reglab/housing_qa huggingface dataset:
NM Stat § 3-18-30 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 18 - Powers of Municipalities|Section 3-18-30 - Parking citations; certain municipalities; administrative cost assessment.

A. Each municipality with a population over one hundred thousand which is located in a metropolitan court district may impose by ordinance an administrative cost assessment of one dollar ($1.00) for each parking citation issued pursuant to municipal ordinance. B. The administrative cost assessment collected pursuant to Subsection A of this section shall be remitted within ninety days by the metropolitan court to the municipality which issued the citation. Administrative cost assessment receipts shall be used solely to provide for enforcement of municipal parking ordinances and administration of a municipal traffic control program. History: Laws 1986, ch. 31, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 414.
NM Stat § 3-18-31 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 18 - Powers of Municipalities|Section 3-18-31 - Sale of gasoline; authority of the municipality.

The governing body of the municipality may provide, by ordinance, for the monitoring and inspection of gasoline sales through pumps of service stations located within the territorial boundaries of the municipality in order to monitor the sale of gasoline within its municipality. History: Laws 1989, ch. 153, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 38 Am. Jur. 2d Garages, and Filling and Parking Stations §§ 24. 61A C.J.S. Motor Vehicles §§ 770, 775.
NM Stat § 3-18-32 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 18 - Powers of Municipalities|Section 3-18-32 - Limitation of county and municipal restrictions on solar collectors.

A. A county or municipality shall not restrict the installation of a solar collector as defined pursuant to the Solar Rights Act [47-3-1 to 47-3-5 NMSA 1978], except that placement of solar collectors in historic districts may be regulated or restricted by a county or municipality. B. A covenant, restriction or condition contained in a deed, contract, security agreement or other instrument, effective after July 1, 1978, affecting the transfer, sale or use of, or an interest in, real property that effectively prohibits the installation or use of a solar collector is void and unenforceable. History: Laws 2007, ch. 232, § 1. ANNOTATIONSEffective dates. — Laws 2007, ch. 232 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature. Regulation by homeowners' association. — Subsection B of Section 3-18-32 NMSA 1978 allows a homeowners' association to regulate the installation or use of solar panels so long as the regulations do not "effectively prohibit" their installation or use. The phrase "effectively prohibit" includes restrictions on the installation or use of solar panels that make such installation or use unreasonably difficult or costly. 2011 Op. Att'y Gen. No. 11-02.
NM Stat § 3-19-2 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 19 - Planning and Platting|Section 3-19-2 - Appointment, term, removal of commission.

A. A planning commission shall consist of not less than five members who shall be appointed by the mayor with the consent of the governing body of the municipality. Administrative officials of the municipality may be appointed as ex-officio, nonvoting members of the planning commission. B. On the first planning commission a majority of the members shall be appointed for one-year terms and the balance of the members shall be appointed for two-year terms. Each subsequent term of a member on a planning commission shall be for two years or less in order to maintain the original staggering of terms of membership. A vacancy in the membership of the planning commission shall be filled for the remainder of the unexpired term. C. After a public hearing and for cause stated in writing and made part of the public record, a mayor with the approval of the governing body may remove a member of the planning commission. History: 1953 Comp., § 14-18-2, enacted by Laws 1965, ch. 300. ANNOTATIONSResidency required. — Members of a municipality's planning commission must be residents of the municipality which they are serving and one city or town could not designate the planning commission of another city or town to serve as its planning commission. 1959 Op. Att'y Gen. No. 59-201.
NM Stat § 3-19-3 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 19 - Planning and Platting|Section 3-19-3 - Chairman; regular meetings; records.

A planning commission shall: A. elect one of its members chairman for a one-year term; B. create and fill other offices; C. hold at least one regular meeting each month; D. adopt rules for the transaction of business; and E. keep a public record of its transactions, findings, resolutions and determinations. History: 1953 Comp., § 14-18-3, enacted by Laws 1965, ch. 300.
NM Stat § 3-19-4 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 19 - Planning and Platting|Section 3-19-4 - Powers of commission.

A. A planning commission shall have such powers as are necessary to: (1) fulfill and perform its functions; (2) promote municipal planning; and (3) carry out the purposes of Sections 3-19-1 through 3-19-12 NMSA 1978. B. A planning commission may: (1) make reports and recommendations for the planning and development of the municipality to: (a) public officials and agencies; (b) public utility companies; (c) civic, educational, professional and other organizations; and (d) citizens; and (2) recommend to the administrative and governing officials of the municipality programs for public improvements and their financing. C. Members and employees of the planning commission, in the performance of its function, may: (1) enter upon any land; (2) make examinations and surveys; and (3) place and maintain necessary monuments and markers upon the land. D. Upon request, a public official shall furnish within a reasonable time available information which the planning commission requires for its work. History: 1953 Comp., § 14-18-4, enacted by Laws 1965, ch. 300.
NM Stat § 3-19-7 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 19 - Planning and Platting|Section 3-19-7 - Platting of street lines by planning commission.

