2011 02 23 clup reviewdraft - nyecounty.net

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DRAFT - Nye County Comprehensive Plan February 23, 2011 Page v EXECUTIVE SUMMARY Nye County is located in south central Nevada. The county’s southern border is shared with Inyo County, California. Eight other Nevada counties surround Nye County, with Esmeralda and Mineral Counties to the west, Churchill, Lander, Eureka and White Pine Counties to the north, and Lincoln and Clark Counties to the east (Figure 1). Nye County was established in 1864, and the current County Seat was established in Tonopah in 1905. Unincorporated towns include: Amargosa Valley, Beatty, Gabbs, Manhattan, Pahrump, Round Mountain, and Tonopah. 1 Nye County is the largest county in Nevada with a total area of 18,147 square miles. 2 The Federal Government manages approximately 98 percent of the total land area within the county. Only about 2 percent is held in private ownership. The majority of these public lands are managed by the U.S. Bureau of Land Management (BLM), the U.S. Department of Defense (DoD), the U.S. Department of Energy (DOE), the U.S. Fish and Wildlife Service (FWS), and the U.S. Forest Service (USFS). Nye County is primarily rural, with an estimated population in 2010 of 46,200 persons. Pahrump has the largest number of residents, estimated at 38,243. The remaining residents are primarily located in small towns and communities (Nye County Department of Planning, 2010). Outside the tows and communities, Nye County is sparsely settled. The 2000 U.S. Census estimated 1.8 persons per square mile in Nye County (U.S. Census, 2011). This purpose of this updated 2011 Nye County Comprehensive Plan (or Master Plan) is to guide the county’s growth, management of natural resources, provision of public services and facilities, and to ensure protection of the public health, safety, and welfare. This is accomplished by establishing goals and objectives that address countywide issues and concerns, and implement policies and programs to accomplish the objectives. The county commission should be consulted on any interpretation of the policies outlined within this document. This plan excludes the private properties in Nye County. Community land use plans are being developed to assess the unique community assets and growth strategies desired in each town or community. These local land use plans will also recommend land use designations for any public land disposals in their planning area that will be the premise for future land uses. The individual communities will develop their own goals, policies and objectives. 1 From Nevada State Demographer, 2011. “2009 Population Estimates by County, City, and Unincorporated Town” accessed on 2/18/2011 from URL http://nvdemography.org/data-and-publications/estimates/estimates-by-county- city-and-unincorporated-towns/ 2 NACO “Nye County, Nevada.” National Association of Counties website at URL http://www.naco.org/ Counties/Pages/NACO_FindACounty.apsx accessed on 2/16/2011.

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Microsoft Word - 2011_02_23_CLUP_ReviewDraft.docDRAFT - Nye County Comprehensive Plan
February 23, 2011 Page v
EXECUTIVE SUMMARY Nye County is located in south central Nevada. The county’s southern border is shared with Inyo County, California. Eight other Nevada counties surround Nye County, with Esmeralda and Mineral Counties to the west, Churchill, Lander, Eureka and White Pine Counties to the north, and Lincoln and Clark Counties to the east (Figure 1). Nye County was established in 1864, and the current County Seat was established in Tonopah in 1905. Unincorporated towns include: Amargosa Valley, Beatty, Gabbs, Manhattan, Pahrump, Round Mountain, and Tonopah.1 Nye County is the largest county in Nevada with a total area of 18,147 square miles.2 The Federal Government manages approximately 98 percent of the total land area within the county. Only about 2 percent is held in private ownership. The majority of these public lands are managed by the U.S. Bureau of Land Management (BLM), the U.S. Department of Defense (DoD), the U.S. Department of Energy (DOE), the U.S. Fish and Wildlife Service (FWS), and the U.S. Forest Service (USFS). Nye County is primarily rural, with an estimated population in 2010 of 46,200 persons. Pahrump has the largest number of residents, estimated at 38,243. The remaining residents are primarily located in small towns and communities (Nye County Department of Planning, 2010). Outside the tows and communities, Nye County is sparsely settled. The 2000 U.S. Census estimated 1.8 persons per square mile in Nye County (U.S. Census, 2011). This purpose of this updated 2011 Nye County Comprehensive Plan (or Master Plan) is to guide the county’s growth, management of natural resources, provision of public services and facilities, and to ensure protection of the public health, safety, and welfare. This is accomplished by establishing goals and objectives that address countywide issues and concerns, and implement policies and programs to accomplish the objectives. The county commission should be consulted on any interpretation of the policies outlined within this document. This plan excludes the private properties in Nye County. Community land use plans are being developed to assess the unique community assets and growth strategies desired in each town or community. These local land use plans will also recommend land use designations for any public land disposals in their planning area that will be the premise for future land uses. The individual communities will develop their own goals, policies and objectives.
1 From Nevada State Demographer, 2011. “2009 Population Estimates by County, City, and Unincorporated Town” accessed on 2/18/2011 from URL http://nvdemography.org/data-and-publications/estimates/estimates-by-county- city-and-unincorporated-towns/ 2 NACO “Nye County, Nevada.” National Association of Counties website at URL http://www.naco.org/ Counties/Pages/NACO_FindACounty.apsx accessed on 2/16/2011.
Figure 1. Nye County, Nevada.
Nye County Comprehensive Plan
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ACRONYMS ACEC Area of Critical Environmental Concern ACHP Advisory Council on Historic Preservation BID Business Improvement District BLM U.S. Bureau of Land Management BOCC Board of County Commissioners CDBG Community Development Block Grant CIP Capital Improvement Plan CNRWA Central Nevada Regional Water Authority CNTA Central Nevada Test Area CSP Concentrating Solar Power DoD U.S. Department of Defense DOE Department of Energy DOI U.S. Department of Interior DPW Department of Public Works DSIRE Database of State Incentives for Renewables & Efficiency EPA U.S. Environmental Protection Agency ESA Endangered Species Act of 1973 FEMA Federal Emergency Management Agency FIRM Flood Insurance Rate Map FLPMA Federal Land Policy and Management Act of 1976 FWS U.S. Fish and Wildlife Service GID General Improvement District GIS Geographic Information System HCP Habitat Conservation Plan HMA Herd Management Area HUD U.S. Department of Housing and Urban Development ITP Incidental Take Permit LVVWD Las Vegas Valley Water District NCC Nye County Code NCWRP Nye County Water Resources Plan NDEQ Nevada Department of Environmental Quality NDOT Nevada Department of Transportation NDOW Nevada Department of Wildlife NDWR Nevada Division of Water Resources NFIP National Flood Insurance Program NHD National Hydrography Dataset NHPA National Historic Preservation Act of 1966, as amended. NNSS Nevada National Security Site NPS National Park Service NREL National Renewable Energy Laboratory NRS Nevada Revised Statutes NTS Nevada Test Site NTTR Nellis Test and Training Range
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OHV Off-Highway Vehicle PRPD Pahrump Regional Planning District PUD Planned Unit Development PV Photovoltaic ROD Record of Decision RMP Resource Management Plan RPS Renewable Portfolio Standard RTC Regional Transportation Commission SFHA Special Flood Hazards Area SHPO State Historical Preservation Office SID Special Improvements District SNWA Southern Nevada Water Authority SWMP Solid Waste Management Plan TTR Tonopah Test Range USC United States Code USDA U.S. Department of Agriculture USFS U.S. Forest Service USGS U.S. Geological Survey WA Wilderness Area WMA Wildlife Management Area WSA Wilderness Study Area YMP Yucca Mountain Project
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A RESOLUTION ADOPTING AND CERTIFYING THE 2011 UPDATE OF THE 1994 NYE COUNTY COMPREHENSIVE PLAN...................................................................... i ACKNOWLEDGEMENTS ............................................................................................. iv EXECUTIVE SUMMARY ............................................................................................... v ACRONYMS ................................................................................................................. vii 1.0 INTRODUCTION................................................................................................. 1
1.1 Statutory Authorization for a Comprehensive Plan ............................................. 1 1.2 Purpose for the Comprehensive Plan ................................................................ 2 1.3 Topics Included in the 2011 Comprehensive Plan Update ................................... 2 1.4 The Need for a Comprehensive Plan................................................................. 3 1.5 Planning Issues .............................................................................................. 5 1.6 Unique Characteristics of Nye County .............................................................. 6 1.7 Local Government Organization ...................................................................... 6
2.0 ECONOMY .......................................................................................................... 9 2.1 Employment by Sector .................................................................................... 9 2.2 Economic Development Opportunities............................................................ 11 2.3 Goal, Objectives, and Policies - Economic Development .................................. 11
