reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 18 - Powers of Municipalities › Section 3-18-25 - Water systems; sewers; assessments.

A. For the purpose of Sections 3-27-1 and 3-49-1 NMSA 1978, a municipality may:
(1) open, construct, repair, keep in order and maintain water mains, laterals, reservoirs, standpipes, sewers and drains; and
(2) assess and collect as other assessments and collections are made the amount necessary to cover the cost of the work.
B. The assessment against the lot or land along or through which the street runs shall be made in such portion as is just and equitable according to the benefits accruing to the lot or land and to its value.
History:
1953 Comp., § 14-17-21, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Cross references.
— For acquisition and maintenance of sanitary sewers by municipality,
see
3-26-1 NMSA 1978 et seq.
For water facilities,
see
3-27-1 NMSA 1978 et seq.
For improvement districts,
see
3-33-1 NMSA 1978 et seq.
For power of municipality to open, construct, repair, keep in order and maintain water mains, laterals, reservoirs, standpipes, sewers and drains,
see
3-49-5 NMSA 1978.
For regulation of use of waters,
see
3-53-1 NMSA 1978 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 439, 569 to 574.
Right to compel municipality to extend its water system, 48 A.L.R.2d 1222.
Validity and construction of regulation by municipal corporation fixing sewer-use rates, 61 A.L.R.3d 1236.
64 C.J.S. Municipal Corporations §§ 1535 to 1538.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 18 - Powers of Municipalities › Section 3-18-27 - Trees and shrubs.

A municipality may, by ordinance, regulate the planting, transplanting, growing, trimming, pruning, preservation and protection of trees, shrubs and vines or create a commission for the purpose of such regulation.
History:
1953 Comp., § 14-17-23, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Cross references.
— For defacing tree within 400 yards of highway a petty misdemeanor,
see
30-15-2 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Liability of municipality for damage caused by fall of tree or limb, 14 A.L.R.2d 186.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 18 - Powers of Municipalities › Section 3-18-28 - Municipal employees' retirement system.

A municipality may enter into contracts with private insurance companies to establish a retirement system for its employees.
History:
1953 Comp., § 14-17-24, enacted by Laws 1971, ch. 71, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 60A Am. Jur. 2d Pensions and Retirement Funds §§ 1604, 1606.
62 C.J.S. Municipal Corporations §§ 649 to 660.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 18 - Powers of Municipalities › Section 3-18-29 - [Foreign-trade zones.]

The governing body of any municipality, pursuant to the federal Foreign-Trade Zones Act, as may be amended from time to time, and regulations adopted pursuant thereto, may:
A. with the prior written approval of the board of economic development, apply for and accept a grant of authority to establish, operate and maintain a foreign-trade zone;
B. provide such facilities and services as may be necessary or desirable in establishing a foreign-trade zone; and
C. exercise such other powers as may be necessary or desirable to establish, operate and maintain a foreign-trade zone.
History:
1953 Comp., § 14-17-25, enacted by Laws 1973, ch. 48, § 1.
ANNOTATIONS
Cross references.
— For county foreign-trade zone regulations,
see
4-36-7 NMSA 1978.
For the federal Foreign-Trade Zones Act,
see
19 U.S.C. § 81a et seq.
2023 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.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 414.
2023 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.
ANNOTATIONS
Am. 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.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Residency 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.
2023 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.
2023 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Law reviews.
— For note, "County Regulation of Land Use and Development," see 9 Nat. Resources J. 266 (1969).
2023 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.
ANNOTATIONS
Conditioning 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Bracketed material.
— The bracketed material in this section was inserted by the compiler and is not part of the law.
2023 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.
2023 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.
ANNOTATIONS
Duty 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).
2023 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.
ANNOTATIONS
Planning authority, referred to in Subsection B, is city council.
Mitchell v. Hedden
, 1980-NMSC-056, 94 N.M. 348, 610 P.2d 752.
2023 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.
ANNOTATIONS
Cross 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).
2023 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.
ANNOTATIONS
Emergency clauses.
— Laws 2013, ch. 173, § 3, contained an emergency clause and was approved April 4, 2013.
2023 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.
ANNOTATIONS
Law reviews.
— For comment, "Regional Planning - Subdivision Control - New Mexico's New Municipal Code," see 6 Nat. Resources J. 135 (1966).
2023 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.
2023 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.
ANNOTATIONS
Law reviews.
— For note, "Public Labor Disputes - A Suggested Approach for New Mexico," see 1 N.M.L. Rev. 281 (1971).
2023 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.
ANNOTATIONS
Repeals.
— 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).
2023 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.
ANNOTATIONS
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).
2023 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.
ANNOTATIONS
Law reviews.
— For comment, "Land Use Planning - New Mexico's Green Belt Law," see 8 Nat. Resources J. 190 (1968).
2023 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
2023 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.
ANNOTATIONS
Law reviews.
— For note, "County Regulation of Land Use and Development," see 9 Nat. Resources J. 266 (1969).
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
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.
2023 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.
ANNOTATIONS
Enforcement 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Law reviews.
— For note, "County Regulation of Land Use and Development," see 9 Nat. Resources J. 266 (1969).
2023 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.