0001| HOUSE BILL 1083
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| EARLENE ROBERTS
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO SUBDIVISIONS; CHANGING CERTAIN WATER PERMIT
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0012| REQUIREMENTS; AMENDING SECTIONS OF THE NEW MEXICO SUBDIVISION
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0013| ACT.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 47-6-2 NMSA 1978 (being Laws 1973,
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0017| Chapter 348, Section 2, as amended) is amended to read:
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0018| "47-6-2. DEFINITIONS.--As used in the New Mexico
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0019| Subdivision Act:
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0020| A. "immediate family member" means a husband, wife,
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0021| father, stepfather, mother, stepmother, brother, stepbrother,
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0022| sister, stepsister, son, stepson, daughter, stepdaughter,
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0023| grandson, stepgrandson, granddaughter, stepgranddaughter,
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0024| nephew and niece, whether related by natural birth or adoption;
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0025| B. "lease" means to lease or offer to lease land;
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0001| C. "parcel" means land capable of being described
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0002| by location and boundaries and not dedicated for public or
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0003| common use;
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0004| D. "person" means any individual, estate, trust,
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0005| receiver, cooperative association, club, corporation, company,
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0006| firm, partnership, joint venture, syndicate or other entity;
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0007| E. "final plat" means a map, chart, survey, plan or
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0008| replat certified by a licensed, registered land surveyor
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0009| containing a description of the subdivided land with ties to
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0010| permanent monuments prepared in a form suitable for filing of
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0011| record;
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0012| F. "preliminary plat" means a map of a proposed
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0013| subdivision showing the character and proposed layout of the
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0014| subdivision and the existing conditions in and around it and
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0015| need not be based upon an accurate and detailed survey of the
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0016| land;
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0017| G. "sell" means to sell or offer to sell land;
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0018| H. "subdivide" means to divide a surface area of
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0019| land into a subdivision;
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0020| I. "subdivider" means any person who creates or who
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0021| has created a subdivision individually or as part of a common
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0022| promotional plan or any person engaged in the sale, lease or
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0023| other conveyance of subdivided land; however, "subdivider" does
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0024| not include any duly licensed real estate broker or salesperson
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0025| acting on another's account;
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0001| J. "subdivision" means the division of a surface
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0002| area of land, including land within a previously approved
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0003| subdivision, into two or more parcels for the purpose of sale,
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0004| lease or other conveyance or for building development, whether
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0005| immediate or future; but "subdivision" does not include:
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0006| (1) the sale, lease or other conveyance of any
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0007| parcel that is thirty-five acres or larger in size within any
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0008| twelve-month period, provided that the land has been used
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0009| primarily and continuously for agricultural purposes, in
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0010| accordance with Section 7-36-20 NMSA 1978, for the preceding
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0011| three years;
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0012| (2) the sale or lease of apartments, offices,
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0013| stores or similar space within a building;
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0014| (3) the division of land within the boundaries
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0015| of a municipality;
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0016| (4) the division of land in which only gas,
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0017| oil, mineral or water rights are severed from the surface
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0018| ownership of the land;
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0019| (5) the division of land created by court
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0020| order where the order creates no more than one parcel per
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0021| party;
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0022| (6) the division of land for grazing or
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0023| farming activities; provided the land continues to be used for
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0024| grazing or farming activities;
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0025| (7) the division of land resulting only in the
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0001| alteration of parcel boundaries where parcels are altered for
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0002| the purpose of increasing or reducing the size of contiguous
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0003| parcels and where the number of parcels is not increased;
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0004| (8) the division of land to create burial
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0005| plots in a cemetery;
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0006| (9) the division of land to create a parcel
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0007| that is sold or donated as a gift to an immediate family
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0008| member; however, this exception shall be limited to allow the
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0009| seller or donor to sell or give no more than one parcel per
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0010| tract of land per immediate family member;
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0011| (10) the division of land created to provide
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0012| security for mortgages, liens or deeds of trust; provided that
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0013| the division of land is not the result of a seller-financed
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0014| transaction;
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0015| (11) the sale, lease or other conveyance of
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0016| land that creates no parcel smaller than one hundred forty
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0017| acres;
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0018| (12) the division of land to create a parcel
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0019| that is donated to any trust or nonprofit corporation granted
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0020| an exemption from federal income tax, as described in Section
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0021| 501 (c)(3) of the United States Internal Revenue Code of 1986,
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0022| as amended; school, college or other institution with a defined
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0023| curriculum and a student body and faculty that conducts classes
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0024| on a regular basis; or [to any] church or group organized for
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0025| the purpose of divine worship, religious teaching or other
