NRS 278.02083
Prohibition against restricting right of owner to display United States flag on real property

  • limitations
  • recovery of attorney’s fees and costs in action for enforcement.

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 an owner of real property from engaging in the display of the flag of the United States on his or her property.

(b)

Any covenant, condition or restriction contained in a deed, contract or other legal instrument which affects the transfer, sale or any other interest in real property that prohibits the owner of the property from engaging in the display of the flag of the United States on his or her property is void and unenforceable.

2.

The provisions of this section do not:

(a)

Apply to the display of the flag of the United States for commercial advertising purposes.

(b)

Preclude a governing body from imposing reasonable restrictions as to the time, place and manner of display of the flag of the United States if the governing body determines that such restrictions are necessary to protect the health, safety or welfare of the public. For the purposes of this paragraph, reasonable restrictions as to the time, place and manner of display of the flag of the United States may include, without limitation, reasonable restrictions as to height and setback.

3.

In any action commenced to enforce the provisions of this section, the prevailing party is entitled to recover reasonable attorney’s fees and costs.

4.

As used in this section, “display of the flag of the United States” means a flag of the United States that is:

(a)

Made of cloth, fabric or paper;

(b)

Displayed from a pole or staff or in a window; and

(c)

Displayed in a manner that is consistent with 4 U.S.C. Chapter 1.
Ê The term does not include a depiction or emblem of the flag of the United States that is made of balloons, flora, lights, paint, paving materials, roofing, siding or any other similar building, decorative or landscaping component.

Source: Section 278.02083 — Prohibition against restricting right of owner to display United States flag on real property; limitations; recovery of attorney’s fees and costs in action for enforcement., https://www.­leg.­state.­nv.­us/NRS/NRS-278.­html#NRS278Sec02083.

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

Jun. 24, 2021

§ 278.02083’s source at nv​.us