reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 21 - Zoning Regulations › Section 3-21-19 - Zoning commission.

A zoning commission consisting of five members shall be elected by the registered electors residing within the district in accordance with the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978]. Members of the commission shall be residents of the district, and each shall be elected for a term of two years. Any vacancy on the commission shall be filled by the remaining members appointing a new member to fill the unexpired term. Members of the commission shall serve without compensation.
History:
1953 Comp., § 14-20-17, enacted by Laws 1965, ch. 206, § 5; 2018, ch. 79, § 61.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2018, provided that the Local Election Act governs elections for zoning commissioners; and after "residing within the district", added "in accordance with the provisions of the Local Election Act".
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 21 - Zoning Regulations › Section 3-21-20 - Election of members to the commission.

Election of members to the commission shall be conducted pursuant to the Local Election Act [Chapter 1, Article 22 NMSA 1978].
History:
1953 Comp., § 14-20-18, enacted by Laws 1965, ch. 206, § 6; 2018, ch. 79, § 62.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2018, provided that the Local Election Act governs elections of members to the commission, and completely rewrote the section.
Quo warranto.
— There being no special statutory method for attacking the validity of the office of a zoning district commissioner or the creation of a special zoning district, quo warranto is appropriate and is dispositive as to who is a proper party plaintiff and when such party may institute an action in quo warranto, as a private relator.
State ex rel. Huning v. Los Chavez Zoning Comm'n
, 1982-NMSC-024, 93 N.M. 655, 604 P.2d 121.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 21 - Zoning Regulations › Section 3-21-21 - Powers of the commission.

A. The commission shall have power within the district as part of the building and zoning ordinances, regulations and restrictions adopted by it in the manner otherwise provided by law, to regulate and restrict:
(1) the height, number of stories and size of buildings and other structures;
(2) the percentage of a lot that may be occupied;
(3) the size of yards, courts and other open spaces;
(4) the density of populations;
(5) the location and use of buildings and structures; and
(6) the use of lands for trade, industry, residence or other purposes.
B. The commission shall adopt a comprehensive zoning plan or ordinance for the district that includes a master land use plan.
History:
1953 Comp., § 14-20-19, enacted by Laws 1965, ch. 206, § 7; 1993, ch. 264, § 2.
ANNOTATIONS
The 1993 amendment,
effective June 18, 1993, added the present subsection designation A; substituted the paragraph designations (1) through (6) for the former designations A through F; in Subsection A, added the language beginning "as part" and ending "by law"; and added Subsection B.
Change of zoning.
— Zoning amendments adopted by a special zoning district commission which changed the zoning of two tracts of land from commercial neighborhood and apartment to commercial did not conflict with the county and adjoining municipal master plan or exceed the commission's zoning authority and did not constitute spot zoning.
City of Albuquerque v. Paradise Hills Special Zoning Dist. Comm'n
, 1983-NMSC-039, 99 N.M. 630, P.2d 1329.
Law reviews.
— 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: residential off-street parking requirements, 71 A.L.R.4th 529.
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 3-21-22 - Procedures for regulations or restrictions.

The procedure for the commission in establishing, amending or repealing the ordinances, regulations or restrictions provided in the Special Zoning District Act [3-21-15 to 3-21-26 NMSA 1978] shall be the same as for the governing body of counties in Sections 3-21-5 through 3-21-8 NMSA 1978.
History:
1953 Comp., § 14-20-20, enacted by Laws 1965, ch. 206, § 8; 1993, ch. 264, § 3.
ANNOTATIONS
The 1993 amendment,
effective June 18, 1993, inserted "ordinances" and substituted "3-21-5 through 3-21-8 NMSA 1978" for "14-28-10 through 14-28-15 New Mexico Statutes Annotated, 1953 Compilation".
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 3-21-23 - Ordinance; penalty; remedies.

The commission may provide by ordinance for the enforcement of the Special Zoning District Act [3-21-15 to 3-21-26 NMSA 1978]. A violation of the Special Zoning District Act, or any ordinance made thereunder, is a misdemeanor. If the Special Zoning District Act or any ordinance made thereunder is violated, the commission, in addition to other remedies, may institute any appropriate action or proceeding to prevent, abate or restrain the violation.
History:
1953 Comp., § 14-20-21, enacted by Laws 1965, ch. 206, § 9.
ANNOTATIONS
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.
— 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.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 21 - Zoning Regulations › Section 3-21-24 - Enforcement.

The ordinances enacted under the authority of the Special Zoning District Act [3-21-15 to 3-21-26 NMSA 1978] shall be enforced by the district attorney and the sheriff of the county or counties in which the district is situate.
History:
1953 Comp., § 14-20-22, enacted by Laws 1965, ch. 206, § 10.
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 3-21-25 - Judicial review.