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0001| specifically religious activity; [or]
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0002| (13) the sale, lease or other conveyance of a
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0003| single parcel from a tract of land, except from a tract within
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0004| a previously approved subdivision, within any five-year period;
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0005| provided that a second or subsequent sale, lease or other
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0006| conveyance from the same tract of land within five years of the
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0007| first sale, lease or other conveyance shall be subject to the
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0008| provisions of the New Mexico Subdivision Act; provided further
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0009| that a survey shall be filed with the county clerk indicating
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0010| the five-year holding period for both the original tract and
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0011| the newly created tract; or
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0012| (14) the division of land to create a parcel
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0013| to be used for facilities to gather, process or transport gas,
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0014| oil, minerals or water or to distribute public utilities;
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0015| K. "terrain management" means the control of
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0016| floods, drainage and erosion and measures required for adapting
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0017| proposed development to existing soil characteristics and
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0018| topography;
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0019| L. "time of purchase, lease or other conveyance"
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0020| means the time of signing any document obligating the person
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0021| signing the document to purchase, lease or otherwise acquire a
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0022| legal interest in land;
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0023| M. "common promotional plan" means any plan or
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0024| scheme of operation, undertaken by a single subdivider or a
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0025| group of subdividers acting in concert, to offer for sale or
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0001| lease parcels of land where such land is either contiguous or
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0002| part of the same area of land or is known, designated or
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0003| advertised as a common unit or by a common name;
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0004| N. "type-one subdivision" means any subdivision
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0005| containing five hundred or more parcels, any one of which is
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0006| less than ten acres in size;
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0007| O. "type-two subdivision" means any subdivision
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0008| containing not fewer than twenty-five but not more than four
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0009| hundred ninety-nine parcels, any one of which is less than ten
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0010| acres in size;
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0011| P. "type-three subdivision" means any subdivision
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0012| containing not more than twenty-four parcels, any one of which
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0013| is less than ten acres in size;
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0014| Q. "type-four subdivision" means any subdivision
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0015| containing twenty-five or more parcels, each of which is ten
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0016| acres or more in size; and
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0017| R. "type-five subdivision" means any subdivision
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0018| containing not more than twenty-four parcels, each of which is
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0019| ten acres or more in size."
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0020| Section 2. Section 47-6-11.2 NMSA 1978 (being Laws 1995,
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0021| Chapter 212, Section 13) is amended to read:
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0022| "47-6-11.2. WATER PERMIT REQUIRED FOR FINAL PLAT
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0023| APPROVAL. [A. Until July 1, 1997, before approving the final
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plat for a subdivision containing twenty or more parcels, any
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one of which is two acres or less in size, the board of county
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commissioners shall require that the subdivider provide a copy
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of a permit obtained from the state engineer, issued pursuant
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to Section 72-5-1, 72-5-23 or 72-5-24 NMSA 1978, or if the
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subdivision is located within a declared underground water
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basin, provide a copy of a permit obtained from the state
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engineer issued pursuant to those sections or to Section
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72-12-3 or 72-12-7 NMSA 1978 for the subdivision water use. In
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acting on the permit application, the state engineer shall
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determine whether the amount of water permitted is sufficient
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in quantity to fulfill the maximum annual water requirements of
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the subdivision, including water for indoor and outdoor
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domestic uses. The board of county commissioners shall not
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approve the final plat unless the state engineer has so issued
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a permit for the subdivision water use.
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B. On or after July 1, 1997] Before approving the
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0016| final plat for a subdivision containing twenty or more parcels,
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0017| any one of which is two acres or less in size, the board of
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0018| county commissioners may require that the subdivider provide a
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0019| copy of a permit obtained from the state engineer, issued
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0020| pursuant to Section 72-5-1, 72-5-23 or 72-5-24 NMSA 1978, or if
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0021| the subdivision is located within a declared underground water
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0022| basin, provide a copy of a permit obtained from the state
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0023| engineer issued pursuant to those sections or to Section
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0024| 72-12-3 or 72-12-7 NMSA 1978 for the subdivision water use. In
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0025| acting on the permit application, the state engineer shall
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0001| determine whether the amount of water permitted is sufficient
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0002| [in quantity] to fulfill the [maximum annual] county's
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0003| water requirements [of the subdivision, including water for
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indoor and outdoor domestic uses. The board of county
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commissioners may elect not to approve the final plat if the
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state engineer has not issued a permit for the subdivision
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water use]. The state engineer shall have one hundred twenty
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0008| days to act upon the water permit. If after one hundred twenty
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0009| days the state engineer has not acted upon the water permit,
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0010| the board of county commissioners may approve the final plat."
