reglab/housing_qa huggingface dataset:
NM Stat § 5-8-20 (2021)
2021 New Mexico Statutes|Chapter 5 - Municipalities and Counties|Article 8 - Land Development Fees and Rights|Section 5-8-20 - Information about assumptions available to public.

On or before the date of the first publication of the notice of the hearing on land use assumptions, the municipality or county shall make available to the public its land use assumptions, the time period of the projections and a description of the general nature of the capital improvement facilities that may be proposed. History: Laws 1993, ch. 122, § 20.
NM Stat § 5-8-21 (2021)
2021 New Mexico Statutes|Chapter 5 - Municipalities and Counties|Article 8 - Land Development Fees and Rights|Section 5-8-21 - Notice of hearing on land use assumptions.

A. The municipality or county shall publish notice of the hearing conforming to locally adopted regulations governing change-of-zone requests, except as otherwise provided in this section. B. The notice shall contain: (1) a headline to read as follows: "NOTICE OF PUBLIC HEARING ON LAND USE ASSUMPTIONS RELATING TO POSSIBLE ADOPTION OF IMPACT FEES";(2) the time, date and location of the hearing; (3) a statement that the purpose of the hearing is to consider the land use assumptions that will be used to develop a capital improvements plan under which an impact fee may be imposed; (4) an easily understandable map of the service area to which the land use assumptions apply; and (5) a statement that any member of the public has the right to appear at the hearing and present evidence for or against the land use assumptions. C. The municipality or county, within thirty days after the date of the public hearing, shall approve or disapprove the land use assumptions. D. An ordinance, order or resolution approving land use assumptions shall not be adopted as an emergency measure and its adoption must comply with the procedural requirements of the Development Fees Act. History: Laws 1993, ch. 122, § 21.
NM Stat § 5-8-22 (2021)
2021 New Mexico Statutes|Chapter 5 - Municipalities and Counties|Article 8 - Land Development Fees and Rights|Section 5-8-22 - System-wide land use assumptions.

A. A municipality or county may adopt system-wide land use assumptions for water supply and treatment facilities in lieu of adopting land use assumptions for each service area for such facilities. B. Prior to adopting system-wide land use assumptions, a municipality or county shall follow the public notice, hearing and other requirements for adopting land use assumptions. C. After adoption of system-wide land use assumptions, a municipality or county is not required to adopt additional land use assumptions for a service area for water supply, treatment and distribution facilities or wastewater collection and treatment facilities as a prerequisite to the adoption of a capital improvements plan or impact fee, provided the capital improvements plan and impact fee are consistent with the system-wide land use assumptions. History: Laws 1993, ch. 122, § 22.
NM Stat § 5-8-23 (2021)
2021 New Mexico Statutes|Chapter 5 - Municipalities and Counties|Article 8 - Land Development Fees and Rights|Section 5-8-23 - Capital improvements plan required after approval of land use assumptions.

If the governing body adopts an ordinance, order or resolution approving the land use assumptions, the municipality or county shall provide for a capital improvements plan to be developed by qualified professionals using generally accepted engineering and planning practices in accordance with Section 6 [5-8-6 NMSA 1978] of the Development Fees Act. History: Laws 1993, ch. 122, § 23.
NM Stat § 5-8-24 (2021)
2021 New Mexico Statutes|Chapter 5 - Municipalities and Counties|Article 8 - Land Development Fees and Rights|Section 5-8-24 - Hearing on capital improvements plan and impact fee.

Upon completion of the capital improvements plan, the governing body shall schedule and publish notice of a public hearing to discuss the adoption of the capital improvements plan and imposition of the impact fee. The public hearing must be held by the governing body of the municipality or county to discuss the proposed ordinance, order or resolution adopting a capital improvements plan and imposing an impact fee. History: Laws 1993, ch. 122, § 24.
NM Stat § 5-8-25 (2021)
2021 New Mexico Statutes|Chapter 5 - Municipalities and Counties|Article 8 - Land Development Fees and Rights|Section 5-8-25 - Information about plan available to public.