Any person aggrieved by any regulation, restriction, or ordinance made by the commission may file a claim for relief in the district court.
History:
1953 Comp., § 14-20-23, enacted by Laws 1965, ch. 206, § 11.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Standing of zoning board of appeals or similar board to appeal reversal of its decision, 13 A.L.R.4th 1130.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 21 - Zoning Regulations › Section 3-21-26 - Costs incurred by zoning commission of special zoning district; fees.

All necessary costs incurred by the zoning commission of a special zoning district in connection with official acts performed pursuant to the Special Zoning District Act [3-21-15 to 3-21-26 NMSA 1978] shall be borne by the parties in interest. Provided, that the commission may by ordinance impose reasonable fees upon parties in interest and such fees shall be used to defray the costs incurred by the commission.
For purposes of this section, the term "party in interest" means the person who requests a variance or a change in zoning or who requests the amendment or repeal of any regulation, restriction or ordinance adopted pursuant to the Special Zoning District Act.
History:
1978 Comp., § 3-21-26, enacted by Laws 1981, ch. 201, § 1.
ANNOTATIONS
Repeals.
— Laws 1979, ch. 334, § 2, repealed former 3-21-26 NMSA 1978, relating to costs incurred by the zoning commission.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 21A - Manufactured Housing and Zoning › Section 3-21A-1 - Short title.

This act [3-21A-1 to 3-21A-8 NMSA 1978] may be cited as the "Manufactured Housing and Zoning Act".
History:
Laws 1987, ch. 196, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 53A Am. Jur. 2d Mobile Homes, Trailer Parks, and Tourist Camps §§ 9 et seq., 21, 25; 83 Am. Jur. 2d Zoning and Planning §§ 175, 204 to 213, 215, 220.
101A C.J.S. Zoning and Land Planning §§ 48, 53, 62, 115, 142.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 21A - Manufactured Housing and Zoning › Section 3-21A-2 - Definitions.

As used in the Manufactured Housing and Zoning Act:
A. "multi-section manufactured home" means a manufactured home or modular home that is a single-family dwelling with a heated area of at least thirty-six by twenty-four feet and at least eight hundred sixty-four square feet and constructed in a factory to the standards of the United States department of housing and urban development, the National Manufactured Housing Construction and Safety Standards Act of 1974 and the Housing and Urban Development Zone Code 2 or the Uniform Building Code, as amended to the date of the unit's construction, and installed consistent with the Manufactured Housing Act and with the rules made pursuant thereto relating to permanent foundations;
B. "mobile home" means a movable or portable housing structure larger than forty feet in body length, eight feet in width or eleven feet in overall height, designed for and occupied by no more than one family for living and sleeping purposes that is not constructed to the standards of the United States department of housing and urban development, the National Manufactured Housing Construction and Safety Standards Act of 1974 and the Housing and Urban Development Zone Code 2 or Uniform Building Code, as amended to the date of the unit's construction or built to the standards of any municipal building code; and
C. "excavated site" means a site that results in the upper plane of the concrete slab, or similar component of any other authorized permanent foundation system, being below ground level or grade.
History:
Laws 1987, ch. 196, § 2; 1999, ch. 125, § 1; 2001, ch. 22, § 1.
ANNOTATIONS
Cross references.
— For the National Manufactured Housing Construction and Safety Standards Act of 1974,
see
42 USCS § 5401 et seq.
The 2001 amendment,
effective June 15, 2001, in Subsection A, substituted "home" for "housing" in the defined term and substituted "rules" for "regulations" near the end of the subsection; and added Subsection C.
The 1999 amendment,
effective June 18, 1999, in Subsection A, inserted "multi-section" preceding "manufactured housing", deleted "(42 U.S.C. 5401 et seq.)" following "1974", substituted "2" for "II", deleted "(Chapter 60, Article 14 NMSA 1978)" following "Manufactured Housing Act", and substituted "permanent foundations" for "ground level installation and ground anchors and"; and in Subsection B, substituted "that is not constructed to the standards of the United States department of housing and urban development, the National Manufactured Housing Construction and Safety Standards Act of 1974 and the Housing and Urban Development Zone Code 2 or Uniform Building Code, as amended to the date of the unit's construction" for "but does not include structures", and deleted "and other technical codes" from the end of the subsection.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 21A - Manufactured Housing and Zoning › Section 3-21A-3 - Manufactured housing; permissible regulations.

