Nev. Admin. Code § 361.61034

Current through June 11, 2024
Section 361.61034 - New parcels: Evaluation; determination of change in use; effect of determination
1. Each new parcel for development must be separately evaluated to determine whether there has been any change in the use of the property that comprises the parcel.
2. A determination that there is a change in the use of the property must be based on a finding that:
(a) The property was being used as vacant land as of the commencement of the prior year and:
(1) As the result of the recording of a subdivision map creating individual lots for residential development, the property is held for residential use as of the commencement of the current year;
(2) As the result of the recording of a subdivision map creating a new commercial or industrial subdivision or the creation of new parcels within such a subdivision, the property is held for commercial or industrial use as of the commencement of the current year; or
(3) As the result of new construction on the parcel sufficient to allow for an identification of the use of the property, the property is in agricultural use, open-space use, residential use, commercial or industrial use, institutional use or recreational use as of the commencement of the current year; or
(b) The use of the property as of the commencement of the current year for agricultural use, open-space use, residential use, commercial or industrial use, institutional use or recreational use is different from the use of the property as of the commencement of the prior year.
3. For the purpose of determining whether there has been a change in the use of the property that comprises a new parcel for development that was created from an existing parcel that had more than one use in the prior year, the use of the portion of the existing parcel from which the new parcel for development was created must be determined to be the use of the property that comprises the new parcel for development in the current year.
4. If the use of the property:
(a) Has not changed, the parcel is a remainder parcel.
(b) Has changed, the parcel is a new parcel for development which is not eligible for the partial abatement of taxes provided by subsection 2 of NRS 361.4722.
5. The provisions of this section apply to the determination of whether a new parcel or other taxable unit of property is a remainder parcel for the tax year beginning on July 1, 2015, and each subsequent tax year.
6. As used in this section, "use of the property" means the principal use of the property for one of the following purposes:
(a) Agricultural use;
(b) Open-space use;
(c) Residential use;
(d) Commercial or industrial use;
(e) Institutional use;
(f) Recreational use; or
(g) Use as vacant land.

Nev. Admin. Code § 361.61034

Added to NAC by Tax Comm'n by R001-07, eff. 3-23-2007; A by R021-17A, eff. 1/30/2019
NRS 360.090 and 361.4722