Nev. Admin. Code § 322.250

Current through October 11, 2024
Section 322.250 - Requirements for construction and location of pier, breakwater, boat ramp, boat slip, boat fueling facility, boat house, boat hoist, water intake line or deck or similar structures; placement of certain anchors
1. Unless otherwise provided in a permit issued by the State Land Registrar, a pier, breakwater, boat ramp, boat slip, boat fueling facility, boat house, boat hoist, water intake line or deck or similar structure must be constructed:
(a) As closely to a right angle to the shore as possible; and
(b) So as not to interfere with existing structures.
2. Except as otherwise provided in this subsection, a structure described in subsection 1 other than a water intake line may extend only to a length that will allow access to the water depth necessary for boats customarily in use during a normal period of low water. If extenuating circumstances exist, the State Land Registrar may allow an increase in the length or size of any such structure.
3. Except as otherwise provided in subsections 7 and 8, a structure described in subsection 1 for:
(a) Commercial use must not be located closer than 25 feet from each adjacent property projection line.
(b) Residential use or multiple use must not be located closer than 10 feet from each adjacent property projection line.
4. Except as otherwise provided in subsection 7, the anchor of a mooring buoy must not be:
(a) Placed closer than 50 feet from the anchor of another mooring buoy.
(b) Placed in the water at a depth greater than that necessary for the safe accommodation of boats normally in use on the navigable body of water of this State.
(c) Located closer than 20 feet from each adjacent property projection line.
5. The anchor of a navigational structure may be placed closer than 50 feet from the anchor of another navigational structure.
6. Except as otherwise provided in this subsection, property projection lines:
(a) In Lake Tahoe must be extended at a right angle to the shore from the low water elevation (6,223 feet) of Lake Tahoe.
(b) Of a navigable body of water of this State other than Lake Tahoe must be extended at a right angle to the shore from the ordinary high-water mark of the navigable body of water.

The State Land Registrar may waive the requirements of this subsection if the State Land Registrar determines that such a waiver would provide each owner of a littoral parcel with a reasonable distribution of the area.

7. Except as otherwise provided in subsection 8, if the placement of a structure described in subsection 1 or 4 does not meet the setback distance required pursuant to subsection 3 or 4, as applicable, the State Land Registrar must receive written consent from the owner of the affected adjacent property before the State Land Registrar issues a permit for the structure.
8. The State Land Registrar may issue a permit for a pier or breakwater that does not meet the setback distance required pursuant to subsection 3 without requiring the applicant for the permit to secure consent from the owner of the affected adjacent property if the pier or breakwater was functional before October 30, 1979, or if the State Department of Conservation and Natural Resources or the State Land Registrar issued a permit for the pier or breakwater before October 24, 2014.
9. A structure or facility must be designed and installed so that it will not be damaged by anticipated natural forces.

Nev. Admin. Code § 322.250

Added to NAC by St. Land Registrar by R135-13, eff. 10/24/2014

NRS 322.100, 322.170; NAC 445A.044