3.0 LAND USE PLAN ............................................................................................... 14 3.1 Key Planning Issues...................................................................................... 14 3.2 Public Lands ................................................................................................ 15 3.3 Issues .......................................................................................................... 16 3.4 Federally Restricted Access Lands ................................................................. 16 3.5 Private Lands ............................................................................................... 17 3.6 Goals, Objectives, and Policies – Public Land Management .............................. 17 3.7 Goals, Objectives, and Policies – Federally Restricted Access Lands ................. 27 3.8 Goals, Objectives, and Policies – General Land Use......................................... 28 3.9 Land Use Classifications ............................................................................... 32
3.9.1 Exempt Classification......................................................................... 33 3.9.2 Multiple Use Classification................................................................. 33 3.9.3 Recreation and Conservation Classification ......................................... 34 3.9.4 Development Guidelines ..................................................................... 35
5.2.1 Ground Water - Existing Conditions .................................................... 40 5.2.2 Competition for Water Rights.............................................................. 42 5.2.3 Surface Water.................................................................................... 42 5.2.4 Water Conservation ........................................................................... 42
5.3 Air Quality .................................................................................................. 43 5.3.1 Carbon Monoxide .............................................................................. 43 5.3.2 PM-10 .............................................................................................. 44
5.4 Endangered Species ...................................................................................... 44 5.5 Soils............................................................................................................ 44
5.7 Mineral and Energy Resources....................................................................... 48 5.7.1 Minerals, Oil and Gas ........................................................................ 48
5.9 Flood Control and Drainage........................................................................... 55 5.9.1 Flood Magnitude ............................................................................... 55
5.10 Goals, Objectives, and Policies - Conservation ................................................ 56 6.0 TRANSPORTATION AND STREETS AND HIGHWAYS PLANS ..................... 63 7.0 SOLID WASTE PLAN ........................................................................................ 64
7.1 Goals and Objectives- Solid Waste................................................................. 64 8.0 ECONOMIC PLAN ............................................................................................ 65
9.0 HISTORIC PROPERTIES PRESERVATION PLAN .......................................... 69 9.1 Background ................................................................................................. 69 9.2 Designation of Historic Resources.................................................................. 70 9.3 National Register Criteria for Evaluation ........................................................ 71 9.4 National Register of Historic Places ............................................................... 71
9.4.1 Issues in Historic Preservation............................................................ 74 9.4.2 Adaptive Reuse .................................................................................. 74 9.4.3 Cultural Heritage Tourism.................................................................. 74
9.5 Goal, Objectives, and Policies for Historic Properties Preservation .................... 75 10.0 HOUSING PLAN ................................................................................................ 76 11.0 PUBLIC SERVICES AND FACILITIES PLAN .................................................. 77
11.1 Public Services............................................................................................. 77 11.2 Water/ Sewer ............................................................................................... 77 11.3 Goals, Objectives, and Policies- Public Services and Facilities .......................... 77
12.0 RECREATION PLAN......................................................................................... 79 12.1 Activities ..................................................................................................... 79 12.2 Destinations ................................................................................................. 81
12.3 Goals, Objectives, and Policies- Recreation..................................................... 86 13.0 REFERENCES ................................................................................................... 87 14.0 MAP FIGURES .................................................................................................. 89
List of Figures Figure 1. Nye County, Nevada. ................................................................................................... vi Figure 2. Nye County Communities. ............................................................................................ 8 Figure 3. 2007 Nye County Resident Jobs by Sector. .................................................................. 9 Figure 4. Regional Vicinity Map. ............................................................................................... 12 Figure 5. Wilderness Study Area ................................................................................................ 24 Figure 6. Nye County Water District Areas................................................................................ 39 Figure 7. Designated Groundwater Areas................................................................................... 41 Figure 8. Grazing Allotments. .................................................................................................... 46 Figure 9. Herd Management Areas. ............................................................................................ 47 Figure 10. Major Mines and Oil Fields........................................................................................ 49 Figure 11. Potential Renewable Energy Development Areas...................................................... 51 Figure 12. Solar Suitability in Nye County. ................................................................................ 52 Figure 13. Wind Resource Estimates........................................................................................... 54 List of Tables Table 1. National Register of Historical Places for Nye County................................................. 72 List of Maps Map 1. Unique Characteristics of Nye County............................................................................ 90 Map 2. Nye County Existing Land Use. ...................................................................................... 91 Map 3. BLM Lands Suitable for Disposal. .................................................................................. 92 Map 4. Nye County Future Land Use.......................................................................................... 93 Map 5. Nye County Hydrographic Basins................................................................................... 94 Map 6. Nye County Geothermal Resources. ............................................................................... 95 Map 7. Nye County Flood Zones................................................................................................. 96 Map 8. Nye County Roads System. ............................................................................................. 97
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1.0 INTRODUCTION The Nye County Comprehensive Plan, also known as the Master Plan (hereinafter referred to as the “Comprehensive Plan”), consists of two main parts: The Future Land Use Plan map and subject matter elements with relevant background information, goals, objectives, and policies. The 1994 Comprehensive Plan was developed and revised by the Nye County Board of County Commissioners (hereinafter referred to as the “Board”). It was reviewed by Nye County residents during a series of five public workshops held in Beatty, Amargosa Valley, Pahrump, Round Mountain, and Tonopah during the fall of 1992, and during a series of five public hearings in the same communities during the fall of 1993. At the May 3, 1994 Board meeting, the Board voted to adopt the Comprehensive Plan as the county's Master Plan under the provisions of Nevada Revised Statutes NRS 278.150. On April 21, 2009 the Board directed staff to update the 1994Comprehensive Plan. The approach has been to update only those outdated portions of the plan, while preserving the philosophy. A series of five public workshops is scheduled, as follows: Beatty Community Center February 28, 2011 6:30 PM Tonopah Convention Center March 1, 2011 6:30 PM Round Mountain Community Center March 2, 2011 6:30 PM Gabbs Town Hall March 3, 2011 6:30 PM Currant Creek Community Center March 4, 2011 1:00 PM The proposed Board public hearing date is tentatively scheduled for April 5, 2011.
1.1 Statutory Authorization for a Comprehensive Plan NRS 278.150 states: "The planning commission shall prepare and adopt a comprehensive, long- term general plan for the physical development of the city, county, or region which in the commission's judgment bears relation to the planning thereof (emphasis added).” What is a "Planning Commission"? NRS 278.030 (2) states: “… the governing body of each … county whose population is 40,000 or more shall create by ordinance a planning commission to consist of seven members3 Counties whose population is less than 40,000 may create by ordinance a planning commission to consist of seven members. If the governing body of … any county whose population is less than 40,000 deems the creation of a planning commission unnecessary or inadvisable, the governing body may, in lieu of creating a planning commission, perform all the functions and have all of the powers which would otherwise be granted to and be performed by the planning commission.” Currently, the Board serves as the chief executive authority of the county government, including acting in the capacity of planning commission, until such time that the Board determines that a planning commission is necessary. Considering the continued growth of the county since 2000 it
3 The Nye County Department of Planning’s Population Estimates through the third quarter, 2010 indicate the population of Nye County was 46,200 as of September 30, 2010.
