Skip to main content
Find a Lawyer

Nevada Revised Statutes Title 22. Cooperative Agreements by Public Agencies; Regional Transportation Commissions; Planning and Zoning; Development and Redevelopment § 278.02077. Prohibition against prohibiting or unreasonably restricting use of system for obtaining wind energy; exceptions

Current as of January 01, 2025 | Updated by Findlaw Staff

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.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Nevada Revised Statutes Title 22. Cooperative Agreements by Public Agencies; Regional Transportation Commissions; Planning and Zoning; Development and Redevelopment § 278.02077. Prohibition against prohibiting or unreasonably restricting use of system for obtaining wind energy; exceptions - last updated January 01, 2025 | https://codes.findlaw.com/nv/title-22-cooperative-agreements-by-public-agencies-regional-transportation-commissions-planning-and-zoning-development-and-redevelopment/nv-rev-st-278-02077/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard