reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 7 - Fire District Bonds › Section 5-7-3 - Fire district bonds; authority to issue; pledge of revenues; limitation on time of issuance.

A. In addition to any other law authorizing a county or municipality to issue revenue bonds, a county or municipality may issue fire district bonds pursuant to the Fire District Bond Act for the purposes specified in this section.
B. Fire district bonds may be issued for acquiring, extending, enlarging, bettering, repairing, improving, constructing, purchasing, furnishing, equipping and rehabilitating any fire district project, including, where applicable, purchasing, otherwise acquiring or improving the ground therefor, or for any combination of the foregoing purposes. The county or municipality may pledge irrevocably any or all of the project revenues provided for the operation of the fire district project for which the particular bonds are issued to the payment of the interest on and principal of such bonds. The net revenues of any fire district project shall not be pledged to the bonds issued for any fire district project which clearly is unrelated in its purpose; but nothing in this section shall prevent the pledge to any of such bonds of any such revenues received from any existing, future or disconnected facilities and equipment which are related to and which may constitute a part of the particular fire district project. Any general determination by the governing body of the county or municipality that any facilities or equipment are reasonably related to and shall constitute a part of a specified fire district project shall be conclusive if set forth in the proceedings authorizing such fire district bonds.
History:
Laws 1983, ch. 162, § 3.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 7 - Fire District Bonds › Section 5-7-4 - Use of proceeds of bond issue.

It is unlawful to divert, use or expend any money received from the issuance of fire district bonds for any purpose other than the purposes for which the bonds were issued.
History:
Laws 1983, ch. 162, § 4.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 7 - Fire District Bonds › Section 5-7-5 - Fire district bonds; terms.

County or municipal fire district bonds:
A. shall bear interest at a coupon rate or coupon rates not exceeding the maximum coupon rate which is permitted by the Public Securities Act [6-14-1 to 6-14-3 NMSA 1978]; provided that interest shall be payable annually or semiannually and may or may not be evidenced by coupons; and provided further that the first interest payment date may be for interest accruing for any period not exceeding one year;
B. may be subject to a prior redemption at the county's or municipality's option at such time or times and upon such terms and conditions, with or without the payment of such premium or premiums, as may be provided by ordinance;
C. may mature at any time or times not exceeding twenty years after the date of issuance;
D. may be serial in form and maturity or may consist of one bond payable at one time or in installments;
E. shall be sold for cash at, above or below par and at a price which results in a net effective interest rate which does not exceed the maximum permitted by the Public Securities Act; and
F. may be sold at public or private sale.
History:
Laws 1983, ch. 162, § 5.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 7 - Fire District Bonds › Section 5-7-6 - Ordinance authorizing fire district bonds; two-thirds majority required.

A. At a regular or special meeting called for the purpose of issuing fire district bonds as authorized in Section 3 [5-7-3 NMSA 1978] of the Fire District Bond Act, the governing body may adopt an ordinance that:
(1) declares the necessity for issuing fire district bonds;
(2) authorizes the issuance of fire district bonds by an affirmative vote of two-thirds of all the members of the governing body; and
(3) designates the source of the pledged revenues.
History:
Laws 1983, ch. 162, § 6.
ANNOTATIONS
Compiler's notes.
— This section was enacted without a Subsection B.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 7 - Fire District Bonds › Section 5-7-7 - Fire district bonds not general county or municipal obligations; authentication.

A. Fire district bonds or refunding bonds issued as authorized in the Fire District Bond Act are:
(1) not general obligations of the county or municipality; and
(2) collectible only from the proper pledged revenues, and each bond shall state that it is payable solely from the proper pledged revenues and that the bondholders may not look to any other county or municipal fund for the payment of the interest and principal of the bonds.
B. The bonds and coupons shall be signed and sealed as provided by the ordinance issuing the same, and the Uniform Facsimile Signature of Public Officials Act shall be applicable.
History:
Laws 1983, ch. 162, § 7.
ANNOTATIONS
Cross references.
— For the Uniform Facsimile Signature of Public Officials Act,
see
6-9-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 8 - Land Development Fees and Rights › Section 5-8-1 - Short title.

This act [5-8-1 to 5-8-42 NMSA 1978] may be cited as the "Development Fees Act".
History:
Laws 1993, ch. 122, § 1.
ANNOTATIONS
Cross references.
— For land use easements,
see
Chapter 47, Article 12 NMSA 1978.
Law reviews. —
For article, "Water Supply and Urban Growth in New Mexico: Same Old, Same Old or a New Era," see 43 Nat. Resources J. 803 (2003).
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 8 - Land Development Fees and Rights › Section 5-8-4 - Items payable by fee.

