45th legislature - STATE OF NEW MEXICO - first session, 2001
RELATING TO LAND USE; REQUIRING LAND USE DECISIONS TO BE CONSISTENT WITH COMPREHENSIVE PLANS; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 3-19-1 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-18-1) is amended to read:
"3-19-1. CREATION OF PLANNING COMMISSION.--A municipality is a planning authority and may, by ordinance:
A. establish a planning commission;
B. delegate to the planning commission:
(1) the power, authority, jurisdiction and duty to enforce and carry out the provisions of law relating to planning, platting and zoning; and
(2) other power, authority, jurisdiction and
duty incidental and necessary to carry out the purpose of
[Sections 14-18-1 through 14-18-12 New Mexico Statutes
Annotated, 1953 Compilation] Chapter 3, Article 19 NMSA 1978;
C. retain to the governing body as much of this power, authority, jurisdiction and duty as it desires; and
D. adopt, amend, extend and carry out a [general
municipal or master] comprehensive plan, which may be referred
to as the comprehensive plan, general plan or master plan."
Section 2. Section 3-19-8 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-18-8, as amended) is amended to read:
"3-19-8. APPEAL.--
A. Any person in interest dissatisfied with an order or determination of the planning commission, after review of the order or determination by the governing body of the municipality, may commence an appeal in the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
B. If the district court determines that an order or determination is inconsistent with the municipality's comprehensive plan, the order or determination is void."
Section 3. Section 3-19-9 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-18-9, as amended) is amended to read:
"3-19-9. [MASTER] COMPREHENSIVE PLAN--PURPOSES.--
A. The planning commission shall prepare and adopt
a [master] comprehensive plan for the physical development of
the municipality and the area within the planning and platting
jurisdiction of the municipality [which] that in the planning
commission's judgment bears a relationship to the planning of
the municipality. [The planning commission may amend, extend
or add to the plan or carry any part or subject matter into
greater detail.] In preparing the [master] comprehensive
plan, the planning commission shall make careful and
comprehensive surveys and studies of existing conditions and
probable future growth of the municipality and its environs.
The comprehensive plan shall be made [with the general purpose
of guiding and accomplishing] to guide and accomplish a
coordinated, adjusted and harmonious development of the
municipality [which] that will, in accordance with existing
and future needs, best promote health, safety, morals, order,
convenience, prosperity or the general welfare as well as
efficiency and economy in the process of development.
B. Among other things, the [master] comprehensive
plan with accompanying maps, plats and charts and descriptive
and explanatory matter [and recommendations of the planning
commission] for the physical development of the municipality
and for its planning jurisdiction may include:
(1) the general location, character and extent of streets, bridges, viaducts and parkways, parks and playgrounds, floodways, waterways and waterfront development, airports and other ways, grounds, places and spaces;
(2) the general location of public schools, public buildings and other public property;
(3) the general location and extent of public utilities and terminals, whether publicly or privately owned;
(4) the general location, character, layout and extent of community centers and neighborhood units and the replanning of blighted districts and slum areas; and
(5) the acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment or change of use of any of the foregoing public ways, grounds, places, spaces, buildings, properties, utilities or terminals.
C. The planning commission shall submit the comprehensive plan to the governing body for adoption by ordinance. The governing body may amend the proposed ordinance in the same manner as other proposed ordinances are amended. When adopted as an ordinance, the comprehensive plan shall govern all land use decisions of the municipality.
[C.] D. Copies of the master plan shall be
available at the office of the municipal clerk and may be
purchased at a reasonable price."
Section 4. Section 3-19-10 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-18-10) is amended to read:
"3-19-10. ADOPTION OF A [MASTER] COMPREHENSIVE PLAN.--
A. The [planning commission] governing body may
adopt:
(1) the [master] comprehensive plan by a
single [resolution] ordinance; or
(2) part of the [master] comprehensive plan
as work progresses on the [master] comprehensive plan;
provided the part corresponds with one of the functional
subdivisions of the subject matter of the plan.
B. Before adoption of the [master] comprehensive
plan or any part thereof, the [planning commission] governing
body shall hold at least one public hearing. Notice of the
time and place of the hearing shall be published [one time at
least fifteen days before the day of the hearing] as required
in Section 3-17-3 NMSA 1978. Prior to the publication of the
notice, copies of the [master] comprehensive plan shall be
made available [to any citizen] in the office of the municipal
clerk.
