reglab/housing_qa huggingface dataset:
NM Stat § 3-20-10 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 20 - Subdivisions; Planning and Platting|Section 3-20-10 - Filing in office of county clerk; duties of county clerk.

When a plat is submitted for filing in the office of the county clerk, the county clerk shall determine if the proposed subdivision is subject to the provisions of Sections 3-20-1 through 3-20-15 NMSA 1978 and if the required endorsements are on the plat. A county clerk shall not accept for filing any plat which is subject to the provisions of the Municipal Code and which has not been approved by the planning authority of the municipality within whose jurisdiction the proposed subdivision lies. The plat shall contain an affidavit stating that the proposed subdivision does or does not lie within the planning or platting jurisdiction of any municipality. History: 1953 Comp., § 14-19-9, enacted by Laws 1965, ch. 300; 1973, ch. 348, § 33. ANNOTATIONSLaw reviews. — For comment, "Regional Planning - Subdivision Control - New Mexico's New Municipal Code," see 6 Nat. Resources J. 135 (1966).
NM Stat § 3-20-12 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 20 - Subdivisions; Planning and Platting|Section 3-20-12 - Vacation or partial vacation of plat; approval of government having jurisdiction; duties of county clerk.

A. Any plat filed in the office of the county clerk may be vacated or a portion of the plat may be vacated provided: (1) the owners of the land in the territory proposed to be vacated sign a statement, duly acknowledged, declaring the plat or a portion of the plat to be vacated; and (2) the statement is endorsed "Approved" by the planning authority of the municipality within whose platting jurisdiction the subdivision lies. B. In approving the vacation or partial vacation of a plat, the planning authority of the municipality shall consider if the vacation or partial vacation of a plat will adversely affect the interests or rights of persons in contiguous territory or within the subdivision being vacated. In approving the vacation or partial vacation of a plat, the planning authority of the municipality may require that streets dedicated to the municipality in the original plat shall continue to be dedicated to the municipality. The owners of lots on the vacated plat or on the portion of the plat being vacated may enclose in equal proportions the adjoining streets and alleys which are authorized to be abandoned by the planning authority of the municipality. C. The statement declaring the vacation or partial vacation of a plat and having the proper endorsements shall be filed in the office of the county clerk wherein the original plat is filed. The county clerk shall mark the applicable words "Vacated" or "Partially Vacated" across the plat and shall refer on the plat to the volume and page on which the statement of vacation or partial vacation is recorded. History: 1953 Comp., § 14-19-11, enacted by Laws 1965, ch. 300; 1973, ch. 348, § 35. ANNOTATIONS"Planning authority" synonymous with planning commission. — Where a city has created a planning commission pursuant to 3-19-1 NMSA 1978 and delegated to it the powers necessary to carry out the laws relating to planning and platting, the planning commission and not the city itself is the "planning authority" referred to in Subsection B and that commission must approve any statement declaring certain property to be vacated before the requirements of this section are met. Sprague v. City of Las Vegas, 1984-NMSC-052, 101 N.M. 185, 679 P.2d 1283. Modification by dedicator. — A dedication once effectively made by the owner bound him and neither he nor his successors in title could thereafter impair it by filing an amended plat. Statute prescribed the only manner in which a dedication might be vacated. State ex rel. Shelton v. Board of Comm'rs, 1945-NMSC-027, 49 N.M. 218, 161 P.2d 212. Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity and construction of regulations as to subdivision maps or plats, 11 A.L.R.2d 524. 62 C.J.S. Municipal Corporations § 77.
NM Stat § 3-20-13 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 20 - Subdivisions; Planning and Platting|Section 3-20-13 - Vacation; rights of utility.

The rights of any utility already existing shall not be affected by any vacation or partial vacation of a plat. History: 1953 Comp., § 14-19-12, enacted by Laws 1965, ch. 300. ANNOTATIONSLaw reviews. — For note, "Public Labor Disputes - A Suggested Approach for New Mexico," see 1 N.M.L. Rev. 281 (1971).
NM Stat § 3-20-14 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 20 - Subdivisions; Planning and Platting|Section 3-20-14 - Penalties for transferring lots in unapproved subdivisions.

