2019 New Mexico Statutes
Chapter 3 - Municipalities
Article 21 - Zoning Regulations
Section 3-21-2 - Jurisdiction of a county or municipal zoning authority.
To carry out the purposes of Sections 3-21-1 through 3-21-14 NMSA 1978:
A. a county zoning authority may adopt a zoning ordinance applicable to all or any portion of the territory within the county that is not within the zoning jurisdiction of a municipality;
B. a municipal zoning authority may adopt a zoning ordinance applicable to the territory within the municipal boundaries and, if not within a class A county with a population of more than three hundred thousand persons according to the last federal decennial census, shall have concurrent authority with the county to zone all or any portion of the territory within its extraterritorial zoning jurisdiction that is within:
(1) two miles of the boundary of any municipality having a population of twenty thousand or more persons, provided such territory is not within the boundary of another municipality;
(2) one mile of the boundary of any municipality having a population of one thousand five hundred or more but less than twenty thousand persons, provided such territory is not within the boundaries of another municipality;
(3) the limits of the boundaries of a municipality having a population of one thousand five hundred persons or less; or
(4) territory not lying within the boundary of a municipality but within the extraterritorial jurisdiction of more than one municipality; provided that the extraterritorial zoning jurisdiction of each municipality shall terminate equidistant from the boundary of each municipality unless one municipality has a population according to the most recent federal decennial census of less than two thousand five hundred and another municipality has a population according to the most recent federal decennial census of more than two thousand five hundred, in which case the extraterritorial zoning jurisdiction of the municipality having the greatest population extends to such territory; and
(5) territory in addition to the extraterritorial zoning jurisdiction provided by Paragraphs (1), (2), (3) and (4) of this subsection that the governing bodies of a county and a municipality agree to place within the extraterritorial zoning jurisdiction of the municipality by agreement entered into pursuant to the provisions of the Joint Powers Agreements Act [11-1-1 to 11-1-7 NMSA 1978], provided such additional territory is not within the boundary of another municipality and is contiguous to the exterior boundaries of the territory within the extraterritorial zoning jurisdiction of the municipality;
C. concurrent authority shall be exercised pursuant to an extraterritorial zoning authority or joint powers agreement; provided, however, this authority may be exercised regardless of whether a county has enacted a comprehensive zoning ordinance; and
D. in the absence of a county zoning ordinance, a qualified elector may file a petition, signed by the qualified electors of the county equal in number to not less than twenty-five percent of the votes cast for the office of governor at the last preceding general election, seeking the adoption of a zoning ordinance by the county zoning authority. Within one year of the filing of the petition seeking the adoption of a county zoning ordinance, the board of county commissioners shall adopt a county zoning ordinance.
History: 1953 Comp., § 14-20-2, enacted by Laws 1965, ch. 300; 1966, ch. 64, § 7; 1977, ch. 80, § 1; 1991, ch. 32, § 1; 2003, ch. 438, § 4.
ANNOTATIONSThe 2003 amendment, effective July 1, 2003, in Subsection B, inserted "if not within a class A county with a population of more then three hundred thousand persons according to the last federal decennial census", deleted former Subsection B(1), concerning municipality having a population over two hundred thousand, and renumbered the remaining paragraphs; in present Subsection B(1), deleted "but less than two hundred thousand" preceding "persons", and inserted "provided that" in present Subsection B(4).
The 1991 amendment, effective July 1, 1991, in the introductory paragraph, substituted the present statutory citation for "14-20-1 through 14-20-12 NMSA 1953"; in Subsection B, in the introductory paragraph, substituted "shall have concurrent authority with the county to zone" for "may adopt and submit a zoning ordinance to an extraterritorial zoning commission appointed as provided in Section 14-20-2.2 NMSA 1953, which ordinance is applicable to", added Paragraph (5), and redesignated former Paragraph (5) as Paragraph (6); added Subsection C; redesignated former Subsection C as Subsection D; and made minor stylistic changes throughout the section.
Legislature delegated to counties statutory authority to zone. Cerrillos Gravel Products, Inc. v. Santa Fe Bd. of Cnty. Comm'rs, 2005-NMSC-023, 138 N.M. 126, 117 P.3d 932.
Power to revoke permit is necessarily implied from the power to approve a permit. Cerrillos Gravel Products, Inc. v. Santa Fe Bd. of Cnty. Comm'rs, 2005-NMSC-023, 138 N.M. 126, 117 P.3d 932.
Zoning of private land that was 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.
County having proper zoning ordinances may pass ordinances requiring building permits in areas outside of municipalities. 1969 Op. Att'y Gen. No. 69-74.
Annexation of special zoning district. — When all or a portion of a special zoning district is annexed by an incorporated municipality, the special zoning district loses all of its zoning jurisdiction over the annexed territory to the municipality. 1983 Op. Att'y Gen. No. 83-06.
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).
For article, "Water Supply and Urban Growth in New Mexico: Same Old, Same Old or a New Era," see 43 Nat. Resources J. 803 (2003).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Standing of municipal corporation or other governmental body to attack zoning of land lying outside its borders, 49 A.L.R.3d 1126.
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.