A. An impact fee may be imposed only to pay the following specified costs of constructing capital improvements or facility expansions:
(1) estimated capital improvements plan cost;
(2) planning, surveying and engineering fees paid to an independent qualified professional who is not an employee of the municipality or county for services provided for and directly related to the construction of capital improvements or facility expansions;
(3) fees actually paid or contracted to be paid to an independent qualified professional, who is not an employee of the municipality or county, for the preparation or updating of a capital improvements plan; and
(4) up to three percent of total impact fees collected for administrative costs for municipal or county employees who are qualified professionals.
B. Projected debt service charges may be included in determining the amount of impact fees only if the impact fees are used for the payment of principal and interest on bonds, notes or other obligations issued to finance construction of capital improvements or facility expansions identified in the capital improvements plan.
History:
Laws 1993, ch. 122, § 4.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 8 - Land Development Fees and Rights › Section 5-8-5 - Items not payable by fee.

Impact fees shall not be imposed or used to pay for:
A. construction, acquisition or expansion of public facilities or assets that are not capital improvements or facility expansions identified in the capital improvements plan;
B. repair, operation or maintenance of existing or new capital improvements or facility expansions;
C. upgrading, updating, expanding or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards;
D. upgrading, updating, expanding or replacing existing capital improvements to provide better service to existing development;
E. administrative and operating costs of a municipality or county except as provided in Paragraph (4) of Subsection A of Section 4 [5-8-4 NMSA 1978] of the Development Fees Act;
F. principal payments or debt service charges on bonds or other indebtedness, except as allowed by Section 4 of the Development Fees Act; or
G. libraries, community centers, schools, projects for economic development and employment growth, affordable housing or apparatus and equipment of any kind, except capital improvements defined in Paragraph (3) of Subsection C [D] of Section 2 [5-8-2 NMSA 1978] of the Development Fees Act.
History:
Laws 1993, ch. 122, § 5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and it is not part of the law.
The reference in Subsection G to Subsection C of 5-8-2 NMSA 1978, appears to actually refer to Subsection D of that section.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 8 - Land Development Fees and Rights › Section 5-8-6 - Capital improvements plan.

A. A municipality or county shall use qualified professionals to prepare the capital improvements plan and to calculate the impact fee. The capital improvements plan shall follow the infrastructure capital improvement planning guidelines established by the department of finance and administration and shall address the following:
(1) a description, as needed to reasonably support the proposed impact fee, which shall be prepared by a qualified professional, of the existing capital improvements within the service area and the costs to upgrade, update, improve, expand or replace the described capital improvements to adequately meet existing needs and usage and stricter safety, efficiency, environmental or regulatory standards;
(2) an analysis, which shall be prepared by a qualified professional, of the total capacity, the level of current usage and commitments for usage of capacity of the existing capital improvements;
(3) a description, which shall be prepared by a qualified professional, of all or the parts of the capital improvements or facility expansions and their costs necessitated by and attributable to new development in the service area based on the approved land use assumptions;
(4) a definitive table establishing the specific level or quantity of use, consumption, generation or discharge of a service unit for each category of capital improvements or facility expansions and an equivalency or conversion table establishing the ratio of a service unit to various types of land uses, including residential, commercial and industrial;
(5) the total number of projected service units necessitated by and attributable to new development within the service area based on the approved land use assumptions and calculated in accordance with generally accepted engineering or planning criteria;
(6) the projected demand for capital improvements or facility expansions required by new service units accepted over a reasonable period of time, not to exceed ten years; and
(7) anticipated sources of funding independent of impact fees.
B. The analysis required by Paragraph (2) of Subsection A of this section may be prepared on a system-wide basis within the service area for each major category of capital improvement or facility expansion for the designated service area.
C. The governing body of a municipality or county is responsible for supervising the implementation of the capital improvements plan in a timely manner.
History:
Laws 1993, ch. 122, § 6.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 8 - Land Development Fees and Rights › Section 5-8-8 - Time for assessment and collection of fee.

