45th legislature - STATE OF NEW MEXICO - first session, 2001
RELATING TO LAND USE; ALLOWING LOCAL GOVERNMENTS TO PROVIDE FOR TRANSFER OF DEVELOPMENT RIGHTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. A new section of Chapter 3, Article 19 NMSA 1978 is enacted to read:
"[NEW MATERIAL] TRANSFER OF DEVELOPMENT RIGHTS PROGRAM.--
A. A municipality may include a transfer of development rights program as part of its adopted master plan. A municipality may enter into a joint powers agreement with another municipality or county that has a transfer of development rights program to allow the transfer of development rights across jurisdictional boundaries.
B. As used in this section:
(1) "development right" means the right of a property owner, pursuant to the master plan, to place a parcel of land, including structures, to a particular use or to develop land and structures to a particular density or intensity of use, bulk or height;
(2) "transfer of development rights" means the procedure whereby the owner of a parcel of land conveys his development rights to the owner of a parcel of land in another geographical or zoning area and thereby extinguishes the development rights on the sending parcel through a conservation easement filed with the county clerk that has the sending parcel as the encumbered estate and the municipality as the holder of the conservation easement; and
(3) "transfer of development rights program" means a program in which rights to develop land may be transferred from one geographical or zoning area to another as specified in the master plan and on zoning maps of the municipality."
Section 2. A new section of Chapter 4, Article 57 NMSA 1978 is enacted to read:
"[NEW MATERIAL] TRANSFER OF DEVELOPMENT RIGHTS PROGRAM.--
A. A county may include a transfer of development rights program as part of its adopted master plan. A county may enter into a joint powers agreement with another municipality or county that has a transfer of development rights program to allow the transfer of development rights across jurisdictional boundaries.
B. As used in this section:
(1) "development right" means the right of a property owner, pursuant to the master plan, to place a parcel of land, including structures, to a particular use or to develop land and structures to a particular density or intensity of use, bulk or height;
(2) "transfer of development rights" means the procedure whereby the owner of a parcel of land conveys his development rights to the owner of a parcel of land in another geographical or zoning area and thereby extinguishes the development rights on the sending parcel through a conservation easement filed with the county clerk that has the sending parcel as the encumbered estate and the county as the holder of the conservation easement; and
(3) "transfer of development rights program" means a program in which rights to develop land may be transferred from one geographical or zoning area to another as specified in the master plan and on zoning maps of the county."