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is anticipated that a Planning Commission for the whole county will need to be created as required by the NRS 278.030. What is a "Comprehensive Plan"? Also known as "master" plans or "general plans of development," a comprehensive plan is a long-range plan intended to guide the growth and development of the county. It includes goals, objectives, and policies for the future economic development, housing, recreation, transportation, community facilities, and land use.
1.2 Purpose for the Comprehensive Plan The purpose of this Comprehensive Plan is to guide the county’s growth, management of natural resources, provision of public services and facilities, and the protection of the public health, safety and welfare. This is accomplished by establishing goals and objectives that address countywide issues and concerns and implement policies and programs to accomplish the objectives. The Comprehensive Plan excludes the private properties within the towns and the private properties outside of any town boundary, as it is anticipated that the individual communities will develop their own goals, policies and objectives.4 The Comprehensive Plan is not the equivalent of a zoning ordinance. However, the Board may choose to enact ordinances or other growth management mechanisms to accomplish certain objectives of the plan. The Comprehensive Plan will also serve as a framework for local land use plans and other growth management mechanisms and will establish land use policy for lands outside of the boundaries of the towns.
1.3 Topics Included in the 2011 Comprehensive Plan Update NRS 278.160 requires that the “master plan, with the accompanying charts, drawings, diagrams, schedules and reports, may include such of the following subject matter or portions thereof as are appropriate to the county and as may be made the basis for the physical development thereof.” This 2011 Comprehensive Plan update focuses on the following elements:
• Land Use Plan
• Historic Properties Preservation Plan
• Recreation Plan
• Solid Waste Disposal Plan 4 Examples of community land use plans include the Pahrump Regional Planning District Master Plan (adopted in 2003) and the Amargosa Valley Area Plan (approved September 23, 2009). An Area Plan for Beatty is currently under development.
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As particular areas of the county or individual communities experience a need for more specific and detailed planning and growth management mechanisms, they may request that the Board assist them in the development of community-specific or Area plans. Any such Area Plan(s) will be coordinated with the Comprehensive Plan. Similarly, as the need develops, and funds become available, it is anticipated that Nye County will prepare detailed functional plans (e.g., a countywide emergency management plan, capital improvement plans, and habitat conservation plans) pursuant to the goals, policies, and objectives outlined within this plan. The Board should be consulted on any interpretation of the policies outlined within this Comprehensive Plan.
1.4 The Need for a Comprehensive Plan There are several reasons why there is increased concern with planning and growth management issues in Nye County, including: The Potential for Rapid Growth and Decline Certain areas of the county have experienced rapid population growth, for example; Beatty nearly doubled between 1985 and 1990. Other areas such as Tonopah, Beatty and Round Mountain have experienced a decline due to employment and exhaustion of mineral resources and/or international markets. It is essential that goals and objectives are considered and take into account the effects of population growth and decline. Nye County's historic boom and bust economy has had fiscal consequences for Nye County government. Potential Changes in Management of Public Lands The Board is well aware that there are continuing efforts by federal and state land management agencies to increase the acreages of lands under their oversight. The Board in carrying out its specified and inherent duties to operate the government of Nye County in the best interests of all its citizens and to protect and preserve the county’s tax base has found it necessary to expand its own land use planning efforts. Federal Land Policy and Management Act of 1976 (FLPMA) requires, “the Secretary to the extent practical, keep apprised of State, local and tribal land use plans; assure that consideration is given to those plans that are germane in the development of land use plans for public lands …”.5 This plan is specifically developed to provide the needed relevancy for the federal and state agencies. Goals, objectives, and polices have been established to protect the health, welfare, and economic well-being of the county and those residents whose livelihoods and way of life are dependent on public lands. Nye County citizens must be protected from federal rules and regulations, which conflict with local customs, laws, and decisions of the court and which adversely, impact the economy and tax base of Nye County. Civil rights guaranteed by the U.S. Constitution, particularly Article X of the Bill of Rights, which states, "The powers not delegated to the United States by the Constitution nor prohibited by it to the states, are reserved to the states respectively, or to the people" must also be protected.
5 From FLPMA of 1976, Public Law 94-579, page 5.
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The Proposed Development of a High-Level Nuclear Waste Repository at Yucca Mountain The U.S. Congress has designated Yucca Mountain in Nye County as the single candidate site for the nation's first high-level deep geologic repository for civilian nuclear waste. Nye County must be prepared to address the potential significant impacts that such a large-scale project would have on Nye County resources. Additionally, the county needs to establish land use goals, objectives, and policies concerning the establishment of this facility or alternative uses of it along with the changing missions of Nevada National Security Site (NNSS), formerly the Nevada Test Site6 (NTS). If Yucca Mountain is licensed as a high-level nuclear waste storage facility, Nye County will see an increase in population from employment in construction/operational activities. Approval of the Yucca Mountain Project (YMP), and associated transportation corridors, could have an impact on 1) community and county services, 2) sheriff, fire protection, and emergency services, 3) increased demand for medical services, 4) need for additional housing and, 5) an increased demand on the school system. Nye County has identified the potential land use, social, and environmental impact that may be associated with such a large-scale project and has submitted that information during the public planning process for the YMP. Withdrawal of Public Lands in Nye County from Multiple Use and Other Public Land Planning Activities From time to time federal or state agencies initiate activities to withdraw public land in Nye County from multiple-use status (e.g., to create wilderness areas, national monuments, or military facilities). Regardless of who manages the land, or the planned activities taking place on such land within Nye County, Nye County needs to stay engaged in open dialogue with the land management agencies. Nye County can be an asset to federal and state counterparts by assisting private land owners with opportunities to participate in the planning process. Compensation to individual land owners for their property from withdrawal must be fair and just. It is the position of Nye County’s Board that any withdrawal of public lands must consider the fiscal and economic impact on the tax base of Nye County. The objective would be no net loss in tax base or economic output, as Nye County’s economy is inseparably tied to the private lands within the county (Nye County Code Title 7). All withdrawals must be done in accordance with Article 1, Section 8, and Clause 17 of the U.S. Constitution.7 To Protect Nye County’s Water Resources The long-term water resources needs of future generations of Nye County residents must be protected with a balanced approach that provides for the county’s economic goals without detriment to the social, aesthetic, cultural, and ecological values of the county (Nye County
6 The Nevada Test Site was renamed to the Nevada National Security Site (NNSS) in August 2010 (DOE, 2010). 7 Powers Granted to Congress: “To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock- Yards, and other needful Buildings;”
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Water Resources Plan, 2004). The ongoing concern with water rights in and around Nye County highlights the need for Nye County to develop goals, objectives, and policies for the use and management of Nye County water resources, which would be coordinated with the larger comprehensive planning process. The Nye County Water Resources Plan (NCWRP) was adopted as an amendment to the 1994 Nye County Comprehensive Plan on August 3, 2004.8
1.5 Planning Issues Developing a consensus built comprehensive plan which upholds the constitutional rights of the citizens of Nye County that will be supported by a majority of Nye County residents is a challenge for the following reasons:
o Nye County consists of a number of small communities, geographically separated, each with a distinct and independent economic base. The patterns and stages of growth and development are different in each community. Certain planning goals and objectives may be needed and desired by some communities and irrelevant or even opposed by others.
o As is common throughout the rural United States, Nye County residents have widely
different values about regulating the use of land. Some have moved to or remain in Nye County because of the many personal freedoms available, including the few constraints on the use of land. Others have moved here from other places, bringing values which include protection of homes and property from conflicting land use.
Consequently, some Nye County residents are interested in developing a comprehensive plan that will protect the safety and value of their homes and businesses. Other Nye County residents are concerned that a comprehensive plan and other growth management mechanisms will restrict their freedoms and diminish the quality of life that they enjoy. Still other residents are interested in the ability of a plan to protect their interests on publicly managed lands. The Nye County challenge has been to develop a planning document that considers the diverse interests of all of these stake-holders and fold them into the broader interests of the county as a whole. While it is unlikely that all Nye County residents will be totally satisfied by any comprehensive plan, there are certain steps that have been taken to ensure that all interests are considered.
