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

RELATING TO SUBDIVISIONS; PROVIDING FOR JOINT POWERS AGREEMENTS FOR THE EXERCISE OF EXTRATERRITORIAL AUTHORITY.

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

Section 1. Section 3-20-5 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-19-5, as amended) is amended to read:

"3-20-5. COUNTY AND MUNICIPAL JURISDICTION OVER SUBDIVISION--CONCURRENT JURISDICTION--ACCEPTANCE OF UNAPPROVED STREETS--EXERCISE OF JURISDICTION.--

A. For the purpose of approving the subdivision and platting of land:

(1) the jurisdiction of a county includes all territory not within the boundary of a municipality;

(2) except as provided in Paragraph (4) of this subsection, the jurisdiction of a municipality having a population of twenty-five thousand or more persons according to the most recent census includes all territory within five miles of the boundary of the municipality and not within the boundary of another municipality and shall be exercised as provided in Subsection D of this section;

(3) the jurisdiction of a municipality having a population of [less] fewer than twenty-five thousand persons according to the most recent census includes all territory within three miles of the municipal boundary and not within the boundary of another municipality and shall be exercised as provided in Subsection D of this section; and

(4) a municipality having a population over two hundred thousand persons according to the most recent census located in a class A county shall share approval authority with the county of subdivisions and platting of land within five miles of the municipal boundary. Approval shall be through the actions of the extraterritorial land use commission and extraterritorial land use authority.

B. Each municipality shall have jurisdiction over the territory within its boundary.

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

D. Except as provided in Paragraph (4) of Subsection A of this section, the county and a municipality shall exercise concurrent jurisdiction over territory within the platting jurisdiction of both the county and the municipality. Concurrent jurisdiction shall be exercised through a joint powers agreement. A municipality desiring to enter a joint powers agreement to exercise its extraterritorial authority over subdivisions shall pass a resolution requesting that the county enter into a joint powers agreement with the municipality. Within sixty days of the delivery of the resolution to the board of county commissioners, the municipality and county shall enter into good-faith negotiations to create a joint powers agreement. If the municipality and county are unable to agree on a joint powers agreement within one year of beginning negotiations, they shall each appoint two members to a negotiating committee. The four committee members shall appoint a fifth member by unanimous vote. Within six months of the appointment of committee members by the municipality and county, the committee shall finalize a joint powers agreement for the extraterritorial zone that shall be binding on the municipality and county after approval by the department of finance and administration. In the absence of an approved joint powers agreement for the extraterritorial zone, county subdivision regulations shall apply.

E. The governing body of a municipality or the board of county commissioners may not locate, construct or accept any street dedication until the street dedication is first submitted to the planning authority for approval or disapproval. If disapproved by the planning authority, the street dedication may be approved by a two-thirds vote of all the members of the governing body of the municipality having jurisdiction or of the board of county commissioners having jurisdiction. A street dedication accepted by the planning authority or by a two-thirds vote of all the members of the governing body of the municipality having jurisdiction or of the board of county commissioners having jurisdiction shall have the same status as any other public street."

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

"3-21-3. PROCEDURE FOR EXTRATERRITORIAL ZONING.--

A. Upon the initiative of [any] a municipal governing body or of the board of county commissioners of [any] a county [wherein any] in which a portion of the extraterritorial zoning area of the municipality lies, the municipality and the county may enter into an agreement providing for the zoning of that portion of the extraterritorial zoning area lying within the county joining in the agreement. In the absence of such agreement, a petition requesting the zoning of the extraterritorial zoning area and signed by twenty-five percent of the qualified electors residing in the extraterritorial zoning area and within the same county may be filed with the county clerk of the county of the petitioners' residence. Upon the filing of [such] the petition, the governing body of the municipality and the board of county commissioners shall enter into an agreement providing for the zoning of that portion of the extraterritorial zoning area lying within the county joining in the agreement. [Any] An agreement entered into pursuant to the provisions of this subsection may be subsequently amended by agreement of both parties.

