0001| HOUSE BILL 26 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| ROBERTO J. GONZALES | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO SUBDIVISIONS; PROVIDING AN EXEMPTION TO THE NEW | 0012| MEXICO SUBDIVISION ACT FOR SUSTAINABLE, ALTERNATIVE | 0013| RESIDENTIAL COMMUNITY PROJECTS. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. Section 47-6-2 NMSA 1978 (being Laws 1973, | 0017| Chapter 348, Section 2, as amended) is amended to read: | 0018| "47-6-2. DEFINITIONS.--As used in the New Mexico | 0019| Subdivision Act: | 0020| A. "immediate family member" means a husband, | 0021| wife, father, stepfather, mother, stepmother, brother, | 0022| stepbrother, sister, stepsister, son, stepson, daughter, | 0023| stepdaughter, grandson, stepgrandson, granddaughter, | 0024| stepgranddaughter, nephew ~~[and]~~ or niece, whether related | 0025| by natural birth or adoption; | - 1 - 0001| B. "lease" means to lease or offer to lease land; | 0002| C. "parcel" means land capable of being described | 0003| by location and boundaries and not dedicated for public or | 0004| common use; | 0005| D. "person" means ~~[any]~~ an individual, estate, | 0006| trust, receiver, cooperative association, club, corporation, | 0007| company, firm, partnership, joint venture, syndicate or other | 0008| entity; | 0009| E. "final plat" means a map, chart, survey, plan | 0010| or replat certified by a licensed, registered land surveyor | 0011| containing a description of the subdivided land with ties to | 0012| permanent monuments prepared in a form suitable for filing of | 0013| record; | 0014| F. "preliminary plat" means a map of a proposed | 0015| subdivision showing the character and proposed layout of the | 0016| subdivision and the existing conditions in and around it and | 0017| need not be based upon an accurate and detailed survey of the | 0018| land; | 0019| G. "sell" means to sell or offer to sell land; | 0020| H. "subdivide" means to divide a surface area of | 0021| land into a subdivision; | 0022| I. "subdivider" means ~~[any]~~ a person who | 0023| creates or who has created a subdivision individually or as | 0024| part of a common promotional plan or ~~[any]~~ a person | 0025| engaged in the sale, lease or other conveyance of subdivided | - 2 - 0001| land; however, "subdivider" does not include ~~[any]~~ a duly | 0002| licensed real estate broker or salesperson acting on another's | 0003| account; | 0004| J. "subdivision" means the division of a surface | 0005| area of land, including land within a previously approved | 0006| subdivision, into two or more parcels for the purpose of sale, | 0007| lease or other conveyance or for building development, whether | 0008| immediate or future, but "subdivision" does not include: | 0009| (1) the sale, lease or other conveyance of | 0010| ~~[any]~~ a parcel that is thirty-five acres or larger in size | 0011| within ~~[any]~~ a twelve-month period, provided that the land | 0012| has been used primarily and continuously for agricultural | 0013| purposes, in accordance with Section 7-36-20 NMSA 1978, for | 0014| the preceding three years; | 0015| (2) the sale or lease of apartments, offices, | 0016| stores or similar space within a building; | 0017| (3) the division of land within the | 0018| boundaries of a municipality; | 0019| (4) the division of land in which only gas, | 0020| oil, mineral or water rights are severed from the surface | 0021| ownership of the land; | 0022| (5) the division of land created by court | 0023| order where the order creates no more than one parcel per | 0024| party; | 0025| (6) the division of land for grazing or | - 3 - 0001| farming activities; provided the land continues to be used for | 0002| grazing or farming activities; | 0003| (7) the division of land resulting only in | 0004| the alteration of parcel boundaries where parcels are altered | 0005| for the purpose of increasing or reducing the size of | 0006| contiguous parcels and where the number of parcels is not | 0007| increased; | 0008| (8) the division of land to create burial | 0009| plots in a cemetery; | 0010| (9) the division of land to create a parcel | 0011| that is sold or donated as a gift to an immediate family | 0012| member; however, this exception shall be limited to allow the | 0013| seller or donor to sell or give no more than one parcel per | 0014| tract of land per immediate family member; | 0015| (10) the division of land created to provide | 0016| security for mortgages, liens or deeds of trust; provided that | 0017| the division of land is not the result of a seller-financed | 0018| transaction; | 0019| (11) the sale, lease or other conveyance of | 0020| land that creates no parcel smaller than one hundred forty | 0021| acres; | 0022| (12) the division of land to create a parcel | 0023| that is donated to ~~[any]~~ a trust or nonprofit corporation | 0024| granted an exemption from federal income tax, as described in | 0025| Section 501 (c)(3) of the United States Internal Revenue Code | - 4 - 0001| of 1986, as amended; school, college or other institution with | 0002| a defined curriculum and a student body and faculty that | 0003| conducts classes on a regular basis; or ~~[to any]~~ church or | 0004| group organized for the purpose of divine worship, religious | 0005| teaching or other specifically religious activity; ~~[or]~~ | 0006| (13) the sale, lease or other conveyance of a | 0007| single parcel from a tract of land, except from a tract within | 0008| a previously approved subdivision, within ~~[any]~~ a | 0009| five-year period; provided that a second or subsequent sale, | 0010| lease or other conveyance from the same tract of land within | 0011| five years of the first sale, lease or other