46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO LOCAL GOVERNMENTS; PROVIDING THAT COMPREHENSIVE PLANS BY ZONING AUTHORITIES SHALL BE A GUIDE FOR ADOPTING ZONING RULES AND NOT MANDATORY; PRESCRIBING ELEMENTS FOR COUNTY COMPREHENSIVE PLANS AND PROCEDURES FOR THE ADOPTION OF COUNTY COMPREHENSIVE PLANS; REQUIRING CERTAIN ELEMENTS IN COMPREHENSIVE PLANS FOR COUNTIES THAT ADOPT SUBDIVISION REGULATIONS MORE STRICT THAN THOSE IN THE NEW MEXICO SUBDIVISION ACT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. 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 with a comprehensive plan and] shall 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 the regulations and restrictions shall be guided by a comprehensive plan that shall be an advisory document only and not binding on the zoning authority. A county comprehensive plan shall be adopted pursuant to the procedures of Section 3-21-5.2 NMSA 1978 and contain the elements specified in Section 3-21-5.1 NMSA 1978.

[B.] C. The zoning authority in adopting regulations and restrictions shall 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 2. A new Section 3-21-5.1 NMSA 1978 is enacted to read:

"3-21-5.1. [NEW MATERIAL] COUNTY COMPREHENSIVE PLAN--ELEMENTS.--

A. A county comprehensive plan shall be based upon a planning horizon of twenty years and shall include the following:

(1) a land use element that meets the requirements of Subsection B of this section;

(2) a transportation element that meets the requirements of Subsection C of this section;

(3) a community facilities element that meets the requirements of Subsection D of this section;

(4) a public facilities element that meets the requirements of Subsection E of this section;

(5) an economic development element that meets the requirements of Subsection F of this section;

(6) a housing element that meets the requirements of Subsection G of this section; and

(7) an open space, recreation and natural resources element that meets the requirements of Subsection H of this section.

B. A land use element shall include:

(1) an analysis and mapping of existing land patterns and an inventory of the amount, type and intensity of uses by land category;

(2) an analysis of trends in the supply and demand of land by land use category, including a projection of the distribution, location and extent of future land uses by land use category over a twenty-year period;

(3) goals, objectives and policies that address maintaining a broad variety of land uses, including the range of uses existing in the county when the plan is adopted or amended; and

(4) specific actions and incentives that the county may use to promote planned development or otherwise encourage certain identified development patterns and the locations where such development patterns should be encouraged.

C. A transportation element shall include:

(1) description and assessment of the location, type, capacity and condition of existing transportation facilities, such as freeways, arterial and collector streets or other modes of transportation as may be appropriate;

(2) goals, objectives and policies for encouraging safe, convenient, efficient and economical transportation and a description of proposed levels of service and funding mechanisms; and

(3) a description and assessment of proposed location, type and capacity of proposed transportation facilities designed to implement transportation goals, objectives and policies and a description of funding mechanisms that will be used to fund proposed transportation improvements.

D. A community facilities element shall include:

(1) a description, mapping and assessment

of the type, capacity and condition, including deficiencies, of existing community facilities supporting existing land uses in the county;

(2) identification and mapping of community facilities that are necessary or desirable to support future land use patterns identified in the land use element;

(3) goals, objectives and policies for the distribution, location and efficient provision of community facilities, including a description of proposed levels of service; and

(4) a description of the actions that the county will take to implement the goals, objectives and policies of the community facilities element.

E. A public facilities element shall include:

(1) a description and assessment of the location, type, capacity and condition of existing public facilities and services, including emergency services, sewage, drainage, local utilities and other types of facilities;

(2) goals, objectives and policies for promoting the efficient provision of public services and facilities, including a description of proposed levels of service;

(3) a description and assessment of proposed facility expansion and improvements designed to support planned uses and implement public facility goals, objectives and policies;

(4) a capital improvements program that:

(a) identifies capital improvements needed to serve new development based on adopted levels of service standards;

(b) estimates costs of construction of capital improvements and the timing of construction, expansion or extension of the facilities; and

(c) describes proposed financing of capital improvements; and

(5) an analysis of the demand for water that will result from future growth projected in the plan, when added to existing uses, and how the demand for water that will result from future projected growth will be served by the water supplies or a plan to obtain additional necessary water supplies.

F. An economic development element shall include:

(1) a description of existing job composition and trends by industry and locational characteristics, such as access to transportation or proximity to natural or human resources, that influence the economic development potential of the county;

(2) goals, objectives and policies for promoting economic development; and

(3) a description of the actions that the county will take to implement economic development goals, objectives and policies.

G. A housing element shall include:

(1) an analysis of existing housing supply and demand and forecasted housing needs;

(2) goals, objectives and policies for the improvement of housing quality, variety and affordability and for provision of adequate sites for housing and housing opportunities for all segments of the community; and

(3) a description of the actions that will be taken to implement housing goals, objectives and policies.

H. An open space, recreation and natural resource element shall include:

(1) an inventory and description of existing open space areas and recreational resources and an analysis of forecasted open space and recreational needs;

(2) goals, objectives and policies for promoting integrated open space and recreational resources and policies for managing and protecting open space areas and resources;

(3) a description of the actions that will be taken to implement open space and recreational goals, objectives and policies; and

(4) an analysis of any anticipated effects of comprehensive plan elements on air quality, water quality or natural resources."

Section 3. A new Section 3-21-5.2 NMSA 1978 is enacted to read:

"3-21-5.2. [NEW MATERIAL] COUNTY COMPREHENSIVE PLAN--PROCEDURES FOR ADOPTION AND AMENDMENT.--

A. The board of county commissioners shall establish, by ordinance, procedures for public participation in the preparation of the comprehensive plan that are designed to provide maximum opportunity for oral and written comments by the public on drafts of proposed plan elements, the proposed plan as a whole or any proposed amendment to an adopted plan.

B. Following preparation of a proposed comprehensive plan, or any proposed amendment to an adopted plan, the board of county commissioners shall hold at least two public hearings on the proposed comprehensive plan or amendment.

C. Notice of a public hearing on a proposed comprehensive plan or a proposed amendment to an adopted plan shall be by publication in a newspaper having general circulation within the county at least thirty days prior to the date of the hearing and shall include:

(1) the date, time and place of the public hearing;

(2) a description of the substance of the proposed plan or proposed amendment; and

(3) the location where the public may obtain copies of the proposed plan or amendment.

D. Following the close of the public hearing, and after consideration of all oral and written comments, the board of county commissioners may by a two-thirds' vote of the elected members of the board adopt a resolution approving the comprehensive plan or amendment, with such revisions from the proposed plan or amendment as it deems appropriate."

Section 4. Section 1. Section 47-6-9 NMSA 1978 (being Laws 1973, Chapter 348, Section 9, as amended) is amended to read:

"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;

(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. [The following counties shall adopt regulations pursuant to this section on or before July 1, 1996: Bernalillo, Dona Ana and Santa Fe.

D. All remaining counties shall adopt regulations pursuant to this section on or before July 1, 1997.

E.] 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] 3-21-5.2 NMSA 1978 [and those regulations are consistent with such plan];

(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 as the minimum regulations necessary to implement the goals, objectives and policies of the comprehensive plan."