Las Vegas Sun

May 5, 2024

Moratorium placed on building near Nellis AFB

The Clark County Commission has placed a six-month moratorium on the issuance of building permits within 1,400 feet of Nellis Air Force Base.

The moratorium put in effect Tuesday is temporary while county staff reviews measures to ensure that land uses are compatible with Nellis activities.

Air Force officials said federal law prohibits housing within 1,400 feet of the area where live ammunition is loaded onto aircraft, called the explosive zone. The law recommends that only low-density housing and light commercial uses be allowed in the evacuation zone that goes out to 4,000 feet.

Commissioner Mary Kincaid recommended the moratorium for all building inside the 1,400-foot explosion perimeter and a review by the County Commission of all building and zoning requests up to 4,000 feet.

Steve Mack, whose clients are two months away from purchasing 80 acres within the 4,000-foot evacuation zone, objected to the moratorium, but Commissioner Lance Malone argued that public safety came first.

Malone wanted the moratorium in place while Sen. Harry Reid, D-Nev., negotiates for congressional funds to buy the land in the evacuation zone.

County attorneys disputed Mack's contention that the temporary moratorium constituted an illegal taking without compensation, but would be if the ordinance is constantly re-enacted.

County officials expect to have the issue resolved before the six-month moratorium is up.

"Sen. Reid has made it a top priority," Malone said.

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