2011 New Mexico Statutes
Chapter 5: Municipalities and Counties
Article 8: Land Development Fees and Rights, 5-8-1 through 5-8-43
Section 5-8-5: Items not payable by fee.
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.
