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- 83rd Session (2025)
Assembly Bill No. 478–Committee
on Government Affairs
CHAPTER..........
AN ACT relating to construction; setting forth certain limitations on
a board of county commissioners or the governing body of a
city in adopting an ordinance restricting the hours in which
construction work may begin during certain times of the year;
revising certain prohibitions on a declarant -controlled
common-interest community from restricting the hou rs that
construction work may begin during certain times of the year;
and providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law provides that if the board of county commissioners in a county
whose population is 700, 000 or more (currently only Clark County) or the
governing body of a city which is located in such a county (currently the cities of
Boulder City, Henderson, Las Vegas, Mesquite and North Las Vegas) adopts an
ordinance restricting the hours in which constr uction work may begin in a
common-interest community, the hours for construction work in a declarant -
controlled common-interest community must be allowed to begin at, but not earlier
than, 5 a.m. during the period beginning on April 1 and ending on Septemb er 30.
(NRS 244.3679, 268.4137) Sections 3.3 and 3.5 of this bill provide that, regardless
of the population of the county, if a board or governing body adopts an ordinance
restricting the hours in which construction work may begin, the hours for
construction work on any project that is more than 300 feet from an occupied
residential unit must be allowed to begin by 5 a.m. during the period beginning on
April 1 and ending on September 30.
Existing law provides that if, in a county whose population is 700,000 or more
(currently only Clark County), the governing body of the county or city adopts an
ordinance restricting the hours in which construction work may begin, a declarant -
controlled common-interest community must not restrict the hours that construction
work may begin in the declarant-controlled common-interest community during the
period beginning on April 1 and ending on September 30 to hours other than those
set forth in the ordinanc e. (NRS 116.347) Section 3 .6 of this bill applies such
authorization to the governing body of a county or city regardless of the population
of the county.
Section 3. 7 of this bill provides that if, on the effective date of this bill, the
board of county c ommissioners or the governing body of a city has adopted an
ordinance restricting the hours in which construction work may begin and the
ordinance does not allow construction work more than 300 feet from an occupied
residential unit to begin by 5 a.m. duri ng the period beginning on April 1 and
ending on September 30, the ordinance is void and unenforceable . Section 3.7
further provides that any provision in a governing document of an executive board
of a common -interest community or a plan for the developme nt of a planned
development which is more restrictive than the provisions of this bill is void and
unenforceable.
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- 83rd Session (2025)
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-3. (Deleted by amendment.)
Sec. 3.3. Chapter 244 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. If the board of county commissioners adopts an ordinance
restricting the hours in which construction work may begin, the
hours for construction work on any project that is more than 300
feet from an occupied residential unit must be allowed to begin by
5 a.m. during the period beginning on Ap ril 1 and ending on
September 30.
2. As used in this section, “residential unit” means a single -
family residence or an individual residential unit within a larger
building, including, without limitation, a condominium,
townhouse, duplex or other multifam ily dwelling. The term does
not include a time share or other unit that is subject to the
provisions of chapter 119A of NRS.
Sec. 3.5. Chapter 268 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. If the governing body of a city adopts an ordinance
restricting the hours in which construction work may begin, the
hours for construction work on any project that is more than 300
feet from an occupied residential unit must be allowed to begin by
5 a.m. during the period beginnin g on April 1 and ending on
September 30.
2. As used in this section, “residential unit” means a single -
family residence or an individual residential unit within a larger
building, including, without limitation, a condominium,
townhouse, duplex or other m ultifamily dwelling. The term does
not include a time share or other unit that is subject to the
provisions of chapter 119A of NRS.
Sec. 3.6. NRS 116.347 is hereby amended to read as follows:
116.347 1. If [, in a county whose population is 700,000 or
more,] the governing body of a county or city in which a declarant -
controlled common -interest community is located adopts an
ordinance restricting the hours in which construction work may
begin, the executive board shall not and the governing documents
must not restrict the hours that construction work may begin in the
declarant-controlled common-interest community during the period
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- 83rd Session (2025)
beginning on April 1 and ending on September 30 to hours other
than those set forth in the ordinance.
2. The provisions of subsection 1 do not preclude the executive
board or the governing documents from restricting the hours that
construction work may begin:
(a) If a governing body of a county or city has not adopted an
ordinance restricting the hours in which construction w ork may
begin; or
(b) During the period beginning on October 1 and ending on
March 31.
[3. If, in a county whose population is less than 700,000, the
governing body of a county or city in which a declarant -controlled
common-interest community is locate d adopts an ordinance
restricting the hours in which construction work may begin, the
executive board shall not and the governing documents must not
restrict the hours that construction work may begin in the declarant -
controlled common-interest community during the period beginning
on May 1 and ending on September 30 to hours other than those set
forth in the ordinance.
4. The provisions of subsection 3 do not preclude the executive
board or the governing documents from restricting the hours that
construction work may begin:
(a) If a governing body of a county or city has not adopted an
ordinance restricting the hours in which construction work may
begin; or
(b) During the period beginning on October 1 and ending on
April 30.]
Sec. 3.7. 1. If, on the effective date of this act, the board of
county commissioners or the governing body of a city has adopted
an ordinance restricting the hours in which construction work may
begin and the ordinance does not allow construction work more than
300 feet from an occupied residential unit to begin by 5 a.m. during
the period beginning on April 1 and ending on September 30, the
ordinance is void and unenforceable.
2. If, on the effective date of this act, a ny provision in a
governing document of an executive boa rd of a common -interest
community or a plan approved pursuant to chapter 278A of NRS is
more restrictive than the provisions of this act , su ch provision is
void and unenforceable.
3. As used in this section, “residential unit” means a single -
family resid ence or an individual residential unit within a larger
building, including, without limitation, a condominium, townhouse,
duplex or other multifamily dwelling. The term does not include a
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- 83rd Session (2025)
time share or other unit that is subject to the provisions of chapte r
119A of NRS.
Sec. 4. This act becomes effective upon passage and approval.
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