach territory has been approved 9
pursuant to section 11 of this act, the city clerk shall set a date, 10
time and place for a public hearing on the proposal and post 11
notice of the public hearing. The notice of public hearing must: 12
(a) Fix the date, hour and place of the public hearing. 13
(b) Describe accurately the territory proposed to be annexed [.] 14
or detached. 15
(c) State that the report required in NRS 268.578 or section 6 of 16
this act, as applicable, will be available at the office of the city clerk 17
of the [annexing] city at least 20 days before the date of the public 18
hearing. 19
(d) Contain a list of the names and addresses of all record 20
owners of real property within the territory proposed to be annexed 21
[.] or detached. 22
(e) Contain a statement to the effect that unless a majority of the 23
property owners in the territory proposed to be annexed or detached 24
protest the annexation [,] or detachment, as applicable, either orally 25
at the public hearing or in writing within 15 days after the 26
conclusion of the public hearing, the governing body may adopt an 27
ordinance : 28
(1) If annexing, extending the corporate limits of the 29
[annexing] city to include all, or any part, of the territory described 30
in the notice [.] ; and 31
(2) If detaching, contracting the corporate limits of the city 32
to detach all, or any part, of the territory described in the notice. 33
2. Any record owner of real property within the territory 34
proposed to be annexed or detached may: 35
(a) Appear and be heard at the public hearing; 36
(b) File with the city clerk of the [annexing] city a written 37
protest to the annexation or detachment at any time within 15 days 38
after the conclusion of the public hearing; or 39
(c) Do both. 40
3. The notice must be given by publication in a newspaper of 41
general circulation in the territory proposed to be annexed [,] or 42
detached, or, if there is none, in a newspaper of general circulation 43
published in the county. If no such newspapers are published, a copy 44
of the notice must be posted at the front door of the city hall or the 45
– 17 –
- *SB61*
county courthouse and in at least two conspicuous places in the 1
territory proposed to be annexed or detached for not less than 20 2
days before the public hearing. The first publication of the notice 3
must be at least 20 days before the date set for the public hearing, 4
and three publications in a newspaper published at least once a week 5
are sufficient, but the first and last publication must be at least 6 6
days apart. The period of notice commences upon the first day of 7
publication and terminates either upon the day of the third 8
publication or at the end of the 20th day, including therein the first 9
day, whichever period is longer. At the time of the first publication, 10
the city clerk of the [annexing] city shall send a copy of the notice 11
by certified mail, return receipt requested, to each record owner of 12
real property within the territory proposed to be annexed [.] or 13
detached. 14
Sec. 21. NRS 268.588 is hereby amended to read as follows: 15
268.588 At least 20 days before the date of the public hearing, 16
the governing body of the [annexing] city shall [approve] make the 17
report [provided for in] required by NRS 268.578 [and shall make 18
the same] or section 6 of this act, as applicable, and the findings of 19
the commission available to the public at the office of the city clerk. 20
In addition, the governing body may direct the preparation of a 21
summary of the full report for public distribution with the notice of 22
the public hearing and at such hearing. 23
Sec. 22. NRS 268.590 is hereby amended to read as follows: 24
268.590 1. At the public hearing a representative of the 25
[annexing] city shall first make an explanation of the report 26
[provided for in] required by NRS 268.578 [.] or section 6 of this 27
act, as applicable. 28
2. Following such explanation, any record owner of real 29
property within the territory proposed to be annexed or detached 30
shall be given an opportunity to be heard. 31
3. Any protest to such annexation or detachment shall be 32
deemed waived unless the same is presented verbally at such public 33
hearing, or is filed in writing with the city clerk of the [annexing] 34
city within 15 days after the conclusion of such public hearing. In 35
the case of mailed protests, the postmark on the envelope shall be 36
deemed to be the date of filing. 37
Sec. 23. NRS 268.594 is hereby amended to read as follows: 38
268.594 1. Whenever it is necessary for the purposes of NRS 39