Any owner, or agent of the owner, of any land located within the platting jurisdiction of the planning commission of any municipality who transfers, sells, agrees to sell, or negotiates to sell the land by reference to or exhibition of or by other use of a plat or subdivision of the land before the plat has been approved as provided in the Municipal Code and recorded in the office of the appropriate county recorder, shall be guilty of a misdemeanor. Upon conviction, the owner or his agent shall pay a penalty of one hundred dollars ($100) for each lot transferred or sold, or agreed or negotiated to be sold. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties. Any municipality, through its attorney or other official designated by its governing body may enjoin the transfer or sale or agreement by action for injunction or may recover the penalty by civil action. History: 1953 Comp., § 14-19-13, enacted by Laws 1966, ch. 64, § 4; 1973, ch. 348, § 36. ANNOTATIONSRepeals. — Laws 1966, ch. 64, § 4, repealed former 14-19-13, 1953 Comp., relating to voiding of plat and voiding sale of land without approval of plat, and enacted a new 14-19-13, 1953 Comp. Law reviews. — For comment, "Regional Planning - Subdivision Control - New Mexico's New Municipal Code," see 6 Nat. Resources J. 135 (1966). For note, "County Regulation of Land Use and Development," see 9 Nat. Resources J. 266 (1969). For note, "Public Labor Disputes - A Suggested Approach for New Mexico," see 1 N.M.L. Rev. 281 (1971).
NM Stat § 3-20-15 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 20 - Subdivisions; Planning and Platting|Section 3-20-15 - Approval necessary for utility protection.

Until a plat has been approved by the planning authority, any official of a municipality or public utility company who shall serve or connect the land within the subdivision and within the planning and platting jurisdiction of a municipality with any public utility such as water, sewer, electric or gas is guilty of a misdemeanor. A municipality may require any utility connected in violation of this section to be disconnected. History: 1953 Comp., § 14-19-14, enacted by Laws 1965, ch. 300. ANNOTATIONSLaw reviews. — For comment, "Regional Planning - Subdivision Control - New Mexico's New Municipal Code," see 6 Nat. Resources J. 135 (1966). For note, "County Regulation of Land Use and Development," see 9 Nat. Resources J. 266 (1969).
NM Stat § 3-20-16 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 20 - Subdivisions; Planning and Platting|Section 3-20-16 - Validation of deeds.

All instruments conveying real property which were voided solely under the provisions of Laws 1965, Chapter 300, Section 14-19-13 [3-20-14 NMSA 1978], are validated. After the effective date of this section, no court of this state has jurisdiction to entertain any question based upon the provisions of Laws 1965, Chapter 300, Section 14-19-13. History: 1953 Comp., § 14-19-14.1, enacted by Laws 1966, ch. 64, § 8. ANNOTATIONSLaw reviews. — For comment, "Land Use Planning - New Mexico's Green Belt Law," see 8 Nat. Resources J. 190 (1968).
NM Stat § 3-21-2.1 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 21 - Zoning Regulations|Section 3-21-2.1 - Certain municipalities; changing the zoning or use of certain areas; election allowed.

A municipality that has a population of one thousand five hundred or less at the last federal decennial census and that is partially bordered, at the time of that census, by federal land managed by the United States forest service, may change the zoning or use of any land acquired by first submitting the question to the voters at a general election or at a special election called for that purpose if the acquired land: A. was acquired by the municipality from or with the permission of the United States forest service; B. lies adjacent to the municipality's geographical boundary; and C. is zoned or used at the time of acquisition for recreation, school sites, greenbelt or buffer land. History: Laws 1997, ch. 142, § 1.
NM Stat § 3-21-3.1 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 21 - Zoning Regulations|Section 3-21-3.1 - Additional procedures for extraterritorial zoning and subdivision regulation.