A. A planning commission which has adopted a master plan or a major street plan may: (1) survey for the exact location of the lines of new, extended, widened or narrowed streets within the municipality or its planning and platting jurisdiction; and (2) certify to the governing body of the municipality a plat of the area surveyed which indicates the location of lines recommended for future streets, street extension, street widening or narrowing. B. The certification of a plat by the planning commission does not constitute the opening of a street or the taking or accepting of land for street purposes. History: 1953 Comp., § 14-18-7, enacted by Laws 1965, ch. 300. ANNOTATIONSCross references. — For Land Subdivision Act, see 47-5-1 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — Construction of regulations as to subdivision maps or plats, 11 A.L.R.2d 524.
NM Stat § 3-19-8 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 19 - Planning and Platting|Section 3-19-8 - Appeal.

Any person in interest dissatisfied with an order or determination of the planning commission, after review of the order or determination by the governing body of the municipality, may commence an appeal in the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978. History: 1953 Comp., § 14-18-8, enacted by Laws 1965, ch. 300; 1998, ch. 55, § 5; 1999, ch. 265, § 5. ANNOTATIONSCross references. — For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA. The 1999 amendment, effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1". The 1998 amendment, effective September 1, 1998, rewrote this section to the extent that a detailed comparison would be impracticable. Standard of review. — This section does not contemplate pure de novo review by the district court, but provides the court more discretion in deciding issues than is inherent under the arbitrary and capricious standard. The court is not required to indulge every inference in favor of an agency action but, on the contrary, is required to exercise its own judgment in light of the agency decision and the evidence presented to it at trial. At the conclusion, the court has the power to order the approval of a request, rather than merely vacating the agency decision and remanding for further proceedings. Clayton v. Farmington City Council, 1995-NMCA-079, 120 N.M. 448, 902 P.2d 1051 (decided under prior law). Review of appeal, not mandamus. — Developer who alleged that city council failed to approve his plat within the statutory time limit of 35 days and that, therefore, the plat was approved by operation of law had adequate remedies at law through this section, which he had not exhausted; the administrative procedures of this section, not the extraordinary writ of mandamus, provided developer with his proper avenue to challenge the council's actions. State ex rel. Hyde Park Co. v. Planning Comm'n of the City of Santa Fe, 1998-NMCA-146, 125 N.M. 832, 965 P.2d 951. Appeal not a collateral attack. — Appeal should not be regarded as impermissible collateral attack on the order of the district court by which lawsuit against the city was dismissed because the order specifically references the settlement between the parties and because the settlement contains the terms of the very development agreement that petitioner seeks to overturn. Lewis v. City of Santa Fe, 2005-NMCA-032, 137 N.M. 152, 108 P.3d 558, cert. denied, 2005-NMCERT-005, 137 N.M. 522, 113 P.3d 345.
NM Stat § 3-19-10 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 19 - Planning and Platting|Section 3-19-10 - Adoption of a master plan.

A. The planning commission may adopt: (1) the master plan by a single resolution; or (2) part of the master plan as work progresses on the master plan; provided the part corresponds with one of the functional subdivisions of the subject matter of the plan. Before adoption of the master plan or any part thereof, the planning commission shall hold at least one public hearing. Notice of the time and place of the hearing shall be published one time at least fifteen days before the day of the hearing. Prior to the publication of the notice, copies of the master plan shall be made available to any citizen in the office of the municipal clerk. B. Adoption of the master plan or any part, amendment or addition to the master plan shall be by a resolution approved by a majority of the members of the planning commission. The resolution shall refer expressly to the maps, descriptive matter and other matters which the planning commission intends to form part or the whole of the master plan. The action taken by the planning commission shall be recorded on the master plan or the part of the plan and shall be endorsed by the chairman and the secretary of the planning commission. A certified copy of the master plan or any part thereof approved by the planning commission shall be given to the governing body of the municipality. History: 1953 Comp., § 14-18-10, 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 § 3-19-12 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 19 - Planning and Platting|Section 3-19-12 - Approval constitutes amendment to master plan.