In the exercise of any of the powers and duties conferred by law, no governing body of a political subdivision of the state or any planning and zoning agency thereunder shall exclude multi-section manufactured homes from a specific-use district in which site-built, single-family housing is allowed or place more severe restrictions upon a multi-section manufactured home than are placed upon single-family, site-built housing within that specific-use district so long as the manufactured housing is built or constructed according to the Housing and Urban Development Zone Code II or the Uniform Building Code. The governing body of any political subdivision of the state or any planning and zoning agency thereunder is authorized to regulate manufactured housing to require that it meets all requirements other than original construction requirements of other single-family dwellings that are site-built homes in the same specific-use district and to further require by ordinance that such manufactured housing be consistent with applicable historic or aesthetic standards.
History:
Laws 1987, ch. 196, § 3; 1999, ch. 125, § 2.
ANNOTATIONS
The 1999 amendment,
effective June 18, 1999, in the first sentence, inserted "multi-section" preceding "manufactured home" twice.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 21A - Manufactured Housing and Zoning › Section 3-21A-4 - Mobile homes; permissible regulations.

In the exercise of any of the powers and duties conferred by law, a governing body of a political subdivision of the state, or any planning or zoning agency thereunder, may regulate the occupancy or location of dwelling units in such a way as to effect the reasonable regulation of mobile homes. Such regulation may exclude mobile homes from residential-use districts and restrict them to mobile home parks or mobile home subdivisions.
History:
Laws 1987, ch. 196, § 4.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 21A - Manufactured Housing and Zoning › Section 3-21A-5 - Impermissible regulations.

A. No ordinance or regulation authorized by the Manufactured Housing and Zoning Act shall regulate the original construction of the manufactured home or mobile home.
B. No ordinance or regulation otherwise authorized or permitted by the Manufactured Housing and Zoning Act shall be permissible or enforceable if it would have the direct or indirect effect of requiring that a multi-section manufactured home be installed in an excavated site in order to be included in a specific-use district in which site-built, single-family housing is allowed.
History:
Laws 1987, ch. 196, § 5; 1999, ch. 125, § 3; 2001, ch. 22, § 2.
ANNOTATIONS
The 2001 amendment,
effective June 15, 2001, designated original section as Subsection A and added Subsection B.
The 1999 amendment,
effective June 18, 1999, purported to amend this section but made no change.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 21A - Manufactured Housing and Zoning › Section 3-21A-6 - Private covenants and deed restrictions; local government restrictions.

A. Nothing in the Manufactured Housing and Zoning Act or any ordinance or regulation adopted pursuant thereto shall be construed as abrogating or limiting a recorded restrictive covenant or deed restriction.
B. The provisions of the Manufactured Housing and Zoning Act shall not be construed as abrogating or limiting the powers of political subdivisions regarding the exercise of zoning, planning and subdivision powers except to the extent the exercise of such powers is inconsistent with the provisions of the Manufactured Housing and Zoning Act and the Manufactured Housing Act [Chapter 60, Article 14 NMSA 1978].
History:
Laws 1987, ch. 196, § 6; 1999, ch. 125, § 4.
ANNOTATIONS
The 1999 amendment,
effective June 18, 1999, in Subsection B, added "and the Manufactured Housing Act".
Public policy.
— Distinguishing between manufactured homes and other homes in a restrictive covenant is not contrary to public policy.
Aragon v. Brown
, 2003-NMCA-126, 134 N.M. 459, 78 P.3d 913.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— What is "mobile home", "house trailer", "trailer house", or "trailer" within meaning of restrictive covenant, 83 A.L.R.5th 651.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 21A - Manufactured Housing and Zoning › Section 3-21A-7 - Existing ordinances.

The Manufactured Housing and Zoning Act shall apply to all municipalities and counties except that the Manufactured Housing and Zoning Act shall not apply to any ordinance or regulation adopted by a home rule municipality which was adopted prior to January 1, 1987 or an ordinance or regulation adopted by a home rule municipality after January 1, 1987 which is not inconsistent with the Manufactured Housing and Zoning Act. However, if such ordinance or regulation is repealed then the Manufactured Housing and Zoning Act shall apply thereafter to that home rule municipality.
History:
Laws 1987, ch. 196, § 7.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 21A - Manufactured Housing and Zoning › Section 3-21A-8 - Municipal inspection program; manufactured housing.

Notwithstanding any other provisions of law for inspection of manufactured housing, a municipality over 100,000 in population located in a class "A" county may establish a manufactured housing inspection program to inspect foundations, tie-downs and utility service hookups and lines including but not limited to sewer, water, electrical and gas service. The municipality may establish and collect a reasonable inspection fee. The inspections may be made in addition to any other inspections authorized by law.
History:
Laws 1987, ch. 196, § 8.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 22 - Historic Districts and Landmarks › Section 3-22-1 - Historic District and Landmark Act; short title.

Chapter 3, Article 22 NMSA 1978 may be cited as the "Historic District and Landmark Act."
History:
1953 Comp., § 14-21-1, enacted by Laws 1965, ch. 300; 1983, ch. 178, § 1.
ANNOTATIONS
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.
— 83 Am. Jur. 2d Zoning and Planning § 77.
Applicability of zoning regulations to governmental projects or activities, 53 A.L.R.5th 1.
101A C.J.S. Zoning and Land Planning § 48.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 22 - Historic Districts and Landmarks › Section 3-22-1.1 - Definition.