In addition to the powers authorized in Sections 3-21-2, 3-21-3 and 3-21-4 NMSA 1978, any county and any municipality may agree to authorize a joint municipal-county zoning authority to enact ordinances, regulations, or both, relating to approval and regulation of subdivisions within the extraterritorial zoning area as defined by the agreement creating the joint municipal-county zoning authority. Such subdivision ordinances and regulations shall be adopted, amended and enforced pursuant to Sections 3-21-3 and 3-21-4 NMSA 1978, as appropriate. Such subdivision ordinances and regulations may define "subdivision" in a manner which differs from the definitions set forth in Subsection A of Section 3-20-1 NMSA 1978 and in Subsection I of Section 47-6-2 NMSA 1978. The joint municipal-county zoning authority may also modify portions of the comprehensive plan, provided that such modifications leave unchanged those portions in the comprehensive plan that are not in the extraterritorial area. History: 1978 Comp., § 3-21-3.1, enacted by Laws 1988, ch. 91, § 1; 1989, ch. 238, § 1. ANNOTATIONSThe 1989 amendment, effective June 16, 1989, substituted "any county and any municipality" for "any class B county with a population in excess of ninety-five thousand persons and any municipality with a population in excess of fifty thousand persons located in such class B county" in the first sentence.
NM Stat § 3-21-3.3 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 21 - Zoning Regulations|Section 3-21-3.3 - Extraterritorial zoning jurisdiction; concurrent authority for certain counties.

A class A county with a population, as shown by the most recent federal decennial census, of greater than one hundred fifty thousand and less than four hundred thousand and a municipality within that county may exercise concurrent authority pursuant to an extraterritorial zoning authority created under Section 3-21-3 or 3-21-3.2 NMSA 1978 or pursuant to the terms of a joint powers agreement. History: Laws 2009, ch. 34, § 1. ANNOTATIONSEffective dates. — Laws 2009, ch. 34 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
NM Stat § 3-21-4 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 21 - Zoning Regulations|Section 3-21-4 - Extraterritorial zoning ordinance; enforcement and administration; appeals.

A. A zoning ordinance adopted by a joint municipal-county zoning authority shall be an ordinance of the municipality and an ordinance of the county joining in the agreement pursuant to Subsection A of Section 3-21-3 NMSA 1978 and may be enforced by appropriate procedures of either the municipality or the county. The agreement entered into pursuant to Subsection A of Section 3-21-3 NMSA 1978 may specify whether the municipality or the county shall assume primary enforcement responsibility. B. The extraterritorial zoning commission shall administer the zoning ordinance adopted by the joint municipal-county zoning authority in the manner provided in Subsection C of Section 3-21-7 NMSA 1978. C. Appeals from the decisions of the extraterritorial zoning commission shall be taken to the joint municipal-county zoning authority in the manner provided in Section 3-21-8 NMSA 1978, and appeals from the decisions of the joint municipal-county zoning authority shall be taken to the district court in the manner provided in Section 39-3-1.1 NMSA 1978. History: 1953 Comp., § 14-20-2.3, enacted by Laws 1977, ch. 80, § 3; 1998, ch. 55, § 6; 1999, ch. 265, § 6. ANNOTATIONSCross references. — For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA. The 1998 amendment, effective September 1, 1998, in Subsection C substituted "12-8A-1 NMSA 1978" for "3-21-9 NMSA 1978". The 1999 amendment, effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1" in Subsection C. Applicability of chapter. — This chapter does not effectively repeal all prior laws and ordinances governing the extraterritorial area; the county still had authority to enforce its ordinances throughout its territory except within the limits of a municipality. Edwards v. Board of Cnty. Comm'rs, 1994-NMCA-160, 119 N.M. 114, 888 P.2d 996.
NM Stat § 3-21-4.1 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 21 - Zoning Regulations|Section 3-21-4.1 - Extraterritorial zoning ordinances adopted under former law.

Notwithstanding any other provision of law to the contrary, all zoning ordinances adopted by class A counties pursuant to Section 15-36-26 NMSA 1953 (being Laws 1961, Chapter 21, Section 1, as amended) are valid and enforceable as of their effective dates and as they may have been amended from time to time. Such ordinances may be amended according to their provisions and may be enforced with respect to areas of the county not within the boundaries of a municipality; provided that such ordinances must be in effect as of the effective date of this 1996 act and shall not have been superseded by any municipal ordinance or by any joint ordinance of a county and a municipality adopted pursuant to the provisions of Sections 3-21-2 through 3-21-4 NMSA 1978. History: 1978 Comp., § 3-21-4.1, enacted by Laws 1996, ch. 21, § 1.
NM Stat § 3-21-7 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 21 - Zoning Regulations|Section 3-21-7 - Appointment of a zoning commission; duties; preliminary report and hearing.

