2019 New Mexico Statutes
Chapter 3 - Municipalities
Article 21 - Zoning Regulations
Section 3-21-14 - Adoption of county zoning ordinances.

A. Ordinances authorized under Section 3-21-13 NMSA 1978 may be proposed by any member of the board of county commissioners but shall not be submitted to the board for final passage until after publication.

B. A majority of the board members may order publication of the title and a general summary of a proposed ordinance in a newspaper of general circulation in the county at least once a week for two consecutive weeks prior to the date of the meeting of the board at which the ordinance is to be submitted for final passage. The date of the meeting shall be included in the published notice. The style and form of the ordinance shall be determined by the board.

C. A proposed ordinance shall be passed only by a majority vote of all the members of the board of county commissioners, and an existing ordinance shall be repealed by the same vote.

D. The original copy of the ordinance together with the proof of publication and supporting maps shall be filed in a book kept for that purpose and authenticated by the signature of the county clerk. The county clerk shall keep the book together with supporting maps in his office. The title and a general summary of the ordinance shall be published in a newspaper of general circulation in the county once each week for two consecutive weeks, the last date of publication being not less than fifteen nor more than thirty days prior to the effective date of the ordinance. No ordinance shall take effect until at least fifteen days after the last date of publication. It is a sufficient defense to any prosecution for violation of an ordinance to show that no publication was made. Copies of the proposed ordinance shall be made available to interested persons during normal and regular business hours of the county clerk upon request and payment of a reasonable charge, beginning with the date of publication and continuing to the date of consideration by the board of county commissioners.

E. Whenever the book of ordinances is introduced as evidence, the Rules of Civil Procedure shall govern.

History: 1953 Comp., § 14-20-12, enacted by Laws 1965, ch. 300; 1981, ch. 218, § 1.

Failure to publish as required invalidated ordinance. — Since provisions respecting the publication of ordinances were mandatory, county failed to adopt a valid zoning ordinance because it did not publish a proposed ordinance as required by Subsections A and B of this section and did not publish the text of the ordinance as required by Subsection D of this section. Hopper v. Board of Cnty. Comm'rs, 1973-NMCA-005, 84 N.M. 604, 506 P.2d 348, cert. denied, 84 N.M. 592, 506 P.2d 336.

"General summary" requirements. — The "general summary" required by Subsection B need only inform the public generally, without specific conditions or any particular detail; it is incumbent upon the public to exercise diligence to apprehend what might be included in the ordinance and to take appropriate action to educate itself. Miles v. Board of Cnty. Comm'rs, 1998-NMCA-118, 125 N.M. 608, 964 P.2d 169, cert. denied, 126 N.M. 107, 967 P.2d 447.

Applicability of notice provisions. — The appropriate notice for a new, comprehensive zoning ordinance that distributes its impact over an entire community is notice by publication, as set forth in this section, rather than the individualized notice set forth in 3-21-6 NMSA 1978. Miles v. Board of Cnty. Comm'rs, 1998-NMCA-118, 125 N.M. 608, 964 P.2d 169, cert. denied, 126 N.M. 107, 967 P.2d 447.

Subsection C expressly denies exercise of zoning power by referendum; a county is precluded from claiming the power to zone by referendum because Subsection C expressly provides for zoning by representative bodies. Westgate Families v. County Clerk, 1983-NMSC-061, 100 N.M. 146, 667 P.2d 453.

Zoning of private land previously federally held. — A county may not adopt a comprehensive zoning ordinance that specifically excludes federally owned land, then later apply the ordinance to private land that was federally owned at the time the ordinance was passed; to zone such land, the county must comply with the notice requirements of 3-21-6 NMSA 1978. Bonito Land & Livestock v. Valencia Cnty. Bd. of Comm'rs, 1998-NMCA-127, 125 N.M. 638, 964 P.2d 199.