A. Assessments of an impact fee shall be made at the earliest possible time. Collection of the impact fee shall occur at the latest possible time.
B. For land that has been platted in accordance with the subdivision or platting procedures of a municipality or county before the effective date of the Development Fees Act or for land on which new development occurs or is proposed without platting, the municipality or county may assess the impact fees at the time of development approval or issuance of a building permit, whichever date is earlier. The assessment shall be valid for a period of not less than four years from the date of development approval or issuance of a building permit, whichever date is earlier.
C. For land that is platted after the effective date of the Development Fees Act, the municipality or county shall assess the fees at the time of recording of the subdivision plat and this assessment shall be valid for a period of not less than four years from the date of recording of the plat.
D. Collection of impact fees shall occur no earlier than the date of issuance of a building permit.
E. For new development that is platted in accordance with the subdivision or platting procedures of a municipality or county before the adoption of an impact fee, an impact fee shall not be collected on any service unit for which a valid building permit has been issued.
F. After the expiration of the four-year period described in Subsections B and C of this section, a municipality or county may adjust the assessed impact fee to the level of current impact fees as provided in the Development Fees Act.
History:
Laws 1993, ch. 122, § 8.
ANNOTATIONS
Compiler's notes.
— The phrase "effective date of the Development Fees Act", in Subsections B and C, refers to the effective date of Laws 1993, ch. 122, which was July 1, 1993.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 8 - Land Development Fees and Rights › Section 5-8-9 - Additional fee prohibited; exception.

Except as provided in Subsection F of Section 8 [5-8-8 NMSA 1978] of the Development Fees Act, after assessment of the impact fees attributable to the new development or execution of an agreement for payment of impact fees, additional impact fees or increases in fees may not be assessed for any reason unless the number of service units to be developed increases. In the event of an increase in the number of service units, the impact fees to be imposed are limited to the amount attributable to the additional service units.
History:
Laws 1993, ch. 122, § 9.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 8 - Land Development Fees and Rights › Section 5-8-10 - Agreement with owner regarding payment.

A municipality or county is authorized to enter into an agreement with the owner of a tract of land for which a plat has been recorded providing for a method of payment of the impact fees over an extended period of time otherwise in compliance with the Development Fees Act.
History:
Laws 1993, ch. 122, § 10.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 8 - Land Development Fees and Rights › Section 5-8-11 - Collection of fees if services not available.

Impact fees may be assessed but shall not be collected unless the:
A. collection is made to pay for a capital improvement or facility expansion that has been identified in the capital improvements plan and the municipality or county commits to complete construction within seven years and to have the service available within a reasonable period of time after completion of construction considering the type of capital improvement or facility expansion to be constructed but in no event longer than seven years;
B. municipality or county agrees that the owner of a new development may construct to adopted municipal or county standards or finance the capital improvements or facility expansions and agrees that the costs incurred or funds advanced will be credited against the impact fees otherwise due from the new development or agrees to reimburse the owner for such costs from impact fees paid from other new developments that will use such capital improvements or facility expansions, which fees shall be collected and reimbursed to the property owner of record at the time the plat of the other new development is recorded; or
C. time period set forth in Subsection A of this section can be extended, provided the municipality or county obtains a performance bond or similar surety securing performance of the obligation to construct the capital improvements or facility expansions but in no event longer than seven years from commencement of construction of the capital improvements or facility expansion for which fees have been collected. The municipality or county shall establish written procedures to ensure that the owner of a new development shall not lose the value of the credits. Any refund for fees shall be made as provided in Section 17 [5-8-17 NMSA 1978] of the Development Fees Act.
History:
Laws 1993, ch. 122, § 11.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 8 - Land Development Fees and Rights › Section 5-8-12 - Entitlement to services.

Any new development for which an impact fee has been paid is entitled to the permanent use and benefit of the services for which the fee was exacted and is entitled to receive prompt service from any existing facilities with actual capacity to serve the new service units.
History:
Laws 1993, ch. 122, § 12.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 8 - Land Development Fees and Rights › Section 5-8-13 - Authority of municipality or county to spend funds or enter into agreements to reduce fees.

Municipalities or counties may spend funds from any lawful source or pay for all or a part of the capital improvements or facility expansions to reduce the amount of impact fees. A developer and a municipality or county may agree to offset or reduce part or all of the impact fee assessed on that new development, provided that the public policy which supports the reduction is contained in the appropriate planning documents of the municipality or county and provided that the development's new proportionate share of the system improvement is funded with revenues other than impact fees from other new developments.
History:
Laws 1993, ch. 122, § 13.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 8 - Land Development Fees and Rights › Section 5-8-15 - Credits against facilities fees.