268.570 to 268.608, inclusive, and sections 2 to 13, inclusive, of 40
this act to determine the number or identity of the record owners of 41
real property in a territory proposed to be annexed [,] or detached, a 42
list of such owners, certified by the county assessor on any date 43
between the institution of the proceedings, as provided in NRS 44
268.584 [,] or section 6 of this act, and the public hearing, as 45
– 18 –
- *SB61*
provided in NRS 268.590, both dates inclusive, shall be prima facie 1
evidence that only those persons named thereon are such owners. 2
2. A petition or protest is sufficient for the purposes of NRS 3
268.570 to 268.608, inclusive, and sections 2 to 13, inclusive, of 4
this act as to any lot or parcel of real property which is owned: 5
(a) As community property, if it is signed by one spouse. 6
(b) By two persons, either natural or artificial, other than as 7
community property, if signed by both such owners. 8
(c) By more than two persons, either natural or artificial, if 9
signed by a majority of such owners. 10
(d) Either wholly or in part, by an artificial person, if it is signed 11
by an authorized agent and accompanied by a copy of such 12
authorization. 13
Sec. 24. NRS 268.602 is hereby amended to read as follows: 14
268.602 1. If, not earlier than 24 months after the effective 15
date of the annexation, and not later than 27 months after the 16
effective date of the annexation, any record owner of real property 17
in the annexed territory believes that the annexing city has failed to 18
follow through on its service plans, adopted under the provisions of 19
[paragraphs (a)] subparagraphs (1) and [(d)] (4) of paragraph (d) 20
of subsection [4] 1 of NRS 268.578, with respect to extensions of 21
services to be made at the expense of the annexing city, the property 22
owner may apply to the district court having jurisdiction of the 23
annexing territory for a writ of mandamus to compel the extension 24
of those services. 25
2. The court may grant the relief prayed for in the application 26
if: 27
(a) The annexing city has not provided the services set forth in 28
its plan submitted under the provisions of subparagraph (1) of 29
paragraph [(a)] (d) of subsection [4] 1 of NRS 268.578, on 30
substantially the same basis and in the same manner as such services 31
were provided by the annexing city to the property owners and 32
residents within the remainder of the city on the effective date of the 33
annexation; and 34
(b) At the time the writ is sought, the services set forth in the 35
plan submitted under the provisions of subparagraph (1) of 36
paragraph [(a)] (d) of subsection [4] 1 of NRS 268.578 are still 37
being provided to the property owners and residents within the 38
remainder of the city on substantially the same basis and in the same 39
manner as on the effective date of the annexation. 40
3. The court may also grant the relief prayed for in the 41
application if: 42
(a) The plans submitted under the provisions of subparagraph 43
(4) of paragraph (d) of subsection [4] 1 of NRS 268.578 require the 44
– 19 –
- *SB61*
extension of any services into the annexed territory to be made at 1
the expense of the annexing city; 2
(b) Contracts have not been let and construction has not begun; 3
and 4
(c) The applicant demonstrates that the need still exists for the 5
extension of those services into the annexed territory. 6
4. If a writ is made permanent, the cost in the action, including 7
reasonable attorney’s fees for the aggrieved person, must be 8
assessed against the annexing city. 9
Sec. 25. NRS 268.604 is hereby amended to read as follows: 10
268.604 1. Any person , city or county appearing and 11
protesting [such] an annexation or detachment at the public 12
hearing, as provided in NRS 268.590, or any person , city or county 13
filing with the city clerk of the annexing or detaching city a written 14
protest to such annexation or detachment, as applicable, within 15 15
days after the conclusion of such public hearing, who believes that 16
[he or she] the person, city or county will suffer material injury, by 17
reason of the failure of the governing body of the [annexing] city to 18
comply with the procedure set forth in NRS 268.570 to 268.608, 19
inclusive, and sections 2 to 13, inclusive, of this act or , for an 20
annexation, to meet the requirements set forth in NRS 268.580 or 21
268.581, if applicable, as the same applies to [his or her] the 22
property [,] of the person, city or county, shall have the right, within 23
30 days from the date of the adoption of the [annexation] ordinance, 24
to apply to the district court having jurisdiction of the annexed or 25
detached territory for an order staying the effectiveness of such 26
[annexation] ordinance. 27
2. Such application shall explicitly state what exceptions are 28
taken to the action of the governing body and what relief the 29
applicant seeks. 30
3. The court shall accord such application precedence over any 31
civil business not involving the public interest. 32
4. In hearing and deciding on such application, the court shall 33
consider any evidence or statements introduced at the public hearing 34
on such annexation [,] or detachment, and any evidence which it 35
finds to have been arbitrarily or capriciously excluded. If the court 36
finds that any of the steps required by NRS 268.570 to 268.608, 37
inclusive, and sections 2 to 13, inclusive, of this act have not been 38
taken or that the governing body has abused its discretion in taking 39
any such action, or that the requirements set forth in NRS 268.580 40
or 268.581, if applicable, have not been met, the court shall make 41
such temporary or final order in the premises as the ends of justice 42
may require. 43
– 20 –
- *SB61*
5. All actions or suits attacking the validity of the proceedings 1
not brought within the 30-day period shall thereafter be perpetually 2
barred. 3
Sec. 26. 1. The members of the city annexation and 4
detachment commission created pursuant to section 4 of this act 5
must be appointed in accordance with section 4 of this act not later 6
than January 1, 2026. 7
2. Except as otherwise provided in subsection 2 of section 4 of 8
this act, the members of the commission appointed pursuant to 9
subsection 1 serve until December 31, 2026. 10
Sec. 27. The provisions of NRS 354.599 do not apply to any 11
additional expenses of a local government that are related to the 12
provisions of this act. 13
Sec. 28. NRS 268.597 is hereby repealed. 14
TEXT OF REPEALED SECTION
268.597 Alternative procedures for annexing territory.
1. Except as otherwise provided in NRS 268.581, as an
alternative to the procedures for annexation set forth in NRS
268.578 to 268.596, inclusive, the governing body of a city may,
subject to the provisions of NRS 268.595, annex territory:
(a) That meets the requirements of subsection 2 of NRS 268.580
if all of the owners of record of individual lots or parcels of land
within the territory sign a petition requesting the governing body to
annex the territory to the city;
(b) That, on January 1, 2001, was undeveloped land and was
bounded on at least 75 percent of its aggregate external boundaries
by the existing corporate boundaries of the annexing city, if the
governing body provides or will provide, within a reasonable period,
municipal services to the territory that are substantially equivalent to
the municipal services provided by the governing body to any area
of the city and the governing body does not, on or before October 1,
2001, enter into a cooperative agreement with the governing body of
the governmental entity within whose boundaries the territory is
located which provides for the cooperation of the parties to the
agreement concerning issues of land use and boundaries of that
territory; or
(c) That is undeveloped land and is bounded on at least 75
percent of its aggregate external boundaries by the existing
corporate boundaries of the annexing city and for which the
– 21 –
- *SB61*
governing body has received a written statement from a
governmental entity indicating that the governmental entity:
(1) Owns the territory; and
(2) Does not object to the annexation of that territory by the
governing body.
2. If:
(a) A petition specified in paragraph (a) of subsection 1 is
accepted by the governing body;
(b) The territory proposed for annexation meets the
requirements of paragraph (b) of subsection 1; or
(c) The governing body receives a written statement from a
governmental entity pursuant to the provisions of paragraph (c) of
subsection 1,
the governing body may proceed to adopt an ordinance annexing
the territory and to take such other action that is appropriate to
accomplish the annexation.
3. As used in this section, “municipal services” includes,
without limitation:
(a) Water;
(b) Sewerage;
(c) Police protection;
(d) Fire protection;
(e) Parks;
(f) Maintenance of streets; and
(g) Master planning for:
(1) The development and use of land;
(2) The provision of water and sewerage by the governing
body; or
(3) The construction of regional infrastructure, including
systems for the control of floods and street and utility projects.
H