As used in the Historic District and Landmark Act, "landmark" means a structure or site of historical interest.
History:
1978 Comp., § 3-22-1.1, enacted by Laws 1983, ch. 178, § 2.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 22 - Historic Districts and Landmarks › Section 3-22-2 - Purpose.

The legislature of the state of New Mexico hereby declares that the historical heritage of this state is among its most valued and important assets and that it is the intention of the Historic District and Landmark Act to empower the counties and municipalities of this state with as full and complete powers to preserve, protect and enhance the historic areas and landmarks lying within their respective jurisdictions as it is possible for this legislature to permit under the constitution of the United States and the constitution of New Mexico and subject to the specific duties and responsibilities respecting historical matters already granted or to be granted under other statutes of this state.
History:
1953 Comp., § 14-21-2, enacted by Laws 1965, ch. 300; 1983, ch. 178, § 3.
ANNOTATIONS
City's power to zone state property must be delegated
to the city by a state statute; and, as statutes granting power to cities are strictly construed, any fair or reasonable doubt concerning the existence of an asserted power is resolved against the city.
City of Santa Fe v. Armijo
, 1981-NMSC-102, 96 N.M. 663, 634 P.2d 685.
State governmental body is not subject to local zoning regulations or restrictions.
City of Santa Fe v. Armijo
, 1981-NMSC-102, 96 N.M. 663, 634 P.2d 685.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 22 - Historic Districts and Landmarks › Section 3-22-3 - Establishment of historic districts and landmarks by zoning.

Any county or municipality otherwise empowered by law to adopt and enforce zoning ordinances, rules and regulations is hereby empowered to create, as part of the building and zoning regulations and restrictions adopted by it in the manner otherwise provided by law and in accordance with a comprehensive zoning plan, a zoning district designating certain areas as historical areas and landmarks and may, for the purpose of preserving, protecting and enhancing such historical areas and landmarks, adopt and enforce regulations and restrictions within such district relating to the erection, alteration and destruction of those exterior features of buildings and other structures subject to public view from any public street, way or other public place.
History:
1953 Comp., § 14-21-3, enacted by Laws 1965, ch. 300; 1983, ch. 178, § 4.
ANNOTATIONS
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 and construction of statute or ordinance protecting historical landmarks, 18 A.L.R.4th 990.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 22 - Historic Districts and Landmarks › Section 3-22-4 - Historic areas and landmarks; authorization to expend funds, to enter [into] agreements and, where necessary, exercise power of eminent domain.

Any county or municipality is hereby empowered to expend public funds for any purposes connected with the preservation, protection or enhancement of historical areas and landmarks, areas related to historical areas or areas otherwise of special architectural or visual interest, including but not limited to the purchase of any or all of such areas and landmarks, if necessary, through the use of eminent domain in the manner provided by law for the acquisition of property for a public purpose, which acquisition is hereby declared to be:
A. the leasing or acquisition of any other title or interest in the same by negotiation or, if necessary, through the use of eminent domain in the manner provided by law, including the acquisition of easements in and related to such areas and landmarks which will permit the county or municipality to control development of the same in a manner consistent with the purposes of the Historic District and Landmark Act;
B. the entering into any reasonable agreement with private persons to promote the objectives of this section; or
C. the enactment of appropriate ordinances or resolutions under which the county or municipality, as the case may be, may be given prior right to acquire any interest in property in such areas and landmarks as over any private person offering an equal price for the same interest or any other similar measures as may be consistent with the purposes of the Historic District and Landmark Act.
History:
1953 Comp., § 14-21-4, enacted by Laws 1965, ch. 300; 1983, ch. 178, § 5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Validity and construction of statute or ordinance protecting historical landmarks, 18 A.L.R.4th 990.
Application and construction of § 106 of the National Historic Preservation Act of 1966 (16 USCS § 470f), dealing with federally sponsored projects which affect historic properties, 68 A.L.R. Fed. 578.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 22 - Historic Districts and Landmarks › Section 3-22-5 - Historic areas and landmarks; construction of this act.

Nothing in the Historic District and Landmark Act shall be construed to limit any existing inherent, statutory or other powers under which any county or municipality has enacted appropriate measures regarding historic areas and landmarks.
History:
1953 Comp., § 14-21-5, enacted by Laws 1965, ch. 300; 1983, ch. 178, § 6.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 23 - Public Utilities › Section 3-23-3 - Municipal utility; approval of New Mexico public utility commission.