Any construction of, contributions to or dedications of on-site or off-site facilities, improvements, or real or personal property with off-site benefits not required to serve the new development, in excess of minimum municipal and county standards established by a previously adopted and valid ordinance or regulation and required by a municipality or county as a condition of development approval shall be credited against impact fees otherwise due from the development. The credit shall include the value of:
A. dedication of land for parks, recreational areas, open space trails and related areas and facilities or payments in lieu of that dedication; and
B. dedication of rights of way or easements or construction or dedication of on-site water distribution, wastewater collection or drainage facilities, or streets, sidewalks or curbs.
History:
Laws 1993, ch. 122, § 15.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 8 - Land Development Fees and Rights › Section 5-8-16 - Accounting for fees and interest.

A. The order, ordinance or resolution imposing an impact fee shall provide that all money collected through the adoption of an impact fee shall be maintained in separate interest-bearing accounts clearly identifying the payor and the category of capital improvements or facility expansions within the service area for which the fee was adopted.
B. Interest earned on impact fees shall become part of the account on which it is earned and shall be subject to all restrictions placed on the use of impact fees under the Development Fees Act.
C. Money from impact fees may be spent only for the purposes for which the impact fee was imposed as shown by the capital improvements plan and as authorized by the Development Fees Act.
D. The records of the accounts into which impact fees are deposited shall be open for public inspection and copying during ordinary business hours of the municipality or county.
E. As part of its annual audit process, a municipality or county shall prepare an annual report describing the amount of any impact fees collected, encumbered and used during the preceding year by category of capital improvement and service area identified as provided in Subsection A of this section.
History:
Laws 1993, ch. 122, § 16.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 8 - Land Development Fees and Rights › Section 5-8-17 - Refunds.

A. Upon the request of an owner of the property on which an impact fee has been paid, the municipality or county shall refund the impact fee if existing facilities are available and service is not provided or the municipality or county has, after collecting the fee when service was not available, failed to complete construction within the time allowed under Section 11 [5-8-11 NMSA 1978] of the Development Fees Act or service is not available within a reasonable period of time after completion of construction considering the type of capital improvement or facility expansion to be constructed, but in no event later than seven years from the date of payment under Subsection A of Section 11 of the Development Fees Act.
B. Upon completion of the capital improvements or facility expansions identified in the capital improvements plan, the municipality or county shall recalculate the impact fee using the actual costs of the capital improvements or facility expansion. If the impact fee calculated based on actual costs is less than the impact fee paid, including any sources of funding not anticipated in the capital improvements plan, the municipality or county shall refund the difference if the difference exceeds the impact fee paid by more than ten percent, based upon actual costs.
C. The municipality or county shall refund any impact fee or part of it that is not spent as authorized by the Development Fees Act within seven years after the date of payment.
D. A refund shall bear interest calculated from the date of collection to the date of refund at the statutory rate as set forth in Section 56-8-3 NMSA 1978.
E. All refunds shall be made to the record owner of the property at the time the refund is paid. However, if the impact fees were paid by a governmental entity, payment shall be made to the governmental entity.
F. The owner of the property on which an impact fee has been paid or a governmental entity that has paid the impact fee has standing to sue for a refund under this section.
History:
Laws 1993, ch. 122, § 17.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 8 - Land Development Fees and Rights › Section 5-8-19 - Hearing on land use assumptions.

To impose an impact fee, a municipality or county shall schedule and publish notice of a public hearing to consider land use assumptions within the designated service area that will be used to develop the capital improvements plan.
History:
Laws 1993, ch. 122, § 19.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 8 - Land Development Fees and Rights › Section 5-8-20 - Information about assumptions available to public.

On or before the date of the first publication of the notice of the hearing on land use assumptions, the municipality or county shall make available to the public its land use assumptions, the time period of the projections and a description of the general nature of the capital improvement facilities that may be proposed.
History:
Laws 1993, ch. 122, § 20.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 8 - Land Development Fees and Rights › Section 5-8-21 - Notice of hearing on land use assumptions.

A. The municipality or county shall publish notice of the hearing conforming to locally adopted regulations governing change-of-zone requests, except as otherwise provided in this section.
B. The notice shall contain:
(1) a headline to read as follows:
"NOTICE OF PUBLIC HEARING ON LAND
USE ASSUMPTIONS RELATING
TO POSSIBLE ADOPTION OF
IMPACT FEES";
(2) the time, date and location of the hearing;
(3) a statement that the purpose of the hearing is to consider the land use assumptions that will be used to develop a capital improvements plan under which an impact fee may be imposed;
(4) an easily understandable map of the service area to which the land use assumptions apply; and
(5) a statement that any member of the public has the right to appear at the hearing and present evidence for or against the land use assumptions.
C. The municipality or county, within thirty days after the date of the public hearing, shall approve or disapprove the land use assumptions.
D. An ordinance, order or resolution approving land use assumptions shall not be adopted as an emergency measure and its adoption must comply with the procedural requirements of the Development Fees Act.
History:
Laws 1993, ch. 122, § 21.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 8 - Land Development Fees and Rights › Section 5-8-22 - System-wide land use assumptions.