B. The agreement entered into pursuant to Subsection A of this section shall provide for an extraterritorial zoning commission consisting of equal numbers of members appointed by the municipal zoning authority and the county commission; provided that at least one-half of these members shall reside in the extraterritorial zone. Additionally, one member from an area of the county not within the zoning jurisdiction of the municipality or within the area of the county affected by the proposed extraterritorial zoning ordinance shall be appointed by a majority of the members appointed by the board of county commissioners and by the municipal zoning authority. The agreement shall also provide for a joint municipal-county zoning authority consisting of one or more members of the municipal governing body and one or more members of the board of county commissioners, provided such authority membership shall contain one more county commission member than municipal governing body member.

C. No zoning ordinance shall be adopted by the joint municipal-county zoning authority unless the ordinance has been recommended by the extraterritorial zoning commission.

D. Within three hundred sixty days of the appointment of the last member to be appointed, the extraterritorial zoning commission shall recommend to the joint municipal-county zoning authority a zoning ordinance applicable to all or any portion of the extraterritorial zoning area lying within the county joining in the agreement pursuant to Subsection A of this section. The ordinance shall also provide, subject to the restrictions of

Section 3-21-6 NMSA 1978, for the manner in which zoning regulations, restrictions and the boundaries of districts are:

(1) determined, established and enforced; and

(2) amended, supplemented or repealed.

E. Municipal zoning jurisdiction over an extraterritorial zone shall only be exercised through a joint powers agreement with the county that shares concurrent jurisdiction. A municipality desiring to enter a joint powers agreement to exercise its extraterritorial authority over subdivisions shall pass a resolution requesting that the county enter into a joint powers agreement with the municipality. Within sixty days of the delivery of the resolution to the board of county commissioners, the municipality and county shall enter into good-faith negotiations to create a joint powers agreement. If the municipality and county are unable to agree on a joint powers agreement within one year of beginning negotiations, they shall each appoint two members to a negotiating committee. The four committee members shall appoint a fifth member by unanimous vote. Within six months of the appointment of committee members by the municipality and county, the committee shall finalize a joint powers agreement for the extraterritorial zone that shall be binding on the municipality and county after approval by the department of finance and administration. In the absence of an approved joint powers agreement for the extraterritorial zone, county subdivision regulations shall apply."

Section 3. Section 3-21-14 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-20-12, as amended) is amended to read:

"3-21-14. ADOPTION OF COUNTY ZONING ORDINANCES.--

A. Ordinances authorized under Section 3-21-13 NMSA 1978 may be proposed by any member of the board of county commissioners but shall not be submitted to the board for final passage until after publication.

B. A majority of the board [members] of county commissioners may order publication of the title and a general summary of a proposed ordinance in a newspaper of general circulation in the county at least once a week for two consecutive weeks prior to the date of the meeting of the board at which the ordinance is to be submitted for final passage. The date of the meeting shall be included in the published notice. The style and form of the ordinance shall be determined by the board.

C. A proposed ordinance shall be passed only by a majority vote of all the members of the board of county commissioners, and an existing ordinance shall be repealed by the same vote.

[D. The original copy of the ordinance together with the proof of publication and supporting maps shall be filed in a book kept for that purpose and authenticated by the signature of the county clerk. The county clerk shall keep the book together with supporting maps in his office. The title and a general summary of the ordinance shall be published in a newspaper of general circultion in the county once each week for two consecutive weeks, the last date of publication being not less than fifteen nor more than thirty days prior to the effective date of the ordinance. No ordinance shall take effect until at least fifteen days after the last date of publication. It is a sufficient defense to any prosecution for violation of an ordinance to show that no publication was made. Copies of the proposed ordinance shall be made available to interested persons during normal and regular business hours of the county clerk, upon request and payment of a reasonable charge, beginning with the date of publication and continuing to the date of consideration by the board of county commissioners.

E. Whenever the book of ordinances is introduced as evidence, the rules of civil procedure shall govern.]"

Section 4. REPEAL.--Section 3-20-9 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-19-8) is repealed.