On or before the date of the first publication of the notice of the hearing on the capital improvements plan and impact fee, the plan shall be made available to the public. History: Laws 1993, ch. 122, § 25.
NM Stat § 5-8-26 (2021)
2021 New Mexico Statutes|Chapter 5 - Municipalities and Counties|Article 8 - Land Development Fees and Rights|Section 5-8-26 - Notice of hearing on capital improvements plan and impact fee.

A. The municipality or county shall publish notice of the hearing conforming to locally adopted regulations governing change-of-zone requests, except as otherwise provided in this section. B. The notice must contain the following: (1) a headline to read as follows: "NOTICE OF PUBLIC HEARING ON CAPITAL IMPROVEMENTS PLAN AND ADOPTION OF IMPACT FEES";(2) the time, date and location of the hearing; (3) a statement that the purpose of the hearing is to consider the proposed capital improvements plan and the adoption of an impact fee; (4) an easily understandable map of the service area in which the proposed fee will be imposed; (5) the amount of the proposed impact fee per service unit; and (6) a statement that any member of the public has the right to appear at the hearing and present evidence for or against the plan and proposed fee. History: Laws 1993, ch. 122, § 26.
NM Stat § 5-8-27 (2021)
2021 New Mexico Statutes|Chapter 5 - Municipalities and Counties|Article 8 - Land Development Fees and Rights|Section 5-8-27 - Advisory committee comments on capital improvements plan and impact fees.

The advisory committee created under Section 37 [5-8-37 NMSA 1978] of the Development Fees Act shall file its written comments on the proposed capital improvements plan and impact fees before the fifth business day before the date of the public hearing on the plan and fees. History: Laws 1993, ch. 122, § 27.
NM Stat § 5-8-28 (2021)
2021 New Mexico Statutes|Chapter 5 - Municipalities and Counties|Article 8 - Land Development Fees and Rights|Section 5-8-28 - Approval of capital improvements plan and impact fee required.

A. The municipality or county, within thirty days after the date of the public hearing on the capital improvements plan and impact fee, shall approve, disapprove or modify the adoption of the capital improvements plan and imposition of an impact fee. B. An ordinance, order or resolution approving the capital improvements plan and imposition of an impact fee shall not be adopted as an emergency measure and its adoption must comply with the procedural requirements of the Development Fees Act. History: Laws 1993, ch. 122, § 28.
NM Stat § 5-8-29 (2021)
2021 New Mexico Statutes|Chapter 5 - Municipalities and Counties|Article 8 - Land Development Fees and Rights|Section 5-8-29 - Consolidation of land use assumptions and capital improvements plan.

A. In lieu of separately adopting the land use assumptions and capital improvements plan for a service area containing not greater than three hundred units, a municipality or county may consolidate the land use assumptions and the capital improvements plan, and adopt the assumptions, the plan and the impact fee simultaneously. B. If a municipality or county elects to consolidate the land use assumptions and capital improvements plan as authorized by Subsection A of this section, the municipality or county shall first comply with Section 20 [5-8-20 NMSA 1978] of the Development Fees Act and follow the public notice and hearing requirements for adopting a capital improvements plan and impact fee as provided in Section 21 [5-8-21 NMSA 1978] of that act, except: (1) the headline for the notice by publication shall read as follows: "NOTICE OF PUBLIC HEARING ON  ADOPTION OF LAND USE  ASSUMPTIONS AND  IMPACT FEES"; (2) the notice shall state that the municipality or county intends to adopt land use assumptions, a capital improvements plan and impact fees at the hearing and does not intend to hold separate hearings to adopt the land use assumptions, capital improvements plan and impact fees; (3) the notice shall specify a date, not earlier than sixty days after publication of the first notice, and must state that if a person, by not later than the date specified, makes a written request for separate hearings, the governing body shall hold separate hearings to adopt the land use assumptions and capital improvements plan; and (4) the notice shall provide the name and mailing address of the official of the municipality or county to whom a request for separate hearings shall be sent. C. In addition to the requirements of Subsection B of this section, the municipality or county shall comply with all other requirements for adopting land use assumptions, a capital improvements plan and an impact fee. History: Laws 1993, ch. 122, § 29.
NM Stat § 5-8-30 (2021)
2021 New Mexico Statutes|Chapter 5 - Municipalities and Counties|Article 8 - Land Development Fees and Rights|Section 5-8-30 - Periodic update of land use assumptions and capital improvements plan required.

