543.597 - Change of facility on or amendment of master plan; exception.
543.597 Change of facility on or amendment of master plan; exception.
1. The district’s chief engineer or any governmental entity may propose to:
(a) Change the size, type or alignment of a facility on the district’s master plan; or
(b) Amend the district’s master plan. A proposed amendment must be submitted to the district.
2. Upon receipt of a change proposed pursuant to paragraph (a) of subsection 1, the board shall hold a public hearing to consider the adoption of the change. With the approval of two-thirds of the members voting on the proposed change, the board may adopt any proposed change which:
(a) Is consistent with the general principles set forth in subsection 3 of NRS 543.590 for the master plan;
(b) Is hydraulically similar to a proposed facility included in the master plan;
(c) Is the most cost-effective structural or regulatory means of controlling floodwaters of the district; and
(d) Does not adversely affect the continued implementation of the master plan.
3. Upon receipt of an amendment proposed pursuant to paragraph (b) of subsection 1, the board shall determine whether the proposed amendment is consistent with the general principles set forth in subsection 3 of NRS 543.590 for the master plan. If the proposed amendment is determined to be generally consistent with those principles, the board shall hold a public hearing to consider the adoption of the proposed amendment. The board may adopt a proposed amendment to the district’s master plan with the approval of two-thirds of the members voting on the proposed amendment.
4. The board shall file a copy of any amendment or change adopted by it with the governing body of each local government whose jurisdiction includes a hydrographic area affected by the adopted amendment or change.
5. Except as otherwise provided in subsection 6, upon receipt of an amendment, the governing body of each local government affected shall hold a public hearing to consider the adoption of the proposed amendment as a component of its comprehensive master plan pursuant to chapter 278 of NRS. If the governing bodies of each local government whose jurisdiction includes a hydrographic area affected by the amendment to the district’s master plan approve the proposed amendment, it becomes effective.
6. If a proposed amendment to the master plan is adopted unanimously by the board, and by the governing body of the local government in whose jurisdiction will be located the structures necessary to carry out the purposes of the amendment, after a public hearing by each, the amendment becomes effective and no other hearing or approval is required by any other board or commission, including those responsible for decisions relating to planning or zoning.
7. The provisions of this section do not apply to an amendment of a master plan pursuant to NRS 543.5975.
(Added to NRS by 1987, 430; A 1989, 1525; 1991, 1372; 1993, 835; 1995, 83; 2001, 893)