A. If the acquisition of a utility is to be financed from funds received from the issuance and sale of revenue bonds, the price of the acquisition of the utility shall be approved by the New Mexico public utility commission [public regulation commission] and the commission shall require:
(1) a determination by appraisal or otherwise of the true value of the utility to be purchased; or
(2) an engineer's estimate of the cost of the utility to be constructed.
B. No revenue bonds shall be issued for the acquisition of such a utility until the New Mexico public utility commission [public regulation commission] has approved the issue and its amount, date of issuance, maturity, rate of interest and general provisions.
C. The provisions of Subsections A and B of this section shall not apply to the condemnation by a municipality having a population of twenty-five thousand or more persons according to the 1990 federal decennial census of electricity facilities as authorized by Chapter 3, Article 24 NMSA 1978, sewer facilities as authorized by Chapter 3, Article 26 NMSA 1978 or water facilities as authorized by Chapter 3, Article 27 NMSA 1978.
History:
1953 Comp., § 14-22-3, enacted by Laws 1965, ch. 300; 1993, ch. 282, § 4; 1995, ch. 67, § 1; 1997, ch. 228, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler. It was not enacted by the legislature and is not part of the law.
Laws 1998, ch. 108, § 80 provided that references to the public utility commission be construed as references to the public regulation commission.
Cross references.
— For revenue bonds,
see
3-31-1 NMSA 1978 et seq.
The 1997 amendment,
effective April 11, 1997, substituted "electricity facilities as authorized by Chapter 3, Article 24 NMSA 1978" for "either" near the end of Subsection C.
The 1995 amendment,
effective April 5, 1995, added Subsection C.
The 1993 amendment,
effective June 18, 1993, substituted "New Mexico public utility commission" for "New Mexico public service commission" in the section heading and throughout the section, and inserted "and" following "issue" in Subsection B.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Records, right to examine records or documents of municipality relating to public utility conducted by it. 102 A.L.R. 756.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 23 - Public Utilities › Section 3-23-4 - Municipal utility; use of revenue.

A. Income derived from the operation of a municipal utility that has funds received from a revenue bond issue shall be used in the following priority:
(1) to maintain the municipal utility in good repair and to pay legitimate expenses of operation;
(2) to pay interest on revenue bonds issued for the purpose of acquiring, repairing, improving or enlarging the municipal utility;
(3) to create a sinking fund and a reasonable reserve fund as required by the ordinance authorizing the revenue bonds and the law governing their issue; and
(4) to pay the cost of improving and extending the municipal utility and the redemption of revenue bonds prior to their maturity if permitted by the ordinance authorizing their issuance.
B. If the municipal utility annually transfers to an interest and sinking fund for the retirement of outstanding revenue bonds an amount equal to one hundred twenty-five percent of the interest and sinking fund requirements for that year, any income in excess of this amount may then be transferred to the general fund of the municipality and expended as the governing body of the municipality directs. When the balance in the interest and sinking fund is equal to the total amount of interest and sinking fund requirements necessary to retire all such outstanding revenue bonds, the annual transfer of income to the sinking fund is not required.
History:
1953 Comp., § 14-22-4, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Cross references.
— For use of proceeds of revenue bonds,
see
3-31-2 NMSA 1978.
This section by its terms is permissive;
a city not having legislated on the subject can take advantage of its permissive authority.
Apodaca v. Wilson
, 1974-NMSC-071, 86 N.M. 516, 525 P.2d 876.
Transfer to general fund authorized.
— This section authorizes revenues derived from municipally owned and operated public utilities to be transferred to the city's general fund when all the conditions precedent have been met. 1964 Op. Att'y Gen. No. 64-153.
First condition precedent to the transfer of any revenues derived from the operation of the utility to the general fund
is that the utility has met the requirement of the annual transfer into the interest and sinking fund. 1964 Op. Att'y Gen. No. 64-153.
Public Purchases Act.
— If the expenditures encountered in maintaining and operating a public water utility are of such an extent as to come within the provisions of the Public Purchases Act, such provision must be followed. 1964 Op. Att'y Gen. No. 64-60.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 23 - Public Utilities › Section 3-23-5 - Municipal utility; duty to maintain and improve.

A. After the qualified electors at a regular or special municipal election have approved the acquisition of a municipal utility, the municipality shall maintain a municipal utility in good repair and improve and enlarge the municipal utility to accomplish the objectives and purposes for which it was designed.
B. A municipality may use other funds to defray the cost of operating or repairing a municipal utility, other than an electric or gas utility, generating facility or its interest in a jointly owned generating facility.
History:
1953 Comp., § 14-22-5, enacted by Laws 1965, ch. 300; 1979, ch. 260, § 3.
ANNOTATIONS
Cross references.
— For municipal power to maintain electric utilities,
see
3-24-1 and 3-24-14 NMSA 1978.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 23 - Public Utilities › Section 3-23-5.1 - Municipal utility permanent fund.