A. A municipality or county imposing an impact fee shall update the land use assumptions and capital improvements plan at least every five years. The initial five-year period begins on the day the capital improvements plan is adopted. B. The municipality or county shall review and evaluate its current land use assumptions and shall cause an update of the capital improvements plan to be prepared in accordance with the Development Fees Act. History: Laws 1993, ch. 122, § 30.
NM Stat § 5-8-31 (2021)
2021 New Mexico Statutes|Chapter 5 - Municipalities and Counties|Article 8 - Land Development Fees and Rights|Section 5-8-31 - Hearing on updated land use assumptions and capital improvements plan.

The governing body of the municipality or county shall, within sixty days after the date it receives the update of the land use assumptions and the capital improvements plan, schedule and publish notice of a public hearing to discuss and review the update and shall determine whether to amend the plan. History: Laws 1993, ch. 122, § 31.
NM Stat § 5-8-32 (2021)
2021 New Mexico Statutes|Chapter 5 - Municipalities and Counties|Article 8 - Land Development Fees and Rights|Section 5-8-32 - Hearing on amendments to land use assumptions, capital improvements plan or impact fee.

A public hearing shall be held by the governing body of the municipality or county to discuss the proposed ordinance, order or resolution amending land use assumptions, the capital improvements plan or the impact fee. On or before the date of the first publication of the notice of the hearing on the amendments, the land use assumptions and the capital improvements plan, including the amount of any proposed amended impact fee per service unit, shall be made available to the public. History: Laws 1993, ch. 122, § 32.
NM Stat § 5-8-33 (2021)
2021 New Mexico Statutes|Chapter 5 - Municipalities and Counties|Article 8 - Land Development Fees and Rights|Section 5-8-33 - Notice of hearing on amendments to land use assumptions, capital improvements plan or impact fee.

A. The municipality or county shall publish notice of the hearing conforming to locally adopted regulations governing change-of-zone requests, except as otherwise provided in this section. B. The notice must contain the following: (1) a headline to read as follows: "NOTICE OF PUBLIC HEARING ON AMENDMENTS TO LAND USE ASSUMPTIONS, CAPITAL IMPROVEMENTS PLAN OR IMPACT FEES";(2) the time, date and location of the hearing; (3) a statement that the purpose of the hearing is to consider amendments to land use assumptions, capital improvements plan or impact fees; (4) an easily understandable description and map of the service area on which the update is being prepared; and (5) a statement that any member of the public has the right to appear at the hearing and present evidence for or against the update. History: Laws 1993, ch. 122, § 33.
NM Stat § 5-8-34 (2021)
2021 New Mexico Statutes|Chapter 5 - Municipalities and Counties|Article 8 - Land Development Fees and Rights|Section 5-8-34 - Advisory committee comments on amendments.

The advisory committee created under Section 37 [5-8-37 NMSA 1978] of the Development Fees Act shall file its written comments with the applicable municipality or county on the proposed amendments to the land use assumptions, capital improvements plan or impact fees before the fifth business day before the date of the public hearing on the amendments. History: Laws 1993, ch. 122, § 34.
NM Stat § 5-8-35 (2021)
2021 New Mexico Statutes|Chapter 5 - Municipalities and Counties|Article 8 - Land Development Fees and Rights|Section 5-8-35 - Approval of amendments required.

A. The municipality or county, within thirty days after the date of the public hearing on the amendments, shall approve, disapprove, revise or modify the amendments to the land use assumptions, the capital improvements plan or impact fees. B. An ordinance, order or resolution approving the amendments to the land use assumptions, the capital improvements plan or impact fees shall not be adopted as an emergency measure and such adoption must comply with the procedural requirements of the Development Fees Act. History: Laws 1993, ch. 122, § 35.
NM Stat § 5-8-36 (2021)
2021 New Mexico Statutes|Chapter 5 - Municipalities and Counties|Article 8 - Land Development Fees and Rights|Section 5-8-36 - Determination that no update of land use assumptions, capital improvements plan or impact fee is needed.