A. A municipality or county may adopt system-wide land use assumptions for water supply and treatment facilities in lieu of adopting land use assumptions for each service area for such facilities.
B. Prior to adopting system-wide land use assumptions, a municipality or county shall follow the public notice, hearing and other requirements for adopting land use assumptions.
C. After adoption of system-wide land use assumptions, a municipality or county is not required to adopt additional land use assumptions for a service area for water supply, treatment and distribution facilities or wastewater collection and treatment facilities as a prerequisite to the adoption of a capital improvements plan or impact fee, provided the capital improvements plan and impact fee are consistent with the system-wide land use assumptions.
History:
Laws 1993, ch. 122, § 22.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 8 - Land Development Fees and Rights › Section 5-8-23 - Capital improvements plan required after approval of land use assumptions.

If the governing body adopts an ordinance, order or resolution approving the land use assumptions, the municipality or county shall provide for a capital improvements plan to be developed by qualified professionals using generally accepted engineering and planning practices in accordance with Section 6 [5-8-6 NMSA 1978] of the Development Fees Act.
History:
Laws 1993, ch. 122, § 23.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 8 - Land Development Fees and Rights › Section 5-8-24 - Hearing on capital improvements plan and impact fee.

Upon completion of the capital improvements plan, the governing body shall schedule and publish notice of a public hearing to discuss the adoption of the capital improvements plan and imposition of the impact fee. The public hearing must be held by the governing body of the municipality or county to discuss the proposed ordinance, order or resolution adopting a capital improvements plan and imposing an impact fee.
History:
Laws 1993, ch. 122, § 24.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 8 - Land Development Fees and Rights › Section 5-8-26 - Notice of hearing on capital improvements plan and impact fee.

A. The municipality or county shall publish notice of the hearing conforming to locally adopted regulations governing change-of-zone requests, except as otherwise provided in this section.
B. The notice must contain the following:
(1) a headline to read as follows:
"NOTICE OF PUBLIC HEARING ON CAPITAL
IMPROVEMENTS PLAN AND
ADOPTION OF IMPACT
FEES";
(2) the time, date and location of the hearing;
(3) a statement that the purpose of the hearing is to consider the proposed capital improvements plan and the adoption of an impact fee;
(4) an easily understandable map of the service area in which the proposed fee will be imposed;
(5) the amount of the proposed impact fee per service unit; and
(6) a statement that any member of the public has the right to appear at the hearing and present evidence for or against the plan and proposed fee.
History:
Laws 1993, ch. 122, § 26.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 8 - Land Development Fees and Rights › Section 5-8-27 - Advisory committee comments on capital improvements plan and impact fees.

The advisory committee created under Section 37 [5-8-37 NMSA 1978] of the Development Fees Act shall file its written comments on the proposed capital improvements plan and impact fees before the fifth business day before the date of the public hearing on the plan and fees.
History:
Laws 1993, ch. 122, § 27.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 8 - Land Development Fees and Rights › Section 5-8-28 - Approval of capital improvements plan and impact fee required.

A. The municipality or county, within thirty days after the date of the public hearing on the capital improvements plan and impact fee, shall approve, disapprove or modify the adoption of the capital improvements plan and imposition of an impact fee.
B. An ordinance, order or resolution approving the capital improvements plan and imposition of an impact fee shall not be adopted as an emergency measure and its adoption must comply with the procedural requirements of the Development Fees Act.
History:
Laws 1993, ch. 122, § 28.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 8 - Land Development Fees and Rights › Section 5-8-29 - Consolidation of land use assumptions and capital improvements plan.

