Given we’ve shared that a general improvement district’s (“GID’s”) Board of Trustees’ (“Board’s”) power to “fix, and from time to time increase or decrease…rates, tolls or charges” flows from NRS 318.197(1), and this NRS fails to expressly “includ(e)…charges for” defensible space aka fuels management, here we examine defensible space charges, and whether they are assessed by the District? Much the same as our discussions of standby service charges, nowhere is this monetary exaction expressly identified. Neither in NRS 318, nor otherwise. So again, how are we supposed to interpret the omission? Or is there even an omission to construe given NRS 318.197(1) instructs that the rates, tolls and charges a GID Board may fix are “not limited to” the explicit list¹ stated²? To answer this question we submit the inquiry becomes a two part process. First, we must define the exaction “defensible space?”³ And in coming up with that definition we must apply the rules of statutory construction⁴. And second, once we complete this inquiry, we can determine whether the District assesses these charges, and against who?

Answering the latter inquiry, and as stated elsewhere, since 1991, as part of the budget process, the District has contributed $200,000/annually towards misnomered (it should accurately be labeled “fuels management”) defensible space.

“$100,000 (was)….allocated from the Community Administration budget, which was initially funded by the (recreation) facility fee (‘RFF’)…(and) the remaining $100,000 (wa)s split between the water and sewer divisions of the Utility Fund.”⁵

And at the Board’s March 19, 2026 meeting⁶, it actually doubled the annual contribution to $400,000! Thus for FY 2025-26, $200,000 was paid by the Community Services Administration sub-fund⁷ and an additional $200,000 was paid by the Utility Fund (divided $100,000 by the Water sub-fund⁸, and another $100,000 by the Sewer sub-fund⁹). Since “all (utility) charges, fees and amounts due and payable shall be billed to the owner of the premises, whether or not the owner is also the occupant,”¹⁰ and staff report there are 8,261 parcels/dwelling units being assessed the RFF¹¹, this $400,000 equates to roughly $48.50 annually, per parcel owner. Involuntarily assessed to protect all fellow property owners (including IVGID, Washoe County, the Washoe County School District, the Washoe County Sheriff, the North Lake Tahoe Fire Protection District, etc.), non-property owning residents, inhabitants, visitors, invitees and business customers¹² to/within Incline Village/Crystal Bay from the consequences of a devastating wildfire.

And now you know!

1. “Service charges and standby service charges, for services or facilities furnished by the district, charges for the availability of service, annexation charges, and minimum charges.”
2. If we accept these words literally, then why the need to identify the types of exactions expressly identified? Aren’t they already included within the term “not limited to?”
3. Rather than repeating ourselves, we refer the reader to our What Are Defensible Space Services discussion.
4. Rather than repeating ourselves, we refer the reader to our How Courts Instruct We Interpret The Powers a GID May Exercise discussion.
5. See page 5 of the packet of materials prepared by staff in anticipation of the Board’s March 19, 2025 meeting (“the 3/19/2025 Board packet“).
6. See page 42 of the packet of materials prepared by staff in anticipation of the Board’s April 9, 2025 meeting (“the 4/9/2025 Board packet“).
7. See chart of account GL# 30364999-7560.
8. See chart of account GL#20002299-7560.
9. See chart of account GL#20002599-7560
10. See ¶9.06 of Ordinance No. 4, the District’s Water Ordinance and ¶14.05 of Ordinance 2, the District’s Sewer Ordinance.
11. See page 107 of the 5/30/2025 Board packet.
12. In other words, the general public as a whole!