2019 New Mexico Statutes
Chapter 3 - Municipalities
Article 20 - Subdivisions; Planning and Platting
Section 3-20-6 - Subdivision in unincorporated area; approval of county commission.

Before a plat of any subdivision within the jurisdiction of a county is filed in the office of the county clerk, the plat shall be approved by the board of county commissioners of the county wherein the proposed subdivision lies. The board of county commissioners shall not approve and sign a plat unless the:

A. proposed streets conform to adjoining streets;

B. streets are defined by permanent monuments to the satisfaction of the board of county commissioners; and

C. boundary of the subdivision is defined by permanent monuments.

History: 1953 Comp., § 14-19-6, enacted by Laws 1965, ch. 300.

Duty to approve plat meeting requirements exists by implication. — While the statutes did not expressly impose a duty to approve a plat for a rural subdivision when the requirements of this section were met, the duty existed by necessary implication, since no other requirements were laid down as a prerequisite for approval. El Dorado at Santa Fe, Inc. v. Board of Cnty. Comm'rs, 1976-NMSC-029, 89 N.M. 313, 551 P.2d 1360.

Effect of continued compliance with requirements. — As long as a subdivision originally approved continues to comply with all of the statutory requirements, the approval of the subdivision cannot be revoked or suspended, or additional requirements imposed by the county for maintaining such approval. 1977 Op. Att'y Gen. No. 77-24.

Vested rights in proposed subdivision. — Where there is issuance of written approval for a proposed subdivision or building permit, together with a substantial change in reliance thereon, vested rights arise. In re Sundance Mountain Ranches, Inc., 1988-NMCA-026, 107 N.M. 192, 754 P.2d 1211.

"Permanent monument" means substantial objects which can be seen by the eye and made the basis for a survey. 1969 Op. Att'y Gen. No. 69-29.

Natural objects which have been termed as monuments include streams, rivers, ponds, lakes, shores, beaches, rocks, highways, streets, trees and hills. 1969 Op. Att'y Gen. No. 69-29.

Survey reference marks not preferred over natural objects. — Although survey reference marks may be sufficient permanent monuments, they are not to be preferred over natural objects, which are deemed to be more permanent and more readily ascertained. 1969 Op. Att'y Gen. No. 69-29.

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 note, "Subdivision Planning Through Water Regulation in New Mexico," see 12 Nat. Resources J. 286 (1972).