A. The governing body of a municipality may by ordinance establish a municipal utility permanent fund for each utility owned and operated by the municipality.
B. The municipal utility permanent fund shall be a fund in the municipal treasury into which may be deposited money from the sale of municipal utility assets or any portion of the unappropriated utility fund cash surplus that is in excess of fifty percent of the prior fiscal year's municipal utility budget. Money in the fund may be invested by the municipal board of finance as provided in Sections 6-10-10, 6-10-36 and 6-10-44 NMSA 1978.
C. Earnings from investment of a municipal utility permanent fund may be budgeted and appropriated by the governing body of the municipality for expenditure for any purpose related to the operation, maintenance and improvement of the municipal utility or deposited in the municipal utility permanent fund.
D. Money in the municipal utility permanent fund may be appropriated or expended only pursuant to approval of the voters of the municipality. The municipality may adopt a resolution calling for an election on the question of the expenditure of a specified amount of the municipal utility permanent fund for a specified purpose. The election shall be held within sixty days after the adoption of the resolution by the governing body. The election shall be called, conducted, counted and canvassed pursuant to the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978]. If a majority of the voters of the municipality voting on the question votes to approve the expenditure, that amount of money shall be available for appropriation from the municipal utility permanent fund for expenditure by the municipality for the specified purpose. If a majority of the voters of the municipality voting on the question votes against the expenditure, no money in the municipal utility permanent fund may be appropriated or expended for that purpose. Following an election at which the question was not approved, that question shall not again be submitted to the voters of the municipality for at least one year from the date of that election.
History:
Laws 2001, ch. 179, § 1; 2018, ch. 79, § 64.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2018, provided that the provisions of the Local Election Act govern elections called for the purpose of voting on the question of the expenditure of a specified amount of the municipal utility permanent fund for a specified purpose, and made conforming changes; and in Subsection D, after "counted and canvassed", deleted "substantially in the manner provided by law for special municipal elections pursuant to the Municipal Election Code" and added "pursuant to the provisions of the Local Election Act".
Temporary provisions.
— Laws 2018, ch. 79, § 174 provided that references in law to the Municipal Election Code and to the School Election Law shall be deemed to be references to the Local Election Act.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 23 - Public Utilities › Section 3-23-6 - Charge for service of municipal utility becomes a lien against the property served; exception.

A. Any charge imposed by ordinance for service rendered by a municipal utility, including an entity established pursuant to Section 72-1-10 NMSA 1978, except as indicated in Subsection C of this section, shall be:
(1) payable by the owner, personally, at the time the charge accrues and becomes due; and
(2) a lien upon the tract or parcel of land being served from such time.
B. The lien shall be enforced in the manner provided in Sections 3-36-1 through 3-36-5 NMSA 1978. In any proceedings where pleadings are required, it shall be sufficient to declare generally for the municipal utility service. Notice of the lien shall be filed in the manner provided in Section 3-36-1 NMSA 1978, and the effect of such filing shall be governed by Section 3-36-2 NMSA 1978.
C. Subsection A of this section shall not apply if an owner notifies the municipality that utility charges that may be incurred by a renter will not be the responsibility of the owner. Such notification shall be given in writing prior to the initiation of the debt and shall include the location of the rental property.
History:
1953 Comp., § 14-22-6, enacted by Laws 1965, ch. 300; 1971, ch. 225, § 1; 1981, ch. 213, § 2; 2011, ch. 117, § 2.
ANNOTATIONS
Cross references.
— For determination of uncollectible utility account and removal from accounts receivable,
see
3-37-7 NMSA 1978.
The 2011 amendment,
effective June 17, 2011, created a lien for charges imposed by the Albuquerque-Bernalillo county water utility authority for water and sewer service.
Ordinary and usual meaning attributable to the words "payable by owner"
is not such that they may be expanded to include subsequent owners.
Bettini v. City of Las Cruces
, 1971-NMSC-054, 82 N.M. 633, 485 P.2d 967.
This section and 3-24-2 NMSA 1978 compared.
— This section and 3-24-2 NMSA 1978 are not irreconcilable; this section is a general section to be controlled by the specific provisions of 3-24-2 NMSA 1978. 1968 Op. Att'y Gen. No. 68-18.
Statutory authorization for lien required.
— Unless expressly authorized by statute, a municipal utility cannot make delinquent water and electric bills a lien on the property. A statute giving a lien for such delinquent charges must necessarily be limited to its terms. 1962 Op. Att'y Gen. No. 62-108.
Lessee liable.
— The utility does have a claim for relief for delinquent charges against a lessee who put up the deposit and secured the service for his tenant in the lessee's name. 1962 Op. Att'y Gen. No. 62-108.
Subsequent tenant.
— The utility has no right to refuse to supply water or electricity to a subsequent tenant who himself is not in default and did not incur the delinquent charges. 1962 Op. Att'y Gen. No. 62-108.
There is no specific statute of limitations for the payment of utility bills.
1959 Op. Att'y Gen. No. 59-128, overruled to the extent it conflicts with 1962 Op. Att'y Gen. No. 62-108.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 23 - Public Utilities › Section 3-23-7 - Appointment of receiver; qualifications; powers.

