Nevada's 2025 Legislature passed Assembly Bill 241, which tells every county and city to allow apartments and mixed-use projects with housing on commercially zoned land "by right." Washoe County has now adopted its version.
What changed
AB 241 requires each governing body to adopt an ordinance authorizing, by right, a multifamily housing development or a mixed-use development with a residential use on property zoned for commercial use. By right means a project that meets the written standards does not need a discretionary approval. The ordinance may set standards a project must meet to qualify.
The bill does not apply to land zoned for or in relation to an airport, or to land within the region defined in the Tahoe Regional Planning Compact. Industrial zoning does not count as commercial. The bill set a deadline of March 1, 2026, and declared void, from that date, any local ordinance, regulation or rule that conflicts with it. It also applies the existing 25-day window for challenging a final local zoning decision.
On May 12, 2026, the Washoe County Board of Commissioners unanimously approved a new code, Article 403, that allows multifamily residential use in commercial zones and sets standards for those developments. That is after the statutory deadline.
Who this affects
Owners of apartments in unincorporated Washoe County, and owners of commercial land there. Reno and Sparks write their own ordinances, so the county's article does not cover them. We did not verify the status of the Reno or Sparks versions, so check each city's planning page.
Effective date
The state deadline was March 1, 2026. The county Board approved Article 403 on May 12, 2026.
What owners should do
- Read the adopted Article 403 for the actual density, parking and design standards before you rely on any figure you have heard.
- If you own an existing community, look at commercially zoned parcels near it. New apartments there can now move faster, which affects your competition.
- If you own commercial land, ask a planner what the by-right path would allow on your parcel.
- Watch the 25-day window if you want to challenge a local approval.
This is a summary, not legal advice. Talk to your attorney or the county planner about a specific site.