2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 21 - Zoning Regulations › Section 3-21-3 - Procedure for extraterritorial zoning.

A. Upon the initiative of any municipal governing body or of the board of county commissioners of any county wherein any portion of the extraterritorial zoning area of the municipality lies, the municipality and the county may enter into an agreement providing for the zoning of that portion of the extraterritorial zoning area lying within the county joining in the agreement. In the absence of such agreement, a petition requesting the zoning of the extraterritorial zoning area and signed by twenty-five percent of the qualified electors residing in the extraterritorial zoning area and within the same county may be filed with the county clerk of the county of the petitioners' residence. Upon the filing of such petition, the governing body of the municipality and the board of county commissioners shall enter into an agreement providing for the zoning of that portion of the extraterritorial zoning area lying within the county joining in the agreement. Any agreement entered into pursuant to the provisions of this subsection may be subsequently amended by agreement of both parties.
B. The agreement entered into pursuant to Subsection A of this section shall provide for an extraterritorial zoning commission consisting of equal numbers of members appointed by the municipal zoning authority and the county commission; provided that at least one-half of these members shall reside in the extraterritorial zone. Additionally, one member from an area of the county not within the zoning jurisdiction of the municipality or within the area of the county affected by the proposed extraterritorial zoning ordinance shall be appointed by a majority of the members appointed by the board of county commissioners and by the municipal zoning authority. The agreement shall also provide for a joint municipal-county zoning authority consisting of one or more members of the municipal governing body and one or more members of the board of county commissioners, provided such authority membership shall contain one more county commission member than municipal governing body member.
C. No zoning ordinance shall be adopted by the joint municipal-county zoning authority unless the ordinance has been recommended by the extraterritorial zoning commission.
D. Within three hundred sixty days of the appointment of the last member to be appointed, the extraterritorial zoning commission shall recommend to the joint municipal-county zoning authority a zoning ordinance applicable to all or any portion of the extraterritorial zoning area lying within the county joining in the agreement pursuant to Subsection A of this section. The ordinance shall also provide, subject to the restrictions of Section 3-21-6 NMSA 1978, for the manner in which zoning regulations, restrictions and the boundaries of districts are:
(1) determined, established and enforced; and
(2) amended, supplemented or repealed.
History:
1953 Comp., § 14-20-2.2, enacted by Laws 1977, ch. 80, § 2; 2001, ch. 78, § 1.
ANNOTATIONS
Cross references.
— For county and municipal jurisdiction over subdivisions,
see
3-20-5 NMSA 1978.
For special zoning districts,
see
3-21-15 NMSA 1978 et seq.
The 2001 amendment,
effective July 1, 2001, inserted "provided that at least one-half of these members shall reside in the extraterritorial zone" in Subsection B; substituted "unless the ordinance" for "unless the same" in Subsection C; and updated the internal reference in Subsection D.
Limitation on county of San Miguel's zoning authority.
— The county of San Miguel does not have authority to zone within one mile of the city limits of Las Vegas.
Bd. of Cnty. Comm'rs v. City of Las Vegas
, 1980-NMSC-137, 95 N.M. 387, 622 P.2d 695.
Land use ordinances validity depend on ownership of property.
— Although counties are designated zoning authorities for the purposes of promoting health, safety, morals and the general welfare, the validity of county land use ordinances attempting to restrict traditional federal and state regulatory authority varies. To the extent the ordinances affect federal lands, they are preempted by the Supremacy Clause of the United States Constitution; to the extent the ordinances affect state lands, they are nullified by the state's immunity from local zoning ordinances; and finally, to the extent the ordinances affect private lands, they are preempted by federal law, state law, or both. 1994 Op. Att'y Gen. No. 94-01.