A. Upon the failure of any municipality coming within the provisions of Sections 3-23-4, 3-23-7, 3-23-8 and 3-23-9 NMSA 1978, to comply with the provisions of these sections, the district court may at the suit of any resident taxpayer of the municipality appoint a receiver for the municipal utility. Under the court's direction, the receiver shall operate the municipal utility to accomplish the objectives and purposes of Sections 3-23-4, 3-23-7, 3-23-8 and 3-23-9 NMSA 1978.
B. No person shall be appointed a receiver unless he:
(1) has been an actual resident in good faith of the municipality for not less than one year prior to the date of his appointment; and
(2) is a taxpayer and owner of real estate of the value of at least five hundred dollars ($500) within the municipality. Upon petition to remove the receiver signed by not less than fifty-one percent of the qualified electors who are taxpayers resident within the municipality, the district court shall remove the receiver. A receiver shall act until discharged by the district court.
History:
1953 Comp., § 14-22-7, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Cross references.
— For management and operation of property of municipality upon disincorporation of municipality,
see
3-4-7 NMSA 1978.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 23 - Public Utilities › Section 3-23-8 - Municipal utility; receiver's certificates.

A. Upon the order of the district court, the receiver may issue receiver's certificates for the purpose of providing funds to operate, repair, improve or enlarge the municipal utility. Unless otherwise provided by the district court, payment of the receiver's certificates shall be pledged from the net income of the municipal utility and the receiver's certificates are a first lien upon the real and personal property of the municipal utility. The district court shall prescribe the certificates':
(1) form;
(2) term; and
(3) rate of interest.
B. Receiver's certificates are exempt from the operation of any law which regulates the issuance or sale of securities of public utilities.
History:
1953 Comp., § 14-22-8, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 23 - Public Utilities › Section 3-23-9 - Municipal utility; levy and collection of taxes not terminated by receivership.

The appointment of a receiver as authorized in Section 3-23-7 NMSA 1978, does not release the municipality from its obligation to levy and collect the taxes provided by the terms of bonds or the law governing their issue.
History:
1953 Comp., § 14-22-9, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 23 - Public Utilities › Section 3-23-10 - Municipal utility; board of utility commissioners.

A. A municipality may establish a municipal board of utility commissioners to manage and operate a municipal utility. The board of utility commissioners is responsible for the administration of the affairs of the utility. Members of the board of utility commissioners shall be appointed by the mayor with the consent of the governing body, and, except in the case of a class H county, each shall represent a commissioner district within the area served by the utility.
B. The ordinance establishing the board of utility commissioners:
(1) shall fix the number of commissioners;
(2) except in the case of a class H county, shall establish commissioner districts within the municipal utility's service area, with each district representing approximately the same number of consumers of the municipal utility;
(3) shall set the term of office for commissioners, which shall not exceed six years;
(4) may provide for staggered terms of office;
(5) shall establish the duties and jurisdiction of the board with respect to the management and administration of the affairs of the utility; and
(6) may contain such terms and provisions, consistent with law, that are reasonably necessary or desirable to accomplish the purposes assigned to the board.
C. Any municipality establishing a board of utility commissioners shall retain and possess all powers with respect to the utility for which the board is established as are consistent with the laws and constitution of New Mexico.
History:
1953 Comp., § 14-22-10, enacted by Laws 1965, ch. 300; 1967, ch. 223, § 2; 1999, ch. 135, § 1.
ANNOTATIONS
The 1999 amendment,
effective June 18, 1999, deleted "authority to establish" preceding "board of utility" in the section heading; in the second sentence of Subsection A, deleted "to the governing body" following "responsible" and in the third sentence substituted "except in the case of a class H county, each shall represent a commissioner district within" for "shall be residents of"; added Paragraph B(2) and redesignated the remaining paragraphs accordingly; substituted "for commissioners" for "of each commissioner" in Paragraph B(3); and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 23A - Municipal Cable Television › Section 3-23A-1 - Short title.

This act [3-23A-1 to 3-23A-6 NMSA 1978] may be cited as the "Municipal Cable Television Act".
History:
Laws 1993, ch. 208, § 1.
ANNOTATIONS
Cross references.
— For television translator stations,
see
5-2-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 23A - Municipal Cable Television › Section 3-23A-5 - Service area.