• The process ensured that residents in all parts of Nye County were allowed to participate in the planning process, and that all residents had the opportunity to express their opinions.
• The Comprehensive Plan is based on goals, objectives, and policies which address specific Nye County issues.
• The Comprehensive Plan is general in scope, addressing only those elements that need to be addressed on a countywide basis. At the same time, the Comprehensive Plan allows more detailed and specific planning, particularly in the land use arena, if and when desired on a community or planning area basis.
8 Nye County Resolution No. 2044-22, Amendment of Resolution R94-14.
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1.6 Unique Characteristics of Nye County While Nye County bears similarity to many rural counties throughout the United States, some characteristics, when considered in combination, set Nye County apart from others. These unique characteristics, shown in Map 1, include the following:
• Nye County is the third-largest county in the continental United States in terms of land area, with approximately 1.8 persons per square mile (US Census, 2011).
• Only about 2 percent of the land area in Nye County is privately owned (BLM9).
• Almost 98 percent of the land area in Nye County is currently managed by the federal government.
• About 23 percent of these federal lands are currently withdrawn from multiple use. The NNSS, Nellis Test and Training Range (NTTR), and Tonopah Test Range (TTR) are large blocks of public land that are maintained as restricted access for classified activities The Central Nevada Test Area (CNTA), an alternate site to the NTS, has nine surface restricted areas (DOE, 2009). The large areas and locations of these activities limits transportation, defines economic activities, and complicates planning for the population in the areas around them.
• Three potentially hazardous waste storage facilities are located in Nye County:
o Low-level and mixed low-level radioactive waste disposal area in Area 5 on the NNSS.
o Low-Level Radioactive Waste Disposal Facility at Area 3 on the NNSS. o U.S. Ecology Low-Level Radioactive and Hazardous Waste Disposal Facility.
• The nation’s first high-level civilian radioactive waste disposal site was proposed for construction at Yucca Mountain, in Nye County. However, the future of the project is uncertain.
The county's Comprehensive Plan considers these unique characteristics of Nye County's geography, economy, and land use, along with the lifestyles of its residents. The Comprehensive Plan is designed to deal with the specific issues facing the county today. It reflects the fact that elected officials and residents in Nye County have traditionally embraced a philosophy of minimal regulations and restrictions on personal freedoms and the use of land and property. The Comprehensive Plan contains goals, objectives, and policies that serve to protect the health, safety, and welfare of Nye County residents, enhance their economic opportunities, and preserve their quality of life.
1.7 Local Government Organization There are no incorporated towns within Nye County. There are, however, several unincorporated towns and communities. County governments in Nevada typically provide a broad range of services to the unincorporated portions of their counties. However, NRS allows for the formation of "unincorporated towns," under the Unincorporated Town Government Law 9 From BLM Nevada State Office, Mapping Sciences, GIS dataset nv_landowner.shp last modified on 8/20/2010 and accessed from URL http://www.blm.gov/nv/st/en/prog/more_programs/geographic_sciences/gis/geospatial_ data.html
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provisions.10 “An unincorporated town means a specific unincorporated area within a county in which one or more governmental services are provided by the county in addition to those services provided in the general unincorporated area of the county, for which the residents of such area pay through ad valorem taxes or for which other revenue is secured from within the area.” Pahrump, Tonopah and Round Mountain, have an elected Town Board form of government. Amargosa Valley, Beatty, Manhattan, Belmont, Gabbs, and Railroad Valley have an Advisory Board form of government, pursuant to NRS 269.576 (Figure 2).
10 NRS 269.500 to 269.626, inclusive, may be cited as the Unincorporated Town Government Law (NRS 269.500 Short title).
Figure 2. Nye County Communities.
Nye County Comprehensive Plan
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2.0 ECONOMY Growth and development in any geographic area is largely dependent on economic activity. Future economic opportunity in Nye County is dependent on policies and plans for activities on public lands. Therefore, future economic opportunity can be influenced significantly by the goals, objectives, and policies that Nye County establishes for growth and development.
2.1 Employment by Sector Historically, the economy of Nye County has been based on mining, agriculture, and federal government operations. Retail trade and service establishments developed first to serve the mining and farming communities and, second, to serve the visitors and tourists that travel to and through Nye County en route to other destinations. Figure 3 displays Nye County jobs by sector for 2007. According to the U.S. Census Bureau, there were 8,764 paid employees in 2007.
Figure 3. 2007 Nye County Resident Jobs by Sector. Source: U.S. Census Bureau
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Services Sector The service sector is the largest employment sector in the Nye County economy, employing 4,355 residents or 49.6 percent of total resident employment in 2007. This sector includes jobs at the NNSS and jobs at establishments that serve tourists and travelers. It also includes service establishments and professional services (e.g., doctors, lawyers, and accountants) that serve residents of the county. The recent addition of the detention facility (220 employees) in Pahrump has the potential to increase services employment in the county by 2.5 percent when the facility reaches full projected employment in 2 years. Mining Sector Mining has traditionally been a mainstay of the Nye County economy. Nye County has an abundance of both precious and industrial minerals and one of the few known economically recoverable petroleum reserves in the state of Nevada. In 2007, mining accounted for about 1,604 jobs, or 18.3 percent, of total employment. The mining industry is volatile, as seen by the many ghost towns that are found throughout Nye County. Construction Sector During 2007, construction in Nye County accounted for 925 jobs or about 10.5 percent of total employment. This includes residential and commercial construction and industrial construction associated with mining facilities and highways. The construction industry is usually closely tied to general economic conditions in an area. Retail Trade Sector Retail trade in Nye County accounted for about 1,566 jobs in 2007 or about 17.8 percent of total employment. Retail trade is also closely tied to general economic conditions. Government Sector During 2007, government employment in Nye County accounted for about 675 jobs or about 7.7 percent of total employment. Government employment includes federal, state, and local government. Government employment at all levels is tied to general economic conditions, although not as directly as the retail trade, service, and construction sectors. Farming and Agriculture Sector In 2007, farming and agriculture accounted for about 263 employees or 3 percent of total employment in Nye County. There are some indications that federal statistics may not accurately capture the number of people employed in farming and ranching throughout the nation. It is also important to point out that the economic significance of agriculture to the economies of rural counties goes beyond the number of workers that it employs. As long-time residents of counties, farmers and ranchers purchase many goods and supplies locally. Additionally, farmers and ranchers, provide a measure of long-term stability to the county's economy. This is especially true when compared to resource-based industries such as mining, or federal facilities which are dependent upon annual budget cycles and national priorities. Transportation and Public Utilities Sector Transportation and Public Utilities accounted for about 575 jobs or 7 percent of total employment in 2007. These jobs are dependent on the larger Nye County economy.
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Manufacturing Sector Manufacturing is a small sector of the Nye County economy with considerable growth potential. Manufacturing accounted for about 329 jobs in 2007 or 3.7 percent of total employment. Wholesale Trade Sector The wholesale trade sector in Nye County is relatively small, accounting for about 148 employees or 1.6 percent of total employment. Finance and Insurance Sector The Finance and Insurance sector in Nye County is also tied to the county economy. This sector accounted for about 183 jobs or 2.0 percent of total employment in 2007.
2.2 Economic Development Opportunities Nye County has numerous economic development resources available to promote and/or develop, including:
• Reasonably priced land suitable for industrial, commercial, and residential development.
• Proximity to the Las Vegas and southern California consumer markets as well as Reno and northern California (Figure 4).
• Central location between southwestern metropolitan areas.
• Efficient highway network.
• Favorable regulatory environment.
• Favorable tax environments.