Every plat approved by the planning authority is an amendment, addition or a detail of the master plan or any part thereof adopted by the planning commission. History: 1953 Comp., § 14-18-12, enacted by Laws 1965, ch. 300. ANNOTATIONSConditioning approval of master plan upon dedication of easement. — Where a village approved nine subdivisions along a canal conditioned upon dedication of an easement to the village for a potential north-south road, the master plan was effectively amended to include the easement, even though it was not expressly incorporated into the master plan, and therefore, the potential north-south road was a planned street. Colborne v. Village of Corrales, 1987-NMSC-060, 106 N.M. 103, 739 P.2d 972.
NM Stat § 3-20-2 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 20 - Subdivisions; Planning and Platting|Section 3-20-2 - Subdivision; description.

Every person who desires to subdivide land shall furnish a plat of the proposed subdivision, prepared by a registered, licensed surveyor of New Mexico; except that the resubdivision of platted tracts, which are less than one acre and which are contiguous with each other, for the purpose of increasing or reducing the size of such contiguous tracts, but not less than the minimum standard size required by the political subdivision, shall not require the furnishing of a plat of the proposed resubdivision, provided that a certificate of survey setting forth the legal description of tracts resulting from such resubdivision shall be filed with the municipal planning commission, the county clerk and the county assessor of that county in which the resubdivision is situated, and such filing shall be considered as a rededication of said described lots in all respects. The plat shall refer to permanent monuments and shall accurately describe each lot, number each lot in progression, give its dimensions and the dimensions of all land dedicated for public use or for the use of the owners of lots fronting or adjacent to the land. Descriptions of the lots by number and plat designation are valid in conveyances and for the purpose of taxation. History: 1953 Comp., § 14-19-2, enacted by Laws 1965, ch. 300; 1969, ch. 141, § 1. ANNOTATIONSCross references. — For record of survey requirements, see 61-23-28.2 NMSA 1978. Resubdivision limited. — This section does not authorize a resubdivision, without municipal approval, that results in an increased number of lots within the subdivision. The section's scope is limited to resubdivisions that only adjust lot lines within the subdivision without increasing the number of lots. 1988 Op. Att'y Gen. No. 88-08. Law reviews. — For comment, "Regional Planning - Subdivision Control - New Mexico's New Municipal Code," see 6 Nat. Resources J. 135 (1966). Am. Jur. 2d, A.L.R. and C.J.S. references. — 62 C.J.S. Municipal Corporations § 76.
NM Stat § 3-20-3 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 20 - Subdivisions; Planning and Platting|Section 3-20-3 - Contents of plat; acknowledgment.

Every plat shall contain a statement that the subdivision of, [(]insert a correct description of the land being subdivided[)], appearing on the plat is with the free consent and in accordance with the desire of the undersigned owner and proprietor of the land and shall be acknowledged by the owner and proprietor or his authorized agent in the manner required for the acknowledgment of deeds. If the plat is filed by a corporation, the acknowledgment shall be made by its president and secretary. History: 1953 Comp., § 14-19-3, enacted by Laws 1965, ch. 300. ANNOTATIONSBracketed material. — The bracketed material in this section was inserted by the compiler and is not part of the law.
NM Stat § 3-20-4 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 20 - Subdivisions; Planning and Platting|Section 3-20-4 - Streets and alleys.

Streets and alleys in any subdivision adjoining a municipality shall be continuous with and correspond in direction and width to the streets and alleys of the municipality. History: 1953 Comp., § 14-19-4, enacted by Laws 1965, ch. 300.
NM Stat § 3-20-6 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 20 - Subdivisions; Planning and Platting|Section 3-20-6 - Subdivision in unincorporated area; approval of county commission.

Before a plat of any subdivision within the jurisdiction of a county is filed in the office of the county clerk, the plat shall be approved by the board of county commissioners of the county wherein the proposed subdivision lies. The board of county commissioners shall not approve and sign a plat unless the: A. proposed streets conform to adjoining streets; B. streets are defined by permanent monuments to the satisfaction of the board of county commissioners; and C. boundary of the subdivision is defined by permanent monuments. History: 1953 Comp., § 14-19-6, enacted by Laws 1965, ch. 300. ANNOTATIONSDuty to approve plat meeting requirements exists by implication. — While the statutes did not expressly impose a duty to approve a plat for a rural subdivision when the requirements of this section were met, the duty existed by necessary implication, since no other requirements were laid down as a prerequisite for approval. El Dorado at Santa Fe, Inc. v. Board of Cnty. Comm'rs, 1976-NMSC-029, 89 N.M. 313, 551 P.2d 1360. Effect of continued compliance with requirements. — As long as a subdivision originally approved continues to comply with all of the statutory requirements, the approval of the subdivision cannot be revoked or suspended, or additional requirements imposed by the county for maintaining such approval. 1977 Op. Att'y Gen. No. 77-24. Vested rights in proposed subdivision. — Where there is issuance of written approval for a proposed subdivision or building permit, together with a substantial change in reliance thereon, vested rights arise. In re Sundance Mountain Ranches, Inc., 1988-NMCA-026, 107 N.M. 192, 754 P.2d 1211. "Permanent monument" means substantial objects which can be seen by the eye and made the basis for a survey. 1969 Op. Att'y Gen. No. 69-29. Natural objects which have been termed as monuments include streams, rivers, ponds, lakes, shores, beaches, rocks, highways, streets, trees and hills. 1969 Op. Att'y Gen. No. 69-29. Survey reference marks not preferred over natural objects. — Although survey reference marks may be sufficient permanent monuments, they are not to be preferred over natural objects, which are deemed to be more permanent and more readily ascertained. 1969 Op. Att'y Gen. No. 69-29. 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, "Subdivision Planning Through Water Regulation in New Mexico," see 12 Nat. Resources J. 286 (1972).
NM Stat § 3-20-8 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 20 - Subdivisions; Planning and Platting|Section 3-20-8 - Alternate summary procedure.