[B.] C. Adoption of the [master] comprehensive
plan or any part, amendment or addition to the [master]
comprehensive plan shall be by [a resolution approved by a
majority of the members of the planning commission] ordinance.
The [resolution] ordinance shall refer expressly to the maps,
descriptive matter and other matters [which] that the
[planning commission] governing body intends to form a part or
the whole of the [master] comprehensive plan. [The action
taken by the planning commission shall be recorded on the
master plan or the part of the plan and shall be endorsed by
the chairman and the secretary of the planning commission. A
certified copy of the master plan or any part thereof approved
by the planning commission shall be given to the governing
body of the municipality.]"
Section 5. Section 3-19-11 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-18-11, as amended) is amended to read:
"3-19-11. LEGAL STATUS OF [MASTER] COMPREHENSIVE PLAN.--
A. After a [master] comprehensive plan or any part
[thereof] of the plan has been approved and within the area of
the [master] comprehensive plan or any part [thereof] of the
plan so approved, the approval of the planning commission is
necessary to construct, authorize, accept, widen, narrow,
remove, extend, relocate, vacate, abandon, acquire or change
the use of any:
(1) park, street or other public way, ground, place or space;
(2) public building or structure; or
(3) utility, whether publicly or privately owned.
B. The failure of the planning commission to act
within sixty-five days after the submission of a proposal to
it constitutes approval of the proposal unless the proponent
agrees to an extension of time. [If the planning commission
disapproves a proposal, it must state its reasons to the
governing body.] The planning commission shall state the
reasons for its decision and how the decision is consistent
with the comprehensive plan. The governing body may overrule
the planning commission [and approve the proposal] by a [two-thirds] two-thirds' vote of all its members. The governing
body shall state the reasons for its decision and how its
decision is consistent with the comprehensive plan.
C. None of the provisions of Chapter 3, Article 19
NMSA 1978 shall apply to any existing building, structure,
plant or other equipment owned or used by [any] a public
utility or the right to its continued use or its reasonable
repair or alteration for the purpose for which it was used at
the time the [master] comprehensive plan or any part [thereof]
of the plan affecting the property takes effect. After the
adoption of the [master] comprehensive plan or any part
[thereof] of the plan affecting the property, all extensions,
betterments or additions to buildings, structures, plants or
other equipment of [any] a public utility shall be made [in
conformity] consistent with the [master] comprehensive plan or
[any] part [thereof] of the plan affecting the property, and
upon the approval of the planning commission. After a public
hearing, the [state corporation commission or the New Mexico
public utility commission or the regulatory agency having
jurisdiction or their successors having jurisdiction, as the
case may be] public regulation commission may order that the
extensions, betterments or additions to buildings, structures,
plants or other equipment are reasonable and that the
extensions, betterments or additions may be made [even though
they conflict with the adopted master plan or any part thereof
affecting the property].
D. [Any] A public agency or official, not under
the jurisdiction of the governing body of the municipality,
authorizing or financing a public way, ground, place, space,
building, structure or utility shall submit the proposal to
the planning commission. If the planning commission
disapproves the proposal, the board of the public agency by a
[two-thirds] two-thirds' vote of all its members or the
official may overrule the planning commission and proceed with
the proposal [subject to the provisions of Subsection C of
this section]."
Section 6. A new section of Chapter 3, Article 19 NMSA 1978 is enacted to read:
"[NEW MATERIAL] CONSISTENCY REQUIRED.--
A. Beginning January 1, 2003, any program, regulation or land use action that affects land use shall be consistent with the comprehensive plan, including:
(1) annexation procedures;
(2) subdivision regulations;
(3) zoning regulations;
(4) manufactured housing and zoning;
(5) historic districts and landmarks;
(6) planning and platting;
(7) local economic development;
(8) development fees;
(9) infrastructure capital improvement plans;
(10) public works expenditures;
(11) development agreements;
(12) transfer of development rights programs;
(13) community plans, neighborhood plans and sector plans; and
(14) any other ordinance, plan or regulation of the municipality that relates to land use.