A. If at the time an update under Section 30 [5-8-30 NMSA 1978] of the Development Fees Act is required, the governing body determines that no changes to the land use assumptions, capital improvements plan or impact fees are needed, it may, as an alternative to the updating requirements of Sections 30 through 35 [5-8-30 to 5-8-35 NMSA 1978] of the Development Fees Act, publish notice of its determination conforming to locally adopted regulations governing change-of-zone requests, except as otherwise provided in this section. B. The notice shall contain the following: (1) a headline to read as follows: "NOTICE OF DETERMINATION NOT TO UPDATE LAND USE ASSUMPTIONS, CAPITAL IMPROVEMENTS PLAN OR IMPACT FEES";(2) a statement that the governing body of the municipality or county has determined that no change to the land use assumptions, capital improvements plan or impact fees are necessary; (3) an easily understandable description and a map of the service area in which the updating has been determined to be unnecessary; (4) a statement that if, within a specified date, which date shall be at least sixty days after publication of the notice, a person makes a written request to the designated official of the municipality or county requesting that the land use assumptions, capital improvements plan or impact fees be updated, the governing body may accept or reject such request by following the requirements of Sections 30 through 35 of the Development Fees Act; and (5) a statement identifying the name and mailing address of the official of the municipality or county to whom a request for an update should be sent. C. The advisory committee shall file its written comments on the need for updating the land use assumptions, capital improvements plan and impact fees before the fifth business day before the earliest notice of the governing body's decision that no update is necessary is mailed or published. D. If by the date specified in Paragraph (4) of Subsection B of this section, a person requests in writing that the land use assumptions, capital improvements plan or impact fees be updated, the governing body shall cause, accept or reject an update of the land use assumptions and capital improvements plan to be prepared in accordance with Sections 30 through 35 of the Development Fees Act. E. An ordinance, order or resolution determining the need for updating land use assumptions, capital improvements plan or impact fees shall not be adopted as an emergency measure and its adoption must comply with the procedural requirements of the Development Fees Act. History: Laws 1993, ch. 122, § 36.
NM Stat § 5-8-37 (2021)
2021 New Mexico Statutes|Chapter 5 - Municipalities and Counties|Article 8 - Land Development Fees and Rights|Section 5-8-37 - Advisory committee.

A. On or before the date on which the order, ordinance or resolution is adopted under Section 19 [5-8-19 NMSA 1978] of the Development Fees Act, the governing body of a municipality or county shall appoint a capital improvements advisory committee. B. The advisory committee shall be composed of not less than five members who shall be appointed by a majority vote of the governing body. Not less than forty percent of the membership of the advisory committee must be representative of the real estate, development or building industries. No members shall be employees or officials of a municipality or county or other governmental entity. C. The advisory committee serves in an advisory capacity and shall: (1) advise and assist the municipality or county in adopting land use assumptions; (2) review the capital improvements plan and file written comments; (3) monitor and evaluate implementation of the capital improvements plan; (4) file annual reports with respect to the progress of the capital improvements plan and report to the municipality or county any perceived inequities in implementing the plan or imposing the impact fee; and (5) advise the municipality or county of the need to update or revise the land use assumptions, capital improvements plan and impact fee. D. The municipality or county shall make available to the advisory committee any professional reports with respect to developing and implementing the capital improvements plan. E. The governing body of the municipality or county shall adopt procedural rules for the advisory committee to follow in carrying out its duties. History: Laws 1993, ch. 122, § 37.
NM Stat § 5-8-38 (2021)
2021 New Mexico Statutes|Chapter 5 - Municipalities and Counties|Article 8 - Land Development Fees and Rights|Section 5-8-38 - Duties to be performed within time limits.

If the governing body of the municipality or county does not perform a duty imposed under the Development Fees Act within the prescribed period, a person who has paid an impact fee or an owner of land on which an impact fee has been paid has the right to present a written request to the governing body of the municipality or county stating the nature of the unperformed duty and requesting that it be performed within sixty days after the date of the request. If the governing body of the municipality or county finds that the duty is required under the Development Fees Act and is late in being performed, it shall cause the duty to commence within sixty days after the date of the request and continue until completion. History: Laws 1993, ch. 122, § 38.
NM Stat § 5-8-39 (2021)
2021 New Mexico Statutes|Chapter 5 - Municipalities and Counties|Article 8 - Land Development Fees and Rights|Section 5-8-39 - Records of hearings.

