0001| AN ACT | 0002| RELATING TO LAND USE; PROVIDING FOR METHODS OF ANNEXATION, ZONING, | 0003| SUBDIVISION, PLANNING AND PLATTING IN EXTRATERRITORIAL ZONES OF | 0004| CERTAIN MUNICIPALITIES AND COUNTIES; CREATING AN EXTRATERRITORIAL LAND | 0005| USE COMMISSION AND AUTHORITY; PROVIDING POWERS AND DUTIES; AMENDING | 0006| AND ENACTING SECTIONS OF THE NMSA 1978. | 0007| | 0008| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0009| Section 1. A new Section 3-7-17.1 NMSA 1978 is enacted to read: | 0010| "3-7-17.1. ANNEXATION--CERTAIN MUNICIPALITY IN CLASS A COUNTY-- | 0011| PROCEDURES--LIMITATIONS.-- | 0012| A. A petition that seeks the annexation of territory | 0013| contiguous to a municipality having a population over two hundred | 0014| thousand persons located in a class A county shall be presented to the | 0015| city council and be: | 0016| (1) signed by the owners of a majority of the number | 0017| of acres in the contiguous territory; and | 0018| (2) accompanied by a map that shows the external | 0019| boundary of the territory proposed to be annexed and the relationship | 0020| of the territory proposed to be annexed to the existing boundary of | 0021| the municipality. | 0022| B. The city council shall submit the petition to the board | 0023| of county commissioners of the county in which the municipality is | 0024| located for its review and comment. The comments shall be submitted | 0025| to the city council within thirty days of receipt. | 0001| C. The city council shall by ordinance approve or | 0002| disapprove the annexation of the territory unless the petition for | 0003| annexation is not signed by a majority of the owners of land in the | 0004| county territory proposed to be annexed. | 0005| D. If the petition for annexation is not signed by a | 0006| majority of the owners of land proposed to be annexed, the question of | 0007| the approval or disapproval of the annexation of the land shall be | 0008| submitted to the extraterritorial land use authority for its approval | 0009| or disapproval. If the extraterritorial land use authority approves | 0010| the annexation, the city council may approve the annexation. | 0011| E. When the nonconsenting property owners' properties are | 0012| entirely surrounded by consenting property owners, the city council | 0013| may approve the annexation without approval or disapproval of the | 0014| extraterritorial land use authority. | 0015| F. In considering an annexation pursuant to the petition | 0016| method provided in this section, the city council shall consider the | 0017| impact of the annexation on existing county contracts and provisions | 0018| of services such as fire protection, solid waste collection or water | 0019| and sewer service and may make agreements with the county to continue | 0020| such services if it is in the interest of the county, the residents of | 0021| the proposed annexed area or the municipality. | 0022| G. A municipality having a population over two hundred | 0023| thousand persons and located in a class A county shall not force a | 0024| resident or business located in the unincorporated area of the county | 0025| to agree to annexation as a condition of extending sewer and water | 0001| service to that person or business, if that sewer or water service | 0002| extension is paid for all or in part by federal, state or county | 0003| money. The municipality may make agreement to annexation a condition | 0004| of extending sewer and water service if the extension of the service | 0005| is paid for entirely with municipal money." | 0006| Section 2. Section 3-19-5 NMSA 1978 (being Laws 1965, Chapter | 0007| 300, Section 14-18-5, as amended) is amended to read: | 0008| "3-19-5. PLANNING AND PLATTING JURISDICTION.-- | 0009| A. Each municipality shall have planning and platting | 0010| jurisdiction within its municipal boundary. The planning and platting | 0011| jurisdiction of a municipality: | 0012| (1) having a population of twenty-five thousand to | 0013| two hundred thousand persons includes all territory within five miles | 0014| of its boundary and not within the boundary of another municipality; | 0015| or | 0016| (2) having a population of less than twenty-five | 0017| thousand persons includes all territory within three miles of its | 0018| boundary and not within the boundary of another municipality. | 0019| B. A municipality having a population over two hundred | 0020| thousand persons located in a class A county shall have planning and | 0021| platting jurisdiction within five miles of the boundary of the | 0022| municipality shared with the county and not within the boundary of | 0023| another municipality through the extraterritorial land use commission | 0024| that shall make recommendations to the extraterritorial land use | 0025| authority. | 0001| C. If territory not lying within the boundary of a | 0002| municipality is within the planning and platting jurisdiction of more | 0003| than one municipality, the planning and platting jurisdiction of each | 0004| municipality shall terminate equidistant from the boundary of each | 0005| municipality unless one municipality has a population of less than two | 0006| thousand five hundred persons and another municipality has a | 0007| population of more than two thousand five hundred persons according to | 0008| the most recent census. Then the planning and platting jurisdiction | 0009| of the municipality having the greatest population extends to such | 0010| territory." | 0011| Section 3. Section 3-20-5 NMSA 1978 (being Laws 1965, Chapter | 0012| 300, Section 14-19-5, as amended) is amended to read: | 0013| "3-20-5. COUNTY AND MUNICIPAL JURISDICTION OVER | 0014| SUBDIVISION--CONCURRENT JURISDICTION--ACCEPTANCE OF UNAPPROVED | 0015| STREETS--EXERCISE OF JURISDICTION.