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

262 words·~1 min read·/nv/chapter-278-planning-and-zoning/278-02077·

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

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.