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F I S C A L I M P A C T R E P O R T





SPONSOR: Gubbels DATE TYPED: 03/05/01 HB HJM 41
SHORT TITLE: Inventory Land Use Planning Ordinances SB
ANALYST: Padilla


APPROPRIATION



Appropriation Contained
Estimated Additional Impact
Recurring

or Non-Rec

Fund

Affected

FY01 FY02 FY01 FY02
NFI



Relates to HJM 19, SJM 6



SOURCES OF INFORMATION



LFC Files

Department of Finance and Administration (DFA)

State Land Office

Energy, Minerals and Natural Resources Department (EMNRD)



SUMMARY



Synopsis of Bill



House Joint Memorial 41 expresses the interest of the legislature in land use planning and requests the Local Government Division (LGD) of the Department of Finance and Administration to conduct an inventory of city and county land use planning procedures and enforcement capabilities. It also asks the LGD to document problems in implementing sound land use policies. The memorial asks LGD to report their findings and recommendations to an interim legislative committee by November 1, 2001.



Significant Issues



LGD believes that the study requested by this memorial could build on the work that LGD did in 1997, when it surveyed local governments on land use planning. That study revealed that three-quarters of municipalities and counties have some type of comprehensive land use plan. LGC notes, however, that the efficacy of the plans is doubtful because of the lack of a common legal framework and few enforcement mechanisms.



LGD also notes that many communities have asked for assistance in carrying out comprehensive planning. An updated survey, as requested by this memorial, would be a tool to determine the kinds of planning assistance and legislative changes needed by local governments.

FISCAL IMPLICATIONS



This is a memorial and does not contain an appropriation.



ADMINISTRATIVE IMPLICATIONS



The Local Government Division believes that its staff is capable of conducting the requested survey.



CONFLICT/DUPLICATION/COMPANIONSHIP/RELATIONSHIP



House Joint Memorial19 requests the New Mexico Municipal League and the New Mexico Association of Counties to conduct a study on the terminology used by local governments when discussing zoning classifications. Senate Joint Memorial 6 requests the Legislative Council to continue the Interim Land Use Committee or to assign an appropriate interim legislative committee to further study land use issues.



OTHER SUBSTANTIVE ISSUES



The Interim Land Use Committee was created in 1999 to study and evaluate planning, zoning, land use and subdivision enabling statutes and to provide a forum for state, county and municipal officials, along with representatives of the private sector and public interest groups. In 2000, the committee was given the additional mandate of conducting a comprehensive review of local government issues.



LP/ar