A. The filing of a survey certified by any licensed, registered surveyor which contains a description of the subdivided land with ties to permanent monuments satisfies the requirements of Section 3-20-7 NMSA 1978. B. In lieu of the requirements of Section 3-20-7 NMSA 1978, the following procedure may be followed: (1) the planning authority shall establish a summary procedure for approving: (a) subdivisions of not more than two parcels of land; (b) resubdivisions, where the combination or recombination of portions of previously platted lots does not increase the total number of lots; or (c) subdivisions of two or more parcels of land in areas zoned for industrial use; (2) any subdivision approved as authorized in this section shall be in substantial conformity with the subdivision regulations of the planning authority; (3) any administrative officer or planning commission member may be delegated the authority to approve a subdivision by this section; (4) approval by this summary procedure shall be endorsed on the plat or on the instrument of conveyance in lieu of a plat and such approval shall be conclusive evidence of the approval of the planning authority. The county clerk shall accept the instrument of conveyance for filing or recording. History: 1953 Comp., § 14-19-7.1, enacted by Laws 1966, ch. 64, § 6; 1973, ch. 348, § 32. ANNOTATIONSPlanning authority, referred to in Subsection B, is city council. Mitchell v. Hedden, 1980-NMSC-056, 94 N.M. 348, 610 P.2d 752.
NM Stat § 3-20-9 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 20 - Subdivisions; Planning and Platting|Section 3-20-9 - Subdivision within platting jurisdiction of a county and municipality; dual approval.

Any person seeking the approval of a plat of a subdivision within the platting jurisdiction of both a county and municipality shall secure an endorsement of approval from both the board of county commissioners and the planning authority of the municipality before the plat is filed in the office of the county clerk. History: 1953 Comp., § 14-19-8, enacted by Laws 1965, ch. 300. ANNOTATIONSCross references. — For Regional Planning Act, see 3-56-1 to 3-56-9 NMSA 1978. 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).
NM Stat § 3-20-9.1 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 20 - Subdivisions; Planning and Platting|Section 3-20-9.1 - Plat approval; proof of adequate water supply on lands from which irrigation water rights have been severed.

A. Before approving the final plat for a subdivision of land from which irrigation water rights appurtenant to the land have been severed, the appropriate approval authority shall require that the subdivider provide proof of a service commitment from a water provider and an opinion from the state engineer that the subdivider can fulfill the requirements of Paragraph (1) of Subsection F of Section 47-6-11 NMSA 1978 or acquire sufficient water rights through a permit issued pursuant to Section 72-5-1, 72-5-23, 72-5-24, 72-12-3 or 72-12-7 NMSA 1978 for subdivision water use. In acting on the permit application, the state engineer shall determine whether the amount of water permitted is sufficient in quantity to fulfill the maximum annual water requirements of the subdivision, including water for indoor and outdoor domestic uses. A final plat shall not be approved unless the state engineer has so issued a permit for the subdivision water use or the subdivider has provided proof of a service commitment from a water provider and the state engineer has provided an opinion that the subdivider can fulfill the requirements of Paragraph (1) of Subsection F of Section 47-6-11 NMSA 1978. The appropriate approval authority shall not approve the final plat based on the use of water from any permit issued pursuant to Section 72-12-1.1 NMSA 1978. B. The provisions of this section shall only apply to land from which irrigation water rights that are appurtenant to that land are severed after the effective date of this section. History: Laws 2013, ch. 173, § 1. ANNOTATIONSEmergency clauses. — Laws 2013, ch. 173, § 3, contained an emergency clause and was approved April 4, 2013.