A. In lieu of separately adopting the land use assumptions and capital improvements plan for a service area containing not greater than three hundred units, a municipality or county may consolidate the land use assumptions and the capital improvements plan, and adopt the assumptions, the plan and the impact fee simultaneously.
B. If a municipality or county elects to consolidate the land use assumptions and capital improvements plan as authorized by Subsection A of this section, the municipality or county shall first comply with Section 20 [5-8-20 NMSA 1978] of the Development Fees Act and follow the public notice and hearing requirements for adopting a capital improvements plan and impact fee as provided in Section 21 [5-8-21 NMSA 1978] of that act, except:
(1) the headline for the notice by publication shall read as follows:
"NOTICE OF PUBLIC HEARING ON
ADOPTION OF LAND USE
ASSUMPTIONS AND
IMPACT FEES";
(2) the notice shall state that the municipality or county intends to adopt land use assumptions, a capital improvements plan and impact fees at the hearing and does not intend to hold separate hearings to adopt the land use assumptions, capital improvements plan and impact fees;
(3) the notice shall specify a date, not earlier than sixty days after publication of the first notice, and must state that if a person, by not later than the date specified, makes a written request for separate hearings, the governing body shall hold separate hearings to adopt the land use assumptions and capital improvements plan; and
(4) the notice shall provide the name and mailing address of the official of the municipality or county to whom a request for separate hearings shall be sent.
C. In addition to the requirements of Subsection B of this section, the municipality or county shall comply with all other requirements for adopting land use assumptions, a capital improvements plan and an impact fee.
History:
Laws 1993, ch. 122, § 29.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 8 - Land Development Fees and Rights › Section 5-8-30 - Periodic update of land use assumptions and capital improvements plan required.

A. A municipality or county imposing an impact fee shall update the land use assumptions and capital improvements plan at least every five years. The initial five-year period begins on the day the capital improvements plan is adopted.
B. The municipality or county shall review and evaluate its current land use assumptions and shall cause an update of the capital improvements plan to be prepared in accordance with the Development Fees Act.
History:
Laws 1993, ch. 122, § 30.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 8 - Land Development Fees and Rights › Section 5-8-31 - Hearing on updated land use assumptions and capital improvements plan.

The governing body of the municipality or county shall, within sixty days after the date it receives the update of the land use assumptions and the capital improvements plan, schedule and publish notice of a public hearing to discuss and review the update and shall determine whether to amend the plan.
History:
Laws 1993, ch. 122, § 31.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 8 - Land Development Fees and Rights › Section 5-8-32 - Hearing on amendments to land use assumptions, capital improvements plan or impact fee.

A public hearing shall be held by the governing body of the municipality or county to discuss the proposed ordinance, order or resolution amending land use assumptions, the capital improvements plan or the impact fee. On or before the date of the first publication of the notice of the hearing on the amendments, the land use assumptions and the capital improvements plan, including the amount of any proposed amended impact fee per service unit, shall be made available to the public.
History:
Laws 1993, ch. 122, § 32.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 8 - Land Development Fees and Rights › Section 5-8-33 - Notice of hearing on amendments to land use assumptions, capital improvements plan or impact fee.

A. The municipality or county shall publish notice of the hearing conforming to locally adopted regulations governing change-of-zone requests, except as otherwise provided in this section.
B. The notice must contain the following:
(1) a headline to read as follows:
"NOTICE OF PUBLIC HEARING ON AMENDMENTS
TO LAND USE ASSUMPTIONS, CAPITAL
IMPROVEMENTS PLAN OR
IMPACT FEES";
(2) the time, date and location of the hearing;
(3) a statement that the purpose of the hearing is to consider amendments to land use assumptions, capital improvements plan or impact fees;
(4) an easily understandable description and map of the service area on which the update is being prepared; and
(5) a statement that any member of the public has the right to appear at the hearing and present evidence for or against the update.
History:
Laws 1993, ch. 122, § 33.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 8 - Land Development Fees and Rights › Section 5-8-34 - Advisory committee comments on amendments.

The advisory committee created under Section 37 [5-8-37 NMSA 1978] of the Development Fees Act shall file its written comments with the applicable municipality or county on the proposed amendments to the land use assumptions, capital improvements plan or impact fees before the fifth business day before the date of the public hearing on the amendments.
History:
Laws 1993, ch. 122, § 34.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 8 - Land Development Fees and Rights › Section 5-8-35 - Approval of amendments required.

A. The municipality or county, within thirty days after the date of the public hearing on the amendments, shall approve, disapprove, revise or modify the amendments to the land use assumptions, the capital improvements plan or impact fees.
B. An ordinance, order or resolution approving the amendments to the land use assumptions, the capital improvements plan or impact fees shall not be adopted as an emergency measure and such adoption must comply with the procedural requirements of the Development Fees Act.
History:
Laws 1993, ch. 122, § 35.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 8 - Land Development Fees and Rights › Section 5-8-36 - Determination that no update of land use assumptions, capital improvements plan or impact fee is needed.