conveyance shall | 0012| be subject to the provisions of the New Mexico Subdivision | 0013| Act; provided further that a survey shall be filed with the | 0014| county clerk indicating the five-year holding period for both | 0015| the original tract and the newly created tract; or | 0016| (14) a sustainable, alternative residential | 0017| community exempted under Section 47-6-2.1 NMSA 1978; | 0018| K. "terrain management" means the control of | 0019| floods, drainage and erosion and measures required for | 0020| adapting proposed development to existing soil characteristics | 0021| and topography; | 0022| L. "time of purchase, lease or other conveyance" | 0023| means the time of signing ~~[any]~~ a document obligating the | 0024| person signing the document to purchase, lease or otherwise | 0025| acquire a legal interest in land; | - 5 - 0001| M. "common promotional plan" means ~~[any]~~ a | 0002| plan or scheme of operation, undertaken by a single subdivider | 0003| or a group of subdividers acting in concert, to offer for sale | 0004| or lease parcels of land where such land is either contiguous | 0005| or part of the same area of land or is known, designated or | 0006| advertised as a common unit or by a common name; | 0007| N. "type-one subdivision" means ~~[any]~~ a | 0008| subdivision containing five hundred or more parcels, any one | 0009| of which is less than ten acres in size; | 0010| O. "type-two subdivision" means ~~[any]~~ a | 0011| subdivision containing not fewer than twenty-five but not more | 0012| than four hundred ninety-nine parcels, any one of which is | 0013| less than ten acres in size; | 0014| P. "type-three subdivision" means ~~[any]~~ a | 0015| subdivision containing not more than twenty-four parcels, any | 0016| one of which is less than ten acres in size; | 0017| Q. "type-four subdivision" means ~~[any]~~ a | 0018| subdivision containing twenty-five or more parcels, each of | 0019| which is ten acres or more in size; and | 0020| R. "type-five subdivision" means ~~[any]~~ a | 0021| subdivision containing not more than twenty-four parcels, each | 0022| of which is ten acres or more in size." | 0023| Section 2. A new Section 47-6-2.1 NMSA 1978 is enacted | 0024| to read: | 0025| "47-6-2.1 [NEW MATERIAL] EXEMPTION--SUSTAINABLE, | - 6 - 0001| ALTERNATIVE RESIDENTIAL COMMUNITY PROJECTS.--A sustainable, | 0002| alternative residential community project is not a subdivision | 0003| and is exempt from regulation under the New Mexico Subdivision | 0004| Act if: | 0005| A. all development and structures are located on a | 0006| single parcel of land; | 0007| B. the land is owned by one person; | 0008| C. the owner has filed a final plat, certified by | 0009| a surveyor registered in New Mexico, with the county clerk. | 0010| The final plat shall: | 0011| (1) define the parcel and all roads by | 0012| reference to permanent monuments; | 0013| (2) delineate those portions of the parcel | 0014| that are located in a flood plain; and | 0015| (3) state the maximum number of structures to | 0016| be constructed on the parcel; | 0017| D. the owner has provided a statement to the board | 0018| of county commissioners certifying that the county will never | 0019| be asked to provide utilities or roads within the boundaries | 0020| of the plat and the owner has filed the statement with the | 0021| county clerk as a covenant to run with the land; | 0022| E. the project provides, within its boundaries, an | 0023| alternative method of energy production, for itself and all | 0024| structures, that has been approved or permitted by the | 0025| construction industries division of the regulation and | - 7 - 0001| licensing department; | 0002| F. the project provides, within its boundaries, an | 0003| alternative water supply system, for itself and all | 0004| structures, that has been approved or permitted by the state | 0005| engineer; | 0006| G. the project provides, within its boundaries, an | 0007| alternative sewage system, for itself and all structures, that | 0008| has been approved or permitted by the department of | 0009| environment; | 0010| H. the project provides, within its boundaries, an | 0011| alternative heating and cooling system, for itself and all | 0012| structures, that has been approved or permitted by the | 0013| construction industries division of the regulation and | 0014| licensing department; | 0015| I. the design or construction of all project | 0016| structures has been approved or permitted by the construction | 0017| industries division of the regulation and licensing | 0018| department; | 0019| J. roads within the project meet county standards | 0020| applicable for emergency vehicles; | 0021| K. solid waste produced within the project is | 0022| disposed of in a manner consistent with the requirements of | 0023| the Solid Waste Act; | 0024| L. all prospective owners and tenants of homes | 0025| within the project receive a disclosure statement containing | - 8 - 0001| the information required by Subsection B of Section 47-6-17 | 0002| NMSA 1978; | 0003| M. before any structure is occupied, the occupier | 0004| receives a certificate of occupancy certifying compliance with | 0005| all applicable codes and standards; provided that no | 0006| certificate is required if the structure is occupied for | 0007| research and development purposes; and | 0008| N. for the purpose of determining whether the | 0009| project qualifies for an exemption under this section, the | 0010| project and project records relating to the exemption shall be | 0011| available for inspection by county or state officials; | 0012| provided that the inspections shall occur at a frequency of | 0013| not more than one per month." | 0014| |