A municipally owned or operated cable television system may operate anywhere within the municipal boundaries of the municipality or within an area not to exceed five miles from its boundaries. A municipally owned or operated cable television system may not operate within the municipal boundaries of another municipality without the consent of the other municipality.
History:
Laws 1993, ch. 208, § 5.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 23A - Municipal Cable Television › Section 3-23A-6 - Service charges.

A municipality owning or operating a cable television system may charge reasonable, nondiscriminatory usage fees to its cable system customers. A municipality may not charge fees based on whether the customer is located inside or outside the municipal boundaries of the municipality owning or operating the system.
History:
Laws 1993, ch. 208, § 6.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 24 - Electric Utility › Section 3-24-2 - Electric utility; charges.

A municipality owning and operating an electric utility shall charge only the person receiving the electric service. Charges shall not be limited to measurement by kilowatt or the kilowatt hour. The provisions of this section shall not apply to the sale by a municipality of surplus electric power and energy derived from its generating facility or its interest in a jointly owned generating facility.
History:
1953 Comp., § 14-23-2, enacted by Laws 1965, ch. 300; 1979, ch. 260, § 5; 1999, ch. 70, § 1.
ANNOTATIONS
Cross references.
— For charge for service becomes a lien against property served,
see
3-23-6 NMSA 1978.
For municipal liens,
see
3-36-1 NMSA 1978 et seq.
The 1999 amendment,
effective June 18, 1999, deleted "which shall be measured by the kilowatt or the kilowatt-hour" from the end of the first sentence and added the second sentence.
This section controls the general provisions of 3-23-6 NMSA 1978
and is not irreconcilable with it. 1968 Op. Att'y Gen. No. 68-18.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 24 - Electric Utility › Section 3-24-3 - Electric utility; municipality serving a governmental agency.

Any municipality maintaining electric transmission lines more than five miles beyond the municipal boundary for the purpose of supplying electricity to the United States government, the state of New Mexico or any department or agency of these governments may:
A. acquire, by purchase, gift or other conveyance, any public utility system using such transmission line in providing service; and
B. acquire, construct, operate and maintain any electric utility system served by and contiguous to such transmission line, in conformity with:
(1) any franchise possessed by the public utility; or
(2) the consent and franchise from the governmental authority controlling the area to be served by the electric utility.
History:
1953 Comp., § 14-23-3, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 24 - Electric Utility › Section 3-24-4 - Jurisdiction over land of electric utility.

A. For the purpose of constructing, operating, maintaining and protecting an electric utility, a municipality has jurisdiction over:
(1) territory, occupied by an electric utility;
(2) all poles, lines, mains, pipes and other facilities of the electric utility; and
(3) that portion of any land upon which is located the electric utility and its facilities, or over which they extend, to the extent reasonably necessary to properly operate, maintain, and protect the facilities.
B. Any municipality is granted:
(1) easements not to exceed twenty feet in width along, upon, and across any land over which an existing distribution line, main, and pipe extends, and parallel to such lines, mains, and pipes, and on any street, road and highway abutting such land;
(2) authority to cut down and trim trees and shrubbery, to the extent necessary to keep them clear of the lines, means, pipes or systems; and
(3) authority to cut down and trim trees which are dead, weak, leaning or dangerous, and tall enough to strike the wire in falling.
History:
1953 Comp., § 14-23-4, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 24 - Electric Utility › Section 3-24-5 - Electric utility; eminent domain power.

Any municipality owning, operating or proposing to construct an electric utility has the power of eminent domain for the purpose of acquiring property for the use of the electric utility according to the procedure for condemnation as provided by the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978].
History:
1953 Comp., § 14-23-5, enacted by Laws 1965, ch. 300; 1969, ch. 251, § 4; 1981, ch. 125, § 37.
ANNOTATIONS
Cross references.
— For eminent domain power of municipality,
see
3-18-10 NMSA 1978.
Section not authority for condemning existing utility.
— Condemning an existing public utility and then using the condemned property in the exact same fashion does not encompass construction of an electric utility; thus, the language of this section is insufficient to allow a municipality to condemn an existing public electric utility.
City of Las Cruces v. El Paso Elec. Co
., 904 F. Supp. 1238 (D.N.M. 1995).
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 24 - Electric Utility › Section 3-24-6 - Electric utility; power to issue revenue bonds.

A. A municipality may issue electric utility revenue bonds as provided in Sections 3-31-1 through 3-31-12 NMSA 1978. The proceeds from the sale of the electric utility revenue bonds are to be used solely for the purpose of purchasing, acquiring, constructing and making necessary improvements, extensions, repairs and betterments of the electric utility.
B. The electric utility revenue bonds are to be paid solely from the net income derived from the operation of the electric utility.
History:
1953 Comp., § 14-23-6, enacted by Laws 1965, ch. 300.