2018 New Mexico Statutes
Chapter 3 - Municipalities
Article 21 - Zoning Regulations
Section 3-21-11 - Conflicts between zoning regulations and other statutes and ordinances.
If any other statute or regulation or other local ordinance, resolution or regulation adopted under authority of Sections 3-21-1 through 3-21-14 NMSA 1978 is applicable to the same premises, the provision shall govern which requires:
A. the greater width or size of yards, courts or other open spaces;
B. the lower height of building or a less number of stories;
C. the greater percentage of lot or land to be left unoccupied;
D. or imposes, other higher standards.
History: 1953 Comp., § 14-20-9, enacted by Laws 1965, ch. 300.
Cross references. — For conflicts with Scenic Highway Zoning Act, see 67-13-14 NMSA 1978.
Master plan. — A master plan is not a zoning document within the meaning of Section 3-21-11 NMSA 1978 and does not supercede less restrictive provisions in a zoning ordinance. West Bluff Neighborhood Ass'n v. City of Albuquerque, 2002-NMCA-075, 132 N.M. 433, 50 P.3d 182, rev'd on other grounds, Rio Grande Chapter of Sierra Club v. N.M. Mining Comm'n, 2003-NMSC-005, 133 N.M. 97, 61 P.3d 806.
This section does not provide counties with express authority to zone on state land. County of Santa Fe v. Milagro Wireless, LLC, 2001-NMCA-070, 130 N.M. 771, 32 P.3d 214.
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 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.
Zoning regulation of intoxicating liquor as pre-empted by state law, 65 A.L.R.4th 555.
