46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO LAND USE; SETTING THE STANDARD OF REVIEW FOR DEVELOPMENT AND SUBDIVISION PROPOSALS TO THAT OF THE MASTER PLAN AND ORDINANCES IN EFFECT AT THE TIME OF APPLICATION.

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

Section 1. A new section of Chapter 3, Article 19 NMSA 1978 is enacted to read:

"[NEW MATERIAL] DEVELOPMENT APPLICATIONS--STANDARD OF REVIEW.--Once a development application has been accepted for review, the application shall be reviewed based on the master plan or subdivision ordinance that existed at the time the development application was accepted for review by the municipality. The application shall be subject to proposed ordinances subsequently adopted by the governing body that were published for adoption at the time of application. The standard of review does not apply to zoning changes or zoning ordinances."

Section 2. A new section of Chapter 3, Article 20 NMSA 1978 is enacted to read:

"[NEW MATERIAL] SUBDIVISION APPROVALS--APPLICATIONS--STANDARD OF REVIEW.--Once an application for the subdivision of land has been accepted for review, the application shall be reviewed based on the master plan or subdivision ordinance that existed at the time the subdivision application was accepted for review."

Section 3. A new section of the New Mexico Subdivision Act is enacted to read:

"[NEW MATERIAL] PRELIMINARY AND FINAL PLAT APPROVALS--STANDARD OF REVIEW.--An application for final plat approval shall be reviewed based on the subdivision regulations that existed at the time the application for final plat approval was accepted for review by the county."

Section 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.