• Abundant renewable energy resources, including solar, geothermal, wind, and biomass.
• Proximity to world famous tourist attractions (e.g., Death Valley National Monument and Las Vegas).
2.3 Goal, Objectives, and Policies - Economic Development ECONOMIC DEVELOPMENT GOAL–1: Maintain a sound local economy by helping expand opportunities for existing business and encouraging new businesses to locate in the county. Objective 1 - Existing businesses are retained by enhancing opportunities and increasing local
markets. Objective 2 - New basic industry that is compatible with the existing economy and quality of life
is encouraged to locate in Nye County.
Policy A. A Nye County Economic Development Authority should implement the Nye County Comprehensive Economic Development Strategy (2007) to retain existing business, enhance business opportunities, and attract new businesses to the county.
Figure 4. Regional Vicinity Map.
Nye County Comprehensive Plan
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Nevada National Security Site
Death Valley National Park
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Policy B. Develop and refine county ordinances, policies, and procedures to ensure that, to the maximum extent possible, they support the economic development goals and objectives of the Nye County Comprehensive Economic Development Strategy (2007).
Objective 3 - Increased employment opportunities are provided for all residents of Nye County. Objective 4 - Strong agricultural and mining industries are maintained. Objective 5 - Tourism and recreation in the county are expanded. Objective 6 - Nye County's economic base is diversified by attracting industries not now
represented in the Nye County economy. Objective 7 - Suitable areas throughout the county are identified for heavy industry and other
potential hazardous and noxious uses.
Policy A. Communicate these economic goals, objectives, and policies and the elements of the Nye County the Nye County Comprehensive Economic Development Strategy (2007) to the agencies that manage public lands in Nye County and to any organization endeavoring to develop and expand economic opportunities within the county.
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3.0 LAND USE PLAN NRS 278.160 defines the Land Use Plan as “an inventory and classification of types of natural land and of existing land cover and uses, and comprehensive plans for the most desirable utilization of land.” The intent of the land use planning process is to develop goals, policies, and objectives, through an open dialogue with county citizens, for the administration, management, development and enhancement of the lands within the boundaries of the county. The plan will help to establish a predicted pattern for the use of land over the next 20 years, and is designed to facilitate sound land use decision-making. It is important to keep in mind that the land use plan is not zoning, nor does the land use plan have the force of law. This plan meets the criteria outlined within the Nevada Revised Statutes and will provide for the coordination of planning activities as required by public law. The Board believes that government is best served when government affairs are conducted as close to the people as possible (i.e., at the county level). In support of its specified and inherent duties to operate the government of Nye County in the best interest of all its citizens and to protect and preserve the county’s tax base, the Board has developed and implemented a countywide land use plan in order to participate equitably and fully with federal land management agencies. The land use element of a plan is typically the most recognized portion of any planning effort, and in many ways it is the foundation from which the other elements evolve. Transportation patterns, infrastructure, public services and facilities all adjust to address the needs of land uses such as residential, agriculture, commercial or industrial. This section of the plan is intended to provide goals, objectives, and implementation strategies in order to guide growth in a manner that is fiscally responsible and consistent with the vision of the Board and the citizens of the county. Because of Nye County's vast land area and the diverse nature of its communities that are geographically separated one from another, the land use planning process envisioned in this Comprehensive Plan involves: 1) outlining a general, countywide process for land use planning; 2) enacting ordinances and regulations for managing land uses; and 3) encouraging communities and specific areas of the county to work with the county to develop more specific area land use plans. This plan does not affect nor is it applicable to any private lands within or outside of the boundaries of the towns. However, this Comprehensive Plan is applicable to the federally and state managed lands within and adjacent to those towns.
3.1 Key Planning Issues • Federal and state managed lands make up about 98 percent of the land mass of Nye
County with continuous efforts to increase that amount.
• The administration, management, development, and enhancement of those lands have significant impacts on Nye’s economy.
• A vast majority of Nye County citizens earn a living from activities that rely upon natural resources derived from the publicly managed lands. Any changes in management activities shall ensure no adverse aggregate economic impact to Nye County citizens.
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• Opportunities for local economic development will be improved by increasing the amount of private land within the county or by increasing private use of the federal and state managed lands.
• Recognition that federal law requires coordinated planning with local government for all public lands.
• The maintenance and revitalization of multiple use policies and access of public lands – both state and federal – within the county boundaries.
• The protection of private property rights and interests.
• The protection of local historical custom and culture.
• The development of new economic opportunities through free market enterprise.
• Federal and state managed land acquisitions and dispositions.
• Establishment of a countywide permitting process for hazardous and other noxious land uses in order to balance costs and benefits of such development.
3.2 Public Lands Public lands have a profound influence on economic conditions in Nye County. Approximately 23 percent of the total land area in Nye County is designated for federally restricted access for U.S. Government classified activities. This block of land includes: NNSS, NTTR, and the TTR. The central location of these facilities shapes transportation and economic activities and impacts economic and population planning for the county. For example, it is impossible to travel directly from any one corner of Nye County diagonally to another. Residents of the southern Nye County communities of Beatty, Amargosa Valley, and Pahrump must travel through Esmeralda County to reach Tonopah, the county seat. The residents of Gabbs travel through Mineral and Esmeralda Counties before reaching the county seat in Tonopah. Public lands and the policies concerning their use have an influence on the lives of virtually every resident of Nye County, as less than one tenth of the land mass of the county is privately owned. The people of Nye County have historically and traditionally earned their livelihood from activities reliant upon natural resources. The economy of the county has always been dependent upon the availability and utilization of natural resources, reasonably accessible water supplies, and upon business activities that operate on the federal and state managed lands. Either directly or indirectly, the majority of the persons employed in Nye County are dependent upon ranching and farming, forest production, mining, recreation, and other activities related to and reliant upon the availability of natural resources. It is obvious that viable and effective use of the public lands is very dependent upon the management policies of the federal and state agencies which regulate mining, livestock grazing, commercial, and recreational activities. The management policies used by the agencies should be compatible with the commercial and business activities, which form the custom and culture of the county and provide the base for the economic stability of the county.
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The following facts describe the relationship that exists between the citizens of Nye County and the federally managed lands:
• The NNSS and TTR provide employment for a substantial number of Nye County residents.
• Mining is the second largest employment sector in Nye County.
• Many of the retail and service establishments in the county draw a substantial portion of their business from tourism and recreation visitors using and viewing attractions on public lands throughout Nye County and adjacent counties.
• Many other retail and service establishments in Nye County provide goods and services to all of the above groups; therefore, their livelihoods and lives can be said to be indirectly influenced by public land policies.
3.3 Issues Recognizing the crucial role that public lands play in the Nye County economy and quality of life, on April 5, 1994 the Board adopted the Comprehensive Plan of 1994 after a three year planning process. Some of the issues that were identified in that process were:
• Nye County should have the right to participate in the planning for the mitigation of economic impacts, environmental clean-up, and reuse of the NNSS facility.
• There is increasing concern for the viability of the ranching industry in Nye County. Ranching and grazing are traditional economic activities in Nye County and a source of both primary and secondary income for a number of Nye County residents. Moreover, the ranching lifestyle is an important part of Nye County's culture. Nye County has a keen interest in protecting its agricultural and ranching heritage.
• Similarly, there is increasing concern for the viability of the mining industry in Nye County. Combined revenues generated from mining and net proceeds taxes have traditionally provided an average of one-quarter of Nye County’s annual operating budget.
Nearly twenty years later, these issues remain of concern to Nye County residents. To address these issues and other concerns the Board adopts the following Land Management goals, policies, and objectives for public lands within Nye County. It is the policy of Nye County that public lands are managed on the basis of multiple use and sustained yield concepts; in a manner that will conserve natural resources; protect and preserve the quality of the environment, and ecological, scenic, historical and archeological values; protect and preserve wildlife habitat, and certain lands in their natural condition; and provide for long term benefits, including economic benefits, for the people of Nye County and future generations.
