SENATE BILL 312

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Antonio Maestas

 

 

 

 

 

AN ACT

RELATING TO ZONING; RESTRICTING APPEALS OF DECISIONS OF ZONING AND PLANNING AUTHORITIES TO PEOPLE WHO HAVE AN OWNERSHIP INTEREST IN THE REAL PROPERTY THAT IS THE SUBJECT OF THE DECISION OR A PROPERTY THAT IS ADJACENT TO THE PROPERTY THAT IS THE SUBJECT OF THE DECISION.

 

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

     SECTION 1. Section 3-19-8 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-18-8, as amended) is amended to read:

     "3-19-8. APPEAL.--[Any] A person [in interest] dissatisfied with an order or determination of the planning commission, after review of the order or determination by the governing body of the municipality, may commence an appeal in the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978; provided that if a specific real property is the subject of the order or determination, an appeal made pursuant to this section shall be limited to an aggrieved person who has an ownership interest in the real property that is the subject of the order or determination or has an ownership interest in a real property that is adjacent to the property that is the subject of the order or determination."

     SECTION 2. Section 3-21-4 NMSA 1978 (being Laws 1977, Chapter 80, Section 3, as amended) is amended to read:

     "3-21-4. EXTRATERRITORIAL ZONING ORDINANCE--ENFORCEMENT AND ADMINISTRATION--APPEALS.--

          A. A zoning ordinance adopted by a joint municipal-county zoning authority shall be an ordinance of the municipality and an ordinance of the county joining in the agreement pursuant to Subsection A of Section 3-21-3 NMSA 1978 and may be enforced by appropriate procedures of either the municipality or the county. The agreement entered into pursuant to Subsection A of Section 3-21-3 NMSA 1978 may specify whether the municipality or the county shall assume primary enforcement responsibility.

          B. The extraterritorial zoning commission shall administer the zoning ordinance adopted by the joint municipal-county zoning authority in the manner provided in Subsection C of Section 3-21-7 NMSA 1978.

          C. Appeals from the decisions of the extraterritorial zoning commission shall be taken to the joint municipal-county zoning authority in the manner provided in Section 3-21-8 NMSA 1978, and appeals from the decisions of the joint municipal-county zoning authority shall be taken to the district court in the manner provided in Section 39-3-1.1 NMSA 1978; provided that if a specific real property is the subject of the decision, an appeal made pursuant to this section shall be limited to an aggrieved person who has an ownership interest in the real property that is the subject of the decision or has an ownership interest in a real property that is adjacent to the property that is the subject of the decision."

     SECTION 3. Section 3-21-8 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-20-6, as amended) is amended to read:

     "3-21-8. APPEALS TO ZONING AUTHORITY--GROUNDS--STAY OF PROCEEDINGS.--

          A. The zoning authority shall provide by resolution the procedure to be followed in considering appeals allowed by this section.

          B. [Any] An aggrieved person or [any] an officer, department, board or bureau of the zoning authority affected by a decision of an administrative officer, commission or committee in the enforcement of Sections 3-21-1 through 3-21-14 NMSA 1978 or ordinance, resolution, rule or regulation adopted pursuant to these sections may appeal to the zoning authority; provided that if a specific real property is the subject of the decision, an appeal made pursuant to this section shall be limited to an aggrieved person who has an ownership interest in the real property that is the subject of the decision or has an ownership interest in a real property that is adjacent to the property that is the subject of the decision. An appeal shall stay all proceedings in furtherance of the action appealed unless the officer, commission or committee from whom the appeal is taken certifies that by reason of facts stated in the certificate, a stay would cause imminent peril of life or property. Upon certification, the proceedings shall not be stayed except by order of district court after notice to the official, commission or committee from whom the appeal is taken and on due cause shown.

          C. When an appeal alleges that there is error in any order, requirement, decision or determination by an administrative official, commission or committee in the enforcement of Sections 3-21-1 through 3-21-14 NMSA 1978 or [any] an ordinance, resolution, rule or regulation adopted pursuant to these sections, the zoning authority by a majority vote of all its members may:

                (1) authorize, in appropriate cases and subject to appropriate conditions and safeguards, variances or special exceptions from the terms of the zoning ordinance or resolution:

                     (a) that are not contrary to the public interest;

                     (b) where, owing to special conditions, a literal enforcement of the zoning ordinance will result in unnecessary hardship;

                     (c) so that the spirit of the zoning ordinance is observed and substantial justice done; and

                     (d) so that the goals and policies of the comprehensive plan are implemented; or

                (2) in conformity with Sections 3-21-1 through 3-21-14 NMSA 1978:

                     (a) reverse any order, requirement, decision or determination of an administrative official, commission or committee;

                     (b) decide in favor of the appellant; or

                     (c) make [any change in any] changes to an order, requirement, decision or determination of an administrative official, commission or committee."

     SECTION 4. Section 3-21-9 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-20-7, as amended) is amended to read:

     "3-21-9. ZONING--APPEAL.--A person aggrieved by a decision of the zoning authority or any officer, department, board or bureau of the zoning authority may appeal the decision pursuant to the provisions of Section 39-3-1.1 NMSA 1978; provided that if a specific real property is the subject of the decision, an appeal made pursuant to this section shall be limited to an aggrieved person who has an ownership interest in the real property that is the subject of the decision or has an ownership interest in a real property that is adjacent to the property that is the subject of the decision."

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