2019 New Mexico Statutes
Chapter 3 - Municipalities
Article 21 - Zoning Regulations
Section 3-21-13 - Zoning enforcement by counties.

A. Counties having authority to regulate building and zoning under Sections 3-21-1 through 3-21-14 NMSA 1978, may enact ordinances to carry out that authority the same as a municipality, except where inconsistent with statutory or constitutional limitations placed on counties. The ordinances are effective only within the zoning jurisdiction of the county.

B. County ordinances enacted under this section may be enforced by prosecution in the district court of the county. Penalties for violations of these ordinances shall not exceed a fine of three hundred dollars ($300) or imprisonment for ninety days, or both.

C. The district attorney and sheriff shall enforce these ordinances.

History: 1953 Comp., § 14-20-11, enacted by Laws 1965, ch. 300.

Enforcement not limited. — By using "may" instead of "shall" in Subsection B of Section 3-21-13 NMSA 1978, the legislature indicated that it was being permissive, granting a county discretionary authority to enforce violations of ordinances by quasi-criminal prosecution subject to fines and imprisonment. Cerrillos Gravel Products, Inc. v. Santa Fe Bd. of Cnty. Comm'rs, 2005-NMSC-023, 138 N.M. 126, 117 P.3d 932.

This section does not provide sole remedy for violations of county ordinances. Cerrillos Gravel Products, Inc. v. Santa Fe Bd. of Cnty. Comm'rs, 2005-NMSC-023, 138 N.M. 126, 117 P.3d 932.

County having proper zoning ordinances may pass ordinances requiring building permits in areas outside of municipalities. 1969 Op. Att'y Gen. No. 69-74.

Law reviews. — 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).

Am. Jur. 2d, A.L.R. and C.J.S. references. — Enforcement of zoning regulation as affected by other violations, 4 A.L.R.4th 462.