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0011| State of New Mexico
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0012| House of Representatives
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0013|
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0014| FORTY-THIRD LEGISLATURE
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0015| FIRST SESSION, 1997
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0016|
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0017|
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0018| March 5, 1997
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0019|
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0020|
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0021| Mr. Speaker:
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0022|
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0023| Your ENERGY AND NATURAL RESOURCES COMMITTEE, to
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0024| whom has been referred
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0025|
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0001| HOUSE BILL 1083
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0002|
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0003| has had it under consideration and reports same with
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0004| recommendation that it DO PASS, amended as follows:
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0005|
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0006| 1. On page 7, lines 24 and 25, restore "in quantity".
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0007|
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0008| 2. On page 7, line 25, restore "maximum annual" and strike
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0009| "county's".,
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0010|
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0011| and thence referred to the AGRICULTURE AND WATER
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0012| RESOURCES COMMITTEE.
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0013|
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0014| Respectfully submitted,
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0015|
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0016|
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0017|
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0018|
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0019|
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0020| James Roger Madalena, Chairman
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0021|
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0022|
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0023| Adopted Not Adopted
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0024|
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0025| (Chief Clerk) (Chief Clerk)
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0001|
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0002| Date
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0003|
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0004| The roll call vote was 7 For 1 Against
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0005| Yes: 7
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0006| No: Stewart
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0007| Excused: Chavez, Garcia, M. P., Getty, Knowles
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0008| Absent: None
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0009|
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0010|
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0011| .118201.1
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0012| G:\BILLTEXT\BILLW_97\H1083 State of New Mexico
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0013| House of Representatives
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0014|
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0015| FORTY-THIRD LEGISLATURE
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0016| FIRST SESSION, 1997
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0017|
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0018|
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0019| March 8, 1997
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0020|
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0021|
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0022| Mr. Speaker:
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0023|
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0024| Your AGRICULTURE AND WATER RESOURCES COMMITTEE,
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0025| to whom has been referred
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0001|
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0002| HOUSE BILL 1083, as amended
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0003|
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0004| has had it under consideration and reports same with
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0005| recommendation that it DO PASS, and thence referred to the
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0006| JUDICIARY COMMITTEE.
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0007|
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0008| Respectfully submitted,
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0009|
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0010|
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0011|
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0012|
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0013|
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0014| G. X. McSherry, Chairman
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0015|
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0016|
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0017| Adopted Not Adopted
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0018|
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0019| (Chief Clerk) (Chief Clerk)
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0020|
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0021| Date
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0022|
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0023| The roll call vote was 5 For 1 Against
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0024| Yes: 5
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0025| No: Porter
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0001| Excused: Abeyta, Garnenez, Stell
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0002| Absent: None
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0003|
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0004|
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0005| G:\BILLTEXT\BILLW_97\H1083 State of New Mexico
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0006| House of Representatives
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0007|
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0008| FORTY-THIRD LEGISLATURE
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0009| FIRST SESSION, 1997
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0010|
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0011|
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0012| March 21, 1997
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0013|
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0014|
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0015| Mr. Speaker:
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0016|
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0017| Your JUDICIARY COMMITTEE, to whom has been referred
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0018|
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0019| HOUSE BILL 1083, as amended
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0020|
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0021| has had it under consideration and reports same with
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0022| recommendation that it DO PASS, amended as follows:
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0023|
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0024| 1. On page 8, lines 1 through 4, strike the brackets and
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0025| line-through on those lines.
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0001|
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0002| 2. On page 8, lines 4 through 8, strike the underscored
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0003| language and insert in lieu thereof "Once an application for a
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0004| water permit has been deemed complete by the state engineer, the
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0005| state engineer shall have one hundred twenty days to act upon an
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0006| unprotested water permit."".,
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0007|
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0008| and thence referred to the APPROPRIATIONS AND FINANCE
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0009| COMMITTEE.
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0010|
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0011| Respectfully submitted,
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0012|
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0013|
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0014|
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0015|
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0016|
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0017| Thomas P. Foy, Chairman
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0018|
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0019|
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0020| Adopted Not Adopted
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0021|
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0022| (Chief Clerk) (Chief Clerk)
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0023|
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0024| Date
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0025|
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0001| The roll call vote was 4 For 3 Against
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0002| Yes: 4
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0003| No: Foy, Pederson, Stewart
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0004| Excused: Alwin, King, Luna, Rios, Sanchez, Vaughn
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0005| Absent: None
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0006|
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0007|
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0008| .118987.1
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0009| G:\BILLTEXT\BILLW_97\H1083
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