Las Vegas plan could violate fed rules

Adrienne Packer

Thursday, July 26, 2001 | 10:55 a.m.

If successful, the city of Las Vegas' request to annex about 80 square miles in the northwest valley could temporarily halt growth by jeopardizing Clark County's endangered species and air quality plans, officials said today.

County planners, who oversee both federally mandated strategies, learned of the city's unprecedented proposal to double its size Wednesday afternoon.

Much of the land requested includes a vast Desert National Wildlife Area and U.S. Department of Defense property, none of which can be immediately developed.

"I'm not sure what their thinking is on this," Planning Director John Schlegel said, scanning the proposal relayed to the county by the Bureau of Land Management. "Why they want to annex that we don't know."

The letter -- dated July 19 -- to the BLM from David Roark, who is with the city's Real Estate and Asset Management division, says taking hold of the land is Las Vegas' sole opportunity for growth.

"The extension of the city limits to the north is imperative to the future growth and development of the city," Roark wrote. "Being effectively landlocked to the east, south and west, this annexation will provide the sole opportunity for the expansion of the city and its urban services in support of a growing population."

In his letter Roark requested a response within two weeks.

The vast chunk of desert land is outside disposal boundaries listed in the Federal Public Lands Management Act.

The Act allows federal land within the boundaries to be auctioned by cities or the county to the highest bidder. Proceeds from the auctions are dedicated to the Southern Nevada Water Authority, the educational system and to purchase environmentally sensitive land.

Alan Pinkerton, manager of the Planning Department's environmental division, said the only development outside the boundary in the area in which the city is interested is the wildlife area's visitors center and 20 to 30 homes in the Corn Creek development.

Most important to county officials, the land plays a vital role in its Multiple Species Habitat Conservation Plan.

The plan to protect the endangered desert tortoise and nearly 100 other plants and animals was initially developed after a moratorium was placed on growth in the valley when the desert tortoise was placed on the endangered species list a decade ago.

Pinkerton said if the BLM accepted the proposal, not only would the endangered species plan have to be amended but it would take an act of Congress to allow land to be developed.

As a result of the highly contentious meetings between federal agencies, developers and recreational users of the desert, developers are required to pay $550 for each acre they develop to mitigate the loss of endangered species.

Pinkerton said much of the funds collected are used to preserve species on the property the city hopes to annex. If the city plans to develop the property the county would have to amend its plan with the U.S. Department of Fish and Wildlife Services.

"There could be federal sanctions," Pinkerton said. "It could put a hold on additional growth in the valley. The Fish and Wildlife Service would be responsible to make that determination.

"Until a new plan is developed, no development could take place."

The annexation would also affect a recent air quality plan the county finally submitted to the Environmental Protection Agency after years of having its draft reports rejected and being faced with federal sanctions.

Pinkerton said in its plan, the county vowed there would be no development outside of the disposal boundaries.

"The EPA is very supportive of that plan right now," Pinkerton said. "But, here we go again."