3.4 Federally Restricted Access Lands The federal government holds as reserved land and manages certain parcels of land within Nye County, the largest of which are the NTTR (which includes the National Wild horse Management Area) and the NNSS. The area covered by these activities is about 23 percent of Nye County. The federal government has the ability to acquire additional lands pursuant to Article I, Section 8, and Clause 17 of the U.S. Constitution and NRS Chapter 328 – Federal
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Lands. Past conveyances under Article I have been federal courthouses, national parks, national monuments, veteran hospitals, hydroelectric dams, post offices, and wildlife refuges. The state legislature has established the method and procedure for transfer of jurisdiction of lands within Nevada to the federal government that will protect the interests of the state and its citizens. NRS 328 details the procedures and the conditions upon which lands in the state may be transferred to the federal government.
3.5 Private Lands Land use on private lands in Nye County consists of ranching, residential, commercial, and industrial uses, largely but not exclusively within the boundaries of unincorporated towns, and agricultural and mining uses both within and outside the boundaries of unincorporated towns. The Nye County Assessor land use records and the county’s Geographic Information System (GIS) parcel database have been used extensively in the development of the Existing Land Use map (Map 2 – Existing Land Use). Much of the private lands are a mix of uses. It is common to find residential, commercial, industrial, and even agricultural uses on adjacent properties and, at times, on the same parcel of property. This Comprehensive Plan does not affect, nor is it applicable to any private lands within the county or within the boundary of any town.
3.6 Goals, Objectives, and Policies – Public Land Management The following goals, objectives, and policies are intended to further agriculture, mining, and recreation as principal economic bases of the county as well as fostering the multiple-use concept of the publicly managed lands within Nye County. PUBLIC LAND MANAGEMENT GOAL-1: Increase opportunities for local economic development by selectively increasing the amount of privately owned and locally managed land within the county. Map 3 represents lands in Nye County that are managed by BLM and have been identified as suitable for disposal, as of 2005.11 Objective 1 - Land with high recreational, wildlife, mineral, and other public values remain open
to multiple uses. Objective 2 - Public lands within the service area of existing communities continue to be made
available to the private sector for housing, industrial uses, and other economic activities. These lands shall be transferred only when local governments agree that the transfer is opportune and would not be a burden to local governments. Growth should be directed to these areas to the extent that it can be accommodated in a manner compatible with each area’s character and without overburdening public facilities and services.
Objective 3 - Public lands continue to be made available for state and local government purposes
such as, but not limited to, schools, parks, public facilities, roads, and trails. Land
11 Updates to the BLM Resource Management Plans for the Southern Nevada and Battle Mountain BLM Districts are in progress. BLM lands that have previously been identified as suitable for disposal are under review.
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identified for public purposes should receive preference over disposal for private purposes.
Objective 4 - Public land disposal be accomplished only in conformance with local area plans.
The general public and state and local governments should be involved in public land disposals.
Objective 5 - Public lands are made available to local governments at a discounted price and then
those local governments should be allowed to develop and dispose of the lands to private interests.
Objective 6 - Federal and state land dispositions and acquisitions, including land adjustments and
exchanges, be carried out to the benefit of the citizens of Nye County and to specifically ensure the following:
• The county shall suffer no net loss in tax revenue.
• Private property interests are protected and/or enhanced.
• The citizens of Nye County shall suffer no adverse aggregate economic impacts.
• Increase opportunities for local economic development by increasing the amount of private land within the county.
• Increase opportunities for local economic development by increasing the private use and/or ownership of federal and/or state controlled land within the county.
• Federal and/or state land agencies will not acquire any private lands or rights on private lands within Nye County without first ensuring the items listed above.
• Federally and/or state managed lands that are difficult to manage or which lie in isolated tracts should be considered for exchange, disposal or sale.
• The Board shall review and make recommendations on proposed public land withdrawals for hazardous and non-hazardous waste storage, use, and/or disposal as well as the types of such waste (NCC Title 7).
Objective 7 -The general public and the Board are notified of, consulted about, and otherwise involved in all federal and state land adjustments in Nye County. Nye County shall review all proposed changes to determine if the proposal is in the best interest of the county.
Objective 8 - Nye County will review and make recommendations on proposed public land
withdrawals for hazardous and non-hazardous waste storage, use, and disposal as well as the types of such waste.
Objective 9 - Before federal and state land agencies can change land use, impact studies of uses
will be conducted at the expense of the agency proposing the change. Such studies
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shall include mitigation measures to be adopted in coordination with Nye County. Impact studies shall address community stability, local custom and culture, grazing rights, flood prone areas, access, and any other concerns to the local community.
PUBLIC LAND MANAGEMENT GOAL-2: Public land should be disposed of for private agricultural, economic development and community needs. Objective 1 - Those lands disposed of for agricultural uses must have adequate water for
irrigation and appropriate soils. Objective 2 - Before public lands are disposed of, adverse impacts on existing uses are
considered. Adverse impacts could include important wildlife habitat, key seasonal grazing rights, municipal watershed, flood prone areas, access, mining (including potential), and recreational use of the lands.
PUBLIC LAND MANAGEMENT GOAL-3: Whenever the public lands are disposed of, existing access to adjoining and nearby public lands should be retained for recreational and other multiple use needs, or alternative routes of access should be made available. Objective 1. That public access to public lands is developed to lands with high recreational or
other public values. PUBLIC LAND MANAGEMENT GOAL-4: Promote the increased use of, and adherence to, comprehensive planning among all government entities in Nye County. Objective 1 - State and local governments continue to develop land use plans identifying lands
that should be released for private ownership and those lands that should remain in public ownership.
Objective 2 - Federal planning processes include local involvement and the Resource
Management Plan (RMP) process should coordinate with all local planning documents and processes.
Objective 3 - Federal and state law and policies be researched to enable the Board to develop an
understanding of local responsibility regarding public lands. Objective 4 - Adequate means be developed to implement the policies in this plan. PUBLIC LAND MANAGEMENT GOAL-5: Provide maximum management flexibility. Objective 1 - Land exchanges that block up high value public purpose lands and make private
lands more manageable be given a high priority in federal real estate actions. PUBLIC LAND MANAGEMENT GOAL-6: Federal land management agencies should expand efforts to clarify the legal status and title to historically disposed lands. This action should receive priority over other land action issues.
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Objective 1 - Before any public lands may be released, exchanged, sold or contracted for sale,
any route(s) over the land deemed by the Board as necessary for public access to any other land that is open to public use, the land must be conveyed with rights-of- way and all rights of access and abutters rights over the route(s) be reserved in the name of Board.
Objective 2 - Public access to route(s) of travel are essential to economic, social and political
well-being of the Nye County communities. Objective 3 - In accordance with Chapter 262, Section 8, 14 Statutes 253 (former 43 United
States Code (USC) Section 932, commonly referred to as R.S. 2477), the Board shall locate and determine the width of such rights-of-way and locate, open for public use and establish thereon county roads.
Objective 4 - That public use alone is sufficient to evidence an acceptance of the grant of a
public use right-of-way pursuant to former 43 USC Section 932. PUBLIC LAND MANAGEMENT GOAL-7: The storage, use and/or disposal of hazardous waste in Nye County should not occur unless appropriate mitigation measures are implemented. Objective 1 - The entities desiring to store hazardous waste bear the total financial responsibility
for the mitigation of all impacts associated with said storage. These will include the following, but are not necessarily limited to the following:
• Public health, including facilities and personnel for programs of water treatment and distribution, sewerage and sewage treatment, pest control, sanitary land fill and sanitation.
• Fire protection, including early location and construction of stations, acquisition of firefighting equipment and communications equipment, personnel and. the training of personnel.
• Emergency medical services, including equipment, facilities and personnel are trained and available to provide appropriate response to an emergency situation.
