NRS 278.02077
Prohibition against prohibiting or unreasonably restricting use of system for obtaining wind energy

  • exceptions.

1.

Except as otherwise provided in subsection 2:

(a)

A governing body shall not adopt an ordinance, regulation or plan or take any other action that prohibits or unreasonably restricts the owner of real property from using a system for obtaining wind energy on his or her property.

(b)

Any covenant, restriction or condition contained in a deed, contract or other legal instrument which affects the transfer or sale of, or any other interest in, real property and which prohibits or unreasonably restricts the owner of the property from using a system for obtaining wind energy on his or her property is void and unenforceable.

2.

The provisions of subsection 1 do not:

(a)

Prohibit a reasonable restriction or requirement:

(1)

Imposed pursuant to a determination by the Federal Aviation Administration that the installation of the system for obtaining wind energy would create a hazard to air navigation; or

(2)

Relating to the finish, location, noise, safety or setback of a system for obtaining wind energy; or

(b)

Preclude a governing body from denying an application for the issuance of a permit or special use permit for the installation of a system for obtaining wind energy if the governing body determines, based on the size, height or configuration of the system, that installation of the system:

(1)

Represents a danger to the health, safety or welfare of the public; or

(2)

Is not compatible with the character of the area in which the system is located.

Source: Section 278.02077 — Prohibition against prohibiting or unreasonably restricting use of system for obtaining wind energy; exceptions., https://www.­leg.­state.­nv.­us/NRS/NRS-278.­html#NRS278Sec02077.

278.010
Definitions. 278.011
“Building code” defined. 278.012
“Cities and counties” defined. 278.013
“Commission” and “planning commission” defined. 278.014
“County surveyor” defined. 278.015
“Governing body” defined. 278.016
“Local ordinance” defined. 278.017
“Parcel map” defined. 278.018
“Streets” defined. 278.019
“Tentative map” defined. 278.020
Regulation by governing bodies of improvement of land and location of structures for general welfare. 278.022
Restriction of adult motion picture theaters and bookstores: Declaration of legislative intent. 278.023
Enactment of separate zoning and planning ordinances for specific parts of territories. 278.0103
“Aboveground utility” defined. 278.0105
“Affordable housing” defined. 278.0107
“Average residential density” defined. 278.0115
“Building official” defined. 278.0125
“City surveyor” defined. 278.0135
“Common-interest community” defined. 278.0145
“Final map” defined. 278.0147
“Gaming enterprise district” defined. 278.0153
“Historic neighborhood” defined. 278.0155
“Improvement” defined. 278.0157
“Infrastructure” and “public facilities” defined. 278.0165
“Lot” defined. 278.0166
“Military installation” defined. 278.0167
“Mobile home park” defined. 278.0172
“Regional planning coalition” defined. 278.0173
“Renewable energy” defined. 278.0174
“Residential dwelling unit” defined. 278.0175
“Right-of-way” defined. 278.0177
“Rural preservation neighborhood” defined. 278.0185
“Subdivider” defined. 278.0191
“Undeveloped land” defined. 278.0193
“Used for residential purposes” defined. 278.0195
“Utility project” defined. 278.0201
Agreement with governing body concerning development of land: Manner and contents 278.0203
Agreement with governing body concerning development of land: Approval by ordinance 278.0205
Agreement with governing body concerning development of land: Amendment or cancellation 278.0207
Agreement with governing body concerning development of land: Recording of certified copy of ordinance adopting agreement. 278.0208
Prohibition against prohibiting or unreasonably restricting use of system for obtaining solar energy. 278.0209
Factory-built housing: Inclusion in definition of “single-family residence” 278.0211
Standards and specifications relating to school buildings in certain counties to be consistent and developed in conjunction with school district. 278.0213
Obstruction of outdoor advertising structures by certain improvement projects: Required action by governing body 278.0215
Nonconforming outdoor advertising structures: City or county to pay just compensation or authorize relocation if it requires removal or prohibits routine maintenance 278.0217
Certain documents to be retained by governing body or other entity that causes notices of hearing to be provided. 278.0221
Restriction of adult motion picture theaters and bookstores: Definitions. 278.0222
Restriction of adult motion picture theaters and bookstores: Authority of commission and governing body. 278.0226
Preparation of annual plan for capital improvements 278.0228
Governing body to develop and maintain water resource plan 278.0231
Requirement to place street address or identifying number on exterior of certain buildings 278.0232
Closure or conversion of mobile home park: Report required to be filed with planning commission or governing body. 278.0233
Actions against agency: Conditions and limitations. 278.0235
Actions against agency: Commencement. 278.0237
Actions against agency: Defenses 278.01735
“Renewable energy generation project” defined. 278.01902
“Tier one affordable housing” defined. 278.01904
“Tier three affordable housing” defined. 278.01906
“Tier two affordable housing” defined. 278.02053
Agreements with governing body concerning development of land: Public hearing required before unilateral amendment or cancellation by governing body 278.02073
Building permit for residential or commercial project: Extension of period of validity when financing is not available and land is leased for renewable energy generation project. 278.02075
Authority to establish urban agriculture zone 278.02076
Authority of governing body to designate historic neighborhood 278.02077
Prohibition against prohibiting or unreasonably restricting use of system for obtaining wind energy 278.02081
Mandatory consideration of certain standards and guidelines if governing body establishes committee or task force on sustainable energy. 278.02083
Prohibition against restricting right of owner to display United States flag on real property 278.02085
Amateur radio: Limitations on restrictions on amateur service communications 278.02095
Manufactured homes: Inclusion in definition of “single-family residence” 278.02313
Maintenance, reconstruction and repair of sidewalks: Circumstances under which governing body may compel action by owner of property. 278.02315
Inclusion of provisions for placement of recycling containers in plans for construction or major renovation of apartment complex or condominium. 278.02317
Governing body may not require dedication of real property as condition for issuance of building permit 278.02325
Conversion of existing mobile home park into individually owned lots: Restrictions governing body, commission or board may not impose as condition of approval. 278.02327
Application for matter relating to land use planning required to be complete for acceptance by governing body
Last Updated

Feb. 5, 2021

§ 278.02077’s source at nv​.us