-- | 0016| A. For the purpose of approving the subdivision and | 0017| platting of land: | 0018| (1) the jurisdiction of a county includes all | 0019| territory not within the boundary of a municipality; | 0020| (2) the jurisdiction of a municipality having a | 0021| population of twenty-five thousand to two hundred thousand persons | 0022| according to the most recent census includes all territory within five | 0023| miles of the boundary of the municipality and not within the boundary | 0024| of another municipality; | 0025| (3) the jurisdiction of a municipality having a | 0001| population of less than twenty-five thousand persons according to the | 0002| most recent census includes all territory within three miles of the | 0003| municipal boundary and not within the boundary of another | 0004| municipality; and | 0005| (4) a municipality having a population over two | 0006| hundred thousand persons according to the most recent census located | 0007| in a class A county shall share approval authority with the county of | 0008| subdivisions and platting of land within five miles of the municipal | 0009| boundary. Approval shall be through the actions of the | 0010| extraterritorial land use commission and extraterritorial land use | 0011| authority. | 0012| B. Each municipality shall have jurisdiction over the | 0013| territory within its boundary. | 0014| C. If territory not lying within the boundary of a | 0015| municipality is within the platting jurisdiction of more than one | 0016| municipality, the platting jurisdiction of each municipality shall | 0017| terminate equidistant from the boundary of each municipality unless | 0018| one municipality has a population according to the most recent census | 0019| of less than two thousand five hundred persons and another | 0020| municipality has a population according to the most recent census of | 0021| more than two thousand five hundred persons. Then the platting | 0022| jurisdiction of the municipality having the greatest population | 0023| extends to such territory. | 0024| D. The county and a municipality shall exercise concurrent | 0025| jurisdiction over territory within the platting jurisdiction of both | 0001| the county and the municipality except as provided in Paragraph (4) of | 0002| Subsection A of this section. | 0003| E. The governing body of a municipality or the board of | 0004| county commissioners may not locate, construct or accept any street | 0005| dedication until the street dedication is first submitted to the | 0006| planning authority for approval or disapproval. If disapproved by the | 0007| planning authority, the street dedication may be approved by a two- | 0008| thirds vote of all the members of the governing body of the | 0009| municipality having jurisdiction or of the board of county | 0010| commissioners having jurisdiction. A street dedication accepted by | 0011| the planning authority or by a two-thirds vote of all the members of | 0012| the governing body of the municipality having jurisdiction or of the | 0013| board of county commissioners having jurisdiction shall have the same | 0014| status as any other public street." | 0015| Section 4. A new section of Chapter 3, Article 21 NMSA 1978 is | 0016| enacted to read: | 0017| "EXTRATERRITORIAL ZONING IN CLASS A COUNTY WITH MUNICIPALITY OVER | 0018| TWO HUNDRED THOUSAND--PROCEDURES.-- | 0019| A. In a class A county that has a municipality with a | 0020| population over two hundred thousand persons, extraterritorial zoning | 0021| between that municipality and the county shall be determined by an | 0022| "extraterritorial land use authority". The extraterritorial land use | 0023| authority shall have the jurisdiction and powers of an | 0024| extraterritorial zoning authority and shall carry out the duties | 0025| related to planning and platting jurisdiction, extraterritorial | 0001| zoning, subdivision approval, and annexation approval or disapproval | 0002| as provided in Section 3-7-17.1 NMSA 1978. The extraterritorial land | 0003| use authority shall consist of four county commissioners appointed by | 0004| the board of county commissioners and three city councilors or two | 0005| city councilors and the mayor appointed by the municipality. | 0006| B. The extraterritorial zoning commission in a class A | 0007| county having a municipality with a population over two hundred | 0008| thousand persons that is concerned with extraterritorial zoning | 0009| between that municipality and the county shall be known as the | 0010| "extraterritorial land use commission". The commission shall be | 0011| composed of five members of the county planning commission appointed | 0012| by the board of county commissioners and five members of the | 0013| environmental planning commission of the municipality appointed by the | 0014| city council. | 0015| C. The composition of the extraterritorial land use | 0016| commission shall not affect the composition of any other | 0017| extraterritorial zoning commission that may be established in that | 0018| county with any other municipality. | 0019| D. The extraterritorial land use commission shall have | 0020| the authority to carry out duties related to planning and platting | 0021| jurisdiction, subdivision and extraterritorial zoning." | 0022| |