2019 New Mexico Statutes
Chapter 3 - Municipalities
Article 19 - Planning and Platting
Section 3-19-1 - Creation of planning commission.
A municipality is a planning authority and may, by ordinance:
A. establish a planning commission;
B. delegate to the planning commission:
(1) the power, authority, jurisdiction and duty to enforce and carry out the provisions of law relating to planning, platting and zoning; and
(2) other power, authority, jurisdiction and duty incidental and necessary to carry out the purpose of Sections 3-19-1 through 3-19-12 NMSA 1978;
C. retain to the governing body as much of this power, authority, jurisdiction and duty as it desires; and
D. adopt, amend, extend and carry out a general municipal or master plan which may be referred to as the general or master plan.
History: 1953 Comp., § 14-18-1, enacted by Laws 1965, ch. 300.
ANNOTATIONSCross references. — For annexation of territory, see 3-7-1 NMSA 1978 et seq.
For building construction and restrictions, see 3-18-6 NMSA 1978.
For Planning District Act, see 4-58-1 NMSA 1978.
For Executive Planning Act, see 9-14-1 NMSA 1978.
Ultimate planning decisions within city rest with city council. Mitchell v. Hedden, 1980-NMSC-056, 94 N.M. 348, 610 P.2d 752; Hyde Park Co. v. Santa Fe City Council, 226 F.3d 1207 (10th Cir. 2000).
Advisory nature of municipal master plans. — The New Mexico legislature intended any master plan adopted by a municipality to be advisory in nature. Dugger v. City of Santa Fe, 1992-NMCA-022, 114 N.M. 47, 834 P.2d 424, cert. denied, 113 N.M. 744, 832 P.2d 1223.
The master plan, being only a resolution, does not bind the city that adopts the plan to any specific procedures as would an ordinance. Dugger v. City of Santa Fe, 1992-NMCA-022, 114 N.M. 47, 834 P.2d 424, cert. denied, 113 N.M. 744, 832 P.2d 1223.
The legislature has assigned to the master plan the role of guide, enabling municipal planning commissions to use reasonable discretion in applying its provisions to the actual decision-making processes involved in municipal development; the plan does not carry the weight of law, as do ordinances, and has no regulatory effect. West Bluff Neighborhood Ass'n v. City of Albuquerque, 2002-NMCA-075, 132 N.M. 433, 50 P.3d 182, cert. denied, 132 N.M. 484, 51 P.3d 527, overruled by Rio Grande Chapter of Sierra Club v. N.M. Mining Comm'n, 2003-NMSC-005, 133 N.M. 97, 61 P.3d 806.
Power of vacation included among laws relating to planning, platting and zoning. — A delegation of the power to carry out the provisions of law relating to planning, platting and zoning includes the power of vacation. Sprague v. City of Las Vegas, 1984-NMSC-052, 101 N.M. 185, 679 P.2d 1283.
Law reviews. — For comment, "Land Use Planning - New Mexico's Green Belt Law," see 8 Nat. Resources J. 190 (1968).
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).
For note, "Subdivision Planning Through Water Regulation in New Mexico," see 12 Nat. Resources J. 286 (1972).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 83 Am. Jur. 2d Zoning and Planning §§ 4, 10 to 16.
62 C.J.S. Municipal Corporations § 76; 101A C.J.S. Zoning and Land Planning §§ 8 to 10, 29.
Motives, inquiry, upon review of zoning regulation, into motive of members of municipal authority approving or adopting it, 71 A.L.R.2d 568.
