First, please know that this post does not contain or constitute legal advice. Given the complex patchwork of regulations that vary by jurisdiction, purchasers of rural real estate should always retain the services of a skilled Nevada real estate attorney. This post also does not touch upon what to know about living on land in rural Nevada.
Investing in rural land in Nevada offers vast opportunities, from building your dream home amidst the serene landscape to leveraging the land for agricultural or recreational purposes. However, the allure of wide-open spaces and the promise of freedom come with the responsibility of thorough research to avoid potential pitfalls. Unlike urban real estate, rural parcels in Nevada come with unique considerations such as water rights, access issues, and a regulatory framework that varies significantly across the state. This blog post aims to share essential considerations that can guide your research on rural Nevada land, ensuring you make an informed decision that aligns with your goals and expectations.
Understanding Land Use Regulations
The history of land use in rural Nevada is a tale of evolution from largely unregulated expansion to a structured regulatory framework. Initially, land use was driven by mining, agriculture, and ranching, with minimal oversight. However, as environmental awareness grew and the population increased, the need for regulations became apparent. The state government and local municipalities began implementing zoning laws, land use plans, and environmental protection measures to guide development and preserve Nevada’s natural resources. This shift reflected a growing recognition of the importance of sustainable land use practices and the need to balance economic activities with conservation efforts. Today, the regulatory framework in rural Nevada is a complex tapestry that reflects the state’s diverse interests and priorities, from protecting endangered species and their habitats to supporting the agricultural and mining industries that are vital to the local economy.
Zoning Laws: Zoning regulations in rural Nevada dictate how land can be used, categorizing areas for residential, commercial, agricultural, or industrial development. These laws aim to ensure that land use is compatible with community goals. For example, certain areas may be designated for agriculture, preserving them from development and protecting the agricultural heritage of rural Nevada.
Environmental Stewardship: Environmental regulations are designed to safeguard the state’s natural resources, including its diverse ecosystems, waterways, and wildlife. These rules encompass everything from habitat conservation efforts for endangered species to restrictions on development in sensitive areas.
Water Rights and Usage: Nevada’s arid climate makes water rights a crucial component of land use regulations. The state operates on a system of prior appropriation (“first in time, first in right”), where water rights are allocated based on historical usage. This system impacts agricultural practices, development projects, and conservation efforts, emphasizing the need for efficient water management and sustainable practices.
Agricultural Activity: Nevada’s Right to Farm and Open Range laws, which reflect the Silver State’s agricultural heritage, collectively wield a significant impact on property owners, often shaping the dynamics of land use and ownership rights in the state. The Right to Farm statute is designed to protect agricultural operations by allowing them to continue their practices without the threat of nuisance lawsuits, provided they operate within lawful and established parameters. This protection ensures that agricultural activities can persist even as residential development expands, potentially affecting property owners who may find themselves living near agricultural operations with practices they find objectionable or inconvenient. On the other hand, the Open Range law, which applies to “all unenclosed land outside of cities and towns upon which cattle, sheep or other domestic animals by custom, license, lease or permit are grazed or permitted to roam” (NRS 568.360 and 568.370), requires property owners to fence out wandering livestock if they wish to keep them off their land. This law places the burden of building and maintaining barriers on the property owners rather than on the livestock owners, influencing decisions related to property investment and maintenance. Together, these laws underscore Nevada’s historical and ongoing commitment to agricultural and ranching activities, while presenting unique challenges and considerations for residential property owners navigating the overlap of property development and agricultural land uses.
Building and Safety: If you are building any type of structure in rural Nevada and you ask the question, “Do I need a building permit for this?”, the answer is usually “yes”, though there are some notable exceptions. Most counties in Nevada enforce planning and building codes, with the building codes often based on the International Building Code (IBC) and International Residential Code (IRC).
Do not assume that you will be able to purchase a rural property in Nevada and legally construct anything you want to build and/or live off-grid. Planning and building regulations and enforcement thereof vary widely across the Silver State.
Building and planning regulations are highly variable across jurisdictions in rural Nevada. Most counties enforce building and planning codes that prohibit constructing and living in non-permitted structures. Others have adopted planning and/or building codes but enforcement may be variable, lax, or nonexistent. Several others have no planning or building codes on the books at all. For example, White Pine County has a Building Department that requires building permits and inspections of construction, and county codes prohibit occupying properties without a permitted dwelling. Esmeralda County, on the other hand, has no local building codes at all and property owners are given much more freedom to build as they please (which is evident if you see any of the creative construction in and around Goldfield), though state permitting requirements still apply to properties that rely upon wells and septic systems and possibly in other cases as well. Eureka County also has no zoning and does not require or issue building permits, though it does have an advisory Planning Commission.
The interplay of these regulations ensures that development in rural Nevada aligns with both economic objectives and land stewardship. Understanding these rules is essential for landowners and developers as they navigate the possibilities and constraints of rural land use.
Access and Easements
When researching rural land in Nevada, verifying legal access is paramount. Just because you see a road or track leading to a property on a satellite or aerial image does not mean (1) that the road is passable or in usable condition and/or (2) that you have the legal right to use that road even if it is navigable. Physical access to a property does not necessarily guarantee legal access, which could lead to complications. Investigate whether the property is landlocked or if there are established easements that provide legal access. A landlocked parcel is one that is cut off from legal access by surrounding properties. Easements may also exist on the parcel for utilities or access by neighboring properties, which could influence your use of the land. County records and title searches are valuable resources for uncovering easement information.
