2019 New Mexico Statutes
Chapter 47 - Property Law
Article 6 - County Subdivisions
Section 47-6-9 - Subdivision regulation; county authority.

A. The board of county commissioners of each county shall regulate subdivisions within the county's boundaries. In regulating subdivisions, the board of county commissioners of each county shall adopt regulations setting forth the county's requirements for:

(1) preliminary and final subdivision plats, including their content and format;

(2) quantifying the maximum annual water requirements of subdivisions, including water for indoor and outdoor domestic uses;

(3) assessing water availability to meet the maximum annual water requirements of subdivisions;

(4) water conservation measures;

(5) water of an acceptable quality for human consumption and for protecting the water supply from contamination;

(6) liquid waste disposal;

(7) solid waste disposal;

(8) legal access to each parcel;

(9) sufficient and adequate roads to each parcel, including ingress and egress for emergency vehicles;

(10) utility easements to each parcel;

(11) terrain management;

(12) phased development;

(13) protecting cultural properties, archaeological sites and unmarked burials, as required by the Cultural Properties Act [18-6-1 to 18-6-17 NMSA 1978];

(14) specific information to be contained in a subdivider's disclosure statement in addition to that required in Section 47-6-17 NMSA 1978;

(15) reasonable fees approximating the cost to the county of determining compliance with the New Mexico Subdivision Act and county subdivision regulations while passing upon subdivision plats;

(16) a summary procedure for reviewing certain type-three and all type-five subdivisions as provided in Section 47-6-11 NMSA 1978;

(17) recording all conveyances of parcels with the county clerk;

(18) financial security to assure the completion of all improvements that the subdivider proposes to build or to maintain;

(19) fencing subdivided land, where appropriate, in conformity with Section 77-16-1 NMSA 1978, which places the duty on the purchaser, lessee or other person acquiring an interest in the subdivided land to fence out livestock; and

(20) any other matter relating to subdivisions that the board of county commissioners feels is necessary to promote health, safety or the general welfare.

B. Subsection A of this section does not preempt the authority of any state agency to regulate or perform any activity that it is required or authorized by law to perform.

C. Nothing in the New Mexico Subdivision Act shall be construed to limit the authority of counties to adopt subdivision regulations with requirements that are more stringent than the requirements set forth in the New Mexico Subdivision Act, provided that:

(1) the county has adopted a comprehensive plan in accordance with Section 3-21-5 NMSA 1978;

(2) the comprehensive plan contains goals, objectives and policies that identify and explain the need for requirements that are more stringent; and

(3) the more stringent regulations are specifically identified in the comprehensive plan.

D. The board of county commissioners of a class A county with a population according to the most recent federal decennial census of greater than three hundred thousand may delegate the authority to review and approve preliminary plats and final plats to a county administrative officer or to the planning commission; provided that the delegation complies with the public hearing requirements contained in Section 47-6-14 NMSA 1978.

History: 1953 Comp., § 70-5-9, enacted by Laws 1973, ch. 348, § 9; 1981, ch. 148, § 3; 1995, ch. 212, § 9; 2003, ch. 322, § 1; 2005, ch. 139, § 2.

The 2005 amendment, effective June 17, 2005, added Subsection D to provide that the board of county commissioners of a class A county with a population greater that three hundred thousand may delegate authority to review and approve plats to an administrative officer or to the planning commission.

The 2003 amendment, effective June 20, 2003, deleted former Subsections C and D, concerning when counties shall adopt regulations pursuant to the section, and redesignated former Subsection E as present Subsection C; rewrote present Subsection C to create present Subsection C and Paragraph C(1) and added Paragraphs C(2) and C(3).

The 1995 amendment, effective July 1, 1996, rewrote the section to such an extent that a detailed comparison would be impracticable.

Formerly, board without power to regulate development. — Prior to enactment of the New Mexico Subdivision Act, the power to adopt, promulgate and enforce subdivision regulations had not been delegated to the board of county commissioners, and regulations which purported to empower it to order a phased development were utterly void. El Dorado at Santa Fe, Inc. v. Bd. of Cnty. Comm'rs, 1976-NMSC-029, 89 N.M. 313, 551 P.2d 1360.

Standards may be broad. — Standards adopted pursuant to the New Mexico Subdivision Act may be broad, general standards, so long as they are capable of reasonable application and are sufficient to limit and define the board's discretionary powers. Parker v. Bd. of Cnty. Comm'rs, 1979-NMSC-101, 93 N.M. 641, 603 P.2d 1098.

Effect of noncompliance with plat approval prerequisites. — Where the subdivider fails to meet the conditions he agreed to accomplish and which were required by the county as a prerequisite to plat approval, suspension or revocation of plat approval remain realities for the developer until the subdivider complies with the reasonable conditions imposed by the county within its authority. Parker v. Bd. of Cnty. Comm'rs, 1979-NMSC-101, 93 N.M. 641, 603 P.2d 1098.

When resubdivision must comply with current subdivision standards. — The later resubdivision or alteration of or amendment to pre-1973 subdivisions must comply with the new, current subdivision standards if such resubdivision activity substantially affects the new regulated areas of concern which are addressed by the new 1973 New Mexico Subdivision Act (i.e., sufficiency of water, quality of water, roads, etc.). 1982 Op. Att'y Gen. No. 82-11.

If proposed alterations to a pre-1973 subdivision involve a wholesale vacating of an entire platted area and subsequent transfer of those vacated lots into a previously unplatted area, such resubdivision efforts rise to the level of an entirely new subdivision which would require the subdivider to apply for subdivision approval under the 1973 New Mexico Subdivision Act as a "new" subdivision. 1982 Op. Att'y Gen. No. 82-11.

Duties of county commission relating to plat amendments. — If the county commission determines that amendments to a pre-1973 plat are merely minor adjustments of boundaries, the amendments fall within the scope of the 47-6-2 I(7) NMSA 1978 exemption from the 1973 definition of "subdivision" and no reevaluation under the 1973 New Mexico Subdivision Act is triggered. If the commission concludes, on the other hand, that the plat amendments constitute a major revision of the original subdivision, the 1973 standards apply. In either event, the county commission must examine the proposed amendments to the old plats to make such a determination. 1982 Op. Att'y Gen. No. 82-11.

Selective compliance with current regulations permitted. — The county commission may require compliance, on a selective basis, with only those current subdivision regulations and minimum standards that are, or may be, actually affected by a proposed resubdivision. 1982 Op. Att'y Gen. No. 82-11.

Law reviews. — For note, "Gabaldon v. Sanchez : New Developments in the Law of Nuisance, Negligence and Trespass," see 9 N.M.L. Rev. 367 (1979).

For article, "Access to Solar Energy: The Problem and its Current Status," see 22 Nat. Res. J. 21 (1982).

For note, "Definitional Loopholes Limit New Mexico Counties' Authority to Regulate Subdivisions," see 24 Nat. Res. J. 1083 (1984).

For article, "Rural Development Considerations for Growth Management," see 43 Nat. Res. J. 781 (2003).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 83 Am. Jur. 2d Zoning and Planning §§ 518 to 527, 531 to 534, 562 to 574.

Constitutionality, construction, and application of statutes regulating the subdivision or development of land for sale or lease in lots or parcels, 122 A.L.R. 501.

63 C.J.S. Municipal Corporations §§ 1049, 1051, 1061, 1064.