B. As used in this section, "land use action" means preliminary or final approval of a subdivision plat; approval of a site plan; approval of a planned unit development; approval of a conditional use; granting of a variance; a decision by the municipality to construct a capital improvement or to acquire land for community facilities, including transportation facilities; and any other action that may affect land use.
C. A land development regulation existing at the time of adoption or amendment of the comprehensive plan that is inconsistent with the comprehensive plan shall be amended to be consistent no later than six months after adoption or amendment of the comprehensive plan.
D. A land development regulation, a proposed amendment to an existing land development regulation or a proposed land use action is consistent with the comprehensive plan if the regulation, amendment or action:
(1) furthers the goals and policies contained in the comprehensive plan;
(2) is compatible with the proposed future land uses and densities and intensities of use contained in the comprehensive plan; or
(3) carries out, as applicable, specific proposals for community facilities, including transportation facilities, that are contained in the comprehensive plan.
E. In determining whether a land development regulation, a proposed amendment to an existing land development regulation or a proposed land use action meets the requirements of Subsection C of this section, the planning commission may take into account any relevant guidelines contained in the comprehensive plan.
F. If the planning commission determines that a land development regulation, a proposed amendment to an existing land development regulation or a proposed land use action is not consistent with the comprehensive plan, it:
(1) shall state in a written report to the governing body what changes or revisions are necessary to make it consistent; and
(2) may state in the written report what amendments to the comprehensive plan are necessary to eliminate an inconsistency.
G. The governing body shall:
(1) adopt the report;
(2) reject the report; or
(3) adopt the report in part and reject the report in part.
H. If the governing body rejects the report in whole or in part, it shall adopt changes to the comprehensive plan or instruct the planning commission to make changes to the land development regulation, proposed amendment to the existing land development regulation or proposed land use action to ensure consistency."
Section 7. Section 3-21-5 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-20-3, as amended) is amended to read:
"3-21-5. ZONING--CONFORMANCE TO COMPREHENSIVE PLAN.--
A. The regulations and restrictions of the county
or municipal zoning authority are to be [in accordance]
consistent with a comprehensive plan and be designed to:
(1) lessen congestion in the streets and public ways;
(2) secure safety from fire, flood waters, panic and other dangers;
(3) promote health and the general welfare;
(4) provide adequate light and air;
(5) prevent the overcrowding of land;
(6) avoid undue concentration of population;
(7) facilitate adequate provision for transportation, water, sewerage, schools, parks and other public requirements; and
(8) control and abate the unsightly use of buildings or land.
B. The zoning authority in adopting regulations and restrictions shall comply with the comprehensive plan and give reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses and to conserving the value of buildings and land and encouraging the most appropriate use of land throughout its jurisdiction."
Section 8. Section 3-21-8 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-20-6, as amended) is amended to read:
"3-21-8. APPEALS TO ZONING AUTHORITY--GROUNDS--STAY OF PROCEEDINGS.--
A. The zoning authority shall provide by
[resolution] ordinance the procedure to be followed in
considering appeals allowed by this section.
B. [Any] An aggrieved person or any officer,
department, board or bureau of the zoning authority affected
by a decision of an administrative officer, commission or
committee in the enforcement of Sections 3-21-1 through
3-21-14 NMSA 1978 or ordinance, resolution, rule or regulation
adopted pursuant to these sections may appeal to the zoning
authority. An appeal shall stay all proceedings in
furtherance of the action appealed unless the officer,
commission or committee from whom the appeal is taken
certifies that by reason of facts stated in the certificate, a
stay would cause imminent peril of life or property. Upon
certification, the proceedings shall not be stayed except by
order of district court after notice to the official,
commission or committee from whom the appeal is taken and on
due cause shown.
C. When an appeal alleges that there is error in any order, requirement, decision or determination by an administrative official, commission or committee in the enforcement of Sections 3-21-1 through 3-21-14 NMSA 1978 or any ordinance, resolution, rule or regulation adopted pursuant to these sections, the zoning authority by a majority vote of all its members may, consistent with the municipal or county comprehensive plan:
(1) authorize, in appropriate cases and subject to appropriate conditions and safeguards variances from the terms of the zoning ordinance or resolution:
(a) [which] that are not contrary to
the public interest;
(b) where, owing to special conditions,
a literal enforcement of the zoning ordinance [will] would
result in unnecessary hardship; and
(c) so that the spirit of the zoning ordinance is observed and substantial justice done; or
(2) in conformity with Sections 3-21-1 through 3-21-14 NMSA 1978:
(a) reverse any order, requirement, decision or determination of an administrative official, commission or committee;
(b) decide in favor of the appellant; or
(c) make any change in any order, requirement, decision or determination of an administrative official, commission or committee."