Water Rights and Resources
Water is a precious commodity in Nevada, making water rights a significant factor in rural land purchases. Understanding the specifics of water rights attached to a parcel and the process for transferring those rights is essential. Research through the Nevada Division of Water Resources can provide insights into water availability, existing water rights, and any limitations on water use. Additionally, consider the practicality of accessing water for your needs, whether through existing wells, the feasibility of drilling a new well, or alternative water sources. Checking with the local jurisdictions governing your property is also of paramount importance — Eureka County, for example, currently requires land owners in some areas to convey to a two acre feet water right per parcel to the county prior to development.
Environmental and Geological Considerations
The allure of rural Nevada’s natural beauty comes with its own set of environmental and geological considerations that are crucial for landowners to understand. The state’s diverse landscape means soil composition, topography, and flood risk can vary significantly from one parcel to another. Before making a purchase, it is wise to conduct a thorough environmental assessment to identify any potential issues, such as soil that is unsuitable for construction or agricultural use, or land within a flood zone which could require additional insurance.
Additionally, Nevada’s history of mining and natural resource extraction means some parcels may be subject to environmental cleanup regulations. Accessing geological surveys and environmental records through state and county agencies can provide invaluable insights. These records can reveal past uses of the land that might affect your ability to develop or use the property as intended. For instance, areas with high mineral content might be appealing for certain types of investments but could also come with environmental cleanup responsibilities.
Understanding the environmental and geological landscape of your potential land purchase in Nevada can prevent unexpected complications and ensure the sustainability of your investment. Agencies like the Nevada Bureau of Mines and Geology offer maps and reports that can be crucial for assessing the geological characteristics of a parcel.
Surveying and Property Boundaries
Accurate knowledge of property boundaries is essential for any land purchase but becomes even more critical in rural settings where large parcels and less frequent development can make boundaries less clear. Ensuring that a current survey of the land exists, or commissioning a new one if necessary, can help you avoid disputes with neighbors and ensure compliance with zoning and development regulations.
Surveys provide a detailed description of the property’s boundaries, topographical features, and any easements or encroachments that may affect the land. They can also identify any discrepancies in land size as recorded in public records versus the actual land available. This information is crucial for understanding exactly what you are purchasing and can impact decisions about land use, building, and even the value of the property.
To find existing surveys, start with the county recorder’s office where the land is located. If a recent survey hasn’t been conducted, it may be a wise investment to hire a licensed land surveyor. While this can add to the initial costs of land acquisition, it is invaluable for protecting your investment and ensuring peace of mind.
GIS (geographic information systems) parcel boundary data can be useful for helping you identify a property’s general location, but such data on its own is neither accurate nor precise enough to help you locate a property’s exact boundaries — nor is the GPS sensor in your mobile device. If the acronyms “PLSS”, “RTK”, and “PPK” look like alphabet soup to you, do not try to “DIY” this part of your project. As geospatial technology experts ourselves, trust us — you need to hire a licensed Nevada surveyor if you want to find a property’s actual boundaries.
When it comes to identifying actual property boundaries, GIS should stand for “Get It Surveyed!”
Utilities and Infrastructure
The availability of utilities and infrastructure is another vital aspect to consider when researching rural land in Nevada. Many rural areas may not have immediate access to utilities such as water, electricity, Internet, or sewer services, which can significantly impact your development plans and budget. Oftentimes costs can be prohibitively high for extending utilities to properties that are far from existing infrastructure. Mt. Wheeler Power, which serves portions of White Pine, Eureka, and Elko Counties, says it perfectly on their website: “Power is always available, but there are costs involved in bringing power to your potential property.” These costs are often significant and can make the difference between a property being a good investment or an unwise one.
Understanding what utilities are available and what you will need to install is a crucial step in the planning process. For example, if the property does not have access to a municipal water supply, you will need to consider the costs and logistics of drilling a well and/or setting up a water storage system. Similarly, the absence of municipal sewers will require construction of a septic system, which per the Nevada Division of Public and Behavioral health is not permitted on lots under one acre in size that are served by a domestic well, or one-half acre (20,780 sq ft) for lots served by a community water supply. This establishes functional minimum lot sizes for development in any areas of rural Nevada not served by sewers.
For Internet and phone services, check with local providers about coverage in the area. In some rural parts of Nevada, options may be limited, which could impact your plans, especially if you are considering working from home. Satellite Internet connections are normally available except in some areas of variable topography, but there are significant differences in the bandwidth offered by different satellite Internet service providers. Many rural Nevadans view high-speed satellite internet services like SpaceX’s Starlink as a game-changer, offering speeds never before available in the rural West.
Considerations for off-grid living (if not prohibited by local ordinance) may also come into play if traditional utilities are not feasible or desired. This lifestyle requires careful planning and investment in sustainable systems for water, energy, and waste management. Engaging with local authorities and utility companies early in your research process can provide a clearer picture of what to expect and help you budget for any necessary infrastructure improvements.
Invest with Confidence
Researching parcels of land in rural Nevada requires diligence and an understanding of the unique challenges and opportunities presented by the landscape. From zoning laws and water rights to environmental considerations and utility access, each aspect of your research plays a critical role in ensuring a successful land purchase. By taking the time to thoroughly investigate these key areas, you can make an informed decision that aligns with your goals for the land. Remember, the beauty and potential of rural Nevada are boundless, but they come with the responsibility of stewardship and due diligence.
Land Ho! is the perfect partner in this process — we can help you to identify the perfect property, facilitate due diligence, connect you with people who can help you to understand what you can or cannot do with a property, and even finance development of your dream home.