2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 20 - Subdivisions; Planning and Platting › Section 3-20-5 - County and municipal jurisdiction over subdivision; concurrent jurisdiction; acceptance of unapproved streets; exercise of jurisdiction.

A. For the purpose of approving the subdivision and platting of land:
(1) the jurisdiction of a county includes all territory not within the boundary of a municipality;
(2) except as provided in Paragraph (4) of this subsection, the jurisdiction of a municipality having a population of twenty-five thousand or more persons according to the most recent census includes all territory within five miles of the boundary of the municipality and not within the boundary of another municipality;
(3) the jurisdiction of a municipality having a population of less than twenty-five thousand persons according to the most recent census includes all territory within three miles of the municipal boundary and not within the boundary of another municipality; and
(4) a municipality having a population over two hundred thousand persons according to the most recent census located in a class A county shall share approval authority with the county of subdivisions and platting of land within five miles of the municipal boundary. Approval shall be through the actions of the extraterritorial land use commission and extraterritorial land use authority.
B. Each municipality shall have jurisdiction over the territory within its boundary.
C. If territory not lying within the boundary of a municipality is within the platting jurisdiction of more than one municipality, the platting jurisdiction of each municipality shall terminate equidistant from the boundary of each municipality unless one municipality has a population according to the most recent census of less than two thousand five hundred persons and another municipality has a population according to the most recent census of more than two thousand five hundred persons. Then the platting jurisdiction of the municipality having the greatest population extends to such territory.
D. Except as provided in Paragraph (4) of Subsection A of this section, the county and a municipality shall exercise concurrent jurisdiction over territory within the platting jurisdiction of both the county and the municipality.
E. The governing body of a municipality or the board of county commissioners may not locate, construct or accept any street dedication until the street dedication is first submitted to the planning authority for approval or disapproval. If disapproved by the planning authority, the street dedication may be approved by a two-thirds vote of all the members of the governing body of the municipality having jurisdiction or of the board of county commissioners having jurisdiction. A street dedication accepted by the planning authority or by a two-thirds vote of all the members of the governing body of the municipality having jurisdiction or of the board of county commissioners having jurisdiction shall have the same status as any other public street.
History:
1953 Comp., § 14-19-5, enacted by Laws 1965, ch. 300; 1966, ch. 64, § 3; 1998, ch. 42, § 4.
ANNOTATIONS
Cross references.
— For Regional Planning Act,
see
3-56-1 to 3-56-9 NMSA 1978.
The 1998 amendment,
effective May 20, 1998, in Paragraph A(2), inserted "except as provided in Paragraph (4) of this subsection" at the beginning and made a minor stylistic change; made a minor stylistic change in Paragraph A(3); added Paragraph A(4); redesignated the second sentence of Paragraph A(3) as Subsection B and redesignated the remaining Subsections accordingly; and, inserted "Except as provided in Paragraph (4) of Subsection A of this section" in Subsection D.
Failure to obtain approval of mobile home park development.
— Since the developers of a mobile home park did not apply for permission from both the county and the village before commencing construction, they failed to satisfy the requirements for establishing the legality of the property's use.
Sandoval Cnty. Bd. of Comm'rs v. Ruiz
, 1995-NMCA-023, 119 N.M. 586, 893 P.2d 482.
Concurrent jurisdiction regarding city of Albuquerque.
— The county commission as well as municipal authorities must approve maps and plats of land to be subdivided which lie partially in and partially outside the corporate limits of the city of Albuquerque. 1958 Op. Att'y Gen. No. 58-245.
Division of lot held "subdivision" under city jurisdiction.
— The division of a lot, located within the five-mile extraterritorial subdivision and platting jurisdiction of a city, into four parcels by a purchaser is a "subdivision" under city jurisdiction. 1982 Op. Att'y Gen. No. 82-04.
Law reviews.
— For comment, "Regional Planning - Subdivision Control - New Mexico's New Municipal Code," see 6 Nat. Resources J. 135 (1966).
For note, "County Regulation of Land Use and Development," see 9 Nat. Resources J. 266 (1969).
For article, "Existing Legislation and Proposed Model Flood Plain Ordinance for New Mexico Municipalities," see 9 Nat. Resources J. 629 (1969).