A. If at the time an update under Section 30 [5-8-30 NMSA 1978] of the Development Fees Act is required, the governing body determines that no changes to the land use assumptions, capital improvements plan or impact fees are needed, it may, as an alternative to the updating requirements of Sections 30 through 35 [5-8-30 to 5-8-35 NMSA 1978] of the Development Fees Act, publish notice of its determination conforming to locally adopted regulations governing change-of-zone requests, except as otherwise provided in this section.
B. The notice shall contain the following:
(1) a headline to read as follows:
"NOTICE OF DETERMINATION NOT TO
UPDATE LAND USE ASSUMPTIONS,
CAPITAL IMPROVEMENTS PLAN OR
IMPACT FEES";
(2) a statement that the governing body of the municipality or county has determined that no change to the land use assumptions, capital improvements plan or impact fees are necessary;
(3) an easily understandable description and a map of the service area in which the updating has been determined to be unnecessary;
(4) a statement that if, within a specified date, which date shall be at least sixty days after publication of the notice, a person makes a written request to the designated official of the municipality or county requesting that the land use assumptions, capital improvements plan or impact fees be updated, the governing body may accept or reject such request by following the requirements of Sections 30 through 35 of the Development Fees Act; and
(5) a statement identifying the name and mailing address of the official of the municipality or county to whom a request for an update should be sent.
C. The advisory committee shall file its written comments on the need for updating the land use assumptions, capital improvements plan and impact fees before the fifth business day before the earliest notice of the governing body's decision that no update is necessary is mailed or published.
D. If by the date specified in Paragraph (4) of Subsection B of this section, a person requests in writing that the land use assumptions, capital improvements plan or impact fees be updated, the governing body shall cause, accept or reject an update of the land use assumptions and capital improvements plan to be prepared in accordance with Sections 30 through 35 of the Development Fees Act.
E. An ordinance, order or resolution determining the need for updating land use assumptions, capital improvements plan or impact fees shall not be adopted as an emergency measure and its adoption must comply with the procedural requirements of the Development Fees Act.
History:
Laws 1993, ch. 122, § 36.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 8 - Land Development Fees and Rights › Section 5-8-37 - Advisory committee.

A. On or before the date on which the order, ordinance or resolution is adopted under Section 19 [5-8-19 NMSA 1978] of the Development Fees Act, the governing body of a municipality or county shall appoint a capital improvements advisory committee.
B. The advisory committee shall be composed of not less than five members who shall be appointed by a majority vote of the governing body. Not less than forty percent of the membership of the advisory committee must be representative of the real estate, development or building industries. No members shall be employees or officials of a municipality or county or other governmental entity.
C. The advisory committee serves in an advisory capacity and shall:
(1) advise and assist the municipality or county in adopting land use assumptions;
(2) review the capital improvements plan and file written comments;
(3) monitor and evaluate implementation of the capital improvements plan;
(4) file annual reports with respect to the progress of the capital improvements plan and report to the municipality or county any perceived inequities in implementing the plan or imposing the impact fee; and
(5) advise the municipality or county of the need to update or revise the land use assumptions, capital improvements plan and impact fee.
D. The municipality or county shall make available to the advisory committee any professional reports with respect to developing and implementing the capital improvements plan.
E. The governing body of the municipality or county shall adopt procedural rules for the advisory committee to follow in carrying out its duties.
History:
Laws 1993, ch. 122, § 37.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 8 - Land Development Fees and Rights › Section 5-8-38 - Duties to be performed within time limits.

If the governing body of the municipality or county does not perform a duty imposed under the Development Fees Act within the prescribed period, a person who has paid an impact fee or an owner of land on which an impact fee has been paid has the right to present a written request to the governing body of the municipality or county stating the nature of the unperformed duty and requesting that it be performed within sixty days after the date of the request. If the governing body of the municipality or county finds that the duty is required under the Development Fees Act and is late in being performed, it shall cause the duty to commence within sixty days after the date of the request and continue until completion.
History:
Laws 1993, ch. 122, § 38.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 8 - Land Development Fees and Rights › Section 5-8-39 - Records of hearings.

A record shall be made of any public hearing provided for by the Development Fees Act. The record shall be maintained and be made available for public inspection by the municipality or county for at least ten years after the date of the public hearing.
History:
Laws 1993, ch. 122, § 39.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 8 - Land Development Fees and Rights › Section 5-8-40 - Prior impact fees replaced by fees under Development Fees Act.