Section 9. Section 3-21-9 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-20-7, as amended) is amended to read:
"3-21-9. ZONING--APPEAL.--
A. A person aggrieved by a decision of the zoning authority or any officer, department, board or bureau of the zoning authority may appeal the decision pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
B. If the district court determines that a decision of the zoning authority or an officer, department, board or bureau of the zoning authority is inconsistent with the municipal or county comprehensive plan, the decision is void."
Section 10. A new section of Chapter 4, Article 57 NMSA 1978 is enacted to read:
"[NEW MATERIAL] COMPREHENSIVE PLAN--CONSISTENCY REQUIRED.--
A. A county may, by ordinance, adopt, amend, extend and carry out a comprehensive plan, which may be referred to as the comprehensive plan, general plan or master plan.
B. Beginning January 1, 2003, any program, regulation or land use action that affects land use shall be consistent with the comprehensive plan, including:
(1) annexation procedures;
(2) subdivision regulations;
(3) zoning regulations;
(4) manufactured housing and zoning;
(5) historic districts and landmarks;
(6) planning and platting;
(7) local economic development;
(8) development fees;
(9) infrastructure capital improvement plans;
(10) public works expenditures;
(11) development agreements;
(12) transfer of development rights programs;
(13) community plans, neighborhood plans and sector plans; and
(14) any other ordinance, plan or regulation of the county that relates to land use.
C. As used in this section, "land use action" means preliminary or final approval of a subdivision plat; approval of a site plan; approval of a planned unit development; approval of a conditional use; granting of a variance; a decision by the county to construct a capital improvement or to acquire land for community facilities, including transportation facilities; and any other action that may affect land use.
D. A land development regulation existing at the time of adoption or amendment of the comprehensive plan that is inconsistent with the comprehensive plan shall be amended to be consistent no later than six months after adoption or amendment of the comprehensive plan.
E. A land development regulation, a proposed amendment to an existing land development regulation or a proposed land use action is consistent with the comprehensive plan if the regulation, amendment or action:
(1) furthers the goals and policies contained in the comprehensive plan;
(2) is compatible with the proposed future land uses and densities and intensities of use contained in the comprehensive plan; or
(3) carries out, as applicable, specific proposals for community facilities, including transportation facilities, that are contained in the comprehensive plan.
F. In determining whether a land development regulation, a proposed amendment to an existing land development regulation or a proposed land use action meets the requirements of Subsection D of this section, the planning commission may take into account any relevant guidelines contained in the comprehensive plan.
G. If the planning commission determines that a land development regulation, a proposed amendment to an existing land development regulation or a proposed land use action is not consistent with the comprehensive plan, it:
(1) shall state in a written report to the governing body what changes or revisions are necessary to make it consistent; and
(2) may state in the written report what amendments to the comprehensive plan are necessary to eliminate an inconsistency.
H. The governing body shall:
(1) adopt the report;
(2) reject the report; or
(3) adopt the report in part and reject the report in part.
I. If the governing body rejects the report in whole or in part, it shall adopt changes to the comprehensive plan or instruct the planning commission to make changes to the land development regulation, proposed amendment to the existing land development regulation or proposed land use action to ensure consistency."
Section 11. APPROPRIATION.--
A. Three million dollars ($3,000,000) is appropriated from the general fund to the local government division of the department of finance and administration for expenditure in fiscal years 2002 through 2004 to provide grants to counties and municipalities to:
(1) develop comprehensive plans and revise regulations to comply with the comprehensive plans;
(2) revise regulations to comply with existing comprehensive plans; and
(3) provide grants for infrastructure needs related to the comprehensive plans.
B. This appropriation shall be expended based on application to and approval by the New Mexico community development council.
C. Any unexpended or unencumbered balance remaining at the end of fiscal year 2004 shall revert to the general fund.
Section 12. REPEAL.--Section 3-19-12 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-18-12) is repealed.
Section 13. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.