2020 New Mexico Statutes
Chapter 4 - Counties
Article 37 - County Ordinances
Section 4-37-2 - Areas in which county ordinances are effective.
County ordinances are effective within the boundaries of the county, including privately owned land or land owned by the United States. However, ordinances are not effective within the limits of any incorporated municipality; provided that an ordinance adopted by a county pursuant to the Solar Energy Improvement Special Assessment Act shall be effective within the limits of an incorporated municipality if the municipality adopts an ordinance approving the application of the county's ordinance within the incorporated municipality.
History: 1953 Comp., § 15-36A-2, enacted by Laws 1975, ch. 312, § 2; 2019, ch. 110, § 1.
ANNOTATIONSCross references. — For municipal ordinances, see 3-17-1 NMSA 1978 et seq.
For zoning regulations, see 3-21-1 NMSA 1978 et seq.
The 2019 amendment, effective June 14, 2019, provided that ordinances adopted by a county pursuant to the Solar Energy Improvement Special Assessment Act are effective within the limits of an incorporated municipality if the municipality adopts an ordinance approving the application of the county's ordinance within the incorporated municipality; after "not effective within the limits of any incorporated municipality", added the remainder of the section.
County traffic ordinance. — Provision of a county traffic ordinance that "It is unlawful for any person who is under the influence of intoxicating liquor to drive any vehicle within this state" was clearly antagonistic with the jurisdictional limit placed on county ordinances in this section. Board of Comm'rs v. Greacen, 2000-NMSC-016, 129 N.M. 177, 3 P.3d 672.
Municipality not exempt from regulations of air quality control board. — This section does not exempt a municipality from regulations adopted by the Albuquerque-Bernalillo county air quality control board, which has the authority to adopt regulations to prevent or abate air pollution in Bernalillo county. 1982 Op. Att'y Gen. No. 82-07.
Am. Jur. 2d, A.L.R. and C.J.S. references. — "Radius," meaning of term employed in contract, statute or ordinance as descriptive of area, location or distance, 10 A.L.R.2d 605.