An impact fee that is in place on the effective date of the Development Fees Act shall be replaced by an impact fee imposed under that act by July 1, 1995. Any municipality or county having an impact fee that has not been replaced under that act by July 1, 1995 shall be liable to any party who, after the effective date of that act, pays an impact fee that exceeds the maximum permitted under that act by more than ten percent for an amount equal to two times the difference between the maximum impact fee allowed and the actual impact fee imposed, plus reasonable attorneys' fees and court costs.
History:
Laws 1993, ch. 122, § 40.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 8 - Land Development Fees and Rights › Section 5-8-42 - Moratorium on development prohibited.

A moratorium shall not be placed on new development for the sole purpose of awaiting the completion of all or any part of the process necessary to develop, adopt or update impact fees.
History:
Laws 1993, ch. 122, § 42.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 8 - Land Development Fees and Rights › Section 5-8-43 - Purpose; transfer of development rights.

A. The purpose of this section is to:
(1) clarify an application of existing authority;
(2) provide guidelines for counties and municipalities to regulate transfers of development rights consistent with comprehensive plans;
(3) encourage the conservation of ecological, agricultural and historical land; and
(4) require public notification of transfers of development rights.
B. A municipality or county may, by ordinance, provide for voluntary transfer of all or partial development rights from one parcel of land to another parcel of land.
C. The ordinance shall identify on a zoning map areas from which development rights may be transferred and areas to which development rights may be transferred.
D. The ordinance shall provide for:
(1) the voluntary transfer of a development right from one parcel of land to increase the intensity of development of another parcel of land;
(2) joint powers agreements, if applicable, for administration of transfers of development rights across jurisdictional boundaries;
(3) the method of transfer of development rights, including methods of determining the accounting for the rights transferred;
(4) the reasonable rules to effect and control transfers and ensure compliance with the provisions of the ordinance; and
(5) public notification to the areas to which development rights may be transferred.
E. Transference of a development right shall be in writing and executed by the owner of the parcel from which the development right is being transferred and acknowledged by the transferor. A development right shall not be subject to condemnation.
F. As used in this section, "development right" means the rights permitted to a lot, parcel or area of land under a zoning ordinance or local law respecting permissible use, area, density or height of improvements executed thereon, and development rights may be calculated and allocated in accordance with density or height limitations or any criteria that will effectively quantify a development right in a reasonable and uniform manner.
G. Nothing in this section shall be construed to authorize a municipality or a county to impair existing property rights.
History:
Laws 2003, ch. 229, § 1.
ANNOTATIONS
Cross references.
— For property law in general,
see
Chapter 47 NMSA 1978.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 9 - Enterprise Zones › Section 5-9-1 - Short title.

Sections 1 through 15 [5-9-1 to 5-9-15 NMSA 1978] of this act may be cited as the "Enterprise Zone Act".
History:
Laws 1993, ch. 33, § 1.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 9 - Enterprise Zones › Section 5-9-2 - Purpose.

It is the purpose of the Enterprise Zone Act to provide for the establishment of enterprise zones in a wide variety of geographic areas in order to stimulate the creation of new jobs, particularly for economically disadvantaged workers and long-term unemployed individuals, and to promote revitalization of economically distressed areas by providing or encouraging:
A. tax relief at the state and local levels;
B. zoning relief at the local level; and
C. improvement of local services and betterment of the economic status of enterprise zone residents in their own community, particularly through the increased involvement of private, local and neighborhood organizations.
History:
Laws 1993, ch. 33, § 2.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 9 - Enterprise Zones › Section 5-9-3 - Definitions.

As used in the Enterprise Zone Act:
A. "business facility" means the place of business within an enterprise zone of a business that is established within or begins operations in an enterprise zone;
B. "economically disadvantaged worker" means an employed person whose income as an unrelated individual or whose family income is less than the federally established poverty level and is below seventy percent of the lower living-standard-income level as determined and published by the United States department of labor;
C. "enterprise zone" means any geographical area that is designated as an enterprise zone in accordance with the provisions of the Enterprise Zone Act;
D. "local government" means:
(1) the governing body of any county, incorporated municipality or Indian nation, tribe or pueblo; or
(2) the entity designated as a governing body in a joint powers agreement entered into between or among the entities described in Paragraph (1) of this subsection for the purpose of creating and administering an enterprise zone;
E. "long-term unemployed worker" means a person with limited opportunity for employment or reemployment in the same or similar occupation in the same area in which an individual resides, including any older individuals who may have substantial barriers to employment by reason of age; and
F. "project" means an activity, undertaking or series of activities or undertakings designed to create new jobs, encourage business development and eliminate slums or blighted areas in enterprise zones that conform to an approved enterprise zone plan for job and business development, slum clearance and redevelopment, rehabilitation and preservation in the enterprise zone.
History:
Laws 1993, ch. 33, § 3.