A record shall be made of any public hearing provided for by the Development Fees Act. The record shall be maintained and be made available for public inspection by the municipality or county for at least ten years after the date of the public hearing. History: Laws 1993, ch. 122, § 39.
NM Stat § 5-8-40 (2021)
2021 New Mexico Statutes|Chapter 5 - Municipalities and Counties|Article 8 - Land Development Fees and Rights|Section 5-8-40 - Prior impact fees replaced by fees under Development Fees Act.

An impact fee that is in place on the effective date of the Development Fees Act shall be replaced by an impact fee imposed under that act by July 1, 1995. Any municipality or county having an impact fee that has not been replaced under that act by July 1, 1995 shall be liable to any party who, after the effective date of that act, pays an impact fee that exceeds the maximum permitted under that act by more than ten percent for an amount equal to two times the difference between the maximum impact fee allowed and the actual impact fee imposed, plus reasonable attorneys' fees and court costs. History: Laws 1993, ch. 122, § 40.
NM Stat § 5-8-41 (2021)
2021 New Mexico Statutes|Chapter 5 - Municipalities and Counties|Article 8 - Land Development Fees and Rights|Section 5-8-41 - No effect on taxes or other charges.

The Development Fees Act does not prohibit, affect or regulate any tax, fee, charge or assessment specifically authorized by state law. History: Laws 1993, ch. 122, § 41.
NM Stat § 5-8-42 (2021)
2021 New Mexico Statutes|Chapter 5 - Municipalities and Counties|Article 8 - Land Development Fees and Rights|Section 5-8-42 - Moratorium on development prohibited.

A moratorium shall not be placed on new development for the sole purpose of awaiting the completion of all or any part of the process necessary to develop, adopt or update impact fees. History: Laws 1993, ch. 122, § 42.
NM Stat § 5-8-43 (2021)
2021 New Mexico Statutes|Chapter 5 - Municipalities and Counties|Article 8 - Land Development Fees and Rights|Section 5-8-43 - Purpose; transfer of development rights.

A. The purpose of this section is to: (1) clarify an application of existing authority; (2) provide guidelines for counties and municipalities to regulate transfers of development rights consistent with comprehensive plans; (3) encourage the conservation of ecological, agricultural and historical land; and (4) require public notification of transfers of development rights. B. A municipality or county may, by ordinance, provide for voluntary transfer of all or partial development rights from one parcel of land to another parcel of land. C. The ordinance shall identify on a zoning map areas from which development rights may be transferred and areas to which development rights may be transferred. D. The ordinance shall provide for: (1) the voluntary transfer of a development right from one parcel of land to increase the intensity of development of another parcel of land; (2) joint powers agreements, if applicable, for administration of transfers of development rights across jurisdictional boundaries; (3) the method of transfer of development rights, including methods of determining the accounting for the rights transferred; (4) the reasonable rules to effect and control transfers and ensure compliance with the provisions of the ordinance; and (5) public notification to the areas to which development rights may be transferred. E. Transference of a development right shall be in writing and executed by the owner of the parcel from which the development right is being transferred and acknowledged by the transferor. A development right shall not be subject to condemnation. F. As used in this section, "development right" means the rights permitted to a lot, parcel or area of land under a zoning ordinance or local law respecting permissible use, area, density or height of improvements executed thereon, and development rights may be calculated and allocated in accordance with density or height limitations or any criteria that will effectively quantify a development right in a reasonable and uniform manner. G. Nothing in this section shall be construed to authorize a municipality or a county to impair existing property rights. History: Laws 2003, ch. 229, § 1. ANNOTATIONSCross references. — For property law in general, see Chapter 47 NMSA 1978.
NM Stat § 5-9-1 (2021)
2021 New Mexico Statutes|Chapter 5 - Municipalities and Counties|Article 9 - Enterprise Zones|Section 5-9-1 - Short title.

Sections 1 through 15 [5-9-1 to 5-9-15 NMSA 1978] of this act may be cited as the "Enterprise Zone Act". History: Laws 1993, ch. 33, § 1.