The zoning authority, within its jurisdiction, may: A. act as a zoning commission; B. designate the planning commission to act as a zoning commission; or C. appoint a zoning commission, which shall recommend the boundaries of the various original districts and the regulations necessary to enforce the zoning restrictions. The zoning commission shall make a preliminary report and hold a hearing on the preliminary report before the report is submitted to the zoning authority for action. History: 1953 Comp., § 14-20-5, enacted by Laws 1965, ch. 300. ANNOTATIONSLaw reviews. — For note, "County Regulation of Land Use and Development," see 9 Nat. Resources J. 266 (1969).
NM Stat § 3-21-11 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 21 - Zoning Regulations|Section 3-21-11 - Conflicts between zoning regulations and other statutes and ordinances.

If any other statute or regulation or other local ordinance, resolution or regulation adopted under authority of Sections 3-21-1 through 3-21-14 NMSA 1978 is applicable to the same premises, the provision shall govern which requires: A. the greater width or size of yards, courts or other open spaces; B. the lower height of building or a less number of stories; C. the greater percentage of lot or land to be left unoccupied; D. or imposes, other higher standards. History: 1953 Comp., § 14-20-9, enacted by Laws 1965, ch. 300. ANNOTATIONSCross references. — For conflicts with Scenic Highway Zoning Act, see 67-13-14 NMSA 1978. Master plan. — A master plan is not a zoning document within the meaning of Section 3-21-11 NMSA 1978 and does not supercede less restrictive provisions in a zoning ordinance. West Bluff Neighborhood Ass'n v. City of Albuquerque, 2002-NMCA-075, 132 N.M. 433, 50 P.3d 182, rev'd on other grounds, Rio Grande Chapter of Sierra Club v. N.M. Mining Comm'n, 2003-NMSC-005, 133 N.M. 97, 61 P.3d 806. This section does not provide counties with express authority to zone on state land. County of Santa Fe v. Milagro Wireless, LLC, 2001-NMCA-070, 130 N.M. 771, 32 P.3d 214. Law reviews. — For note, "County Regulation of Land Use and Development," see 9 Nat. Resources J. 266 (1969). Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity of zoning ordinances prohibiting or regulating outside storage of house trailers, motor homes, campers, vans and the like in residential neighborhoods, 95 A.L.R.3d 378. Enforcement of zoning regulation as affected by other violations, 4 A.L.R.4th 462. Zoning regulation of intoxicating liquor as pre-empted by state law, 65 A.L.R.4th 555.
NM Stat § 3-21-12 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 21 - Zoning Regulations|Section 3-21-12 - County zoning authority; authority to contract.

A county zoning authority may contract for staff assistance and the service of another body if the other body is a: A. state agency; B. federal agency; C. private planning agency; or D. planning or zoning commission of a municipality within the county. History: 1953 Comp., § 14-20-10, enacted by Laws 1965, ch. 300. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Enforcement of zoning regulation as affected by other violations, 4 A.L.R.4th 462.
NM Stat § 3-21-13 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 21 - Zoning Regulations|Section 3-21-13 - Zoning enforcement by counties.

A. Counties having authority to regulate building and zoning under Sections 3-21-1 through 3-21-14 NMSA 1978, may enact ordinances to carry out that authority the same as a municipality, except where inconsistent with statutory or constitutional limitations placed on counties. The ordinances are effective only within the zoning jurisdiction of the county. B. County ordinances enacted under this section may be enforced by prosecution in the district court of the county. Penalties for violations of these ordinances shall not exceed a fine of three hundred dollars ($300) or imprisonment for ninety days, or both. C. The district attorney and sheriff shall enforce these ordinances. History: 1953 Comp., § 14-20-11, enacted by Laws 1965, ch. 300. ANNOTATIONSEnforcement not limited. — By using "may" instead of "shall" in Subsection B of Section 3-21-13 NMSA 1978, the legislature indicated that it was being permissive, granting a county discretionary authority to enforce violations of ordinances by quasi-criminal prosecution subject to fines and imprisonment. Cerrillos Gravel Products, Inc. v. Santa Fe Bd. of Cnty. Comm'rs, 2005-NMSC-023, 138 N.M. 126, 117 P.3d 932. This section does not provide sole remedy for violations of county ordinances. Cerrillos Gravel Products, Inc. v. Santa Fe Bd. of Cnty. Comm'rs, 2005-NMSC-023, 138 N.M. 126, 117 P.3d 932. County having proper zoning ordinances may pass ordinances requiring building permits in areas outside of municipalities. 1969 Op. Att'y Gen. No. 69-74. Law reviews. — For note, "County Regulation of Land Use and Development," see 9 Nat. Resources J. 266 (1969). For article, "Existing Legislation and Proposed Model Flood Plain Ordinance for New Mexico Municipalities," see 9 Nat. Resources J. 629 (1969). Am. Jur. 2d, A.L.R. and C.J.S. references. — Enforcement of zoning regulation as affected by other violations, 4 A.L.R.4th 462.
NM Stat § 3-21-15 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 21 - Zoning Regulations|Section 3-21-15 - [Special zoning districts;] short title.

