What Out-of-State Developers Need to Know Before Building in Southern Nevada

Southern Nevada continues to attract out-of-state developers thanks to its pro-growth attitude, favorable tax climate and strategic location. Nonetheless, the region presents unique legal, regulatory and logistical challenges that you must understand before breaking ground.

As real estate attorneys based in Nevada, here’s what we advise every out-of-state client to consider before entering the Southern Nevada market:

Know Your Jurisdiction—City vs. County

Nevada is divided into 17 counties, which contain various incorporated cities. Importantly, unincorporated areas fall under county—not city—governance. Most of the famed Las Vegas Strip, for instance, lies in unincorporated Clark County, not the City of Las Vegas. Before you begin a project, determine which jurisdiction governs your site—city or county—and study the applicable municipal or county development codes. Each has distinct zoning, permitting and approval processes that can significantly impact your timeline and requirements.

Federal Land Limits Access to Developable Property

Over 80% of Nevada is federally owned, primarily managed by the Bureau of Land Management (BLM). This creates challenges in accessing outlying parcels, especially when federal easements or rights-of-way are involved. Many BLM encumbrances do not appear on standard title reports because they are unrecorded. A thorough due diligence process—often involving direct communication with BLM—is critical, especially if your site is near undeveloped federal land. This fact also means that most large tracts of undeveloped property are not privately accessible for development.

Resources are Regional

While you may be working with one jurisdiction, major projects in Southern Nevada are often subject to regional review. Water, flood control, transportation and environmental concerns are managed through coordinated regional efforts, which can trigger cross-agency oversight.

This can provide benefits, such as limiting environmental reviews under the Endangered Species Act due to a federal permit held by Clark County under the Multiple Species Habitat Conservation Plan. Conversely, Nevada’s access to water from the Colorado River is limited, and conservation is a top priority. Development in Southern Nevada is heavily regulated through regional water planning authorities. One such conservation measure provides for a moratorium on evaporative cooling technology in new commercial and industrial buildings—a major consideration for large-scale and significantly vertical developments. Accounting for these additional reviews is essential to a successful development.

Utility Access Requires Early Engagement

Southern Nevada’s utility infrastructure is largely controlled by privately owned utility companies, which are regulated by the state’s Public Utilities Commission. One important detail: most of these utilities do not reserve capacity for planned projects. That means you’ll need to initiate discussions early in the development process to confirm capacity and plan for long-term utility needs. Especially in mature areas utility capacity is a common issue—don’t let it be yours.

Follow the State Legislative Cycle and Incentive Process

Nevada’s legislature meets biennially for four months, with the most recent session ending in June 2025. This timing matters, as significant land use, zoning and development legislation is often passed during these sessions. Always consult legal counsel familiar with the latest legislative updates.

Additionally, entities like the Governor’s Office of Economic Development (GOED), Las Vegas Global Economic Alliance (LVGEA) and other regional development authorities are excellent starting points for exploring incentives, abatements or public-private partnership opportunities. Engaging them early can enhance your project’s viability. Our team can help navigate those processes.

Conclusion

Southern Nevada offers strong potential for those who navigate its complexities strategically. From jurisdictional differences to infrastructure and environmental regulations, understanding the full landscape before you build will save you time, money and risk. Our firm is here to help you make that transition smoothly and successfully.