45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO MUNICIPALITIES; LIMITING A MUNICIPALITY'S PLANNING AND PLATTING JURISDICTION UNDER CERTAIN CIRCUMSTANCES.

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

Section 1. Section 3-19-5 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-18-5, as amended) is amended to read:

"3-19-5. PLANNING AND PLATTING JURISDICTION.--

A. Each municipality shall have planning and platting jurisdiction within its municipal boundary. Except as provided in Subsection B or C of this section, the planning and platting jurisdiction of a municipality:

(1) having a population of twenty-five thousand or more persons includes all territory within five miles of its boundary and not within the boundary of another municipality; or

(2) having a population of [less] fewer than twenty-five thousand persons includes all territory within three miles of its boundary and not within the boundary of another municipality.

B. A municipality having a population over two hundred thousand persons located in a class A county shall have planning and platting jurisdiction within five miles of the boundary of the municipality shared with the county and not within the boundary of another municipality through the extraterritorial land use commission that shall make recommendations to the extraterritorial land use authority.

C. For municipalities with a population of two hundred thousand persons or fewer:

(1) unless the planning commission for the municipality has prepared and adopted a master plan pursuant to Section 3-19-9 NMSA 1978, the municipality has no planning and platting jurisdiction outside the boundaries of the municipality; and

(2) if the planning commission for the municipality has prepared and adopted a master plan pursuant to Section 3-19-9 NMSA 1978, the municipality may exercise its planning and platting jurisdiction outside the boundaries of the municipality only for the planning of utility and transportation corridors.

[C.] D. If territory not lying within the boundary of a municipality is within the planning and platting jurisdiction of more than one municipality, the planning and platting jurisdiction of each municipality shall terminate equidistant from the boundary of each municipality unless one municipality has a population of [less] fewer than two thousand five hundred persons and another municipality has a population of more than two thousand five hundred persons according to the most recent census. Then the planning and platting jurisdiction of the municipality having the greatest population extends to such territory."