• Medical care, including hospitals, equipment and personnel.
• Transportation, including full responsibility for any roads or rail built for a project and assistance for the repair and maintenance of any local or state roads used and damaged by vehicles and equipment associated with the construction or operation of a project; and rail lines built to be utilized by the private sector for commercial activity in Nye County, and the rail line to be located to maximize said utilization.
• Training and equipment for local and state public safety, emergency medical and firefighting personnel for the handling of radioactive or hazardous waste accidents.
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• Establishment of appropriate best management practices/methods and equipment, including data processing, to observe and assess long-term effects of the waste projects over the entire life of the projects from construction, closure and to the point the waste is no longer radioactive or hazardous.
• Energy needs, including requisite facilities, created by all activity induced by waste storage, use or disposal projects, recognizing that the cost of such needs should not be subsidized by current residents of the area proposed for deployment of the system.
• Any such other facilities and personnel of state or local governments as may be required to meet needs that would be caused by the construction, operation, and closure of a geologic repository for spent high-level radioactive waste and commercial spent nuclear fuel.
Objective 2 - Criteria for the evaluation of nuclear or hazardous waste storage, use and/or disposal facilities explicitly weigh the tradeoffs between environmental cost, the creation of jobs and other appropriate benefits to the county.
Policy A. All impacts of nuclear or hazardous waste storage facilities shall be mitigated through a negotiated development agreement between the developer and Nye County.
Objective 3 - The transportation of nuclear or hazardous waste is accomplished by the safest
means available and carefully controlled in accordance with pertinent federal and state regulations.
Policy A. Local fire and safety officials along all transportation routes shall be trained to deal with accidents and notified of all transports through Nye County.
Objective 4 - Records are kept in a publicly accessible location (or electronically), of all nuclear
or hazardous waste materials stored to enable research into accidents, and safety planning.
AGRICULTURE GOAL-1: Recognize that agricultural production in Nye County is necessary to help meet the requirements of future national populations and is significant to Nye County. Objective 1 - Public agencies formally recognize the value of and necessity for the retention and
expansion of agricultural land. Objective 2 - The federal government continues to make the public rangelands economically and
realistically available for livestock grazing, where compatible with other multiple use objectives.
Objective 3 - Public land disposals should be considered in areas with value to existing farm and
ranch operations. These disposals should be identified through the community planning process.
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Policy A. Adequate planning and guarantees of Desert Land Entries should minimize adverse environmental impacts and economic cost to the existing community.
Objective 4 - Water supplies and sources for irrigation are protected. Water improvements
should include access for wildlife. Objective 5 - Renewable energy projects are developed in conjunction with agricultural
activities. AGRICULTURE GOAL-2: Preserve agricultural lands and promote the continuation of agricultural pursuits in Nye County. Objective 1 - Nye County should encourage and protect the continuance of existing agricultural
practices. Objective 2 - Nye County will work with federal and state agencies on maintaining rangeland
and diversifying products from current agricultural operations. AGRICULTURE GOAL-3: Protect agricultural lands and minimize loss of productive farm and ranchlands, and maintain and protect water recharge areas. Objective 1 – Protect the interests of the citizens and economic welfare of the county.
Policy A. Nye County will work with federal, state and local agencies and other groups to identify potential methods for protecting and maintaining agricultural lands. These methods may include: density transfers, tax relief, land banking, transfer of development rights, cluster developments, and creation of agricultural districts.
Policy B. During development review, Nye County will discourage incompatible land uses in or adjacent to designated agricultural areas and protect agricultural areas from infringement by activities or land uses which would impair their physical and/or economic viability for continued agricultural use.
Policy C. Manage the growth of developing areas to protect farm and ranch lands, farm and ranch operations, and lands that should remain in multiple use for other considerations. This includes lands that: • Are not planned to receive urban services.
• Are subject to safety risks, such as flooding.
• Contribute to groundwater recharge and protection of the watershed.
• Serve the public good through the aesthetic, cultural and scenic benefits that open space and agricultural lands provide.
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WILDERNESS GOAL-1: Wilderness designation or recommendation should only be made where the values of wilderness designation are capable of balancing the other resource values and uses which would be foregone due to wilderness designation. The Board shall be consulted and involved in the decision-making process prior to the creation of any future wilderness designated areas within the county. Objective 1 - Wildlife, fire control, mineral resources, visitor impacts, grazing and management
shall be considered when designating areas for wilderness.
Policy A. Documented mineral resources or area of known or expected economic potential are adequate reasons to disqualify the area as wilderness.
Policy B. The county shall work with federal land managers to identify and mitigate any adverse economic impacts that would arise from a wilderness designation on local governments.
Objective 2 - Wilderness area management plans need to be developed involving the public and
governmental consultation, preferably using a coordinated RMP process. Objective 3 - Only areas that can be managed as wilderness should be considered for wilderness
designation. Policy A. Boundaries of wilderness areas should be easily identifiable on the ground and should not restrict access.
Objective 4 - Wilderness study areas (WSA) are vetted by public and County Government before
inclusion as wilderness or returned to multiple use. In cooperation with other local and municipal representatives, Nye County will petition the congressional representatives of the state to sponsor legislation that will release the study areas back to multiple use status.
Policy A. That any such lands deemed unsuitable or otherwise ineligible as a wilderness area by a management agency are immediately released into a multiple- use status unless acted on within five (5) years (Figure 5).
Objective 5 - The enabling legislation for wilderness designation includes language, which will
eliminate any consideration or application of “buffer” area concepts. Enabling legislation should also specifically support the Taylor Grazing Act.
Objective 6 - Lands damaged by fires, whether planned burns or not, be restored as quickly as
possible to protect and prevent land erosion. Natural vegetation should be planted and land restrictions lifted as soon as possible to allow wildlife development and grazing permits with limited disruptions.
Figure 5. Wilderness Study Areas.
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Source: BLM, Nevada State Office, 2008. " BLM Wilderness Study Areas (WSA) in Nevada".
BLM Recommendation on Suitability for
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CULTURAL RESOURCES GOAL-1: Conserve and protect the buildings, historic districts, objects, sites, trails, and structures of historical significance for the benefit of the present and future generations. Objective 1 - Federal and State efforts in identifying, preserving and interpreting Nye County’s
history be continued and expanded. Objective 2 - Cultural resources and historic sites be protected to the fullest extent possible as set
forth under the National Historic Preservation Act (NHPA) of 1966, as amended. Objective 3 - Archeological studies required by the federal or state agencies are coordinated with
the county. Objective 4 - Archeological studies are paid for by the agency requesting the study, and that all
studies shall be done in a timely manner. Objective 5 - At the discretion of Nye County, the county becomes an active coordinating
participant in the performance of resource survey activities. Objective 6 - Before any lands are set aside for preservation as a Monument for their historical
significance, the Board shall be consulted and involved in the decision-making process.
CULTURAL RESOURCES GOAL-2: Support and protect the inherent rights of the Native Americans in Nye County, while still protecting private property rights. Objective 1 - Opportunities for Native American activities be continued at levels consistent, with
the historical customs; the protection of property rights and sound resource management policies.
Objective 2 - Federal, state, and local governments shall not obstruct historic Native American
cultural activities on their respective lands. WILD HORSES AND BURROS GOAL-1: Manage wild horses and burros to minimize detrimental impacts on other multiple uses and pursue resource management where needed to correct wild horse and burro damage. Objective 1 - In consultation with Nye County, BLM shall manage wild horse and burro herds at
levels, established in the 1971 Wild Horse & Burro Act and consider the needs of other wildlife species and livestock grazing.
Policy A. Analysis of wild horse and burro populations and herd use areas and their management practices should be based on the best available information and input from local stakeholders.
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Objective 2 - A coordinated RMP process be used to solve wild horse and burro over population and resource degradation.
