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- 83rd Session (2025)
Senate Bill No. 99–Committee on Government Affairs
CHAPTER..........
AN ACT relating to housing; authorizing the governing body of a
city or county in certain regions to impose, under certain
circumstances, a linkage fee on certain developers to pay for
certain expenses related to the development of affordable
housing; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law authorizes the gove rning body of a city or county to regulate and
restrict the improvement of land, taking into account the availability of and need for
affordable housing in the community. (NRS 278.020) Existing law further requires
the governing bodies of certain cities and counties to: (1) ensure an adequate supply
of affordable housing when implementing a master plan; (2) adopt certain measures
to maintain and develop affordable housing to carry out the housing plan required
in the master plan; and (3) report certain info rmation relating to affordable housing
to certain entities. (NRS 278.230, 278.235, 278.237) Existing law also authorizes
the governing body of a city or county to adopt zoning regulations that, in relevant
part, ensure the development of an adequate supply of affordable housing in the
community. In exercising such power, the governing body of the city or county is
authorized to use any controls relating to land use or principles of zoning that the
governing body determines to be appropriate, including, with out limitation, density
bonuses, inclusionary zoning and minimum density zoning. (NRS 278.250)
Existing law creates the Tahoe Regional Planning Agency as part of the Tahoe
Regional Planning Compact and sets forth certain provisions regarding the
governance of the Lake Tahoe region by the Agency, including provisions relating
to the creation, review and amendment of a regional plan. (NRS 277.200)
Section 1 of this bill authorizes, under certain circumstances, the governing
body of a city or county which is located within any region governed by a regional
planning agency created by interstate compact (currently the Lake Tahoe region) to
impose a linkage fee if the regional plan adopted by such a regional planning
agency calls for the development of affordabl e housing in the region and identifies
the use of linkage fees and deed restrictions as tools for the development of
affordable housing on the: (1) development of any residential units in the city or
county which are 1,000 square feet or more; (2) construc tion of any addition to
existing residential units which are 750 square feet or more ; and (3) remodeling of
any residential units if the value of the remodeling is estimated to be more than
$100,000. Section 1 further: (1) requires such fees to be used for the purpose of
paying certain fees to assist in the development of affordable housing units of a
certain size which must be not more than 1,000 square feet per unit and subject to a
deed restriction that requires the units to be sold or rented as affordab le housing;
and (2) prohibits such fees from being imposed on the development of residential
units for affordable housing and certain construction or remodeling relating to
accessory dwelling units that are or will be subject to a deed restriction that requires
the units to be sold or rented as affordable housing. Section 2 of this bill applies the
definitions in existing law relating to planning and zoning, including the definition
for “affordable housing,” to the provisions of section 1. Section 4 of this bill
provides that the powers granted by section 1 are subordinate to the powers of a
regional planning agency created by interstate compact. Section 3 of this bill
applies certain provisions relating to judicial relief from or review of any final
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action, decisions or order of a governing body to an action or proceeding which
arises from the provisions of section 1.
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:
Section 1. Chapter 278 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. Except as otherwise provided in subsection 4, if, in any
region of this St ate for which there has been created by interstate
compact a regional planning agency, the regional plan adopted by
the regional planning agency calls for the development of
affordable housing in the region and identifies the use of linkage
fees and deed r estrictions as tools for the development of such
affordable housing, the governing body of a city or county located
within the region that is governed by the regional planning agency
may impose a linkage fee on the:
(a) Development of any residential unit s in the city or county
which are 1,000 square feet or more;
(b) Construction of any addition to any existing residential
units which are 750 square feet or more; or
(c) Remodeling of any existing residential units if the value of
the remodeling is estimated to be more than $100,000,
to assist in the development of affordable housing that the
governing body determines will be necessary as a result of the
development, construction or remodeling, as applicable.
2. The determination of the governing body required
pursuant to subsection 1 must be based on a finding that there is
an essential nexus between the new development , construction or
remodeling, as applicable, and the need for affordable housing.
3. The linkage fee imposed pursuant to subsection 1 must be:
(a) Roughly proportional in nature and extent to the impact of
the proposed new development , construction or remodeling , as
applicable;
(b) Used to assist in the development of affordable housing
which must be:
(1) Not more than 1,000 square feet per unit of affordable
housing; and
(2) Subject to a deed restriction that requires that the
affordable housing be sold or rented as affordable housing; and
(c) Used to offset any:
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(1) Costs for utility hookups; and
(2) Impact or mitiga tion fees imposed by the governing
body on new construction projects.
4. A governing body may not impose a linkage fee pursuant
to subsection 1 on the:
(a) Development of residential units for affordable housing; or
(b) Construction of a ny addition to or remodeling of an
existing residential unit that is undertaken primarily for the
purpose of constructing or remodeling an accessory dwelling unit
that is or will be subject to a deed restriction that requires the
accessory dwelling unit to be sold or rented as affordable housing.
Sec. 2. NRS 278.010 is hereby amended to read as follows:
278.010 As used in NRS 278.010 to 278.630, inclusive, and
section 1 of this act, unless the context otherwise requires, the
words and terms defined in NRS 278.0103 to 278.0195, inclusive,
have the meanings ascribed to them in those sections.
Sec. 3. NRS 278.0235 is hereby amended to read as follows:
278.0235 1. No action or proceeding may be commenced for
the purpose of seeking judicial relief or review from or wi th respect
to any final action, decision or order of any governing body,
commission or board authorized by NRS 278.010 to 278.630,
inclusive, and section 1 of this act, unless the action or proceeding
is commenced within 25 days after the date of filing of notice of the
final action, decision or order with the clerk or secretary of the
governing body, commission or board.
2. A petitioner or cross -petitioner who is seeking judicial
review must serve and file a memorandum of points and authorities
within 40 days after an action is commenced.
3. The respondent or cross -petitioners shall serve and file a
reply memorandum of points and authorities within 30 days after the
service of the memorandum of points and authorities.
4. The petition or cross -petitioner may serve and file a reply
memorandum of points and authorities within 30 days after service
of the reply memorandum.
5. Within 7 days after the expiration of the time within which
the petitioner is required to reply, any party may request a hearing.
Unless a request for hearing has been filed, the matter shall be
deemed submitted.
6. All memoranda of points and authorities filed in proceedings
involving petitions for judicial review must be in the form provided
for appellate briefs in Rule 28 of the Nevada Rules of Appellate
Procedure.
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7. The court, for good cause, may extend the times allowed in
this section for filing memoranda.
Sec. 4. NRS 278.025 is hereby amended to read as follows:
278.025 1. In any region of this State for which there has
been created by interstate compact a regional planning agency, the
powers conferred by NRS 278.010 to 278.630, inclusive, and
section 1 of this act, are subordinate to the powers of such regional
planning agency, and may be exercised only to the extent that their
exercise does not conflict with any ordinance or plan adopted by
such regional planning agency. The powers conferred by NRS
278.010 to 278.630, inclusive, and section 1 of this act, shall be
exercised whenever appropriate in furtherance of a plan adopted by
the regional planning agency.
2. Upon the adoption by a regional planning agency created by
interstate compact of any regional plan or interim plan, any plan
adopted pursuant to NRS 278.010 to 278.630, inclusive, and section
1 of this act, shall cease to be effective as to the territory embraced
in such regional or interim plan. Each planning commission and
governing body whose previously adopted plan is so affected shall,
within 90 days after the effective date of the regional or interim
plan, initiate any necessary procedure to revise its plan and any
related zoning ordinances which affect adjacent territory.
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