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F I S C A L I M P A C T R E P O R T

SPONSOR Lundstrom

ORIGINAL DATE

LAST UPDATED

2/23/07

HB HJM 44

SHORT TITLE Extraterritorial Zoning Task Force

SB

ANALYST Wilson

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Department of Finance & Administration (DFA)

Environment Department (ED)

Public Education Department (PED)

SUMMARY

Synopsis of Bill

House Joint Memorial 44 asks the New Mexico Association of Counties and the New Mexico

Municipal League to form an Extraterritorial Task Force to study the laws governing planning,

zoning, annexation and land development in the exterritorial zones and make recommendations

to the Governor and legislature by November 1, 2007.

FISCAL IMPLICATIONS

There is no fiscal impact in this memorial.

SIGNIFICANT ISSUES

HJM-44 requests that the NM Municipal League and the NM Association of Counties appoint

four persons each to an Extraterritorial Task Force, to address land use related issues affecting

the areas immediately surrounding the corporate limits of New Mexico municipalities. The

memorial also asks that reform recommendations be brought to the governor and legislature by

November 1, 2007.

House Joint Memorials 44 – Page

2

Laws setting up the framework for guiding growth in the areas immediately surrounding the

corporate limits of New Mexico municipalities have not been reviewed in many years. This is

despite the fact that much of New Mexico's growth has been at this nexus of local governments,

that is, where the more urbanized municipalities meet the more rural county areas. For people

living in these extraterritorial zones there is much confusion as to which level of government and

what standards the governments set prevail. Increasing demands for more urban levels of

services -- streets, water, wastewater, recycling, solid waste, internet, and libraries, to name a

few -- conflict with both the desire for a rural lifestyle and the inability of county governments to

budget and pay for these services.

PED states that many school districts are struggling to meet the current adequacy standards due

to limited resources. At times it is merely impossible to fund things above adequacy such as

performing arts centers, auxiliary gymnasiums, etc. These are types of facilities that could be

jointly used by local communities and school districts. These types of facilities could be a reality

in many communities with sufficient planning and cooperation. Cost sharing may result in a

more prudent use of local and state funds as well as utilization of space. This memorial may be a

step in guiding these entities towards this direction.

PED also notes that pursuant to 22-4-17 NMSA 1978, local school districts can provide for

annexation of certain areas whenever it becomes feasible for students in one district to attend

school in another district. The proposed annexation must be adopted by resolution and approved

by the PED. There may be several implications as a result of any type of annexation of school

districts. It may be a suggestion to include other entities, such as school districts, in the task

force that may be affected by any of the recommendations that come out of this study.

ED works on permitting processes for wastewater treatment plants, landfills and other facilities

that the public and even local governments consider cumulative impacts on the health and

environment of the local community. ED has no authority to regulate land use or planning and

zoning issues in its permitting matters. Planning and zoning at the local level will help the ED

in its permitting matters because it will enable local governments to plan for the best use of its

land and placement of industrial and government services in establishing mechanisms for growth

management. Otherwise, sprawl and encroachment will continue to occur.

ADMINISTRATIVE IMPLICATIONS

The memorial calls for the task force to be staffed by the Local Government Division, which has

ample experience in such assignments and can handle this memorial with existing staff.

OTHER SUBSTANTIVE ISSUES

Per the Querencia, January 2007, a second report of the Our Communities, Our Future Task

Force, New Mexico’s zoning laws are antiquated and need revision to give local governments

more flexibility and creativity in the development of livable communities for the future. The

Task Force, whose membership includes the executive directors of the NM Association of

Counties and the NM Municipal League, endorses the convening of these two organizations to

form an extraterritorial planning task force to review and recommend changes to the laws

governing planning, zoning, annexation and the development of laws in the extraterritorial zone.

DW/mt