Objective 3 - Wild horse and burro impacts on private lands and water sources be mitigated and
compensation made for damage to private property by the managing agency. Objective 4 - Fencing adjacent to federal highways be provided by the federal and/or state
government in those open range areas where a number of roadway accidents have occurred resulting in personal injury or death.
Objective 5 - At the discretion of Nye County, the county becomes an active coordinating
participant in the performance of resource survey activities. WILDLIFE GOAL-1: Identify, protect, and preserve wildlife species and their habitats in Nye County. Objective 1 - The habitat needs of wildlife species be identified and provide for those needs to
attain reasonable population levels compatible with other multiple uses, as determined by public involvement.
Policy A. Critical wildlife habitats, such as streams, riparian zones, and wetlands, be identified and receive special management.
Policy B. Wildlife habitat improvement projects, such as guzzlers, are continued as appropriate and are fiscally possible. The projects should take into consideration impacts on other uses.
Policy C. Retain and restore public wetlands for wildlife and tourism opportunities where fiscally possible.
Objective 2 - Federal land management agencies consult with local wildlife advocates and Nye
County Board in regard to public land planning related to wildlife. Objective 3 - Federal and state agencies prepare a plan in coordination with Nye County before
the introduction or reintroduction of any species into public or private land, which is likely to impact Nye County.
Policy A. Develop a memorandum of understanding between Nye County and state and federal land managers that will address the introduction or reintroduction of any species that may affect Nye County.
Objective 4 - Threatened, rare and endangered species protections are adopted in coordination
with other land use activities. Objective 5 - Federal and state land, wildlife, and fishery management agencies coordinate with
the Board.
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Objective 6 - At the discretion of Nye County, the county becomes an active coordinating
participant in the performance of resource survey activities. PEST AND INVASIVE SPECIES CONTROL GOAL-1: Control of rodents and noxious and invasive weeds on all state and federal lands is of major concern to county residents. Objective 1 - Nye County will establish an animal damage control plan for the protection of
livestock and crops. Objective 2 - Government agencies coordinate their plans with Nye County with regard to pest
control actions and regulations. Objective 3 - Government agencies should be required to prepare and implement plans for
controlling predatory animals, rodents and noxious weeds in accordance with proven and recognized husbandry practices, not to exclude chemical controls.
Objective 4 - Nye County recognizes trapping as a historical and environmentally sound method
of controlling predatory animals to reduce property damage, and encourages its use. Objective 5 - Nye County advocates the control of disease bearing vectors as they are a
recognized threat to public health. Objective 6 - Nye County shall implement methods for the control of predators of desert tortoise
through best available management practices.
3.7 Goals, Objectives, and Policies – Federally Restricted Access Lands The following goals, objectives and policies have been developed to address Federally Restricted Access land management. FEDERALLY RESTRICTED ACCESS LANDS GOAL-1: Provide for the planned and orderly use of the public lands located within Nye County in a manner consistent with the constitutional rights of individuals and organizations. Objective 1- The interests of the citizens and economic welfare of the county be protected.
Policy A. Reserve the right of Nye County to tax all the personal property, all activities of persons and all buildings erected on the transferred land to the extent permitted by law. Policy B. Reserve the right of the citizens of Nye County to prospect for, mine and remove all deposits of minerals, including oil and gas on transferred lands. Policy C. Reserve such other legislative jurisdiction over the public land as does not interfere with the express purpose of the cession or consent of transfer.
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Policy D. Coordinate with the state Legislative Bureau and the state Planning Agency all proposed transfers of lands to the federal government. Policy E. Coordinate with all federal agencies that control lands within the county all proposed land use activities. Policy F: The federal land planning agencies shall work with the Nye County Board to ensure that federal agencies inform the Board of all pending or proposed actions affecting the various communities of Nye County, and provide for coordination in planning and implementation of all such plans affecting Nye County.
3.8 Goals, Objectives, and Policies – General Land Use The following goals, objectives, and policies are developed to address general land use issues. GENERAL LAND USE GOAL-1: To provide for the planned and orderly use of the lands located within Nye County in a manner consistent with the constitutional rights of individuals and organizations. Objective 1 - Regulatory techniques and other mechanisms be developed and implemented to
ensure that growth, development, and the use of land occurs in an orderly fashion consistent with constitutional rights.
Objective 2 - The capability be developed within county government to enforce the provisions of
the Uniform Building Code, Uniform Fire Code, the Uniform Mechanical Code, the National Electrical Code, and the Uniform Plumbing Code with such modifications as may be necessary to protect the health and safety of the citizens of the county.
Policy A. Adopt and enforce the provisions of the Uniform Building Code, the Uniform Fire Code, the Uniform Mechanical Code, the National Electrical Code, and the Uniform Plumbing Code countywide.
Objective 3 - The health, safety, and welfare of the public be protected by preventing heavy
industrial or potentially hazardous or noxious land use in inappropriate locations.
Policy A. On a case by case basis, work with the development community in the preparation of Development Agreements. This will allow the oversight, by the Board or their designees, of high impact developments such as solar, wind or geothermal power generation projects and their supporting uses, such as but not limited to, power corridors, substations, rights-of-way and similar uses as directed by the Board or their designees. Policy B. Develop and implement countywide ordinances in order to properly manage developments that require oversight by the county based on the location, size, or operational characteristics.
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Objective 4 - Detailed land use planning occurs at the community or planning area level and that
community and area land use plans and other growth management mechanisms are developed at the initiative of, and with the participation of, community and planning area residents.
Policy A. Develop a Nye County Development Code that provides for a multiple use development environment allowing commercial, office, light industrial and residential uses developed together based on performance and mitigation standards. Policy B. The Board will authorize the appropriate county department to work with unincorporated towns or areas to develop area land use plans, and/or other growth management mechanisms, upon receipt of an official request from a town board, citizens' advisory council, town advisory board, or a request from residents of an area outside of any unincorporated town. Policy C. Nye County will protect the custom and culture of county citizens through the protection of private property rights, the facilitation of a free market economy, and the establishment of a process to ensure self-determination by local communities and individuals.
Objective 5 - The health, safety, and general welfare of the citizens be protected, the vision of the
people as it relates to the growth and development of their community be ensured, and the growth philosophy of the Board be expressed in a manner that the development community may understand the hopes and desires of the citizens of Nye County.
Policy A. Develop a long term vision of the development pattern of the county. This will be expressed in a generalized land use plan map that will be consistent with the vision of the citizens of Nye County and their elected representatives. Policy B. Develop and maintain a countywide GIS database of existing and future land use.
GENERAL LAND USE GOAL-2: Promote development of mineralized lands, renewable and non-renewable energy projects, and provide adequate regulation to minimize or eliminate potential adverse impacts associated with project development and operation. Objective 1 – Identify suitable areas throughout the county for renewable and non-renewable
energy development and other industries not now represented in the Nye County economy.
Policy A. Encourage and support development of renewable energy and geothermal activity which provides benefit to Nye County and its citizens without adversely impacting the surrounding community and environment.
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Policy B. Ensure that renewable energy projects are viable, adequately maintained, compatible with surrounding environments, and that site rehabilitation will be completed once the project is terminated. Policy C. Renewable energy projects shall consult with U.S. Air Force (USAF) to ensure such projects will not interfere with aircraft operations throughout Nye County. Policy D. Renewable energy projects will not encroach upon residential development, and shall be located a suitable distance from existing homes and neighborhoods. Policy E. Nye County shall work with energy providers and BLM to establish utility corridors. Policy F. Nye County shall consult with Nevada Department of Wildlife (NDOW) and/or FWS with regard to wildlife habitat and potential effects on wildlife populations.
Objective 2 – Identify suitable areas for mining, industrial, and commercial development.
Policy A. Public land should be identified by the county for disposal that are adjacent to the established communities and tribal lands where existing services and roads are available to ensure that adequate infrastructure is available. Policy B. Any lands disposed of by BLM shall include the Comprehensive Plan land use designations and all