This act [3-21-15 to 3-21-26 NMSA 1978] may be cited as the "Special Zoning District Act." History: 1953 Comp., § 14-20-13, enacted by Laws 1965, ch. 206, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For Municipal Airport Zoning Law, see 3-39-16 to 3-39-26 NMSA 1978. Law reviews. — For note, "County Regulation of Land Use and Development," see 9 Nat. Resources J. 266 (1969). For article, "Rural Development Considerations for Growth Management," see 43 Nat. Resources J. 781 (2003). Am. Jur. 2d, A.L.R. and C.J.S. references. — Zoning: what constitutes "incidental" or "accessory" use of property zoned and primarily used for business or commercial purposes, 60 A.L.R.4th 907. Validity and construction of zoning laws setting minimum requirements for floorspace or cubic footage inside residence, 87 A.L.R.4th 294.
NM Stat § 3-21-16 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 21 - Zoning Regulations|Section 3-21-16 - Purpose of act.

The purpose of the Special Zoning District Act [3-21-15 to 3-21-26 NMSA 1978] is to promote the health, safety, morals and general welfare of persons residing in areas outside the boundary limits of incorporated municipalities. History: 1953 Comp., § 14-20-14, enacted by Laws 1965, ch. 206, § 2. ANNOTATIONSLaw reviews. — For note, "County Regulation of Land Use and Development," see 9 Nat. Resources J. 266 (1969).
NM Stat § 3-21-17 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 21 - Zoning Regulations|Section 3-21-17 - Definitions.

As used in the Special Zoning District Act [3-21-15 to 3-21-26 NMSA 1978]: A. "person" includes one or more individuals, partnerships, associations, corporations, the state, any political subdivisions of the state and its agencies; B. "district" means special zoning district; C. "commission" means zoning commission; D. "single family dwelling" means a house which is occupied, as a rule, for permanent residence purposes by a person maintaining a household, or two or more persons maintaining a common household. History: 1953 Comp., § 14-20-15, enacted by Laws 1965, ch. 206, § 3.
NM Stat § 3-21-19 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 21 - Zoning Regulations|Section 3-21-19 - Zoning commission.

A zoning commission consisting of five members shall be elected by the registered electors residing within the district in accordance with the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978]. Members of the commission shall be residents of the district, and each shall be elected for a term of two years. Any vacancy on the commission shall be filled by the remaining members appointing a new member to fill the unexpired term. Members of the commission shall serve without compensation. History: 1953 Comp., § 14-20-17, enacted by Laws 1965, ch. 206, § 5; 2018, ch. 79, § 61. ANNOTATIONSThe 2018 amendment, effective July 1, 2018, provided that the Local Election Act governs elections for zoning commissioners; and after "residing within the district", added "in accordance with the provisions of the Local Election Act".
NM Stat § 3-21-20 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 21 - Zoning Regulations|Section 3-21-20 - Election of members to the commission.

Election of members to the commission shall be conducted pursuant to the Local Election Act [Chapter 1, Article 22 NMSA 1978]. History: 1953 Comp., § 14-20-18, enacted by Laws 1965, ch. 206, § 6; 2018, ch. 79, § 62. ANNOTATIONSThe 2018 amendment, effective July 1, 2018, provided that the Local Election Act governs elections of members to the commission, and completely rewrote the section. Quo warranto. — There being no special statutory method for attacking the validity of the office of a zoning district commissioner or the creation of a special zoning district, quo warranto is appropriate and is dispositive as to who is a proper party plaintiff and when such party may institute an action in quo warranto, as a private relator. State ex rel. Huning v. Los Chavez Zoning Comm'n, 1982-NMSC-024, 93 N.M. 655, 604 P.2d 121.