NRS 244.386 Preservation of endangered species or subspecies and conservation of habitats and ecosystems in county whose population is 700,000 or more: General powers; ordinance establishing fee for construction or grading of land in unincorporated areas; creation of enterprise fund.

584 words·~3 min read·/nv/chapter-244-counties-government/244-386·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. In a county whose population is 700,000 or more and in which exists a species or subspecies that has been declared endangered or threatened pursuant to the federal Endangered Species Act of 1973, as amended, the board of county commissioners may by ordinance establish, control, manage and operate or provide money for the establishment, control, management and operation of an area or zone for the preservation of species or subspecies and for the establishment of plans and programs for the conservation of the habitats and ecosystems within such an area or zone.

2. The board of county commissioners, in cooperation with the responsible local, state and federal agencies, may, pursuant to subsection 1, encourage in any other manner the preservation of those species or subspecies or any species or subspecies in the county which have been determined by the board of county commissioners, to be likely to have a significant impact upon the economy and lifestyles of the residents of the county if listed as endangered or threatened, including the expenditure for this purpose of money collected pursuant to subsection 3 or NRS 268.4413 or the participation in an agreement made pursuant to NRS 503.589 or 527.300 .

The board may purchase, sell, exchange or lease real property, personal property, water rights, grazing permits and other interests in such property for this purpose, pursuant to such reasonable regulations as the board may establish. If any such property, rights or other interests are purchased from a nonprofit organization, the board of county commissioners may reimburse the organization for its cost of acquisition, not to exceed its appraised value, and any interest, carrying costs, direct expenses and reasonable overhead charges.

3. The board of county commissioners may, upon a two-thirds vote of the board, impose by ordinance a reasonable fee on the construction of a structure or the grading of land in the unincorporated areas of the county for the expense of carrying out the provisions of subsection 1. The fee must be based upon an economic analysis of the cost to carry out a plan or program for the conservation of the habitats and ecosystems pursuant to subsection 1 and must be collected at the same time and in the same manner as the fee for the issuance of a building permit collected pursuant to NRS 278.580 .

4. Beginning with Fiscal Year 2026-2027, any fee imposed pursuant to subsection 3 may, upon a two-thirds vote of the board of county commissioners, be adjusted for inflation in accordance with the percentage increase in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the United States Department of Labor, from July 2025 to the July preceding the fiscal year for which the adjustment is calculated.

5. If a fee is imposed pursuant to subsection 3 or NRS 268.4413 , the board of county commissioners shall create an enterprise fund exclusively for fees collected pursuant to subsection 3 and NRS 268.4413 . Any interest or other income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund. The money in the fund may only be used to pay the actual direct costs of the program or programs established pursuant to subsection 1.